E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, FRIDAY, SEPTEMBER 21, 2001 No. 124 Senate The Senate met at 9 a.m. and was APPOINTMENT OF ACTING ask everyone’s cooperation, which we called to order by the Honorable JACK PRESIDENT PRO TEMPORE usually get. REED, a Senator from the State of The PRESIDING OFFICER. The f Rhode Island. clerk will please read a communication RESERVATION OF LEADER TIME to the Senate from the President pro PRAYER tempore (Mr. BYRD.) The ACTING PRESIDENT pro tem- The legislative clerk read the fol- pore. Under the previous order, the The Chaplain, Dr. Lloyd John leadership time is reserved. Ogilvie, offered the following prayer: lowing letter: U.S. SENATE, f Sovereign of our beloved Nation, we PRESIDENT PRO TEMPORE, want to express our profound gratitude Washington, DC, September 21, 2001. EXECUTIVE SESSION for citizenship in the United States of To the Senate: America. Under the provisions of rule I, paragraph 3, After September 11 we no longer take of the Standing Rules of the Senate, I hereby NOMINATION OF SHARON PROST, appoint the Honorable JACK REED, a Senator OF THE DISTRICT OF COLUMBIA, for granted the privileges of being citi- from the State of Rhode Island, to perform zens of this land You have blessed so TO BE UNITED STATES CIRCUIT the duties of the Chair. JUDGE FOR THE FEDERAL CIR- bountifully through the years. Now we ROBERT C. BYRD, gratefully think about our freedoms of President pro tempore. CUIT worship, speech, assembly, and the lib- Mr. REED thereupon assumed the erty to vote. Today, we praise You for chair as Acting President pro tempore. our representative democracy. Thank NOMINATION OF REGGIE B. WAL- f You for the privilege of serving in gov- TON, OF THE DISTRICT OF CO- ernment. Help the Senators and all of RECOGNITION OF THE ACTING LUMBIA, TO BE UNITED STATES us who labor with and for them to work MAJORITY LEADER DISTRICT JUDGE FOR THE DIS- TRICT OF COLUMBIA today with a renewed sense of awe and The ACTING PRESIDENT pro tem- wonder that You have chosen them and pore. The acting majority leader is rec- The ACTING PRESIDENT pro tem- us to be part of the political process to ognized. pore. Under the previous order, the continue to make this good Nation f Senate will now go into executive ses- great. sion to consider en bloc Executive Cal- SCHEDULE Thank You for the renewed spirit of endar Orders 360 and 361, which the patriotism sweeping across our land. Mr. REID. Mr. President, the major- clerk will report. Help the children to learn that an im- ity leader has asked me to remind ev- The legislative clerk read the nomi- portant aspect of love for You is loy- eryone we are going to have a vote at nations of Sharon Prost, of the District alty to our country. We dedicate our- approximately 9:25 this morning. of Columbia, to be United States Cir- selves to overcome terrorism and to as- There will now be 20 minutes of con- cuit Judge for the Federal Circuit, and sure opportunity and justice for all current debate on the nomination of Reggie B. Walton, of the District of Co- Americans and the world. So, today, as Sharon Prost to be United States Cir- lumbia, to be United States District we pledge allegiance to our Flag, our cuit Judge and Reggie Walton to be Judge for the District of Columbia. hearts express joy: This is our own, our United States District Judge. The ACTING PRESIDENT pro tem- native land and You are our Lord and Following these votes, the Senate pore. Under the previous order, there Saviour. Amen. will stand in recess subject to the call will be a total of 20 minutes for debate of the Chair, as both parties are having on the two nominations, with the time f conferences. to be equally divided between the This is an extremely important day chairman and the ranking member. for us. We have the Defense Appropria- The Senator from Utah. PLEDGE OF ALLEGIANCE tions Committee bill which we believe Mr. HATCH. Mr. President, let me The Honorable JACK REED led the will be brought up and also some legis- first thank the distinguished majority Pledge of Allegiance, as follows: lation dealing with the airlines. leader, Senator DASCHLE, and my dear I pledge allegiance to the Flag of the So there will be rollcall votes today. friend the chairman of the Judiciary United States of America, and to the Repub- There will be rollcall votes on Monday, Committee, Senator LEAHY, for their lic for which it stands, one nation under God, earlier than usual—sometime probably support and efforts in moving this indivisible, with liberty and justice for all. midmorning or early afternoon. So we nomination and scheduling this vote

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9562 CONGRESSIONAL RECORD — SENATE September 21, 2001 today. The nominees before us are both direct relationship to the interest citi- a district court judge for the District great people, but I am going to first zens themselves display in the affairs of Columbia. Judge Walton is an excel- chat about the nominee Sharon Prost. of state.’’ Sharon has proved herself to lent nominee for this position who She is no ordinary nominee. She is an be a valuable asset to our Nation, hav- brings a wealth of talent and experi- extraordinary woman of integrity and ing devoted much of her life to public ence to the job. intellect who is the nominee to be an service. Judge Walton began his legal career appellate judge on the U.S. Court of I know that Sharon holds the other as a staff attorney in the Defender As- Appeals for the Federal Circuit. She Members of this body in the highest re- sociation of Philadelphia from 1974 to also happens to serve as the Republican gard, and that those who have worked 1976. There he served as defense counsel Chief Counsel to the Senate Judiciary with her have the utmost respect for for indigent criminal defendants. Next Committee, my chief counsel, Sharon her as well—a fact reflected by the he became an assistant U.S. attorney Prost. standing ovation that the Judiciary for the District of Columbia from 1976 Many of us who have worked with Committee members gave Sharon when to 1981, and he served as the executive Sharon either on the Judiciary or the they unanimously approved her nomi- assistant U.S. attorney for that office Labor Committees know her well. nation to be sent to the full Senate. from 1980 to 1981. Sharon grew up in an Orthodox Jewish Sharon has been the primary counsel In 1981, President Ronald Reagan ap- home, where the values of faith, fam- working for me on a number of bipar- pointed Judge Walton to the Superior ily, and country were instilled in her. tisan initiatives, including the Vio- Court of the District of Columbia. He Simply put, Sharon embodies the lence Against Women Act with Senator served as the deputy presiding judge of American dream. Her parents were con- BIDEN and his staff, as well as the reli- the Superior Court’s Criminal Division centration camp survivors who arrived gious liberty bill that was passed last from 1986 to 1989. In 1989, Judge Walton in this country from Poland in 1948. year. And Sharon has worked closely was appointed by President George The pursuit of their own educations with Senator KENNEDY’s staff over the H.W. Bush as the Associate Director of was derailed by the war, but they none- years on Labor Committee and immi- the Office of National Drug Control theless emphasized to Sharon the im- gration issues. Policy, Executive Office of the Presi- portance of education and hard work in I would be remiss in talking about dent. Judge Walton served in this posi- achieving success—advice Sharon has Sharon Prost and her many accom- tion until 1991, when he was named by followed throughout her life. And, as plishments without mentioning the President Bush as the Senior White Sharon noted at her hearing, her par- role she considers most important of House Advisor for Crime. Judge Walton ents instilled in her the love of commu- all: that of being the mother of her ter- was reappointed to the Superior Court nity, love of family, and love of God. bench by President Bush in 1991. Judge Tragically, Sharon’s father died when rific sons, Matthew and Jeffrey. She is Walton served as the presiding judge of she was only 13 years old. Upon his one of the most noble and fine people I the Superior Court’s Domestic Vio- death, she had to support herself, and have ever known. lence Unit in 2000. Since January 1, worked her way through high school Let me close by noting that Sharon 2001, Judge Walton has served as the and college. But despite the obstacles is not only an able counsel and wonder- presiding judge of the Superior Court’s life placed before her, Sharon per- ful mother, but she is a person with a severed. She and her sister Marlene be- good heart. Family Division. Judge Walton has been active in legal came the first in their family to grad- As Robert Traver wrote more than education throughout his professional uate from high school and go on to at- four decades ago, career. Currently, he serves as a fac- tend college. Perhaps one of the best- Judges, like people, may be divided rough- educated individuals ever to have ly into four classes: judges with neither head ulty member at the National Judicial worked in the Senate, Sharon holds nor heart—they are to be avoided at all College in Reno, NV, as an instructor costs; judges with head but no heart—they four degrees, including a bachelor of at the Harvard University Law are almost as bad; then judges with heart but School’s Trial Advocacy Workshop, and science from an Ivy League university, no head—risky but better than the first two; a law degree, an LLM in tax, and an as a faculty member with the National and finally, those rare judges who possess Institute of Trial Advocacy. MBA. She got three of her degrees at both head and a heart. In short, Mr. President, Judge Wal- night while working full-time. Sharon will serve this country as a A labor lawyer at heart, Sharon first ton is a highly capable person of dem- judge with head and a heart. In fact, onstrated talent who deserves the vote came to work for me 12 years ago, after Matthew and Jeffrey will tell you that serving as acting solicitor of the of confirmation by this body. one of their mom’s favorite things to I commend him to the Senate. And, NLRB. I sought Sharon out to work for say is, when you use both your head me on the Senate Labor Committee be- above all, I commend Sharon Prost and your heart, you will do things cause I learned of her intellect, her in- who has given this body, the U.S. Sen- right and do the right things. tegrity, her exceptional legal skills, ate, tremendous service, dedicated These words are insufficient to ex- and her background in finance. service, good service, and intelligent press how much I respect and love her, In her role as my chief counsel on the service over the last number of years Judiciary Committee, she has been re- and how much I will miss her and her for whom I could not have any greater sponsible for everything on the com- skill and good counsel. I truly have respect. She is a terrific human being. mittee agenda, including matters of mixed emotions, but I have no doubt I hope both of these two judges-to-be immigration, antitrust, and patent that confirming her to the Federal Cir- will enjoy their service for our country law. cuit will be the right thing for the in these very important positions. I cannot stress enough how indebted country. I yield the floor. I am to her for her service over all of Let me also take a moment to ex- The ACTING PRESIDENT pro tem- these many years. She is one of the press again my personal thanks to the pore. The Senator from Vermont. most loyal, decent, and intelligent peo- distinguished chairman of the Judici- Mr. LEAHY. Mr. President, what is ple with whom I have had the privilege ary Committee, Senator LEAHY for the parliamentary situation? to serve. moving Sharon out of the committee The ACTING PRESIDENT pro tem- Sharon truly is something of a mod- and for the distinguished majority pore. The Senate is considering en bloc ern renaissance woman, with a breadth leader for scheduling this vote today. I the nominations of Sharon Prost and and depth of knowledge in a variety of also commend the President for recog- Reggie Walton. There are 20 minutes areas. Her background and education nizing Sharon’s skills and talent and evenly divided. The Senator controls 10 make her uniquely suited for service on selecting her for the prestigious and minutes. the Federal Circuit, which, as you noble position of being a circuit judge. Mr. LEAHY. I thank the Chair, my know, handles myriad issues ranging I urge and thank my colleagues’ sup- distinguished friend from New England. from veterans matters to patent cases port for Sharon’s nomination. To reiterate, I commend the Presi- to employment cases. Mr. President, I wish to say a few dent of the United States for his speech It has been said that ‘‘[t]he value of words in support of Judge Reggie B. last night. I said to him after the government to the people it serves is in Walton who has been nominated to be speech that I thought, as most people

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9563 do, it was the finest speech of his pub- nominees. All will hopefully help. fied, consensus nominees that the lic career. He spoke to us in accordance Today we are going to confirm Sharon President is nominating to help fill the with constitutional provisions con- Prost and Judge Walton. vacancies on our federal courts. tained in article II, section 3 of our I spoke of the pride I had and all Sen- We will also have the Attorney Gen- Constitution to report to the Congress ators had—both Democrat and Repub- eral before us on Tuesday morning. I on the state of the Union. But, more lican—when Ms. Prost appeared before intend to work with the Attorney Gen- importantly, he spoke to all Ameri- our committee, at our extraordinary eral and the administration all day cans. hearings during the August recess. today, this evening, all day Saturday, I was there. My wife Marcelle was in I spoke about her not just as a person all day Sunday, and all day Monday to the galleries. Millions upon millions of and as a lawyer and not just because I try to bring together all the things Americans across the country and peo- feel she will be a superb judge on this necessary to get needed legislation en- ple all around the world listened to the very important court, but I also spoke acted. I noted a coalition of more than President. We knew America had been of her as the mother of two wonderful 150 organizations, ranging from the hit by murderous terrorist acts in New young men. I was gratified in seeing most conservative to the most liberal, York and at the Pentagon in Virginia, the looks in the faces of those two that have joined together to ask the and at the plane crash in Pennsylvania. young men as they watched their Senate and our committee not to tram- The President was right in saying mother testify but also the love that ple on civil liberties as we do this. there are no easy answers; that we face she showed to them. These groups range from the Eagle a long and terrible fight. As we were reporting the Prost nomi- Forum to the ACLU, all united, taking I could not help but think as I lis- nation from the Committee, she re- the same position. I can assure them tened to him that we will know our de- ceived a spontaneous standing ovation that trampling the rights of Americans feats in the years ahead. Often we will from all those assembled. is not the intention of our committee. not know our victories. That makes This morning the Senate will confirm We will be very careful. the fight even more difficult. It is easi- Sharon Prost to be a Judge of the As the Attorney General said, we can er when you face a well-known foe, as United States Court of Appeals for the operate within our Constitution. The we have in other times. Here we will Federal Circuit. At that moment, the Constitution has been our greatest know when we lose some battles. We Senate will have confirmed as many shield throughout our democracy. We will not always know when we win judges to our Courts of Appeals, since must honor it and operate within its some. July of this year, as were confirmed in confines and protections. We will also The President should know that we the entire first year of the Clinton ad- protect ourselves against terrorism, have a United States behind us—a ministration. We are moving forward both domestic and foreign. United States of America united more very quickly. In the first year of the I thank those Senators who stayed than at any time since I have served in Clinton administration, where they did here with me last weekend, have the Senate. We must use that unity to not have all the disruptions and dis- worked with me evening after evening, bring out what is the best in our coun- tractions and shifts we have had here, and are committed to working with me try, both in protecting our own lib- the first Court of Appeals judge was this weekend, and their staffs. It is a erties and our own rights as Ameri- not confirmed until September 30 and great effort pulling all this legislation cans—and we will do that—but also in the third was not confirmed until No- together. demonstrating to the rest of the world vember. We have moved a lot faster. I hope that we can continue to show that we are not a defenseless giant. Actually, we have moved a lot faster unanimity both for the American peo- I have served for many years with than the Senate did during the first ple and for this Senate. For example, I both the Majority Leader and the Re- year of the first Bush administration, want my colleagues to know that early publican leader. In fact, I have been in as well. That year, 1989, the third Court this morning, when most of us could the Senate throughout all of their ca- of Appeals nominee was not confirmed barely keep our eyes open, we reached reers. I commend Senators DASCHLE until October 24. agreement with the White House and and LOTT for their reinforcing reaction With the reporting of the Prost nomi- with the House of Representatives on a and response. I believe Senator nation to the Senate earlier this victims’ compensation program for the DASCHLE and Senator LOTT showed the month, we had reported as many Court victims of the terrorist attacks of Sep- best of the Senate last night and in of Appeals nominees as were reported tember 11, 2001. When we met with the these difficult days. all last year. Since then we have had a White House and with the House lead- The desk I sit in was once used by hearing on an outstanding nomination ership and, in particular, when I met Senator George Vandenberg. Senator to the Second Circuit and I expect to with the heads of the various airline Vandenberg said ‘‘politics stops at the be scheduling more hearings including companies, I said that we must have a water’s edge.’’ And we showed that last Court of Appeals nominees in the days victims’ compensation program. night. ahead. I thank the majority leader, Senator I have been working with the Presi- I recall the predictions when I was DASCHLE; Senator LOTT, the Repub- dent and the Attorney General to bring becoming Chairman in June that all lican leader; Speaker HASTERT; Leader together a package of legislative pro- the President’s judicial nominations GEPHARDT; Senator HATCH; Senator posals to aid in this effort, laws that would be blocked and the Senate would KOHL; Senator DEWINE; Senator SCHU- can help without sacrificing the free- not confirm a single nominee. By mid- MER; and Senator CLINTON for their bi- doms and constitutional protections July we had held hearings, the Com- partisan efforts. We have created a vic- that define what is best in America. I mittee had reported and the Senate tims’ compensation fund. Payments to want publicly to thank Attorney Gen- had acted to confirm Judge Roger these victims will be tax free. We will eral Ashcroft for his cooperation. He Gregory to the Fourth Circuit and we move forward quickly. and I have probably spoken more times have continued to work at a brisk pace I thank Ed Pagano, John Dowd and in the past week and a half than we throughout the summer and into the Greg Cota of my staff for being willing might have in months when we served fall. to work around the clock and Makan side by side in the Senate. I recall published reports that the Delrahaim of Senator HATCH’s staff. I Since the terrorist attacks of Sep- White House had predicted that the commend Mark Childress and Andrea tember 11, the Judiciary Committee Senate would be confirming only five LaRue of the Majority Leader’s staff has been devoting virtually undivided judges all year. With the confirmation and Dave Hoppe of the Republican attention to the aftermath, the inves- of Judge Walton, we will confirm the Leader’s office, as well as Victoria tigation and the proper legislative re- sixth Federal judge since July. A fair Bassetti, Pete Levitas, Jeff Berman sponse. The exceptions have been the assessment of the circumstances of this and Leecia Eve. This is extremely im- confirmation hearings we have con- year would lead to the conclusion that portant. There is no higher priority. ducted since the attacks for high-rank- we have done what we said we would do Again, this has been an occasion where ing law enforcement officials at the and what the Senate should do, proceed in a bipartisan effort working for long Department of Justice and for judicial to consider and confirm those quali- hours in good faith and with common

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9564 CONGRESSIONAL RECORD — SENATE September 21, 2001 resolve, we have been able to forge a course, my staff. A number of these The assistant legislative clerk called good agreement. staff people worked all night long on the roll. I see the time has arrived for the some of this legislation. They deserve Mr. NICKLES. I announce that the votes. I ask unanimous consent to an awful lot of credit, along with the Senator from Texas (Mr. GRAMM), the print in the RECORD the following re- White House staff, staffs of both Senator from Arizona (Mr. MCCAIN), lating to establishment of a victims’ Houses, and the staff of both sides on and the Senator from Wyoming (Mr. compensation fund. this issue. I am very grateful that we THOMAS) are necessarily absent. There being no objection, the mate- were able to move ahead on these mat- The ACTING PRESIDENT pro tem- rial was ordered to be printed in the ters. I hope we can move ahead in a pore. Are there any other Senators in RECORD, as follows: way to protect, preserve, and defend the Chamber desiring to vote? SENATE BIPARTISAN COMPROMISE: ESTABLISH- our country as it deserves to be pro- The result was announced—yeas 97, MENT OF A SEPTEMBER 11 VICTIMS’ COM- tected, defended, and preserved. nays 0, as follows: PENSATION FUND Let’s proceed to the vote. [Rollcall Vote No. 283 Ex.] CREATION OF THE SEPTEMBER 11 VICTIMS’ The ACTING PRESIDENT pro tem- YEAS—97 COMPENSATION PROGRAM pore. The question is, Will the Senate Akaka Dorgan Lugar Congress shall authorize and appropriate advise and consent to the nomination Allard Durbin McConnell such funds as may be necessary to com- of Sharon Prost, of the District of Co- Allen Edwards Mikulski pensate any victims or their families with lumbia, to be a United States Circuit Baucus Ensign Miller Bayh Enzi Murkowski physical injury or wrongful death claims Judge for the Federal Circuit? The yeas Bennett Feingold arising out of the terrorist-related airline Murray and nays have been ordered. The clerk Biden Feinstein Nelson (FL) crashes in the United States on September will call the roll. Bingaman Fitzgerald Nelson (NE) Bond Frist 11, 2001. The legislative clerk called the roll. Nickles Boxer Graham To be eligible for compensation, applicants Mr. NICKLES. I announce that the Reed will need to provide information about the Breaux Grassley Senator from Texas (Mr. GRAMM), the Brownback Gregg Reid harm they suffered or death linked to the Roberts HOMAS Bunning Hagel terrorist-related airline crashes on Sep- Senator from Wyoming (Mr. T ), Rockefeller and the Senator from Arizona (Mr. Burns Harkin tember 11, 2001. Applicants will not be re- Byrd Hatch Santorum quired to prove negligence or any other the- MCCAIN) are necessarily absent. Campbell Helms Sarbanes ory of liability. The ACTING PRESIDENT pro tem- Cantwell Hollings Schumer The Department of Justice shall supervise pore. Are there any other Senators in Carnahan Hutchinson Sessions the program and the Senate shall confirm a the Chamber desiring to vote? Carper Hutchison Shelby Special Master to administer the program to Chafee Inhofe Smith (NH) The result was announced—yeas 97, Cleland Inouye determine victim compensation. Smith (OR) nays 0, as follows: Clinton Jeffords Snowe QUICK REVIEW AND PAYMENT OF CLAIMS FOR [Rollcall Vote No. 282 Ex.] Cochran Johnson Specter COMPENSATION Collins Kennedy Stabenow YEAS—97 Conrad Kerry The Special Master shall make a final de- Stevens Akaka Dorgan Lugar Corzine Kohl Thompson termination of the applicant’s eligibility for Allard Durbin Craig McConnell Kyl Thurmond compensation and appropriate level of com- Allen Edwards Crapo Landrieu Mikulski Torricelli pensation within 100 days of having received Baucus Ensign Daschle Leahy Miller Voinovich the application. Bayh Enzi Dayton Levin Murkowski Warner In all cases, the compensation shall be paid Bennett Feingold Murray DeWine Lieberman Biden Feinstein Dodd Lincoln Wellstone within 20 days of the final determination. Nelson (FL) Wyden Filing of a claim under the program will Bingaman Fitzgerald Nelson (NE) Domenici Lott Bond Frist Nickles preempt all other civil remedies available Boxer Graham NOT VOTING—3 Reed under federal or state law for the same phys- Breaux Grassley Gramm McCain Thomas ical injury or wrongful death suffered as a Brownback Gregg Reid result of the September 11, 2001 terrorist Bunning Hagel Roberts The nomination was confirmed. Rockefeller acts. Burns Harkin The ACTING PRESIDENT pro tem- Santorum Payments to victims will be tax free. Byrd Hatch pore. Under the previous order, the Campbell Helms Sarbanes President is notified of these actions Mr. LEAHY. I ask for the yeas and Cantwell Hollings Schumer nays on the nominees. Carnahan Hutchinson Sessions taken by the Senate. The ACTING PRESIDENT pro tem- Carper Hutchison Shelby f Chafee Inhofe Smith (NH) pore. The yeas and nays have been pre- Cleland Inouye Smith (OR) LEGISLATIVE SESSION viously ordered. Clinton Jeffords Snowe The ACTING PRESIDENT pro tem- Mr. LEAHY. I thank the Chair. Cochran Johnson Specter pore. Under the previous order, the The ACTING PRESIDENT pro tem- Collins Kennedy Stabenow Conrad Kerry Senate will now resume legislative ses- pore. The Senator from Utah. Stevens Corzine Kohl Thompson sion. Craig Mr. HATCH. Mr. President, I ask Kyl Thurmond Crapo Landrieu f unanimous consent to proceed for 1 Torricelli Daschle Leahy Voinovich minute. Dayton Levin RECESS SUBJECT TO THE CALL OF The ACTING PRESIDENT pro tem- DeWine Lieberman Warner THE CHAIR pore. Without objection, it is so or- Dodd Lincoln Wellstone Domenici Lott Wyden The ACTING PRESIDENT pro tem- dered. pore. The Senate will stand in recess Mr. HATCH. I thank the chairman of NOT VOTING—3 subject to the call of the Chair. the Judiciary Committee for his solid Gramm McCain Thomas Thereupon, the Senate, at 10:17 a.m., support of Sharon Prost and Reggie The nomination was confirmed. recessed subject to the call of the Chair Walton and for the work he has done. I Mr. LEAHY. Mr. President, I move to and reassembled at 11:54 a.m. when also have enjoyed working with him as reconsider the vote. called to order by the Presiding Officer we have worked to fashion, along with Mr. HATCH. I move to lay that mo- (Mr. JOHNSON). all the people whose names he men- tion on the table. The PRESIDING OFFICER. The Sen- tioned, and certainly in the House of The motion to lay on the table was ator from Nevada is recognized. agreed to. Representatives, the law enforcement f changes and terrorism laws that really VOTE ON THE NOMINATION OF REGGIE B. WALTON need to occur. I hope we can get that The ACTING PRESIDENT pro tem- DEFENSE AUTHORIZATION done. I hope we can do it on a com- pore. Under the previous order, the Mr. REID. Mr. President, the major- pletely bipartisan basis. It has to be question is, Will the Senate advise and ity and minority leaders have agreed done. consent to the nomination of Reggie B. that in the near future, the two man- We have also worked very hard on Walton to be a U.S. District Judge for agers, Senators WARNER and LEVIN, the airline bill which he has described the District of Columbia? On this ques- will move forward with the Defense au- adequately. I thank him for the efforts tion, the yeas and nays have been or- thorization bill. The opening state- he is putting forth, and his staff and, of dered, and the clerk will call the roll. ments will take some time because this

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9565 is such an important piece of legisla- committee, when the committee for The amendment is as follows: tion. the first time in living memory had a At the appropriate place in the bill, add At some point later in the day, when partisan division on reporting out a the following: the House, we hope, completes their bill. SEC. . AUTHORIZATION OF ADDITIONAL FUNDS. work on the airlines legislation, which I commend our chairman and the (a) AUTHORIZATION.—$1,300,000,000 is hereby they have worked on during the night, leadership. I think we are prepared authorized, in addition to the funds author- and we worked on during the night, we ized elsewhere in Division A of this Act, for today to present to the Senate a very whichever of the following purposes the will move to that. The managers un- fine bill on behalf of the men and President determines to be in the national derstand that. women of the Armed Forces, their fam- security interests of the United States— I hope that people will understand ilies, and those who are dependent and (1) research, development, test and evalua- how hard these two veteran legisla- work with our Armed Forces. It would tion for ballistic missile defense; and tors—Senator LEVIN and Senator WAR- be my hope that in the course of the (2) activities for combating terrorism. NER—have worked on this legislation. I day, we can address such items as Mr. LEVIN. Mr. President, this is no personally know of the time they have Members wish. But I think on our side, ordinary time in our country. In New spent on this bill in the past week, and having participated in our caucus this York and just across the Potomac in prior to that they spent much more morning, there is a feeling that we Virginia, our fellow citizens continue time on it. This is a very crucial time would like to move forward on this bill; to sift through the ruins left by the in the history of this country, and al- and depending on the number of hours most deadly attack ever against the though it is always important, it is today, quite possibly we can bring to United States. Our fury at those who even more so now. closure a number of issues and possibly attack innocents is matched by our de- I hope Members will be very cautious begin to focus on when final passage termination to protect our citizens in trying to make a Christmas tree out could be achieved, subject to the lead- from more terror and by our resolve to of this piece of legislation. The two ership’s desire for the time of the vote. track down, root out, and relentlessly leaders want as little controversy with I thank my colleague. pursue the terrorists and those who would shelter or harbor them. The this legislation as possible. We under- f stand the Senate rules, that any person President spoke eloquently and force- can do anything they want with this NATIONAL DEFENSE AUTHORIZA- fully last night setting out those goals. legislation. But we certainly ask that TION ACT FOR FISCAL YEAR 2002 Against this background, we bring they be very cautious with this legisla- Mr. LEVIN. Mr. President, I ask the National Defense Authorization tion. We have a timeframe within unanimous consent that the Senate Act for Fiscal Year 2002 to the floor of which we very badly need to complete now proceed to Calendar No. 163, S. the Senate. The bill authorizes the full this bill—as soon as possible. By next 1438, the Department of Defense au- amount requested by the administra- Wednesday at 2 o’clock, we not only thorization bill; that once the bill is re- tion for national defense, including the have to complete this legislation but ported, I be recognized to offer a man- $18.4 billion requested by the President also do the continuing resolution to agers’ amendment; that the amend- in his amended budget request. The bill also addresses a number of important get us past the fiscal year. So there is ment be agreed to and the motion to priorities identified by the Armed really a lot to do. reconsider be laid upon the table. I repeat for the third time, I hope The PRESIDING OFFICER. Is there Services Committee. I am pleased we were able to add a that Members will be very discrete in objection? significant amount of money, over $700 what they do with this legislation as it Mr. WARNER. Reserving the right to million, to the budget request for com- relates to these two managers. object—and I certainly will not ob- pensation and quality of life. The PRESIDING OFFICER. The Sen- ject—I have joined with my distin- We added more than $1 billion to im- ator from Michigan is recognized. guished chairman in preparation of the prove the readiness of the military Mr. LEVIN. Mr. President, let me managers’ amendment and will be a co- services to carry out their assigned first thank the Senator from Nevada sponsor of it. missions. for his very kind words and for his ef- The PRESIDING OFFICER. Without We added a large amount of money to forts and the leadership on both sides objection, it is so ordered. advance the transformation of the of the aisle in helping to bring this bill The clerk will report the bill. military services and to improve the forward. Senator WARNER and I have The legislative clerk read as follows: capability of the armed forces to meet indeed worked very hard on it and, as A bill (S. 1438) to authorize appropriations nontraditional threats, including ter- always, we have worked together to for fiscal year 2002 for military activities of rorism. bring a bill forward that hopefully the the Department of Defense, for military con- Even in advance of the terrorist at- Senate can pass and pass quickly. But struction, and for defense activities of the tack on the World Trade Center and Department of Energy, to prescribe per- without the support of our leadership, the Pentagon, we gave particular at- that would not have been possible. As sonnel strengths for such fiscal year for the Armed Forces, and for other purposes. tention to the problem of terrorism as hard as we and our staffs work, it takes reflected in our bill and in the report The PRESIDING OFFICER. The Sen- leadership support to make it happen. that accompanies it. Not only did the ator from Michigan is recognized. We are grateful that Senator REID is on committee fully fund the President’s the floor, and we thank all leaders not AMENDMENT NO. 1598 proposal for combating terrorism, we on the floor. Mr. LEVIN. Mr. President, the man- were able to add funds for a new com- Mr. WARNER. If the Senator will agers’ amendment is at the desk. bating terrorism initiative to improve yield, I join that with respect to the The PRESIDING OFFICER. The the ability of the U.S. forces to deter leadership provided by our distin- clerk will report the amendment. and defend against terrorism, including guished majority whip. Yesterday on The legislative clerk read as follows: additional funds for research by the the train, as we were going to New The Senator from Michigan [Mr. LEVIN], Department of Defense and the Depart- York, we had Senator DASCHLE, Sen- for himself and Mr. WARNER, proposes an ment of Energy on the detection, iden- ator LOTT, Senator REID, Senator amendment numbered 1598. tification, and measurement of chem- LEVIN, and I, and I think we finished up Mr. LEVIN. Mr. President, I ask ical and biological weapons, and funds basically the procedural and, to some unanimous consent that further read- to upgrade Army installations and degree, the substantive points that re- ing of the amendment be dispensed make them less vulnerable to ter- main, under the circumstances on with. rorism. Much more remains to be done which we concluded on the eve of vis- The PRESIDING OFFICER. Without in this area, and that has surely been iting ground zero. objection, it is so ordered. dramatized by the events of September That is an example of how, through- Without objection, the amendment is 11. out the last six or seven days, Senator agreed to, and the motion to reconsider We have already passed a $40 billion LEVIN and I have collaborated on bring- is laid upon the table. emergency supplemental for our war on ing together a closure of the dif- The amendment (No. 1598) was agreed terrorism. I understand the Depart- ferences that were experienced in the to. ment of Defense will be coming forward

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9566 CONGRESSIONAL RECORD — SENATE September 21, 2001 with an additional supplemental budg- Senator CLELAND has been fighting partment of Energy programs to pre- et request in the next several weeks, for that initiative since he came to the vent the proliferation of weapons of and our committee will review any Senate, and I am delighted we were mass destruction and related expertise. such request. able to include it in our bill this year. Earlier this year, a bipartisan task The U.S. military is by far the most We added more than $450 million for force, chaired by former Senator How- capable fighting force in the world. family housing and other military con- ard Baker and former White House From Europe to the Persian Gulf to the struction to improve the facilities in counsel Lloyd Cutler, concluded the Korean peninsula, the presence of U.S. which our military personnel work and following: The most urgent unmet na- military forces and their contributions housing in which they and their fami- tional security threat to the United to regional peace and security reassure lies live. States today is the danger that weap- our allies and deter adversaries. We added more than $230 million to ons of mass destruction or weapons-us- U.S. forces have excelled in every increase the basic allowance for hous- able materiel in Russia could be stolen mission assigned to them, including ing and eliminate all out-of-pocket and sold to terrorists or hostile nation the 1999 NATO air campaign over housing costs for service members and states and used against American Kosovo and ongoing enforcement of the their families by the year 2003, which is troops abroad or citizens at home. no-fly zones over Iraq, humanitarian 2 years earlier than the Department of With this funding, the committee has operations from Central America to Af- Defense plan. placed itself firmly on record in sup- rica, and peacekeeping operations from Finally, the bill includes a set of pro- port of the continuing effort to reduce the Balkans to East Timor. visions offered by 18 members of the the threats posed by offensive nuclear The U.S. armed forces remain the committee, led by Senators LANDRIEU, weapons, their delivery systems, and standard against which all militaries ALLARD, CLELAND, and NELSON, to en- related material. are measured. Our armed forces are sure overseas voters and absent mili- Another priority of the committee without peer today, and this bill will tary voters have a meaningful oppor- was to sustain the readiness of the U.S. help ensure they remain so for the fore- tunity to exercise their voting rights military. Toward that end, we added seeable future. At his confirmation as citizens of the United States. approximately $1 billion to the budget hearing before the Armed Services Another top priority of our com- request to fund critical priorities of the Committee last week, Gen. Richard mittee was to improve the ability of military services. These additions in- Myers, the next Chairman of the Joint the United States and U.S. forces to cluded the following: Almost $250 mil- Chiefs of Staff, testified that we have deal effectively with nontraditional lion to improve the readiness of Army military forces and capability that we threats, including terrorism, unconven- aviation, including additional Black need to respond to the terrorist attack tional means of delivering weapons of Hawk helicopters, upgrades to Apache on the World Trade Center and the mass destruction, and the proliferation helicopters, and additional TH–67 Pentagon. of nuclear, biological, and chemical training helicopters. We added $125 million for upgrades to We identified five priorities to guide weapons. The Emerging Threats Sub- the B–2 and B–52 bombers and an addi- our consideration of the bill: Con- committee, under the leadership of tional $100 million to maintain B–1 tinuing the improvements in the com- Senator MARY LANDRIEU and Senator bombers to ensure we will continue to pensation and quality of life of the men PAT ROBERTS, took the lead in this ef- have a ready, capable bomber fleet. and women of the armed forces and fort. We added more than $120 million to Our committee added funds to the their families; improving the capa- upgrade engines and reduce mainte- bility of the armed forces to meet non- budget request to help address non- nance costs for the F–15 and F–16 air- traditional threats, including ter- traditional threats. First, the bill adds craft, and we added almost $100 million rorism and unconventional means of funds for a combating terrorism initia- for the maintenance of surface ships delivery of weapons of mass destruc- tive to improve the ability of U.S. and Navy and Marine Corps equipment. tion; sustaining the readiness of the forces to deter and defend against ter- The committee also added money to military services to carry out their as- rorism, including almost $100 million increase full-time manning in the signed missions; encouraging the trans- for research by the Department of De- Army National Guard, to upgrade the formation of the military services to fense and the Department of Energy to Navy’s electronic warfare aircraft, to lighter, more lethal, and more capable detect and identify chemical and bio- improve the operational safety and ca- forces; and improving the efficiency of logical weapons in advance of their use, pabilities of the test ranges and space Department of Defense programs and and more than $75 million to upgrade launch facilities, and to continue mod- operations. Army installations and make them less ernizing the training aircraft used by Let me briefly address each of those vulnerable to terrorism. the Air Force and Navy for the train- areas. I am particularly pleased that we ing of new pilots. One of our top priorities was to con- were able to add $13 million to the Again, I emphasize these additions to tinue the improvements in the com- budget for standoff explosive detection the President’s budget request were all pensation and quality of life for our research and development, a proof-of- made before the events of September men and women in uniform. In this re- concept system for predetonation of ex- 11. There will be additional ones I will gard, we approved a pay raise of at plosive devices and hand held explosive list in a moment, but we will be receiv- least 5 percent for all military per- detectors for the U.S. Navy, all ful- ing in the next few days an amended sonnel and targeted pay raises of be- filling the requirements which were so budget request from the administra- tween 6 and 10 percent for enlisted per- urgently identified in the aftermath of tion, or a supplemental budget request, sonnel and junior officers, and we pro- the October 2000 attack on the U.S.S. to add additional funds to those I am vided $17.9 billion requested by the De- Cole. outlining. partment to fully fund the Defense If we can develop that standoff explo- We do not have that request before us Health Program, including the signifi- sive detection, if we can come up with yet, so we are unable to respond to it. cant new benefits we authorized last the technology to do that, learning the Of course, it will be mainly an appro- year. lesson which we learned to our great priations request, but we also hope as The committee approved a number of expense, cost, and horror with the at- authorizers to have an opportunity to other important initiatives to improve tack on the U.S.S. Cole, we will make a take a look at that request in the days the quality of life for our military, and, very significant gain in the war against ahead. in particular, the bill before us would terrorism. The committee also gave priority to authorize $30 million to improve reten- The bill would authorize the full $400 continued support for transformation tion efforts by allowing personnel with million requested by the administra- of the U.S. military forces. To do this, critical skills to transfer up to 18 tion for cooperative threat reduction we added more than $800 million to the months of unused benefits under the programs, to continue destroying and budget request to advance the trans- Montgomery GI bill to family members dismantling nuclear warheads and mis- formation efforts of the military to a in return for a commitment to serve 4 siles in the former Soviet Union, and lighter, more lethal, and a more flexi- additional years. we added more than $50 million to De- ble force. These additions included the

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9567 following: Nearly $400 million to sup- neering and manufacturing develop- There are a number of these issues port Navy transformation, including ment phase of the JSF Program. that were in this bill. One had to do more than $300 million to support con- The bill before us authorizes a new with the question of national missile version of four excess Trident missile round of base alignments and closures defense. We were able, by one vote in submarines to carry Tomahawk cruise for the year 2003, and that will produce committee, to put into the original bill missiles; more than $200 million to in- a significant increase in the Depart- which came before this Senate a provi- crease the defense science and tech- ment of Defense’s savings that it has sion which would have required Presi- nology budget, including substantial achieved the four previous rounds. The dential certification in the event that increases for advanced materials and civilian and military leadership of the it was decided or determined there manufacturing technologies, nanotech- Department of Defense has told us for were activities that were going to be nologies, and cutting-edge communica- years, through two administrations, funded that were in conflict with the tion technologies. We added almost that the Department of Defense has ex- arms reduction and arms control trea- $200 million for Army transformation cess infrastructure and needs a new ty that we entered into. It was a mat- programs, including full funding for all round of base closings to free up funds ter of major seriousness, regardless of of the objective force priorities on the for higher priority defense needs and to what position people took on that Army’s list of unfunded requirements support the successful transformation issue, to just about every Member of in fiscal year 2002, and more than $80 of our military and implementation of this body. Rather than to have the ef- million to fund continued efforts to de- the Quadrennial Defense Review. fort made to resolve that issue now, we velop and field unmanned vehicles. Senator MCCAIN and I have been decided we would withhold those provi- I want to give special credit to our fighting for a new BRAC, as we call it, sions. That is why a few days ago I ranking member, Senator WARNER. He for more than 4 years. I am glad the withdrew those provisions from this has been an active advocate, for as long committee endorsed by a 17–8 vote the bill and introduced under rule XIV a as I can remember, for putting addi- proposal the administration sent to us. separate bill which contained those tional funds in for our unmanned aerial Now we are asking the Department of provisions. vehicles and other unmanned vehicles. Defense whether or not, in light of re- Under that rule, today, that separate He has had a great deal of foresight in cent circumstances, there is any bill which contains these provisions focusing on the importance of doing change in their position that they want relative to national missile defense is that, and I have supported those ef- the tool of reducing excess infrastruc- on the calendar of the Senate. It is forts, but the credit for the leadership ture in order to make savings so they available for the majority leader to really belongs to Senator WARNER. The can apply those savings in the years call up, should he choose to do so, for Nation is in his debt for that and so ahead to other vital needs of the De- debate by this body. If and when—and I many other actions on his part. In fu- fense Department. That request has emphasize the ‘‘if,’’ not just the ture years and future decades, we will been sent to the Department of Defense ‘‘when’’—the administration deter- see the payoff for these kinds of invest- to see what their current position is in mines that an activity for which it is ments now in these unmanned vehicles. light of the events of September 11. We using funds from this bill conflicts The money that is needed to fund will have discussions with our col- with the arms control treaty, the ABM these priorities was obtained through leagues relative to this matter in the Treaty, it would then be an option for management and other efficiencies hours and days ahead, and with the De- the majority leader to call up the bill identified by the committee. In par- fense Department, because we do want that is now on the calendar which ticular, we determined the Department to make sure the Defense Department would then provide the opportunity for should be able to achieve significant position is still the same and that is us to debate whether or not we wanted savings through improved management still a tool they consider to be essen- to fund such activity. That was the of its purchases of services, including— tial for them in waging a war effi- way in which we preserved that option, I emphasize this—the increased use of ciently and in having resources needed delayed that debate that preserved the performance-based service contracting, to wage future efforts, such as the long rights of people who feel strongly competition for orders under service effort that is going to be needed in the about that issue, including myself, to contract, program review spending war against terrorism. have such a debate should it be appro- analyses, and other best practices com- In short, we believe this is a strong priate to do so. monly used in the commercial sector. and balanced bill that fully funds the To summarize what we have done rel- In fact, the final report on an OMB amount requested by the administra- ative to those provisions, relative to pilot program 3 years ago concluded tion for national defense, and it goes a national missile defense, the specific Federal agencies should be able to save long way to meet the urgent needs of provisions relative to activities for as much as 15 to 30 percent on their our military. In light of recent events, which funds might be used from this service contracts through the use of we are obviously going to do more, as bill in conflict with the ABM Treaty, performance-based service contracting we have with the enactment of $40 bil- the provision which is now on a sepa- alone. There has not been much done in lion emergency supplemental appro- rate bill would not have prohibited that area. There is a lot we can do, and priations bill last week. On top of that, such activities but, rather, would have we will harvest significant savings in the next few days we will be receiv- deferred a congressional decision on when we do so, as this bill provides. ing a request for additional funds given funding them until we had a deter- We are also able to achieve effi- the circumstances that have unfolded. mination from the administration as to ciencies by identifying programs in As important as the funding that we whether the activities would be in con- which the Department requested more provide is, there is something else that flict with the treaty. money than it could wisely spend in is critically important. That is the For some Members, that is very im- fiscal year 2002. We approved a reduc- unity of purpose that we show as we portant information. As the author of tion of $592 million to the V–22 tilt enter into the current struggle. Debate that provision, I believe very strongly rotor Osprey aircraft program because on a bill such as this is an inherent that we have a responsibility to deter- of continuing concerns about the pro- part of our democracy. While our mine whether or not a testing activity gram and the recommendation of the democratic institutions are stronger or funding conflicts with an arms con- V–22 review panel that production than any terrorist attack, in one re- trol agreement. Some might vote to should be kept to a minimum sus- gard we operate differently in times of approve the funding without regard to taining rate in order to minimize the national emergency. We set aside those that arms control agreement. Others number of aircraft requiring retrofit differences that we cannot bridge. We would want additional information and after these programs have been ad- try to resolve differences that we pre- the nature of the conflict between the dressed. viously were unable to resolve. But in treaty and the requested activity. Similarly, we approved a net reduc- cases of other differences, we put them Some Members would want to know tion of about $250 million to the Joint off for another day, where the effort or the significance of the testing effort, to Strike Fighter Program because of the attempt to resolve them now would weigh whether or not the value of the likely delay of the launch of the engi- create dissent where we need unity. test which is in conflict with that arms

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I thank you for that. position relative to the issue of wheth- Obviously, amendments are appro- The PRESIDING OFFICER. The Sen- er or not we should proceed with such priate. They always are appropriate. ator from Virginia. activities in conflict with the treaty, But there are some amendments cur- Mr. WARNER. Mr. President, I thank that was important information for all rently being filed that really cannot be my colleague. The morning of Sep- Members to have. We don’t have that appropriately considered on this bill. It tember 11 was a moving moment in the information now. The Department has is going to require all the efforts of all life of every American. Senator LEVIN been unable to tell us whether or not of us to focus on the material in this and I, within a very short time after any of the activities which funds are bill and the subject matter of this bill learning of the attacks both in New being asked for in this bill, and to be if we are going to get a bill passed as it York and in Virginia, and of course the authorized in the bill, are in conflict should be passed urgently; if not today, devastation that occurred in Pennsyl- with the Anti-Ballistic Missile Treaty. and that is unlikely—by Monday or vania and the peripheral tragic con- They have been unable to tell us. The Tuesday. sequences that came upon the States of thought behind the language was that (Mr. CORZINE assumed the chair.) New Jersey, Connecticut, Maryland if and when the time comes when they Mr. WARNER. Today may be pos- and the District of Columbia, in close do determine there is such a conflict, sible. proximity to these attacks—I called at that time Congress should have an Mr. LEVIN. Today may be possible, I my friend and I said I think you and I opportunity to vote. am told by my good friend, Senator should show our support at this point Again, I emphasize that language, WARNER. We should not even eliminate in time for the men and women of the subject of much debate and much dis- that possibility. But if we all cooperate Armed Forces and for the President sent, has now been withdrawn from in the kind of spirit which we have in and for the Secretary of Defense. this bill by myself and put into a sepa- bringing this bill to the committee and I made a call to the Pentagon which rate bill which is now on the Senate trying to avoid amendments which are resulted in the Secretary of Defense calendar. This was a very difficult deci- not related to the subject matter of saying, ‘‘Your participation this day of sion, I tell my good friend from New this bill, we have a chance of passing the attack would be welcome and help- Jersey. this bill as it should be passed, with ful.’’ The two of us met and went to the While the Senator is presiding, I great urgency and with great unity and Department of Defense. Just a few must say how extraordinarily moving with one voice. hours after that attack, Senator LEVIN, he and Senator TORRICELLI were in New Senator WARNER and I have spent a the Secretary of Defense, and I stood Jersey yesterday, as many Senators lot of time in the last few days working right there, about 100 yards or so from visited New Jersey after our visit to to do just that—to be able to bring a where that plane crashed into that edi- ground zero in New York City. It bill to the floor where we can say to- fice, the Pentagon, which represents, helped Members get a full picture by gether that we, the members of the to our men and women in uniform, the our visit to New Jersey with the pres- committee, all support this bill now. epicenter of the command and control entations which were made to us by We hope other Members of the Senate of their destiny. Senator CORZINE, Senator TORRICELLI, will join in this debate, offer amend- I thank my colleague for joining me by the Governor of New Jersey, and by ments as they must, which relate to that morning in going to the Depart- so many mayors who helped to round the subject matter, but help us to pass ment. I think every time I have had out exactly what the effect was of that this bill with the urgency which is re- the opportunity to address the Senate attack upon us on September 11. I quired and the unity which, God since that period, I begin by saying know I speak for all who were present knows, is appropriated in cir- that all of us in the Senate have in our yesterday in New Jersey when our Pre- cumstances such as this. minds, in our prayers, the victims who siding Officer, Senator CORZINE, and I want to say one other thing to my were lost in these attacks and their Senator TORRICELLI made such an ef- friend from Virginia before I yield; that families, no matter where they are, fective presentation. Many of us were is, how grateful this Nation is to him around the nation and around the not aware that perhaps half of the peo- for his leadership in bringing to our at- world. Yes, we have them in our pray- ple killed in that terrorist attack were tention the losses, the personal losses ers. But, those prayers are combined residents of New Jersey. While New and the tragedies that were involved in with prayers for literally thousands of York City was ground zero, and we had the attack on the Pentagon. I was able men and women: firefighters, police- severe losses at the Pentagon, New Jer- to personally join with Senator WAR- men, rescue squads, hospital and Red sey and also many from Connecticut NER on a number of these visits that he Cross workers, construction workers— and I believe from as many as 40 or 50 has made. I know how many hours he that realm of individuals that shun other countries were attacked by those has spent with, not only the families of recognition but who selflessly re- terrorists. There were many, many those who have lost loved ones at the sponded to those sites, first in New countries symbolized on that attack on Pentagon but with the leadership at York and then in a fraction of time in the World Trade Center when citizens the Pentagon focusing on how to re- Virginia, to try to help at those sites from so many countries were killed in store the Pentagon, to let the terror- where the attacks were inflicted. that attack. I think Britain lost lit- ists know we are going to restore New That band of brothers and sisters, as erally hundreds of its citizens. York, we are going to restore the Pen- one fireman said to me, whether they What was so dramatically presented tagon, and we are going to restore any are in Virginia or New York or Penn- to us yesterday was the fact that New other places they were able to damage. sylvania, or from any of the many Jersey’s families are suffering in as But I thank Senator WARNER because States and localities that sent help, great a number as any other place, in- he has played the leadership role in represent the finest traditions of this cluding New York, as a result of that bringing to the attention of the Nation great Nation about how we respond and attack. I just wanted to thank Senator that the losses in New York are the help each other in time of need, all of CORZINE for his role in bringing us to largest losses numerically, assuredly, us. New Jersey, along with Senator but that we had almost 200 people be- Now the Nation is arm in arm united TORRICELLI. It makes a difference. tween the people working in the Pen- behind our President, moving for- Just as important as it is that we tagon and the people on the airplane ward—steadily, carefully, thought- stand together in these days, coming that hit the Pentagon, lost in Virginia. fully—to address the needs of the Na- together where we can on a bill which I know how his heart goes out to those tion and the means by which we, seek- is so important to the defense of this families. ing justice, will bring about a redress

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9569 of these criminal acts, perhaps with our President and to serve our citizens. bridged these differences in large meas- the use of force, which is likely to be It is vital that we very carefully—as we ure. We agree at this time, for reasons necessary. Of course, last night, as our have done—and expeditiously address I have stated, that we feel that, in the President spoke, I and others had in this bill and, hopefully, act on it. The aftermath of these attacks, the jus- mind the men and women in the uni- leadership has been tremendously sup- tification for moving forward with new form of the United States Armed portive of Senator LEVIN, myself, and ways to prepare this Nation against a Forces and their families who will bear other members of the committee limited attack of missiles is enhanced the brunt if and when that force is throughout the course of the past few by what we saw on the 11th. It brought used. days as we have worked to bridge our to us the realization that, yes, while Mr. President, I thank my chairman. differences and bring this bill to the there was some thought it was remote We have worked together in this cham- floor. that a missile could attack this Nation ber for 23 years and now we face an- I hope we can pass this bill, for this someday, now we cannot ignore or other challenge. We are fortunate to bill will communicate a message to our eliminate any part of that full spec- have on our committee men and citizens and to the world that the U.S. trum of threats that may be directed women who are absolutely committed resolves to do whatever is necessary to towards this country. to do what is necessary and proper to protect our homeland and our forces So, as never before, we are strongly help this country in this hour of chal- abroad, to work with our allies for committed to support our President. lenge and need. their mutual protection, and to address In my own many years on this com- I think it is appropriate, following the full spectrum of threats that con- mittee, I have worked as ranking mem- the President’s magnificent address front our Nation, the entire Western ber with Chairman Nunn, Chairman last night—and I know of no President World, and, indeed, all of civilization. Stennis, and others. There were rare in the history of the United States of As we have all heard and felt, this was times when the chairman and the rank- America who has ever been faced with not just an attack on America, but an ing member of the Armed Services a more challenging, a more complex attack on the world and the funda- Committee recognized, for whatever framework of international security mental principles of civilization. reason, that they could no longer have issues, economic issues, and threats to All of us in this Chamber have recog- bipartisanship. I am reminded of two the United States than has our Presi- nized the fact that this is an increas- instances between Senator Nunn and dent, President Bush—that we now ingly dangerous world. There will be a myself. One was when we had a dif- take up and swiftly pass this Defense time to look back on events and how ference of view on the Tower nomina- Authorization Bill for Fiscal Year 2002 well we were prepared, and how we tion, and the other was the Gulf War that provides the President the re- were not prepared, to deal with this resolution giving President George H. sources he has asked for and that our crisis. But those debates are yet to W. Bush the authority to utilize force armed forces need. come. Now is the time for unity. We in 1991. The President not only rose to the have it here today in the Senate. History reflects the outcome of those occasion last night, but I think, if I I addressed my caucus this morning two events. But I remember that Sen- may say, he exceeded in every way our outlining what Senator LEVIN and I ator Nunn and I shook hands. We rec- hopes and prayers that he would take have agreed upon. He addressed his ognized we had to go our different command—as he did—and deliver a caucus. We bridged the one remaining ways, and we did it. In the aftermath of very clear message. difference early this morning between both events, we rejoined as the chair- Today, as the Senate turns to the the hours of 8 and 9. This managers’ man and ranking of the committee to consideration of our national defense amendment, which we have just adopt- work together. Senator LEVIN and I authorization bill for the year 2002, in ed by unanimous consent, in my judg- have likewise done so. this time of national emergency, it is ment, satisfactorily addresses the re- There came a point in the course of time we provide our President and the maining differences we had. our deliberations—it was actually last men and women of the Armed Forces, When the authorization bill was re- weekend following a joint appearance— and the thousands of civilians who sup- ported out by the Armed Services Com- when we were on a national television port those men and women, the re- mittee almost 2 weeks ago, there was a show that I told him I felt I had to go quirements that they have for the com- division among its members. That was my separate way and introduce legisla- ing fiscal year as best we can judge understandable because our side—the tion which reflected very clearly what them. Republican side—was unified behind we Republicans perceived as the essen- The chairman indicated that the what we saw were clear and justified tials that the Commander in Chief, the President would be forthcoming any requests by our President. The bill, at President, desired and needed. This in- day now with an amendment to the that time, contained certain provisions cluded preserving his ability to con- 2002 bill. Our committee and other which we believed might impede his tinue negotiations regarding the ABM committees of the Senate will imme- ability under the Constitution as the Treaty and to prepare for a future, lim- diately turn to that, upon receipt. It is chief architect of foreign policy to con- ited missile attack. Hopefully, God will my expectation that it can be incor- tinue and, hopefully, conclude certain never let that happen. Regardless, we porated in this legislation during the negotiations he has undertaken with must make preparations. course of the conference between the Russia with regard to the Anti-Bal- For a while we went our separate House and the Senate. listic Missile Treaty. ways. But then in due course, Senator The events of September 11 have for- Further, we thought the dollar LEVIN introduced this bill we are act- ever changed this world, and forever amounts which our President requested ing on today. I say to my colleagues changed the United States. The one of the Congress for the purpose of initi- that I believe, along with the man- change that is clear is that we are a ating new research, development and agers’ amendment, this bill satisfies stronger nation today. That inherent testing with regard to our Nation’s ab- the concerns we had with the bill origi- strength emerged not a second after solute necessity to prepare ourselves nally reported to the Senate by the the infliction of these grave attacks. today, and most especially for future committee, with regards to the ABM The 11th, when we saw the smoke bil- generations, against the threat of a Treaty and equitable funding for bal- lowing from our homeland, is a day for- limited attack on us, were inconsistent listic missile defense. After careful ever etched into everyone’s memory. with what I believe are the President’s consultation with the Secretary of De- The initial shock was followed by a justifiable requests. For that reason, fense, the Deputy Secretary, and many surging sense of new purpose and we were not able to report out, as is others—consultations I have had at strength and, a word that all of us un- the tradition of our committee, a bi- length every day this past week—I can derstand—‘‘patriotism’’—love of coun- partisan bill. represent to our chairman and to all try for the freedoms that we have. But in the aftermath of the tragic members that the administration now Now a responsibility and a challenge events of September 11, the distin- supports this bill as it is drawn. fall upon the Congress—a coequal guished chairman and I, working with Proceeding on, we have, as managers branch our Government—to work with our Members on both sides, have now of this bill, introduced legislation

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9570 CONGRESSIONAL RECORD — SENATE September 21, 2001 which we believe should meet the ex- modest role in that. I assure you, I their views about this bill and their ac- pectations of the Senate and that the could not have achieved those initia- tive participation on the committee. Senate, hopefully, will act swiftly upon tives as chairman without his support Again, I thank our chairman. I thank this bill. I did not realize we would and that of the other members of the all members of our committee and our have the opportunity to consider this committee. magnificent staff, on both sides. We bill today, and I thank our leaders for The President of the United States have produced a commendable piece of recognizing the importance and timeli- has committed significant resources to legislation which is deserving of ness of this important legislation. deal with the types of terrorists prompt consideration and enactment I hope Members, having heard the de- threats we witnessed a week ago. For by the Senate. liberations in our caucuses this morn- fiscal year 2002, President Bush re- I yield the floor. ing regarding this bill, know those quested $5.6 billion for the Department The PRESIDING OFFICER. The Sen- areas in which they are interested. If of Defense for activities to combat ter- ator from Colorado. they have amendments, they should rorism. This is a $1 billion increase Mr. ALLARD. Mr. President, I thank bring them to the floor. Hopefully they over last year’s level of funding. Again, both the chairman of the Armed Serv- will be germane to the provisions of the chairman added another $215 mil- ices Committee and the ranking Re- this bill and respectful of the spirit of lion, for which I commend him. With publican, Senator WARNER, for their discretion our leaders have asked for so the committee’s support, we clearly diligent efforts in reaching this com- that we can move expeditiously on this have a bill that addresses homeland de- promise. It means a lot to me, to the bill. fense, and supports this highest pri- State of Colorado, and particularly to I urge my colleagues to join us in ority concern our President brought to the Nation. When you consider the sending our President and our fellow the attention of the Nation in the fall events that happened just 10 days ago, citizens in the world a message of this of 1999 at the Citadel. those tragic events, it is imperative resolve by passing this bill. I remember Missile defense, in my judgment, is a that we get a Defense authorization also Governor Bush, when he was a critical component of that homeland bill to move forward. candidate, reminded us almost pro- defense. The President stands by his vi- The way the issue of missile defense phetically in the Citadel in the fall of sion to prepare America and begin now started out in the subcommittee on 1999 that: ‘‘The protection of America to look at new options by which to pre- which I am the ranking Republican, it itself will assume a high priority in a pare us to hopefully deter and then de- was a rocky road. The chairman of that new century. Once a strategic after- fend against a limited attack. This is strategic subcommittee, Senator JACK thought, homeland defense has become clearly the time to stand by our Presi- REED of Rhode Island, is a tremendous an urgent duty.’’ In that same Citadel dent. chairman. I like working with him. speech, he called for ‘‘anti-ballistic I remember when the Director of the There are a couple of committees on missile systems, both theater and na- Central Intelligence Agency, George which I serve with him, where he is the tional, to guard against attack and Tenet, came before our committee. He chairman and I am the head Repub- blackmail.’’ He also called for has repeatedly warned us that ‘‘Amer- lican. Our working relationship I de- strengthening our intelligence commu- ica’s superpower status does not be- scribe as superb. He listens, tries to nity and developing the technologies to stow invulnerability upon us but in work with the minority side. I try and detect chemical, biological, and nu- fact makes us a target for the angry do everything I can to work with him. clear weapons threatening our shores. and disaffected of the world.’’ The threat, as he perceived it then, re- That was in his testimony. We as a We have a very good relationship. quired greater emphasis on homeland Nation have grown accustomed to It was with a heavy heart, when re- defense. being safe within our borders. While porting out of that subcommittee our Our committee, when I was privi- many of us recognized the growing vul- portion of the armed services bill, we leged to be chairman several years ago, nerability, this vicious attack on our had it reported out in a divided mode. with the help of my now chairman, homeland removed all doubts about the We had a strict partisan vote, Repub- Senator LEVIN, established a sub- full spectrum of the capabilities, mili- licans voting against it, Democrats committee entitled ‘‘Emerging tary and otherwise, that the terrorists were for it, the chairman. It was over Threats.’’ The responsibility of that can use to inflict damage upon us. the issue of missile defense. Then the subcommittee was to provide the full We have heard incredible stories of issue went to the full Armed Services committee with the wide spectrum of courage and heroism amidst the trag- Committee and that debate continued. issues as they saw it with regard to edy of the past week and a half. Our I know when it got to that point in known, anticipated, and unanticipated Nation today, as the President said the debate, people began to lock in threats. This subcommittee examines last night, remains in danger. All their positions, and we would still be whether the current elements of the American citizens should understand tied up today if it would not have been national defense we have in place need that. I remember so clearly in my past for the tremendous leadership of our to be strengthened or, indeed, new ini- experience with the military, there was chairman of the Armed Services Com- tiatives taken to strengthen, to hope- occasionally that sign—the all clear, mittee, Senator LEVIN, as well as the fully deter, and, if necessary, to re- sound the all clear bell aboard ships. ranking Republican working together spond to these threats. This sub- And at my airbase in Korea, the cold on this most important issue. committee has done a lot of valuable winter of 1951–1952: The all clear siren There are many other important work. Senator ROBERTS was chairman; had blown—We could rest easy. issues in this bill. I am particularly now Senator LANDRIEU is chairman. Today, that siren has not blown. I pleased that we have moved forward They have continued to provide very don’t know, nor does anyone else know, with missile defense. I am pleased the helpful assistance to the full com- when that siren can be blown across restrictive language in missile defense mittee, and the full committee has this Nation. We are in danger at this was taken out and the funding is there acted in many ways to protect our moment. We remain in danger. But the with the flexibility to either use for country from the growing threat of ter- world should know that we are a much missile defense or for terrorism. The rorism. stronger Nation, and we are prepared, President, in light of the recent When the bill was adopted by the with the men and women of the Armed changes in the last 10 days, needed that committee this year—and I commend Forces today and the other many re- flexibility. I, for one, was more than the chairman—the chairman actually, sources that we have, to deter and willing to give it to him. with his initiative, added another $200 hopefully not let another attack hit I appreciate the efforts in the area of million towards antiterrorist activi- this Nation. defense environmental management of ties. As he mentioned earlier, part of I hope those Members who have my chairman, what has been in the that increase was expanding the scope amendments will come to the floor. I committee; in particular, the support of research and development of un- see other Members seeking recogni- in the bill for closure sites which would manned military vehicles. I thank the tion. I hope our members of the com- benefit the sites’ surrounding commu- chairman for his recognition of my mittee will likewise come and express nities and the Nation as a whole. This

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9571 would provide a clean and safe environ- The Senator from Oklahoma is recog- say, well, we do want the depots to ment at the sites of former defense nu- nized. have the capability of maintaining our clear weapons facilities. It would free Mr. INHOFE. Mr. President, I have vehicles. up scarce resources as these sites are been listening intently to our chair- Take, for example, aircraft, the air cleaned up and closed down to help ad- man, our ranking member, as well as logistics centers; there are three. There vance environmental cleanup and res- the Senator from Colorado. I find my- used to be five; now there are three. toration at other environmental man- self in agreement with virtually every- They are operating with equipment put agement sites. thing that has been said. I think it is in place back during World War II. It is In my subcommittee, we had basi- important for us to realize something outdated. We still have on the books a cally two functions. that really has not been said, which is law that says 50 percent of the core We have the armed services function, that on Friday, September 7, we met— maintenance has to be done in a public and then also we have the Energy De- the Senate Armed Services Committee. depot. So we have been operating on partment function. So we deal with We passed out of the Armed Services waivers now for several years. The many of the nuclear programs, as well Committee our Defense authorization waivers are put in there by the Sec- as the bombing programs and missile bill. Four days later, we find ourselves retary of the Air Force, in this case, or defense and defense intelligence. So I at war. So there are some things that the Secretaries. think this was important to the coun- have changed; the dynamics have This power should be changed so that try as well as the State of Colorado. changed—those things which we know there is a new accountability. We have I also appreciate the efforts for the are urgent to our Nation’s defense and gone waiver after waiver after waiver, National Nuclear Security Administra- to our national security. They weren’t with no hope that in the following year tion. The National Nuclear Security there back on September 7 when we we would be able to do it without a na- Administration appears to be making passed our authorization bill. tional security waiver. I will suggest it important strides. There are still enor- I have around 14 amendments at the be written into the bill that we give mous challenges ahead, but I think the desk. It is not my intention to offer the President of the United States the NNSA seems to be moving in the right any of them now or call for a resolu- authority to waive the performance of direction. In intelligence matters, I tion to those. But I will be doing it depot level maintenance instead of the was encouraged by the support for un- when we get into the bill on Monday. Secretary of the Air Force. If the manned aerial vehicles, sensor capa- One is to give the President the au- President signs the waiver, he must de- bilities, and commercial satellite im- thority to waive sanctions against al- liver a report that lists why the waiver agery. I am still concerned, however, lies in our war on global terrorism. is necessary and what will be done to that other critical components of the This was something we didn’t really prevent the waiver from being required intelligence architecture did not re- anticipate on September 7. It was just in the future. ceive similar support. a matter of weeks ago that we passed The President, under the amendment Processing and dissemination of in- sanctions against both India and Paki- I will be offering, may delegate this to telligence products remains a weakness stan, which receive both military and another party. The President has that in the overall system. Current pro- economic aid. There are some condi- responsibility. This is what is missing grams in intelligence are underfunded tions under which the President can because right now it goes from admin- and would greatly benefit from in- waive these sanctions, but they are not istration to administration without creased support. Hopefully, we have too well defined. They put him in a po- any interest in really resolving the taken care of much of that with some sition, when negotiating with coun- of the funding approved by the Senate problem or saying what we are doing to tries, where he doesn’t have that au- in the past week. increase the capability of our public I was pleased with the support for thority firmly planted within his pow- depots in order to make the mainte- greater Department of Defense involve- ers to do it. So I am going to propose nance that is prescribed by law. ment in the development of reusable in an amendment, No. 1593, that we There are several others. I want to launch vehicles. However, I should note provide for notification in a 30-day pe- say that even though I am hoping that that I was disappointed that the com- riod of time to Congress. But the Presi- the amendment I have filed—I have mittee had opted not to implement any dent can say, if you do this, we are two, 1597 and 1596, that would attach to of the reforms of the Space Commis- going to lift sanctions. the Defense authorization bill an en- sion. This is an area of particular in- You might argue that there are vehi- ergy policy for America. Let me be terest to me and to another former cles in place to lift sanctions right critical not of Democrats, not of Re- member of the subcommittee, Senator now. But if it happens that we are in publicans, but of both, going all the recess at that time, if it happens that BOB SMITH. way back to the early eighties because There was a lot of hard work put into there is some ambiguity as to whether then, when President Reagan was the Space Commission report. So I was or not Congress would go along with it, President of the United States, we very disappointed that there wasn’t this way he can say, yes, we are going tried to get him to have an energy pol- more consideration taken on those rec- to lift these sanctions or waive these icy. In fact, Don Hodel was Secretary ommendations. sanctions. I don’t think there will be a of the Interior at that time, or in that I was also a member of another com- lot of opposition to this. It is some- timeframe. mission, the NRO Commission. Many of thing that would give power to the Mr. President, we had this dog and the provisions we recommended in our President, who last night, I believe, pony show where we went all around commission were adopted in the Intel- gave the defining speech of his career. the United States—to the consumption ligence Committee and then subse- Second, it deals with something more States, not the production States— quently adopted in my subcommittee technical, but I think we need to look demonstrating clearly that the out- and the full Armed Services Com- at it differently now, and that is depot come of every war, back to and includ- mittee. maintenance. Depot maintenance re- ing the First World War, has been de- So I think we have set the stage for fers to the type of maintenance of our termined by who has control of the en- us to move forward at this point in military fighting equipment that has ergy. That is still true today. time. I am supportive of the bill and to be done in a publicly owned depot. Nobody believed it then. Since then am pleased the chairman and the rank- The idea behind it, which has always we have gone through the Persian Gulf ing member could work out our dif- been our policy, was we should have war. We realize we have enemies in the ferences and move forward. I look for- the capability of doing core mainte- Middle East, and yet to a great extent ward to the debate, and I thank the nance—maintenance that would help we are reliant on the Middle East for ranking Republican for his tremendous us in times of war—so that we don’t our ability to fight a war. It is insane statement. take the risk of being held hostage by we should continue that policy. I yield the floor. a single supplier or contractor. So I know there are a lot of Members The PRESIDING OFFICER. The Sen- what I am going to be suggesting is to who are asking why it is an issue right ator from Colorado yields the floor. change our waiver policy. What we now. It is an issue now because this is Who seeks recognition? have done over the past several years is a readiness issue. I spent 5 years as

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9572 CONGRESSIONAL RECORD — SENATE September 21, 2001 chairman of the Readiness Sub- What is most startling is that we de- Committee actions on the fiscal year committee. It is now chaired by my pend on nations in the Middle East, 2002 Defense authorization bill. I also distinguished colleague from Hawaii, such as Iraq, to supply our oil needs. commend the chairman, Mr. LEVIN, and Senator AKAKA, and I am his ranking The Middle East supplies about 25 per- ranking member, Mr. WARNER, for member. cent of our oil needs. What shocks an their part in leading the committee, as I can tell you right now that we are awful lot of people is that of that well as guiding the committee, in their not ready in many areas to fight the amount, we are importing 862,000 bar- efforts to bring about a bill that will war we are looking at right now. One of rels a day from Iraq, a country we just give confidence to the people of our those areas is our dependency on for- defeated in a war 10 years ago, a coun- country. eign oil. try whose President made the state- My friend and partner, Senator Let me put up a chart. My amend- ment that: If we had waited 10 years to INHOFE, and I have worked closely to ment is not a partisan attack. I hope march into Kuwait, the Americans ensure that the Readiness Subcommit- my colleagues do not take it as such. I would not have come to their aid be- tee’s actions support the full commit- have been urging Democrats and Re- cause we would have the capability of tee’s five goals for this bill. As Chair- publicans to deal with this for years, lobbing a missile at them. That is the man LEVIN has described, these goals and they have refused to do it. Even dilemma in which we find ourselves are: One, to continue improvements in George Sr., coming from an oil patch, today. That is why I say this is a na- the quality of life; two, to sustain read- said: Yes, we have to have an energy tional defense issue. iness; three, to encourage trans- policy, the cornerstone of which would Iraq is the fastest growing source of formation; four, to improve the capa- be the maximum percentage of the en- United States oil imports. That is the bility of the Department of Defense to ergy we need to fight a war. same nation that we took military ac- meet nontraditional threats; and five, In the year 2000, 19.6 million barrels a tion against seven times last month, to increase the efficiency of Depart- day was used for the consumers of the same nation we know has links to ment of Defense operations. America. I guess what I am trying to bin Laden, who is the prime suspect in Our subcommittee worked together say is, our need for petroleum con- the horrible attacks in New York and to make contributions in all five areas, sumption has been going up for a long Washington, as well as the U.S.S. Cole and these actions are reflected in the time. From the year 2000 to 2001, it is and both Embassy bombings in East bill we present to you today. up to 19.7 million barrels of oil a day. Africa. In the area of improving quality of That is on the rise. This is a major national security life, the bill takes strong steps to im- The second chart shows our domestic problem. Energy will be critical if and prove the facilities in which our mili- oil production has sharply decreased when America engages in military ac- tary personnel work and the housing in over the last 10 years. We have pro- tion. which they and their families live. This duced less domestic oil since World Operating a modern war machine re- bill supports the $10.0 billion adminis- War II. In January of 1991, we produced quires a lot more oil than it used to. A tration request for military construc- 17.6 million barrels a day, and that has contemporary 17,500-soldier U.S. Army tion and family housing for fiscal year dropped down to 6 million barrels a day division uses twice as much oil daily 2002, which is a 10-percent increase over during this timeframe. than did an entire 200,000-soldier field fiscal year 2001 levels. This funding On chart No. 3, we can see that our army during World War II. will, according to Department of De- domestic oil production continues to The 450,000 barrels of petroleum prod- fense calculations, reduce the current decrease while our consumption con- ucts consumed daily by the 582,000 sol- 192-year replacement cycle for military tinues to increase. This was not true in diers in the Persian Gulf was four facilities to 101 years. While this is a the days when we started calling this times the daily amount used by the 2 significant improvement, this figure is to the public’s attention, but it is true million allied soldiers who liberated still nearly double the standard of ap- today. Europe from the Nazis. Today it takes proximately 57 years accepted in the That means we are getting oil from eight times as much oil to meet the private sector. foreign sources, and that is what this needs of each soldier as it did during The bill invests an additional $451 chart shows. It shows our imports in World War II, and the Department of million from savings and efficiencies that same year, January of 1991, were Defense accounts for nearly 80 percent achieved elsewhere in the budget to 4.6 million barrels a day, and they went of all U.S. Government energy use. make further improvements in mili- up to 8 million barrels a day. It has al- What I am saying is this is a very se- tary facilities, including projects to en- most doubled since that period of time. rious issue, and this is an issue that di- hance mission performance, build addi- Our dependence on foreign oil has rectly relates to our readiness, relates tional unaccompanied housing and dramatically increased since 1973 and is to our ability to defend America, and family housing, purchase key tracts of projected to increase in the future. relates to our ability to carry on the land at military installations to pre- Currently, 56.6 percent of U.S. oil needs war which we are in right now. It is vent future encroachment problems, are met by foreign sources. This pre- very important that we pass an energy and adequately fund legally binding sents a real energy and national secu- package. I don’t care if it is the House cleanup requirements at facilities rity problem. The military is equally wording, I don’t care if it is the word- closed by previous base closure rounds. dependent on foreign oil, as is the gen- ing that came out of the Senate Energy The bill also includes an increase of eral public. We must seek to dras- Committee, but it directly relates to $40.0 million for personal gear for mili- tically increase a domestically pro- our ability to fight a war. tary members to improve their safety duced, diverse energy supply, including It will be perfectly acceptable to me and comfort in the field. nuclear, coal, oil, gas, and renewables. if we make an arrangement whereby we The committee’s second theme was All these sources of energy are ad- agree to passing a comprehensive en- one that I and the whole committee dressed in the House bill, and I have ergy policy by the end of this year and care deeply about: sustaining the readi- one amendment that would merely not having it as a part of the Defense ness of our Armed Forces. adopt the language in the House bill authorization bill because it would This bill supports the funding in- and also the language in the bill from complicate things. It is very important creases contained in the administra- the Senate Energy Committee. we pass our Defense authorization bill tion’s budget request to more accu- Looking at our dependence on foreign and get it into conference and signed rately reflect the increased use of spare oil imports and how it has escalated, into law in a very short period of time. parts and the higher prices for spare we are today at 56 percent. We were at Thank you, Mr. President. I yield the parts associated with older weapons 36 percent when I talked about going floor. systems. In addition to the requested around the country alerting people to The PRESIDING OFFICER. Who increases, the bill provides almost $100 the seriousness of the problem. In the seeks recognition? million in additional funding for main- same progression, we are going to be up The Senator from Hawaii. tenance work on surface ships and to 66-percent dependent upon foreign Mr. AKAKA. Mr. President, I rise other Marine Corps and Navy equip- sources in our ability to fight a war. today to support the Armed Services ment. These funds will increase the

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9573 availability of equipment to units and closely to make further progress on The assistant legislative clerk pro- allow them to spend more time train- this in the future. The bill presented ceeded to call the roll. ing. here today takes important steps to Mrs. HUTCHISON. Mr. President, I The bill also supports the budget re- help us along the path. ask unanimous consent the order for quest for an increase of seven percent In the area of acquisition reform, the the quorum call be dispensed with. in real terms for facilities bill includes a number of provisions to The PRESIDING OFFICER. Without sustainment, restoration and mod- improve the acquisition of equipment objection, it is so ordered. ernization over fiscal year 2001 levels. I and services. One provision would re- Mrs. HUTCHISON. Mr. President, I believe that these additional funds will quire the Department to set up a man- was going to make a statement on an provide critical improvements to serv- agement structure, management infor- amendment I had filed. I did not know ice members’ places of work, allowing mation system, and program review the Senator from Georgia was about to for greater productivity and increased structure for the Department’s con- speak now. I will be happy to yield to job satisfaction. tracts for services. A related provision him. I also believe that further advances would establish savings goals for serv- Mr. CLELAND. Mr. President, I am in sustainment, restoration and equip- ices contracts and goals that would be glad to work with the distinguished ment maintenance are possible, in par- achieved through the application of Senator from Texas, and I yield the ticular by increasing attention to cor- best commercial practices, including floor. rosion prevention technologies and competition, performance-based con- The PRESIDING OFFICER. The Sen- products. As I know from the military tracting, and spending analyses. ator from Texas. facilities in Hawaii and elsewhere in Another provision strengthens re- Mrs. HUTCHISON. Mr. President, I the Pacific, maintaining military quirements for competition for mul- want to speak briefly on an amend- equipment and facilities in wet, salty, tiple-award contracts to purchase prod- ment I offered to the armed services and hot environments is a significant ucts and services, and would require bill. It relates to survivor benefits for challenge. I believe progress can be approval for sole-source awards. The people in the military who are killed in made on this critical issue that will bill also includes provisions enabling the line of duty. I had offered this both improve the service life of our DOD to shorten the acquisition cycle amendment with Senator INOUYE actu- property and the lives of our service for weapons systems by codifying a ally before September 11, the day that members who have to maintain this technological maturity requirement changed all of our lives, because I property. for key technologies to be incorporated thought there was an injustice in the This bill includes a $7.4 million in- into new systems. law as it deals with our military per- crease for anti-corrosion product test- Other provisions of the bill address sonnel; that is, if someone died in a ing and treatments, and directs the De- acquisition workforce issues and aim training accident or in the line of duty partment of Defense to coordinate to ensure that the defense components but had not yet retired, he or she would anti-corrosion research and testing have sufficient staff to manage require- not be entitled to any retirement bene- across the military services. The bill ments in a cost effective manner. I was fits, even the benefits already earned. also supports small increases in a lim- impressed by the work of the Acquisi- So if someone died after 10 years of ited number of ammunition programs tion 2005 Task Force’s recent report, service and had not had the oppor- to reduce training and war reserve ‘‘Shaping the Civilian Acquisition tunity to serve the full 20 years, the shortfalls and enhance troop safety. Work Force of the Future.’’ I intend to survivors would have no benefits. The committee’s third goal was en- confer with the Task Force to further I do not think that is the way to couraging transformation. This bill in- define the extent of the problem. As treat our military families, so I have cludes small increases to support nec- the chairman of the Senate Govern- been working on a piece of legislation essary training for the Army’s new In- mental Affairs Subcommittee on Inter- that would allow those people who die terim Brigade Combat Teams (IBCTs), national Security, Proliferation, and in the line of service while on active a critical step in the Army’s trans- Federal Services as well as the Senate duty to have the retirement benefits formation to a lighter, more rapidly- Armed Services Subcommittee on for their survivors—just what they deployable force. Other actions taken Readiness, the issues raised by the have already accumulated. It would by the Readiness Subcommittee to im- Task Force are of great interest to me. not give them the full 20 years, but it prove efficiency should also result in This bill also takes steps to improve would give them the 5 years they savings in both the current and future financial management within DOD. served or the 10 years they served. This budgets, savings that can be redirected Specifically, it includes a provision is something that now takes on an to the necessary process of trans- that would refocus comptroller and even bigger, more important role as we forming our armed forces. auditor resources on addressing sys- are dealing with the issues of Sep- The committee’s fourth priority was temic problems in DOD financial sys- tember 11 because, as we know, over 100 to improve the Department of De- tems rather than wasting resources on of our military personnel were in the fense’s capability to meet non-tradi- reviews of financial statements. An- Pentagon and were killed in the line of tional threats, the importance of which other provision codifies the Depart- service while on active duty. was made painfully and sorrowfully ment’s Senior Financial Management So I am offering this amendment, clear to us all last week. Many of my Oversight Council and financial feeder once again, to the armed services bill. colleagues will speak forcefully on this systems compliance process to provide I hope it will be accepted. I hope both issue, and I share their sentiments of top-level guidance in addressing finan- sides will agree that all those who were outrage and extreme sadness as we cial management problems. in the Pentagon at the time should cope with this horrendous attack. The Though the committee finished its have the survivor benefits to which committee looks forward to bringing work just days prior to last week’s ter- they are entitled by their years of serv- further recommendations to our col- rible attacks in New York and at the ice. leagues on this critical issue in the Pentagon, I believe that the bill we The interesting thing about this is near future. Until this occurs, the bill produced is just as relevant today as it that the very parts of the Pentagon before us will provide funding for the was then. This bill lays a firm founda- where this particular issue was being requested improvements to bases and tion to fortify our armed forces, takes worked is the part that was hit. installations that will increase the many important actions to sustain and I want to specifically mention a cou- safety of our forces at home and improve their readiness in both the ple of the people who were in the Pen- abroad. short- and the long-term, and rep- tagon and who are now missing who The fifth theme of our bill this year resents a product which I commend to were really pushing for my legislation was to improve the efficiency of DOD my colleagues. I urge your support for to go forward—not for themselves be- programs and operations. This is a goal this bill. cause they were already retired. But the committee shares with Secretary I suggest the absence of a quorum. they knew about the dangers of not of Defense Donald Rumsfeld, and we The PRESIDING OFFICER. The taking care of our people. They were in look forward to working with him clerk will call the roll. the Pentagon talking to the personnel

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9574 CONGRESSIONAL RECORD — SENATE September 21, 2001 about the necessity of this particular to them, their survivors will be enti- I have often quoted Admiral piece of legislation. COL Gary F. tled to the benefits of their retirement Yamamoto who planned and executed Smith, who was the Chief of Army Re- for whatever number of years prorated the attack against Pearl Harbor. After- tirement Services, and Army MSG Max they would be entitled to under the wards, he was quoted as saying he Beilke were working on this legisla- preretirement laws. feared he had only ‘‘awakened a sleep- tion. Those two men were in the Pen- I thank Jimmie Keenan and Ray Ivie ing giant.’’ In so many ways I think tagon and are now missing as of Sep- in my office, along with Michael that is exactly what has happened to tember 11, 2001. LTC Smith wrote to Ralsky and David Davis who have also our country. We have become awak- my staff about this legislation on June helped on this issue. ened. This sleeping giant called Amer- 15 saying: In memory of LTC Gary Smith and ica is now awakened. Those of us who work on these issues daily MSG Max Beilke, I ask that this What is also clear to the perpetrators know how important this will be. We’ll keep amendment be accepted. of this crime, while being unified our fingers crossed and hope it will get into Thank you, Mr. President. I yield against our country, is that we are now law. floor. unified against them. The President That was written to Jimmie Keenan, The PRESIDING OFFICER. The Sen- spoke eloquently and with great who is an Army nurse on my staff de- ator from Georgia is recognized. strength last night in that regard. But tailed to me as an Army fellow. She is Mr. CLELAND. Mr. President, it has I will say that the U.S. military will an expert in this area and has worked been an incredible 10 days. not be alone in this fight. Indeed, I tirelessly on this issue. She has worked I was reading in the New York Times have spent some time this morning lis- long hours. It was because of her expe- today a marvelous quote of John Ken- tening to testimony before the Govern- rience in working with her fellow mem- nedy that I think is appropriate for mental Affairs Committee regarding bers of the military medical corps that where this country stands as we face how we ought best to support the she realized there was something our future. President’s establishment of a National wrong. Many times in a training acci- Only in winter can you tell which trees are Office for Homeland Security. In that dent, for instance, we go through an truly green. Only when the winds of adver- hearing, it was the unanimous consent elaborate procedure to medically retire sity blow can you tell whether an individual of the witnesses that the current effort someone who is already dead. That is or a country has steadfastness. of the myriad agencies involved in the what we have been doing—where we In so many ways over the last week fight against terrorism, including the could—if someone died in a training ac- and a half, it has been my honor and Department of Defense, must be better cident. Before we declare a military personal privilege to be a part of this coordinated. person dead, we go through a process great body, to see its steadfastness in The Government Accounting Office that medically retires that person. the face of adversity, and to see the report recently released—actually re- My staff says this isn’t right; why wonderful staff people come back to leased yesterday—sums up the issue would we go through this process when work even though they knew they were succinctly. ‘‘Current Federal efforts,’’ the family is already in trauma and the at least for a moment in time a target the GAO says, ‘‘to combat terrorism people around the person who has died of the terrorists. are inherently difficult to lead and are in trauma? Why do we have to go It has been encouraging to see the manage because the policies, strate- through that? Why don’t we just say steadfastness of my own people in my gies, programs, budgets, and activities are spread across more than 40 dif- when someone dies in the line of duty, own home State of Georgia as they ferent Federal agencies.’’ for heaven’s sake, they should have the rally for the cause. Since the problem appears to be one benefits to which they are entitled by It has been a marvelous thing to ex- perience, watching television and see- of coordination—and the GAO has fin- the number of years they serve? gered that—I believe the President’s She went to work. It is a great idea. ing the experience of New Yorkers who Office of Homeland Security is an ex- Another fellow knew what was needed. rose to the occasion to honor their fire- cellent solution. It promises to adapt And they worked on this for almost a fighters, and to honor their policemen, and who did what it was difficult to do our Government to accomplish more year. effective counterterrorism coordina- It just happens that the people who in dealing with that terrifying situa- tion and assign responsibility for meas- were working on it with her in the Pen- tion which still goes on this day. urable results. But one element of steadfastness we tagon will not be able to see this bill It is simple enough to be rapidly im- are showing is that this legislative pass. But what they will get is the plemented—and that is important— comfort of knowing that their families process continues. The Senate Armed without disrupting the operations of are going to be taken care of in a much Services Committee was busy but- the agencies which are affected. better way than before. tressing the defense of America before I join the distinguished chairman of I am asking the managers of the bill the attack. We are busy today but- the Governmental Affairs Committee, to put this provision in the managers’ tressing the defense of America after Senator LIEBERMAN, in his desire to amendment. I think it is a very impor- the attack. move quickly to support the Presi- tant part of taking care of all members I would like to discuss today this dent’s action with appropriate legisla- of the military—not only the ones who pending legislation—the Defense au- tion. have died before and not only the ones thorization bill for fiscal year 2002. Notwithstanding the fact that our re- who died on September 11. Just 2 short weeks ago, the Senate sponse to terrorism will involve many I think this is an important message Armed Services Committee completed agencies, it will be our military that to the members of our military who are its markup of this authorization bill, will be on the cutting edge—the tip of getting ready to be called up. Many are which I heavily support. After the trag- the spear, so to speak. It will be our already called up. Many are waiting for ic events of last week, in a very timely military, our young men and women, those orders. That is what our military fashion, we bring this measure to the that will wage one of the most visible does. They wait until they are called floor to begin the process of providing and dangerous attacks that we have up to serve their country. They are our military men and women with the seen in many, many years. They are on waiting to be called to service today as resources they will need to respond in the cutting edge of this war on ter- we speak and as we are seeing the prep- this crisis. rorism. For many around the world, arations to enact the war against ter- As all of us are aware, last week peo- the performance of our military will rorism that our President so elo- ple and property of the United States characterize our success or failure in quently laid out for the people of were attacked in a vicious, deliberate, the war on terrorism. America. cowardly, and inhumane fashion. The As the military carries out its crit- As we know, the brunt of carrying full cost of this attack is only now be- ical part in the war, we must also con- out the President’s orders is going to coming clearer. tinue to provide for our military men be on the men and women of our mili- In the days that followed the attack, and women in terms of their security tary. I want them to answer the call I was often asked what I thought was as they protect our national security. knowing that if anything does happen the historical meaning of this moment. This bill does that.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9575 Prior to the recent terrorist attacks, whose position I now have in the Sen- As we now know, some 50,000 reserv- the Senate Armed Services Committee ate and position I have on the Senate ists have already been called up. All of increased the original budget request Armed Services Committee, coauthor our State adjutant generals have said for combating terrorism by well over of the Nunn-Lugar Cooperative Threat to us that they need help with the $200 million. This increase includes Reduction Act, who currently serves as shortage in full-time support that they over $100 million to support research cochairman of the Nuclear Threat Ini- receive from the active duty force. and development aimed at detecting, tiative, clearly summarized the threat This bill also provides a significant defending against, and responding to we face and outlined some key ele- pay raise—well above the rate of infla- the use of weapons of mass destruction. ments that should be included in our tion—for all military personnel. The other half of this increase—over response. Mr. President, again, for our troops $100 million—would increase the ability Senator Nunn points out that the in the field, military personnel, there of U.S. forces to deter and U.S. instal- terrorists’ murderous deeds are limited is a significant pay raise in this bill, lations to defend against a terrorist at- only by the weapons they are able to well above the rate of inflation. We tack. employ—limited only by the weapons recommend a targeted pay raise that Within this latter total, the com- they are able to employ. He notes that ranges from 5 percent to 10 percent, be- mittee determined that the Army had the disintegration of the former Soviet ginning in January of 2002. It is be- an unfunded mandate for installation Union left many thousands of tons of tween 5 and 10 percent. Enlisted per- security, and we provided an additional nuclear, biological, and chemical weap- sonnel and junior officers will receive a $778 million to address this need. ons, along with the scientists who pay raise of at least 6 percent or more. The committee also added funding of worked with those weapons, adrift in We also extend the special pays and almost $14 million for U.S. special op- an eroding infrastructure of inadequate bonuses that are so important for re- erations for the special operations controls and depressed economies. cruiting and retention. As someone command. Though we expect additional We must prevent terrorist groups who has served on the Personnel Sub- requests and will identify future needs, from exploiting this situation to obtain committee over the last 5, 51⁄2 years, the measure pending before the Senate weapons of mass destruction, weapons and now chairs that subcommittee, as continues this committee’s bipartisan materials and know-how. As we have you know, we have been struggling efforts to provide a solid foundation for only narrowly averted some attempts with recruitment and retention. I am combating terrorism. by terrorists to purchase these mate- pleased to report the military services Just one anecdote: On the last day of rials in recent years, I call on my col- have seen a burst of recruitment consideration of this massive bill, au- leagues to act on the recommendation around the country. That is another thorizing over $300 billion to be spent of the bipartisan task force that called sign that the steadfastness of this for our defense, one of the questions I for a fourfold increase in the funding of country is sound, particularly when we asked my fellow committee members programs aimed at reducing the threat are threatened. was: Defense against what? What is the of inadequately safeguarding weapons, Acceleration by 2 years of the exist- threat? This was 2 weeks ago. materials, and know-how in Russia. ing plan to gradually increase the basic Senator PAT ROBERTS, the distin- allowance for quarters to eliminate av- guished Senator from Kansas, for the As Senator Nunn correctly states: erage out-of-pocket expenditures for last couple years has been the chair- We must develop a comprehensive defense off-post housing by 2005—accelerate man of the Subcommittee on Emerging against the full range of threats based on rel- ative risk and supported by strong alliances that by 2 years—the BAH will cover Threats. Senator MARY LANDRIEU from around the world so that the pain of today median housing costs by 2003. We have Louisiana is now the chairman of that will not be known by the children of tomor- capped the average out-of-pocket ex- subcommittee. I asked both of them in row. penditures for 2002 at 7.5 years. their research, in their hearings, in In the trials to come, we must re- The bill authorizes a significant in- their study of the real threat against member our military might springs crease in funding for the defense health America: What is it? What are we de- from the willingness of our people to program, which includes full funding fending against? serve. I have always thought, since I Both agreed the most likely threat to for TRICARE for Life. That is for the was a young serviceman in Vietnam, 35 the country was a terrorist attack, a military retirees over 65. This is the re- years ago, the key to our defense is our stealthy attack, with no known ad- tiree benefit that this committee initi- defenders. They are the military and dress, no return to sender address, es- ated. The bill includes an authorization pecially biological or chemical attack. civilian personnel who make up the De- of an expanded benefit for disabled de- That was the threat No. 1. Threat No. partment of Defense. They are our de- pendents of active duty personnel. This 2 was cyber-warfare against our Inter- fenders. benefit includes comprehensive health net, against our computers to, in ef- As chairman of the Personnel Sub- care, home health care, and case man- fect, shut us down in terms of our com- committee of the Armed Services Com- agement services for the disabled fam- munications and our data processing. mittee, I am pleased to inform the Sen- ily member and respite care for the pri- I thought about that last Tuesday ate that this authorization measure is mary caregiver to the disabled family when we had the terrifying attack on a good bill and the provisions that ad- member. We recognize that providing this country. We were zeroing in on the dress the needs of our military men for the special needs of disabled family fact that the real honest to goodness and women and their families enjoy the members increases the capability of threat against this Nation was going to full and bipartisan support of all mem- service members to perform their mili- be a terrorist attack. bers of our committee. tary mission. Today I had the pleasure of visiting Some of the personnel provisions in The bill also includes two new initia- with two former Members, Senator this legislation include: total funding tives to help retain service members Warren Rudman and Senator Gary for personnel-related items at a level of with critical skills. As a matter of fact, Hart, part of the Hart-Rudman com- $106 billion, about $7 million over the I was surprised to actually learn that mission, who months ago identified the original budget request; and support part of the report recommended a focus chilling fact that it wasn’t a question for the recommended active duty end on terrorist attacks and an emphasis of whether this country was going to strength requested by the administra- on homeland defense. This report by get hit by a terrorist attack but when. tion. This includes an increase of over Senator Rudman and Senator Hart also Lord knows, we have learned that les- 3,000 personnel in the Navy and almost included recommendations to dramati- son. an increase of 2,000 in the Air Force. cally upgrade the Montgomery GI bill. As we proceed in the days and weeks This bill provides an increase in the Some of those recommendations were and months ahead to consider addi- full-time manning end strength by al- already in this authorization bill. tional counterterrorist efforts, I cite most 2,000 personnel. This is the first These initiatives include my own ini- an editorial that appeared in Monday’s installment of an 11-year plan to in- tiative, which I worked on for 3 years Atlanta Journal Constitution. crease full-time manning, which is one with my staff, to allow service mem- In that editorial, former U.S. Senator of the top readiness priorities for the bers to transfer up to 18 months of un- Sam Nunn, in whose seat I now sit, Reserves. used Montgomery GI bill benefits to

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9576 CONGRESSIONAL RECORD — SENATE September 21, 2001 family members and Senator HUTCH- consent agreement to move to the bill without health care, to extend their INSON’s education savings bond initia- shortly after the legislation has been TRICARE coverage for up to 180 days tive. Both of these help the educational drafted, and it would be my expecta- or until their civilian health insurers package now available to service men tion to take the bill up immediately. return their coverage to them. and women. There would be most likely a rollcall This legislation would address the The bill also authorizes retired serv- vote before the end of the day. I guess, circumstances faced by reservists like ice members with a service-connected in the 3:30 to 4 o’clock range we will Capt. Terri McGranahan. She volun- disability to receive both military re- take the bill up. I am not sure about teered to be a part of our peacekeeping tired pay and veterans disability com- the length of the debate. We will have mission in Kosovo. During her service, pensation, contingent upon the Presi- a rollcall vote on that legislation be- she worked in a health clinic that had dent proposing and Congress author- fore the end of the day. been newly painted with a toxic seal- izing an offset. The PRESIDING OFFICER. The Sen- ant. Working in this clinic had made The bill also authorizes pilot pro- ator from Missouri is recognized. her very ill, resulting in pneumonia. grams with the VA for a joint program Mrs. CARNAHAN. Mr. President, I Eventually, she developed a spot on her of graduate medical education, and for associate myself with the remarks of lung. She did not detect this condition the VA to conduct separation and re- the chairman and the ranking member, right away. When she finally sought tirement physicals. as well as the eloquent statement that medical treatment, the 30 days of Finally, the bill authorizes $35 mil- my colleague, Senator CLELAND, has TRICARE coverage had already ex- lion for impact aid and $5 million for just made. pired. impact aid for children with severe dis- This is a good bill. It is one that When she returned home, her private abilities. Not only is this bill good for strengthens our military and enhances health insurance company refused to our service members, but this year’s the quality of life for our Armed Forces cover her. She asked the Army for Defense authorization bill provides and prepares our Nation to confront help, but was turned down. Captain critical resources to sustain and im- terrorism. McGranahan has fallen through the prove the strength of America’s Armed One group of Americans will be on cracks of two health care bureauc- Forces, from funding initial production the front line of the new war on ter- racies. of the world’s most advanced fighters, rorism: our reservists and National We have to do better than this. such as the F–22, to addressing infra- Guard members. President Bush has Mr. President, my amendment will structure concerns, to adding to our authorized a callup of 50,000 of these provide comfort to thousands of re- airlift capabilities, and providing extra citizen soldiers. They may soon leave serve families whose loved ones risk C–130s—shortfalls that DOD identified, their families and civilian jobs and, at their lives defending our Nation. But and it guarantees that we as a nation a great personal sacrifice, report to ac- more important it would be part of our are continuing the strong tradition of tive duty. They will be among those national effort to unite behind our supporting our military, as well as pre- who will confront our enemies, defend- troops during this time of national cri- paring for the threats of the future. ing our freedoms in a shadowy and po- sis. In conclusion, I thank Chairman tentially brutal war. The bill on which the amendment is LEVIN for his leadership and hard work Our Nation must do all we can to based has been endorsed by 28 organiza- on this bill and the ranking Repub- support these brave men and women tions across the country, including the lican, Senator WARNER—he and his and their families. There are many Reserve Officers Association, National staff. They have made a strong con- things we need to do to address the Guard Association, Enlisted Associa- tribution to this year’s authorization issues for reservists’ quality of life. tion of the National Guard, the Air bill. One of those is to ensure that those Force Association, the Association of I think we should all commend these who are called to duty and their fami- the U.S. Army, and several other orga- two gentlemen for their tremendous lies have access to uninterrupted nizations promoting quality of life for dedication to our Nation’s military and health care coverage. our service men and women. their continued example of true bipar- Currently, when reservists are called Over 50,000 reservists may soon be tisan cooperation and accomplishment. up, they are temporarily considered ac- called into service. As President Bush Mr. President, I will conclude with a tive duty components. While they are himself has said, ‘‘We’re talking about line that I came across when I was in harm’s way, members of the Re- somebody’s mom, or somebody’s dad, going through Reserve Officer Training serves and National Guard and their somebody’s employee, somebody’s Corps school as a young cadet, written dependents are entitled to the same friend, or somebody’s neighbor.’’ by one of Wellington’s troops after the military health care coverage as other Our initial cost estimate for our Battle of Waterloo, after the glory of military personnel, with what is called original bill was just 5 million dollars a the battle had long since faded. He TRICARE. Reservists who have de- year. This proposal is not extravagant wrote once that: ployed for more than 30 days during a in a $343 billion defense budget. It is In time of war and not before, major contingency may extend their the right thing to do, and it is needed God and the soldier men adore, military health care coverage for 30 right now. This is not a permanent so- But in time of peace, with all things righted, days after they return. lution. We need a full health care pro- God is forgotten and the soldier slighted. I have discussed this issue at length gram for these service men and women. Mr. President, over the last 10 days, with several reservists and the leader- The Defense authorization bill requires this country has in many ways redis- ship of the Missouri National Guard, the Pentagon to study this issue, and I covered our God and certainly has re- and I can tell you 30 days simply is not look forward to reviewing it. But in the discovered our soldiers, our service enough. Oftentimes, civilian employers meantime, I am pleased to offer this men and women. This bill is in their in- are unable to restore the reservists’ amendment in the name of our Mis- terest. I urge my colleagues to adopt health care benefits immediately. In souri’s National Guard and Reservists, it. other cases, Reserve members have as well as our country’s other citizen I yield the floor. quit their jobs before deploying and soldiers. Mr. DASCHLE. Mr. President, a num- have no source of insurance when they General Eisenhower once said: ber of our colleagues have been calling return home. Leadership cannot be exercised by the both leaders asking for some update on On Monday I will offer an amend- weak. It demands strength—the strength of the schedule for the day. I wanted to ment on behalf of myself and Senators this great nation when its people are united notify Senators that the negotiations DEWINE, LEAHY, LANDRIEU, JOHNSON, in purpose, united in a common fundamental on the airline legislation have just BREAUX, BINGAMAN, DODD, and THUR- faith, united in their readiness to work for been concluded. So it is my expectation MOND. The amendment is based on leg- human freedom and peace. that we will take the bill up within the islation I introduced with Senator Mr. President, let us assure our cit- next hour and a half. DEWINE earlier this year with seven co- izen soldiers that when they return All Senators should be on notice that sponsors. Our amendment will allow re- home, they will not be denied health we will attempt to get a unanimous servists returning from deployments care because of their military’s service.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9577 They deserve no less. I thank the which our greatest victories may never ways important in past wars, is going Chair. be fully appreciated and in which our to be more so. There will be families I yield the floor. full vulnerabilities are perceived by separated from loved ones for long pe- Mr. LEVIN. I suggest the absence of only a few. riods of time and children who will a quorum. It is also a silent war because silence never be able to receive a letter from a The PRESIDING OFFICER. The is the only real asset of our enemies. father or a mother or to hear their clerk will call the roll. When we can identify our foes, they voice for long periods of time. I urge The senior assistant bill clerk pro- will be eliminated. For that reason, we that our Nation give some extraor- ceeded to call the roll. must be relentless and patient. We are dinary and new thinking to what we Mr. DASCHLE. Mr. President, I ask in a chess match with killers. A great might do to support the families who unanimous consent that the order for deal rides upon its outcome. are going to be called to the front lines the quorum call be rescinded. My confidence in our victory comes and, in addition, to recognize while my The PRESIDING OFFICER. Without from one simple fact: Our opponents committee only supervises and over- objection, it is so ordered. rely on a few pathological minds to win sees the military operations, as our f this war. Our Nation can call upon the President and as our leaders have so minds of free-thinking, freedom-loving eloquently stated recently, it is not RECESS SUBJECT TO THE CALL OF people around the world to ensure our just men and women in uniform who THE CHAIR victory. And ultimately we will pre- are on the front line, but our fire- Mr. DASCHLE. Mr. President, I move vail. fighters, our local elected officials, our that the Senate stand in recess subject We have a long journey in front of us. National Guard, business people, in to the call of the Chair. Today we take another step. I com- many instances, are on the front line, The motion was agreed to, and at 2:45 mend our chairman, Senator LEVIN of depending on what their business is. p.m. the Senate recessed, subject to the Michigan, and Senator WARNER of Vir- Their families need special consider- call of the Chair, and reassembled at ginia for their outstanding leadership ation. 3:07 p.m., when called to order by the at this time. We have also done important work in Presiding Officer (Mrs. FEINSTEIN). As the chairperson of the Emerging improving the efficiencies of the De- Ms. LANDRIEU. Madam President, I Threats Subcommittee, I am clear partment of Defense. This will become come to the floor this afternoon to about the work our committee must more crucial in the coming days as our speak on the subject of our Defense au- undertake over the next few months Nation commits its treasury to the thorization bill. and perhaps years until the successful present struggle. We must ensure that First, let me say how appreciative I conclusion of this conflict. I also sin- we invest wisely in the best possible am of the leadership of Senator LEVIN cerely thank the Senator from Kansas, means toward ensuring absolute vic- and Senator WARNER. These are two Mr. ROBERTS, our ranking member of tory. Senators who trust one another and this important committee, for his co- There are a few aspects of this legis- who work beautifully together. I have operation, his insight, his vision, and lation of which I am particularly personally witnessed the work they his passion on this subject. His advice proud. We have made a significant in- have done both publicly and during and counsel and our excellent working vestment in upgrading and sustaining many hours of private negotiations. I relationship have made a difficult task our fighters and our bombers. Any stu- cannot thank them enough for their more bearable. dent of modern history cannot over- extraordinary leadership at this very It should be noted that I have deter- look how important these are to con- important time in our Nation. I truly mined a new policy for our sub- ducting modern war and how vital they think that God has blessed us at this committee. From now on, all meetings will be to achieving victory in this new time to have these two fine men help- of the Emerging Threats Sub- type of war. In this bill, we have authorized a 5- ing lead the negotiations at this par- committee will be bipartisan in nature. percent pay raise for all of our service ticular time on a very important bill We have neither the time, nor do the personnel. Perhaps it can be more. Per- for our country. American people have the patience, for haps 5 percent is not enough. We can President Kennedy reminded us dur- partisan squabbling and bickering be- revisit that issue. It is another step ing the height of the cold war that to cause the stakes are so high. along with an 8-percent pay raise that ensure the peace we must prepare for In formulating the Department of was done the year before and raises the war. September 11 seems to many of us Defense budget for the next fiscal year, year before to make the paycheck literally years ago. It was just last we considered five priorities. Sadly, re- begin to match—which it can never week that our preparations for 21st cent events have brought three of those quite do, obviously—the sacrifices our century warfare were cut dramatically priorities to the forefront. We have men and women are called on to per- short. We had just reached the point done very good work recently in ensur- form. where the American public was begin- ing that our military is ready to meet As we contemplate the tasks that our ning to comprehend that future wars nontraditional threats and to ensure men and women in uniform face, we are would, indeed, be very different; We that our Armed Forces are ready to de- made aware of our duty to properly would need a different sort of military fend our Nation on a moment’s notice. compensate them and their families to combat them. However, national se- Now is the time to enact all of our and to support them financially, psy- curity infrastructure is a large, lum- plans and defend America and its val- chologically, emotionally and, in many bering ship. It takes time, focus, pa- ues against this unprecedented chal- ways, spiritually. tience, and determination to turn its lenge to our Nation. We have provided a guarantee that direction. In addition, we have sought to im- our fighting men and women will be On September 11, early in the morn- prove the quality of life for our service able to fully participate in democracy ing, the attention of our Pentagon men and women and their families. It while being deployed abroad. We in- turned on a dime to this new threat. As is the service family who will keep the cluded language in this bill to ensure all of us are now beginning to under- hearth warm while our fighting men that their right to vote will be uninhib- stand, 21st century warfare is very dif- and women are deployed. We must pro- ited, barriers taken down, and that ferent. vide them with the quality of life they valid votes will be counted. I have referred to the current attack deserve. This Nation set a precedent in 1864, on the United States as a silent war. In almost every war of which we are when we conducted a Presidential elec- People have asked me what I mean by aware and have studied—and many tion in the midst of a paralyzing war. that. I mean that the resources we em- have actually participated in—it was This bill ensures that we will not allow ploy to fight this war may not be visi- always hard on the family. I imagine the current crisis to disrupt our demo- ble on CNN. We will fight electroni- and predict that in this war, in some cratic process. cally, with our special forces, with our ways it will be harder on families be- I now focus, briefly, and in conclu- intelligence operatives, with psycho- cause the intelligence, the secrecy of sion, on the work done by the Emerg- logical operations. It will be a war in what we have to do, while it was al- ing Threats Subcommittee in the last

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9578 CONGRESSIONAL RECORD — SENATE September 21, 2001 few months. Our committee is charged cess and entry controls at military in- prove the quality of life for our sol- with the task of concentrating on the stallations abroad. As security is in- diers, sailors, airmen and Marines. efforts of the Department of Defense to creased on installations both domesti- These men and women will be the counter new and emerging threats to cally and abroad, these funds are need- spears in the fight to rid this world of our national security interests. Our ju- ed now more than ever. the terrorist that threaten not only risdiction includes terrorism, the sub- But while we focus on the threat that this great Nation, but all peace loving ject that is absorbing the attention of has emerged, it is important that we people throughout the world. the entire world at this time. also address the proliferation of nu- The fact that we are considering this I stress that as the threat of ter- clear weapons. As our enemy searches important legislation at this time is a rorism has emerged in a most horrific for new and innovative and very de- reflection of the bipartisan effort to way, we must not overlook our other structive ways to attack us, it is im- support this nation. I joined my Repub- jurisdiction of counterproliferation and portant that we deny him access to the lican colleagues on the Armed Services chemical warfare. Those responsible most destructive weapons. The markup Committee in voting against reporting for the tragic events of last Tuesday package fully funds—and I am very out the Defense Authorization Bill for know they must find new ways to proud that this decision was made last Fiscal Year 2002. I would have joined threaten our security, and we must be week—the Cooperative Threat Reduc- my colleagues in voting against final ready for them. tion Program at the DOD budget re- passage of this bill if the onerous provi- I will concentrate on the subcommit- quest level of $403 million. Included in sion on the future course of the deploy- tee’s work on counterterrorism initia- the $403 million is $50 million for de- ment of ballistic missile defenses had tives just for a moment. struction of Russian chemical muni- not been not struck from the bill. By The threat of terrorism can no longer tions. Before the program can spend removing the provisions that would be described as emerging. It has, unfor- the money to destroy the Russian have hindered the President’s ability tunately, emerged. The subcommittee chemical munitions, however, DOD to deploy an effective National Missile has done substantial work in pro- must meet certain prerequisites. These Defense System, Chairman LEVIN has tecting our Nation from the terrorist prerequisites include a Russian com- come a long way toward assuring pas- threat, but it is obvious that we must mitment to contribute $25 million to sage of this important legislation and do more. the program per year. These pre- laid aside partisanship in favor of There is no doubt in my mind that in requisites are based on those origi- unity. the coming days we will see the work nated by Senator ROBERTS last year. I will support this important legisla- of this committee increase and our ef- We also cannot overlook chemical tion in its current form, although I forts redouble to stem the tide of ter- and biological weapons that can inflict have significant reservations regarding rorism here on our homeland. We have unthinkable, unbearable harm on our the section 821 which severely restricts sought to meet the immediate needs of civilian population and our men and Federal Prison Industries’ ability to the services and commanders for women in the field. That is why our sell to the Department of Defense. counterterrorism initiatives and force committee devoted over $1.2 billion for Since the Department is FPI’s largest protection. These initiatives include demilitarization. Additionally, we have customer, my concern is that this pro- $14.3 million to fund enhanced counter- acquired vaccines to combat the threat vision would severely harm FPI and its terrorism training for the special oper- ations command—a very special com- of chemical and biological weapons and essential mission in keeping inmates mand now in this new war with this are in the process of making that en- safely and productively occupied. FPI is an essential program that emerged threat —which has a mission tire system much more robust, and maintains prison safety and security. of defeating terrorist actions. This is a that work is well underway. Let me close by proclaiming my ex- It keeps thousands of prisoners work- crucial investment. There will be more treme confidence and admiration for ing and productively occupied, which to be made in the future, and I call on the men and women of our Armed helps prevent mischief and violence. all Members of Congress and the Presi- Forces. They have trained day in and Also, it is the most successful govern- dent to understand the critical impor- tance of significant investment in this day out for their ultimate mission. And ment program for teaching inmates job particular area. now we must all call on them to fulfill skills that they can use in the private In our bill, we have $10 million to in- that mission. I am confident they are sector when they are released. It does crease and formalize the Chairman of up to the task because, as I said in my all of this without any cost to the tax- the Joint Chiefs of Staff combating opening, this war that we fight does payers. Because of these concerns and terrorism readiness initiative fund, not necessarily rely on the genius and the fact that this matter is under the which allows commanders in the field strength of our President, although he jurisdiction of the Judiciary Com- to fund emergent, high-priority re- showed great strength and genius last mittee, I will join any effort to strike quirements. Again, this was the night. It doesn’t just rely on the great this provision and am optimistic that amount of money put in prior to 9/11. I strength of the 100 of us in this Cham- it will not survive to see the light of am certain, as we have time to confer ber, but it rests squarely and stably day. with each other and revisit the budget and securely on the shoulders of every Under the leadership of our new allocations again, there can be addi- American everywhere, our allies, and Chairman Senator LEVIN and the Rank- tional funding authorization so that of free-thinking people who have been ing Member, Senator WARNER, the our commanders in the field have no inspired by God over the centuries to Armed Services Committee included barrier to protect their forces and to fight this war. That is why I know we many provisions and funding items protect Americans wherever they may will win and we will all do our part. that the administration supports and be in the world. I yield back the remainder of my will have a significant impact on readi- We also devoted $107 million to the time. ness and quality of life. The bill pro- Departments of Defense and Energy for Mr. THURMOND. Mr. President, at vides $10.5 billion for military con- detecting, defending against, and re- this tragic time in our Nation’s his- struction and family housing construc- sponding to the use of weapons of mass tory, it is time for the Senate to lay tion. It adds more than $232.0 million destruction. This includes funds allo- aside politics and focus on the needs of to increase the Basic Allowance for cated for chemical and biological de- our country, especially those of the Housing to further reduce the out-of- tection and prevention. men and women of our military serv- pocket expenses housing costs for serv- The attack initiated against the ices. The National Defense Authoriza- ice members and their families. It adds United States last week was com- tion Bill for Fiscal Year 2002 is the key more than $1.0 billion to the budget re- mitted with a rather crude weapon of legislation that this Senate will con- quest to improve the readiness of U.S. mass destruction. It is important that sider this year to provide critical fund- forces. we keep our guard up against other ing and legislative authority to the De- The bill also includes significant more sophisticated weapons. partment of Defense so it can carry out funding to improve the capability of Additionally, we have devoted over its national security role. The bill also our forces to meet the nontraditional $77 million to establish minimum ac- includes important provisions to im- threats that we will face in the coming

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9579 years. These threats, as so tragically ERTS, in particular, helped develop an I directed the parties involved to evidenced on September 11, are not important framework for responses to reach a mutually agreeable solution. I only focused on our Armed Forces, but threats against our homeland. We have am very pleased to announce that to- the heart and soul of our nation, its recommended that the Pentagon re- day’s amendment reflects an agree- citizens. view its antiterrorism defenses. It ment between the National Oceanic I am especially pleased that this bill should ascertain how various parts of and Atmospheric Administration, contains significant funding levels to the Defense Department can better co- NOAA, NMFS and the Port of Everett. support the operations, especially envi- ordinate preventative measures and re- Upon transfer of the 22 aces, the Air ronmental clean-up, at the Savannah sponses to such attacks. Force will convey 1.1 acres to NOAA. River Site in my home State. Addition- I have the honor of being my State’s After 12 years, any portion of the 1.1 ally, the bill includes the bill makes a first Senate Armed Services Com- acres not being used by NOAA shall strong statement, which was inserted mittee member in nearly 25 years. I automatically revert to the Port of at my request, regarding plutonium have enjoyed working with my col- Everett. In addition, the Secretary of disposition. I believe that now more leagues, Senators LEVIN and WARNER, Commerce will have the authority to than ever we must eliminate the threat to help craft this bill. This legislation exchange portions of the 1.1 acres with that this material pose. I strongly urge is good for Missouri, but far more im- the Port of Everett should such an ex- the Department of Energy to follow the portantly, it is good for America. It change be deemed mutually agreeable. RECORD of Decision on plutonium dis- will strengthen our military, enhance This amendment reflects almost a position and build the MOX fuel fab- quality of life for our armed forces, and year of negotiations and hard work on rication plant otherwise the Savannah prepare our Nation to confront the ter- the part of many people within each or- River Site may be forced to store plu- rorists head-on. ganization. I would like to thank John tonium indefinitely, which is an unac- In every generation, Americans have Mohr, Executive Director for the Port ceptable situation. risen to threats against our freedom. of Everett, and Donna Darm, Acting Although this bill came to the floor Now we must do so again. We must Regional Administrator for NMFS in under a shadow, I urge the Senate to make a new national commitment to the Northwest Region. I appreciate unite and put aside the partisan inter- our armed forces. their outstanding leadership in By passing this bill, let us send a est for the sake of the Nation and, crafting this agreement. I look forward message to the terrorists and those more importantly, for the sake of the to continuing to work with the Port of who harbor them: America is ready. men and women who may soon be Everett, NMFS and NOAA on this and Your days are numbered. thrust into harms way. Mr. President, I thank the Chairman any other issue that may arise in the Mrs. CARNAHAN. Mr. President, I and the Ranking Member for their future. Congratulations on working out would like to associate myself with re- leadership, and I enthusiastically sup- an agreement which, I believe, is in the marks of the chairman and ranking port this bill. long-term interest of the community, member on the pending legislation. the state of Washington and the na- Several months ago, I called for a f tion. new national commitment to our MUKILTEO LAND TRANSFER The PRESIDING OFFICER. The Sen- armed forces. I said that we need to re- Mrs. MURRAY. Mr. President, today ator from South Carolina is recognized. assess who the enemy is, redesign our I am pleased to offer an amendment to Mr. HOLLINGS. I ask unanimous military for a new century, and rededi- the fiscal year 2002 Defense Authoriza- consent that I may proceed as in morn- cate ourselves to our men and women tions bill improving upon a land trans- ing business for 20 minutes. in uniform and their families. fer included in the fiscal year 2001 De- Mr. WARNER. Mr. President, reserv- I am pleased to report that the De- fense Authorizations bill. Last year, I ing the right to object, I wish to ask fense Authorization bill does all of worked to include language transfer- the Senator if he will forbear for a mo- those things. As our armed forces pre- ring the 22 acre Mukilteo Tank Farm ment. pare for a long struggle against ter- from the United States Air Force to In my capacity as ranking member of rorism, they count on full support from the Port of Everett, Washington. The the committee, I thank our committee this Congress. Port, in cooperation with the City of member from the great State of Lou- This legislation authorizes $343.5 bil- Everett, the City of Mukilteo, the isiana for all of her hard work and for lion for national defense programs, the Washington State Department of her taking over the chairmanship of full amount requested by the adminis- Transportation, Sound Transit, and the the Emerging Threats Subcommittee. I tration. And it goes beyond what the Washington State Ferry System, plans don’t know of any other task facing administration requested in pay in- to redevelop the site to include a new the Senate today that is greater than creases and quality of life improve- ferry terminal, commuter rail, a ma- what faces her in trying to work for ments for the men and women of the rina and enhanced shoreline access. the administration now that the Presi- armed forces. This redevelopment will revitalize dent has made some very significant The bill also provides additional in- Mukilteo and Everett while improving announcements in restructuring efforts vestments to redesign our military ca- transportation in this area. An impor- of the Federal Government toward ad- pabilities. It will enhance our airlift tant first step in implementing these dressing the emerging and, indeed, re- capabilities, which will allow US forces development plans is for the Air Force grettably existing threats now poised to mobilize quickly and respond to cri- to convey this property to the Port of at our country. So I commend the Sen- ses and terrorist threats around the Everett. ator from Louisiana and wish her well globe. A centerpiece of this effort is the For almost 30 years, the 22 acre par- in the weeks and months to come in C–17, produced in my home State of cel of land has also been home to the her new capacity as chairman. Missouri. I am proud to have worked National Marine Fisheries Service’s, Ms. LANDRIEU. I thank the Senator. closely with Senators LEVIN, WARNER, NMFS’, Mukilteo Field Research Facil- Let me respond briefly. To assure the KENNEDY, and SESSIONS, to authorize ity. Its laboratories are currently Senator from Virginia that we are up an additional multi-year contract for housed in old, run-down military bar- to the task and that our members are this versatile aircraft. racks. Last year’s land transfer legisla- ready to go, we look forward to work- In addition, the committee worked to tion did not convey any of the property ing with him, and I appreciate his guid- improve the country’s defenses against to NMFS. The agency was concerned ance, support, and direction. emerging threats. It adds $600 million that it had lost its chance to own a Mr. WARNER. I thank the Senator to the administration’s budget pro- portion of the 22 acres, and thus to from Louisiana. posal to combat terrorism and weapons make significant improvements to the The PRESIDING OFFICER. Is there of mass destruction attacks. site. The facility conducts valuable objection to the request of the Senator The bill will help us shape a new marine research, which will lead to im- from South Carolina to speak as in force structure to respond quickly, proved long-term success in protecting morning business? forcefully, and effectively against ter- and restoring salmon, groundfish and Mr. REID. Madam President, what rorists. Senators LANDRIEU and ROB- other species in Puget Sound. was the request?

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9580 CONGRESSIONAL RECORD — SENATE September 21, 2001 The PRESIDING OFFICER. The re- MEASURE READ THE FIRST need a central command with fixed re- quest is from the Senator from South TIME—S. 1447 sponsibility for this security. Carolina to speak as in morning busi- Mr. HOLLINGS. Madam President, I The bill also establishes an Aviation ness. understand that a settlement has been Security Council comprised of rep- Mr. REID. Reserving the right to ob- reached between the leadership of the resentatives from the FAA, the Depart- ject, before we move off the Defense House and Senate relative to the air- ment of Justice, the Department of De- bill—if it is within the rules, I suggest line assistance measure. This measure, fense, and the CIA to coordinate na- the absence of a quorum. an attempt to propound a bare bones tional security, intelligence, and avia- The PRESIDING OFFICER. The solution, does not encompass all the tion security information and make clerk will call the roll. main considerations that came out at recommendations. The assistant legislative clerk pro- the hearing we had in the Commerce There was a question about curbside ceeded to call the roll. Committee yesterday. check-in. Employees stationed there Mr. DASCHLE. Madam President, I It is more or less a gentlemen’s look at their computers. They are well ask unanimous consent that the order agreement that safety is just as impor- trained to look for certain persons that for the quorum call be rescinded. tant, or this particular Senator was Interpol, other countries, or the FBI in The PRESIDING OFFICER. Without trying to get safety and security ahead this country have given as known secu- objection, it is so ordered. of money. Be that as it may, the rity risks. With those that they may have some money has prevailed and the bill will suspicion about, they check that bag- f pass, perhaps this weekend or perhaps gage. Obviously, if the distinguished this afternoon. I want to save time by Senator from California was going MORNING BUSINESS speaking now so that when the bill is through, and she comes through every under consideration, I will not be hold- Mr. DASCHLE. Madam President, I other week or so, going back and forth ing up my colleagues who are trying to ask unanimous consent that the Sen- to the west coast, she is a discernible catch transportation to get home for ate enter into a period for morning public figure, no security risk whatso- the weekend. business, with Senators not to speak ever and there is no reason to open the In that light, I have at the desk a bill for more than 15 minutes each. bag. That facilitates airline travel and by myself, Senator MCCAIN, Senator Mr. WARNER. Madam President, I that is understood. KERRY, Senator ROCKEFELLER, Senator will not object. That will mean we will Even at curbside when they use the HUTCHISON, Senator BREAUX, Senator now go off the Defense bill, which we computer and bring up the name ‘‘Hol- CLELAND, Senator NELSON, Senator discussed. In consultation with our lings’’ on the computer, they can see EDWARDS, Senator BURNS, Senator chairman, I hope by Monday we will be exactly what his travel practices are SMITH, and Senator REID. I ask it be ready to proceed with some amend- and other important information to given its first reading. ments as soon as the leadership estab- the security of air travel, and either The PRESIDING OFFICER. The lishes the parameters as to when the give a double-check through his lug- clerk will report. votes will be taken. We will be ready. gage or maybe a personal check. The assistant legislative clerk read Mr. DASCHLE. Madam President, I El Al Airlines requires that in Tel as follows: appreciate very much the report from Aviv. The truth is, we invited El Al’s the ranking member. The ranking A bill (S. 1447) to improve aviation secu- safety executive, and due to the holi- member and the chairman have done a rity, and for other purposes. days he could not make it, but he will good job getting us to this point. We Mr. HOLLINGS. I thank the distin- be here the first of the week and is ought to be ready with amendments. guished Chair. Madam President, there going to brief our committee. We are going to have votes as early as is not any question when we are talk- We know there is required security in 12 o’clock on Monday. I would like to ing about financing that we can give the country of Israel, and as a result entertain amendments as early as 10 the airline industry billions upon bil- we want to try to emulate their suc- o’clock on Monday morning and be pre- lions of dollars in the next 10 minutes, cess in that regard. First, put in a dep- pared for votes as early as 12 o’clock on but the sustenance, success, and the uty administrator with a coordinated Monday. full resumption of airline travel will council and strengthen the cockpit We will certainly work with the never occur until the traveling public doors and locks. ranking member, the chairman, and ac- is confident of safety and security at We have heard from the distinguished commodate those Senators who wish to the airports and on planes in America. Senator from Massachusetts of his con- offer amendments. We need to get First and foremost, of course, is the stituent who manufactures such a started. I would like to get into a very matter of the cockpit. Pilots do not door. He will be momentarily address- complete debate on Monday. We will be want to get into the position of those ing that. in throughout the day and maybe into pilots on 9–11. So they are not only There is no question in this Senator’s the evening on Monday in order to con- asking for a secure door that can only mind that once the door is locked se- tinue our work on the Defense author- be opened from the inside, going along curely with a substance such as Kevlar ization bill. with the rule that it not be opened in that it cannot be penetrated. Once that Mr. WARNER. Madam President, I flight, but that they also be equipped is secured and you get the security per- thank our distinguished leader. with stun guns. That is going to be sonnel at Reagan National Airport, you Mr. DASCHLE. Madam President, I taken care of. can open up Reagan National. There is will also say for the interest of col- We have Federal marshals. We need no difference between opening up Dul- leagues, we will be propounding the to extend that program, there is no les Airport or Baltimore-Washington unanimous consent request with regard question about it. But the main kick in Airport and not Reagan with respect to to the consideration of the aviation the arm of security at all airports of the proximity because, after all, it was legislation sometime shortly, but it America is the reliance upon the indus- the Dulles flight that hit the Pentagon. was in the interest of accommodating try itself to provide for that security. Once a flight takes off, to turn Senators who wish to speak that I It has been going to the lowest bidder, around and come back into Wash- thought it would be appropriate for us to temporary workers paid minimum ington, it is just as easy to turn from, now to enter into a period for morning wage, their average stay not exceeding say, Baltimore or Dulles before any- business. We will do that and be back 5 months. So there is no profes- thing can really be done to stop its on the floor with the request in the not sionalism, there is no experience and, course and come right into the Pen- too distant future. as a result, there is no security. Every- tagon again. I yield the floor. one knows this. This was not just re- I understand what the Secret Service The PRESIDING OFFICER. Without vealed at the hearing. and the National Security Council are objection, it is so ordered. The bill establishes a Deputy Admin- saying, but this is no time for debate. Who seeks recognition? The Senator istrator at the Federal Aviation Ad- As the President said, this is a time for from South Carolina. ministration for Aviation Security. We action. So let us start with action, get

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9581 in the security personnel in a studied, ground checks on students at flight Mr. HOLLINGS. I ask unanimous incremental fashion. Start with the schools for large planes and increases consent for 5 minutes. shuttle flights to New York and Boston perimeter security at airports and air The PRESIDING OFFICER. Without and immediately have enough security traffic facilities. It assesses a dollar- objection, it is so ordered. personnel in those particular planes al- per-passenger security charge and au- Mr. HOLLINGS. Madam President, ready equipped with the secured cock- thorizes funds to carry out the security since others are prepared now, let me pit. initiatives. read the most significant testimony of This particular measure also in- This bill is totally bipartisan, but Harry Pinson of Credit Suisse First creases the number of Federal air mar- there was a concern amongst several of Boston, in Texas, and the head of the shals. In the interim, the FAA can use the Senators about assessing a charge. southwest regional investment banking personnel from other Federal agencies I think all members of our committee group based in Houston that handles to serve as those air marshals. It fed- more or less will cosponsor the bill, all of these industrial accounts. I ask eralizes airport security operations. I once we can check this afternoon, in a unanimous consent it be printed in the heard a while ago at a conference that bipartisan fashion. RECORD. the Secretary of Transportation said Now, that charge will bring in $250 There being no objection, the mate- we did not have the money to do this. million. Assuming the security respon- rial was ordered to be printed in the We do have the money, and we have sibility at airports is federalized, it re- RECORD, as follows: voted the money. That is why this Sen- lieves the private airline industry of $1 TESTIMONY OF HARRY PINSON, HEARINGS ON ator voted the $20 billion. Someone has billion. So $250 million for passengers AIRLINE INDUSTRY FINANCES, SENATE COM- MITTEE ON COMMERCE, SEPTEMBER 20, 2001 said it is $3 billion, and that $3 billion to start contributing toward taking care of some of these expenses is defi- Good afternoon Mr. Chairman. I want to is enough. Put some 23,000, 24,000 secu- thank you for holding these hearings today rity personnel in the airports around nitely in order, in this Senator’s mind. and allowing me to appear before the Com- the country as Federal service employ- I want to cover one particular thing mittee. ees, civil service Government employ- with respect to the bill itself. The bill My name is Harry Pinson and I am a Man- ees, skilled, with training, with ade- might have to be repaired if there is aging Director of Credit Suisse First Boston quate pay and retirement and health not a cap on claims. We are estab- (‘‘CSFB’’), and Head of the Southwest Re- care benefits. That is when you are lishing a Federal claims procedure so gional Investment Banking Group, based in the injured are not further damaged Houston. I joined CSFB in 1984, and moved to going to get the competent personnel. Houston in the summer of 1995 from New I have had this struggle for the past and do not have to chase around sev- York. I am responsible for coordinating the several years about privatizing the eral jurisdictions and file all kinds of coverage of industrial accounts in the South- comptrollers. I do not see anybody in legal motions. So the Federal claims west, including the airline industry. While in the Chamber this afternoon talking provision will be included in the bill New York, I was Head of the Transportation about privatize, privatize, privatize. We this afternoon. Group in the Investment Banking Depart- can see what privatization has done to My understanding, because I was try- ment from 1990 through 1995. security. ing to get it on as a cap, if you do not I began my business career as an Associate Europe affords government workers have a cap on these particular claims, in the public finance department of Merrill Lynch, where I specialized in the transpor- in its airports. If Europe can afford it, there will not be enough money in the tation industry, prior to joining CSFB. I we can. In fact, after 9–11, we must af- Federal til. That will have to be re- have managed a variety of financing and ford it. We cannot play games with the paired. strategic advisory assignments for major number of employees and everything I could give the example of this high U.S. industrial companies including the ac- else of that kind when it comes to se- paid group on the top of the World quisition of McDonnell Douglas by The Boe- curity, and this is just as important or Trade Towers, and they are very de- ing Company, the strategic alliance between more so to this particular Senator than serving people, but if they make $8 mil- Continental Airlines and Northwest Airlines, the money. lion or $10 million a year, if I were a the sale of United Airlines to its employees, lawyer I know I could get a $200 million advising the creditors of Continental Air- I am going to explain the money in a lines in the reorganization of the Company, little while. You can give airlines all to $300 million verdict of some kind, the privatization of Quantas Airways and the the money in the world, but if nobody and while I am getting the $200 million acquisition of TWA by AMR. comes to fly on their planes, if the air- to $300 million verdict, the poor fire- The U.S. air transportation system, for all ports and the planes themselves are man’s lawyer comes in and says, ‘‘Wait its faults, is the envy of the world. Its cheap- not secure, then they are going to suf- a minute. You are paying that high ness and ease of use means that more Ameri- fer badly financially and there is not paid individual a couple of hundred cans fly more often than the citizens of any million dollars, but this is a poor fire- other major country. Whole industries are enough money in the Government built around this unquestioned principal of Treasury to keep them alive unless we man who rushed in and saved his life, I mobility: hotels, resorts, car rental agencies. do this No. 1 thing; namely, provide for want $200 million,’’ and up and away it It binds us together as a nation, and con- airport security, which is on goes. Or the insurance company takes nects us to the world. everybody’s mind. a traveling passenger who was on one The events of last Tuesday and their rami- The bill also improves screening pro- of those planes and the lawyer goes to fications are threatening that principal of cedures for passengers. It checks the the insurance company and says, ‘‘Go mobility in a number of ways. First, the cash losses suffered while the in- passenger’s name against a coordinated ahead, give us the $50 million, give us dustry was grounded and as it rebuilds this list comprised of criminal, national se- whatever million you want because you week are weakening an industry already curity intelligence, and INS informa- are subrogated, you can go against the made vulnerable by a weakening economy. tion. Government claims, no limit on the Second, the reduction in demand caused by I heard the previous administrator of government claims, and you can be re- the loss of passenger confidence and the im- the Immigration and Naturalization imbursed.’’ They say I am out here pact on travel times caused by the security Service, Doris Meissner, on TV the shilling for the trial lawyers, but right guidelines necessary to restore that con- other evening. She was talking about is right. I am confident most of my fidence, coupled with the increased operating costs and lower fleet utilization that those checking names off as they come in. trial lawyer friends would understand, same safety guidelines are likely to require, The INS gets this information. The FBI in an act of war of this kind, there means that the profit model for the industry gets this information. It ought to be have to be some limits. If there are not will change, perhaps permanently. For the absolutely certain that it also goes to limits, we will not sustain. first time ever, an industry conditioned to all of the airports and is disseminated, I hold the bill up with an amend- growth will have to find a way to shrink to because there is some question that ment. I was prepared, but I have been profitability. It will take a lot of Yankee in- they had some information about the talked out of it by the leadership, to genuity to find that path, and many will not succeed. 9–11 attack ahead of time but it was have the airline security measure that Third, the catastrophe last week and our not properly dispensed among those re- could be passed this afternoon in the government’s response to it have served to sponsible. House and Senate. raise the perceived potential liabilities of op- The bill provides for hijack training The PRESIDING OFFICER. The time erating an airline while simultaneously re- for the flight crew. It calls for back- of the Senator has expired. ducing the availability of insurance for that

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9582 CONGRESSIONAL RECORD — SENATE September 21, 2001 risk. This means that airline shareholders, the state of war resulting from it. The indus- I yield the floor. creditors, and potentially even the officers try’s insurance arrangements are not ade- The PRESIDING OFFICER. The Sen- and directors of these carriers are being quate to deal with this situation, and the ator from Massachusetts. asked to bear the risk of potentially cata- war risk is effectively uninsurable at Mr. WELLSTONE. Could I ask for 10 strophic losses: an unprecedented and highly present. This has the potential to paralyze seconds? I ask unanimous consent, fol- disruptive situation. the industry as investors and creditors are Finance, the industry I participate in, has faced with the potential of catastrophic loss. lowing the Senator from Illinois, I be always had a big role to play in this industry This is an impossible situation for investors allowed to speak. because its persistent growth, capital inten- to grapple with. The PRESIDING OFFICER. Are you sity, fierce competition and low profit mar- Clarity, liquidity, liability. Address these propounding a unanimous consent re- gins mean lots of external capital needs to be issues and we’re in business. quest? raised: about $10 billion so far this year. Be- Mr. HOLLINGS. I will start on page Mr. WELLSTONE. Yes, that after the cause the airplanes can be deployed any- where in the world, have long useful lives 3: Senator from Illinois, I be allowed to and a long history of holding their value, the First, the cash losses suffered while the in- speak. vast proportion of the capital raised is in the dustry was grounded and as it rebuilds this The PRESIDING OFFICER. Without form of long-term debt secured by these air- week are weakening an industry already objection, it is so ordered. craft. This form of financing keeps annual made vulnerable by a weakened economy. The Senator from Massachusetts is ownership costs low and has generally been This measure is not going to save a recognized. available in large amounts in virtually all couple of airlines, in this Senator’s Mr. KERRY. Madam President, I operating environments, allowing airlines to opinion. thank the distinguished chairman of fulfill purchase commitments even when Continuing: business is bad. It also means that the air- the Senate Commerce Committee for lines have accumulated enormous debt serv- Second, the reduction in demand caused by his leadership on this issue over a num- ice and lease payment burdens which will the loss of passenger confidence impact on ber of years. It has been almost 10 not diminish soon. travel times caused by the security guide- years that the Senate in committee We, in our industry, are eager to get back lines necessary to restore that confidence, has been advocating at many levels the to the business of financing this industry, as coupled with the increased operating costs and lower fleet utilization that those same notion of the federalizing of airport se- we are eager to get back to business gen- curity. I guess it is part of the nature erally. It is our livelihood. The rebuilding of safety guidelines are likely to require, this industry will generate terrific invest- means that the profit model for the industry of all Members not to mention just the ment opportunities which will attract the will change, perhaps permanently. For the nature of our politics, that sometimes capital necessary to fund the future of this first time ever an industry conditioned to things of good common sense don’t industry and eventually supplant the aid you growth will have to find a way to shrink to happen for inertia, for indifference, for are considering. profitability. It will take a lot of Yankee in- other interests that weigh in, until The fact that these investments will be genuity to find that path, and many will not there is a tragedy such as we experi- succeed. risky does not necessarily diminish their ap- enced a week ago. peal. The assessment of risk and speculation Third, the catastrophe last week and our about an uncertain future are at the core of government’s response to it have served to The Senator from South Carolina has the investing process. There are, however, raise the perceived potential liabilities of op- talked for a moment about the issue of some types of risks that financial markets erating an airline while simultaneously re- the finances of our airlines. I empha- find hard to deal with which the current sit- ducing the availability of insurance for that size that we obviously need to do some- uation contains, and act as barriers to re- risk. This means that airline shareholders, thing and do it fast. But that some- starting the investing process. creditors, and potentially even the officers thing has to be smart. That something For example, the more stringent security and directors of these carriers are being has to recognize the distinction be- procedures which are essential to attracting asked to bear the risk of potentially cata- passengers back to the airlines will be costly strophic losses; an unprecedented and highly tween the airline industry that existed and disruptive, but we don’t know how much disruptive situation. on September 10 and the airline indus- because we don’t understand them yet nor do Finance, the industry I participate in, has try that was impacted on September 11 we know who will bear the costs. Clarity on always had a big role to play in this industry and what happens as a consequence the ‘‘rules of the game’’ will be essential for because its persistent growth, capital inten- there of. It is clear that prior to Sep- the investment community to begin to as- sity, fierce competition and low profit mar- tember 11, the airline industry was al- sess rationally the future of the industry and gins mean lots of external capital needs to be ready experiencing a significant down- its various participants. Until the rules are raised: About $10 billion so far this year. Be- clear, investors will put their brains to work cause the airplanes can be deployed any- turn in passengers and ridership be- elsewhere. Since this issue also affects the where in the world, have long useful lives cause of the state of the economy. That likely size of the fleet for the foreseeable fu- and a long history of holding their value, the has now been exacerbated a ture, it makes the value of aircraft the bed- vast proportion of the capital raised is in the hundredfold. rock collateral for much of the industry’s fi- form of long-term debt secured by these air- I say to my fellow Americans today nancing, also hard to determine. craft. as forcefully as I can, there is no rea- Second, investors are conditioned to as- Madam President, jumping forward: son not to fly in an airplane in the con- sessing management turnaround plans and placing their bets, but liquidity concerns Second, investors are conditioned to as- tinental United States or to fly out of will make analysis again difficult. ‘‘Shrink- sessing management turnaround plans and the United States in today’s system. ing to profitability’’ is a new concept in the placing their bets, but liquidity concerns There really isn’t. That system is safer airline industry. Given the rigidity of airline will make analysis again difficult. ‘‘Shrink- than the air system has been in years. cost structures in both capital and labor, it ing to profitability’’ is a new concept in the The scrutiny level already in our air- will take a long time, years for a turnaround airline industry. Given the rigidity of airline cost structures in both capital and labor, it ports today is significantly higher than to take place. No airline has anything like it has ever been. The level of safety the resources necessary to fund this turn- will take a long time, years, for a turn- around and investors in the current poor around to take place. No airline has any- today as a result of the redundancy of general investment climate are not likely to thing like the resources necessary to fund checks and the level of concern by air bet on a company’s ability to raise money in this turnaround. marshals and State police, local police, the future to fund its plan. Therefore an- Madam President, we are going to do and others is raised to the highest level other, necessary condition to getting private our best at the Washington level to re- it has ever been in our country. It is capital moving back into this industry is to instill confidence in airlines, their op- safe to fly in aircraft in the United give the airlines access to sufficient liquid- eration, and, more particularly, the States today. It may be that some peo- ity to fund a turnaround, so that investors can focus on the business risks they under- airline traveling public. We have been ple in this country would deem most of stand. watching it day by day, and incremen- those in Washington expendable any- It is in the nature of these support ar- tally we have to address the insurance way, but if it is any consolation, Sen- rangements that, if the process goes as in- problem, we have to address the war- ators, Congressmen, and others are fly- tended, much of this support will not be used rant problem with respect to payments ing those planes now, and the Amer- because it will act as a catalyst for private to dividend. ican public should not hesitate to do capital to flow to the industry and take back I am not worried about the pay of the from the government the role of financing so. the industry. airline executives right now; I am wor- Here is also a truth, a reality. We can Third, new kinds of liability issues have ried about more substantial things for do things that create almost a fail-safe arisen because of the catastrophe itself and the moment. capacity, that raise the scrutiny level

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Given that the airlines are the Senator from South Carolina, Mr. would have the ability to wreak havoc working, hopefully, for profit and this HOLLINGS, Mr. MCCAIN, myself, and and chaos and mayhem in the area of affects the profit line, and therefore af- others to the floor today to introduce their choice. fects the kind of bids and expenses they an airport security bill that will, in But we have the ability to do some- are willing to put out in it, we should fact, raise the level to the point where thing to make it safe to fly, beyond guarantee to Americans that security there is no excuse for anybody having any doubts whatsoever, beyond what I at our airports is not going to be sub- any fear or any sense of dread about think is the extraordinary level of safe- ject to the bottom line of an industry flying. ty that exists today. One of the things that is already in difficulties. It is How do we do that? Let me remind that would give greater confidence to going to be subject only to the judg- people that what happened last Tues- our fellow citizens is the awareness ment of our public officials about what day was not high technology, nor was that all across this country there is a offers the greatest level of security. it even force at the end of a gun barrel standardized, uniform system by which In the legislation that Chairman or a bomb that had somehow gone people are being screened as they come HOLLINGS and Ranking Member MCCAIN through and evaded security. In fact, to an airport, not some individual com- and I and others on the committee are everything that was used as a weapon pany in Boston and a different com- offering today, we are suggesting the was used within the permissiveness of pany in New York and a different com- establishment of a Deputy Adminis- the system as it existed then. It wasn’t pany in another city with different su- trator at the FAA for airport security. as if somebody walked through secu- pervisors and no accountability across We establish an Aviation Security rity and had a weapon that wasn’t de- the board except to those particular Council with the FAA, the Department tected. What these terrorists evidently airports and to some Federal standard of Justice, the Department of Defense, did was use terror in a low-tech way as which is not applied in a Federal way. and the CIA, to coordinate national se- effectively and as deviously, as hid- It seems to me we could guarantee curity intelligence and aviation secu- eously, as any of us could ever have that safety. A lot of people in America rity information and make rec- imagined; using a box cutter, using a are not aware of it, but the turnover ommendations. minimalist kind of weapon, they man- rate of the current employment of We require the strengthening of aged to terrorize flight attendants and those security operators is simply un- cockpit doors and locks with limited terrorize passengers who, up until that acceptable: in some places 100-percent access to the cockpit so every pas- point in time, had an understanding of turnover, 200-percent, 300-percent turn- senger who boards an aircraft will hijacking that you sort of behave. You over within the span of a year. And know that unless it is at the choice of try not to unsettle the hijackers. In that is even among supervisors. the pilots, no person will enter that fact, the tapes that were used by the If we federalize the process we not cockpit from the time they leave the flight attendants were 1970 tapes, a 1- only have the opportunity to hire peo- gate until the time they arrive at their hour tape that taught them to try to ple at a decent wage, to guarantee the destination. calm the hijackers and perhaps per- continuity, to guarantee the level of We increase the number of Federal suade them to seek political asylum, or supervision, but we also will have an air marshals so people will know that at least not to harm the passengers ability to do one of the most critical while riding an aircraft, particularly while they took them to Cuba or took things now. We recognize that airport those with the greatest potential of di- them to some other country. security is also a matter of national se- version, they would be protected by the What we learned on September 11 was curity. If it is a matter of national se- use of Federal air marshals riding in that now there is a completely dif- curity, then those airport personnel the air with them. ferent strategy that we now know peo- have to work within a system that has We federalize the overall airport se- ple are willing to employ. Someone is the ability to share information that curity operations, providing improved willing to commit suicide and try to comes from law enforcement, informa- training and testing for screening per- take over an airplane and use it as a tion that comes from national secu- sonnel. weapon. rity—the CIA, NSA, FBI, Defense De- We improve the screening procedures The task now is to make certain that partment. for passengers, checking passengers’ no one can again use an airplane as a If someone is on a watch list or if names against a coordinated list com- weapon. I again point out that, in an someone is a frequent flier with pat- prised of criminal, national security, act of absolutely extraordinary her- terns that raise suspicion because of intelligence, and INS information. I oism, three American citizens who those prior trips and travels—which, might add, the INS component is a were informed of the change in tactic, incidentally, do show up in your pass- critical component in the context of who were told by loved ones on the port check when you come through security. ground that the planes prior to them INS, and you can begin to make those We will provide new and modern hi- had been used as weapons, understood determinations but there is no such jack training for flight crews based on the new equation. They understood similar kind of cross-tabulation or what we now understand to be the that they were faced with the potential verification in the processing of pas- threat. We perform background checks of imminent death and, if that was sengers’ manifests and flights—in a vir- on students at flight schools. We in- true, they were going to take matters tual world where we have computers at crease perimeter security at airports into their own hands. our fingertips with instantaneous com- and air traffic facilities, and we au- I think that forever changes the munication of the Internet, shame on thorize the funds to carry out these equation with respect to the potential us for not having a system that has initiatives. of an aircraft again being used as a that kind of cross-pollination between Let me echo what has been said here directable weapon by someone moving our law enforcement agencies and secu- previously. We can pass a bill that pro- into the cockpit, taking over and actu- rity agencies across the Nation. vides funding for the airlines through ally flying the aircraft, using it as an This is now a matter of law enforce- these next weeks. But we need the pas- instrument with specific targeting. ment and national security. The only sengers of this country to come back to It may well be that through some ex- way to raise the airport security issue those airlines. I reiterate, I am con- traordinary lapse, even after all the se- to that level is to federalize the proc- vinced—I know the Senator from Flor- curity measures, although it is hard to ess. ida is; he has flown commercially in imagine how that might be if we do our We are here to talk about how we are the last days, as have others—this air- jobs properly, someone might be able going to bail out or help the airlines. line system is safe to fly today. But to to terrorize passengers. But they could The airlines pay $1 billion a year for whatever degree our fellow citizens walk into any restaurant anytime, their security costs. So if the Federal doubt that, we need to guarantee they

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But taurants, the hotels, the entertainment to pilots and people who know what mainly I want the people of America to industry, the travel industry—all those needs to be done to close the know we are addressing security in the ancillary spinoff industries that depend vulnerabilities that we saw on Sep- air and we will do something very on people flying the aircraft of our var- tember 11. In fact, the bill that is being shortly, as we are also trying to shore ious entities in this country. introduced today, of which I am a co- up our airlines. We will not let our I believe this legislation, while we sponsor, has many of the items I have transportation system fail. If we do, will not vote on it today, is imperative proposed in the past and certainly the terrorists will have won. The ter- to move on as rapidly as the legislation think we must pass today. We must rorists are not going to beat the United that we are moving on today with the have sky marshals in the air. In fact, I States of America. hopes that we will be able to guarantee applaud the Attorney General for put- Thank you, Mr. President. to every one of our citizens the full as- ting sky marshals on many of our f surance of every level of safety that flights around the country. They are in UNANIMOUS CONSENT REQUEST— they expect. I hope we will do that as plain clothes. Most people would not S. 1450 rapidly as possible. know they are on a flight. But we do I yield the floor. indeed have armed sky marshals on Mr. DASCHLE. Mr. President, I ask The PRESIDING OFFICER (Mr. many of the flights that are in the air unanimous consent that the Senate AKAKA). Under the previous order, the as we speak. But we want to make now proceed to S. 1450, the aviation as- Senator from Illinois is to be recog- them permanent. We want to make sistance and security bill; that no nized. amendments or motions be in order to Mrs. HUTCHISON. Mr. President, sure we have sky marshals on virtually every flight, and possibly every flight the bill; that there be 1 hour for debate parliamentary inquiry: I would like to equally divided between the two lead- ask if the Senator from Illinois would later down the road. We need to assure the passengers ers or their designees, with an addi- allow me to speak for 5 minutes on the that there is a certified peace officer tional 15 minutes under the control of aviation security bill on which I am a onboard who is trained to do what is Senator BYRD, with 10 minutes for Sen- cosponsor with Senators HOLLINGS, necessary to deal with the crime that ator KENNEDY; that at the conclusion KERRY, and MCCAIN, if the Senator is committed in the air. or yielding back of the time, the bill be from Minnesota will agree. The second major provision in this read a third time and the Senate vote The PRESIDING OFFICER. Is there bill that I think we must do is upgrade without intervening action or debate objection? on final passage of the bill. Mr. WELLSTONE. Mr. President, I the screening. We will upgrade the I further ask unanimous consent that ask unanimous consent to follow the equipment, and we will upgrade per- when the Senate receives from the Senator from Texas. sonnel education and training. We all The PRESIDING OFFICER. Without know the screeners have been hired by House its companion bill, it be imme- objection, it is so ordered. contractors. They have high turnover diately considered, read a third time, The Senator from Texas. rates. They do not have the experience and passed, provided it is identical to Mrs. HUTCHISON. Mr. President, I that we would expect in screening. We the Senate-passed bill. thank the Senator from Minnesota. have seen pictures of things that have I further ask unanimous consent that I rise to speak on behalf of the avia- gone through the screens and gotten once the House bill has been enacted tion security bill that has been intro- onto an airplane that are just not ap- into law, provided it is identical to the duced by the distinguished Senator propriate. We want to stop that from Senate measure, then action on the from South Carolina, Mr. HOLLINGS; happening. Senate bill be vitiated and the measure Senator MCCAIN, the distinguished That is why upgrading the screeners then be indefinitely postponed. ranking Member of the Commerce is important. I think they should be a The PRESIDING OFFICER. Is there Committee, the Senator from Massa- part of a Federal system of security. objection? chusetts, and myself. This is very We are going to put some kind of bar- Mr. FITZGERALD. I object. much a part of the overall program rier between the pilots and the rest of The PRESIDING OFFICER. Objec- that we are putting forward. the airplane so that someone would not tion is heard. The bill we will probably vote on be able to penetrate a cockpit, as so The Senator from Minnesota. today is the finance part of the pack- sadly happened on September 11. We f age. I think most Americans agree we will have a Deputy FAA Administrator AVIATION SAFETY cannot allow our aviation industry to in charge of aviation security so that fall. So we are going to pass, I hope we will have one person in charge of all Mr. WELLSTONE. Mr. President, I very shortly, a measure that will help of aviation security. believe this Transportation Safety Act, our airlines get over the hump until It is my hope that we would start which I know Senator HOLLINGS and the people have the security to come with entry-level screeners, and that it others are going to introduce very back and fly. would be a career path for the aviation soon, will certainly pass with strong The aviation security bill that we are security department which would in- support. introducing today, that I hope we will clude graduating to become a sky mar- First of all, I ask unanimous consent be able to pass early next week or the shal, staying in the system with a ca- to be added as an original cosponsor of following week, is very much a part of reer in the system so we could have this piece of legislation. airlines getting back to normal. I more trained and experienced people. The PRESIDING OFFICER. Without think the flying public wants to come Those are some of the important objection, it is so ordered. back. Aviation is an important part of points that are in this bill. I know Mr. WELLSTONE. Mr. President, the our economy and our way of life and some people disagree with certain parts Senator from South Carolina is abso- our commerce. of this bill. But it is a great start. It is lutely right. Not only does safety have The way we are going to draw them an important start for rehabilitating to be there with the money, but the back is to have the security in place so our airline industry. fact is, without the safety, people they know they will be safe when they If we have the security, people will aren’t going to fly. If they don’t fly, we get to the airport and board an air- fly. People love to fly. We had 600 mil- are never going to have this industry plane. But in the interim, until we are lion people fly last year. We can build financially viable. It is that simple. able to put all of these things in place, back to that number if we have the se- You can see it traveling around the we need the financial aid package that curity for passengers. The convenience country right now. There are very few is before us today. will be there. It is going to take a little people at the airports. People are quite I am very pleased that under the longer going through the airport, but I frightened. We have to absolutely pass chairmanship of Senator HOLLINGS we think people are willing to wait a little this bill. I think it should be in this

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9585 package right here. But we will be Mr. NELSON of Florida. Mr. Presi- Once we get through and decide on coming back to this very soon, and I dent, I ask unanimous consent that I this first package—hopefully we will think the sooner the better. be recognized for 5 minutes. It is my enact it this afternoon—then there are There were some provisions that I understanding, under a previous order, going to be many steps in this journey. desperately wanted to see in this bill. I that the Senator from Illinois has There are collateral industries that know the Senator from South Carolina time. If he is not ready, then I ask have been decimated. Clearly, all of and others tried with all their might. I unanimous consent that I be recog- these other collateral industries, such know Senator DASCHLE did. There were nized for 5 minutes prior to him. as hotels, restaurants, tourist attrac- negotiations late into the evening. The PRESIDING OFFICER. Without tions, car rental agencies—and I have From my point of view, this language objection, it is so ordered. three of the Nation’s largest that are is essential to air service. I want to Mr. NELSON of Florida. Mr. Presi- headquartered in the State of Florida: make sure that gets lived up to. dent, as we consider a major compo- Alamo, National, and Budget Rent A A good part of our State is rural. We nent of America’s economic engine and Car companies are headquartered in don’t want our smaller airports left what to do about it, clearly there are the State of Florida. You can imagine, out. two things that stand out and that with 50 percent of their business now On the question of general aviation came out of our Commerce Committee not coming in the door, what is hap- and VFR, there are a lot of people hearing yesterday chaired by Senator pening to their financial obligations, hurting right now. I traveled in a small HOLLINGS. and to the obligations they have to plane this last weekend. They are hav- For the airlines to be able to fly banks on loan payments, and their ob- ing to lay off people. We don’t have any again financially solvent, the security ligations to the salaries of their em- protections for them. We will get back measures must be put into place so ployees. to that next week. that the American public has con- So as we get on down the road, I But the final point I want to make is fidence to fly again. think what we are going to discover is, that we had, I think, about a $3.7 bil- I personally think it is safe to fly. I first and foremost, we have to get the lion package that dealt with all the flew Monday night to Orlando, and airline industry back in the air oper- people who are being laid off. North- there were only 10 people on the plane. ating with fairly full loads, so the eco- west Airlines just announced that Happily, when I flew back from Flor- nomic engine is working and so it is 10,000 people will be laid off. Half of ida, from Tampa to Washington on supplying all of the air traffic that them are in the State of Minnesota. Tuesday night, there were 40 people on feeds so many of these other collateral Frankly, look at the economy. the plane. My recommendation on the industries, such as car rentals, such as There are an awful lot of people in a basis of going to two major airports in hotels, such as convention centers, world of economic pain. I believe what Florida, checking all of their security such as restaurants. Once that package should have been in this package—I arrangements, is that the security ap- has been firmly established—and I hope know there were Representatives on paratus is beginning to work. It didn’t this gathering right here in this Senate the House side who resisted this, talk- work on September 11. ing about the companies, yes—is the The first part of restoring this indus- is bringing reasonable men together so extending of unemployment benefits try to health is security, so that we they might agree—then I think in the and making sure people have access to can get people back in the airplanes very near future—and I am talking job training, that there is a dislocated and the American public flying again. about next week—we can address some worker focus. That, of course, has been amply dem- of these other collateral industries The most frightening thing of all, onstrated by our discussion today. I am that desperately need help. next to losing your job, is that you a cosponsor of this bill. Today we are going to proceed with then lose your health care coverage. The second component that came out the debate on the aviation security COBRA is too expensive. I wish we had of our hearing was that the airlines, in bill. I don’t think there is going to be something better. For so many of these order to be able to operate, have to a lot of disagreement on that. I think employees, this is going to be critically have insurance that is available and af- it clearly will reestablish in the important. fordable. That is what is creating the public’s mind that it is safe to travel. These are going to be some really crisis right now, that several of the in- Indeed, I am going to demonstrate that hard times for people. As one Senator surance carriers are about to yank the with my own feet tonight when I walk from the State of Minnesota, I am real- coverage from the airlines. Of course, on to another commercial airliner. I ly disappointed we did not get this in- the airlines will be grounded if that is really do believe it is safe. By the way, cluded. I know the Senate majority going to occur. if you need to fly, now is the time to leader, Mr. DASCHLE, said this would be That is what is so important in this fly because there are no lines. But in a first priority. I know Senator HOL- package that is coming out that the addition, it is my hope that we are LINGS has said that. We have to come majority leader and the Republican going to have agreement here so we back next week and we have to focus leader are about to describe, a compo- can proceed with this financial pack- on these employees. We have to make nent of victims’ compensation which age to give the aviation industry the sure we provide the help to them and would eliminate a lot of the uncer- security it needs and, thus, the insur- to their families. That has to be part of tainty about all that collateral damage ance industry will not start canceling a relief package. We have to move fast that had been done as a result of the their insurance starting Monday and now. We couldn’t get it in today. It will World Trade Center being rammed by Tuesday. It is absolutely essential, and be in next week or it will be in as soon those two jet liners and where would be it is essential for one more reason: be- as possible. It must be. the source of that funding. cause we don’t want the terrorists to Last point: We have all these huge Preliminarily, for the leaders to dis- win. If they disrupt our economy, if issues staring us in the face. When I cuss what has been agreed upon as a they cause financial distress to a major flew out here, I was talking to some of first step—and I do believe this is a component of America’s economic en- the employees of Northwest. I said: first step in a long journey, as we re- gine, then they will have scored a vic- How are you doing? They said: We are turn to normality in our airline traffic tory. But we are not going to let them. holding on. They meant about the system, a very big, essential first That is why this great democracy is world they live in. Everybody is very step—the American public, the Amer- functioning as it is to provide the need- worried. Everybody is very resolute. ican traveling public, has to be a major ed help. Everybody is very worried. But they component. They have to have the con- I thank the Chair for the opportunity also meant: We are afraid we are going fidence that they are going to be safe for me to share. I thank the chairman to lose our jobs. I am sure a number of when they get back into air travel. of the committee, Senator HOLLINGS. I those people now have lost their jobs. A major component of economic res- thank the ranking member, Senator We have to provide help for them. toration in this country is hanging in MCCAIN. It was an excellent all-day I yield the floor. the balance. I am going to discuss why hearing yesterday in the Commerce The PRESIDING OFFICER. The Sen- I think this is of critical importance to Committee. ator from Florida is recognized. the country. I yield the floor.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9586 CONGRESSIONAL RECORD — SENATE September 21, 2001 The PRESIDING OFFICER. The Sen- they are from New York, New Jersey, sional marshals but will augment that ator from Kentucky is recognized. Virginia, or any other State. program with Deputy Federal Air Mar- Mr. MCCONNELL. Mr. President, I I am glad we acted in 1996 to protect shals drawn from retired military per- have a few observations to make and the emotionally vulnerable from those sonnel, as well as active or retired Fed- then the Senator from Arizona, Mr. in the legal community who do not eral, State, and local law enforcement KYL, is here as well. He would like to have their best interests at heart. I am officers—anyone from a DEA agent to a follow after me. glad we acted again in 2000 to extend local law enforcement officer who I want to say a few words in support the bereavement time from 30 to 45 wants to serve his country by securing of the Air Transportation System Sta- days. This gives the relatives of vic- our airports and aircraft. It is also cru- bilization Act, which we will pass, tims time to find their loved ones, ar- cial that we retain a sufficient measure hopefully, in the Senate shortly. My range for burial, and come to grips of cost-sharing with private and state only concern with this bill is that the with their loss. And I want to make and local entities. Private airlines and Federal Government is not doing all it sure that the victims and their families airport authorities should share a re- should for the victims of this tragedy know that, as we speak, Federal law sponsibility, as they do now, to help with respect to their legal remedies. protects them in this fashion. This is a fund a portion of airport security. Specifically, there is no limit in this Federal Government guarantee to in- We actually already have models in legislation on the amount of lawyer nocent victims that all aggrieved fami- place for the type of curbside to cock- fees that personal injury lawyers can lies will be protected until Friday, Oc- pit security envisioned in this bill. Our receive for filing lawsuits, either in ab- tober 26, from any contact whatsoever federal courthouses currently are se- solute terms or as a percentage of the on the part of lawyers seeking to rep- cured by our United States Marshals, victim’s recovery. In other words, resent those who have been victims of who also employ Court Security Offi- there is no guarantee that the victims this disaster. cers (CSOs) to provide security around or their families will receive an I wish the legislation had included at the perimeter of the building, at each amount of the damages awarded to en- least a 25-percent cap on fees, such as point of entry, and in the courtrooms sure that the personal injury lawyers is already the case in the Federal Tort themselves. These CSO are themselves do not end up taking the lion’s share of Claims Act today. Already today, in retired Federal, State, and local law the award. the Federal Tort Claims Act, there is a enforcement personnel. Part of the rea- I think this is, in short, completely 25-percent cap on legal fees. I wish that son our courthouses are so secure wrong, particularly when this legisla- had been applied to this bill. At least today is that this unified system pro- tion caps the compensation of airline we do have the bereavement rule in ex- vides for layers of security far before executives relative to the aid package. isting law to protect the victims of this one enters the actual courtroom. This Bear in mind, what we have in the un- disaster from being contacted by law- is perhaps why Americans have so lit- derlying bill is a cap on airline execu- yers for 45 days, and that will go up tle to fear today when they walk inside tives’ compensation but no cap on per- until October 26. a federal courtroom. What is good for sonal injury lawyer fees. It is right I commend the Senator from South our federal judges is good for all Amer- that we are going to make sure airline Carolina for his legislation regarding icans. Our nation’s Capitol also is se- executives do not take advantage of airport safety. There is no question cured by a uniform system of federal this terrible tragedy, but we should that we need to make thoughtful and officers who patrol from the interior of also make sure personal injury lawyers sweeping changes to help ensure that this chamber to the surrounding neigh- do not unduly profit from other peo- the tragedy of September 11 never oc- borhood sidewalks. Our democracy now ple’s miseries. I am relieved, however, curs again. demands, in the interest of our na- that there is already in Federal law a I would also like to commend the tional security, that we make sure our bereavement rule in effect that will Senator from Arizona and the Senator cockpits are every bit as secure as our protect victims and families from from Texas for their leadership on this courthouses and this chamber. being chased down and harangued by issue. Yesterday, I introduced legisla- I believe we should entrust this na- insensitive and opportunistic lawyers. tion that had a similar purpose to ex- tional security item with the re- Specifically, 49 U.S.C., section 1136 pand airport and airplane security. sources, expertise, and experience of (g)(2) protects victims of a commercial The legislation I introduced yester- our Nation’s top law enforcement agen- airline disaster and their families from day, however, took a different ap- cy, and that we do so immediately. I look forward to ongoing discussions unsolicited contact from lawyers for 45 proach by placing the primary respon- with my colleagues who serve on the days after a disaster. In other words, sibility for an expanded Federal Air Commerce Committee and the Judici- already under Federal law—I remind Marshal program with the Attorney ary Committee. I think we can work all of those who are concerned about General, as our nation’s top law en- together to produce a thoughtful and the victims that there is a 45-day pe- forcement official. I firmly believe that effective airline security law. riod from the day of the disaster during we need a comprehensive Federal Air which, under this bereavement rule, Mr. President, I yield the floor. Marshal program to secure airports The PRESIDING OFFICER. The Sen- lawyers are not to contact the families from curbside to cockpit. ator from Arizona is recognized. of victims of planes that have been So, the fundamental difference be- Mr. KYL. Mr. President, I wish to lost. tween my approach and the Committee speak on this bill and to add my voice It provides in relevant part that in approach is that my legislation would to those who have pointed out how the event of an accident involving an relieve the obligations of airport secu- critical it is that the U.S. Government air carrier providing interstate or for- rity from the FAA and the airlines, support our airline industry. eign air transportation: whose primary purpose is to facilitate I share some concerns, such as those No unsolicited communication concerning and manage air travel, and entrust expressed by the Senator from Ken- a potential action for personal injury or that obligation to the Department of tucky. There are other concerns that wrongful death may be made by an attorney Justice, whose primary mission is to (including an associate, agent, employee, or others have expressed that also have other representative of an attorney) or any enforce federal law, and most impor- merit. I will note in a moment why I potential party to the litigation to the indi- tantly, to safeguard and protect us am very concerned about a provision of vidual injured in the accident, or to a rel- from terrorism. the bill. I would not have written it the ative of an individual involved in the acci- Obviously this new Federal Air Mar- way it is written, but I think fun- dent, before the 45th day following the date shals program will require additional damentally the U.S. Government must of the accident. manpower and financial resources. And support our airlines at this critical Let me repeat: For 45 days after this that is where we intend to harness the time. tragedy, Federal law protects the vic- volunteer spirit espoused by so many of Everyone knows what happened on tims and their families from unsolic- our law enforcement personnel September 11. Everybody knows that ited contact and harassment by law- throughout the country. The new Fed- as a result the U.S. Government shut yers or their agents. And this protec- eral Air Marshals program not only down the airlines—no more air travel tion applies to all victims, whether will recruit new full-time active profes- until we deemed it was safe.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9587 That shutdown resulted in huge ers in a free market. That is not right. But it has also served to keep the losses to our airlines, not just for the One can say it is not a free market if older, larger airlines’ fares within a days those airlines were down, but we the Government guarantees loans, but reasonable level. have seen a continuation of a reluc- the Government is supposed to be guar- I happen to fly a couple of these tance of people to fly, a diminution in anteeing these loans on an equal basis older, larger airlines a lot, and I love the revenues of these airlines, fewer to everybody. It should not be deciding them. They have provided very good flights, people laid off and, frankly, the which companies to favor and which service, and I want to help them, but I possibility of a spiraling down of this ones not to favor. think they would agree that it would industry to the point that it could af- That is my concern about the possi- not be fair simply because of a dif- fect many other facets of our economy bility that because there is no formula ference in size or age, therefore rep- and drive our GNP down to an unac- for the loan guarantees, some Federal resenting different circumstances, that ceptable level. official is going to literally be picking one airline should be preferred over an- In my State, which depends a lot on winners and losers. They certainly other airline in terms of the ability to tourism—either everyone has come to would not do that on the basis of some get these loans. Arizona for a vacation or would like to, prejudice. I am not suggesting that. In- The legislation has embodied within I suspect, just as they would for the stead, they would argue they need to it total discretion on the part of the State of the Presiding Officer, States protect the taxpayers’ money. There is President and his agents in any event such as Hawaii, Nevada, Arizona—we not anybody who has been stronger in because it says that the loans that are have had a tremendous loss in our this body on that than I have been. We made under this guaranteed loan provi- tourism industry, everything from the all agree we need to protect the tax- sion are only to be offered under rules hotels and the motels, the golf courses, payers and to grant these loans on the and regulations the President deems the limousine and taxi services, and ev- basis that they are going to be repaid, necessary—no other further restric- erything else connected with it. Those obviously so the taxpayers are not left tions. losses are going to be extraordinary holding the bag. Therein lies the rub The reality is, if the President of the and a huge drag on our economy if peo- because some airlines are different United States wants to say: I want to ple do not begin to have confidence from other airlines in terms of what make sure the taxpayers get their that they can fly in safety at reason- they can show the bank. Let me give money back, so I am going to require a able fares. an example. condition of X, he can do that. The That brings up the concern I have The older, larger, well-established ability, however, to do that should not about the legislation. We need to sup- airlines have what is called collateral. be confused with the ability of an air- port this industry. I think we are going They have assets they can pledge as line to say: Even though the President to pass this legislation overwhelm- collateral for the loans. They go to the has total discretion to grant terms and ingly. I hope so. I look forward to sup- bank and say: We need to borrow $200 conditions that we may not be able to porting it. I want to issue a warning million, and we promise, if we do not satisfy, if there is a formula involved, about the way this will be implemented pay it back, you can have these three we at least have the right to go to the because the administration will have a airplanes worth $200 million. That is banks or other lenders and say: Under fork in the road and they will have to probably way off, but you get my the legislation, we are, in effect, guar- choose which path to follow. I am point. anteed the right to apply for 3 percent going to argue strongly for the first The newer airlines have not estab- or 5 percent, or whatever that percent- path rather than the second, and I lished the collateral, the asset base age is, of the available loans, and want to explain why. which enables them to pledge to the therefore would you, please, based upon This bill actually provides, among bank that if their loan defaults, they that commitment of the Federal Gov- other things, some financial relief for have all these assets with which they ernment, lend us that money? There is the airlines of two different kinds. The can repay the loan. Instead, the newer at least a right to apply for a certain first is $5 billion of grants. This is to airlines have financed themselves amount of money to borrow. There is make up for the immediate loss to the based upon the projection of future rev- no guarantee the Government is going airlines when the Federal Government enues, and future revenues have, obvi- to approve the terms of the loan, but shut them down. That is fair. Every- ously, panned out in most cases. So there is at least the right to do that. body agrees with that. There is a for- they have been able to obtain financ- That is what returning the formula to mula for that based on passenger miles ing, too. the legislation would do. and some other factors that have been I will give an example. An airline Senator MCCAIN and I have consid- agreed to by the airline industry. headquartered in my State, America ered offering an amendment to that ef- That same formula was supposed to West Airlines, which is 9th or 10th in fect. We know the leadership would apply to the subsequent loan guaran- the country, but a relatively new air- like to consider the bill without tees. The bill has $10 billion of loan line, had just obtained a commitment amendments, and we are willing to pro- guarantees. The industry wanted more, for a $200 million line of credit based ceed on that basis if everyone else is as but there is $10 billion of loan guaran- upon future expected revenues. That well. tees in the bill. That is also very im- was set to go through on September 11, What I am saying to our leadership, portant for the industry because be- when the bottom fell out. Obviously, to you, Mr. President, and to anybody sides getting over the immediate hump no lender under the current cir- in the administration who will listen, of those revenue losses, they need to cumstances wants to lend to anybody. is we are willing to cooperate on this, make themselves whole again by going That is why we are talking about guar- and, on behalf of the people we rep- out to the financial market and financ- anteed loans. resent, we are willing to be coopera- ing their future needs until the fares There are those who say these loans tive, but we plead with them that for begin to make up for that lost revenue. should be based on some collateral, good public policy, they need to appre- To do that, they need the backing of something very specific and definite, or ciate the differences among the air- the U.S. Government because most of else the Federal Government should lines, the fact that some can do one them cannot convince lenders at this not be in the business of guaranteeing thing, others can do another, and that point that they are a good credit risk, the loan. That would cut out certain this Government should not be in the for all of the obvious reasons of which companies, the very companies that business of literally picking winners we are aware. offer the primary competition to these and losers, the result of which could be The administration did not want the older, larger airlines to keep the fares to drive companies into bankruptcy. I formula to apply to the loan guaran- low. do not think anybody wants that on tees and has fought very hard to take The reason these newer airlines have their hands. that formula out. This is regrettable succeeded is that they have been able In the granting of these loans, I hope because it suggests the possibility that to offer low-fare service, and the net it will be done in such a way that they this administration will actually in- result has been a lot of people have do not disadvantage certain companies volve itself in picking winners and los- gone to these newer, smaller airlines. with the result that they cannot stay

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9588 CONGRESSIONAL RECORD — SENATE September 21, 2001 in business. All of the industry will suf- ernment to assess and respond to the provided it is identical to the Senate fer as a result, and the American trav- needs of the aviation community. It re- measure, then action on the Senate bill elers will suffer as a result. quires the performance of background be vitiated and the measure then be in- Mr. ROCKEFELLER. Mr. President, I checks on those seeking training in the definitely postponed. rise before you today to support the operation of large planes. This will Mr. SPECTER. Mr. President, reserv- Aviation Security Bill introduced by allow us to ensure that those who know ing the right to object, and I do not in- Senator HOLLINGS and me. As the na- how to fly our planes have the noble tend to object, for clarification, is the tion strives to recover from the tragic goals of service and self-betterment in specific time within the bill, within the events of September 11, 2001, one of the mind. All of these steps guarantee that 1-hour total? vital steps we must take to protect our air transportation will be safer and Mr. DASCHLE. Mr. President, those economy and regain our sense of na- more secure than it has ever been. would be in addition to the 1-hour total tional security is to restore full func- However, it is important to remem- as is propounded. tion and confidence to our nation’s air ber that this is only the first step. It is Mr. BOND. Mr. President, reserving transport system. We are on the verge crucial that we take immediate, but the right to object, and I will not ob- of passing a large financial package to not final action. In the eleven days ject, I ask I be given 5 minutes out of aid in relieving the financial pressures since these tragic events, many com- the minority leader’s time. placed on our airlines as the result of mon-sense security solutions have Mr. DASCHLE. I so amend the re- these heinous attacks. This is a crucial emerged all over the country and on quest, Mr. President. first step in restoring consumer con- Capitol Hill. These are the solutions in- The PRESIDING OFFICER. It will be fidence in our airlines, both to the pas- cluded in this bill. Yet a longer look re- included in the request. sengers who rely on their services and mains necessary. We must continue to The Senator from Alabama. to the economy. examine aviation security, working in Mr. SESSIONS. Mr. President, re- While the financial package is of phases to implement newer and better serving the right to object, I ask for 2 critical importance, I believe the single security measures as we go. We cannot minutes. most crucial element in the airlines’ forget about smaller commercial air- Mr. DASCHLE. Mr. President, I so recovery is restoring confidence in air ports and general aviation airports. My amend the request. travel by making it as safe and secure home state of West Virginia is full of The PRESIDING OFFICER. Is there as is practical. While the financial these airports and we must ensure that any objection? Mr. NICKLES. Reserving the right to package will help the airlines recover they receive the same scrutiny and at- object, parliamentary inquiry: Are the from the short-term losses associated tention as larger airports. We must en- times that were mentioned outside of with the September 11th disasters and sure that customers in smaller mar- the 1 hour? subsequent shutdown, only the public’s kets can also travel with confidence. Mr. DASCHLE. The Senator is cor- return to air travel can guarantee their Furthermore, additional security measures for our major airlines, such rect. long-term success. Travelers must be Mr. NICKLES. I want to clarify that as limits on carry-on baggage, must confident that the United States has because I think we need to be at least also be considered. I am certain that as the most advanced, secure aviation on equal footing as far as additional we continue to examine the safety system in the world. The Aviation Se- time is concerned. I understand there issues before us, we cannot only restore curity Bill before us today is an impor- is a time request by the Senator from tant first step in restoring such con- confidence in our nation’s air transport system but, in fact, instill in the flying Illinois and others on this side, so we fidence to those in the sky and those ought to try to be equitable in the on the ground. I am proud to stand public a level of confidence even great- er than before. I ask you to join me in time. with Senator HOLLINGS to introduce The PRESIDING OFFICER. The Sen- supporting The Aviation Security Bill this momentous legislation. ator from Mississippi. and to join me in finding future solu- The Aviation Security Bill contains Mr. LOTT. Mr. President, if the Sen- tions to improve our national aviation important security measures which ator will yield, we have a commitment system. will drastically reduce the potential to Senators who wish to be heard, such for future disruptions in our nation’s The PRESIDING OFFICER. The ma- jority leader. as Senator KYL and Senator FITZ- air traffic. The bill demands the GERALD, that they will be yielded time strengthening of cockpit doors and lim- f out of the one half hour on our side. Of its access to the cockpit itself, thus as- UNANIMOUS CONSENT course, Senator HUTCHISON will be my suring that a commercial plane can AGREEMENT—S. 1450 designee to handle the time on our never again be used as a guided weapon Mr. DASCHLE. Mr. President, we are side, and she will speak also, but I urge of destruction. Only pilots will be able now at a point where I can propound the Senators to speak within the al- to allow others into the cockpit. Under this unanimous consent request. lowed time and hopefully keep the the provisions of this bill, even flight Mr. President, I ask unanimous con- total time under an hour. attendants won’t have keys. It federal- sent that the Senate now proceed to S. Mr. SPECTER. That is agreeable to izes airport security operations, im- 1450, the aviation assistance and secu- me. proving the training and testing pro- rity bill; that no amendments or mo- The PRESIDING OFFICER. The Sen- grams for screening personnel, giving tions be in order to the bill; that there ator from Missouri. these invaluable men and women the be 1 hour for debate equally divided be- Mrs. CARNAHAN. Mr. President, re- tools necessary to perform their jobs tween the two leaders, or their des- serving the right to object, our Na- properly. It increases perimeter secu- ignees, with an additional 15 minutes tion’s airlines are clearly suffering as a rity at airports, in their parking lots, under the control of Senator BYRD and result of last week’s terrorist attacks, and in air traffic facilities so that we 10 minutes for Senator KENNEDY and 5 and I express my appreciation to the can be sure at all times that only au- minutes for Senator SPECTER; that at distinguished majority leader for his thorized personnel and vehicles have the conclusion or yielding back of the efforts to craft a comprehensive pack- immediate access to our airports and time, the bill be read a third time, and age of financial assistance for the air- aircraft. Additionally, it increases the the Senate vote, without intervening lines. I am confident the leader’s ef- number of federal Air Marshals and action or debate, on final passage of forts will ensure that the attackers provides hijack training for flight the bill. who took down our buildings will not crews to make certain those in the I further ask unanimous consent that succeed in taking down the airline in- skies are equipped to deal with any sit- when the Senate receives from the dustry, too. I look forward to sup- uation that may arise after takeoff. It House its companion bill, it be imme- porting this measure. establishes a Deputy Administrator at diately considered, read a third time, I also believe we must act to bolster the Federal Aviation Administration and passed, provided it is identical to the airline industry. We must dem- for Aviation Security and establishes the Senate-passed bill. onstrate our commitment to sup- an interagency Aviation Security I further ask unanimous consent that porting the men and women who rep- Council to make it easier for the gov- once the bill has been enacted into law, resent the industry’s heart and soul.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9589 The tens of thousands of workers who There is a sufficient second. hood of 20 to 25 percent. If we do not before September 11 were flying our The yeas and nays were ordered. pass this bill, we are looking at 100-per- planes, building our planes, keeping The PRESIDING OFFICER. Who cent layoffs. We are looking not only our airports open, and serving the fly- yields time? at disaster for those people who work ing public are now facing unemploy- The Senator from Missouri, Mr. in the airline industry, those of us who ment. They will need financial assist- BOND. depend upon airline traffic to get back ance to be sure they can continue to Mrs. HUTCHISON. Mr. President, to our constituents, those who depend pay their mortgages. They may need parliamentary inquiry. upon airline travel for business, for retraining so they can find jobs in a Mr. BOND. Mr. President, I yield to recreation, and for tourism, but a risk new industry. And we ought to be sure the manager of the bill, the distin- to the entire economy. So this bill they and their families are not put in guished Senator from Texas. needs to be passed. the scary position of being without Mrs. HUTCHISON. Mr. President, are Let me also point out that last week health care coverage. As we have done we now on the bill and into my 30 min- I was in this Chamber and I said that for the airlines, the Federal Govern- utes of time? one of the key things we must include ment must take the lead in supporting The PRESIDING OFFICER. The Sen- in the airline rescue package is a care- these workers. ator is correct. fully crafted, structured means of pro- I inquire of the leader as to his Mrs. HUTCHISON. Thank you, Mr. viding compensation to the victims. thoughts on the prospect for enacting a President. I yield 5 minutes to the Sen- There is a two-part means of providing benefit package for displaced workers ator from Missouri. compensation for the families of those in the near future. The PRESIDING OFFICER. The Sen- who are deceased as a result of the ac- Mr. DASCHLE. Mr. President, let me ator from Missouri. cident and those who are injured. thank the distinguished Senator from Mr. BOND. Mr. President, I thank the There are various provisions built in Missouri for raising the issue and com- Senator from Texas for yielding me which would seem to make an option of mend her for her active involvement on time. Let me try to be quicker than 5 two structures available, and there is a this matter now for some time. She minutes. clear-cut indication that airlines will spoke eloquently about it in the cau- No. 1, while this package may not be be liable only up to the limits of their cus, and she has addressed this issue on what anyone likes, I am sure in this existing insurance coverage. a number of occasions. I share her con- body and the other body there are I thank the White House and the viction and her strong belief that we probably 535 different ideas as to what leadership for including those protec- must address the impact on employees we need to do. I hope we can come to- tions. Without them, at least two of as well. gether, the House and Senate, and de- our major airlines would not be able to Over 100,000 employees are now out of cide that we must move. I am more continue in business next week. This is work as a result of this extraordinary than willing to take what has been put critically important, as is the provi- economic problem we are facing, and together as an emergency measure and sion in the measure for direct loans to we have to address it. I indicated my urge my colleagues to support it, and those who can demonstrate their need to the Secretary of Transportation as caucus this morning that it is my to support it without amendment. well as loans which are to be struc- strong view that this is the first in- We are looking at a situation where tured by a board composed of the Sec- stallment of a series of efforts that the airline industry, which is a critical retary of Transportation, the Chair- must be made to put our economy back element in our economy, is right on man of the Federal Reserve, the Sec- on track and to address the myriad the verge—from the smallest airlines retary of the Treasury, and the Comp- other economic challenges we face, es- that need an immediate infusion of troller General. We put a great deal of pecially those involving workers and cash to make up for the losses that discretion and responsibility in the their families. So we are going to con- were sustained when the Federal Gov- hands of those very able officials. tinue to work and find ways in which ernment rightfully shut down air transportation this past week, to the While none of us may have crafted the to do that. bill exactly as it was crafted, this is I emphasize I see this only as the current time where consumer concerns our only hope to ensure we do not have first installment. We will have to go over safety have limited the flying a disaster resulting from the total back and address other issues, espe- public. We have put our entire airline industry at great risk. This bill is nec- shutdown of the airline industry. cially those involving families. I thank I urge my colleagues, I beg my col- the Senator for raising the issue. essary if we are to solve those problems and if we are to get the planes back in leagues, to pass it. Mrs. CARNAHAN. As always, I thank I return to the manager on this side the air. the leader for his guidance. I look for- any time remaining on my time. I I can understand what my colleagues ward to working with him next week, thank the Chair and the Senator from in this body and the other body have and I do not object. Texas for their accommodation. raised as concerns about insurance and Mr. LOTT. Reserving the right to ob- The PRESIDING OFFICER (Ms. STA- ject, and I will not object, but I ask compensation for those who are out of BENOW). The Senator from Texas. that Senator NICKLES get 20 minutes so work. Let me be clear; it is not just the Mrs. HUTCHISON. I will take up to 3 we will have a balance of the time. I airline industry which has suffered minutes of time now to explain what is urge all Senators to not feel they must losses. Boeing laid off 30,000 workers. I in the bill, but I want to be told when use all of the time. have just talked to people in the travel 3 minutes is up because I will lose the I inquire of the Chair, with that and tourism industry and consumer remaining 30 minutes to other people. change, has the question been put? products industries. They have suffered The PRESIDING OFFICER. The The PRESIDING OFFICER. Without a great downturn, and there may be Chair will notify the Senator. objection, it is so ordered. people out of work. The good news is Mrs. HUTCHISON. Madam President, f we have in place statutes and programs the Air Transportation System Sta- designed to assist those people. bilization Act is the effort of the U.S. AIR TRANSPORTATION SAFETY Let me be clear; if we delay passing Congress, working with the President, AND SYSTEM STABILIZATION ACT this bill, as we attempt to craft a to shore up the aviation industry in The PRESIDING OFFICER. The change or adjustment on assistance for our country. Already we have seen an- clerk will report the bill by title. laid-off employees, we risk causing a nounced almost 100,000 layoffs in the The bill clerk read as follows: tremendous economic calamity. aviation industry in our country. That A bill (S. 1450) to preserve the continued I understand that in the House objec- will have a rippling effect throughout viability of the United States air transpor- tions over the failure to include relief the economy. What we are doing today tation system. for unemployment led to objections is trying to stabilize this industry to Mr. DASCHLE. I ask for the yeas and that put the passage of this package in keep it on its feet in very tough times nays. doubt. so we can minimize the layoffs. Hope- The PRESIDING OFFICER. Is there a Right now, we are looking at layoffs fully, they will not be as bad as the air- sufficient second? in the airline industry in the neighbor- lines announced they will be and we

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9590 CONGRESSIONAL RECORD — SENATE September 21, 2001 can get this country back on track so $15 billion in taxpayer money. It is I had the general counsel of a major our economy will stay strong. money that some airlines will take, car rental company call me and say What this bill does is have $5 billion and still we will see lots of layoffs and they needed the bailout. I had res- in immediate assistance to the carriers poor treatment of some of the airline taurants tell me they are shutting based on their actual losses for the employees. down. There are hotels shutting down. grounded airplane time they have had. I think Congress is remiss; we are The fact is, those other industries did As we know, there is still one airport moving too fast. We should have some not quite have the effective lobbying that does not have service. We still strings attached if they are getting all team the airline industries had. They have airlines losing business because of this government money. We should were very prompt in coming to Capitol the September 11 tragedy that was not have some protections for the airline Hill and requesting relief. And, more- any fault of theirs. employees. That is an omission in this over, they got this relief in a way that We have in addition $10 billion of bill. I think is virtually unprecedented. loan guarantees subject to terms and I am also concerned that anytime When the Chrysler Corporation got conditions set by the President. There you have a Federal bailout of an indus- its loans guaranteed back in the 1970s, will be a board created to review and try, you have to ask, by what principle in return for making those Govern- decide on the applications for these or what reasoning are you bailing out ment guarantees the Federal Govern- Federal credit instruments. The board this industry? In this case, we have ment was paid in warrants of Chrysler will be the Secretary of the Treasury, chosen to bail out the airline industry. Corporation stock. The Government the Federal Reserve Chairman, the The airline industry has said they are took 14 million warrants of Chrysler Secretary of Transportation, and the entitled to Federal money because the Corporation. When those warrants rose Comptroller General. These loans will Federal Government issued a ground in value as the company did better and be based on sound, solid, hopefully, fi- stop order on September 11 that kept got back on its feet, the Government nancial integrity. We are also going to their planes out of the air for at least sold those warrants at, I believe, a $300 1 put limits on executive compensation 2 ⁄2 days, and but for that ground stop million profit. of any carrier that gets a part of this order, that edict of the Government, Fortunately, Senator CORZINE and I airline cash assistance package. they would not have incurred the worked together. We did get put into We also have provisions for the Sec- losses they did during those days. this bill, at our request, language to retary of Transportation to provide This bill might make sense if we were allow the Treasury Department, in re- only compensating them for the losses help for airlines that are the only air- turn for any of the loan guarantees incurred by virtue of that ground stop line serving a community, and if the that are given out under this bill—the order. The fact is we are compensating airline wants to pull out, we are going Treasury will have the authority to ne- them for many times the losses they to try to encourage that airline to stay gotiate appropriate warrants so the suffered as a result of the ground stop in the community. We are dealing with taxpayers can participate in the upside order. the liability issues, trying to take from Analysts testified before the Senate here. I would prefer that the Treasury De- the airlines any liability beyond what Commerce Committee yesterday. I sat partment have clear authority to ask their insurers will carry. in the whole hearing for 4 hours. We We also have liability provisions for heard from many people. It was testi- for warrants in return for the $5 billion the war risk insurance for all other in- fied that the direct loss to the aviation in cash assistance. I think that would dustries that might be affected in the industry in America as a result of that be the appropriate protection for the future with an act of terrorism that is ground stop order on September 11 was taxpayers. In fact, without that protec- beyond their control so that they will $2 to $3 billion. That comports with the tion, then, what we are doing, by the not be liable beyond their means and estimates that have come out from re- way we are structuring this bailout— be put out of business. search departments, investment banks this is not a bailout of the industry so These are the basic parts of this leg- around the country, and comports with much as it is a transfer of the loss that islation that we are hoping to pass to- everything I have seen. Yet this bill industry has incurred from the airline night and send to the President. has $5 billion in direct cash assistance industry shareholders to Joe Taxpayer. I yield up to 10 minutes to the Sen- and another $10 billion in loan guaran- It may be intuitive to some that the ator from Illinois. tees or $15 billion in Federal taxpayer general decline of the industry, that Mr. FITZGERALD. Madam Presi- bailouts. loss, should be borne by the taxpayers. dent, I rise to say what I think are Leo Mullin, the CEO of Delta Air To this Senator it is not intuitive that some improvements that have been Lines, testified that the direct loss of the shareholders of airlines should be made to the bill as it has been nego- Delta Air Lines for each day they were protected and indemnified from any tiated by various parties in the House shut down as a result of that ground loss here. I find it very troubling. I and the Senate, and I guess with in- stop order was $70 million. So over 3 think there should be a price the share- volvement from the White House and days, Delta Air Lines incurred a loss as holders have to pay. the Office of Management and Budget. a result of the ground stop order of $210 I hope the Treasury Department and I am very concerned about the airline million. How much in Federal assist- the Office of Management and Budget industry and especially the many em- ance will Delta get as a result of this will try to find if they have any resid- ployees of the industry. Tens of thou- bill? At least four times the losses they ual authority —they tell me they be- sands of airline employees have al- sustained as a result of the ground stop lieve they do—to ask for warrants from ready been laid off. My home State of order. Delta will get about 60 percent each airline in return for the grants Illinois is home to O’Hare Inter- of the $5 billion in cash assistance. In they are given. national Airport which is a hub for other words, they will get a grant of In the Continental Bank bailout, United and American Airlines, the Na- about $800 million, four times their which happened in Chicago, IL, many tion’s two largest carriers. Perhaps no losses, plus they will be eligible for years ago, in the 1980s, the FDIC did State in the country is as immediately these new loan guarantees. not come in and make the shareholders affected by the problems affecting the The bottom line is, I think this as- of Continental Bank rich. In fact, they aviation industry as is Illinois. I am sistance is too generous. It gives too wiped out the shareholders of Conti- very concerned about the employees. I much money. It goes far beyond com- nental Bank in return for the Govern- met with several skycaps the other day pensating the airlines for those 3 days ment assistance, and FDIC ended up who told me it was their last day on that Government edict was in effect. owning 80 percent of the bank. Then, the job, and to see the forlorn look in Clearly we are compensating them when the bank got back on its feet, the their eyes was heart wrenching. for far more. In fact, this bill suggests Government did an initial public offer- However, I alert my colleagues, the we are compensating them for all their ing of its shares and sold them back to way this bill is designed, there is no losses through the end of the year. the public and recouped for the tax- protection for the employees of these Then my question is, By what principle payers what they had given. airlines. There are no strings, really, do we not agree to help other indus- I think we could have done better. It attached to the airline access of up to tries? is an improvement from where it was

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9591 earlier in the process. I certainly hope ury could ask for warrants, I believe end I flew back to West Virginia, and the issuance of warrants—and the that in return for the cash grants, the on the return flight Sunday night— Treasury has the authority now to ac- Treasury can ask for warrants from the usually a crowded flight from Charles- cept warrants in return for the corporation. ton to Dulles—I was the only passenger issuance of the loan guarantees—I hope Mr. CORZINE. I thank the Senator on the plane. Many of my colleagues that authority on the part of the from Illinois for helping clarify this, have mentioned that they’ve had simi- Treasury will deter companies, airlines and making clear what the administra- lar experiences in the past ten days. that do not need a Federal guarantee, tion has said about this aspect of the Flights are departing West Virginia from coming to the taxpayers and ask- bill. airports with a load factor of 25 per ing them for that guarantee. So I am Having said that, Madam President, cent—only one in four seats filled. Un- hopeful the Treasury will use that au- let me emphasize that I rise very much fortunately, this is not, like last thority to the fullest extent, and I am in support of the efforts to reinforce week’s closure of the New York Stock hopeful, furthermore, that in return for our aviation industry. This industry is Exchange, a temporary phenomenon. the cash grants available under this in dire straits. And it is an industry Based on past air disasters or inter- bill, the Treasury will insist upon get- that plays a critical role in our econ- national conflicts—none of which was ting some equity instruments in the omy. of the same massive scale as last Tues- corporation or some payment for the It also plays an important role for day’s attacks—airlines are predicting taxpayers, lest this just be a complete our military. Senator TORRICELLI and I that passenger traffic will be down by and total indemnification of the so- visited McGuire Air Force Base with almost half for the remainder of this phisticated shareholders of the airline senior officers on Monday, and they year, and will take until next summer industry. told us that about 40 percent of the to return to normal levels. And those Madam President, I yield the floor. transportation that our military folks are optimistic estimates. Mr. CORZINE. Will the Senator yield will need in a full war might be pro- This kind of crisis could do irrep- for a question before he yields the vided by our private aviation industry. arable harm to the ability of America’s floor? The strength of that industry clearly is airlines to continue in business. Air- The PRESIDING OFFICER. The Sen- important for our national security. lines lost $300 million each day that ator has no time at this time. His time Madam President, I live in a State they were shut down last week. They has expired. where about 12,000 Continental employ- are set to lose billions more in the Who yields time? ees work at Newark Airport. It is the coming months. Their insurance rates Mr. ROCKEFELLER. The Senator largest employer in Newark. I very have shot up, with some airlines telling from West Virginia is happy to yield 5 much understand the needs and desires us of a 600 percent increase in their in- minutes to the Senator from New Jer- of having a healthy and ongoing indus- surance rates. Coming on top of what sey. was already a difficult outlook because The PRESIDING OFFICER. The Sen- try which is under stress. But, in my of our slowing economy, the nation’s ator from New Jersey. view, unless we have some discipline in Mr. CORZINE. I wonder if I might this process—which very clearly has airlines—main line carriers and re- ask a question of the Senator from Illi- been outlined in the bill as it relates to gional carriers alike—could be in bank- nois with regard to his premise that loan guarantees—we would be writing a ruptcy within a few weeks and possibly would not be subtracted from my time? blank check for some companies that out of business within a few months. Mr. ROCKEFELLER. If the Senator are very strong. This would be unneces- Already we are seeing the first signs: a wishes to do it, it is on his time. sary and could dissipate resources that round of massive, painful layoffs for Mr. CORZINE. The Senator from Illi- could be better spent on other impor- nearly 100,000 of our nation’s hard- nois spoke about the need to ensure tant priorities, including workers who working airline employees. And huge some accountability by giving the Gov- are losing their jobs and other strug- cutbacks of around 20 percent to most ernment a stake in airlines that are gling companies that are not in the air- airlines’ schedules. provided grants beyond the funding line industry. Some people have said, well, this is necessary to compensate them for the In my view, it would be a mistake to the market, and it is not the American shutdown period. I agree with him on provide direct support without dis- way to interfere with the market. But that. cipline. So I hope the Administration I have been pleased, as chairman of the Has the Senator had conversations will do what it said it will do, and en- Senate’s aviation subcommittee, to see with anyone on this question? Has he sure that, as with the loan guarantees, a broad consensus among my col- been led to believe that equity partici- the grants that we are offering compa- leagues that the air transport industry pation—warrants, options, calls—also nies—beyond those needed to com- is not just a huge business and em- will be extended to grants that go be- pensate them for losses directly associ- ployer, but it is also a critical element yond compensation for losses associ- ated with the stop order—are accom- of our nation’s infrastructure. Nowhere ated with the shutdown? panied by warrants, or options held by is that more the case than in the Mr. FITZGERALD. Yes, I have, in a the Federal government. This will help smaller states and communities like conversation, I think, with Sean ensure discipline and accountability, West Virginia. When people think of O’Keefe from the Office of Management just as would be required in the private the airline industry, they usually and Budget. He works for Mitch Dan- sector. think of big hub airports like iels. He was under the impression that Mr. ROCKEFELLER. Madam Presi- Hartsfield and O’Hare. But airline traf- the executive branch had the author- dent, I would like to commend the Ma- fic is just as important—maybe more ity, in return for granting $5 billion jority Leader for his hard work in put- important to smaller communities like worth of cash assistance, to demand ting together an airline stabilization Beckley and Bridgeport. Safe, conven- warrants or other appropriate instru- bill that will save our nation’s airlines ient and affordable air service rep- ments from the airlines that were get- and our air transport infrastructure. I resents an important element of our ef- ting them, and that that would deter will strongly support this bill without forts to attract development to our the airlines from asking for more than amendment. state. It’s an important connection they should. The terrorists who launched those that allows our citizens and our busi- Mr. CORZINE. Is it the Senator’s be- despicable attacks on September 11 nesses to overcome the historic isola- lief that the equity stake associated took thousands of American lives, and tion created by our state’s moun- with those grants would operate in the did billions of dollars of damage. It has tainous terrain. same way that is explicitly outlined in also become clear in the past 10 days And when I see planes flying with one the bill with respect to loan guaran- that they dealt a body blow to the U.S. passenger, and learn that carriers are tees, with respect to which the Treas- airline industry, on which virtually all cutting back on their schedules, and ury clearly has the authority to access of our citizens depend on to one degree hear that several carriers could be in warrants, options, or calls? or another. bankruptcy within two weeks, I know Mr. FITZGERALD. Yes. Just as in re- Demand for air travel has virtually that the first communities to be hit turn for the loan guarantees the Treas- collapsed in the past week. Last week- will be small communities like those in

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9592 CONGRESSIONAL RECORD — SENATE September 21, 2001 West Virginia that are at the end of at the real needs of those industries, what about my steel industry—there the food chain, so to speak. That would and be prepared to take bold measures are all kinds of things that can come be tragic. It would reverse the efforts where they are needed and appropriate. into an emergency designation. But our communities have made to attract One thing is certain: the survival of here, we are focused on aviation. That and retain air service, and turn their America’s airlines is a key element of is the order of this day within our na- residents into aviation ‘‘have nots.’’ It any solution. Their needs are real and tional security situation. If the planes would also set in motion the slow im- urgent, and I congratulate the Major- don’t fly, much of the economy shuts plosion of the U.S. airline industry, ity Leader on his success in putting to- down. I think this is arithmetically which would spread to larger hubs and gether a stabilization package that will uncontestable. I think it is an absolute airports as well. And finally, it would address them. priority of this Senate to pass it and give the terrorists who perpetrated last Madam President, Senator SCHUMER hopefully do so in a very short amount week’s heinous attacks the ultimate and I believe Senator CLINTON wants to of time. victory, as their actions would lead to speak, along with the Senator from I call upon my colleagues to at the a severe curtailment of America’s free- Texas and a few others. But I note that proper time support this aviation legis- dom of movement and mobility. the Senator from Texas has an obliga- lation—not to say that it is perfect, It is the shared consensus of this tion, as well as all of us, and we would not to say that some of the legislation body that cannot be permitted to hap- like to see this drawn to a close and which has arisen out of this crisis is pen, and that has driven our remark- have our vote. Those who want to perfect. We will have a chance to re- able efforts this past week to put to- speak on other subjects could perhaps visit it. This is only the first of a wave gether a stabilization package for our do that after the vote. It would be just of accountability and dealings with the airline industry, its financial health, nation’s airlines. as relevant. It will contain up to $5 billion in im- From my point of view, we are at a safety, and all other manner of condi- mediate credits to reimburse airlines very clear and obvious, arithmetically, tions that are coming before us. With- for the revenues they lost when the inevitable point in time where we have out this, nothing else follows. I plead with my colleagues to support government shut down U.S. air space to say to the aviation industry of the this legislation in spite of worker pro- United States and, even more impor- last week. It will also contain $10 bil- tection and other things which will be tantly, to the American people that lion in loan guarantees so that our air- absolutely a part of what follows this there are going to be planes flying on lines can continue to obtain financing vote and this legislation. in the coming months. Monday. We have to have a safety bill. I reserve the remainder of my time It will limit airlines’ liability for col- That is an enormous subject, and safe- and yield 5 minutes to the senior Sen- lateral damage incurred up to the ty has to come. Safety will come. Safe- ator from the State of New York. amount of their existing insurance cov- ty is going to be addressed imme- The PRESIDING OFFICER. The Sen- erage as a result of last week’s ter- diately. There are planes to make safe. ator from Texas is recognized. rorist attacks—a key provision because People need to feel confident about Mrs. HUTCHISON. Madam President, our airlines might otherwise not be safety and then get aboard the plane. I ask unanimous consent, following the able to obtain or afford insurance. None of it makes any difference if their Senator from New York, to yield time It will set up a victim’s compensa- insurance expires. When insurance ex- to the Senator from Alabama, who has tion fund for the families of the inno- pires—airplane companies have all re- been waiting for 5 hours. cent victims of last week’s despicable ceived their notices—then of course The PRESIDING OFFICER. Without attacks there can be no flights. That will hap- objection, it is so ordered. It will provide $120 million in addi- pen very early next week. The Nation The Senator from New York. tional authority to fund to the Essen- will shut down with respect to that. Mr. SCHUMER. Thank you, Madam tial Air Service program, a key ele- The whole question of providing sup- President. ment in preserving air service to small- port on a temporary basis and based First, I thank the chairman of our er communities. only on what happened as a result of Aviation Subcommittee, the Senator This package is an important first the tragedy on September 11 is impor- from West Virginia, and the Senator step in stabilizing the U.S. airline in- tant. Nothing that the Senate will be from Texas, the ranking member, and dustry and ensuring that air service to voting on will be based upon anything everybody who worked so hard on this communities across the nation sur- that had to do with the airlines’ finan- issue. I particularly thank our leader, TOM vives this crisis. But it does not ad- cial condition prior to September 11— DASCHLE, for his outstanding efforts on dress all the needs that this crisis has only as a result of the tragedy on Sep- this bill and for all the help he pro- created. tember 11 and the Government-man- One important issue we will need to vided to New York and the Nation in dated shutdown. this recovery from the crash and tragic take up in short order is the plight of There are a lot of considerations events of September 11. I also want to the nearly 100,000 airline workers who about the broad economy of America as thank his talented staff who worked will lose their jobs as a result of this well as the ability of the American peo- long and hard on into the night in week’s cutbacks. We have already ple to gain some level of confidence in working out provisions that were vex- begun to see airline layoffs in West getting back to travel. In fact, there ing to me—they are: Andrea LaRue, Virginia. Excellent workers who ex- are airplanes at the airport they can Laura Petrou, Randy DeValk, Mark pected a promising career in a growing board. I remind all Americans as well Childress, and Mark Patterson—for all industry, until terrorists hijacked four as my colleagues that airlines remain of their help during the past 2 weeks. planes and frightened Americans out of far and away the safest form of travel, In addition, there are two technical the skies. We must take measures to and they have been that way for a long points I want to clarify. It may be a address their needs. We provide special time in comparison with any other little unclear to some whether all law- assistance to American workers who form. suits or just lawsuits against the air- have been displaced by foreign trade; Safety will happen. Safety is some- lines will be situated in the Southern we must provide the same level of as- what more complex, and it will happen. District of New York. The intent here sistance to American workers who It will be done by legislation. It will be is to put all civil suits arising from the have been displaced by foreign ter- done by the administration. There will tragic events of September 11 in the rorism. be a lot of money for it. But the ability Southern District. We must also be prepared to look at of the aviation industry to put planes Second, the prospective liability the needs of related industries, as well in the sky next week is where we have package covers the airlines, their as the future needs of the airline indus- to start. If we do not pass this legisla- agents, and other relevant parties. try. Many related industries—aircraft tion, and do not do so promptly, it will Agents includes, as I understand it, air- manufacturers, travel agents, and var- not happen. plane lessors and financiers. ious travel-related businesses—have al- I urge my colleagues—who under- This bill is a mixed bag. It has some ready begun to feel the effects of this standably are saying: Wait a second, things that I am grateful for and sup- attack. We will have to look carefully what about my rental car company or port. It does not take any of this

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9593 money from the $20 billion we were tant that each one of us no longer say: industry. Boeing also announced that able to vote for for New York. There It is my way or no way. it could lay off as many as 30,000 em- was a real attempt to do that. It does I didn’t get everything I wanted in ployees in the next few months. not. I appreciate that. this bill. I did get some things. I am a We must not forget the workers who There was a huge fight on the liabil- little worried about the numbers as are affected. They may need help with ity issue. I understand the need for pro- well. job training and acquiring new skills. spective liability exemption. But at If we don’t vote for this bill and we They may need help with keeping their some point the families of those who bicker, airlines will not fly on Monday. health insurance. Again, I will be died in the World Trade Center and not It will set a tone in this body that we working to see that help comes to on the airplanes are going to be treated don’t need right now. these families soon. differently than victims had been and Relying on the good work of our ma- This bill is important, but it is only those who died who were on the ground jority leader and our minority leader the beginning of what we need to do or in buildings in the past. That has and knowing we will get back to the after last week’s tragic events. been rectified. There is a very generous other issues we care about, I will vote Mr. NELSON of Nebraska. Madam package for those families who lost for the bill, and I urge my colleagues to President, as we discuss this much members in the World Trade Center do the same. needed legislation to provide financial bombing—who were in the World Trade Mrs. BOXER. Madam President, I am assistance to our airline industry, I Center, not just on the airplanes. pleased that the Senate has been able would like to voice my concern that air Finally, my crusade has been to to act so quickly on this issue. service to our small communities not As you know, all four planes hijacked bring good service to the middle-sized be lost in this effort. I have consist- last week were headed for my State of cities of upstate New York. While I am ently supported adequate funding for California. Consequently, many Cali- not fully satisfied with the provisions, the Essential Air Service Program, and fornians who were simply trying to there are provisions in the bill, and let ensuring the viability of our small air- make their way home lost their lives in us hope that is the beginning of a new ports is a priority for me. Because I re- these attacks. My heart goes out not chapter. The airlines are no longer to- alize the economic impact a loss of air only to the Californians who fell vic- tally independent. Therefore, I am re- service would have on our small, rural tim to terrorism, but to all the victims lying on them in my meetings with communities, I applaud the efforts of last week’s attacks and their loved them. What the majority leader and made in this legislation to include the ones. others have told us is that as we come Our Nation’s aviation system was needs of carriers who serve these mar- back in future bills, we will strengthen transformed into a terrorist weapon. kets. It is important that in considering fi- those provisions further so that these As a result of the terrorist attack, the nancial assistance for the airline indus- airlines cannot abandon middle-sized airlines are confronting an alarming fi- try, that thought is given to the im- cities such as Rochester, Syracuse, Al- nancial situation. Last week’s tragedy pact this tragedy has had on the re- bany, and Buffalo—rather large cities will be compounded if the aviation in- gional airlines, which service our small that depend on airline service. But dustry is destroyed as well. there is a provision in the bill that rec- As an industry, airlines are losing communities. Essential air funding is ognizes some of that. It is better than $300 million per day. Lines of credit critical to providing air service to the present law, and I appreciate it. may not be available. Insurance pre- most of the communities in Nebraska, For all those reasons, this bill is a miums for some airlines may rise $100 as I know is the case in many States. bill I will vote for. I have some mis- million per year or may be unavailable As we continually focus on how to re- givings. Amtrak should have been in- period. Without insurance, the airlines gain confidence in our economy, I be- cluded in this bill. To have a com- cannot fly. lieve this is one area where Govern- prehensive transportation system, we Therefore, I support this bill to pro- ment assistance can truly be bene- need a good rail system. The conges- vide financial assistance to the air- ficial. Because it is imperative to the tion that so many of us see in New lines. I also support a victim’s com- economic wellbeing of these small com- York airports and other airports pensation fund to help ensure that vic- munities that air service be continued, around the country could well be re- tims’ families receive compensation in increasing the level of essential air lieved by a functioning Amtrak. Again, a timely fashion. service funding is critical to ensuring I am relying on the understanding of I am particularly pleased with the the air carriers serving small commu- our leadership on both sides of the aisle language in this bill that commits $3 nities can continue to do so. that when we come back and do other billion of the $40 billion in the emer- I understand that the bill contains airline bills, we will include Amtrak. gency funding that we passed last week language authorizing the Secretary of It also does nothing for the workers. for airline security. I hope this funding Transportation to require air carriers I am very worried, and I urge the air- is used to improve screening in our air- currently receiving direct financial as- lines not to invoke a war clause when ports. It is extremely important that sistance to maintain scheduled air they deal with their union workers. security be the responsibility of the service to any point served by that car- Yes, indeed, when business contracts, Federal Government, including cre- rier prior to September 11. In addition, we don’t expect airlines not to accept ation of a professional security force the Secretary may require these car- those economic consequences, but I for passenger screening. I also believe riers to enter into agreements, which would regard invoking that clause as a the funding should be used to increase will, to the maximum extent prac- breach of faith. I hope they will not do the number of air marshals by placing ticable, ensure that all communities it. I hope they know they will have to an air marshal on every commercial that had scheduled air service before come back to us and deal with it. We domestic flight. September 11 continue to receive ade- have to include employees and what This is only the first step in aviation quate air service. they need in this package as well. security. In the next week or two, I I do have concern that in light of re- It is a mixed bag: good on liability, will be working to see that Congress cent events some of these carriers will good on where the money comes from, passes comprehensive security legisla- cut service to communities that rely and OK making progress on taking ac- tion, including federalizing screening on Government-subsidized air service. count for middle size cities; not and guaranteeing that air marshals are Therefore, I urge the Secretary of enough, nothing for Amtrak, nothing on every flight. Transportation, in carrying out his au- for labor, but we will come back and Finally, I am disappointed that this thority under this bill with respect to deal with those issues. bill, while bailing out the airlines, does these carriers, to consider the dev- If it is a mixed bag, why am I sup- not provide assistance to laid-off work- astating impact cutting air service to porting this bill? Because we are in a ers. This week almost 100,000 jobs were small communities, especially rural new era where every one of us has to lost industry-wide. That is 100,000 fami- communities, will have. It is my hope give a little bit. We heard the Presi- lies who are losing their incomes. that the provisions of this bill provide dent speak. We were unified yesterday. These numbers do not even include sufficient protection of air service to We must keep that unity. It is impor- the manufacturing sector of the airline small communities.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9594 CONGRESSIONAL RECORD — SENATE September 21, 2001 Mr. MCCAIN. Madam President, the bill limits airlines’ civil liability to the bureaucracy already in place. State bill that we are voting on today not amount for which they were insured at and communities understand the EAS only provides financial assistance to the time of these unforeseen events. program and its important role in airlines, it addresses the issue of legal No amount of money can begin to maintaining air service to small, un- liability for the tragic events of last compensate the victims for their suf- derserved communities. This program week by creating a federally-funded fering. Nothing will make them and has the potential to help several com- victims’ compensation fund and by their families ‘‘whole.’’ It is not the in- munities in Iowa which now face the limiting airlines’ potential legal liabil- tent of the federal fund to do this. Nor loss of air service. It will help to pre- ity to ensure their continued oper- is it the intent of the fund to duplicate vent these small communities from ation. the arbitrary, wildly divergent awards bearing the brunt of air service reduc- The effect on the airlines of the Sep- that sometimes come from our deeply tions. I strongly urge appropriations to tember 11 terrorist attack put Congress flawed tort system—awards from which provide the funding necessary to insure in the unenviable position of having to up to one third or more of the victims’ the success of the program. take immediate action to prevent the award is often taken by attorneys. I wish this measure was not nec- collapse of the aviation industry as a The intent of the fund is to ensure essary. But it is. The cowardly acts result of the federally ordered ground- that the victims of this unprecedented, committed by terrorists on September ing of all aircraft and the anticipated unforeseeable, and horrific event, and 11 have made it so. reduction of air travel. their families do not suffer financial The terrorists will not win. The One of the most difficult issues we hardship in addition to the terrible American airlines will continue to fly, had to grapple with was the enormous hardships they already have been and Americans will continue to fly on potential liability that airlines faced if forced to endure. them. Our economy and culture will courts determine that they were neg- In addition to removing the specter grow and thrive. Of this, I am con- ligent and in some way responsible for of devastating potential liability from fident. the damage wrought by the terrorist the airlines, and guaranteeing that vic- Mr. HATCH. Madam President, I rise attacks last week. tims and their families will receive to speak about S. 1450, the Air Trans- Aviation financiers informed Con- compensation regardless of the out- portation Safety and System Stabiliza- gress that this potential liability was a comes of the tangle of lawsuits that tion Act. barrier to the airlines’ obtaining credit will ensue, the bill attempts to provide Let me first say that I support the in the private market, which we antici- some sense to the litigation by consoli- intention of this bill. I want to ensure pate they will soon have to seek de- dating all civil litigation arising from that the victims of this heinous crime spite the direct financial assistance we the terrorist attacks of September 11 receive just compensation while at the are providing to them today. in one court. same time we provide much needed sta- The vast uncertainty of our litiga- It is regrettable, but perhaps inevi- bilization to the airline industry. That tion system posed significant chal- table, that the unity that this terrorist balance is a very difficult thing to lenges to crafting reasonable limita- attack has wrought will devolve in the achieve. I have very strong reserva- tions on airline liability while pro- courts to massive legal wrangling and tions about whether we accomplished viding compensation for the victims of assignment of blame among our cor- that task in a fair or feasible manner the terrorist attacks and their fami- porate citizens. It is my hope that the here today. It is with mixed emotions lies. Disturbingly, while courts could liability provisions we are adopting that I support this bill. I hope that order the liquidation of our biggest air- today will serve, to some extent, to re- there is an opportunity to address lines if they are deemed liable for the duce this, and produce as fair a result these concerns down the road and to catastrophic damage of September 11, as possible in light of the gross injus- improve on what we have done here. This bill does do some good. We pro- victims could also receive no com- tice of these events. vide a generous administrative remedy pensation from the courts if they de- Mr. GRASSLEY. Madam President, I termine that corporate entities, includ- am pleased that the Senate is moving for all victims who were physically in- ing airlines, were not responsible for with great speed to insure the short- jured or killed as a result of this at- the devastating damage arising from term stability of our nation’s airlines. tack. This will help ensure that injured the terrorist attacks. The tragic events of September 11 have people receive money and receive it We faced two unsatisfactory out- unfortunately made this legislation an faster than they otherwise would if left comes: 1. that the airlines, whose li- absolute and immediate necessity. This to pursue claims through litigation. It ability insurance coverage is insuffi- Senate us wisely moving with great also provides that the Federal Govern- cient to cover all damage, would be dis- dispatch. ment can recoup, to the extent pos- solved as their assets were sold to pay This act is difficult for all of us. It sible, any money from the responsible off their liability and/or; 2. some or all has not been easy to negotiate by any parties, including the terrorists whose of the victims who were injured or means. But the Senate has come to- assets we may be able to recover in the killed in this tragedy would receive no gether for the good of this great nation future. compensation. to do the right thing. That is, to keep We also provide the airlines with The liability provisions in this bill the airlines in the air. some much needed cash to cover the are by no means perfect, but they are The airline industry is a marginal in- losses they incurred as a result of the intended to prevent these two unac- dustry, just like farming. And just like Federal Aviation Administration’s or- ceptable results. farming, it depends upon a constant dered shutdown of air traffic for nearly To ensure that the victims and fami- and consistent flow of cash. That crit- a week. However, we have not included lies of victims who were physically in- ical cash flow dried up on September a provision that I wanted to guarantee jured or killed on September 11th are 11. This legislation provides needed that once the airlines receive this cash compensated even if courts determine cash assistance and loan guarantees to infusion and government loan guaran- that the airlines and any other poten- make up for the current terrorist in- tees, they would not discharge their tial corporate defendants are not liable duced shortfall. federally guaranteed debt in bank- for the harm; if insurance monies are The bill also addresses critical liabil- ruptcy. exhausted; or are consumed by massive ity issues. As a member of the Judici- The limitation on liability included punitive damage awards or attorneys’ ary Committee, I will monitor these in this bill has some productive as- fees, the bill also creates a victims’ provisions continually and closely as pects. We limit the liability of the air- compensation fund. These victims and to their propriety and proper func- lines to the extent of their insurance their families may, but are not re- tioning. I will not hesitate to step in as coverage in order to allow them to quired to, seek compensation from the I see necessary should the situation keep operating. In my home state of Federal fund instead of through the call for further action. Utah, Delta Airlines employs over 4,700 litigation system. I welcome the language concerning people. I don’t want to see a company At the same time, to provide for the Essential Air Service, EAS. This is a that employs so many people in my continued operation of our airlines, the proven program with an administrative State go out of business. Air service is

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9595 essential. However, we also must pro- Bush’s father often referenced regard- There is certainly a legitimate need to tect the liability of other defendants in ing the generous nature of our commu- assist our nation’s airlines in this time potential litigation. If we do not, then nities. Because of all of this, I am con- of crisis. I am concerned, however, that we very likely will place other defend- fident our country will come out of we are forgetting about airline employ- ants in a worse position than if we do this tragedy stronger. ees and their families, including many nothing at all. For instance, under the Mr. CLELAND. Madam President, I Wisconsinites. These massive layoffs legal principle of joint and several li- rise today to direct my colleagues’ at- are a double blow to an already ability, even if a nonairline defendant tention to the needs the workers who shocked country. We should act quick- is only 10 percent liable and the airline play a vital role in our nation’s avia- ly to ensure that those who work for is determined to be 90 percent liable, tion system—tens of thousands of men our nation’s airlines and their families the nonairline defendant may be re- and women who are often overlooked receive adequate relief, including con- quired to pay more than its share of li- by those who travel by air. From the tinued access to health care and unem- ability because the airline’s policy lim- ticket agents to the sky caps to the ployment and job training assistance. its have been exceeded in the judg- mechanics, these workers support the We must be careful that this airline re- ment. This could be an unfair outcome American airline industry and promote lief package is targeted at those air- and is a serious concern. Do we really its viability. lines that are facing economic losses accomplish our goal of keeping air These same workers were uniquely due to the recent terrorist attacks and transportation operating if we sacrifice impacted by the terrorist attack on not instead used to prop up firms that the other entities that contribute to a September 11, 2001. Their place of were already in financial trouble before well-functioning airline industry? I am work—a place that should be safe—was this tragedy. talking about the airline contractors violated when terrorists turned the Mr. LEVIN. Madam President, I am and subcontractors as well as the com- four commercial planes into missiles. very disappointed language was not in- panies that built the planes, the port On that fateful day, the air travel sys- cluded in the Air Transportation Safe- authorities, and even those that built tem in this country ground to a halt. ty and System Stabilization Act ad- the World Trade Center itself. The order to ground our aircraft was an dressing employee compensation for For those who seek to pursue the liti- unprecedented and correct action by the thousands of airline employees who gation route, I am pleased that we con- the Department of Transportation. For have lost their jobs in the past week. It solidated the causes of action in one the next four days there was virtually is imperative that we address this in Federal court so that there will be no air travel in this country, and the the immediate future. However, there some consistency in the judgments airlines suffered huge financial losses. is a crucial need to act swiftly to sta- awarded. However, because the pool of In the wake of this tragedy and as bilize the airline industry. Therefore, I funds available to potential plaintiffs the airline industry is returning to the will support this legislation which in- will be limited, we need to eliminate, skies, the Administration and Congress cludes a number of critical provisions or at least limit, the punitive damages are working to stabilize this industry. to stabilize the airline industry and re- that can be awarded. I do not want to Unfortunately, the aid Congress is pro- store confidence in this industry. I deny any legitimate plaintiff just com- viding will not be enough to retain the hope that we will address employee pensation. He or she should receive entire current workforce of the major compensation and additional airline se- both economic and reasonable non- airlines. I have heard that lay-offs in curity issues in the very near future. economic damages which would include the airline industry could top 100,000 by The airline industry is losing about everything from lost earnings to emo- next week! That is one hundred thou- $300 million to $350 million a day. tional distress. However, If we do not sand people who will be faced with los- Losses incurred by the industry for the limit outrageous jury awards of puni- ing their health insurance and their 2 days that the airlines were grounded tive damages, we run the risk of deny- source of income. One hundred thou- total $1.25 billion. In the past week ing some plaintiffs their rightful share sand people who will be faced with re- alone there have been 100,000 layoffs by in an award. If one plaintiff’s punitive viewing their retirement plans. One the airlines including 10,000 at North- damage award is excessive, it could hundred thousand people who will be west Airlines. Northwest Airlines has very well deplete the amount of funds faced with making difficult decisions. as a major hub in Detroit and serves as available to pay awards, leaving other These people cannot be forgotten. an economic engine for Michigan with plaintiffs out in the cold. Don’t we While I will be supporting the eco- over 18,000 employees in the State. want to ensure that all legitimate nomic aid package for the airlines Northwest Airlines now has a net nega- plaintiffs receive compensation? without a provision for employee as- tive booking rate which means that This was indeed a horrible attack on sistance, I will be redoubling my ef- more people are calling to cancel their our country and I have confidence that forts to ensure these dedicated employ- tickets than there are people calling to the President will make sure that the ees, who are casualties of the first war purchase tickets. The airlines are now terrorists are brought to justice. With of the 21st century, will not be over- only carrying about 30 to 40 percent of this bill the Government attempts to looked. I am cosponsoring a bill intro- their normal capacity. provide some relief to the victims of duced by Senator CARNAHAN to provide We cannot let this important indus- this attack. Unfortunately, the Gov- benefits to the dislocated employees of try go under. There is simply too much ernment cannot do everything. What our aviation industry. This package of at stake. This legislation provides an pleases me most in the aftermath of relief would provide funding for unem- immediate $5 billion cash infusion to this tragedy is the extent to which the ployment insurance and health insur- stop the immediate hemorrhaging of communities across the country have ance, and it will contain provisions to the airline industry and to cover their reached out to help their neighbors. We aid in the retraining of these workers. losses for the month of September. It have all heard of those heroic firemen These are basic measures we can and also provides $10 billion in Govern- and police officers who gave their lives must take to help stabilize these em- ment-backed loan guarantees which trying to save the lives of others. Also, ployees. will help the industry gain access to those noble passengers who sacrificed No one expected September 11 to de- credit and maintain its long-term via- themselves rather than let the ter- velop as it did, and we are reeling from bility. The airline industry currently rorist inflict even greater damage on this tragedy. Congress is appropriately has no access to capital because its tra- the ground. There are many wonderful acting today to support the airlines— ditional collateral, airplanes, are now charitable organizations such as the an industry critical to our national se- considered worthless by Wall Street. Red Cross and the Salvation Army who curity and economy. And I fully sup- The $10 billion will be made in the form responded immediately to assist vic- port and will work to enact a package of loans, not grants, and that they will tims of the terrorist attack. Donations of assistance to those workers who are be paid back. have been pouring in from across the suffering as a result of this attack. Under this bill, the Secretary of country to assist the victims. It warms Mr. FEINGOLD. Madam President, I Transportation has discretion in mak- my heart and reminds me of the Thou- will support this relief package, how- ing the loan guarantees. For instance, sand Points of Light that President ever, I have a number of concerns. when an airline applies for a loan it

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9596 CONGRESSIONAL RECORD — SENATE September 21, 2001 will have to provide access to its books term changes do we need to make to not need as many new planes or air- to prove that the loan is not going to our aviation security system? How can plane parts. So it comes as no surprise repair past management actions that we establish stricter guidelines on that this week, Boeing announced might have occurred before September issuing visas? How do we build up our 30,000 employees would lose their jobs. 11. homeland defense against more deadly I have received many letters asking This bill also allows the Secretary of terrorist attacks in the future? What me to support this plan before the Sen- Transportation to use his authority to can we do to stimulate more consumer ate, and I believe it is important to require airlines benefitting from Fed- spending, more job creation, and more point out that the vast majority of eral funding to continue to serve investment in this time of uncer- these letters are not from airline em- midsized and small airports and com- tainty? ployees, but rather, from workers munities. This is important for all The events of September 11 demand whose jobs are indirectly dependent on those people in Michigan and around that Congress and the President work airlines. the country living in rural commu- together to remedy the devastation the One such letter is from G. Hardy nities who may depend on a single air- attacks have inflicted upon our safety, Acree, the director of Sacramento line for service. If that airline were to our economy, and our livelihood. The County’s airports. Mr. Acree wrote, pull out, they would be left stranded. legislation before us today is part of ‘‘Quality air service is critical to our In addition, the bill authorizes $120 the comprehensive action Congress community. Without it, Sacramento million for the Essential Air Service, must take to help our Nation reclaim County’s economic development and an important program which subsidizes unprecedented growth of which we tourism industry will suffer, and the airline service in those communities know our economy is capable. growth we’ve worked so hard to sustain where it is not profitable to serve. This The terrorist attacks of September 11 will be lost. This is an issue whose im- program allows the Government to have dealt a crippling blow to the air- pact goes well beyond the airline sec- share some of the costs of providing line industry. This package of assist- tor.’’ service and in exchange, the Govern- ance is essential to keep the airlines up The same could be said for all of Cali- ment can require that a carrier con- and running because they are an im- fornia’s 58 counties and, in fact, for tinue to serve a community. This guar- portant component to our Nation’s every one of the 3,142 counties across antees that these communities will economy. Airlines are the very back- the Nation. have airline service. It is a program bone of our transportation infrastruc- The economic impact is spreading be- that is currently underfunded and in ture enabling people and goods to flow yond U.S. borders. London-based Vir- need of a higher authorization which freely and quickly across our Nation. gin Atlantic Airways said it must trim this bill provides. A number of Michi- Airline travel and air cargo ship- its operations by 20 percent and lay off gan communities participate in this ments interconnect our global econ- 1,200 employees, the first ever layoffs program and, unfortunately, others omy and contribute a significant for the company in its 18 years of exist- may soon need to gain access to the amount of jobs to the U.S. Economy. ence. program in order to keep the air serv- Consider the following: Approximately Just as the problems are not confined ice they currently have. 1.2 million people work for the airlines to one region, they are not confined to Senate action today to provide the in this country. Last year about 670 one industry. The president of the airlines with funding to keep them sol- million passengers traveled on com- American Society of Travel Agents, vent is very important. It will help re- mercial airlines and the industry pro- Richard Copland, wrote to tell me of turn confidence to the marketplace and vided over 25 billion ton miles of the tremendous losses suffered by the keep some airlines from going under. freight delivery. The U.S. commercial travel agencies across the U.S. Accord- But it is equally important that we aviation industry contributes over 10 ing to Mr. Copland, ‘‘There are many turn immediately to the other critical percent of the Nation’s GDP. other groups of firms that are normally issues such as providing assistance for Yesterday, David Walker, Comp- thought of as separate ‘industries’ but displaced workers and airport security troller General of the United States, that in fundamental reality are an in- measures. testified before the Commerce Com- tegral part of what airlines do. Travel Mrs. FEINSTEIN. Madam President, mittee. According to Mr. Walker, ‘‘The agencies are among those.’’ I rise today in support of the financial continuation of a strong, vibrant, and Travel agencies, hotels, cruises, and package before the Senate to help pro- competitive commercial air transpor- many other industries directly depend tect a vital industry to our Nation’s tation system is in the national inter- on the airline industry. And there is al- economy. I believe that this legislation est. A financially strong air transpor- most no business that does not indi- is one essential component in a series tation system is critical not only for rectly depend on the airlines. How else of steps that Congress has taken, and the basic movement of people and do employees meet with clients? How will continue to take, to address the goods, but also because of the broader else do goods ship overnight? tragic and horrific attacks of Sep- effects this sector exerts throughout As Jonathan Tisch, chairman of the tember 11, 2001. the economy.’’ Travel Business Roundtable, wrote, So far, Congress has taken consider- The contributions airlines make to ‘‘The link that airlines provide to the able action in the wake of the unprece- our economy are clear, yet the indus- travel and tourism industry cannot be dented events last Tuesday. Congress try estimates that the overall impact underscored enough. Airlines are the condemned the violence in a joint reso- of the terrorist attacks will cost $24 conduit for so many industry activi- lution, Congress authorized the Presi- billion and companies may be forced to ties, bringing travelers to hotels, re- dent to use ‘‘all necessary and appro- lay off over 140,000 employees. Airline sorts, restaurants and shopping in cit- priate force’’ to retaliate for the acts of stocks plummeted when the market re- ies and towns around the country.’’ war against our Nation, and Congress opened Monday and they have contin- I want to acknowledge Mr. Tisch’s approved $40 billion to rebuild from the ued to fall this week. point, the collective ripple effect air- rubble and prevent further acts of ter- Secretary Mineta has indicated that lines have on the entire economy is im- rorism during this time of great peril. the industry has been losing $300 mil- mense. I would like to ask my col- These are the steps Congress has lion a day in lost revenue since Tues- leagues and constituents to think of taken so far, but they are not the last day, September 11. Some financial ana- this legislation, not as a bailout plan, of what we will do, or what we need to lysts predict the airline industry will but as a relief package. It is just com- do to mitigate the damage and destruc- lose $6.5 billion this year, triple the $2.2 pensation for the direct damage in- tion. billion loss that was expected. flicted on the airline industry and the The next step we must take is to pass The ripple effect of the terrorist at- U.S. economy as a whole. this financial relief package. Once this tacks is clear. Once people stop flying, One more point I would like to make is passed, Congress will need to con- airlines cut back on flights. Lighter is that since my husband is on the sider legislative solutions on other flight schedules mean airplanes lie idle board of an airline company, the easi- matters stemming from the September and companies’ employees lose their est thing for me to do would be not to 11 attacks. For example: What long- jobs. Fewer flights mean airlines do vote on this legislation. The Senate

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9597 Ethics Committee, however, has as- new sky marshals and other aviation have to revisit it. It is something that sured me that voting on this bill is not law enforcement officers. Moreover, it is growing in importance day by day. a conflict of interest for me because is located only 40 miles from the There are now at least 74,000 people af- there will be a wide range of bene- Roswell Industrial Air Center, which fected. We expect in the next few days ficiaries from this legislation. can handle planes as large as 747’s. that number to grow to 100,000. I sug- Furthermore, at this time, the eco- These facilities can play a vital role in gest we look at some kind of an aid nomic ramifications are as such that I enhancing our Nation’s aviation secu- package modeled after trade adjust- am compelled to vote on this bill be- rity. ment assistance to extend unemploy- cause I strongly believe it is in the na- The PRESIDING OFFICER. The Sen- ment insurance, job training, support tional interest to do so. ator’s time has expired. The Senator services to airline workers and other We have allocated billions to rebuild from West Virginia. workers who have been directly af- in New York and Virginia. Let us also Mr. ROCKEFELLER. Madam Presi- fected by the attacks on our country. allocate billions to rebuild our Nation’s dent, the Senator from West Virginia We also will have to look at the way economy. recognizes the junior Senator from our entire transportation system oper- Mr. DOMENICI. Madam President, New York for a period of 5 minutes. ates. I am very proud of the way Am- this is an important piece of legisla- The PRESIDING OFFICER. Without trak stepped in to fill the need for the tion. We need to enact it today. With- objection, the Senator from New York movement of passengers and goods. out immediate financial assistance, is recognized. Their ridership is up nationwide. They many airlines face imminent bank- Mrs. CLINTON. Madam President, I have honored airline tickets of strand- ruptcy as a direct result of the horrific thank the Senator from West Virginia. ed airline passengers and shipped relief terrorist attacks that took place on I rise to join the comments of my col- and medical supplies. Amtrak has also September 11. league, Senator SCHUMER. made security upgrades on trains and This bill provides $5 billion in emer- Many of us recognize the need for im- in stations. But we need to do much gency direct assistance to reimburse mediate action to aid our struggling more to address the critical needs in the airlines for the direct costs of the airline industry and are prepared to do the Northeast corridor as well as the terrorist attacks and preventing an- so. We also appreciate greatly the con- rest of the country. other attack. It also provides $10 bil- tinuing bipartisan cooperation that is I look forward to working with my lion in loans and loan guarantees to helping this body address the needs of colleagues. I see my good friend Sen- help the airlines while they recover our country in the wake of the terrible ator HUTCHISON from Texas who led the from these attacks. These loans will attacks of September 11. fight on the high speed rail bonding also restore the confidence of the pri- I am very grateful that the long ne- act. That is just one of the many issues vate capital markets, which are unwill- gotiations in the House and the Senate we need to consider as we look at ing to lend the airlines. over the last several days, along with transportation, again, as part of na- Because of this legislation, the air- the White House, have resulted in a tional defense. lines are going to be around to pay process to provide relief to families I well recall how President Eisen- back these loans. Therefore, from a who have either lost a loved one or sus- hower obtained the funding for the budget point of view, the impact of the tained significant personal injury. Interstate Highway System because it loans on the Federal budget will only We are also grateful that the legisla- was part of national defense. Our high- be about $3 billion. But the airlines get tion provides more support for essen- ways, our airways, and our railways the $10 billion essential to keep them tial air services, particularly in many are all part of our national defense in- in business. of our more rural areas, such as Water- frastructure. Also, this afternoon President Bush town, NY, that are totally reliant on Finally, I say once again how grate- made the first apportionment of mon- air service which still comes in to serve ful we in New York are for the tremen- ies we appropriated one week ago today those communities. dous and continuing outpouring of sup- for the Emergency Supplemental Ap- The passage of this legislation can port from the American people. I par- propriations Act for Recovery to the only be a beginning. We also must ticularly thank the President for his Terrorists Attacks. make our airports as secure as pos- strong support. I was overcome by his Out of the $40 billion in that Emer- sible. I am honored to join in legisla- absolute resolute commitment to re- gency appropriation bill provided to tion Senator HOLLINGS and Senator building New York in his speech last the President, he has this afternoon ROCKEFELLER and others are putting night as well as the other very strong transferred nearly $5.1 billion to De- forward to address the security issues words of reassurance and resoluteness partments and Agencies to address so that Americans have the confidence he delivered with respect to the chal- funding needs related to the attacks of I know they should have in flying once lenges we face. I appreciate greatly his September 11. again, resuming our normal life. leadership and his support throughout This is just the first in what will be We also will have to work together to this crisis. many more transfers out of the total develop a process so the many busi- The PRESIDING OFFICER. The Sen- funds provided. The Department of De- nesses that have sustained losses will ator from Texas. fense will immediately receive $2.5 bil- be able to seek relief in some expedited Mrs. HUTCHISON. Madam President, lion and the Federal Emergency Man- process and not get buried and even I yield 5 minutes from my time to the agement Agency will receive $2.0 bil- bankrupted by an extensive round of Senator from Virginia. lion today. litigation. I just learned that the liti- The PRESIDING OFFICER. The Sen- But also within today’s transfers is gation that was filed following the 1993 ator from Virginia. $141 million for the Department of bombing of the World Trade Center is Mr. ALLEN. Madam President, I Transportation, the bulk of which is to still ongoing. Businesses have no cer- thank Senator HUTCHISON, who has the FAA to support immediate in- tainty, no resolution of what their li- been an outstanding leader on the issue creased airport security measures. I am ability, if any, might be. We need to of aviation safety and better airline sure, once again this is just the first of avoid that in the wake of this tragedy quality for many years. what will be much more funding com- and do everything we can to come up This is not something that Senator ing out of the $40 billion to increase se- with a process that deals with the HUTCHISON first started worrying about curity measures at our airports and ex- needs of other businesses as well as the after this terrible disaster of Sep- pand the Federal Sky Marshal pro- airline industry. tember 11. She has been working on gram. I also hope that the assurances we this issue way ahead of time. If more This expansion requires first-rate have received with respect to the air- people had listened to Senator training for our new law enforcement line workers who have been laid off or HUTCHISON years ago, some of the con- officers. The Federal Law Enforcement displaced will be addressed as soon as cerns we are now finally addressing Training Center, FLETC, in Artesia, possible. I am well aware that a pack- would have been addressed. NM, is uniquely positioned to serve as age being considered to help the work- I join with many of my colleagues in the primary training center for the ers was stripped out of this bill. We thanking Senator HUTCHISON and all

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9598 CONGRESSIONAL RECORD — SENATE September 21, 2001 those who worked together on this cosponsor her bill to provide unemploy- A strong airline industry is critical package to provide some stabilization ment assistance, extend healthcare to the national economy. We need to for air transportation. benefits and to provide for worker re- keep the airlines flying. But we also Yesterday we had hours and hours of training. We need to act today on aid need to provide critical assistance for hearings with Secretary Mineta, who for the airlines so that future job losses the airline workers and other workers all of us recognize did a great job in co- are avoided, and in the future let’s who have lost their jobs as a result of ordination with the FAA, in grounding make sure we take care of those hard- this disaster. I call on my colleagues all flights. They saved lives. They working employees who are have al- and the President to address this mat- saved lives here in America with that ready lost their jobs through no fault ter as soon as possible. No one has been quick decision. of their own. I thank my friend from more affected by this than our State of However, without that decision in re- West Virginia. Washington, and Senator MURRAY has sponse to the terrorist attack, our air- I yield the floor. spoken frequently about this, as well lines would be in much better financial The PRESIDING OFFICER. Who as Senator CANTWELL. shape today. We are now in a different yields time? I yield a minute to the Senator from paradigm, a different world. The Senator from Massachusetts is Washington and the remaining time to I have heard comments from my col- recognized. the floor manager. leagues: Why is the Federal Govern- Mr. KENNEDY. Madam President, The PRESIDING OFFICER. The Sen- ment involved in this versus other the airline industry’s damages from ator from Washington. businesses? The main reason is, the the September 11 terrorist attacks are Mrs. MURRAY. Madam President, I Federal Government controls the air, immense and unprecedented. Clearly, thank my colleague from Massachu- and the FAA grounded all the air- we must provide relief for the airlines, setts. I thank all of our colleagues who planes. It actually said: You must stop but we must not forget the airline have worked together in a very bipar- business. That decision has caused workers and other workers harmed by tisan manner over the last week to ad- losses for the industry. Today we will this tragedy. dress the critical issues coming at us. I vote to provide compensation for those Failing to include relief to workers know we need to help the airline indus- lost revenues resulting from this nec- in this bill is a serious omission. It is try, and that is why this bill is impor- essary decision regarding the safety of essential for Congress to act as soon as tant. our citizens. possible to provide support for airline I remind my colleagues that thou- We also recognize the absolute essen- workers. sands of workers were left out of this tial nature of air travel for our way of The toll across the economy from bill. I have 30,000 employees in my life, for our economy, for commerce, this tragedy will be staggering, and the home State of Washington at Boeing and for our national security. It has economic hardships to millions of who have been left out of this bill. been stated by many others how impor- American working families will be se- They are just as patriotic and they tant it is for our economy and how vere. Large numbers of workers have have worked just as hard. They deserve many jobs are affected. already been laid off, and the working our attention just as much. We should In our Commonwealth of Virginia, poor will soon become the unemployed not forget them when we are taking Reagan National Airport is shut down poor. care of the owners of these airline com- today. It remains the only airport in We have already seen tens of thou- panies. the Nation that is prohibited from op- sands of layoffs. Who are these work- It is the workers who go to work erating. There are 10,200 employees ers? They are the flight attendants who every day who make this country great currently out of work, and then about are single parents raising their kids on and strong. We need to make sure we five to seven times as many employees their own; they are the reservation have a commitment to them in the indirectly affected who are also out of agents trying to make a living; they coming week to put together an avia- work. are the security clerks, cashiers, and tion package that includes employee General aviation fortunately is back, baggage handlers. assistance for those who have made at least at a greater level than it was I also understand that the airlines this country what it is. previously. But we know that the lay- are trying to get out from under the I thank my colleague from Massachu- offs are in the tens of thousands across contracts they have with employees. I setts and Senator CANTWELL from my this country. We recognize the need for think this is wrong. State, and other Members, such as Sen- safe planes. Next week we will address We are assisting the airlines, and ator CARNAHAN. I pledge my support to airline safety with efforts to make sure they should not leave their workers make sure this Senate doesn’t forget the cockpits are safer and the security high and dry. We need to provide crit- the workers as we put together the is better. Today we will address the fi- ical long-term unemployment insur- aviation package that has been prom- nancial losses resulting from the ance benefits, training assistance, and ised. I thank my colleague from Massa- events of September 11. health care coverage for workers af- chusetts, and I yield the floor. However, I had hoped that this bill fected by these terrorist attacks. Lay- The PRESIDING OFFICER. The Sen- would include assistance for workers offs in the airline industry alone are ator from Texas is recognized. who had lost their jobs as a result of expected to total more than 100,000 Mrs. HUTCHISON. I yield 3 minutes the airlines being grounded. workers. to the Senator from Pennsylvania. Mrs. HUTCHISON. Madam President, Even beyond the issue of fairness, Mr. SPECTER. I thank my colleague my time is taken. I apologize, but my helping workers during a slowing econ- from Texas. I am encouraged to see the time is taken. omy is good economic policy. The un- Senate and the House moving so The PRESIDING OFFICER. Who employment insurance system will be promptly on this legislation to keep yields time? critical to our Nation’s recovery and the airlines functioning. The terrorist Mr. ALLEN. Senator ROCKEFELLER, economic health. Unemployment bene- attack is really an attack against the may I have 1 minute of your time? fits help workers bridge the gap be- United States as a whole, and when we Mrs. HUTCHISON. Our time has been tween jobs. It also puts the money in have losses directly attributable to divided. the hands of the unemployed. Unem- that attack, it seems fair to me that Mr. ROCKEFELLER. I yield 30 sec- ployed workers spend benefits rather the entire Nation should sustain those onds. than saving them, thereby stimulating damages. What we are doing today Mr. ALLEN. I thank the Senator the economy. with the cash grant and especially the from West Virginia. I share the desire Workers deserve action on this issue loan guarantee will keep the airlines to make sure employees who are out of from this Congress. This is not just a operating, which is very important for work are also taken care of with both matter of labor rights; it is a matter of the lifeblood of our country and very health and unemployment benefits. I human rights, fairness, and decency. important for an economic recovery. am working with Senator CARNAHAN of Every day we delay, more workers suf- US Airways, illustratively, needs the Missouri to make sure that this is fer. American workers are waiting for loan guarantees in order to get financ- made part of the overall package. I will relief, and we owe it to them to act. ing to keep operating. US Airways is

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9599 only one of many carriers across the September 11, 2001, will be limited to lines saying they will lower terrorist- country, but it illustrates the problem the amount of the insurance coverage related protections in their policies. and it illustrates the issue especially they have for such instances, and all They have said they are not going to be pertinent to my State of Pennsylvania, legal cases stemming from these inci- able to pay their bills. If we don’t do which has some 17,000 US Airways em- dents will be consolidated in the something, we can literally see the ter- ployees dependent upon their jobs. This United States District court for the rorists shutting down the airlines next is a very, very important matter for Southern District of New York. week. We have worked with Senators Pennsylvania, and a very important Most importantly, working with Ma- DASCHLE and LOTT, Speaker HASTERT matter for America. jority Leader DASCHLE, Republican and Congressman GEPHARDT, Senators This legislation also establishes a Leader LOTT, Speaker HASTERT, Con- HATCH, KOHL, DEWINE, SCHUMER, and very appropriate procedure for compen- gressman GEPHARDT, and Senators CLINTON, and we put together a vic- sating the victims on a program ad- HATCH, KOHL, DEWINE, SCHUMER, and tims’ compensation program to provide ministered by the Attorney General’s CLINTON, we have established a Victims for victims and their families. It is office without going through the long Compensations Program to provide ex- going to be simple. It is a speeded-up litigation process. However, it is only a pedited payments to victims and their process. In fact, the payments will be first step. families. To be eligible for compensa- tax free, with prompt filing, quick re- There is more to be done on airport tion, applicants will need to provide in- view, and prompt payments to victims security, on security within the air- formation about the harm they suf- of families. We literally had children planes, on compensation for the work- fered or death linked to the terrorist who kissed their parents good-bye in ers with some 100,000 already having attack, but they will not be required to the morning and came home at night lost their jobs, and with the ripple ef- prove negligence or liability. It is our and found that they were orphans, and fect on hotels, on the airport com- responsibility to provide fair com- the mortgage is due in 2 weeks. We plexes, on restaurants, on tourism, and pensation to those most affected by have to do something to help them. We on the airports which sustain them- this disaster. We have devised a plan can. selves by having the shops now unfre- that means prompt filing, quick re- The victims in this tragedy are in quented by customers because only view, and prompt payments to victims need of relief. The airline industry is in ticketed passengers can get within the and families. need of relief. area. The Department of Justice will su- The terrorists will have even a great- How much time remains on my 3 pervise the Victims’ Compensation er victory if we do not help. We can minutes? Fund that will be administered by a help. The PRESIDING OFFICER. The Sen- Special Master. The Special Master I yield the floor. ator has 45 seconds. will make a final determination of an The PRESIDING OFFICER. Who Mr. SPECTER. I yield back the time. applicants eligibility and level of com- yields time? The PRESIDING OFFICER. Who pensation within 120 days of receiving a Mr. ROCKEFELLER. Madam Presi- yields time? claim. All payments must be paid with- dent, I yield 10 minutes to the senior Mr. ROCKEFELLER. I yield 2 min- in 20 days after the determination. Senator from West Virginia. utes to the Senator from Vermont. This is a simple and fair approach to The PRESIDING OFFICER. The sen- Mr. LEAHY. Madam President, I put the victims and their families first. ior Senator from West Virginia has 15 thank the Senator from West Virginia. These payments will be tax free. Filing minutes of his own time under the The heart of every American aches a claim under the program will pre- agreement. for those who died or have been injured clude other civil remedies. Mr. ROCKEFELLER. Madam Presi- because of the tragic terrorist attacks This program is targeted to help the dent, I revise my statement simply to in New York, Virginia, and Pennsyl- neediest victims and their families. say the senior Senator from West Vir- vania on September 11th. Our first pri- When making a determination, the ginia has 15 minutes under the unani- ority should be ensuring that their Special Master will take into account mous consent agreement. needs are met and that they receive any life insurance, death benefit, or The PRESIDING OFFICER. The sen- adequate compensation. other government payment received by ior Senator from West Virginia. At the same time, the airline indus- the victims and their families. Mr. BYRD. Madam President, the try of this country is in grave danger The victims in this tragedy and the distinguished majority whip wishes me of collapse. The industry has an- airline industry are in need of relief. to yield time to him. How much time nounced more than 100,000 layoffs. In- The terrorists will win if victims con- does he need? surance companies have reportedly tinue to suffer and the airlines go Mr. REID. Three minutes. contacted the airlines about lowering under. Establishing the Victim Com- Mr. BYRD. I yield 3 minutes of my the terrorist-related protections in pensation Fund and giving the airlines time to the Senator. their policies. And they have warned the capital they need to continue oper- The PRESIDING OFFICER. The Sen- that they are running out of cash. If ating are crucial first steps in our na- ator from Nevada. Congress does not pass this legislation tional healing process. I thank the Mr. REID. Madam President, I re- today, it is likely that all of our Na- leadership of both parties in both ceived a letter, as did all Senators, tion’s air carriers would cease service Houses of Congress for their coopera- today addressed to the Honorable TOM next Wednesday. tion in moving this essential legisla- DASCHLE, majority leader, and the Hon- The bipartisan, bicameral legislation tion forward. orable TRENT LOTT, minority leader, of we are considering today provides $5 Madam President, again, the heart of the U.S. Senate. The letter reads as fol- billion in direct grants to cover the every American aches for those who lows: cost to the airlines from the closing of have died or have been injured because DEAR SENATORS: The Association of Trial all the nation’s airports after last of the terrorist attacks in New York, Lawyers of America (ATLA) commends the week’s terrorist attacks. The bill also Virginia, and Pennsylvania on Sep- United States Congress and President Bush provides $10 billion in loan guarantees for their leadership and decision to put fami- tember 11—and due to the ripple effect lies victimized by our national tragedy first to help the airlines through their cash out to New Jersey and Connecticut and and to ease their pain by expediting appro- crunch, funds to be distributed within Maryland and the District of Columbia. priate relief to them through the ‘‘Sep- 14 days by a four-member Air Trans- It has been terrible. I think we have to tember 11th Compensation Act of 2001.’’ portation Stabilization Board. Further, ensure that the needs of those who suf- ATLA agrees with you that extraordinary it extends the existing War Act, which fered most directly are met, that they situations demand extraordinary response. protects airlines from liability during receive adequate compensation. At least seven thousand families are hurt- wartime for overseas flights, to cover We also know that the airline indus- ing more than any of us can imagine. And, because the first priority of every American domestic flights and include terrorist try in the country is in danger of col- should be prompt and full justice for the acts. Finally, it provides that the li- lapse. They have announced, I believe, thousands of families who know first-hand ability of the airlines involved in the around 100,000 layoffs. Insurance com- the unspeakable horror visited upon the terrorist-related airline crashes on panies reportedly have contacted air- world on September 11, 2001, members of

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9600 CONGRESSIONAL RECORD — SENATE September 21, 2001 ATLA will provide fine legal services to any prices. Indeed, today, it is often cheap- be needed for the airlines in later bills. family wishing to pursue justice through the er to fly from Washington D.C. to Lon- The airlines should be on notice and fund established by this unprecedented, hu- don, England, than it is to fly from the Department of Transportation manitarian legislation. Washington D.C. to Charleston, WV. should be on notice that if the provi- ATLA believes that 100% of the compensa- The quality and cost of service to tion from the fund should go directly to sions in this bill are not applied appro- these families. many of our smaller airports in West priately, and we see a pattern wherein The officers and Executive Committee of Virginia and across the Nation are the small communities of our Nation ATLA have volunteered to be the first attor- even worse. are not being treated fairly, we will be neys to provide legal services free of charge Yesterday, as part of a Transpor- back with stronger legislative meas- under this program. tation Appropriations Subcommittee ures to address this problem. This issue God Bless America. hearing with Secretary Mineta, I ex- will not go away with the passage of Sincerely, pressed my view that we should not be this bill. Leo V. Boyle, President, on behalf of the providing the airlines with billions of As we stand poised to hand the air- 60,000 men and woman of ATLA. dollars from the income taxes of hard lines billions of dollars in general rev- The PRESIDING OFFICER. The Sen- working Americans without requiring enue tax dollars, we must ensure that ator from West Virginia. the air carriers to provide a reasonable taxpayers in all communities, small Mr. BYRD. Madam President, the bill level of service to those Americans. and large, have access to reasonable currently before the Senate provides $5 Now that this industry must live off and affordable air service. During this billion in immediate direct cash assist- the generosity of the U.S. taxpayer, at time of national crises—during a time ance to the airline industry. It also least for a while, I think we have a re- of war—we should require that there provides up to an additional $10 billion sponsibility to ensure that the tax- will be air service to all parts of Amer- in loan guarantees for the airlines. payers are well served. But today, we ica to ensure that there is mobility for This bill is not simply an authorization find that the airlines are cutting back all Americans. bill. It is also an appropriations bill service and eliminating cities from I want to thank my colleague, Sen- which provides funding over and above their national network at the same ator ROCKEFELLER, for the leadership the $40 billion Emergency Supple- time they have their hands out on Cap- he has demonstrated in this area of leg- mental Appropriations Bill that the itol Hill. islation. He has done a great piece of Senate passed one week ago today. I recognize that the airlines find work. He is highly dedicated to the The airline industry is essential to themselves in such precarious financial service of his constituents, who are my this Nation’s commerce. It produces condition because of a recent tragedy constituents, but in thinking of our about $125 billion annually and creates of massive proportion. However, the constituents we are also thinking of work for thousands of manufacturers airlines were not doing so well before Americans across this country who live and other companies. The Federal Gov- that time. I am determined to make in rural areas and who have been de- ernment cannot allow this industry to sure that the airlines do not use this prived of fairness in service and in con- fold without seriously disrupting the incident as a rationale for abandoning nection with costs in flying. United States economy. That fact is or dramatically reducing service to I yield back the remainder of my not lost on this Senator. communities that depend on that serv- time. However, we have now reached an im- ice to connect with the national econ- The PRESIDING OFFICER. Who portant turning point in the relation- omy. yields time? ship between the Federal Government Toward that end, I want to call the Mrs. HUTCHISON. Madam President, and the airlines, and this should not go attention of the Senate to a critically I yield 2 minutes to the Senator from unnoticed. As of this day, the airlines important section of the bill. Under Alabama, Mr. SESSIONS. The PRESIDING OFFICER. The Sen- are now required to live off the gen- this bill, the Secretary of Transpor- tation is granted broad new statutory ator from Alabama. erosity of the general treasury. We are Mr. SESSIONS. Madam President, I about to grant them several billion dol- authority to require an airline that re- ceives direct financial assistance under appreciate the work of our leadership lars of assistance, not from the Avia- in this Senate working together to tion Trust Fund, not from any ticket this act to continue to provide service to any city that it was serving prior to produce legislation that each day, taxes from airline passengers, but from since this tragedy occurred, we have the general treasury. We are talking the tragedy of September 11. The bill also grants the Secretary the been virtually unanimous on. I want to about money from people’s income authority to require any airline taking keep that unanimity going. I express taxes, including the income taxes of assistance under this act to enter into my appreciation to Senators DASCHLE, millions of Americans who did not agreements to ensure that all commu- LOTT, NICKLES, REID, and the others board a plane last year, who will not nities that had scheduled air service who have worked on this legislation. I board a plane this year, and who will before September 11 continue to re- know there is a belief that there is a not board a plane next year perhaps. ceive adequate air service. critical time period, and apparently Twenty-three years ago, the Senate These provisions, if applied appro- there is, an insurance problem of mon- passed the conference report on the air- priately, will ensure that the small cit- umental proportions that needs to be line deregulation bill on October 14, ies and the rural airports of America dealt with promptly. 1978 by a vote of 82–4, I believe. I was are not cut off from our national avia- However, I do believe, as Senator Majority Leader at the time. I was tion system as the industry endures a FITZGERALD from Illinois has said, we among the 82 Senators who voted for downturn. The Committee on Appro- are rushing this matter, that this bill that bill. And as I have mentioned on priations, which I chair, will monitor is not a perfect bill. It is far from a per- the Senate floor many times, I have re- carefully how Secretary Mineta imple- fect bill. Maybe it is approximately gretted that vote ever since. ments these critically important provi- correct, but we do not know all of that My colleague at that time was Jen- sions. He has been granted important yet. I am not happy with how fast this nings Randolph. Jennings Randolph new powers in this time of crisis, and I is moving and how much money we are voted against deregulation. I voted for expect him to use these powers. The dealing with. I want to support our deregulation. He voted the right way at committee will also monitor carefully leadership. I know they have ham- that time, and I voted the wrong way. the actions of the airlines when it mered it out. I know they have made I regret that vote because ever since comes to discontinuing routes and re- some progress. I know they have made deregulation, numerous airlines have ducing service. We must see to it that some agreements. I know Senator pulled out of West Virginia and other the small communities of our country NICKLES has worked hard to bring as rural states altogether. Many of them are not relegated to the status of an much accountability as he could in the pulled out immediately following the economic backwater as the jets keep time he had to make this a reality. So vote. My constituents and millions of flying from New York to Los Angeles I salute them for it, but I am not con- other Americans who live in smaller to London and to other far away ports. vinced we are doing it the right way. communities have been left with infre- I understand there are discussions I was pleased to see trial lawyers say quent air service at astronomical that additional Federal assistance may they would do work for free, but I am

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9601 not sure that, in the way we have craft- ton to Dulles—I was the only passenger our communities have made to attract ed the bill, a client still does not need on the plane. Many of my colleagues and retain air service, and turn their a lawyer that is loyal to them and that have mentioned that they’ve had simi- residents into aviation ‘‘have nots.’’ It is paid by them. I would like to see us lar experiences in the past ten days. would also set in motion the slow im- create a way to compensate people Flights are departing West Virginia plosion of the U.S. airline industry, simply by who they are. If they are the airports with a load factor of 25 per which would spread to larger hubs and widow of a person who has lost his life, cent—only one in four seats filled. Un- airports as well. And finally, it would they can make a claim and certify that fortunately, this is not, like last give the terrorists who perpetrated last and get their payment without any fees week’s closure of the New York Stock week’s heinous attacks the ultimate needing to be paid. Maybe we could do Exchange, a temporary phenomenon. victory, as their actions would lead to that in this kind of mass tort. We have Based on past air disasters or inter- a severe curtailment of America’s free- not had time to think that through. national conflicts—none of which was dom of movement and mobility. I know this bill is probably moving of the same massive scale as last Tues- It is the shared consensus of this on to passage tonight. I am troubled by day’s attacks—airlines are predicting body that cannot be permitted to hap- it. We are going to need to do some that passenger traffic will be down by pen, and that has driven our remark- work on it in the future, and I expect almost half for the remainder of this able efforts this past week to put to- we will be coming back and revisiting year, and will take until next summer gether a stabilization package for our this. I think that should be made clear. to return to normal levels. And those nation’s airlines. I yield the floor. are optimistic estimates. It will contain up to $5 billion in im- The PRESIDING OFFICER. Who This kind of crisis could do irrep- mediate credits to reimburse airlines yields time? arable harm to the ability of America’s for the revenues they lost when the The Senator from Texas. airlines to continue in business. Air- government shut down U.S. air space Mrs. HUTCHISON. I am going to fin- lines lost $300 million each day that last week. It will also contain $10 bil- ish our 30 minutes of time by saying they were shut down last week. They lion in loan guarantees so that our air- this is not a perfect bill. There are are set to lose billions more in the lines can continue to obtain financing areas we have not addressed but that coming months. Their insurance rates in the coming months. we will address in the future. Since have shot up, with some airlines telling It will limit airlines’ liability for col- September 11, 2001, a lot of things have us of a 600 percent increase in their in- lateral damage incurred as a result of been thrown at us, and we are going to surance rates. Coming on top of what last week’s terrorist attacks up to the handle every one of them as they come. was already a difficult outlook because amount allowable under their insur- We will keep the airlines flying. We of our slowing economy, the nation’s ance policies—a key provision because will try to minimize the damage to the airlines—main line carriers and re- our airlines might otherwise not be economy of layoffs from the airline in- gional carriers alike—could be in bank- able to obtain or afford insurance. dustry and all the other people who are ruptcy within a few weeks and possibly It will set up a victim’s compensa- laid off from their jobs. We will take it out of business within a few months. tion fund for the families of the inno- one step at a time. Already we are seeing the first signs: a cent victims of last week’s despicable Senator ROCKEFELLER and I have round of massive, painful layoffs for attacks. worked hand-in-hand on this issue and nearly 100,000 of our nation’s hard- It will provide $120 million in addi- on the security issue that we will have working airline employees. And huge tional authorization authority for the on the floor next week or the week cutbacks of around 20 percent to most Essential Air Service program, a key after, because security is what will airlines’ schedules. element in preserving air service to make the flying public feel safe in our Some people have said, well, this is smaller communities. skies. So we are going to address this the market, and it’s not the American This package is an important first issue and keep the airlines financially way to interfere with the market. But step in stabilizing the U.S. airline in- secure in the interim period while we I’ve been pleased, as chairman of the dustry and ensuring that air service to are getting that security bill passed so Senate’s Aviation Subcommittee, to communities across the nation sur- America will not be in any way ham- see a broad consensus among my col- vives this crisis. But it does not ad- pered in our freedom and our ability to leagues that the air transport industry dress all the needs that this crisis has have commerce and business as usual is not just a huge business and em- created. in our country. That is what we are all ployer, but it’s also a critical element One important issue we will need to trying to accomplish. of our nation’s infrastructure. Nowhere take up in short order is the plight of I yield back the remainder of my is that more the case than in the the nearly 100,000 airline workers who time. smaller states and communities like will lose their jobs as a result of this The PRESIDING OFFICER (Mrs. LIN- West Virginia. When people think of week’s cutbacks. We have already COLN). The Senator from Oklahoma. the airline industry, they usually begun to see airline layoffs in West Mr. NICKLES. I yield to the Senator think of big hub airports like Virginia. Excellent workers who ex- from West Virginia. Hartsfield and O’Hare. But airline traf- pected a promising career in a growing Mr. ROCKEFELLER. I commend the fic is just as important—maybe more industry, until terrorists hijacked four majority leader for his hard work in important—to smaller communities planes and frightened Americans out of putting together an airline stabiliza- like Beckley and Bridgeport. Safe, con- the skies. We must take measures to tion bill that will save our nation’s air- venient and affordable air service rep- address their needs. We provide special lines and our air transport infrastruc- resents an important element of our ef- assistance to American workers who ture. I will strongly support this bill forts to attract development to our have been displaced by foreign trade; without amendment. state. It’s an important connection we must provide the same level of as- The terrorists who launched those that allows our citizens and our busi- sistance to American workers who despicable attacks on September 11 nesses to overcome our state’s historic have been displaced by foreign ter- took thousands of American lives, and isolation created by our mountainous rorism. did billions of dollars of damage. It has terrain. We must also be prepared to look at also become clear in the past 10 days And when I see planes flying with one the needs of related industries, as well that they dealt a body blow to the U.S. passenger, and learn that carriers are as the future needs of the airline indus- airline industry, on which virtually all cutting back on their schedules, and try. Many related industries—aircraft of our citizens depend to one degree or hear that several carriers could be in manufacturers, travel agents, and var- another. bankruptcy within two weeks, I know ious travel-related businesses—have al- Demand for air travel has virtually that the first communities to be hit ready begun to feel the effects of this collapsed in the past week. Last week- will be small communities like those in attack. We will have to look carefully end I flew back to West Virginia, and West Virginia that are at the end of at the real needs of those industries, on the return flight Sunday night— the food chain, so to speak. That would and be prepared to take bold measures usually a crowded flight from Charles- be tragic. It would reverse the efforts where they are needed and appropriate.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9602 CONGRESSIONAL RECORD — SENATE September 21, 2001 One thing is certain: the survival of communities that now have assistance do so. That is vitally important. We did America’s airlines is a key element of in Federal air service would continue it last week; we did it this week. any solution. Their needs are real and to receive it. In my opinion, it should Some people said we want to rewrite urgent, and I congratulate the major- not have been put in, but it is in and I unemployment compensation laws and ity leader on his success in putting to- am not that upset. It does give some make everybody whole on unemploy- gether a stabilization package that will discretion, but in some of these com- ment compensation because of the air- address them. munities we have airplanes flying with line employees, because of restaurant The PRESIDING OFFICER. The Sen- two or three people on them and they employees, et cetera. We have to be ator from Oklahoma is recognized. cost a lot of money. They cost the air- cautious. The unemployment com- Mr. NICKLES. I thank the Chair. lines and taxpayers a lot of money, and pensation system can be enormously (The remarks of Mr. NICKLES per- I question whether we should mandate expensive. We have an unemployment taining to the submission of S. Con. that it continue. compensation system providing bene- Res. 73 are located in today’s RECORD The language we have in the bill is fits in most cases for 26 weeks. I don’t under ‘‘Submission of Concurrent and less than a mandate. It does have some know that has such urgency we need to Senate Resolutions.’’) discretion, so hopefully common sense address it in the next week. Some said Mr. NICKLES. Madam President, I will prevail. That is not a particularly we need to do this next week. Almost have worked with some of our col- big provision. everyone in every State of the Nation leagues on the underlying bill that Most importantly, the bill does pro- has unemployment compensation that deals with assisting the airline indus- vide some limitation on liabilities for will last at least for 6 months. try to try to make a significant and the air carriers. If we did not have We have made good progress in pro- positive impact, and I compliment both that, they probably would not be able viding stability for the airlines. They Democrats and Republicans, because to buy insurance. They probably would will be able to buy insurance; they will we have worked together, and I think not be flying in a month. We did not be able to continue flying. We provided we are passing a bill tonight that will want that to happen so we did put some cash assistance and provided loan guar- provide needed assistance to the airline liability protection, some limitations antees to get them through, bridging industry. there. Carriers would be liable on Sep- this very difficult time as a result of This bill has several provisions some tember 11. The limitations for liability the terrorist act and tragedy that hap- of our colleagues are somewhat famil- will be for the amount of insurance pened on September 11. iar with, some maybe not, but it has a they have. So that was pretty well I encourage my colleagues to vote in provision that provides for $5 billion in agreed upon. favor of this legislation. cash assistance. Some people said that The prospective liability, where the For the information of our col- is too much. Actually, last Friday we Government would assume additional leagues, a lot of people are wanting to were looking at a bill that was two and liability if there were another act of get out of town. It is my intention to a half. The airline industry generates war or terrorism, was pretty well yield back the remainder of time and revenues of about $2 billion per week, agreed upon. commence the rollcall in a very short and this bill provides $5 billion. Well, We also passed legislation, and it be- period of time. they were shut down for 21⁄2 days, but gins on page 19 and goes through page Mr. ROCKEFELLER. Madam Presi- certainly when they started again they 30 in this legislation, called victims’ dent, the Senator from the State of Or- had significant losses, and this $5 bil- compensation. It basically says that egon has up to 5 minutes. lion is an attempt to offset the losses victims and/or their family survivors, Mr. WYDEN. In a few hours the U.S. that will be incurred not only for the people who were killed by the terrorist Congress is going to respond to the shutdown but for the resumption of act of September 11, may receive finan- horrible tragedy in New York in an un- service, and that is for the time period cial assistance or at least have legal precedented way. The U.S. Congress is from September 11 through December recourse. They can do it either by going to vote to send billions of dollars 31. suing in a Federal district court or to the airline industry, while not mak- Also, there are losses that have to be they can do it through a new system ing any funds available to the scores incurred. I would love to see ridership we are now creating in this legislation and scores of other businesses across come up to a very full volume in a very called the special master. this country affected by this tragedy short period of time and maybe that $5 It was my hope this would not be in- that also teeter on bankruptcy. billion would not be necessary. In all cluded in this legislation, that we The process that the U.S. Congress is likelihood it will be. The legislation would defer it until we had a little using is also unprecedented. The num- also provides for $10 billion of loan as- more time to study it. This is very ber being used to send these billions of sistance. Some people have asked for complex law. It deals with the State of dollars of taxpayer money to the air- details, but we left the regulations up New York law, it deals with Federal line industry comes from the airline in- to OMB, and some people have disputed law, it deals with liability, and the li- dustry itself. There has not been an whether it be cost share, whether it ability of not only the airlines but also independent, third party review of the will be a guaranteed loan amount. the building, the port authority, and numbers and the projections on which When we did the steel loan guaran- other individuals and governments. It this legislation tonight is based. It is a tees, that this Senator did not support is very complicated and very complex. leap of faith. The Congress tonight is but we put a percentage must be re- Although I think the committees and responding to the airline industry’s as- quired, the Federal Government did the other people who worked on it did sertion that because this tragedy is so not guarantee 100 percent. The Federal a pretty good job, the special master dire and the circumstances so enor- Government guaranteed up to a per- has enormous responsibility under this mous, we should waive the traditional centage, and I hope that would be the legislation, to be making determina- process of saying that someone inde- case in this bill. So it would not be a tions on what family survivors will re- pendent should evaluate a piece of leg- 100-percent Federal loan guarantee but ceive, what injured members and indi- islation such as this involving billions up to 80, with those regulations to be vidual will receive. and billions of dollars. determined by the Office of Manage- I am not against having a victims’ But it is also unprecedented, the hor- ment and Budget. They have 15 days to compensation section, but when we put ror and the tragedy that the Congress do so from date of enactment. this together in a short period of time, must address. Tonight, in what has The legislation also has about a page I am not sure we did it the best way. I been one of the hardest decisions I have and a half, or two pages, dealing with am not trying to be critical, and I have had to face, I am going to vote for this essential air service. It is my thought assurance from proponents of this, as legislation because of one addition that that should not be in the legislation, late as last night: If we find it is in has been made, and I am pleased to an- and it is because Senator BYRD and error and it needs adjustments, we will nounce it tonight. Senator DASCHLE, Senator ROCKEFELLER and others want- revisit it. I compliment my colleagues the majority leader, has worked so ed to have it and said the Secretary because we have operated in a bipar- hard on this legislation; Senator HOL- should make efforts to endeavor that tisan spirit, and we should continue to LINGS, chairman of the Commerce

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9603 Committee, has done yeoman work on bill can and must be reworked in the bility for our way of life. We have to this bill; Congressman DOGGETT; and a days to come. act to keep our airlines flying without variety of Members have indicated I am pleased at the recognition that throwing the free market out of the they expect the General Accounting Of- will assure essential air service, help to window. These businesses need to show fice to give a briefing to the U.S. Con- airlines that serve small, rural commu- that their requests for assistance are gress by September 28 on this legisla- nities throughout the nation. tied to the recent terrorist attacks and tion. I am pleased that we remembered the not debts incurred prior to September I make it clear tonight, if it appears regional air carriers and proportionally 11, 2001. They also need to show that on September 28 or in the days that helped them. the financial assistance they receive succeed that briefing that this legisla- I understand the reluctance of the in- will be used wisely, keeping their tion was in excess of what the airlines surance companies to continue to in- planes flying and their employees needed, I am going to come back on sure air carriers, because of the uncer- working. this floor and do everything in my tainty of the exposure, so I am pleased I believe that the airlines should sub- power to send this money to the scores that an insurance provision was pro- mit a business plan to the U.S. Depart- of other businesses across this country vided. ment of Transportation to justify why that teeter on bankruptcy tonight. I am pleased that provisions were put they need the grant funding and loan This is unprecedented, first, because of into the bill that would remove con- guarantees and what the funds will be cern and provide assurance that the the tragedy; second, because one class used for. Within the business plan, the grant money will not be golden para- of those affected in the airline industry airlines should state specific provisions chutes for highly paid executives. is receiving help while others are not; that executive management of the air- I know the bill now has provisions for lines should not receive pay increases and third, because there has not been audits to be sure the money is spent an independent analysis of what the greater than the cost-of-living adjust- within the criteria set out. I would feel ment and they should not receive any claims actually constitute and what more comfortable if the audits were bonuses due to the funding allocated to funds are truly needed. mandatory instead of optional. Tax- Because the circumstances are so them by this bill. I believe this emer- payer money always comes with gency funding for the airlines should dire, the Congress is going to vote for strings. this legislation over the next few help all airline employees, not just the I understand the need for expediting executive management. hours. I want the Congress to know, compensation to victims, but I’m not I have been assured there will be spe- that briefing on September 28 will be sure that we have done that. Perhaps cific criteria when directing federal critical because it will be our first we have just opened up a trial lawyer’s funding to the airlines in the form of a chance to get an objective analysis of dream. I have been assured that section loan guarantee. For example, the bill whether the industry needs this sum of will be reworked to give assurance that gives the President the authority to money and needs it for the claims that the money will go to the victims and issue the $10 billion in loan guarantees are being made. not just to attorneys, and that the tax- to the airline industry subject to terms I wrap up by saying in my view Sen- payer won’t be the one providing all and conditions as he seems necessary. ator ROCKEFELLER and Senator the compensation. I had hoped that the We must assure there is no abuse and HUTCHISON have done a first-rate job on Federal obligation would be available that the bill protects the federal gov- this legislation. This is, as we all only for those who took the expedited ernment who is the U.S. taxpayer from know, just the beginning of the debate avenue of resolving their loss using the incurring costs from the possible de- about how to deal with the financial Special Master. faulting on the loans. consequences of the horror in New I applaud my colleagues and the Ad- Traditionally, loan guarantee pro- York, but it is a particularly difficult ministration in expediting aid to the grams ensure that the General Ac- choice the Congress is making tonight. nation’s airlines under this bill for counting Office, GAO, can exercise its I assure my constituents and others damages arising out of the September authority by auditing the business that who are following this debate that the 11, 2001 terrorist attack. This initial receives a loan guarantee. The admin- way this money is going to be spent is funding will provide the resources nec- istration should include a provision something that is going to be scruti- essary to assure continuity and sta- that mandates the GAO act as the nized with as much care as any subject bilization of the airline industry. By auditor of this loan guarantee pro- that has ever come before the U.S. Con- including direct cash assistance, loan gram. At present, an audit may be con- gress. guarantees, increased air transpor- ducted by the GAO and U.S. Depart- I yield the floor. tation safety, and prospective and prior ment of Transportation if the Comp- Mr. REID. Madam President, it is my liability provisions, the bill will ensure troller General and Transportation understanding that all time is going to the safety of the American public and Secretary deem necessary. We have to be yielded back on this matter. restore confidence in our economic ensure that the funds are spent accord- Mr. ENZI. I rise to make a few re- foundations. The provisions of this bill ingly in relation to the intended pur- marks concerning the Air Transpor- are designed to restore the confidence pose of this bill. tation System Stabilization Act. of airline customers and industry in- Furthermore, the bill should more di- First, I would like to associate my- vestors and provide a bridge of assist- rectly address the higher costs in- self with the comments by the Senator ance to the new environment in which curred by commuter and short-haul from Alabama, Mr. SESSIONS and the the industry will need to operate. carriers and issues arising from recent Senator from Oklahoma, Mr. NICKLES. I am pleased that the bill states that changes in air transportation avail- I know we need to take immediate the U.S. Department of Transportation ability to small- and medium-sized action to keep the airline industry in Secretary should take appropriate ac- communities. These regional airlines the air. The last few days have taught tion to ensure that all communities, provide the only air service between us that air travel is the heart of our both rural and urban communities, the major airports and the more than a economy. Many businesses have been that had scheduled air service before hundred small- and medium-sized com- hurt by the events last week. I am dis- September 11, 2001, continue to receive munities in the West. appointed that help has not been of- adequate air transportation service and I am committed to supporting an fered particularly to the small busi- that essential air service to small com- economically strong airline industry nesses. But I realize that those busi- munities continues without interrup- for the West and the nation. Due to nesses will be out of business if air tion. In addition, the bill authorized an last week’s tragic events, we have real- travel ceases or is greatly reduced. Air- appropriation of $120 million for the ized that interdependence is key to lines are a lifeline for many occupa- Essential Air Service program. This ad- keeping our economy strong, if planes tions. ditional funding in the EAS program are flying, then the motels are being This morning I had many concerns will greatly benefit the rural commu- occupied and the restaurants are being about this bill. I am pleased that many nities in Wyoming. utilized. I look forward to supporting of my suggestions were taken and now Resumption of normal air travel is my colleagues in restoring public con- appear in the bill. Other parts of this essential for our commerce and the mo- fidence in the fact that the United

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9604 CONGRESSIONAL RECORD — SENATE September 21, 2001 States has the strongest and safest air- for friends and loved ones. Those people leader has committed to continue his line system in the world. are the first and most visible victims of work on this critical component in thy f the unprovoked terrorist attacks—but days to come. they are not the only ones. For the past 10 days, ever since the UNANIMOUS CONSENT AGREE- Already tens of thousands of workers terrorist attacks my congressional col- MENT—NOMINATION OF KIRK at major U.S. airlines have lost their leagues have spoken eloquently and VAN TINE, OF VIRGINIA, TO BE jobs due to the economic fallout of the with great emotion about the courage, GENERAL COUNSEL FOR THE DE- terrorist attacks on September 11. Cur- compassion and commitment of the re- PARTMENT OF TRANSPOR- rent projections are for a total of lief and rescue teams who have reached TATION 100,000 airline jobs to be cut this year— out a helping had to victims of ter- Mr. REID. I ask unanimous consent nearly 10 percent of the industry work- rorist, Today, we have our own chance that on Monday, September 24, at 2 force. Boeing, America’s leading air- to help thousands of other Americans p.m., the Senate proceed to executive craft manufacturer, has announced it who have been harmed by terrorism. session to consider Calendar No. 385, will lay off up to 30,000 employees by We must not turn away. the nomination of Kirk Van Tine to be the end of 2002. Mr. REID. I appreciate very much general counsel of the Department of These workers and their families are the comments of the Senator from Wy- Transportation; that the Senate vote secondary victims of the terrorists who oming and the Senator from Wash- immediately on confirmation of the attacked the World Trade Center and ington. The majority leader has asked nomination; that the motion to recon- the Pentagon, and Congress should not me to note for everyone the first vote sider be laid on the table, and any leave them to bear a disproportionate Monday will be at 2 p.m. on the Kirk statements thereon appear at the ap- share of the economic burden of ter- Van Tine nomination. propriate place in the RECORD and the rorism. Senator WARNER and Senator LEVIN, President be immediately notified of I am supportive of the overall intent the managers of the Defense authoriza- the action, and the Senate return to of this bill and the need to shore up the tion bill, have indicated there will also legislative session. airline industry, but I still have some be votes throughout the day. They are The PRESIDING OFFICER. Without concerns. moving that legislation as quickly as objection, it is so ordered. The current airline relief package is possible. Mr. REID. As in executive session, I good as far as it goes—but it does not We yield all time on our side. ask for the yeas and nays on that nom- go far enough. The PRESIDING OFFICER. The The airline relief package does noth- ination. question is on the engrossment and ing to ensure that airlines will uphold The PRESIDING OFFICER. Is there a third reading of the bill. their contractual obligations and other sufficient second? The bill was ordered to be engrossed commitments to employees. Those There is a sufficient second. for a third reading and was read the should be fundamental qualifications The yeas and nays were ordered. third time. for any airline seeking government as- The PRESIDING OFFICER. The bill f sistance. having been read the third time, the UNANIMOUS CONSENT The airline relief package does noth- question is, Shall the bill pass? AGREEMENT—H.R. 2603 ing to directly benefit the thousands of The yeas and nays have been ordered. airline and aircraft manufacturing The clerk will call the roll. Mr. REID. I ask unanimous consent workers who are being laid off as a re- on Monday, September 24, at 12 noon, The assistant legislative clerk called sult of the recent terrorist attacks. the roll. the Finance Committee be discharged In this speech to the nation last from further consideration of H.R. 2603 Mr. NICKLES. I announce that the night, President Bush told the Amer- Senator from Wyoming (Mr. THOMAS), and that the Senate then proceed to its ican people ‘‘justice will be done.’’ If immediate consideration under the fol- the Senator from Texas (Mr. GRAMM), Congress passes an airline relief pack- and the Senator from Colorado (Mr. lowing limitations: That no amend- age without addressing worker assist- ments or motions be in order; the de- CAMPBELL) are necessarily absent. ance, we will have done a grave injus- The PRESIDING OFFICER. Are there bate be limited to 2 hours, with 1 hour tice to thousands of American workers under the control of Senator GRAMM of any other Senators in the Chamber de- and their families who are suffering siring to vote? Texas and 1 hour under the control of from the aftermath. Senator BAUCUS or his designee; fol- The result was announced—yeas 96, In the meantime, I think that the in- nays 1, as follows: lowing the use or yielding back of the dustry needs to step up to the plate. I [Rollcall Vote No. 284 Leg.] time, the bill be read a third time and am very concerned about reports that passed, and the motion to reconsider be some airlines are considering invoking YEAS—96 laid on the table, all with no inter- the war clause to avoid contractual ob- Akaka Dodd Levin vening action or debate. Allard Domenici Lieberman ligations to their workers. That would Allen Dorgan Lincoln The PRESIDING OFFICER. Without be a tragic failure of their obligation Baucus Durbin Lott objection, it is so ordered. to the American people to act in good Bayh Edwards Lugar faith. Let’s be clear; American tax- Bennett Ensign McCain f Biden Enzi McConnell payers are shouldering the burden of AIR TRANSPORTATION SAFETY Bingaman Feingold Mikulski this relief package, and I think they Bond Feinstein Miller AND SYSTEM STABILIZATION will be angry if workers are not treated Boxer Frist Murkowski ACT—Continued Breaux Graham Murray fairly while the airlines get relief. Brownback Grassley Nelson (FL) Mr. NICKLES. We yield back the re- I have worked with several of my col- Bunning Gregg Nelson (NE) mainder of our time. leagues over the past several days to Burns Hagel Nickles Mr. REID. I yield 1 minute to the develop a reasonable package of worker Byrd Harkin Reed Cantwell Hatch Reid Senator from Washington. assistance provisions, and I believe Carnahan Helms Roberts Ms. CANTWELL. Madam President, I that we have a proposal that makes a Carper Hollings Rockefeller do appreciate the time before the vote. great deal of sense and would take at Chafee Hutchinson Santorum Cleland Hutchison Sarbanes I thank the leadership of Senator least a small step toward helping those Clinton Inhofe Schumer DASCHLE, Senator KENNEDY, Senator workers get back on their feet. That Cochran Inouye Sessions CARNAHAN, and Senator MURRAY for package would extend income supports, Collins Jeffords Shelby working on what is part of this pack- pay for the extension of healthcare Conrad Johnson Smith (NH) Corzine Kennedy Smith (OR) age that we will discuss next week and coverage and provide training assist- Craig Kerry Snowe that is worker compensation. ance to the affected workers. I am Crapo Kohl Specter Last week’s terrorist attacks mur- deeply disappointed that those provi- Daschle Kyl Stabenow Dayton Landrieu Stevens dered thousands of innocent Ameri- sions were not ultimately included in DeWine Leahy Thompson cans, and left thousands more grieving the bill, but pleased that the majority

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Thurmond Voinovich Wellstone (4) OBLIGOR.—The term ‘‘obligor’’ means a an air carrier under section 101(a)(2) may not Torricelli Warner Wyden party primarily liable for payment of the exceed the amount of losses described in sec- NAYS—1 principal of or interest on a Federal credit tion 101(a)(2) that the air carrier dem- instrument, which party may be a corpora- onstrates to the satisfaction of the Presi- Fitzgerald tion, partnership, joint venture, trust, or dent, using sworn financial statements or NOT VOTING—3 governmental entity, agency, or instrumen- other appropriate data, that the air carrier Campbell Gramm Thomas tality. incurred. The Secretary of Transportation (b) AIR TRANSPORTATION STABILIZATION and the Comptroller General of the United The bill (S. 1450) was passed, as fol- BOARD.— States may audit such statements and may lows: (1) ESTABLISHMENT.—There is established a request any information that the Secretary S. 1450 board (to be known as the ‘‘Air Transpor- and the Comptroller General deems nec- Be it enacted by the Senate and House of Rep- tation Stabilization Board’’) to review and essary to conduct such audit. resentatives of the United States of America in decide on applications for Federal credit in- (b) MAXIMUM AMOUNT OF COMPENSATION Congress assembled, struments under section 101(a)(1). PAYABLE PER AIR CARRIER.—The maximum (2) COMPOSITION.—The Board shall consist total amount of compensation payable to an SECTION 1. SHORT TITLE. of— air carrier under section 101(a)(2) may not This Act may be cited as the ‘‘Air Trans- (A) the Secretary of Transportation or the exceed the lesser of— portation Safety and System Stabilization designee of the Secretary; (1) the amount of such air carrier’s direct Act’’. (B) the Chairman of the Board of Gov- and incremental losses described in section TITLE I—AIRLINE STABILIZATION ernors of the Federal Reserve System, or the 101(a)(2); or SEC. 101. AVIATION DISASTER RELIEF. designee of the Chairman, who shall be the (2) in the case of— (a) IN GENERAL.—Notwithstanding any Chair of the Board; (A) flights involving passenger-only or other provision of law, the President shall (C) the Secretary of the Treasury or the combined passenger and cargo transpor- take the following actions to compensate air designee of the Secretary; and tation, the product of— carriers for losses incurred by the air car- (D) the Comptroller General of the United (i) $4,500,000,000; and riers as a result of the terrorist attacks on States, or the designee of the Comptroller (ii) the ratio of— the United States that occurred on Sep- General, as a nonvoting member of the (I) the available seat miles of the air car- tember 11, 2001: Board. rier for the month of August 2001 as reported (1) Subject to such terms and conditions as (c) FEDERAL CREDIT INSTRUMENTS.— to the Secretary; to the President deems necessary, issue Federal (1) IN GENERAL.—The Board may enter into (II) the total available seat miles of all credit instruments to air carriers that do agreements with 1 or more obligors to issue such air carriers for such month as reported not, in the aggregate, exceed $10,000,000,000 Federal credit instruments under section to the Secretary; and and provide the subsidy amounts necessary 101(a)(1) if the Board determines, in its dis- (B) flights involving cargo-only transpor- for such instruments in accordance with the cretion, that— tation, the product of— provisions of the Federal Credit Reform Act (A) the obligor is an air carrier for which (i) $500,000,000; and of 1990 (2 U.S.C. 661 et seq.). credit is not reasonably available at the time (ii) the ratio of— (2) Compensate air carriers in an aggregate of the transaction; (I) the revenue ton miles or other auditable amount equal to $5,000,000,000 for— (B) the intended obligation by the obligor measure of the air carrier for cargo for the (A) direct losses incurred beginning on is prudently incurred; and latest quarter for which data is available as September 11, 2001, by air carriers as a result (C) such agreement is a necessary part of reported to the Secretary; to of any Federal ground stop order issued by maintaining a safe, efficient, and viable com- (II) the total revenue ton miles or other the Secretary of Transportation or any sub- mercial aviation system in the United auditable measure of all such air carriers for sequent order which continues or renews States. cargo for such quarter as reported to the such a stoppage; and (2) TERMS AND LIMITATIONS.— Secretary. (B) the incremental losses incurred begin- (A) FORMS; TERMS AND CONDITIONS.—A Fed- (c) PAYMENTS.—The President may provide ning September 11, 2001, and ending Decem- eral credit instrument shall be issued under compensation to air carriers under section ber 31, 2001, by air carriers as a direct result section 101(a)(1) in such form and on such 101(a)(2) in 1 or more payments up to the of such attacks. terms and conditions and contain such cov- amount authorized by this title. (b) EMERGENCY DESIGNATION.—Congress enants, representatives, warranties, and re- SEC. 104. LIMITATION ON CERTAIN EMPLOYEE designates the amount of new budget author- quirements (including requirements for au- COMPENSATION. ity and outlays in all fiscal years resulting dits) as the Board determines appropriate. (a) IN GENERAL.—The President may only from this title as an emergency requirement (B) PROCEDURES.—Not later than 14 days issue a Federal credit instrument under sec- pursuant to section 252(e) of the Balanced after the date of enactment of this Act, the tion 101(a)(1) to an air carrier after the air Budget and Emergency Deficit Control Act Director of the Office of Management and carrier enters into a legally binding agree- of 1985 (2 U.S.C. 901(e)). Such amount shall be Budget shall issue regulations setting forth ment with the President that, during the 2- available only to the extent that a request, procedures for application and minimum re- year period beginning September 11, 2001, that includes designation of such amount as quirements, which may be supplemented by and ending September 11, 2003, no officer or an emergency requirement as defined in such the Board in its discretion, for the issuance employee of the air carrier whose total com- Act, is transmitted by the President to Con- of Federal credit instruments under section pensation exceeded $300,000 in calendar year gress. 101(a)(1). 2000 (other than an employee whose com- SEC. 102. AIR TRANSPORTATION STABILIZATION (d) FINANCIAL PROTECTION OF GOVERN- pensation is determined through an existing BOARD. MENT.— collective bargaining agreement entered into (a) DEFINITIONS.—In this section, the fol- (1) IN GENERAL.—To the extent feasible and prior to September 11, 2001)— lowing definitions apply: practicable, the Board shall ensure that the (1) will receive from the air carrier total (1) BOARD.—The term ‘‘Board’’ means the Government is compensated for the risk as- compensation which exceeds, during any 12 Air Transportation Stabilization Board es- sumed in making guarantees under this title. consecutive months of such 2-year period, tablished under subsection (b). (2) GOVERNMENT PARTICIPATION IN GAINS.— the total compensation received by the offi- (2) FINANCIAL OBLIGATION.—The term ‘‘fi- To the extent to which any participating cer or employee from the air carrier in cal- nancial obligation’’ means any note, bond, corporation accepts financial assistance, in endar year 2000; and debenture, or other debt obligation issued by the form of accepting the proceeds of any (2) will receive from the air carrier sever- an obligor in connection with financing loans guaranteed by the Government under ance pay or other benefits upon termination under this section and section 101(a)(1). this title, the Board is authorized to enter of employment with the air carrier which ex- (3) LENDER.—The term ‘‘lender’’ means any into contracts under which the Government, ceeds twice the maximum total compensa- non-Federal qualified institutional buyer (as contingent on the financial success of the tion received by the officer or employee from defined by section 230.144A(a) of title 17, Code participating corporation, would participate the air carrier in calendar year 2000. of Federal Regulations (or any successor reg- in the gains of the participating corporation (b) TOTAL COMPENSATION DEFINED.—In this ulation) known as Rule 144A(a) of the Securi- or its security holders through the use of section, the term ‘‘total compensation’’ in- ties and Exchange Commission and issued such instruments as warrants, stock options, cludes salary, bonuses, awards of stock, and under the Security Act of 1933, including— common or preferred stock, or other appro- other financial benefits provided by an air (A) a qualified retirement plan (as defined priate equity instruments. carrier to an officer or employee of the air in section 4974(c) of the Internal Revenue (3) DEPOSIT IN TREASURY.—All amounts col- carrier. Code of 1986 (26 U.S.C. 4974(c)) that is a quali- lected by the Secretary of the Treasury SEC. 105. CONTINUATION OF CERTAIN AIR SERV- fied institutional buyer; and under this subsection shall be deposited in ICE. (B) a governmental plan (as defined in sec- the Treasury as miscellaneous receipts. (a) ACTION OF SECRETARY.—The Secretary tion 414(d) of the Internal Revenue Code of SEC. 103. SPECIAL RULES FOR COMPENSATION. of Transportation should take appropriate 1986 (26 U.S.C. 414(d)) that is a qualified insti- (a) DOCUMENTATION.—Subject to subsection action to ensure that all communities that tutional buyer. (b), the amount of compensation payable to had scheduled air service before September

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9606 CONGRESSIONAL RECORD — SENATE September 21, 2001 11, 2001, continue to receive adequate air against loss or damage arising out of any ices and facilities that the Secretary con- transportation service and that essential air risk from the operation of an American air- siders good business practices, except for service to small communities continues craft over the insurance premium that was payments by the air carrier for the stimula- without interruption. in effect for a comparable operation during tion or solicitation of insurance business.’’. (b) ESSENTIAL AIR SERVICE.—There is au- the period beginning September 4, 2001, and (e) CONFORMING AMENDMENT.—Section thorized to be appropriated to the Secretary ending September 10, 2001, as the Secretary 44305(b) of such title is amended by striking to carry out the essential air service pro- may determine. Such reimbursement is sub- ‘‘44302(b)’’ and inserting ‘‘44302(c)’’. gram under subchapter II of chapter 417 of ject to subsections (a)(2), (c), and (d) of this SEC. 202. EXTENSION OF PROVISIONS TO VEN- title 49, United States Code, $120,000,000 for section and to section 44303. DORS, AGENTS, AND SUBCONTRAC- fiscal year 2002. ‘‘(2) PAYMENT FROM REVOLVING FUND.—A re- TORS OF AIR CARRIERS. (c) SECRETARIAL OVERSIGHT.— imbursement under this subsection shall be Notwithstanding any other provision of (1) IN GENERAL.—Notwithstanding any paid from the revolving fund established by this title, the Secretary may extend any pro- other provision of law, the Secretary is au- section 44307. vision of chapter 443 of title 49, United thorized to require an air carrier receiving ‘‘(3) FURTHER CONDITIONS.—The Secretary States Code, as amended by this title, and direct financial assistance under this Act to may impose such further conditions on in- the provisions of this title, to vendors, maintain scheduled air service to any point surance for which the increase in premium is agents, and subcontractors of air carriers. served by that carrier before September 11, subject to reimbursement under this sub- For the 180-day period beginning on the date 2001. section as the Secretary may deem appro- of enactment of this Act, the Secretary may (2) AGREEMENTS.—In applying paragraph priate in the interest of air commerce. extend or amend any such provisions so as to (1), the Secretary may require air carriers ‘‘(4) TERMINATION OF AUTHORITY.—The au- ensure that the entities referred to in the receiving direct financial assistance under thority to reimburse air carriers under this preceding sentence are not responsible in this Act to enter into agreements which will subsection shall expire 180 days after the cases of acts of terrorism for losses suffered ensure, to the maximum extent practicable, date of enactment of this paragraph.’’; by third parties that exceed the amount of that all communities that had scheduled air (4) in subsection (c) (as so redesignated)— such entities’ liability coverage, as deter- service before September 11, 2001, continue to (A) in the first sentence by inserting ‘‘, or mined by the Secretary. receive adequate air transportation service. reimburse an air carrier under subsection (b) TITLE III—TAX PROVISIONS SEC. 106. REPORTS. of this section,’’ before ‘‘only with the ap- SEC. 301. EXTENSION OF DUE DATE FOR EXCISE (a) REPORT.—Not later than February 1, proval’’; and (B) in the second sentence— TAX DEPOSITS; TREATMENT OF LOSS 2001, the President shall transmit to the COMPENSATION. Committee on Transportation and Infra- (i) by inserting ‘‘or the reimbursement’’ (a) EXTENSION OF DUE DATE FOR EXCISE structure, the Committee on Appropriations, before ‘‘only after deciding’’; and TAX DEPOSITS.— and the Committee on the Budget of the (ii) by inserting ‘‘in the interest of air commerce or national security or’’ before (1) IN GENERAL.—In the case of an eligible House of Representatives and the Committee air carrier, any airline-related deposit re- on Commerce, Science, and Transportation, ‘‘to carry out the foreign policy’’; and (5) in subsection (d) (as so redesignated) by quired under section 6302 of the Internal Rev- the Committee on Appropriations, and the enue Code of 1986 to be made after September Committee on the Budget of the Senate a re- inserting ‘‘or reimbursing an air carrier’’ be- fore ‘‘under this chapter’’. 10, 2001, and before November 15, 2001, shall port on the financial status of the air carrier be treated for purposes of such Code as time- industry and the amounts of assistance pro- (b) COVERAGE.— (1) IN GENERAL.—Section 44303 of such title ly made if such deposit is made on or before vided under this title to each air carrier. November 15, 2001. If the Secretary of the (b) UPDATE.—Not later than the last day of is amended— Treasury so prescribes, the preceding sen- the 7-month period following the date of en- (A) in the matter preceding paragraph (1) tence shall be applied by substituting for actment of this Act, the President shall up- by inserting ‘‘, or reimburse insurance costs, ‘‘November 15, 2001’’ each place it appears— date and transmit the report to the Commit- as’’ after ‘‘insurance and reinsurance’’; and (A) ‘‘January 15, 2002’’, or tees. (B) in paragraph (1) by inserting ‘‘in the in- terest of air commerce or national security (B) such earlier date after November 15, SEC. 107. DEFINITIONS. 2001, as such Secretary may prescribe. In this title, the following definitions or’’ before ‘‘to carry out the foreign policy’’. (2) ELIGIBLE AIR CARRIER.—For purposes of apply: (2) DISCRETION OF THE SECRETARY.—For acts of terrorism committed on or to an air this subsection, the term ‘‘eligible air car- (1) AIR CARRIER.—The term ‘‘air carrier’’ rier’’ means any domestic corporation en- has the meaning such term has under section carrier during the 180-day period following the date of enactment of this Act, the Sec- gaged in the trade or business of trans- 40102 of title 49, United States Code. porting (for hire) persons by air if such (2) FEDERAL CREDIT INSTRUMENT.—The term retary of Transportation may certify that the air carrier was a victim of an act of ter- transportation is available to the general ‘‘Federal credit instrument’’ means any public. guarantee or other pledge by the Board rorism and in the Secretary’s judgment, (3) AIRLINE-RELATED DEPOSIT.—For pur- issued under section 101(a)(1) to pledge the based on the Secretary’s analysis and con- clusions regarding the facts and cir- poses of this subsection, the term ‘‘airline- full faith and credit of the United States to related deposit’’ means any deposit of— pay all or part of any of the principal of and cumstances of each case, shall not be respon- sible for losses suffered by third parties (as (A) taxes imposed by subchapter C of chap- interest on a loan or other debt obligation ter 33 of such Code (relating to transpor- issued by an obligor and funded by a lender. referred to in section 205.5(b)(1) of title 14, Code of Federal Regulations) that exceed tation by air), and (3) INCREMENTAL LOSS.—The term ‘‘incre- (B) taxes imposed by chapters 21, 22, and 24 mental loss’’ does not include any loss that $100,000,000, in the aggregate, for all claims by such parties arising out of such act. If the with respect to employees engaged in a trade the President determines would have been or business referred to in paragraph (2). incurred if the terrorist attacks on the Secretary so certifies, the air carrier shall not be liable for an amount that exceeds (b) TREATMENT OF LOSS COMPENSATION.— United States that occurred on September Nothing in any provision of law shall be con- 11, 2001, had not occurred. $100,000,000, in the aggregate, for all claims by such parties arising out of such act, and strued to exclude from gross income under TITLE II—AVIATION INSURANCE the Government shall be responsible for any the Internal Revenue Code of 1986 any com- SEC. 201. DOMESTIC INSURANCE AND REIM- liability above such amount. No punitive pensation received under section 101(a)(2) of BURSEMENT OF INSURANCE COSTS. damages may be awarded against an air car- this Act. (a) IN GENERAL.—Section 44302 of title 49, rier (or the Government taking responsi- TITLE IV—VICTIM COMPENSATION United States Code, is amended— bility for an air carrier under this para- SEC. 401. SHORT TITLE. (1) in subsection (a)(1)— graph) under a cause of action arising out of (A) by striking ‘‘subsection (b)’’ and insert- This title may be cited as the ‘‘September such act. 11th Victim Compensation Fund of 2001’’. ing ‘‘subsection (c)’’; and (c) REINSURANCE.—Section 44304 of such (B) by striking ‘‘foreign-flag aircraft—’’ title is amended— SEC. 402. DEFINITIONS. and all that follows through the period at (1) by striking ‘‘(a) GENERAL AUTHORITY.— In this title, the following definitions the end of subparagraph (B) and inserting ’’; and apply: ‘‘foreign-flag aircraft.’’; (2) by striking subsection (b). (1) AIR CARRIER.—The term ‘‘air carrier’’ (2) by redesignating subsections (b), (c), (d) PREMIUMS.—Section 44306 of such title means a citizen of the United States under- and (d) as subsections (c), (d), and (e), respec- is amended— taking by any means, directly or indirectly, tively; (1) by redesignating subsections (b) and (c) to provide air transportation and includes (3) by inserting after subsection (a) the fol- as subsections (c) and (d), respectively; and employees and agents of such citizen. lowing: (2) by inserting after subsection (a) the fol- (2) AIR TRANSPORTATION.—The term ‘‘air ‘‘(b) REIMBURSEMENT OF INSURANCE COST lowing: transportation’’ means foreign air transpor- INCREASES.— ‘‘(b) ALLOWANCES IN SETTING PREMIUM tation, interstate air transportation, or the ‘‘(1) IN GENERAL.—The Secretary may reim- RATES FOR REINSURANCE.—In setting pre- transportation of mail by aircraft. burse an air carrier for the increase in the mium rates for reinsurance, the Secretary (3) CLAIMANT.—The term ‘‘claimant’’ cost of insurance, with respect to a premium may make allowances to the insurance car- means an individual filing a claim for com- for coverage ending before October 1, 2002, rier for expenses incurred in providing serv- pensation under section 405(a)(1).

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(4) COLLATERAL SOURCE.—The term ‘‘collat- (iii) information regarding collateral not be eligible to receive compensation eral source’’ means all collateral sources, in- sources of compensation the claimant has re- under this title; or cluding life insurance, pension funds, death ceived or is entitled to receive as a result of (C) in the case of a decedent who is an indi- benefit programs, and payments by Federal, such crashes. vidual described in subparagraph (A) or (B), State, or local governments related to the (3) LIMITATION.—No claim may be filed the personal representative of the decedent terrorist-related aircraft crashes of Sep- under paragraph (1) after the date that is 2 who files a claim on behalf of the decedent. tember 11, 2001. years after the date on which regulations are (3) REQUIREMENTS.— (5) ECONOMIC LOSS.—The term ‘‘economic promulgated under section 407. (A) SINGLE CLAIM.—Not more than one loss’’ means any pecuniary loss resulting (b) REVIEW AND DETERMINATION.— claim may be submitted under this title by from harm (including the loss of earnings or (1) REVIEW.—The Special Master shall re- an individual or on behalf of a deceased indi- other benefits related to employment, med- view a claim submitted under subsection (a) vidual. ical expense loss, replacement services loss, and determine— (B) LIMITATION ON CIVIL ACTION.— loss due to death, burial costs, and loss of (A) whether the claimant is an eligible in- (i) IN GENERAL.—Upon the submission of a business or employment opportunities) to dividual under subsection (c); claim under this title, the claimant waives the extent recovery for such loss is allowed (B) with respect to a claimant determined the right to file a civil action (or to be a under applicable State law. to be an eligible individual— party to an action) in any Federal or State (6) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (i) the extent of the harm to the claimant, court for damages sustained as a result of ble individual’’ means an individual deter- including any economic and noneconomic the terrorist-related aircraft crashes of Sep- mined to be eligible for compensation under losses; and tember 11, 2001. The preceding sentence does section 405(c). (ii) the amount of compensation to which not apply to a civil action to recover collat- (7) NONECONOMIC LOSSES.—The term ‘‘non- the claimant is entitled based on the harm eral source obligations. economic losses’’ means losses for physical to the claimant, the facts of the claim, and (ii) PENDING ACTIONS.—In the case of an in- and emotional pain, suffering, inconven- the individual circumstances of the claim- dividual who is a party to a civil action de- ience, physical impairment, mental anguish, ant. scribed in clause (i), such individual may not disfigurement, loss of enjoyment of life, loss (2) NEGLIGENCE.—With respect to a claim- submit a claim under this title unless such of society and companionship, loss of consor- ant, the Special Master shall not consider individual withdraws from such action by tium (other than loss of domestic service), negligence or any other theory of liability. the date that is 90 days after the date on hedonic damages, injury to reputation, and (3) DETERMINATION.—Not later than 120 which regulations are promulgated under all other nonpecuniary losses of any kind or days after that date on which a claim is filed section 407. nature. under subsection (a), the Special Master SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS. (8) SPECIAL MASTER.—The term ‘‘Special shall complete a review, make a determina- (a) IN GENERAL.—Not later than 20 days Master’’ means the Special Master appointed tion, and provide written notice to the after the date on which a determination is under section 404(a). claimant, with respect to the matters that made by the Special Master regarding the SEC. 403. PURPOSE. were the subject of the claim under review. amount of compensation due a claimant It is the purpose of this title to provide Such a determination shall be final and not under this title, the Special Master shall au- compensation to any individual (or relatives subject to judicial review. thorize payment to such claimant of the of a deceased individual) who was physically (4) RIGHTS OF CLAIMANT.—A claimant in a injured or killed as a result of the terrorist- amount determined with respect to the related aircraft crashes of September 11, review under paragraph (1) shall have— claimant. 2001. (A) the right to be represented by an attor- (b) PAYMENT AUTHORITY.—This title con- ney; stitutes budget authority in advance of ap- SEC. 404. ADMINISTRATION. (B) the right to present evidence, including propriations Acts and represents the obliga- (a) IN GENERAL.—The Attorney General, tion of the Federal Government to provide acting through a Special Master appointed the presentation of witnesses and docu- by the Attorney General, shall— ments; and for the payment of amounts for compensa- (1) administer the compensation program (C) any other due process rights deter- tion under this title. (c) ADDITIONAL FUNDING.— established under this title; mined appropriate by the Special Master. (1) IN GENERAL.—The Attorney General is (2) promulgate all procedural and sub- (5) NO PUNITIVE DAMAGES.—The Special authorized to accept such amounts as may stantive rules for the administration of this Master may not include amounts for puni- be contributed by individuals, business con- title; and tive damages in any compensation paid cerns, or other entities to carry out this (3) employ and supervise hearing officers under a claim under this title. title, under such terms and conditions as the and other administrative personnel to per- (6) COLLATERAL COMPENSATION.—The Spe- Attorney General may impose. form the duties of the Special Master under cial Master shall reduce the amount of com- (2) USE OF SEPARATE ACCOUNT.—In making this title. pensation determined under paragraph (b) AUTHORIZATION OF APPROPRIATIONS.— (1)(B)(ii) by the amount of the collateral payments under this section, amounts con- There are authorized to be appropriated such source compensation the claimant has re- tained in any account containing funds pro- sums as may be necessary to pay the admin- ceived or is entitled to receive as a result of vided under paragraph (1) shall be used prior istrative and support costs for the Special the terrorist-related aircraft crashes of Sep- to using appropriated amounts. Master in carrying out this title. tember 11, 2001. SEC. 407. REGULATIONS. SEC. 405. DETERMINATION OF ELIGIBILITY FOR (c) ELIGIBILITY.— Not later than 90 days after the date of en- COMPENSATION. (1) IN GENERAL.—A claimant shall be deter- actment of this Act, the Attorney General, (a) FILING OF CLAIM.— mined to be an eligible individual for pur- in consultation with the Special Master, (1) IN GENERAL.—A claimant may file a poses of this subsection if the Special Master shall promulgate regulations to carry out claim for compensation under this title with determines that such claimant— this title, including regulations with respect the Special Master. The claim shall be on the (A) is an individual described in paragraph to— form developed under paragraph (2) and shall (2); and (1) forms to be used in submitting claims state the factual basis for eligibility for (B) meets the requirements of paragraph under this title; compensation and the amount of compensa- (3). (2) the information to be included in such tion sought. (2) INDIVIDUALS.—A claimant is an indi- forms; (2) CLAIM FORM.— vidual described in this paragraph if the (3) procedures for hearing and the presen- (A) IN GENERAL.—The Special Master shall claimant is— tation of evidence; develop a claim form that claimants shall (A) an individual who— (4) procedures to assist an individual in fil- use when submitting claims under paragraph (i) was present at the World Trade Center, ing and pursuing claims under this title; and (1). The Special Master shall ensure that (New York, New York), the Pentagon (Ar- (5) other matters determined appropriate such form can be filed electronically, if de- lington, Virginia), or the site of the aircraft by the Attorney General. termined to be practicable. crash at Shanksville, Pennsylvania at the SEC. 408. LIMITATION ON AIR CARRIER LIABIL- (B) CONTENTS.—The form developed under time, or in the immediate aftermath, of the ITY. subparagraph (A) shall request— terrorist-related aircraft crashes of Sep- (a) IN GENERAL.—Notwithstanding any (i) information from the claimant con- tember 11, 2001; and other provision of law, liability for all cerning the physical harm that the claimant (ii) suffered physical harm or death as a re- claims, whether for compensatory or puni- suffered, or in the case of a claim filed on be- sult of such an air crash; tive damages, arising from the terrorist-re- half of a decedent information confirming (B) an individual who was a member of the lated aircraft crashes of September 11, 2001, the decedent’s death, as a result of the ter- flight crew or a passenger on American Air- against any air carrier shall not be in an rorist-related aircraft crashes of September lines flight 11 or 77 or United Airlines flight amount greater than the limits of the liabil- 11, 2001; 93 or 175, except that an individual identified ity coverage maintained by the air carrier. (ii) information from the claimant con- by the Attorney General to have been a par- (b) FEDERAL CAUSE OF ACTION.— cerning any possible economic and non- ticipant or conspirator in the terrorist-re- (1) AVAILABILITY OF ACTION.—There shall economic losses that the claimant suffered lated aircraft crashes of September 11, 2001, exist a Federal cause of action for damages as a result of such crashes; and or a representative of such individual shall arising out of the hijacking and subsequent

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9608 CONGRESSIONAL RECORD — SENATE September 21, 2001 crashes of American Airlines flights 11 and PASSAGE OF S. 1450 port security will allow us to take 77, and United Airlines flights 93 and 175, on I appreciate very much the tremen- some of the initial steps. We must re- September 11, 2001. Notwithstanding section dous cooperation of all Senators. I build confidence on the part of air trav- 40120(c) of title 49, United States Code, this know this bill was extremely difficult elers. We must ensure that airports and cause of action shall be the exclusive remedy for damages arising out of the hijacking and and very complex, very controversial airplanes can be made more secure. We subsequent crashes of such flights. in many respects. I appreciate the must work together to make that hap- (2) SUBSTANTIVE LAW.—The substantive law work on both sides of the aisle to get pen soon. We can continue to provide for decision in any such suit shall be derived us to the point we are now. these bills with billions and billions of from the law, including choice of law prin- I know there are a lot of Senators dollars, but if people are not going to ciples, of the State in which the crash oc- who would have appreciated the oppor- climb on those airplanes, if they are curred unless such law is inconsistent with tunity to offer amendments. It is not not going to feel comfortable walking or preempted by Federal law. our intent to deny Senators the right through the airports, if they don’t (3) JURISDICTION.—The United States Dis- to offer amendments. Under these cir- trict Court for the Southern District of New know whether the ramps are secure or York shall have original and exclusive juris- cumstances, I am grateful for the ac- not, those billions of dollars will not diction over all actions brought for any knowledgment that we are in a very solve the problem. claim (including any claim for loss of prop- difficult time and that cooperation, as I am equally as determined to ad- erty, personal injury, or death) resulting was demonstrated again this afternoon, dress this issue of security in the days from or relating to the terrorist-related air- is essential if we are able to respond as ahead. Senator HOLLINGS has indicated craft crashes of September 11, 2001. we now have to the crisis we are facing, he will continue to work with our col- (c) EXCLUSION.—Nothing in this section not only in the aviation industry but in leagues on both sides of the aisle. I in- shall in any way limit any liability of any the economy in a number of other ways person who is a knowing participant in any tend to work with the administration. conspiracy to hijack any aircraft or commit having to do with the tragedy. I will bring this matter up with the any terrorist act. In my view, there were two essential speaker at the next opportunity. We SEC. 409. RIGHT OF SUBROGATION. pieces of legislation missing from this will continue to find ways with which The United States shall have the right of bill. Others have already addressed it. to address security, perhaps as early as subrogation with respect to any claim paid Senators Carnahan, Murray, Cantwell, next week. by the United States under this title. and Kennedy, and others have been The bill the Commerce Committee TITLE V—AIR TRANSPORTATION SAFETY working on a proposal to deal with the has now introduced is a bill I believe SEC. 501. INCREASED AIR TRANSPORTATION disaster adjustment assistance and ex- very confidently will address many of SAFETY. tended COBRA coverage. It is essential these issues, so confidently that I have Congress affirms the President’s decision that we provide dislocated workers cosponsored it along with many other to spend $3,000,000,000 on airline safety and some income security, some training, Senators. I am hopeful that in the not- security in conjunction with this Act in access to health benefits. We did a lit- too-distant future it can be a subject order to restore public confidence in the air- tle bit of that in this bill. It was a first for debate and consideration in the line industry. step, but we really have a long way to Senate Chamber and that we can work SEC. 502. CONGRESSIONAL COMMITMENT. go if we are going to address in a com- to get a bill passed that will truly pro- Congress is committed to act expedi- prehensive and meaningful way the tre- vide the kind of infrastructure and se- tiously, in consultation with the Secretary mendous problems that families all of Transportation, to strengthen airport se- curity that will be required to raise the curity and take further measures to enhance over this country are now facing as a confidence level that is necessary. the security of air travel. result of layoffs, as a result of bank- Security, additional compensation, TITLE VI—SEPARABILITY ruptcies, as a result of the economic and a safety net for all of those work- slowdown. For all of the reasons we SEC. 601. SEPARABILITY. ers who have been left out so far are have heard, we simply cannot allow the If any provision of this Act (including any issues that I am committed to address amendment made by this Act) or the applica- circumstances to go unattended. It is and that I know the Senate is com- tion thereof to any person or circumstance is critical that we do it sooner rather mitted to address. I will continue to held invalid, the remainder of this Act (in- than later. work with my colleague Senator LOTT, cluding any amendment made by this Act) I have talked to Senators KENNEDY who is every bit as concerned about and the application thereof to other persons and CARNAHAN and others. I have many of these issues as I am. or circumstances shall not be affected there- talked with some Senators on this side We will continue to find ways to by. of the aisle, especially Senator LOTT. It work together to do what we know we Mr. NICKLES. Madam President, I is my hope and my determination to must to put this country back and to move to reconsider the vote. address this issue in the not-too-dis- recognize the needs of families, work- Mr. DASCHLE. I move to lay that tant future. We must. We simply can- ers, and businesses across the country. motion on the table. not go without the acknowledgment of f The motion to lay on the table was the seriousness of the problem as well agreed to. as a recognition that this problem MORNING BUSINESS The PRESIDING OFFICER. The ma- must be addressed. Mr. GRAHAM. Madam President, I jority leader. Secondly, I am very pleased that the ask unanimous consent that there now f Senator from South Carolina, Mr. HOL- be a period for morning business with LINGS, Senator MCCAIN, Senator ROCKE- Senators permitted to speak for up to ORDER OF BUSINESS FELLER, Senator HUTCHISON, so many 10 minutes. Mr. DASCHLE. Madam President, for others, and Senator KERRY, have The PRESIDING OFFICER. Without the interest of all Senators, I want to worked as closely together as they objection, it is so ordered. make sure people understand what the have on airport security and on air- The Senator from Florida. schedule is for Monday. plane security as well. If there is one (The remarks of Mr. GRAHAM per- We will convene at 12 noon. From 12 piece I really wish we could have ad- taining to the introduction of S. 1448 o’clock to 2 o’clock, we will take up dressed in this bill more comprehen- and S. 1449 are located in today’s the Jordan free trade agreement. That sively, it is that. RECORD under ‘‘Statements on Intro- has already been established by unani- I talked to the President about it duced Bills and Joint Resolutions.’’) mous consent. There will be a 2-hour this morning. It is his intention to ad- Mr. GRAHAM. I suggest the absence debate and, by agreement, a voice vote. dress the issue in a much more com- of a quorum. At 2 p.m., there will be a rollcall vote prehensive way as well. I have no doubt The PRESIDING OFFICER. The on the Kirk Van Tine nomination, Mr. we can work with him on security. The clerk will call the roll. Van Tine to be general counsel of the Presiding Officer very eloquently and The legislative clerk proceedd to call Department of Transportation. passionately addressed the issue of se- the roll. Following that vote, we will resume curity this morning in the caucus. Mr. REID. Madam President, I ask consideration of the Defense authoriza- I am pleased that at least the $3 bil- unanimous consent that the order for tion bill. lion that has been committed to air- the quorum call be rescinded.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9609 The PRESIDING OFFICER. Without other firefighter is laid to rest, a class- In the name of these Californians, objection, it is so ordered. room copes with the loss of a teacher, and in the name of all the other inno- f a baby is born who will never know her cent victims, it is time for the ter- father, a family accepts that a loved rorism to stop. KAZAKHSTAN one will never be found. f Ms. LANDRIEU. Madam President, We are all haunted by such stories, the events of last week by terrorists il- each one profound in its deep sadness TREASURY AND GENERAL lustrate the worst of human nature, and, considered together, staggering in GOVERNMENT APPROPRIATIONS however, the actions of people in the their scope. Mr. MCCAIN. Mr. President, I thank wake of the disaster has shown the None of us is untouched by last Tues- the managers of this bill for their hard best. day’s terror, and it is now painfully work in putting forth this legislation While the attacks were in the United clear that many residents of California which provides Federal funding for nu- States, they were directed at the entire were part of each tragic moment of merous vital programs in the Treasury civilized world. And the entire world that tragic day. Some were trapped in Department and the General Govern- has responded. Today, I would like to the World Trade Center towers. Some ment. However, once again, I find my- draw your attention to the response of were at work in the Pentagon. And the self in the unpleasant position of a key ally in Central Asia. fates of some were sealed as they speaking before my colleagues about In light of the direct threat to world boarded planes bound for San Fran- parochial projects in another appro- freedom that we faced on September 11, cisco or Los Angeles. priations bill. 2001, Kazakhstan has emerged as one of I offer today this tribute to the doz- This bill spends at a level 5.9 percent the only ‘‘silver-linings’’ in Central ens of Californians who perished on higher than the level enacted in fiscal Asia. I am very grateful for the out- that awful morning. I want to assure year 2001, which is greater than the 4 pouring of support from the President the victims’ families that their fathers percent increase in discretionary of Kazakhstan, Mr. Nursultan and mothers, sons and daughters, spending than the President wanted to Nazarbayev. Within a day of the attack aunts, uncles, brothers and sisters will adhere to. President Nazarbayev said, not be forgotten. As a nation, we hold In real dollars, this is $328 million in ‘‘Kazakhstan is ready to support meas- them close. additional spending above the amount ures undertaken by the United States Words alone cannot convey the depth requested by the President, and a $1.8 to fight against terrorism, with all the of our dismay, but the names of those billion increase in spending from last means necessary.’’ I would also ask Californians who lost their lives pro- year. So far this year, with just seven unanimous consent to submit the vide a stark and simple symbol of our appropriations bills already passed in- President’s entire statement into the anger and our pain. The list that fol- cluding this bill, spending levels have Congressional RECORD. lows may well grow. I will honor each already exceeded the President’s budg- Kazakhstan is predominantly a mus- one in every way that I can. et request by more than $7.6 billion. I lim nation about four times the size of David Angell of Pasadena; Lynn must remind my colleagues that the Texas in Central Asia. Surrounded by Angell of Pasadena; Seima Aoyama of Administration has urged us to main- Russia, China, Turkey, Iran, and Af- Los Angeles; Barbara Aresteguis of Los tain our fiscal discipline to ensure that ghanistan. Kazakhstan’s continued Angeles; Melissa Barnes of Redlands; we will continue to have adequate economic and political stability is crit- Alan Beaven of Emeryville; Berry funds to prosecute our war against ter- ical to the long-term success of the Berenson of Los Angeles; Carolyn Beug rorism, to aid those in need, and to Central Asian nations. of Los Angeles; Yeneneh Betru of Bur- cover other related costs. In the first few years after its inde- bank; Mark Bingham of San Francisco; In this bill, I have identified just over pendence from the former Soviet Union Deora Bodley of Santa Clara; Touri $200 million in earmarks, which is less in 1991, Kazakhstan successfully dis- Bolourchi of Beverly Hills; Daniel than the cost of the earmarks, totaling mantled the fourth largest nuclear ar- Brandhourst of Hollywood Hills; David $356 million, in the bill passed last senal in the world with U.S. support Brandhourst of Hollywood Hills; Thom- year. Therefore, I applaud the efforts of via the Cooperative Threat Reduction as Burnett of San Ramon; Suzanne the appropriators in keeping parochial Program, CTR. Kazakhstan continues Calley of San Martin; Jefferey Collman spending to a minimum in this bill but to set a model for the global commu- of Novato; Dorothy Dearaujo of Long more must be done. nity in its leadership on unilateral dis- Beach; Darlene Flagg of Corona; Dee While the amounts associated with armament and nonproliferation. Flagg of Corona; Wilson Flagg of Co- each individual earmark may not seem In addition, I believe our Nation rona; Lisa Frost of Rancho Santa Mar- extravagant, taken together, they rep- needs to continue to support the Gov- garita; Ronald Gamboa of Los Angeles; resent a serious diversion of taxpayers’ ernment of Kazakhstan which has Andrew Garcia of Portola Valley; Ed- hard-earned dollars at the expense of begun to transform its economy from mund Glazer of Chatsworth; Lauren numerous programs that have under- the old Soviet based communist model Grandcolas of San Rafael; Andrew gone the appropriate merit-based selec- to a market-based economy with sig- Curry Green of Los Angeles; Richard tion process. It is my view that the nificant U.S. foreign direct investment, Guadagno of Humboldt County; Stan- people who run these programs should FDI. ley Hall of Rancho Palos Verdes; Ger- be the ones who decide how best to It is for these reasons that I have co- ald Hardacre of Carlsbad; John Hofer of spend the appropriated funds. After all, sponsored S. 168 that authorizes the ex- Bellflower; Stephen Hyland of Clare- they know what their most pressing tension of nondiscriminatory treat- mont; Barbara Keating of Palm needs are. ment to the products of Kazakhstan. In Springs; Chandler Keller of El Segundo; For example, under funding for the summary, the United States must do Jude Larson of Los Angeles; Natalie Department of Treasury, some exam- its part to enhance cooperation and en- Larson of Los Angeles; Daniel John ples of earmarks include: $1,000,000 for courage prosperity and stability for the Lee of Van Nuys; Maclovio Lopez of work on joint technology projects with entire Central Asian region. Norwalk; Dora Menchaca of Santa New Mexico State University’s Phys- f Monica; Nicole Miller of San Jose; Lau- ical Sciences Laboratory; and $750,000 rie A. Neira of Los Angeles; Ruben for the Center for Agriculture Policy THE CALIFORNIANS WHO Orneda of Los Angeles; Jerrold Paskins and Trade Studies located at North Da- PERISHED ON SEPTEMBER 11, 2001 of Anaheim Hills; Thomas Pecorelli of kota State University. Mrs. BOXER. Madam President, as Los Angeles; Robert Penniger of Under funding for the General Gov- the American people struggle to come Poway; Mari-Rae Sopper of Santa Bar- ernment, some of the earmarks in- to terms with the horrific events of bara; Alicia Titus of San Francisco; clude: $2,500,000 for the Native Amer- Tuesday, September 11, we are re- Otis Tolbert of Lemoore; Pendyala ican Digital Telehealth Project and the minded again and again of the count- Vamsikrishna of Los Angeles; Timothy Upper Great Plains Native American less individual tragedies still playing Ward of San Diego; and John Wenckus Telehealth Program at the University out in every corner of our country: an- of Torrance. of North Dakota; and $5,000,000 to help

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9610 CONGRESSIONAL RECORD — SENATE September 21, 2001 purchase land and facilitate the mov- duction in flights that will begin next to have Sherry as my personal sec- ing of the Odd Fellows Hall to provide week. Hawaiian Airlines, the other retary for a few years while I practiced for construction of a new courthouse in inter-island air carrier has also dra- law in Utah. So, Sherry has been my Salt Lake City, UT. matically reduced its flight schedule. longest serving staffer, and I will miss There are more projects on the list Additional flights will likely be elimi- her greatly. that I have compiled, which will be nated with the expected continued de- It has always been a pleasure to work available on my Senate Web site. cline in leisure and business travel. with Sherry Adkins. I am so grateful to In closing, I urge my colleagues to In light of these flight restrictions, I Sherry for her efforts and the service curb our habit of directing hard-earned believe the Postal Service should de- that she has rendered to me, my office, taxpayer dollars to locality-specific velop a procedure by which mail that and to all Utahans. I feel blessed to be special interests. originates on the same island to which able to call her a friend. I want to wish f it is addressed can be kept and sorted Sherry and her husband Bruce the very on that island. I realize that this would POSTAL SERVICE SORTING best that life has to offer in the beau- be only a small step toward addressing PRACTICES IN HAWAII tiful land of Alaska. May they find the many issues resulting from my peace and happiness in their retire- Mr. DORGAN. I understand that as a State’s unique geography, but it would ment years doing the things that they result of the closure of our nation’s air- be a start. love the most. ports and the limitations placed on the Mr. DORGAN. I thank Senator INOUYE f carriage of cargo on commercial pas- for sharing with us the difficulties senger planes, postal service through- faced by your State. I agree that the ARMENIAN INDEPENDENCE DAY out our country was affected. However, Postal Service should examine the fea- Mr. JOHNSON. Madam President, I the State of Hawaii was impacted most sibility of implementing procedures severely. My colleague from Hawaii, rise today to recognize the 10th anni- that take into account Hawaii’s unique versary of Armenia’s independence. Senator INOUYE, has joined me to dis- geography. Please be assured that I cuss the situation in Hawaii. On September 21, 1991, the people of will work with the Senator to help in Armenia began their journey of free- Mr. INOUYE. I thank Senator DOR- this endeavor. GAN for the opportunity to share with dom and democracy. The road they f our colleagues the impact of the air have travelled over the past 10 years service restrictions on the delivery of RETIREMENT OF SHERRY ADKINS has been full of challenges including mail in the State of Hawaii. The recent Mr. HATCH. Madam President, I am natural disasters, conflict in Nagorno closure of our Nation’s air transpor- grateful for this opportunity to recog- Karabagh, and the struggles associated tation system brought to light a Postal nize and pay tribute to Sherry Adkins, with economic and political trans- Service practice that I believe should who has worked in my Salt Lake City formation. Any of these could have led be reevaluated. Hawaii is an island office for 25 years as a Constituent Armenians off the path of liberty. How- State that is not only geographically Services Representative. Sherry is re- ever, it is through the perseverance of isolated from the mainland United tiring after many years of hard work to Armenians, and those around the world States, but that is also geographically fulfill her dream of moving to Alaska who support them, that Armenia be- divided into seven distinct islands sep- with her husband Bruce to spend time gins this new century a strong republic arated by the Pacific Ocean. Hawaii with her grandchildren. and an example for young democracies has a population dependent on the air Sherry’s life has epitomized true pub- worldwide. transportation system for the move- lic service. She literally touched thou- The events of September 11, 2001, ment of goods and people throughout sands of Utahans’ lives by assisting me pose a new challenge to Armenians, the State. However, I believe the cur- in helping constituents with problems Americans, and those who reject ter- rent Postal Service mail sorting proce- ranging from Social Security issues to rorism and fight the war against fear. dure has the potential to exacerbate Veterans Administration benefits. Over In his September 11 letter to President the harm to my State’s economy from the years, I have received hundreds of George Bush, Armenian President Rob- the airport closures, the reduced inter- letters from constituents who have ert Kocharyan called on Armenians to island travel, and the decline in travel praised Sherry’s work and expressed confront the ‘‘evil of terrorism’’ with to and from my State. their gratitude to me for her assist- ‘‘determination and resolve.’’ At this The Postal Service in Hawaii has ance. most critical time, Americans are only one centralized sorting office. Sherry has been described as ‘‘a valu- thankful for Armenia’s support, and to- While I understand that mail service able resource,’’ ‘‘efficient,’’ ‘‘cour- gether, along with a global coalition of throughout the United States experi- teous,’’ ‘‘concerned for others’ wel- freedom-loving nations, we will find enced slow-downs and difficulties as a fare,’’ and ‘‘trustworthy.’’ Many people the strength and patience to continue result of the closure of our air trans- have been able finally to receive their our journey. portation system, mail service in Ha- Medicare benefits, resolve their tax f waii came to a virtual standstill. The problems, or find their missing Social shut down of our airports resulted in Security checks, because of her com- NATIONAL POW/MIA RECOGNITION the delivery of mail only on the island mitment and concern. DAY of Oahu, where the sorting station is Sherry’s life has been an example of Mr. LUGAR. Madam President, today located. My constituents on Maui could service. She has always championed is National POW/MIA Recognition Day. not mail letters to one another because the underdog and looked for ways to In light of the tragic events of Sep- a letter originating on Maui and ad- help others in need. She spent many tember 11, this day of remembrance dressed to another location on Maui years volunteering at the Salt Lake and recognition has new meaning. We must first be flown to Honolulu for City Odyssey House, an organization have spoken about a new kind of ‘‘war’’ sorting. This hardship was faced by all designed to help men and women over- but we are not sure what shape it will the residents of Oahu’s neighbor is- come the tragic disease of alcoholism. take. Whatever form, however, it will lands. In fact, she even directed the Odyssey likely include casualties and perhaps With the threat of war upon us and House Choir, giving members new hope prisoners, these are among the harsh the possibility of further airport clo- and experiences, as well as enter- lessons history has taught us. This day sures, I believe we must study alter- taining thousands of people through gains new meaning, too, when we con- natives to the current mail sorting sys- their music. sider the rescue workers who continue tem. The problems faced by the neigh- I have always known that I could to comb through the war zones at the bor islands as a result of the airport count on Sherry to get her job done, Pentagon and in lower Manhattan for shutdown are expected to continue as and to do it well. In fact, Sherry’s work the bodies of the fallen, the missing, in tourism to and within Hawaii declines. with me didn’t start when I was a action. Aloha Airlines, one of two island air elected to the U.S. Senate. Sherry and In time of war, an entire nation carriers, has announced a 26-percent re- I go back even further. I was privileged unites with a singularity of purpose.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9611 But, we all know how swiftly the Na- Americans died along with nine Viet- cated family members and prepared tion’s attention can wane and be dis- namese in April when their helicopter comparison DNA samples in hopes that tracted. Those of us in this body and crashed into a fog-shrouded mountain all will be returned at long last. Having across the relevant Executive agencies, about 250 miles south of Hanoi. The spent time in that part of the world, I however, cannot be distracted from one team was scouting excavations for six know what dedication to duty it takes thing; that is, a commitment to ensure MIA crash sites. to dig in that extreme weather. I un- the return of POWs and MIAs at the In Korea, where the fighting ended in derstand that weather permits them end of hostilities. The vigorous pursuit 1953, progress continues. Ten Joint Re- only about a 30-day window. of this commitment must continue covery Operations have been conducted As we know well, this is a team effort through painstaking on-site investiga- in North Korea this year, resulting in requiring the commitment and dedica- tions, diplomatic negotiations and the identification and return of three tion of the Congress, the Administra- complete examinations of records fol- Americans to their families and final tion, the Departments of Defense and resting places. Twenty-six servicemen lowing a conflict. State, the Joint Chiefs of Staff and the As we look forward with resolve, we have been identified from World War II NSA. I am hopeful that all of us, must recognize the work that the recoveries. Teams from the U.S. Army through continued humanitarian sup- many POW/MIA organizations have Central Identification Laboratory in port and dedicated diplomatic endeav- done, led by the Department of Defense Hawaii continue to implement cutting- ors will gain further information about Prisoner of War/Missing Personnel Of- edge DNA technology, and as renowned the servicemen still missing to honor fice, DPMO. The painstaking work of experts in the field, have contributed their sacrifice and provide peace and recovery operations have, in the past their know-how and direct assistance solace to their loved ones. You are not year, seen the return of 36 Americans to the operations in New York and at forgotten. from the war in Southeast Asia; how- the Pentagon. ever, 1,957 remain unaccounted for at Just last month, another team head- At this point in the record, I ask this time from SEA, 1,474 from Viet- ed off to Russia to bring home the re- unanimous consent that the names of nam alone. Last year, those numbers mains of seven Navy flyers whose Indiana’s missing and unaccounted stood at 2,005 and 1,511 respectively. World War II PV–1 Ventura bomber from the Korea and Vietnam Wars be Seven of the dedicated men engaged were lost on the Kamchatka peninsula. printed in the record. in Vietnam recovery operations gave The plane went missing from a March There being no objection, the mate- their own lives this year, even as they 25, 1944 bombing mission from Alaska rial was ordered to be printed in the searched for fallen comrades. The to the Kurile Islands. The Navy has lo- RECORD, as follows: U.S. UNACCOUNTED FOR IN SOUTHEAST ASIA—POST 1973

Military service Country of casualty Refno Name Last rank Status Date incident Home of record

USAF ...... N. Vietnam ...... 1675 Bancroft, William W. Jr ...... 02 BB 1970/11/13 Indianapolis USA ...... S. Vietnam ...... 1648 Beals, Charles Elbert ...... E4 BB 1970/07/07 French Lick USA ...... S. Vietnam ...... 0731 Beecher, Quentin Rippetoe ...... W2 XX 1967/06/11 Terre Haute USMC ...... S. Vietnam ...... 1287 Breiner, Stephen Eugene ...... E2 BB 1968/09/24 Decatur USA ...... S. Vietnam ...... 1124 Carver, Harry Franklin ...... E6 BB 1968/04/10 New Albany USMC ...... S. Vietnam ...... 0734 Chomel, Charles Dennis ...... E2 BB 1967/06/11 Columbus USAF ...... N. Vietnam ...... 0496 Clark, Lawrence ...... E5 XX 1966/10/18 Logansport USMC ...... N. Vietnam ...... 1156 Clem, Thomas Dean ...... 02 XX 1968/05/03 New Paris USMC ...... S. Vietnam ...... 1999 Crody, Kenneth Lloyd ...... E4 BB 1972/07/11 Griffith USAF ...... S. Vietnam ...... 0271 Davis, Gene Edmond ...... E5 XX 1966/03/13 Evansville USMC ...... S. Vietnam ...... 0472 Ducat, Phillip Allen ...... 03 BB 1966/09/25 Ft. Wayne USAF ...... S. Vietnam ...... 0271 Duvall, Dean Arnold ...... E3 XX 1966/03/13 Monticello USA ...... Laos ...... 1681 Green, George Curtis Jr ...... E5 BB 1970/12/04 Attica USMC ...... S. Vietnam ...... 1203 Harper, Ralph Lewis ...... E3 BB 1968/06/06 Indianapolis USA ...... S. Vietnam ...... 1085 Heitman, Steven W ...... E5 XX 1968/03/13 Indianapolis USAF ...... S. Vietnam ...... 1131 Held, John Wayne ...... 03 XX 1968/04/17 Indianapolis USMC ...... S. Vietnam ...... 0286 Hewitt, Samuel Eugene ...... E2 XX 1966/03/23 Walkerton USAF ...... Laos ...... 0252 Hills, John Russell ...... 04 BB 1966/02/14 South Bend USAF ...... S. Vietnam ...... 1837 Joskins, Donald Russell ...... E6 BB 1972/04/26 Madison USA ...... S. Vietnam ...... 1547 Howes, George Andrews ...... W3 XX 1970/01/10 Knox USAF ...... Laos ...... 1218 Johns, Paul F ...... 04 XX 1968/06/28 Laconia USA ...... S. Vietnam ...... 0436 Johnson, James Reed ...... E3 BB 1966/08/21 Indianapolis USA ...... S. Vietnam ...... 1528 Jones, Grayland ...... E3 BB 1969/11/23 Indianapolis USAF ...... S. Vietnam ...... 0273 Klute, Karl Edwin ...... 03 BB 1966/03/14 Richmond USN ...... N. Vietnam ...... 0467 Knochel, Charles Allen ...... 03 BB 1966/09/22 Lafayette USMC ...... S. Vietnam ...... 1362 Kuhlman, Robert J Jr ...... 02 XX 1969/01/17 Richmond USN ...... N. Vietnam ...... 0361 Lambton, Bennie Richard ...... E7 BB 1966/06/13 Indianapolis USA ...... S. Vietnam ...... 1775 Lautzenheiser, Michael (NMI) ...... E5 BB 1971/10/26 Muncie USA ...... S. Vietnam ...... 1123 Lawson, Karl Wade ...... E4 BB 1968/04/09 Terre Haute USA ...... S. Vietnam ...... 1040 Lindewald, Charels W...... E7 XX 1968/02/007 La Porte USA ...... S. Vietnam ...... 1556 Lyon, James Michael ...... 03 KK 1970/02/05 Indianapolis USAF ...... S. Vietnam ...... 0177 Mann, Robert Lee ...... 03 BB 1965/10/22 Lafayette USA ...... S. Vietnam ...... 1672 Martin, Jerry Dean ...... E5 BB 1970/11/03 Bedford USMC ...... N. Vietnam ...... 0643 McGarvey, James Maurice ...... 04 XX 1967/04/17 Valparaiso USAF ...... N. Vietnam ...... 0806 Midnight, Francis B ...... 02 XX 1967/08/23 Gary Civilian ...... S. Vietnam ...... 1997 Miller, George C ...... BB 1975/03/12 USN ...... S. Vietnam ...... 2053 Mitchell, Harry E ...... E8 XX 1968/05/05 Marion USN ...... N. Vietnam ...... 2004 Montgomery, Ronald Wayne ...... E5 BB 1969/10/02 Moores Hill USA ...... S. Vietnam ...... 0666 Moore, Ralph Edward ...... E3 BB 1967/05/03 Indianapolis USA ...... Laos ...... 0276 Nash, John Michael ...... 03 BB 1966/03/15 Tipton USAF ...... N. Vietnam ...... 0838 Nellans, William L ...... 03 XX 1967/09/17 Warsaw USA ...... S. Vietnam ...... 0818 Newburn, Larry Stephen ...... E3 BB 1967/08/29 Kokomo USA ...... S. Vietnam ...... 1372 Padgett, David E ...... 02 XX 1969/02/06 Washington USN ...... S. Vietnam ...... 2021 Parker, Thomas Aquinas ...... E6 BB 1967/04/05 Oxford USAF ...... N. Vietnam ...... 0589 Poor, Russell Arden ...... 03 XX 1967/02/04 Warsaw USN ...... S. Vietnam ...... 1271 Posey, George Ray ...... E3 BB 1968/09/05 Anderson USN ...... N. Vietnam ...... 1532 Rogers, Billy Lee ...... E3 BB 1969/12/01 Gary USAF ...... Laos ...... 0668 Rogers, Charles Edward ...... 04 BB 1967/05/04 Gary USN ...... S. Vietnam ...... 0232 Schoonover, Charles David ...... 04 BB 1966/01/16 Indianapolis USA ...... Laos ...... 1679 Smith, Ronald Eugene ...... E7 BB 1970/11/28 Covington USN ...... N. Vietnam ...... 0708 Soucy, Ronald Philip Sr ...... E5 BB 1967/05/23 Whiting Lake USMC ...... S. Vietnam ...... 1152 Staehli, Bruce Wayne ...... E3 XX 1968/04/30 Crow Point Lake USAF ...... N. Vietnam ...... 1312 Stonebraker, Kenneth Arnol ...... 03 XX 1968/10/28 Hobart USAF ...... N. Vietnam ...... 1955 Stuart, John F...... 04 XX 1972/12/20 Indianapolis USA ...... S. Vietnam ...... 0905 Stuckey, John Steiner Jr ...... E2 BB 1967/11/11 Cloverdale USA ...... S. Vietnam ...... 1489 Trampski, Donald Joseph ...... E2 XX 1969/09/16 Chesterton USAF ...... Cambodia ...... 1805 Wagner, Raymond Anthony ...... E3 BB 1972/03/27 Evansville USA ...... S. Vietnam ...... 0469 Whittle, Junior Lee ...... E4 BB 1966/09/24 Indianapolis USAF ...... N. Vietnam ...... 1063 Wright, Thomas T ...... 03 XX 1968/02/27 Gary USA ...... S. Vietnam ...... 1874 Yeakley, Robin Ray ...... E4 BB 1972/06/11 South Bend USA ...... S. Vietnam ...... 1582 Young, Jeffrey Jerome ...... E3 BB 1970/04/04 Indianapolis Number of records: 61.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9612 CONGRESSIONAL RECORD — SENATE September 21, 2001 PERSONNEL MISSING KOREA—[PMKOR] FOR INDIANA

Name Svc Service No. Grade Rank Status Unit IDATE Veh type City/county State DOD

Acton, Floyd Neal ...... USA ...... RA23047724 ...... E4 ...... CPL ...... MIA ...... G CO 38TH INF ...... 1951/05/17 None ...... Jackson ...... IN ...... 1953/12/31 Adams, James Dwight ...... USA ...... RA16312228 ...... E4 ...... CPL ...... KIA ...... MED CO 38TH INF ...... 1950/11/29 None ...... Tippecanoe ...... IN ...... 1950/11/29 Akers, Herbert D ...... USA ...... RA16314622 ...... E4 ...... CPL ...... POW ...... A BTRY 82ND AAAW ...... 1950/12/01 None ...... Vigo ...... IN ...... 1951/03/05 Anspaugh, George ...... USA ...... ER35908869 ...... E7 ...... SFC ...... MIA ...... G CO 38TH INF ...... 1951/05/17 None ...... DeKalb ...... IN ...... 1953/12/31 Archer, Robert Gene ...... USA ...... RA15420142 ...... E4 ...... CPL ...... POW ...... HQ CO 1/32ND INF ...... 1950/12/02 None ...... Clay ...... IN ...... 1951/02/28 Baker, David ...... USA ...... RA16324110 ...... E3 ...... PFC ...... MIA ...... I CO 24TH INF ...... 1950/11/28 None ...... Lake ...... IN ...... 1953/12/31 Baker, Donald Lewis ...... USA ...... RA16277531 ...... E5 ...... SGT ...... POW ...... H CO 24TH INF ...... 1950/09/06 None ...... Howard ...... IN ...... 1951/03/31 Barker, Donald Lee ...... USA ...... RA35971592 ...... E4 ...... CPL ...... KIA ...... HQ CO 2/9TH INF ...... 1950/11/26 None ...... Cass ...... IN ...... 1950/11/26 Bauer, Lester William ...... USA ...... RA15277574 ...... E3 ...... PFC ...... MIA ...... I CO 29TH INF ...... 1950/07/27 None ...... Clinton ...... IN ...... 1953/12/31 Beard, Robert Allen ...... USA ...... O–02212047 ...... O2 ...... 1LT ...... MIA ...... H CO 9TH INF ...... 1950/11/26 None ...... Vermillion ...... IN ...... 1953/12/31 Beed, Milton Marion ...... USA ...... RA17038006 ...... E7 ...... SFC ...... POW ...... A CO 38TH INF ...... 1951/02/12 None ...... Marion ...... IN ...... 1951/10/31 Bellar, Lowell W ...... USA ...... RA15198647 ...... E3 ...... PFC ...... KIA ...... M CO 31ST INF ...... 1950/12/01 None ...... Lake ...... IN ...... 1950/12/01 Berry, A D ...... USA ...... RA35721765 ...... E8 ...... MSG ...... POW ...... HM CO 32ND INF ...... 1950/12/02 None ...... Vandervurgh ...... IN ...... 1950/12/20 Binge, Charles F ...... USA ...... US55329092 ...... E4 ...... CPL ...... MIA ...... K CO 180TH INF ...... 1953/07/15 None ...... Newton ...... IN ...... 1954/06/17 Blasdel, William Stanley ...... USMC .... 0561269 ...... E3 ...... CPL ...... MIA ...... H BRTY 3/11 ...... 1950/11/28 None ...... New Albany...... IN ...... 1953/11/28 Bowerman, William J ...... USA ...... RA16268609 ...... E4 ...... CPL ...... MIA ...... B CO 32ND INF ...... 1950/12/02 None ...... DeKalb ...... IN ...... 1953/12/31 Bowman, Allen Milford ...... USMC .... 1082663 ...... E3 ...... CPL ...... KIA ...... B CO 1/5 ...... 1950/11/28 None ...... Covington ...... IN ...... 1950/11/28 Bradley, Eldon R ...... USA ...... RA16314247 ...... E4 ...... CPL ...... POW ...... E CO 8TH CAV ...... 1950/11/02 None ...... St Joseph...... IN ...... 1951/04/17 Brock, Kenneth Wilber ...... USMC .... 1064429 ...... E2 ...... PFC ...... KIA ...... G CO 3/5 ...... 1950/12/01 None ...... Indianapolis ...... IN ...... 1950/12/01 Brown, Kenneth ...... USA ...... US55200622 ...... E3 ...... PFC ...... KIA ...... K CO 15TH INF ...... 1952/08/14 None ...... Marion ...... IN ...... 1952/08/14 Brown, Thomas James ...... USA ...... RA15420057 ...... E4 ...... CPL ...... MIA ...... B CO 38TH INF ...... 1951/05/18 None ...... Elkhart ...... IN ...... 1953/12/31 Burch, Hugh Maynard ...... USAF ..... AF15277194 ...... E5 ...... SSG ...... MIA ...... 93RD BOMB SQ ...... 1951/04/12 B–29 ...... New Carlisle...... IN ...... 1954/01/31 Burns, Forrest S ...... USA ...... O–00974111 ...... O2 ...... 1LT ...... KIA ...... 7 CO 38TH INF ...... 1952/08/30 None ...... Bartholomew ...... IN ...... 1952/08/30 Caddell, Donald ...... USA ...... RA16324148 ...... E2 ...... PVT ...... KIA ...... L CO 38TH INF ...... 1952/01/12 None ...... Greene ...... IN ...... 1952/01/12 Calhoun, Stanley Louis Jr ...... USN ...... 2767382 ...... E3 ...... EMFN .... MIA ...... USS MAGPIE ...... 1950/10/01 Ship ...... Dunkirk ...... IN ...... 1951/10/02 Chadwell, George R ...... USA ...... RA16313989 ...... E3 ...... PFC ...... MIA ...... M CO 31ST INF ...... 1950/12/12 None ...... Tippecanoe ...... IN ...... 1953/12/31 Chappel, Richard A ...... USA ...... RA23020626 ...... E4 ...... CPL ...... MIA ...... B CO 8TH CAV RGT ...... 1950/11/02 None ...... Allen ...... IN ...... 1953/12/31 Clark, Gene Franklin ...... USA ...... RA15275841 ...... E5 ...... SGT ...... MIA ...... HQ 8TH CAV ...... 1950/11/02 None ...... Delaware ...... IN ...... 1953/12/31 Clark, Harold Robert ...... USA ...... ER35368243 ...... E3 ...... PFC ...... POW ...... L CO 38TH INF ...... 1951/02/13 None ...... Marion ...... IN ...... 1951/05/31 Clifford, Clyde R ...... USA ...... RA16314210 ...... E4 ...... CPL ...... MIA ...... D CO 27TH INF ...... 1950/07/26 None ...... Elkhart ...... IN ...... 1953/12/31 Conrad, Jack Dwayne ...... USA ...... RA16313046 ...... E2 ...... PV2 ...... KIA ...... HQ CO 1/29TH INF ...... 1950/07/31 None ...... Delaware ...... IN ...... 1950/07/31 Conrad, Richard Leon ...... USA ...... RA16313050 ...... E3 ...... PFC ...... KIA ...... HQ CO 1/29TH INF ...... 1950/07/31 None ...... Delaware ...... IN ...... 1950/07/31 Cosby, Folton ...... USA ...... RA35686359 ...... E7 ...... SFC ...... NBD ...... H CO 35TH INF ...... 1950/08/15 None ...... Edinburg ...... IN ...... 1950/08/15 Cowger, John Harold ...... USMC .... 0619868 ...... E3 ...... CPL ...... KIA ...... C CO 1/5 ...... 1950/11/28 None ...... Terra Haute...... IN ...... 1950/11/28 Cox, Clarence Vernon Jr ...... USA ...... RA15419041 ...... E7 ...... SFC ...... MIA ...... G CO 8TH CAV ...... 1950/11/01 None ...... Madison ...... IN ...... 1953/12/31 Cozad, Kenneth Lee ...... USA ...... RA15275155 ...... E5 ...... SGT ...... MIA ...... G CO 19TH INF ...... 1950/07/30 None ...... Jennings ...... IN ...... 1954/03/01 Cranor, George Eldon ...... USA ...... RA16311698 ...... E3 ...... PFC ...... MIA ...... AMB CO 7/7TH INF ...... 1950/11/28 None ...... Lake ...... IN ...... 1954/03/18 Cunningham, William R ...... USA ...... RA15276473 ...... E4 ...... CPL ...... MIA ...... B CO 32ND INF ...... 1950/12/02 None ...... Vigo ...... IN ...... 1953/12/31 Dally, Kenneth Horton ...... USA ...... RA35327139 ...... E8 ...... MSG ...... POW ...... A CO 2ND ENGR BN ...... 1950/12/01 None ...... Steuben ...... IN ...... 1951/01/15 Davis, Ezekiel Alfonso ...... USA ...... RA16333109 ...... E2 ...... PVT ...... MIA ...... D CO 9TH INF ...... 1951/02/11 None ...... Grant ...... IN ...... 1954/02/17 Davis, Jack A ...... USA ...... ER15246484 ...... E3 ...... PFC ...... MIA ...... K CO 9TH INF ...... 1951/02/12 None ...... St Joseph...... IN ...... 1953/12/31 Debaun, George Jr ...... USMC .... 0550786 ...... E3 ...... CPL ...... MIA ...... G CO 3/1 ...... 1953/07/25 None ...... Shelbyville ...... IN ...... 1954/07/26 Decker, Hobart ...... USA ...... RA35098620 ...... E3 ...... PFC ...... NBD ...... D CO 31ST INF ...... 1950/12/20 None ...... IN ...... 1950/12/20 Decker, Raymond Alfred ...... USAF ..... AO–2000360 ...... O2 ...... 1LT ...... MIA ...... 729TH BOMB SQ(L) ...... 1951/07/19 B–26 ...... Hobart ...... IN ...... 1953/12/31 Delong, Clayton C ...... USA ...... RA16311080 ...... E4 ...... CPL ...... MIA ...... K CO 31ST INF ...... 1950/12/12 None ...... Allen ...... IN ...... 1953/12/31 Dennis, Gene Alton ...... USAF ..... 20163A ...... O2 ...... 1LT ...... MIA ...... 428TH FTR BMB SQ ...... 1952/09/28 F–84E ...... Marion ...... IN ...... 1953/12/31 Dewitt, Stanley L ...... USA ...... RA16312243 ...... E5 ...... SGT ...... MIA ...... 57TH FA BN ...... 1950/12/06 None ...... Cass ...... IN ...... 1953/12/31 Dick, William L Jr ...... USA ...... RA16314645 ...... E3 ...... PFC ...... MIA ...... E CO 5TH CAV ...... 1950/08/15 None ...... Jennings ...... IN ...... 1954/02/19 Dinerboiler, Milton J ...... USA ...... RA15277160 ...... E3 ...... PFC ...... POW ...... HV MTR CO 32ND I ...... 1950/12/02 None ...... Elkhart ...... IN ...... 1951/04/30 Doody, James Thomas ...... USA ...... RA15243815 ...... E4 ...... CPL ...... KIA ...... F CO 23RD INF ...... 1952/07/17 None ...... Marion ...... IN ...... 1952/07/17 Dunn, James R ...... USA ...... RA35725173 ...... E7 ...... SFC ...... MIA ...... HQ CO 3/8TH CAV ...... 1950/11/02 None ...... Knox ...... IN ...... 1953/12/31 Durakovich, Joseph ...... USA ...... ER35143986 ...... E8 ...... MSG ...... MIA ...... G CO 5TH CAV ...... 1950/11/28 None ...... Lake ...... IN ...... 1953/12/31 Eads, Donald Wayne ...... USMC .... 1277798 ...... E2 ...... PFC ...... MIA ...... C CO 1/5 ...... 1953/03/26 None ...... Bloomington ...... IN ...... 1954/03/26 Eaton, John Omer ...... USA ...... RA16313235 ...... E4 ...... CPL ...... POW ...... A CO 34TH INF RGT ...... 1950/07/20 None ...... Crawford ...... IN ...... 1951/05/08 Eggers, Herbert P ...... USA ...... RA16320452 ...... E3 ...... PFC ...... MIA ...... MED CO 19TH INF ...... 1950/07/16 None ...... Marion ...... IN ...... 1953/12/31 Emrick, Howard W ...... USA ...... RA23008101 ...... E3 ...... PFC ...... MIA ...... L CO 34TH INF ...... 1950/07/20 None ...... Allen ...... IN ...... 1953/12/31 Enright, William Chester ...... USMC .... 0894035 ...... E4 ...... SGT ...... KIA ...... I CO 3/7 ...... 1950/12/02 None ...... Hammond ...... IN ...... 1950/12/02 Estes, Robert Vernon ...... USA ...... RA16312230 ...... E4 ...... CPL ...... POW ...... HQ CO 1BN 9TH INF ...... 1950/11/30 None ...... White ...... IN ...... 1951/01/02 Faith, Don Carlos Jr ...... USA ...... O–046673 ...... O5 ...... LTC ...... KIA ...... HQ CO 1/32ND INF ...... 1950/12/02 None ...... Daviess ...... IN ...... 1950/12/02 Finch, Robert Clarence ...... USAF ..... AO–2078198 ...... O2 ...... 1LT ...... MIA ...... 728TH BOMB SQ(L) ...... 1951/09/07 B–26 ...... Lafayette ...... IN ...... 1953/12/31 Fluhr, Peter Paul Jr ...... USA ...... RA 15380970 ...... E4 ...... CPL ...... MIA ...... F CO 8TH CAV ...... 1950/09/03 None ...... Scott ...... IN ...... 1953/12/31 Frakes, Edward Leo ...... USMC .... P–051084 ...... O2 ...... 1STLT .... MIA ...... VMF 311 MAG 33 ...... 1951/10/03 F–9F ...... Branchville ...... IN ...... 1953/12/16 Frankart, Ned Charles ...... USAF ..... AO–839010 ...... O2 ...... 1LT ...... KIA ...... 39TH FTR INT SQ ...... 1951/11/03 F–51D ...... Fort Wayne...... IN ...... 1953/12/31 Frans, Jack Marvin ...... USA ...... ER 16313202 ...... E4 ...... CPL ...... MIA ...... A CO 38TH INF ...... 1951/02/12 None ...... Daviess ...... IN ...... 1954/01/18 Frantz, George Arthur ...... USA ...... RA 16311766 ...... E3 ...... PFC ...... POW ...... L CO 21ST INF ...... 1950/07/11 None ...... Marion ...... IN ...... 1950/12/03 Garrigus, Charles ...... USA ...... RA35968746 ...... E5 ...... SGT ...... KIA ...... HQ CO 1/32ND INF ...... 1950/12/01 None ...... Gibson ...... IN ...... 1950/12/01 Gibson, Clifton E ...... USA ...... US55248898 ...... E3 ...... PFC ...... MIA ...... F CO 31ST INF ...... 1952/10/15 None ...... St Joseph...... IN ...... 1953/12/31 Gibson, Willard M ...... USA ...... RA16314737 ...... E5 ...... SGT ...... MIA ...... E CO 9TH INF ...... 1950/12/01 None ...... Sullivan ...... IN ...... 1951/06/21 Goe, Clyde ...... USA ...... RA06662785 ...... E8 ...... MSG ...... MIA ...... I CO 38TH INF ...... 1950/11/30 None ...... Brown ...... IN ...... 1953/12/31 Goodall, Robert ...... USA ...... RA16332019 ...... E3 ...... PFC ...... POW ...... K CO 9TH INF ...... 1951/02/12 None ...... Delaware ...... IN ...... 1951/03/31 Greene, Joseph P ...... USA ...... ER35720706 ...... E3 ...... PFC ...... KIA ...... RECON CO 2ND INF ...... 1951/02/14 None ...... Vanderburgh ...... IN ...... 1951/02/14 Griffith, Jack Walter ...... USN ...... 0–283413 ...... O3 ...... LT ...... MIA ...... CARRIER AIR GP 2 ...... 1952/07/04 F–9F2 ...... Evansville ...... IN ...... 1954/05/25 Gude, Edward Allen ...... USA ...... RA16310231 ...... E4 ...... CPL ...... MIA ...... M CO 23RD INF ...... 1950/11/19 None ...... Perry ...... IN ...... 1953/12/31 Guynn, John Edwin ...... USA ...... RA35902554 ...... E4 ...... CPL ...... POW ...... HM CO 19TH INF ...... 1950/11/04 None ...... Huntington ...... IN ...... 1951/03/02 Hamm, Donald Lane ...... USA ...... RA15244528 ...... E5 ...... SGT ...... MIA ...... HH CO 2/5TH CAV ...... 1950/11/28 None ...... Daviess ...... IN ...... 1953/12/31 Hammon, Keith Edward ...... USAF ..... AF15230651 ...... E6 ...... TSG ...... MIA ...... 307TH BOMB GP ...... 1953/11/08 B/29 ...... Rockville ...... IN ...... 1953/11/09 Harmon, Gilbert Larry ...... USMC .... 1123570 ...... E2 ...... PFC ...... MIA ...... I CO 3/5 ...... 1953/07/26 None ...... Terre Haute...... IN ...... 1954/07/26 Harris, Elmer Jr ...... USA ...... RA15416300 ...... E4 ...... CPL ...... MIA ...... C CO 2ND ENGR BN ...... 1950/11/28 None ...... Monroe ...... IN ...... 1953/12/31 Harris, Max Eugene ...... USA ...... RA15256584 ...... E7 ...... SFC ...... POW ...... L CO 31ST INF ...... 1950/12/12 None ...... White ...... IN ...... 1951/09/30 Harrison, Bannie Jr ...... USA ...... RA15278030 ...... E4 ...... CPL ...... POW ...... M CO 9TH INF ...... 1950/12/01 None ...... Allen ...... IN ...... 1951/01/07 Hatch, Gene N ...... USA ...... RA15278016 ...... E5 ...... SGT ...... POW ...... MED CO 9TH INF ...... 1950/12/01 None ...... Allen ...... IN ...... 1951/03/31 Hay, Kenneth Verne ...... USA ...... RA15243924 ...... E4 ...... CPL ...... POW ...... I CO 5TH CAV RGT ...... 1951/03/19 None ...... Wayne ...... IN ...... 1951/09/30 Henkenius, Leo Joseph ...... USMC .... 1063789 ...... E2 ...... PFC ...... MIA ...... E CO 2/7 ...... 1950/11/28 None ...... Fort Wayne...... IN ...... 1953/10/23 Hill, James Fella ...... USA ...... O–38835 ...... O5 ...... LTC ...... POW ...... HH CO 9TH INF ...... 1950/12/01 None ...... Spencer ...... IN ...... 1950/12/15 Hinds, Robert Lee ...... USMC .... 1048219 ...... E2 ...... PFC ...... KIA ...... D CO 2/5 ...... 1950/12/07 None ...... Indianapolis ...... IN ...... 1950/12/07 Holle, Joseph Francis ...... USA ...... US55327978 ...... E4 ...... CPL ...... MIA ...... E CO 17TH INF ...... 1953/07/08 None ...... Marion ...... IN ...... 1954/07/09 Holman, Charles ...... USN ...... O–486204 ...... O2 ...... LTJG ...... KIA ...... USS PRINCETON ...... 1952/08/01 AD–4 ...... Indianapolis ...... IN ...... 1952/08/01 Hooper, Floyd E ...... USA ...... ER52007636 ...... E4 ...... CPL ...... POW ...... I CO 19TH INF ...... 1951/02/04 None ...... Madison ...... IN ...... 1951/06/30 Hubartt, Ralph Ernest Jr ...... USA ...... RA16311033 ...... E4 ...... CPL ...... MIA ...... H CO 38TH INF ...... 1950/11/27 None ...... Huntington ...... IN ...... 1953/12/31 Hukill, Paul F ...... USA ...... RA16311584 ...... E3 ...... PFC ...... POW ...... A BTRY 38TH FA ...... 1950/11/30 None ...... Lake ...... IN ...... 1951/01/12 Jaynes, Edward R ...... USA ...... RA15416806 ...... E3 ...... PFC ...... MIA ...... C CO 13TH ENGR B ...... 1950/12/01 None ...... Gibson ...... IN ...... 1953/12/31 Jester, William F ...... USA ...... O–00057490 ...... O2 ...... 1LT ...... POW ...... HQ 3/21ST INF RGT ...... 1950/07/12 None ...... Marion ...... IN ...... 1951/05/31 Jester, William R ...... USA ...... RA15276540 ...... E4 ...... CPL ...... POW ...... L CO 21ST INF ...... 1950/07/11 None ...... Switzerland ...... IN ...... 1951/06/16 Jinks, Leonard W E ...... USA ...... RA15057580 ...... E4 ...... CPL ...... MIA ...... C CO 19TH INF ...... 1950/07/16 None ...... Ripley ...... IN ...... 1954/02/18 Johnson, William H ...... USA ...... RA15275557 ...... E3 ...... PFC ...... MIA ...... F CO 7TH INF ...... 1950/12/03 None ...... Clark ...... IN ...... 1953/12/31 Killar, Paul Martin ...... USA ...... US55324677 ...... E3 ...... PFC ...... MIA ...... A CO 13TH ENG ...... 1953/07/09 None ...... Lake ...... IN ...... 1954/07/10 Lander, Lawrence E ...... USA ...... RA15208600 ...... E6 ...... SGT ...... POW ...... HQ CO 3/9TH INF RGT ...... 1950/12/01 None ...... Vanderburgh ...... IN ...... 1951/02/28 Langwell, Robert Warren ...... USN ...... O–534047 ...... O1 ...... ENS ...... MIA ...... USS MAGPIE ...... 1950/10/01 SHIP ...... Indianapolis ...... IN ...... 1951/10/02 Leffler, Everett W ...... USA ...... RA16310242 ...... E4 ...... CPL ...... MIA ...... C BTRY 38TH FA ...... 1950/11/30 None ...... Knox ...... IN ...... 1953/12/31 Liddle, Harry H Jr ...... USA ...... US55200056 ...... E3 ...... PFC ...... KIA ...... F CO 179TH INF ...... 1952/06/11 None ...... Dearborn ...... IN ...... 1952/06/11 Loveless, Larry ...... USA ...... RA16311922 ...... E3 ...... PFC ...... KIA ...... C CO 9TH INF ...... 1950/08/11 None ...... Harrison ...... IN ...... 1950/08/11 Magnus, Donald F ...... USA ...... RA15255097 ...... E4 ...... CPL ...... POW ...... HQ CO 3/21ST INF ...... 1950/07/12 None ...... Vanderburgh ...... IN ...... 1951/01/04 Manion, Everett D ...... USA ...... RA15418921 ...... E4 ...... CPL ...... MIA ...... F CO 35TH INF ...... 1950/07/22 None ...... Montgomery ...... IN ...... 1953/12/31 Marlatt, Donald Lee ...... USA ...... RA17314684 ...... E4 ...... CPL ...... MIA ...... B CO 2ND ENGR BN ...... 1950/11/28 None ...... Jasper ...... IN ...... 1953/12/31 Martin, Herbert O ...... USA ...... RA15244895 ...... E3 ...... PFC ...... KIA ...... F CO 21ST INF ...... 1950/09/05 None ...... Giibson ...... IN ...... 1950/09/05 Mastabayvo, Steve A ...... USA ...... US55219335 ...... E3 ...... PFC ...... MIA ...... C CO 9TH INF ...... 1952/08/14 None ...... Lake ...... IN ...... 1953/12/31 McClain, Earl E ...... USA ...... RA15417938 ...... E5 ...... SGT ...... MIA ...... HVY MORT 21 INF ...... 1950/09/04 None ...... Marion ...... IN ...... 1953/12/31 McDoniel, Raymond John ...... USA ...... O–1321324 ...... O3 ...... CPT ...... POW ...... D CO 9TH INF ...... 1950/11/28 None ...... Monroe ...... IN ...... 1950/11/28 McFarren, Edward Q ...... USA ...... ER52008423 ...... E3 ...... PFC ...... MIA ...... E CO 5TH CAV ...... 1950/11/28 None ...... Kosciusko ...... IN ...... 1953/12/31 McIntyre, James T ...... USA ...... RA16313204 ...... E4 ...... CPL ...... POW ...... K CO 21ST INF ...... 1950/07/11 None ...... Floyd ...... IN ...... 1950/12/28 McNally, Joseph Lawrence ...... USA ...... RA35893731 ...... E8 ...... ,SG ...... MIA ...... A CO 8TH CAV RGT ...... 1950/11/02 None ...... Hancock ...... IN ...... 1953/12/31 Metzcar, R Maurice ...... USA ...... O–1059560 ...... O3 ...... CPT ...... POW ...... HQ CO 555 FA BN ...... 1951/04/25 None ...... Delaware ...... IN ...... 1951/09/28

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9613 PERSONNEL MISSING KOREA—[PMKOR] FOR INDIANA—Continued

Name Svc Service No. Grade Rank Status Unit IDATE Veh type City/county State DOD

Michaels, Melvin J ...... USA ...... RA16335916 ...... E3 ...... PFC ...... KIA ...... L CO 35TH INF ...... 1951/09/07 None ...... Porter ...... IN ...... 1951/09/07 Middleton, Harry Richard ...... USAF ..... 16941A ...... O3 ...... CPT ...... KIA ...... 12TH FTR BMBR SQ ...... 1951/04/30 F–51D ...... Nappanee ...... IN ...... 1952/04/24 Minniear, Robert G ...... USA ...... RA16313155 ...... E4 ...... CPL ...... POW ...... C BTRY 37TH FA ...... 1950/11/30 None ...... Tippecanoe ...... IN ...... 1951/03/13 Mishler, James E ...... USA ...... RA15276384 ...... E3 ...... PFC ...... POW ...... SV BTRY 38 FA BN ...... 1950/11/30 None ...... Clay ...... IN ...... 1951/03/04 Mitchell, Donald K ...... USA ...... RA15417787 ...... E4 ...... CPL ...... KIA ...... G CO 23RD INF ...... 1950/11/30 None ...... Lake ...... IN ...... 1951/11/30 Moore, John D Jr ...... USA ...... RA35892154 ...... E5 ...... SGT ...... POW ...... G CO 24TH INF ...... 1950/11/27 None ...... Lake ...... IN ...... 1951/05/31 Morris, Clarence Taylor ...... USMC .... 1243690 ...... E2 ...... PRC ...... MIA ...... E CO 2/1 ...... 1951/02/12 None ...... Gary ...... IN ...... 1951/06/28 Morris, David Wesley ...... USA ...... ER35145756 ...... E4 ...... CPL ...... POW ...... D CO 38TH INF ...... 1951/02/12 None ...... Madison ...... IN ...... 1951/06/17 Morris, Russell F ...... USA ...... ER35169826 ...... E5 ...... SGT ...... MIA ...... HQ CO 3 38TH INF ...... 1951/02/13 None ...... Delaware ...... IN ...... 1954/03/05 Mullett, Richard Everett ...... USMC .... 0550847 ...... E7 ...... MSGT .... MIA ...... VMF 513 MAG 12 ...... 1952/06/15 F–73N ...... Butler ...... IN ...... 1953/12/17 Myers, Donald William ...... USMC .... 0655408 ...... E2 ...... PFC ...... MIA ...... C CO 1/7 ...... 1950/12/02 None ...... Ft. Wayne...... IN ...... 1953/12/04 Neiswinger, Thomas W ...... USA ...... RA15420168 ...... E4 ...... CPL ...... MIA ...... F CO 38TH INF ...... 1950/09/06 None ...... Clay ...... IN ...... 1953/12/31 Nicholson, Richard L ...... USA ...... RA15276162 ...... E4 ...... CPL ...... MIA ...... E CO 7TH CAV ...... 1950/09/06 None ...... Henry ...... IN ...... 1953/12/31 Northcutt, Charles Jr ...... USA ...... RA15417798 ...... E4 ...... CPL ...... MIA ...... C CO 3RD ENGR BN ...... 1950/07/20 None ...... Montgomery ...... IN ...... 1953/12/18 Olcott, Richard Lee ...... USAF ..... AO–736315 ...... O2 ...... 1LT ...... KIA ...... 39TH FTR INT SQ ...... 1951/10/06 F–51 ...... Ft Wayne...... IN ...... 1951/10/31 Phillips, Virgil L ...... USA ...... RA35813775 ...... E5 ...... SGT ...... MIA ...... K CO 8TH CAV ...... 1950/11/02 None ...... Martin ...... IN ...... 1951/10/31 Pickens, Russell B ...... USA ...... RA16310805 ...... E4 ...... CPL ...... MIA ...... A BTRY 63RD FA ...... 1950/07/20 None ...... Allen ...... IN ...... 1953/12/31 Pleiss, Lewis Peifer ...... USAF ..... AO–1912244 ...... O2 ...... 1LT ...... MIA ...... 25TH FTR INT SQ ...... 1951/09/23 F–80 ...... New Albany...... IN ...... 1953/12/31 Plump, James ...... USA ...... RA34014959 ...... E8 ...... MSG ...... KIA ...... C CO 24TH INF ...... 1950/11/27 None ...... St Joseph...... IN ...... 1950/11/27 Pothast, Bobby Lee ...... USMC .... 1181849 ...... E2 ...... PFC ...... KIA ...... F CO 2/1 ...... 1952/06/13 None ...... Indianapolis ...... IN ...... 1952/06/13 Rider, Alexander David ...... USMC .... 443270 ...... E6 ...... TSGT ..... KIA ...... 4–2 MORT CO 7TH MAR ...... 1950/12/06 None ...... Gary ...... IN ...... 1950/12/06 Riley, Charles D ...... USA ...... RA16314614 ...... E4 ...... CPL ...... POW ...... B CO 2ND ENGR BN ...... 1950/11/28 None ...... Delaware ...... IN ...... 1951/02/28 Rodman, Marvin L ...... USA ...... US55200683 ...... E7 ...... SFC ...... MIA ...... K CO 32ND INF ...... 1952/10/20 None ...... Washington ...... IN ...... 1953/12/31 Ross, Edward F ...... USA ...... ER35540297 ...... E5 ...... SGT ...... MIA ...... H CO 7TH INF ...... 1951/04/25 None ...... DeKalb ...... IN ...... 1953/12/31 Ross, Robert Lewis ...... USAF ..... AF22998208 ...... E5 ...... SSG ...... MIA ...... 28TH BOMB SQ ...... 1952/06/10 B–29 ...... Rockville ...... IN ...... 1954/02/28 Ruby, Gene Robert ...... USMC .... 1082534 ...... E2 ...... PFC ...... KIA ...... HQ BTRY 3/11 ...... 1950/11/30 None ...... Roanoke ...... IN ...... 1950/11/30 Rush, John Earl ...... USMC .... 520559 ...... E3 ...... CPL ...... MIA ...... I CO 3/7 ...... 1950/12/02 None ...... South Bend...... IN ...... 1954/01/14 Scott, Marle D ...... USA ...... RA15278294 ...... E3 ...... PFC ...... KIA ...... B BTRY 57TH FA ...... 1950/11/29 None ...... Fountain ...... IN ...... 1950/11/29 Scott, Richard Dale ...... USN ...... 2916861 ...... E6 ...... BM1 ...... MIA ...... USS MAGPIE ...... 1950/10/01 Ship ...... Peru ...... IN ...... 1951/10/02 Sechman, Donald R ...... USA ...... RA15275776 ...... E4 ...... CPL ...... MIA ...... I CO 34TH INF ...... 1950/07/20 None ...... Montgomery ...... IN ...... 1954/01/20 Selman Clifford Gene ...... USAF ..... AO–1864097 ...... O2 ...... 1LT ...... MIA ...... 13 BOMB SQ, LT ...... 1953/05/17 B–26 ...... LaFayette ...... IN ...... 1954/05/18 Shepler, Gerald Ivin ...... USA ...... RA15419662 ...... E4 ...... CPL ...... KIA ...... K CO 187TH ABN ...... 1950/11/29 None ...... Union ...... IN ...... 1950/11/29 Simmons, Wallace Jr ...... USA ...... RA35569696 ...... E8 ...... MSG ...... MIA ...... HQ BTRY 7TH INF ...... 1950/12/06 None ...... Marion ...... IN ...... 1953/12/31 Sizemore, Charles E ...... USA ...... RA16311923 ...... E4 ...... CPL ...... MIA ...... HQ HQ CO 8TH CAV ...... 1950/11/02 None ...... Marion ...... IN ...... 1953/12/31 Smith, Charles E ...... USA ...... RA16314105 ...... E3 ...... PFC ...... MIA ...... B CO 29TH INF ...... 1950/07/27 None ...... St. Joseph...... IN ...... 1953/12/31 Smith, Leland Ford ...... USA ...... RA23021038 ...... E4 ...... CPL ...... POW ...... K CO 35TH INF ...... 1950/11/28 None ...... Steuben ...... IN ...... 1951/02/28 Spangler, Donald E ...... USA ...... RA15275871 ...... E3 ...... PFC ...... MIA ...... B CO 8TH CAV RGT ...... 1950/11/02 None ...... Delaware ...... IN ...... 1953/12/31 Stebbens, Alvin Lowell ...... USA ...... RA16312837 ...... E4 ...... CPL ...... MIA ...... A CO 32ND INF ...... 1950/12/02 None ...... Grant ...... IN ...... 1953/01/26 Strawser, Paul P ...... USA ...... RA15212417 ...... E4 ...... CPL ...... POW ...... A CO 34TH INF ...... 1950/07/06 None ...... Steuben ...... IN ...... 1950/11/22 Sturdivant, Charles ...... USA ...... ER52005770 ...... E3 ...... PFC ...... POW ...... I CO 38TH INF ...... 1951/02/12 None ...... Huntington ...... IN ...... 1953/12/31 Sturgeon, Gene Alfred ...... USMC .... 0450033 ...... E3 ...... CPL ...... KIA ...... B CO 1/7 ...... 1950/11/28 None ...... Connersville ...... IN ...... 1950/11/28 Surber, Harold Paul ...... USA ...... US55031109 ...... E4 ...... CPL ...... POW ...... C CO 38TH INF ...... 1951/05/18 None ...... Marion ...... IN ...... 1951/07/31 Tabaczynski, Edwin Felix ...... USAF ..... AO–2221757 ...... O1 ...... 2LT ...... KIA ...... 16TH FTR INT SQ ...... 1951/08/20 F–80 ...... Mishawaka ...... IN ...... 1952/08/01 Talley, James Willis ...... USA ...... RA16324102 ...... E3 ...... PFC ...... KIA ...... C CO 24TH INF ...... 1950/11/26 None ...... Lake ...... IN ...... 1950/11/26 Thurman, John Edward ...... USAF ..... AF16346460 ...... E4 ...... AIC ...... NBD ...... 1 ST SHORAN SQ ...... 1952/10/16 C–46 ...... Greensboro ...... IN ...... 1952/11/07 Titus, Robergt Eli ...... USA ...... RA16312767 ...... E3 ...... PFC ...... POW ...... C CO 19TH INF ...... 1950/07/16 None ...... Grant ...... IN ...... 1950/12/31 Toops, William Wilbur ...... USAF ..... AO–1911692 ...... O2 ...... 1LT ...... KIA ...... 8TH FTR BMBR SQ ...... 1952/06/16 F–84E ...... Anderson ...... IN ...... 1952/06/16 Turner, Robert William ...... USN ...... 2914368 ...... E7 ...... ENC ...... KIA ...... USS PLEDGE, AM–277 ...... 1950/10/12 AM ...... Logansport ...... IN ...... 1950/10/12 Wagner, Gene Lewis ...... USA ...... RA15275693 ...... E4 ...... CPL ...... POW ...... A CO 19TH INF ...... 1950/07/16 None ...... White ...... IN ...... 1950/10/31 White, Robert Lee ...... USA ...... RA16312975 ...... E4 ...... CPL ...... POW ...... A BTRY 38th FA ...... 1950/11/30 None ...... Henry ...... IN ...... 1951/04/04 Wilder, Robert Dewitt ...... USMC .... 1176607 ...... E3 ...... CPL ...... KIA ...... G CO 3/7 ...... 1952/10/06 None ...... Evansville ...... IN ...... 1952/10/06 Williams, Grover Lois ...... USMC .... 0593728 ...... E3 ...... CPL ...... MIA ...... E CO 2/7 ...... 1950/11/28 None ...... Walkerton ...... IN ...... 1953/10/22 Wilson, Merble Eugene ...... USA ...... RA15242639 ...... E3 ...... PFC ...... POW ...... L CO 5th CAV RGT ...... 1951/02/15 None ...... Tippecanoe ...... IN ...... 1954/03/05 Woliung, John George ...... USAF ..... AO–826818 ...... O3 ...... CPT ...... MIA ...... 12th FTR BMBR SQ ...... 1952/11/05 F–51 ...... Greencastle ...... IN ...... 1953/10/28 Zekucia, Bernard M ...... USA ...... US55061590 ...... E4 ...... CPL ...... KIA ...... 38th INF ...... 1951/08/27 None ...... Lake ...... IN ...... 1951/08/27 Bender, Victor Vernon ...... USA ...... RA15277459 ...... E7 ...... SFC ...... MIA ...... L CO 38th INF ...... 1950/11/27 None ...... Marion ...... IN ...... 1953/12/31 Byard, Billie Jack ...... USA ...... RA15418425 ...... E3 ...... PFC ...... KIA ...... C BTRY 58th FA BN ...... 1950/11/28 None ...... Marion ...... IN ...... 1950/11/29 Coleman, James Allen ...... USA ...... RA15246539 ...... E7 ...... SFC ...... KIA ...... I CO 19th INF ...... 1951/04/25 None ...... Vermillion ...... IN ...... 1951/04/25 Conde, Louis Bernard ...... USA ...... US55170838 ...... E5 ...... SGT ...... MIA ...... B CO 15th INF ...... 1952/01/29 None ...... Lake ...... IN ...... 1953/12/31 Constant, James L ...... USA ...... RA16320424 ...... E3 ...... PFC ...... MIA ...... A CO 23RD INF ...... 1950/09/08 None ...... Marion ...... IN ...... 1953/12/31 Dalton, Howard Dale ...... USA ...... RA15418915 ...... E4 ...... CPL ...... POW ...... E CO 21ST INF ...... 1951/04/27 None ...... Tippecanoe ...... IN ...... 1954/01/05 Drew, Donald D ...... USA ...... RA15419313 ...... E4 ...... CPL ...... MIA ...... M CO 34TH INF ...... 1950/07/20 None ...... Washington ...... IN ...... 1953/12/31 Hamilton, Donald Sewell ...... USA ...... RA15275073 ...... E5 ...... SGT ...... MIA ...... MED CO 32ND INF ...... 1950/12/02 None ...... Greene ...... IN ...... 1953/12/31 Hodge, William M ...... USA ...... RA15258056 ...... E2 ...... PVT ...... MIA ...... I CO 24TH INF ...... 1950/07/26 None ...... Lake ...... IN ...... 1953/12/31 Inman, Richard George ...... USA ...... O–00066536 ...... O1 ...... 2LT ...... MIA ...... HV MORT CO 17TH ...... 1953/07/07 None ...... Knox ...... IN ...... 1953/07/07 Jochim, Cornelius A ...... USA ...... RA15416759 ...... E7 ...... SFC ...... MIA ...... MTR CO 31ST IN R ...... 1950/11/28 None ...... Vanderburgh ...... IN ...... 1953/13/31 Lykins, Earl Paul ...... USA ...... RA15419183 ...... E4 ...... CPL ...... POW ...... D CO 34TH INF ...... 1950/07/20 None ...... Randolph ...... IN ...... 1950/10/27 Mace, Delbert Ulysses ...... USA ...... US55031792 ...... E7 ...... SFC ...... KIA ...... A CO 21ST INF ...... 1951/12/12 None ...... Porter ...... IN ...... 1951/12/12 Martin, Albert F ...... USA ...... US55201362 ...... E4 ...... CPL ...... MIA ...... G CO 179TH INF ...... 1952/10/29 None ...... Jay ...... IN ...... 1953/12/31 McDaniel, Charles H ...... USA ...... RA17000585 ...... E8 ...... MSG ...... MIA ...... MED CO 8TH CAV REG ...... 1950/11/02 None ...... Jennings ...... IN ...... 1953/12/31 McKeehan, Herbert V ...... USA ...... RA16311516 ...... E3 ...... PFC ...... KIA ...... B CO 70TH TNK BN ...... 1950/11/02 None ...... La Porte...... IN ...... 1950/11/02 Meshulan, Morris ...... USA ...... RA15277708 ...... E4 ...... CPL ...... POW ...... D CO 82ND AAAWBN ...... 1950/12/01 None ...... Marion ...... IN ...... 1951/01/11 Murdock, Jackie Lee ...... USA ...... RA16314045 ...... E3 ...... PFC ...... POW ...... B CO 34TH INF ...... 1950/07/06 None ...... Montgomery ...... IN ...... 1950/10/29 Pearson, Raymond Edward ...... USA ...... O–02014734 ...... O2 ...... 1LT ...... POW ...... SVC BTRY 63RD FA BN ...... 1950/07/14 None ...... Montgomery ...... IN ...... 1951/02/28 Reynolds, Bernard Clayton ...... USA ...... US55049102 ...... E4 ...... CPL ...... MIA ...... D CO 38TH INF REG ...... 1951/05/18 None ...... Randolph ...... IN ...... 1953/12/31 Serwise, Luther Dean ...... USA ...... ER35096963 ...... E7 ...... SFC ...... MIA ...... A CO 38TH INF ...... 1951/02/12 None ...... Lake ...... IN ...... 1954/02/17 Wasiak, Richard L ...... USA ...... RA16311250 ...... E4 ...... CPL ...... MIA ...... G CO 32ND INF ...... 1950/12/02 None ...... Lake ...... IN ...... 1953/12/31 White, Robert Louis ...... USA ...... RA16320481 ...... E5 ...... SGT ...... MIA ...... HQ CO 1BN 9INF ...... 1950/11/30 None ...... Decatur ...... IN ...... 1953/12/31 Soderstrom, Marvin W ...... USA ...... US55091639 ...... E3 ...... PFC ...... MIA ...... E CO 35TH INF ...... 1951/09/09 None ...... Porter ...... IN ...... 1954/02/15 Rice, Donald Ray ...... USA ...... RA16311222 ...... E5 ...... SGT ...... POW ...... L CO 23RD INF ...... 1951/05/18 None ...... Porter ...... IN ...... 1951/10/31 Davis, Norman Glen ...... USAF ..... AF15209199 ...... E6 ...... SSG ...... MIA ...... 8 BOMB SQ, LT ...... 1951/09/12 B–26 ...... Hymera ...... IN ...... 1954/02/28 Criswell, Reed A ...... USA ...... RA16314940 ...... E4 ...... CPL ...... POW ...... A BTRY 15TH FA ...... 1951/02/13 None ...... Washington ...... IN ...... 1951/04/05 Tucker, Robert Jerome ...... USA ...... RA35724130 ...... E4 ...... CPL ...... MIA ...... E CO 24TH INF ...... 1950/11/27 None ...... Gibson ...... IN ...... 1950/11/27 Count Total: 195.

HONORING THE BRAVERY OF Created in the early ’80s by the Fed- Doug Wasar, a firefighter from St. MISSOURI TASK FORCE ONE eral Emergency Management Agency, Louis. Yet, despite the fatigue and an- Mrs. CARNAHAN. Madam President, the philosophy behind urban search guish they face, they must be forced to during the course of the past week, we and rescue was to compile a team of stop and eat. When the shift is over, have witnessed extraordinary acts of highly trained and motivated rescue they are reluctant to stop. They are bravery. Americans from all walks of and medical specialists that could find driven by an inner force they find hard life have reached deep into their souls and return people in collapsed build- to explain. and sought to bring forth comfort to ings. This past week the 62 volunteers Their job is as difficult and chal- those who have suffered the unimagi- that make up Missouri Task Force One lenging as perhaps any task that has nable. Their efforts range from simple have used the full range of their skills been undertaken since the attack, but acts of kindness to the emotionally in the New York City rescue mission. their focus remains true. As the days numbing tasks of searching through Searchers work in 12-hour shifts. and weeks progress and the chances of the aftermath for survivors. Today I They search around the clock. The ef- finding survivors wane, they press on, rise to applaud the efforts of a special fort is slow and methodical and emo- their hope and determination strong. team of Americans, Missouri Task tions run high. ‘‘It’s sensory overload On behalf of all Missourians I express Force One. in every aspect,’’ said team member my sincere and heartfelt appreciation

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9614 CONGRESSIONAL RECORD — SENATE September 21, 2001 to the heroes and heroines who make their lives and service, mourning their CONDEMNING BIGOTRY AND VIO- up Missouri Task Force One. They are passing and extending our condolences LENCE AGAINST ARAB, MUSLIM shining examples of the best Missouri to their families. AND SOUTH ASIAN AMERICANS has to offer and an inspiration to the f Mr. FEINGOLD. Madam President, I world. rise to join with my colleagues in sup- f IN RECOGNITION OF DAVID port of H. Con. Res 227 condemning big- LOCAL LAW ENFORCEMENT ACT BOHLEY otry and violence against Arab, Mus- OF 2001 lim, and South Asian Americans. Mr. BOND. Madam President, I ask I am sincerely grateful for and proud Mr. SMITH of Oregon. Madam Presi- the Senate to pause long enough to rec- of the tremendous response of the dent, I rise today to speak about hate ognize an outstanding member of my American people who have shown true crimes legislation I introduced with staff who is moving on to new chal- courage and loyalty in the face of the Senator KENNEDY in March of this lenges and new opportunities. Dave horrific attacks on our country on Sep- year. The Local Law Enforcement Act Bohley has been a member of my Small tember 11, 2001. No one should doubt of 2001 would add new categories to Business Committee staff since 1998. the resolve of this Nation to meet the current hate crimes legislation sending Since that time he has set a high challenge before us in fighting ter- a signal that violence of any kind is standard of excellence and knowledge rorism. But as we continue to wrestle unacceptable in our society. in handling banking and related mat- with deep and conflicting emotions of I would like to describe a terrible ters for the Committee. He was also sadness, pain, anger, and fear, we must crime that occurred November 30, 1993 deeply involved in the Small Business ensure that the spirit of America, that in Tyler, TX. Nicholas West, a 23-year- Innovation Research program reau- ability to transcend differences in race, old gay man, was abducted from a park thorization we passed last year, and in religion, and ethnicity to achieve known as a meeting place for gays, the Small Business Technology Trans- greatness, is not only preserved, but robbed and shot to death. Donald Al- fer program legislation currently work- strengthened as a result of this trag- drich, 29, David Ray McMillan, 17, and ing its way through the Congress. edy. Henry Dunn Jr., 19, were charged with Dave’s expertise recently attracted As history has shown, America has murder. him into a new career at Fannie Mae, always triumphed when we are united. I believe that government’s first duty the financial services company. Al- That is why it is so important in this is to defend its citizens, to defend them though I am happy for him to have this chapter in our history, as we prepare to against the harms that come out of new opportunity, I am sorry to see him defend and preserve our Nation, that hate. The Local Law Enforcement En- leave my staff. Fannie Mae’s gain is we stay united as one Nation. This hancement Act of 2001 is now a symbol truly our loss. I wish him every success should not be an occasion for irrational that can become substance. I believe and thank him so very much for his ex- impulses of fear, hate or violence to- that by passing this legislation, we can emplary service to me and to the Sen- wards Arab-Americans, Muslim Ameri- change hearts and minds as well. ate. cans, South Asian Americans, or any f f other person in this country. Such ac- IN MEMORY OF TWO BRAVE CALI- tions are wrong. The idea of ‘‘America’’ FORNIA PILOTS, LARRY GROFF NATURALIZATION EXTENSION ACT knows no racial, ethnic, or religious AND LARS STRATTE OF 2001 boundaries, and no American should have to live in fear as a result of this Mrs. BOXER. Madam President, I Mr. KOHL. Madam President, I rise situation. I stand together with my rise today to commemorate the tragic today as an original cosponsor of the colleagues, and with Americans of all deaths of Larry Groff and Lars Stratte, Bruce Vento Hmong Veterans Natu- backgrounds, in condemning such ac- pilots who were killed on August, 27, ralization Extension Act of 2001. This tions. We must renew our commitment 2001 in a mid-air tanker collision while important piece of legislation will en- to protect our fellow Americans and fighting the Bus Fire in Northern Cali- sure that the sizable Hmong population our Nation against those who want to fornia. Both pilots were flying Gruman in Wisconsin is able to take advantage divide us with hate. S–2 aircraft and were making fire re- of a status adjustment opportunity ex- Unfortunately, there has been a rash tardant drops on the fire when they tended to them unanimously by this of acts of hate during the last week, collided. Congress last year. The Hmong, and compounding the anxiety of Americans Larry Groff and Lars Stratte were es- particularly the Lao Veterans of Amer- in communities throughout this Na- tablished and dedicated pilots who ica, deserve our respect and honor for tion. I have been saddened to hear of have recorded numerous hours of flying all their help during the conflict in incidents in my own State. Ashraf time. Both pilots were employees of Vietnam. ‘‘Mike’’ Khaled, a Wisconsin resident of San Joaquin Helicopters, Incorporated. The Hmong Veterans Naturalization Jordanian descent and gas station Larry Groff was a 20 year Navy Veteran Act of 2000 waives the English language owner, has been the victim of several pilot and Lars Stratte was Past Presi- requirement and provides for a trans- incidents of hateful statements and dent of the Redding Area Pilots Asso- lator during administration of the threats of his safety by customers and ciation. Civics test for all Hmong Veterans of passerby. He reminded us of why our We will never forget the service of the Special Forces in Laos and their country is so great and why these ac- these pilots to their community. In a spouses and widows applying for U.S. tions of hatred can be so damaging. He difficult and dangerous occupation, citizenship. However, the Hmong vet- said, ‘‘I love this country because I they demonstrated outstanding cour- eran community only had the benefit found my freedom here.’’ age and extraordinary ability to fight of this legislation for 18 months. Since This is a critical moment for Amer- fires from the air in their service with enactment, fewer than half of all ica. One in which we must all live by the California Department of Forestry Hmong veterans and their family mem- and honor our Pledge to live as ‘‘One and Fire Protection. bers have been able to seek citizenship Nation, under God, indivisible, with Larry Groff, from Windsor, CA, under these standards. The legislation liberty and justice for all.’’ leaves behind his wife Christine, his six introduced today would give those eli- children and two grandchildren. Lars gible an additional 18 months to apply f Stratte, from Redding, CA, leaves be- for citizenship under the Naturaliza- ADDITIONAL STATEMENTS hind his wife Terri and two children. tion Act. Larry Groff and Lars Stratte served I commend my colleague Senator their community and the people of WELLSTONE for his efforts on behalf of TRIBUTE TO BISHOP TIMLIN California with great distinction. I am the Hmong population living in the ∑ Mr. SPECTER. Madam President, I honored to pay tribute to these brave upper midwestern United States, and I seek recognition today to acknowledge men today and I encourage my fellow urge expeditious consideration of this the service of my friend, Bishop James colleagues to join me in celebrating legislation. C. Timlin, D.D., of the Diocese of

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9615 Scranton, who is today celebrating 25 Rose Ann Vuich set a high level of in- the centerpiece of her 1976 campaign years since his elevation to the rank of tegrity and decency. To this day, there was completing Freeway 41, which she bishop. Recently, on July 16, 2001, is a Rose Ann Vuich award recognizing called ‘‘the freeway to nowhere.’’ Bishop Timlin also observed the 50th other great public servants who meet Sen. Vuich remains a role model for anniversary of his priestly ordination. her high standards. She was a woman all of us. The lessons she taught us Bishop Timlin was born in Scranton of great determination and dedication, must endure.∑ on August 5, 1927. He attended Holy Ro- who worked tirelessly for her constitu- f sary High School and St. Charles Col- ents and was loved and respected by so lege in Catonsville, MD. He then at- IN MEMORY OF SARAH MAE many. SHOEMAKER CALHOON tended St. Mary’s Seminary in Balti- Rose Ann Vuich was the daughter of more and the North American College Yugoslav immigrants and was from the ∑ Mr. CARPER. Mr. President, I rise in Rome, Italy, where he completed his small farming community of Dinuba in today to commemorate the passing of a studies for the priesthood. Bishop Tulare County, California. Senator wonderful woman, mother, and Amer- Timlin was ordained on July 16, 1951, in Vuich was dedicated to agriculture, ican. Sarah Mae Shoemaker Calhoon Rome by the Most Reverend Martin J. family, community and promoting the died on July 7, 2001 outside of Colum- O’Connor, D.D. Bishop Timlin contin- San Joaquin Valley. She will be great- bus, OH, (Hilliard), after a courageous ued his studies in theology there before ly missed by all. battle with cancer. Mrs. Calhoon was 75 returning to the Diocese of Scranton, On behalf of the Senate, I extend our years old. where he was appointed Assistant Pas- thoughts and prayers to the Vuich Mrs. Calhoon was born on August 31, tor at St. John Evangelist Parish, Family on the loss of an extraordinary 1925 in Philadelphia, PA to the late Pittston, in 1952. woman. I ask that the Fresno Bee Edi- Samuel and Sarah Mae Shoemaker. She spent her childhood in Philadel- On June 12, 1953, he became Assistant torial from August 31, 2001 be printed phia, where she would graduate from Pastor of St. Peter’s Cathedral in in the RECORD. Cheltenham High School. On August Scranton, where he served until Sep- [From the Fresno Bee, Aug. 31, 2001] tember 12, 1966, when he was named As- 29, 1947, just two days before her 22nd ROSE ANN VUICH—VALLEY LAWMAKER LEFT birthday, Sarah Mae Shoemaker was sistant Chancellor of the Diocese of AN ENDURING LEGACY OF ETHICAL, HONEST married to J. Thomas Calhoon, a Ma- Scranton. He was named Chaplain to BEHAVIOR rine from Grandview Heights, a suburb His Holiness Pope Paul VI on August 3, At a time when there’s so much cyni- of Columbus, OH. 1967, Chancellor of the Diocese of cism about government, Rose Ann Scranton on December 15, 1971, and The new Mr. and Mrs. Calhoon had Vuich reminded us that public service their first child, Thomas F. or ‘‘little’’ Prelate of Honor to His Holiness on is noble. Sen. Vuich, who died Thurs- April 23, 1972. He was named the Auxil- Tom as they often called him early in day, was California’s first woman state their marriage. In September of 1948, iary Bishop of Scranton on August 3, senator, but her mark in Sacramento 1976, and Pastor of the Nativity of Our Tom, Sarah, and ‘‘little’’ Tom moved was made with her integrity and a to Columbus, OH, where, over the next Lord, Scranton, in September 1979. Car- commitment to her Valley constitu- dinal John J. O’Connor, the seventh four years they would become the ents. proud parents of three more sons, Sam, Bishop of Scranton, appointed him A Democrat from Dinuba, Sen. Vuich Chairman of the Board of Advisors for Don, and Bob. Their only daughter, represented the region for 16 years Susie, would be born in April of 1961. St. Pius X Seminary and Chairman of until retiring in 1992. She served at a the Preparatory Commission for the Although I did not know Sarah Mae time when the Legislature was con- Calhoon personally, I have known her Scranton Diocesan Synod in 1983. trolled by special interests and laws Pope John Paul II appointed him the son Tom for more than half of my life. limiting gifts from lobbyists were not eighth Bishop of Scranton on April 24, We met as undergraduates at the Ohio as strict as they are today. Many legis- 1984, and his installation followed on State University in the 1960s and have lators had their hands out, and the spe- June 7, 1984. Bishop Timlin has served been fraternity brothers for more than cial interests were only too happy to two terms as a member of the Adminis- three decades. Despite living so far grease them. But they could not get to trative Board and the National Advi- from each other, Tom and I have man- Sen. Vuich, although they tried. sory Council of the National Con- aged to keep in touch over the years. It Sen. Vuich had earned a reputation ference of Catholic Bishops. He also is often said that all children are a re- for voting her conscience and, didn’t served as a member of the Board of the flection of their parents. If Tom is even look kindly on so-called ‘‘juice bills,’’ North American College, as well as a a faint reflection of his mother, it is a which were bills that had no value consultant on the Liturgy Committee. great tribute to the values she carried other than attracting campaign con- He is presently a consultant to the throughout her life and instilled in her tributions for lawmakers. In Sac- NCCB’s Ecumenical and Migration children. committees. ramento, FBI agents played a tape that Since her recent passing, I have For his leadership and spiritual shep- had a witness saying a bill shouldn’t go heard and read many wonderful things herding of 340,000 Catholics in the 11 to the Banking and Commerce Com- about Sarah Mae Calhoon. I have counties of the Diocese of Scranton, I mittee, which Sen. Vuich chaired, be- learned about her strong commitment would like to extend the gratitude and cause she didn’t ‘‘play ball.’’ to the community of Columbus, wheth- recognition of the United States Sen- In 1998, an award for ethical leader- er it be through her active membership ate to Bishop James Timlin.∑ ship was established in Sen. Vuich’s in a variety of organizations like the name. The aim was to raise the ethical PTA, 4–H, the Lions Auxiliary or in her f bar in the region, which was sorely unofficial role as the ‘‘zoning watch- IN MEMORY OF ROSE ANN VUICH needed after the many indictments in dog’’ of the Calhoon’s neighborhood on ∑ Mrs. BOXER. Mr. President, I rise the local Operation Rezone case. Old Cemetery Road. I have read about today to recognize the recent passing Sen. Vuich also was a role model for her great success as a multi-million of Rose Ann Vuich, an extraordinary women in government. It was difficult dollar producer in the real estate in- public servant and Californian who being California’s first woman state dustry. I have heard, from both former died on August 30th at the age of 74, senator, but she broke into that men’s customers and competitors alike, after a long battle with Alzheimer’s. club with humor and dignity. She kept about the dedication, loyalty, and in- Rose Ann Vuich was California’s first a bell on her desk in the Senate cham- tegrity that she brought to her job woman State senator, serving in the ber, and when her male colleagues re- every day. California State Senate for 16 years ferred to the ‘‘gentlemen of the Sen- Most importantly, however, I have until her retirement in 1992. With the ate’’ or ‘‘fellow senators,’’ she rang the learned about her unfailing commit- election of Senator Vuich in 1976, she bell loudly. The Senate soon became ment to being a mother and wife. Noth- became an icon in California’s political more sensitive to gender-biased lan- ing was more precious to Sarah history and helped to write a new era guage. Calhoon than her family and she did all in the history of the California State Sen. Vuich was instrumental in get- she could to ensure that all of her chil- Senate. ting the local freeway system built and dren grew up in a loving and nurturing

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9616 CONGRESSIONAL RECORD — SENATE September 21, 2001 environment that would enable them attacks, we must seek to understand water development for the fiscal year to go on to lead valuable and fulfilling the roots of terrorism in the Middle ending September 30, 2002, and for lives. She consistently put the needs, East and bring to an end the ever-esca- other purposes, and has agreed to the concerns and feelings of her family and lating cycle of violence. I can think of conference asked by the Senate on the others, before her own wishes, never no more appropriate memorial to disagreeing votes of the two Houses asking for much but always giving a Shoshona than to ensure one day that thereon; and appoints the following great deal. Her life served as an exam- the people of Israel can live in freedom Members as the managers of the con- ple, providing inspiration to women ev- and safety, secure in their knowledge ference on the part of the House: Mr. erywhere struggling to maintain the of a peaceful and productive future.∑ CALLAHAN, Mr. ROGERS of Kentucky, Mr. FRELINGHUYSEN, Mr. LATHAM, Mr. careful balance between career and f family, a task that she carried out WICKER, Mr. WAMP, Mrs. EMERSON, Mr. with admirable grace and skill. MESSAGES FROM THE PRESIDENT DOOLITTLE, Mr. YOUNG of Florida, Mr. Everything that I have learned about Messages from the President of the VISCLOSKY, Mr. EDWARDS, Mr. PASTOR, Sarah Mae Calhoon since her death has United States were communicated to Mr. CLYBURN, Ms. ROYBAL-ALLARD, and only confirmed what I had always pic- the Senate by Ms. Evans, one of his Mr. OBEY. tured my good friend Tom’s mother secretaries. The message further announced that would be like: the epitome of an exem- the House has disagreed to the amend- f plary wife, mother, business woman, ment of the Senate to the bill (H.R. and citizen. EXECUTIVE MESSAGES REFERRED 2620) making appropriations for the De- In closing, I would like to extend my partments of Veterans Affairs and As in executive session the Presiding Housing and Urban Development, and greatest condolences to her husband, Officer laid before the Senate messages their five children, seven grand- for sundry independent agencies, from the President of the United boards, commissions, corporations, and children, and countless others whose States submitting sundry nominations lives were touched by this wonderful offices for the fiscal year ending Sep- which were referred to the appropriate tember 30, 2002, and for other purposes, woman. As we celebrate her remark- committees. able life, let it be known that Sarah and has agreed to the conference asked (The nominations received today are by the Senate on the disagreeing votes Mae Calhoon will be dearly missed, yet printed at the end of the Senate pro- never forgotten.∑ of the two Houses thereon; and ap- ceedings.) points the following members as the f f managers of the conference on the part IN HONOR OF SHOSHONA of the House: Mr. WALSH, Mr. DELAY, MESSAGE FROM THE HOUSE GREENBAUM Mr. HOBSON, Mr. KNOLLENBERG, Mr. ∑ Mrs. BOXER. Mr. President, a suicide At 9:04 a.m., a message from the FRELINGHUYSEN, Mrs. NORTHUP, Mr. bombing occurred in Jerusalem during House of Representatives, delivered by SUNUNU, Mr. GOODE, Mr. ADERHOLT, Mr. the Congressional recess that claimed Ms. Niland, one of its reading clerks, YOUNG of Florida, Mr. MOLLOHAN, Ms. the life of a young American woman, announced that the House has passed KAPTUR, Mrs. MEEK of Florida, Mr. Shoshona Greenbaum. Ms. Greenbaum, the following bills, in which is requests PRICE of North Carolina, Mr. CRAMER, four months pregnant with her first the concurrence of the Senate: Mr. FATTAH, and Mr. OBEY. child, is yet another tragic victim in H.R. 1900. An act to amend the Juvenile The message further announced that Justice and Delinquency Prevention Act of the House has disagreed to the amend- the numbing string of suicide bomb at- 1974 to provide quality prevention programs tacks perpetrated by Palestinian ex- ments of the Senate to the bill (H.R. and accountability programs relating to ju- 2647) making appropriations for the tremists against innocent Israeli citi- venile delinquency, and for other purposes. zens. H.R. 2061. An act to amend the charter of Legislative Branch for the fiscal year Shoshona Greenbaum was one of 15 Southeastern University of the District of ending September 30, 2002, and for people killed on August 9th in a down- Columbia. other purposes, and has agreed to the town Jerusalem pizzeria, after a Pales- H.R. 2657. An act to amend title 11, District conference asked by the Senate on the tinian terrorist detonated a bomb stud- of Columbia Code, to redesignate the Family disagreeing votes of the two Houses ded with nails, screws and bolts that he Division of the Superior Court of the District thereon; and appoints the following of Columbia as the Family Court of the Su- had strapped to his body. She died in- Members as the managers of the con- perior Court, to recruit and retain trained ference on the part of the House: Mr. stantly, and with her died the hopes and experienced judges to serve in the Fam- TAYLOR of North Carolina, Mr. WAMP, and dreams of a young, idealistic ily Court, to promote consistency and effi- Mr. LEWIS of California, Mr. LAHOOD, woman, a wife, a devoted school teach- ciency in the assignment of judges to the er and mother-to-be. Family Court and in the consideration of ac- Mr. SHERWOOD, Mr. YOUNG of Florida, Ms. Greenbaum spent most of her life tions and proceedings in the Family Court, Mr. MORAN of Virginia, Mr. HOYER, Ms. in Southern California, and her par- and for other purposes. KAPTUR, and Mr. OBEY. The message also announced that the ents, Alan and Shifra Hayman, still The message also announced that the House agrees to the resolution (H. Res. live in Los Angeles. My heart goes out House has disagreed to the amendment 240) returning to the Senate the bill to her family, her many friends, and to of the Senate to the bill (H.R. 2217) (H.R. 2500) making appropriations for her grieving husband Steven for their making appropriations for the Depart- the Departments of Commerce, Justice, ment of the Interior and related agen- cruel and unexpected loss. and State, the Judiciary, and related I have had the opportunity to talk cies for the fiscal year ending Sep- agencies for the fiscal year ending Sep- with Shoshona’s father, and I know tember 30, 2002, and for other purposes, tember 30, 2002, and for other purposes, and has agreed to the conference asked what a deep loss this is for the entire and, in the opinion of the House, con- by the Senate on the disagreeing votes family. I condemn this cowardly attack travenes the first clause of the seventh of the two Houses thereon; and ap- that robbed a husband of his beloved section of the first article of the Con- points the following Members as the wife and child, devastated a family and stitution of the United States and is an managers of the conference on the part took a remarkable young woman from infringement of the privileges of this of the House: Mr. SKEEN, Mr. REGULA, a community that adored her. House and that such bill be respect- It is time for the terrorism to stop. It Mr. KOLBE, Mr. TAYLOR of North Caro- fully returned to the Senate. is time for the suicide bomb attacks to lina, Mr. NETHERCUTT, Mr. WAMP, Mr. stop. It is time for the Palestinian KINGSTON, Mr. PETERSON of Pennsyl- At 11:59 a.m., a message from the leadership to renounce the use of vio- vania, Mr. YOUNG of Florida, Mr. DICKS, House of Representatives, delivered by lence and to rein in those individuals Mr. MURTHA, Mr. MORAN of Virginia, Mr. Hays, one of its reading clerks, an- and elements who seek only to destroy Mr. HINCHEY, Mr. SABO, and Mr. OBEY. nounced that the House has passed the Israel and forever destabilize the re- The message also announced that the following bill, in which it requests the gion. House has disagreed to the amendment concurrence of the Senate: In the name of Shoshona Greenbaum of the Senate to the bill (H.R. 2311) H.R. 2904. An act making appropriations and the other innocent victims of these making appropriations for energy and for military construction, family housing,

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9617 and base realignment and closure for the De- cation’’ (Notice 2001–59) received on Sep- EC–4004. A communication from the White partment of Defense for the fiscal year end- tember 18, 2001; to the Committee on Fi- House Liaison, Department of Justice, trans- ing September 30, 2002, and for other pur- nance. mitting, pursuant to law, the report of a poses. EC–3992. A communication from the Direc- nomination and a nomination returned for tor of the Office of Management and Budget, the position of United States Parole Com- f Executive Office of the President, transmit- missioner, received on September 19, 2001; to MEASURES REFERRED ting, pursuant to law, a report relative to the Committee on the Judiciary. Federal Firefighters Retirement Age Fair- EC–4005. A communication from the Under The following bills were read the first ness Act; to the Committee on the Budget. Secretary of Defense, Acquisition, Tech- and the second times by unanimous EC–3993. A communication from the Direc- nology, and Logistics, transmitting, pursu- consent, and referred as indicated: tor of the Office of Federal Housing Enter- ant to law, a report entitled ‘‘Response to H.R. 1900. An act to amend the Juvenile, prise Oversight, transmitting, pursuant to Conference Report Accompanying the Floyd Justice and Delinquency Prevention Act of law, the report of a rule entitled ‘‘Executive D. Spence National Defense Authorization 1974 to provide quality prevention programs Compensation’’ (RIN2550–AA13) received on Act for Fiscal Year 2001’’; to the Committee and accountability programs relating to ju- September 19, 2001; to the Committee on on Armed Services. EC–4006. A communication from the Under venile delinquency, and for other purposes; Banking, Housing, and Urban Affairs. EC–3994. A communication from the White Secretary of Defense, Acquisition and Tech- to the Committee on the Judiciary. House Liaison, Department of Justice, trans- nology, transmitting, pursuant to law, a re- H.R. 2061. An act to amend the charter of mitting, pursuant to law, the report of a port entitled ‘‘Chemical and Biological De- Southeastern University of the District of nomination withdrawn for the position of fense Program Annual Report and Perform- Columbia; to the Committee on Govern- Assistant Attorney General, received on Sep- ance Plan, July 2001’’; to the Committee on mental Affairs. tember 19, 2001; to the Committee on the Ju- Armed Services. H.R. 2657. An act to amend title 11, District diciary. EC–4007. A communication from the United of Columbia Code, to redesignate the Family EC–3995. A communication from the White States Office of Special Counsel, transmit- Division of the Superior Court of the District House Liaison, Department of Justice, trans- ting, pursuant to law, the Commercial Ac- of Columbia as the Family Court of the Su- mitting, pursuant to law, the report of a tivities Inventory, and the FAIR Annual perior Court, to recruit and retain trained nomination withdrawn for the position of Management Report for 2001; to the Com- and experienced judges to serve in the Fam- Assistant Attorney General, Environment mittee on Governmental Affairs. ily Court, to promote consistency and effi- and Natural Resources Division, received on EC–4008. A communication from the Chair ciency in the assignment of judges to the September 19, 2001; to the Committee on the and Chief Executive Officer of the Armed Family Court and in the consideration of ac- Judiciary. Forces Retirement Home Board, transmit- tions and proceedings in the Family Court, EC–3996. A communication from the White ting, the report of the Commercial Activities and for other purposes, to the Committee on House Liaison, Department of Justice, trans- Inventory for year 2001; to the Committee on Governmental Affairs. mitting, pursuant to law, the report of a Governmental Affairs. H.R. 2904. An act making appropriations nomination returned for the position of Di- EC–4009. A communication from the Chair- for military construction, family housing, rector, Community Relations Service, re- man of the United States Commission for the and base realignment and closure for the De- ceived on September 19, 2001; to the Com- Preservation of America’s Heritage Abroad, partment of Defense for the fiscal year end- mittee on the Judiciary. transmitting, pursuant to law, the Annual ing September 30, 2002, and for other pur- EC–3997. A communication from the White Report on Audit and Investigative Coverage poses; House Liaison, Department of Justice, trans- for Fiscal Year 2001; to the Committee on Governmental Affairs. f mitting, pursuant to law, the report of a nomination returned for the position of Di- EC–4010. A communication from the Chair- man of the Broadcasting Board of Governors, MEASURES READ THE FIRST TIME rector, Bureau of Justice Assistance, re- transmitting, pursuant to law, the Commer- ceived on September 19, 2001; to the Com- cial Activities Inventory Report for the year The following bill was read the first mittee on the Judiciary. time: EC–3998. A communication from the White 2001; to the Committee on Governmental Af- House Liaison, Department of Justice, trans- fairs. S. 1447. A bill to improve aviation security, EC–4011. A communication from the Execu- mitting, pursuant to law, the report of a and for other purposes. tive Secretary and Chief of Staff, Agency for nomination returned for the position of Ad- f International Development, transmitting, ministrator, Office of Juvenile Justice and pursuant to law, the report of a nomination Delinquency Prevention, received on Sep- EXECUTIVE AND OTHER for the position of Assistant Administrator, COMMUNICATIONS tember 19, 2001; to the Committee on the Ju- Bureau for Europe and Eurasia, received on diciary. September 19, 2001; to the Committee on For- The following communications were EC–3999. A communication from the White eign Relations. laid before the Senate, together with House Liaison, Department of Justice, trans- EC–4012. A communication from the Acting accompanying papers, reports, and doc- mitting, pursuant to law, the report of a Executive Secretary, Agency for Inter- uments, which were referred as indi- nomination and a nomination returned for national Development, transmitting, pursu- cated: the position of United States Parole Com- ant to law, the report of a vacancy in the po- missioner, received on September 19, 2001; to EC–3988. A communication from the Acting sition of Assistant Administrator, Bureau the Committee on the Judiciary. for Europe and Eurasia, received on Sep- General Counsel of the Department of De- EC–4000. A communication from the White fense, transmitting, a draft of proposed legis- tember 19, 2001; to the Committee on Foreign House Liaison, Department of Justice, trans- Relations. lation relating to civilian personnel, prop- mitting, pursuant to law, the report of a erty disposal or transfer, and contractor EC–4013. A communication from the Acting nomination and a nomination returned for Executive Secretary, Agency for Inter- claims; to the Committee on Governmental the position of Assistant Attorney General, Affairs. national Development, transmitting, pursu- Office of Legal Counsel, received on Sep- ant to law, the report of a vacancy in the po- EC–3989. A communication from the Gen- tember 19, 2001; to the Committee on the Ju- sition of Assistant Administrator, Bureau eral Counsel of the Office of Government diciary. for Africa, received on September 19, 2001; to Ethics, transmitting, pursuant to law, a EC–4001. A communication from the White the Committee on Foreign Relations. draft of proposed legislation entitled ‘‘To House Liaison, Department of Justice, trans- EC–4014. A communication from the Acting Amend the Ethics in Government Act of 1978, mitting, pursuant to law, the report of a Executive Secretary, Agency for Inter- as Amended, to Streamline the Financial nomination and a nomination returned for national Development, transmitting, pursu- Disclosure Requirements for Executive the position of United States Parole Com- ant to law, the report of the designation of Branch Employees’’; to the Committee on missioner, received on September 19, 2001; to acting officer for the position of Assistant Governmental Affairs. the Committee on the Judiciary. Administrator, Bureau for Humanitarian Re- EC–3990. A communication from the Coun- EC–4002. A communication from the White sponse, received on September 19, 2001; to the sel to the Inspector General, United States House Liaison, Department of Justice, trans- Committee on Foreign Relations. Services Administration, transmitting, pur- mitting, pursuant to law, the report of a EC–4015. A communication from the Acting suant to law, the report of the discontinu- nomination and a nomination returned for Executive Secretary, Agency for Inter- ation of service in acting role in the position the position of United States Parole Com- national Development, transmitting, pursu- of Inspector General, received on August 14, missioner, received on September 19, 2001; to ant to law, the report of the designation of 2001; to the Committee on Governmental Af- the Committee on the Judiciary. acting officer in the position of Assistant fairs. EC–4003. A communication from the White Administrator, Bureau for Management, re- EC–3991. A communication from the Chief House Liaison, Department of Justice, trans- ceived on September 19, 2001; to the Com- of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a mittee on Foreign Relations. Service, Department of the Treasury, trans- nomination returned for the position of Di- EC–4016. A communication from the Acting mitting, pursuant to law, the report of a rule rector, Office for Victims of Crime, received Executive Secretary, Agency for Inter- entitled ‘‘Request for Comments on Regula- on September 19, 2001; to the Committee on national Development, transmitting, pursu- tions That May be Adopted on Interest Allo- the Judiciary. ant to law, the report of the designation of

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9618 CONGRESSIONAL RECORD — SENATE September 21, 2001 acting officer for the position of Assistant on September 19, 2001; to the Committee on EC–4039. A communication from the Acting Administrator, Bureau for Global Programs, Foreign Relations. Executive Secretary, Agency for Inter- Field Support and Research, received on Sep- EC–4028. A communication from the Acting national Development, transmitting, pursu- tember 19, 2001; to the Committee on Foreign Executive Secretary, Agency for Inter- ant to law, the report of the designation of Relations. national Development, transmitting, pursu- acting officer in the position of Assistant EC–4017. A communication from the Acting ant to law, the report of a vacancy in the po- Administrator, Bureau for Africa, received Executive Secretary, Agency for Inter- sition of Assistant Administrator, Bureau on September 19, 2001; to the Committee on national Development, transmitting, pursu- for Humanitarian Response, received on Sep- Foreign Relations. ant to law, the report of the designation of tember 19, 2001; to the Committee on Foreign EC–4040. A communication from the Acting acting officer in the position of Assistant Relations. Director, Office of Sustainable Fisheries, Na- Administrator, Bureau for Latin America EC–4029. A communication from the Acting tional Marine Fisheries Service, Department and the Caribbean, received on September 19, Executive Secretary, Agency for Inter- of Commerce, transmitting, pursuant to law, 2001; to the Committee on Foreign Relations. national Development, transmitting, pursu- the report of a rule entitled ‘‘Fisheries of the EC–4018. A communication from the Acting ant to law, the report of a vacancy in the po- Northeastern United States; Summer Floun- Executive Secretary, Agency for Inter- sition of Assistant Administrator, Bureau der, Scup, and Black Sea Bass Fisheries; Ad- national Development, transmitting, pursu- for Legislative and Public Affairs, received justments to the 2001 Summer Flounder, ant to law, the report of the designation of on September 19, 2001; to the Committee on Scup and Black Sea Bass Commercial an acting officer for the position of Assistant Foreign Relations. Quotas’’ (I.D. 090601A) received on September Administrator, Bureau for Asia and the Near EC–4030. A communication from the Acting 19, 2001; to the Committee on Commerce, East, received on September 19, 2001; to the Executive Secretary, Agency for Inter- Science, and Transportation. EC–4041. A communication from the Acting Committee on Foreign Relations. national Development, transmitting, pursu- Director of the Office of Sustainable Fish- EC–4019. A communication from the Acting ant to law, the report of a vacancy in the po- eries, National Marine Fisheries Service, De- Executive Secretary, Agency for Inter- sition of Assistant Administrator, Bureau partment of Commerce, transmitting, pursu- national Development, transmitting, pursu- for Asia and the Near East, received on Sep- ant to law, the report of a rule entitled ant to law, the report of the designation of tember 19, 2001; to the Committee on Foreign ‘‘Fisheries of the Exclusive Economic Zone acting officer in the position of Assistant Relations. EC–4031. A communication from the Acting Off Alaska; Closes Pollock in Statistical Administrator, Bureau for Africa, received Executive Secretary, Agency for Inter- Area 630 of the Gulf of Alaska’’ received on on September 19, 2001; to the Committee on national Development, transmitting, pursu- September 19, 2001; to the Committee on Foreign Relations. Commerce, Science, and Transportation. EC–4020. A communication from the Acting ant to law, the report of a vacancy in the po- sition of Assistant Administrator, Bureau EC–4042. A communication from the Acting Executive Secretary, Agency for Inter- Director of the Office of Sustainable Fish- national Development, transmitting, pursu- for Policy and Program Coordination, re- ceived on September 19, 2001; to the Com- eries, National Marine Fisheries Service, De- ant to law, the report of a vacancy in the po- mittee on Foreign Relations. partment of Commerce, transmitting, pursu- sition of Administrator, received on Sep- EC–4032. A communication from the Acting ant to law, the report of a rule entitled tember 19, 2001; to the Committee on Foreign Executive Secretary, Agency for Inter- ‘‘Fisheries of the Exclusive Economic Zone Relations. national Development, transmitting, pursu- Off Alaska—Final Rule to Clarify the Defini- EC–4021. A communication from the Acting ant to law, the report of a vacancy in the po- tion of Length Overall of a Vessel’’ (RIN0648- Executive Secretary, Agency for Inter- sition of Administrator, received on Sep- AN23) received on September 19, 2001; to the national Development, transmitting, pursu- tember 19, 2001; to the Committee on Foreign Committee on Commerce, Science, and ant to law, the report of a vacancy in the po- Relations. Transportation. sition of Assistant Administrator, Bureau EC–4033. A communication from the Acting EC–4043. A communication from the Acting for Africa, received on September 19, 2001; to Executive Secretary, Agency for Inter- Director of the Office of Sustainable Fish- the Committee on Foreign Relations. national Development, transmitting, pursu- eries, National Marine Fisheries Service, De- EC–4022. A communication from the Acting ant to law, the report of a vacancy in the po- partment of Commerce, transmitting, pursu- Executive Secretary, Agency for Inter- sition of Deputy Administrator, received on ant to law, the report of a rule entitled ‘‘In- national Development, transmitting, pursu- September 19, 2001; to the Committee on For- terpretive Rule Regarding Imports of Ille- ant to law, the report of a vacancy in the po- eign Relations. gally Harvested Patagonian or Antarctic sition of Assistant Administrator, Bureau EC–4034. A communication from the Acting Toothfish Seized by Foreign Law Enforce- for Europe and Eurasia, received on Sep- Executive Secretary, Agency for Inter- ment Authorities and Placed into Inter- tember 19, 2001; to the Committee on Foreign national Development, transmitting, pursu- national Commerce’’ (RIN0648-AP35) received Relations. ant to law, the report of the designation of on September 19, 2001; to the Committee on EC–4023. A communication from the Acting acting officer for the position of Assistant Commerce, Science, and Transportation. Executive Secretary, Agency for Inter- Administrator, Bureau for Humanitarian Re- EC–4044. A communication from the Acting national Development, transmitting, pursu- sponse, received on September 19, 2001; to the Director of the Office of Sustainable Fish- eries, National Marine Fisheries Service, De- ant to law, the report of a vacancy in the po- Committee on Foreign Relations. sition of Deputy Administrator, received on EC–4035. A communication from the Acting partment of Commerce, transmitting, pursu- September 19, 2001; to the Committee on For- Executive Secretary, Agency for Inter- ant to law, the report of a rule entitled eign Relations. national Development, transmitting, pursu- ‘‘Fisheries of the Exclusive Economic Zone EC–4024. A communication from the Acting ant to law, the report of the designation of Off Alaska—Closes C Season Pollock Fishery Executive Secretary, Agency for Inter- acting officer in the position of Assistant in Statistical Area 610, GOA’’ received on September 19, 2001; to the Committee on national Development, transmitting, pursu- Administrator, Bureau for Management, re- ant to law, the report of a vacancy in the po- Commerce, Science, and Transportation. ceived on September 19, 2001; to the Com- EC–4045. A communication from the Acting sition of Assistant Administrator, Bureau mittee on Foreign Relations. Director of the Office of Sustainable Fish- for Asia and the Near East, received on Sep- EC–4036. A communication from the Acting eries, National Marine Fisheries Service, De- tember 19, 2001; to the Committee on Foreign Executive Secretary, Agency for Inter- partment of Commerce, transmitting, pursu- Relations. national Development, transmitting, pursu- ant to law, the report of a rule entitled ‘‘At- EC–4025. A communication from the Acting ant to law, the report of the designation of lantic Highly Migratory Species Fisheries; Executive Secretary, Agency for Inter- acting officer for the position of Assistant Swordfish Quota Adjustment’’ (I.D. 070201A) national Development, transmitting, pursu- Administrator, Bureau for Global Programs, received on September 19, 2001; to the Com- ant to law, the report of a vacancy in the po- Field Support and Research, received on Sep- mittee on Commerce, Science, and Transpor- sition of Assistant Administrator, Bureau tember 19, 2001; to the Committee on Foreign tation. for Policy and Program Coordination, re- Relations. EC–4046. A communication from the Acting ceived on September 19, 2001; to the Com- EC–4037. A communication from the Acting Director of the Office of Sustainable Fish- mittee on Foreign Relations. Executive Secretary, Agency for Inter- eries, National Marine Fisheries Service, De- EC–4026. A communication from the Acting national Development, transmitting, pursu- partment of Commerce, transmitting, pursu- Executive Secretary, Agency for Inter- ant to law, the report of the designation of ant to law, the report of a rule entitled ‘‘At- national Development, transmitting, pursu- acting officer for the position of Assistant lantic Highly Migratory Species (HMS) Fish- ant to law, the report of a vacancy in the po- Administrator, Bureau for Latin America eries; Large Coastal Shark Species; Post- sition of Assistant Administrator, Bureau and the Caribbean, received on September 19, ponement of Closure; Fishing Season Notifi- for Humanitarian Response, received on Sep- 2001; to the Committee on Foreign Relations. cation’’ (I.D. 082901B) received on September tember 19, 2001; to the Committee on Foreign EC–4038. A communication from the Acting 19, 2001; to the Committee on Commerce, Relations. Executive Secretary, Agency for Inter- Science, and Transportation. EC–4027. A communication from the Acting national Development, transmitting, pursu- EC–4047. A communication from the Acting Executive Secretary, Agency for Inter- ant to law, the report of the designation of Director of the Office of Sustainable Fish- national Development, transmitting, pursu- acting officer for the position of Assistant eries, National Marine Fisheries Service, De- ant to law, the report of a vacancy in the po- Administrator, Bureau for Asia and the Near partment of Commerce, transmitting, pursu- sition of Assistant Administrator, Bureau East, received on September 19, 2001; to the ant to law, the report of a rule entitled ‘‘At- for Legislative and Public Affairs, received Committee on Foreign Relations. lantic Highly Migratory Species Fisheries;

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9619 Atlantic Bluefin Tuna Fisheries; Adjustment EC–4056. A communication from the Attor- Committee on Agriculture, Nutrition, and of Daily Retention Limit; Inseason Quota ney/Advisor of the Department of Transpor- Forestry. Transfer’’ (I.D. 082701D) received on Sep- tation, transmitting, pursuant to law, the re- EC–4066. A communication from the Ad- tember 19, 2001; to the Committee on Com- port of a nomination for the position of Gen- ministrator of the General Service Adminis- merce, Science, and Transportation. eral Counsel, Office of the Secretary, re- tration, transmitting, the report of lease EC–4048. A communication from the Acting ceived on September 19, 2001; to the Com- prospectuses that support the Fiscal Year Director of the Office of Sustainable Fish- mittee on Commerce, Science, and Transpor- 2002 Capital Investment and Leasing Pro- eries, National Marine Fisheries Service, De- tation. gram; to the Committee on Environment and partment of Commerce, transmitting, pursu- EC–4057. A communication from the Prin- Public Works. ant to law, the report of a rule entitled ‘‘At- cipal Deputy Associate Administrator of the EC–4067. A communication from the Acting lantic Highly Migratory Species Fisheries; Environmental Protection Agency, transmit- Director of the Fish and Wildlife Service, De- Atlantic Bluefin Tuna Recreational Fishery; ting, pursuant to law, the report of a rule en- partment of the Interior, transmitting, pur- Retention Limit Adjustment’’ (I.D. 080201B) titled ‘‘Zoxamide 3 ,5-dichloro-N- (3-Chloro-1- suant to law, the report of a rule entitled received on September 19, 2001; to the Com- ethyl-1-methly-2-oxopropyl)- 4-Methylbenza- ‘‘Endangered and Threatened Wildlife and mittee on Commerce, Science, and Transpor- mide; Pesticide Tolerance’’ (FRL6803–7) re- Plants; Determination of Endangered Status tation. ceived on September 19, 2001; to the Com- for Astragalus holmgreniorum (Holmgren milk-vetch) and Astragalus ampullarioides EC–4049. A communication from the Acting mittee on Agriculture, Nutrition, and For- (Shivwits milk-vetch)’’ (RIN1018–AG02) re- Director of the Office of Sustainable Fish- estry. eries, National Marine Fisheries Service, De- EC–4058. A communication from the Prin- ceived on September 19, 2001; to the Com- mittee on Environment and Public Works. partment of Commerce, transmitting, pursu- cipal Deputy Associate Administrator of the EC–4068. A communication from the Prin- ant to law, the report of a rule entitled ‘‘At- Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the lantic Highly Migratory Species; Atlantic ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Tunas Reporting; Fishery Allocations and titled ‘‘Sulfosate; Pesticide Tolerances’’ ting, pursuant to law, the report of a rule en- Regulatory Adjustments’’ (RIN0648–AN97) re- (FRL6801–8) received on September 19, 2001; titled ‘‘Approval and Promulgation of Air ceived on September 19, 2001; to the Com- to the Committee on Agriculture, Nutrition, Quality Implementation Plans for Colorado mittee on Commerce, Science, and Transpor- and Forestry. and Montana: Transportation Conformity’’ tation. EC–4059. A communication from the Prin- (FRL7055–4) received on September 19, 2001; EC–4050. A communication from the Acting cipal Deputy Associate Administrator of the to the Committee on Environment and Pub- Director of the Office of Sustainable Fish- Environmental Protection Agency, transmit- lic Works. eries, National Marine Fisheries Service, De- ting, pursuant to law, the report of a rule en- EC–4069. A communication from the Prin- partment of Commerce, transmitting, pursu- titled ‘‘Spinosad; Pesticide Tolerance’’ cipal Deputy Associate Administrator of the ant to law, the report of a rule entitled (FRL6802–9) received on September 19, 2001; Environmental Protection Agency, transmit- ‘‘Fisheries Off West Coast States and in the to the Committee on Agriculture, Nutrition, ting, pursuant to law, the report of a rule en- Western Pacific; Pacific Coast Groundfish and Forestry. titled ‘‘Approval and Promulgation of Air Fishery; End of the Primary Season and Re- EC–4060. A communication from the Prin- Quality Implementation Plan; Texas; Revi- sumption of Trip Limits for the Shore-based cipal Deputy Associate Administrator of the sions to General Rules and Regulation for Fishery for Pacific Whiting’’ received on Environmental Protection Agency, transmit- Control of Air Pollution by Permits for New September 19, 2001; to the Committee on ting, pursuant to law, the report of a rule en- Sources and Modifications’’ (FRL7063–2) re- Commerce, Science, and Transportation. titled ‘‘Propamocrab Hydrochloride; Pes- ceived on September 19, 2001; to the Com- EC–4051. A communication from the Acting ticide Tolerances’’ (FRL6797–2) received on mittee on Environment and Public Works. Assistant Administrator for Fisheries, Na- September 19, 2001; to the Committee on Ag- EC–4070. A communication from the Prin- tional Marine Fisheries Service, Department riculture, Nutrition, and Forestry. cipal Deputy Associate Administrator of the of Commerce, transmitting, pursuant to law, EC–4061. A communication from the Prin- Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Fisheries Off cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- West Coast States and in the Western Pa- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- cific; Coastal Pelagic Species Fishery; ting, pursuant to law, the report of a rule en- mentation Plans; Indiana’’ (FRL7056–2) re- Amendment 9’’ (RIN0648–AO97) received on titled ‘‘Paraquat; Pesticide Tolerances’’ ceived on September 19, 2001; to the Com- September 19, 2001; to the Committee on (FRL6799–2) received on September 19, 2001; mittee on Environment and Public Works. Commerce, Science, and Transportation. to the Committee on Agriculture, Nutrition, EC–4071. A communication from the Prin- EC–4052. A communication from the Acting and Forestry. cipal Deputy Associate Administrator of the Director of the Office of Sustainable Fish- EC–4062. A communication from the Prin- Environmental Protection Agency, transmit- eries, National Marine Fisheries Service, De- cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- partment of Commerce, transmitting, pursu- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- mentation Plans; New York Ozone State Im- ‘‘Fisheries of the Exclusive Economic Zone titled ‘‘Azoxystrobin; Pesticide Tolerances’’ plementation Plan Revision’’ (FRL7057–5) re- Off Alaska—Closes Shallow—Water Species (FRL6803–1) received on September 19, 2001; ceived on September 19, 2001; to the Com- Fishery Using Trawl Gear, Gulf of Alaska’’ to the Committee on Agriculture, Nutrition, mittee on Environment and Public Works. EC–4072. A communication from the Prin- received on September 19, 2001; to the Com- and Forestry. cipal Deputy Associate Administrator of the mittee on Commerce, Science, and Transpor- EC–4063. A communication from the Acting Environmental Protection Agency, transmit- tation. Executive Director, Commodity Futures ting, pursuant to law, the report of a rule en- EC–4053. A communication from the Acting Trading Commission, transmitting, pursuant titled ‘‘Approval and Promulgation of State Director of the Office of Sustainable Fish- to law, the report of a rule entitled ‘‘17 CFR Plans for Designated Facilities and Pollut- eries, National Marine Fisheries Service, De- Parts 41 and 140—Designated Contract Mar- ants: California’’ (FRL7058–5) received on kets in Security Futures Products: Notice- partment of Commerce, transmitting, pursu- September 19, 2001; to the Committee on En- ant to law, the report of a rule entitled Designation Requirements, Continuing Obli- vironment and Public Works. ‘‘Fisheries of the Exclusive Economic Zone gations, Applications for Exemptive Orders, EC–4073. A communication from the Prin- Off Alaska; Closes Trawling in Steller Sea and Exempt Provisions’’ (RIN3038–AB82) re- cipal Deputy Associate Administrator of the Lion Protection Areas in the Central Aleu- ceived on September 19, 2001; to the Com- Environmental Protection Agency, transmit- tian District of the Bering Sea and Aleutian mittee on Agriculture, Nutrition, and For- ting, pursuant to law, the report of a rule en- Islands Management Area’’ received on Sep- estry. titled ‘‘Approval and Promulgation of State tember 19, 2001; to the Committee on Com- EC–4064. A communication from the Acting Plans for Designated Facilities and Pollut- merce, Science, and Transportation. Executive Director, Commodity Futures ants: South Carolina’’ (FRL7062–1) received EC–4054. A communication from the Attor- Trading Commission, transmitting, pursuant on September 19, 2001; to the Committee on ney/Advisor, Department of Transportation, to law, the report of a rule entitled ‘‘17 CFR Environment and Public Works. transmitting, pursuant to law, the report of 41 (CFTC)—Method for Determining Market EC–4074. A communication from the Prin- a nomination for the position of Adminis- Capitalization and Dollar Value of Average cipal Deputy Associate Administrator of the trator, Research and Special Programs Ad- Daily Trading Volume; Application of the Environmental Protection Agency, transmit- ministration, received on September 19, 2001; Definition of Narrow-Based Security Index; ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, Joint Final Rule’’ (RIN3235–AI13) received on titled ‘‘Clean Air Act Final Approval of Op- and Transportation. September 19, 2001 ; to the Committee on Ag- erating Permits Program; State of New EC–4055. A communication from the Attor- riculture, Nutrition, and Forestry. Hampshire’’ (FRL7064–1) received on Sep- ney/Advisor of the Department of Transpor- EC–4065. A communication from the Acting tember 19, 2001; to the Committee on Envi- tation, transmitting, pursuant to law, the re- Executive Director of the Commodity Fu- ronment and Public Works. port of a nomination for the position of Ad- tures Trading Commission, transmitting, EC–4075. A communication from the Prin- ministrator, Federal Motor Carrier Safety pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator of the Administration, received on September 19, ‘‘17 CFR Part 39—A New Regulatory Frame- Environmental Protection Agency, transmit- 2001; to the Committee on Commerce, work for Clearing Organizations’’ (RIN3038– ting, pursuant to law, the report of a rule en- Science, and Transportation. AB66) received on September 19, 2001; to the titled ‘‘Clean Air Act Finding of Attainment;

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9620 CONGRESSIONAL RECORD — SENATE September 21, 2001 Spokane, Washington Particulate Matter AA98)(2001–0001)) received on September 21, AE47)(2001–0098)) received on September 21, (PM–10) Nonattainment Area’’ (FRL7064–3) 2001; to the Committee on Commerce, 2001; to the Committee on Commerce, received on September 19, 2001; to the Com- Science, and Transportation. Science, and Transportation. mittee on Environment and Public Works. EC–4085. A communication from the Chief EC–4094. A communication from the Chief EC–4076. A communication from the Prin- of the Regulations and Administrative Law, of the Regulations and Administrative Law, cipal Deputy Associate Administrator of the United States Coast Guard, Department of United States Coast Guard, Department of Environmental Protection Agency, transmit- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Draw- law, the report of a rule entitled ‘‘Draw- titled ‘‘Findings of Significant Contribution bridge Regulations: Long Island, New York bridge Regulations; Mullica River’’ and Rulemaking on Section 126 Petitions for Inland Waterway from East Rockaway Inlet ((RIN2115–AE47)(2001–0096)) received on Sep- Purposes of Reducing Interstate Ozone to Shinnecock Canal, NY’’ ((RIN2115– tember 21, 2001; to the Committee on Com- Transport—Federal NOX Budget Trading AE47)(2001–0095)) received on September 21, merce, Science, and Transportation. Program, Rule Revisions’’ (FRL7058–2) re- 2001; to the Committee on Commerce, f ceived on September 19, 2001; to the Com- Science, and Transportation. mittee on Environment and Public Works. EC–4086. A communication from the Chief REPORTS OF COMMITTEES EC–4077. A communication from the Chief of the Regulations and Administrative Law, The following reports of committees of the Regulations Unit, Internal Revenue United States Coast Guard, Department of Service, Department of the Treasury, trans- Transportation, transmitting, pursuant to were submitted: mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Draw- By Mr. INOUYE, from the Committee on entitled ‘‘Applicable Federal Rates—October bridge Regulations; Bayou Lafourche, LA’’ Indian Affairs, with an amendment: 2001’’ (Rev. Rul. 2001–49) received on Sep- ((RIN2115–AE47)(2001–0097)) received on Sep- S. 746: A bill to express the policy of the tember 20, 2001; to the Committee on Fi- tember 21, 2001; to the Committee on Com- United States regarding the United States nance. merce, Science, and Transportation. relationship with Native Hawaiians and to EC–4078. A communication from the Dep- EC–4087. A communication from the Chief provide a process for the recognition by the uty Secretary, Division of Corporation Fi- of the Regulations and Administrative Law, United States of the Native Hawaiian gov- nance, Securities and Exchange Commission, United States Coast Guard, Department of erning entity, and for other purposes. (Rept. transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to No. 107–66). a rule entitled ‘‘Calculation of Average law, the report of a rule entitled ‘‘Draw- f Weekly Trading Volume under Rule 144 and bridge Regulations; Old River, California’’ Termination of 10b5–1 Trading Plan’’ re- ((RIN2115–AE47)(2001–0092)) received on Sep- INTRODUCTION OF BILLS AND ceived on September 20, 2001; to the Com- tember 21, 2001; to the Committee on Com- JOINT RESOLUTIONS mittee on Banking, Housing, and Urban Af- merce, Science, and Transportation. The following bills and joint resolu- fairs. EC–4088. A communication from the Chief tions were introduced, read the first EC–4079. A communication from the Acting of the Regulations and Administrative Law, Director of the Fish and Wildlife Service, United States Coast Guard, Department of and second times by unanimous con- Endangered Species, transmitting, pursuant Transportation, transmitting, pursuant to sent, and referred as indicated: to law, the report of a rule entitled ‘‘Endan- law, the report of a rule entitled ‘‘Safety/Se- By Mr. MCCONNELL: gered and Threatened Wildlife and Plants; curity Zone Regulations; Charleston, South S. 1444. A bill to establish a Federal air Final Rule to List Silene spaldingii Carolina’’ ((RIN2115–AA97)(2001–0104)) re- marshals program under the Attorney Gen- (Spalding’s Catchfly) as Threatened’’ ceived on September 21, 2001; to the Com- eral; to the Committee on Commerce, (RIN1018–AF79) received on September 20, mittee on Commerce, Science, and Transpor- Science, and Transportation. 2001; to the Committee on Environment and tation. By Mr. ENZI (for himself, Mr. DORGAN, Public Works. EC–4089. A communication from the Chief Mr. FRIST, and Mr. HUTCHINSON): EC–4080. A communication from the Chief of the Regulations and Administrative Law, S. 1445. A bill to amend the Higher Edu- of the Regulations and Administrative Law, United States Coast Guard, Department of cation Act of 1965 to expand the opportuni- United States Coast Guard, Department of Transportation, transmitting, pursuant to ties for higher education via telecommuni- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Regatta cations; to the Committee on Health, Edu- law, the report of a rule entitled ‘‘Draw- Regulations; Sunset Lake, Wildwood Crest, cation, Labor, and Pensions. bridge Regulations; Annisqualm River, MA’’ New Jersey’’ ((RIN2115–AE46)(2001–0032)) re- By Mr. ALLEN: ((RIN2115–AE47)(2001–0094)) received on Sep- ceived on September 21, 2001; to the Com- S. 1446. A bill to amend the Internal Rev- tember 21, 2001; to the Committee on Com- mittee on Commerce, Science, and Transpor- enue Code of 1986 to exclude from gross in- merce, Science, and Transportation. tation. come certain terrorist attack zone com- EC–4081. A communication from the Chief EC–4090. A communication from the Chief pensation of civilian uniformed personnel; to of the Regulations and Administrative Law, of the Regulations and Administrative Law, the Committee on Finance. United States Coast Guard, Department of United States Coast Guard, Department of By Mr. HOLLINGS (for himself, Mr. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to MCCAIN, Mr. KERRY, Mr. ROCKE- law, the report of a rule entitled ‘‘Draw- law, the report of a rule entitled ‘‘Regatta FELLER, Mrs. HUTCHISON, Mr. BREAUX, bridge Regulations; Bayou Lafourche, LA’’ Regulations: Atlantic Ocean, Atlantic City, Mr. BURNS, Mr. REID, Mr. CLELAND, ((RIN2115–AE47)(2001–0099)) received on Sep- New Jersey’’ ((RIN2115–AE46)(2001–0033)) re- Mr. SMITH of Oregon, Mr. EDWARDS, tember 21, 2001; to the Committee on Com- ceived on September 21, 2001; to the Com- Mr. NELSON of Florida, Mrs. CARNA- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- HAN, Mr. WELLSTONE, Mr. WYDEN, EC–4082. A communication from the Chief tation. Mrs. BOXER, Mrs. CLINTON, Ms. MI- of the Regulations and Administrative Law, EC–4091. A communication from the Chief KULSKI, Mr. DASCHLE, Mr. DORGAN, United States Coast Guard, Department of of the Regulations and Administrative Law, Mr. INOUYE, and Mr. HARKIN): Transportation, transmitting, pursuant to United States Coast Guard, Department of S. 1447. A bill to improve aviation security, law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to and for other purposes; read the first time. curity Zone Regulations; Selfridge Air Na- law, the report of a rule entitled ‘‘Draw- By Mr. GRAHAM (for himself, Mrs. tional Guard Base, Michigan’’ ((RIN2115– bridge Regulations; Shaw Cove, CT’’ FEINSTEIN, Mr. BAYH, Mr. NELSON of AA97)(2001–0103)) received on September 21, ((RIN2115–AE47)(2001–0093)) received on Sep- Florida, and Mr. ROCKEFELLER): 2001; to the Committee on Commerce, tember 21, 2001; to the Committee on Com- S. 1448. A bill to enhance intelligence and Science, and Transportation. merce, Science, and Transportation. intelligence-related activities of the United EC–4083. A communication from the Chief EC–4092. A communication from the Chief States Government in the prevention of ter- of the Regulations and Administrative Law, of the Regulations and Administrative Law, rorism, and for other purposes; to the Select United States Coast Guard, Department of United States Coast Guard, Department of Committee on Intelligence. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to By Mr. GRAHAM (for himself, Mrs. law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Draw- FEINSTEIN, Mr. BAYH, Ms. MIKULSKI, curity Zone Regulations; Chelsea River bridge Regulations; Napa River, California’’ Mr. DURBIN, Mr. NELSON of Florida, Blasting, Boston, Massachusetts’’ ((RIN2115– ((RIN2115–AE47)(2001–0091)) received on Sep- and Mr. ROCKEFELLER): AA97)(2001–0101)) received on September 21, tember 21, 2001; to the Committee on Com- S. 1449. A bill to establish the National Of- 2001; to the Committee on Commerce, merce, Science, and Transportation. fice for Combatting Terrorism; to the Com- Science, and Transportation. EC–4093. A communication from the Chief mittee on Governmental Affairs. EC–4084. A communication from the Chief of the Regulations and Administrative Law, By Mr. DASCHLE (for himself and Mr. of the Regulations and Administrative Law, United States Coast Guard, Department of LOTT): United States Coast Guard, Department of Transportation, transmitting, pursuant to S. 1450. A bill to preserve the continued vi- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Draw- ability of the United States air transpor- law, the report of a rule entitled ‘‘Special bridge Regulations: Highbridge Road Draw- tation system; considered and passed. Anchorage Areas/Anchorage Grounds Regu- bridge, Atlantic Intracoastal Waterway, By Mr. REID (for himself and Mr. EN- lations: San Francisco Bay, CA’’ ((RIN2115– Volusia County, Florida’’ ((RIN2115– SIGN):

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9621 S. 1451. A bill to provide for the convey- By Ms. LANDRIEU (for herself, Ms. enue Code of 1986 to allow a credit ance of certain public land in Clark County, COLLINS, and Ms. STABENOW): against income tax for expenses in- Nevada, for use as a shooting range; to the S. Con. Res. 72. A concurrent resolution ex- curred in teleworking. Committee on Energy and Natural Re- pressing the sense of Congress that a com- sources. memorative postage stamp should be issued S. 554 By Mr. KENNEDY (for himself, Mr. honoring Martha Matilda Harper, and that At the request of Mrs. MURRAY, the BROWNBACK, Mr. GRASSLEY, Mr. the Citizens’ Stamp Advisory Committee name of the Senator from Arkansas LEAHY, and Ms. CANTWELL): should recommend to the Postmaster Gen- (Mrs. LINCOLN) was added as a cospon- S. 1452. A bill to provide for electronic ac- eral that such a stamp be issued; to the Com- sor of S. 554, a bill to amend title XVIII cess by the Department of State and Immi- mittee on Governmental Affairs. of the Social Security Act to expand gration and Naturalization Service to cer- By Mr. NICKLES (for himself, Mr. medicare coverage of certain self-in- tain information in the criminal history INHOFE, Mr. SCHUMER, Mrs. CLINTON, jected biologicals. records of the Federal Bureau of Investiga- Mr. ALLEN, Mr. MCCONNELL, Mr. tion to determine whether or not a visa ap- CRAPO, Mr. LUGAR, Mr. WARNER, Mr. S. 627 plicant or applicant for admission has a ROBERTS, Mr. MCCAIN, Mr. LEVIN, Mr. At the request of Mr. GRAHAM, the criminal record; to the Committee on the Ju- BIDEN, Mr. BAYH, Mr. JOHNSON, Mr. name of the Senator from Georgia (Mr. diciary. SARBANES, Mr. FITZGERALD, Mr. MILLER) was added as a cosponsor of S. By Mr. SMITH of New Hampshire: CLELAND, Ms. CANTWELL, Mr. NELSON 627, a bill to amend the Internal Rev- S. 1453. A bill to amend the Robert T. Staf- of Florida, Mr. KOHL, Mr. KERRY, Mr. enue Code of 1986 to allow individuals a ford Disaster Relief and Emergency Assist- FEINGOLD, Mr. BREAUX, Mr. LIEBER- ance Act to provide for improved Federal ef- MAN, Ms. COLLINS, and Mr. HUTCH- deduction for qualified long-term care forts to prepare for, and respond to, terrorist INSON): insurance premiums, use of such insur- attacks, and for other purposes; to the Com- S. Con. Res. 73. A concurrent resolution ex- ance under cafeteria plans and flexible mittee on Environment and Public Works. pressing the profound sorrow of Congress for spending arrangements, and a credit By Mrs. CARNAHAN (for herself, Mr. the deaths and injuries suffered by first re- for individuals with long-term care DASCHLE, Mr. KENNEDY, Mrs. MUR- sponders as they endeavored to save inno- needs. RAY, Ms. CANTWELL, Mr. ALLEN, Mr. cent people in the aftermath of the terrorist S. 677 WELLSTONE, Mr. DURBIN, Mr. ROCKE- attacks on the World Trade Center and the FELLER, Mr. CLELAND, and Mr. DAY- Pentagon on September 11, 2001; to the Com- At the request of Mr. HATCH, the TON): mittee on the Judiciary. name of the Senator from Utah (Mr. S. 1454. A bill to provide assistance for em- f BENNETT) was added as a cosponsor of ployees who are separated from employment S. 677, a bill to amend the Internal as a result of reductions in service by air ADDITIONAL COSPONSORS Revenue Code of 1986 to repeal the re- carriers, and closures of airports, caused by S. 181 terrorist actions or security measures; to the quired use of certain principal repay- Committee on Finance. At the request of Mr. SHELBY, the ments on mortgage subsidy bond fi- By Ms. SNOWE (for herself and Mr. name of the Senator from Virginia (Mr. nancing to redeem bonds, to modify the STEVENS): ALLEN) was added as a cosponsor of S. purchase price limitation under mort- S. 1455. A bill to amend title 49, United 181, a bill to amend the Internal Rev- gage subsidy bond rules based on me- States Code, to regulate the training of enue Code of 1986 to phase out the tax- dian family income, and for other pur- aliens to operate jet-propelled aircraft, and ation of social security benefits. poses. for other purposes; to the Committee on Commerce, Science, and Transportation. S. 237 S. 697 f At the request of Mr. HUTCHINSON, At the request of Mr. HATCH, the the name of the Senator from Virginia name of the Senator from Illinois (Mr. SUBMISSION OF CONCURRENT AND (Mr. ALLEN) was added as a cosponsor FITZGERALD) was added as a cosponsor SENATE RESOLUTIONS of S. 237, a bill to amend the Internal of S. 697, a bill to modernize the financ- The following concurrent resolutions Revenue Code of 1986 to repeal the 1993 ing of the railroad retirement system and Senate resolutions were read, and income tax increase on Social Security and to provide enhanced benefits to referred (or acted upon), as indicated: benefits. employees and beneficiaries. By Mr. DODD (for himself and Mr. S. 258 S. 753 MCCONNELL): At the request of Mrs. LINCOLN, the At the request of Mr. BREAUX, the S. Res. 162. A resolution providing for name of the Senator from California names of the Senator from Nebraska members on the part of the Senate of the Joint Committee on Printing and the Joint (Mrs. FEINSTEIN) was added as a co- (Mr. HAGEL), the Senator from Min- Committee of Congress on the Library; con- sponsor of S. 258, a bill to amend title nesota (Mr. WELLSTONE), the Senator sidered and agreed to. XVIII of the Social Security Act to from Colorado (Mr. CAMPBELL), and the By Ms. LANDRIEU (for herself, Mrs. provide for coverage under the medi- Senator from Florida (Mr. NELSON) MURRAY, Ms. COLLINS, Ms. SNOWE, care program of annual screening pap were added as cosponsors of S. 753, a Mrs. CARNAHAN, Mrs. HUTCHISON, Ms. smear and screening pelvic exams. bill to amend the Harmonized Tariff CANTWELL, Mrs. FEINSTEIN, Ms. STA- S. 351 Schedule of the United States to pre- BENOW, Ms. MIKULSKI, Mrs. LINCOLN, vent circumvention of the sugar tariff- Mrs. BOXER, Mr. HATCH, and Mrs. At the request of Ms. COLLINS, the rate quotas. CLINTON): name of the Senator from Oregon (Mr. S. Res. 163. A resolution designating the WYDEN) was added as a cosponsor of S. S. 790 week of September 23, 2001, through Sep- 351, a bill to amend the Solid Waste At the request of Mr. BROWNBACK, the tember 29, 2001, as ‘‘National Ovarian Cancer Disposal Act to reduce the quantity of name of the Senator from Kentucky Awareness Week’’; to the Committee on the mercury in the environment by lim- (Mr. BUNNING) was added as a cosponsor Judiciary. iting use of mercury fever thermom- of S. 790, a bill to amend title 18, By Mr. WARNER (for himself and Mr. eters and improving collection, recy- United States Code, to prohibit human HAGEL): S. Con. Res. 69. A concurrent resolution ex- cling, and disposal of mercury, and for cloning. pressing support for tuberous sclerosis other purposes. S. 836 awareness; to the Committee on Health, S. 459 At the request of Mr. CRAIG, the Education, Labor, and Pensions. At the request of Mr. BUNNING, the name of the Senator from Arizona (Mr. By Mr. WARNER (for himself and Mr. name of the Senator from Nebraska KYL) was added as a cosponsor of S. 836, ALLEN): S. Con. Res. 70. A concurrent resolution ex- (Mr. HAGEL) was added as a cosponsor a bill to amend part C of title XI of the pressing the sense of the Congress in support of S. 459, a bill to amend the Internal Social Security Act to provide for co- of the ‘‘National Wash America Campaign’’; Revenue Code of 1986 to reduce the tax ordination of implementation of ad- to the Committee on the Judiciary. on vaccines to 25 cents per dose. ministrative simplification standards By Ms. LANDRIEU: S. 521 for health care information. S. Con. Res. 71. A concurrent resolution S. 905 designating the week of October 7 through At the request of Mr. SANTORUM, the October 13, 2001, as ‘‘National Mental Health name of the Senator from Virginia (Mr. At the request of Mr. HARKIN, the Awareness Week’’; to the Committee on the ALLEN) was added as a cosponsor of S. names of the Senator from Maryland Judiciary. 521, a bill to amend the Internal Rev- (Ms. MIKULSKI) and the Senator from

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9622 CONGRESSIONAL RECORD — SENATE September 21, 2001 North Dakota (Mr. CONRAD) were added (Mr. CORZINE) was added as a cosponsor math of the terrorist attack on the as cosponsors of S. 905, a bill to provide of S. 1258, a bill to improve academic United States on September 11, 2001. incentives for school construction, and and social outcomes for teenage youth. S.J. RES. 18 for other purposes. S. 1286 At the request of Mr. SARBANES, the S. 950 At the request of Mrs. CARNAHAN, the names of the Senator from Massachu- At the request of Mr. SMITH of New name of the Senator from Georgia (Mr. setts (Mr. KENNEDY), the Senator from Hampshire, the name of the Senator MILLER) was added as a cosponsor of S. Massachusetts (Mr. KERRY), the Sen- from Rhode Island (Mr. CHAFEE) was 1286, a bill to provide for greater access ator from Michigan (Mr. LEVIN), the added as a cosponsor of S. 950, a bill to to child care services for Federal em- Senator from Connecticut (Mr. LIEBER- amend the Clean Air Act to address ployees. MAN), the Senator from West Virginia problems concerning methyl tertiary S. 1329 (Mr. ROCKEFELLER), and the Senator from New Jersey (Mr. CORZINE) were butyl ether, and for other purposes. At the request of Mr. JEFFORDS, the added as cosponsors of S.J. Res. 18, a S. 992 name of the Senator from Kentucky joint resolution memorializing fallen At the request of Mr. NICKLES, the (Mr. BUNNING) was added as a cosponsor firefighters by lowering the United name of the Senator from Utah (Mr. of S. 1329, a bill to amend the Internal States flag to half-staff on the day of BENNETT) was added as a cosponsor of Revenue Code of 1986 to provide a tax the National Fallen Firefighters Me- S. 992, a bill to amend the Internal incentive for land sales for conserva- morial Service in Emmitsburg, Mary- Revenue Code of 1986 to repeal the pro- tion purposes. land. vision taxing policy holder dividends of S. 1409 mutual life insurance companies and to S. RES. 160 At the request of Mr. MCCONNELL, At the request of Mr. HATCH, the repeal the policyholders surplus ac- the name of the Senator from Georgia names of the Senator from Ohio (Mr. count provisions. (Mr. MILLER) was added as a cosponsor DEWINE), the Senator from Colorado S. 1136 of S. 1409, a bill to impose sanctions (Mr. CAMPBELL), the Senator from New At the request of Mr. SARBANES, the against the PLO or the Palestinian Au- York (Mrs. CLINTON), the Senator from name of the Senator from South Da- thority if the President determines Nebraska (Mr. NELSON), the Senator kota (Mr. JOHNSON) was added as a co- that those entities have failed to sub- from Vermont (Mr. LEAHY), the Sen- sponsor of S. 1136, a bill to provide for stantially comply with commitments ator from North Dakota (Mr. CONRAD), mass transportation in certain Feder- made to the State of Israel. the Senator from Tennessee (Mr. ally owned or managed areas that are S. 1429 FRIST), the Senator from West Virginia open to the general public. At the request of Mr. EDWARDS, the (Mr. ROCKEFELLER), the Senator from S. 1209 name of the Senator from Nebraska Vermont (Mr. JEFFORDS), the Senator At the request of Mr. BINGAMAN, the (Mr. NELSON) was added as a cosponsor from Montana (Mr. BAUCUS), the Sen- name of the Senator from Nebraska of S. 1429, a bill to provide for the im- ator from Alabama (Mr. SESSIONS), the (Mr. NELSON) was added as a cosponsor provement of security at airports and Senator from North Carolina (Mr. of S. 1209, a bill to amend the Trade seaports. HELMS), the Senator from New Mexico Act of 1974 to consolidate and improve S. 1430 (Mr. BINGAMAN), the Senator from Ken- the trade adjustment assistance pro- At the request of Mr. JOHNSON, the tucky (Mr. BUNNING), the Senator from grams, to provide community-based names of the Senator from New Jersey Georgia (Mr. MILLER), the Senator economic development assistance for (Mr. CORZINE) and the Senator from from Alaska (Mr. MURKOWSKI), the Sen- trade-affected communities, and for Missouri (Mrs. CARNAHAN) were added ator from Oklahoma (Mr. NICKLES), the other purposes. as cosponsors of S. 1430, a bill to au- Senator from Mississippi (Mr. COCH- S. 1214 thorize the issuance of Unity Bonds in RAN), the Senator from New Mexico At the request of Mr. HOLLINGS, the response to the acts of terrorism per- (Mr. DOMENICI), the Senator from Vir- name of the Senator from Illinois (Mr. petrated against the United States on ginia (Mr. ALLEN), the Senator from DURBIN) was added as a cosponsor of S. September 11, 2001, and for other pur- Oregon (Mr. WYDEN), the Senator from 1214, a bill to amend the Merchant Ma- poses. Oregon (Mr. SMITH), the Senator from California (Mrs. FEINSTEIN), the Sen- rine Act, 1936, to establish a program S. 1432 ator from South Dakota (Mr. to ensure greater security for United At the request of Mr. SMITH of Or- DASCHLE), the Senator from Illinois States seaports, and for other purposes. egon, the names of the Senator from (Mr. FITZGERALD), the Senator from S. 1226 Idaho (Mr. CRAIG) and the Senator from Maine (Ms. SNOWE), the Senator from At the request of Mr. CAMPBELL, the Alaska (Mr. MURKOWSKI) were added as Maine (Ms. COLLINS), the Senator from name of the Senator from Maine (Ms. cosponsors of S. 1432, a bill to authorize Minnesota (Mr. WELLSTONE), the Sen- COLLINS) was added as a cosponsor of S. the issuance of United States Defense ator from Massachusetts (Mr. KERRY), 1226, a bill to require the display of the of Freedom Bonds to aid in funding of the Senator from Washington (Ms. POW/MIA flag at the World War II me- the war against terrorism, and for CANTWELL), the Senator from Michigan morial, the Korean War Veterans Me- other purposes. (Ms. STABENOW), the Senator from Mas- morial, and the Vietnam Veterans Me- S. 1433 sachusetts (Mr. KENNEDY), the Senator morial. At the request of Mr. ALLEN, the from Arkansas (Mrs. LINCOLN), the Sen- S. 1250 name of the Senator from Arkansas ator from Pennsylvania (Mr. SPECTER), At the request of Mrs. CARNAHAN, the (Mr. HUTCHINSON) was added as a co- the Senator from Delaware (Mr. name of the Senator from Arkansas sponsor of S. 1433, a bill to amend the BIDEN), the Senator from Kansas (Mr. (Mrs. LINCOLN) was added as a cospon- Internal Revenue Code of 1986 to pro- BROWNBACK), the Senator from Kansas sor of S. 1250, a bill to amend title 10, vide tax relief for victims of the ter- (Mr. ROBERTS), the Senator from Colo- United States Code, to improve transi- rorist attacks against the United rado (Mr. ALLARD), the Senator from tional medical and dental care for States on September 11, 2001. Indiana (Mr. BAYH), the Senator from members of the Armed Forces released S. 1434 West Virginia (Mr. BYRD), the Senator from active duty to which called or or- At the request of Mr. SPECTER, the from Florida (Mr. NELSON), the Senator dered, or for which retained, in support names of the Senator from New Mexico from New York (Mr. SCHUMER), the of a contingency operation. (Mr. DOMENICI), the Senator from Mas- Senator from South Carolina (Mr. HOL- At the request of Mrs. CARNAHAN, the sachusetts (Mr. KERRY), and the Sen- LINGS), the Senator from Pennsylvania name of the Senator from Oklahoma ator from Iowa (Mr. GRASSLEY) were (Mr. SANTORUM), the Senator from (Mr. INHOFE) was withdrawn as a co- added as cosponsors of S. 1434, a bill to Texas (Mrs. HUTCHISON), the Senator sponsor of S. 1250, supra. authorize the President to award post- from New Jersey (Mr. CORZINE), the S. 1258 humously the Congressional Gold Senator from Tennessee (Mr. THOMP- At the request of Mr. DORGAN, the Medal to the passengers and crew of SON), the Senator from Indiana (Mr. name of the Senator from New Jersey United Airlines flight 93 in the after- LUGAR), the Senator from Ohio (Mr.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9623 VOINOVICH), the Senator from Ken- our skies, and, even after the tragic of airport security from the FAA and tucky (Mr. MCCONNELL), the Senator events of September 11, we continue to the airlines, whose primary purpose is from Mississippi (Mr. LOTT), the Sen- hear anecdotes of lax security at our to facilitate and manage air travel, and ator from Hawaii (Mr. AKAKA), the Sen- Nation’s airports. Almost overnight, entrust that obligation to the Depart- ator from California (Mrs. BOXER), the air travel, a way of life for millions of ment of Justice, whose primary mis- Senator from Illinois (Mr. DURBIN), the Americans every day, is now limping sion is to enforce Federal law, and Senator from Louisiana (Mr. BREAUX), along. Families who gather to cele- most important, to safeguard and pro- the Senator from Minnesota (Mr. DAY- brate holidays, businesspeople who de- tect us from terrorism. TON), the Senator from Wyoming (Mr. pend upon air transport, and Ameri- Obviously this new Federal Air Mar- ENZI), the Senator from Wyoming (Mr. cans who simply prefer the speed of air- shals program will require additional THOMAS), and the Senator from New planes, now all must deal with the manpower and financial resources. And Hampshire (Mr. SMITH) were added as awful reality of terrorism. The hard that is where we intend to harness the cosponsors of S. Res. 160, a resolution economic truth of September 11 is that spirit espoused by so many of our law designating the month of October 2001, it scared so many passengers from air- enforcement personnel throughout the as ‘‘Family History Month.’’ lines that it threatens to destroy our country. The new Federal Air Marshals S. RES. 161 multi-billion dollar aviation industry. program not only will recruit new full- But a second, more inspiring, voice time active professional marshals but At the request of Mrs. MURRAY, the emerged from Americans after the acts name of the Senator from Nevada (Mr. will augment that program with Dep- of September 11, a visceral, instinctive uty Federal Air Marshals drawn from REID) was added as a cosponsor of S. urge to serve their country in some Res. 161, a resolution designating Octo- retired military personnel, as well as way after the attack on American soil. ber 17, 2001, as a ‘‘Day of National Con- from active or retired Federal, State, Minutes after Tuesday’s tragedy, we cern About Young People and Gun Vio- and local law enforcement officers, saw real-life armies of compassion lence.’’ anyone from a DEA agent to a local come to the aid of those whose lives law enforcement officer who wants to S. CON. RES. 66 were destroyed. We saw police and fire serve his country by securing our air- At the request of Mr. STEVENS, the rescue units risk their lives to save ports and aircraft. It is also crucial names of the Senator from Idaho (Mr. their fellow citizens. We saw American that we retain a sufficient measure of CRAPO), the Senator from Wyoming families generously pour nearly $200 cost-sharing with private and State (Mr. THOMAS), the Senator from South million of relief money to charitable and local entities. Private airlines and Carolina (Mr. HOLLINGS), the Senator organizations such as the Red Cross, airport authorities should share a re- from West Virginia (Mr. ROCKEFELLER), the United Way, and the Salvation sponsibility, as they do now, to help and the Senator from Maryland (Ms. Army. And in memorial services and fund a portion of airport security. MIKULSKI) were added as cosponsors of vigils all over the country, we saw The Attorney General will, of course, S. Con. Res. 66, a concurrent resolution Americans rallying together to pause, determine how to deploy the Deputy to express the sense of the Congress to pray, and to pledge that the Amer- Air Marshals most effectively, and will that the Public Safety Officer Medal of ican spirit will not be broken. Still ensure that they are properly trained Valor should be awarded to public safe- today, in a remarkable show of patriot- to perform the task required of them, ty officers killed in the line of duty in ism, there is a chorus, especially those be it thwarting hijackers on board an the aftermath of the terrorist attacks in law enforcement, asking ‘‘what can I aircraft or searching suspicious pack- of September 11, 2001. do?’’ to protect and defend our fellow ages in the terminal. What is certain, AMENDMENT NO. 1583 countrymen from future terrorist trag- however, is that tapping this reservoir At the request of Mrs. CLINTON, the edies. of knowledgeable and experienced law names of the Senator from Nebraska What we need to do is harness this enforcement officers to serve this vital (Mr. NELSON), the Senator from North spirit in order to make our airlines safe national security function will allow us Dakota (Mr. CONRAD), the Senator from again for American families. So, today, to put more Marshals both in the air New Jersey (Mr. CORZINE), the Senator I am introducing legislation that au- and on the ground. Our goal should be from New Mexico (Mr. DOMENICI), the thorizes the Attorney General, as our to secure as many airports and as Senator from Illinois (Mr. DURBIN), and Nation’s top law enforcement official, many aircraft as possible using the the Senator from Nevada (Mr. ENSIGN) to establish a comprehensive Federal most experienced and professional staff were added as cosponsors of amend- Air Marshal program to secure airports available. ment No. 1583 proposed to H.R. 2590, a from curbside to cockpit. And to cap- We already have models in place for bill making appropriations for the italize on the desire of so many Ameri- the type of curbside to cockpit security Treasury Department, the United cans to serve our country in the fight envisioned in this bill. Our Federal States Postal Service, the Executive against terrorism, the legislation spe- courthouses currently are secured by Office of the President, and certain cifically authorizes the Attorney Gen- our United States Marshals, who also Independent Agencies, for the fiscal eral to use active and retired Federal, employ Court Security Officers, CSOs, year ending September 30, 2002, and for State, and local law enforcement offi- to provide security around the perim- other purposes. cials to serve in the Air Marshal pro- eter of the building, at each point of f gram. entry, and in the courtrooms them- America needs a uniform Federal Air selves. These CSOs are themselves re- STATEMENTS ON INTRODUCED Marshal program to combat potential tired Federal, State, and local law en- BILLS AND JOINT RESOLUTIONS terrorism from the minute passengers forcement personnel. Part of the rea- By Mr. MCCONNELL. arrive at an airport until the time they son our courthouses enjoy such secu- S. 1444. A bill to establish a Federal arrive safely at their intended destina- rity today is that this unified system air marshals program under the Attor- tions. This requires a professional law provides for layers of security far be- ney General; to the Committee on enforcement team to police airport fore one enters the actual courtroom. Commerce, Science, and Transpor- points of entry, operate x-ray ma- Our democracy now demands, in the in- tation. chines, and serve as undercover air se- terest of our national security, that we Mr. MCCONNELL. Madam President, curity marshals on board commercial make sure our cockpits are every bit as two unmistakable American voices aircraft. While we have an existing secure as our courthouses. have emerged from the aftermath of FAA Federal Air Marshal program on In times and events such as these, September 11. board aircraft, we need to expand Fed- the Federal Government is not only One voice expressed a newfound hesi- eral aviation security to put Federal the best answer, but the only answer. tancy to fly. Passengers have canceled marshals on more flights and to stop The challenge we face in securing our scheduled flights en masse and I, for terrorism on the ground before it can airports and airlines is not a matter of one, can hardly blame them. Just this board an aircraft. For a comprehensive free market economics, it is a matter week we heard chilling reports that Air Marshal program to be most effec- of national security, as the tragic more acts of terror may be planned in tive, we need to relieve the obligations events of September 11 made so

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9624 CONGRESSIONAL RECORD — SENATE September 21, 2001 horrifyingly clear. That is why it is im- ‘‘(II) by paying a reasonable per diem; SEC. 3. REPEAL. perative that we entrust this national ‘‘(III) by employing a fee-for-service or Section 44903 of title 49, United States security item with the resources, ex- contract arrangement; or Code, is repealed. pertise, and experience of our Nation’s ‘‘(IV) using any other method authorized SEC. 4. EFFECTIVE DATE. by law. This Act and the amendments made by top law enforcement agency, and that ‘‘(4) CONSULTATION.—In establishing the this Act shall take effect 90 days after the we do so immediately. program, the Attorney General shall consult date of enactment of this Act. I ask unanimous consent that the with appropriate officials of— text of the bill be printed in the ‘‘(A) the United States Government (in- By Mr. ENZI (for himself, Mr. RECORD. cluding the Administrator of the Federal DORGAN, Mr. FRIST, and Mr. There being no objection, the bill was Aviation Administration or his designated HUTCHINSON): ordered to be printed in the RECORD, as representative); and S. 1445: A bill to amend the Higher follows: ‘‘(B) State and local governments in any Education Act of 1965 to expand the op- geographic area in which the program may S. 1444 portunities of higher education via operate. Be it enacted by the Senate and House of Rep- telecommunications; to the Committee ‘‘(5) CERTIFICATION, TRAINING AND EXAMINA- on Health, Education, Labor, and Pen- resentatives of the United States of America in TION OF AIR MARSHALS; PRIOR APPROVAL OF sions. Congress assembled, EMPLOYER TO SERVE AS DEPUTY AIR MAR- SECTION 1. SHORT TITLE. SHAL.— Mr. ENZI. Mr. President, I am This Act may be cited as the ‘‘Federal Air ‘‘(A) IN GENERAL.—Under the program, the pleased to have this opportunity to in- Marshals and Safe Sky Act of 2001’’. Attorney General shall provide appropriate troduce the Internet Equity and Edu- SEC. 2. PROGRAM ESTABLISHED. training and supervision of all air marshals, cation Act of 2001 in the Senate. This (a) IN GENERAL.—Chapter 37 of title 28, as well as appropriate background and fit- important legislation, which is based United States Code, is amended by adding at ness examination of eligible candidates as on the findings of the bipartisan Web- the end the following: part of their certification. Based Education Commission on which ‘‘§ 570. Federal air marshals program ‘‘(B) EMPLOYER APPROVAL.—Active Federal, I served, will accomplish the critical State, or local law enforcement officers who ‘‘(a) DEFINITIONS.—In this section: goal of giving more students in both serve as Deputy Federal Air Marshals shall ‘‘(1) AIRCRAFT.—The term ‘aircraft’ has the rural and urban areas access to dis- meaning given that term in section 40102 of receive approval to participate in the pro- gram from their employer. tance education by expanding Internet- title 49. based educational opportunities at the ‘‘(2) AIR TRANSPORTATION.—The term ‘air ‘‘(d) POWERS AND STATUS OF FEDERAL AIR MARSHALS AND DEPUTY AIR MARSHALS.— post-secondary level. transportation’ has the meaning given that Specifically, this legislation, which term in section 40102 of title 49. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(3) PROGRAM.—The term ‘program’ means Federal Air Marshals and Deputy Federal is cosponsored by Senators DORGAN, the program established under subsection Air Marshals may arrest and apprehend an FRIST and HUTCHINSON, will remove (c). individual suspected of violating any Federal three regulatory barriers that are slow- ‘‘(4) UNITS OF LOCAL GOVERNMENT.The term law relating to security at airports or on ing the growth of distance education in ‘units of local government’ includes an air- board aircraft, including any individual who our nation. First, it will modify the port authority. violates a provision subject to a civil penalty Department of Education’s ‘‘50 percent ‘‘(b) RESPONSIBILITY FOR AIRPORT AND AIR- under section 46301, 46302, 46303, 46314, 46318, 46502, 46504, 46505, or 46507 of title 49, or who rule’’ that requires institutions that CRAFT SAFETY.—This section shall govern are eligible for Title IV student aid the security at airports and on board com- commits an act described in section 46506 of mercial aircraft. title 49, or who violates a provision subject programs under the Higher Education ‘‘(c) FEDERAL AIR MARSHALS PROGRAM.— to a criminal penalty under sections 32 and Act to offer at least 50 percent of their ‘‘(1) GOAL.—The goal of the program is to 37 of title 18. instruction in a classroom-based envi- provide maximum security at airports and ‘‘(2) LIMITATION.—The powers granted to a ronment. This legislation will instead on board commercial aircraft by having the Deputy Federal Air Marshal shall be limited allow institutions to offer more than 50 Federal Government be responsible for all to enforcing Federal laws relating to secu- percent of their classes by tele- rity at airports or on board aircraft. phases of security for air passengers. communications methods if the insti- ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in ‘‘(2) ESTABLISHMENT OF FEDERAL AIR MAR- tution already participates in the stu- SHALS PROGRAM.— this section may be construed to— dent loan programs and their student ‘‘(A) ESTABLISHMENT.—The Attorney Gen- ‘‘(1) grant any Federal Air Marshal or Dep- eral shall establish a Federal Air Marshals uty Federal Air Marshal the power to en- loan default rate is less than 10 percent program consisting of Federal Air Marshals, force any Federal law that is not described for the three preceding years. This en- including the Federal Air Marshals partici- in subsection (d); or sures that distance education options pating in the Federal Air Marshals Program ‘‘(2) limit the authority that a Federal, are available to schools with a proven being administered by the Federal Aviation State, or local law enforcement officer may track record of successfully admin- Administration before the effective date of otherwise exercise in the officer’s capacity istering federal financial aid programs. this section, and Deputy Federal Air Mar- under any other applicable law. Second, it will eliminate the ‘‘12 hour shals in order to provide maximum security ‘‘(f) REGULATIONS.—The Attorney General rule.’’ This rule defines a week of in- shall promulgate such regulations as may be at airports and on board commercial air- structional time to mean 12 hours of craft. necessary to carry out this section. ‘‘(B) FEDERAL AIR MARSHALS.—Federal Air ‘‘(g) COST SHARING.—The costs of the pro- ‘‘regularly scheduled instruction, ex- Marshals shall serve for the purpose of en- gram shall be paid by— aminations, or preparation for exam- forcing Federal laws that regulate security ‘‘(1) the airlines in an amount not less than ination’’ for programs that are offered at airports and on board commercial air- the amount (as adjusted for inflation after in non-standard terms. This legislation craft, including laws relating to acts of ter- the effective date of this section) the airlines will instead require that programs of- rorism, hijacking, or aircraft piracy and laws were paying for airport security on the date fered on a non-standard term, such as relating to violent, abusive, or disruptive be- before the effective date of this section; those offered by the University of Wyo- havior by passengers in air transportation. ‘‘(2) State and units of local government in ming and the Western Governors Uni- an amount not less than the amount (as ad- ‘‘(C) DEPUTY FEDERAL AIR MARSHALS.— versity, be held to the same account- ‘‘(i) IN GENERAL.—The Attorney General justed for inflation after the effective date of shall deputize individuals described in clause this section) the States and units of local ability standards as those offered on a (ii) as Deputy Federal Air Marshals for the government were paying for airport security traditional semester or quarter basis. purpose of augmenting and assisting Federal on the date before the effective date of this Third, this legislation will clarify the Air Marshals. section; and incentive compensation restrictions ‘‘(ii) PERSONNEL.—The Attorney General ‘‘(3) the Federal Government. that were passed by Congress in 1992 shall utilize retired military personnel, re- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— with the intent of prohibiting colleges tired Federal, State, and local law enforce- ‘‘(1) IN GENERAL.—Subject to paragraph (2), and universities that participate in fed- ment personnel, and active-duty Federal, there are authorized to be appropriated to eral student financial aid programs State, and local law enforcement personnel carry out this section such sums as may be from paying any commission, bonus, or from other government departments and necessary. other incentive payments to third par- agencies as Deputy Federal Air Marshals. ‘‘(2) LIMITATION.—The Federal share of car- ‘‘(iii) COMPENSATION.—The Attorney Gen- rying out this section shall be limited to the ties based on their success in enrolling eral may employ personnel described in cost of the program after payments by air- new students. These restrictions, while clause (ii)— lines and States and units of local govern- well intentioned, have had the unin- ‘‘(I) as volunteers; ment pursuant to subsection (g).’’. tended consequence of preventing some

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9625 higher education institutions from forward to the same success here in the nal and an intelligence component. Our using third-party Web portals. This Senate so that we might open up the foreign intelligence and domestic law practice, which is fairly common and possibilities of distance education to a enforcement agencies need to be able often necessary for many distance edu- new generation of students. to share information in order to pro- cation and Internet based education tect our citizens. programs, provides prospective stu- By Mr. GRAHAM (for himself, Fourth, there are some strategic dents with access to information about Mrs. FEINSTEIN, Mr. BAYH, Mr. changes we need to make in the laws, the programs they offer and admissions NELSON of Florida, and Mr. such as better training of our local law requirements. This legislation clarifies ROCKEFELLER): enforcement so that they can play the incentive compensation prohibi- S. 1448. A bill to enhance intelligence their appropriate role in responding to tions in the Higher Education Act by and intelligence-related activities of terrorism before the act to prevent ter- allowing the use of third-party Web the United States Government in the rorist actions, as opposed to just, as we portals and allowing schools to appro- prevention of terrorism, and for other are doing now at the Pentagon and in priately reward employees for their job purposes; to the Select Committee on New York City, picking up the pieces performance. The bill preserves the in- Intelligence. of the consequences of a terrorist act tent of the 1992 law by stating that that has been executed. By Mr. GRAHAM (for himself, non-salary payments to those directly I emphasize that the Senate Select Mrs. FEINSTEIN, Mr. BAYH, Ms. involved in recruiting students or Committee on Intelligence has been MIKULSKI, Mr. DURBIN, Mr. NEL- awarding financial aid are not allowed. working on these proposals for several SON of Florida, and Mr. ROCKE- It will also allow the Secretary of Edu- months. We have worked closely with FELLER): the appropriate Federal agencies, as cation to impose appropriate sanctions S. 1449. A bill to establish the Na- against an institution if a violation oc- well as within the Senate Judiciary tional Office for Combatting Ter- Committee, the Governmental Affairs curs. This change to the regulation will rorism; to the Committee on Govern- continue to ensure that Federal stu- Committee, and the Armed Services mental Affairs. Committee. dent aid programs are free from fraud Mr. GRAHAM. Madam President, it and abuse, while allowing prospective It is my hope that we will develop a has now been 10 days since our Nation consensus around the proposals other students to gain information about all was struck by a well-coordinated series of the post-secondary educational op- Members of Congress may have that of terrorist attacks. It has been 10 days the Attorney General has recently sub- portunities that are available. since we all witnessed the horror of hi- As some of you may know, I have a mitted. We do not purport that our list jacked airliners crashing into the is exclusive. We think it represents a very personal interest in the issue of World Trade Center and the Pentagon. distance education. I saw how effective well-researched, solid beginning It has been 10 days since we vowed to against a very serious challenge to our it can be because my wife, Diana, re- track down and bring to justice those ceived her masters degree in adult edu- Nation, and we look forward to fully who assisted, financed, and harbored reviewing those recommendations that cation by taking classes through the these terrorists and to treat them as University of Wyoming while living have been made within the last 72 terrorists. hours by the Attorney General. here in Washington. After witnessing Today, as the investigation proceeds, I also want to make it clear that I the high quality of the course work, I believe it is time we begin to look be- am mindful of the concerns we are be- the responsiveness to students’ needs, yond the crisis of September 11. It is ginning to hear from various organiza- and the ‘‘technology flexibility’’ that time we begin to develop a long-term tions that we might overreact and im- enabled Diana’s experience, I have be- response to the continued threat of ter- pinge upon the civil liberties of our come a strong advocate for distance rorism. people. We would hand the ultimate learning. Terrorism ultimately is not a crisis. victory to terrorists if we were to allow I am especially pleased to be able to It is a cancerous condition, a condition them to coerce our great Nation into sponsor this legislation at a time when that all Americans must come to grips compromising our highest values, per- the University of Wyoming is experi- with as we strive to return to nor- sonal freedom, and civil rights. encing record breaking enrollment in malcy. Madam President, in many ways we Online UW, the web-based educational Today, with several of my colleagues, are here today much as the country arm of the University of Wyoming Out- I am introducing a pair of bills that was in the 1920s. It was at that time reach School. I was impressed to learn offer a prescription for the condition of that America launched a national cru- that as of August 28, 2001 class enroll- terrorism. sade against organized crime. The Na- ments totaled 1,164, which is a dra- The first bill will make changes to a tion committed itself to rooting out matic increase over the 140 students number of laws, including the Foreign the corrupt captains of crime who had who enrolled in the spring of 1999 when Intelligence Surveillance Act of 1978, infiltrated labor unions, run gambling the University launched this program. to enhance our ability to infiltrate ter- operations, trafficked in illegal drugs In addition to the enrollment growth, rorist cells, to collect information nec- and, in the course of their activities, the number of courses that are being essary to guarantee America’s secu- accumulated great wealth and, in offered is also expanding. During the rity, and to coordinate more effec- many communities, great political in- fall 2001 semester 43 online courses are tively our domestic efforts against ter- fluence. available at the University of Wyo- rorism. We can take pride that over several ming, supporting seven degree pro- There are four primary goals of this decades an earlier generation of Amer- grams or certificates. It is my hope legislation. The first relates to data ican leaders managed to put many of that with the passage of this legisla- collection to assure that our foreign in- these domestic enemies behind bars tion, programs like those at the Uni- telligence should be brought into line and diminish their influence and their versity of Wyoming will be able to ex- with the laws that control domestic corrosive effect on our society. pand even further to serve more inter- law enforcement actions. In a number I take this experience of the 20th cen- ested students. of areas, we have different standards if tury, our ability to begin to roll back In closing, I would like to take this we are collecting information for do- the influence of organized crime in the opportunity to extend my thanks to mestic law enforcement than when we United States, as a hopeful sign, a sign Congressman JOHNNY ISAKSON and his are collecting analogous information that we can pass on to our children and staff. As the Vice Chair of the Web- for purposes of foreign intelligence. our grandchildren a world that has Based Education Commission, Con- Second, many regulations have not greatly diminished the threat we now gressman ISAKSON introduced this leg- kept pace with the rapid changes we face from terrorists. It is our hope that islation in the House earlier this year have seen, particularly in communica- these two legislative proposals will be and has successfully steered it through tion technology, and need to be up- a step in that direction. the House Education and the Work- dated. Under our proposal, the President force Committee, where it passed over- Third, as we saw on September 11, will appoint the Director of the Na- whelmingly on August 1, 2001. I look most terrorist acts have both a crimi- tional Office for Combating Terrorism

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9626 CONGRESSIONAL RECORD — SENATE September 21, 2001 subject to Senate confirmation. This a Congress, and I am quite sure as indi- nation and dissemination of intel- individual will be accountable to the viduals, when we consider the unimagi- ligence gathered under, while retaining President, to the Congress, and to the nable loss of human life and the mag- the FBI as the agency with operational Nation. nitude of the destruction wrought by authority for intelligence gathering One of the key responsibilities of this these malicious and misguided men. from foreign nationals. new office would be budget coordina- But grieve though we must, it is our Require law enforcement agencies to tion to assure that all of the agencies— solemn responsibility as representa- share with the DCI any terrorism-re- and there are now as many as 40 agen- tives of the American people to look lated intelligence information gathered cies that have some piece of into this abyss and find the lessons in criminal investigations. antiterrorism activity—are operating that may be there for us. Mandate cooperation between the from a coordinated plan and that re- When a relatively large group of for- DCI and the Treasury Department to sources to carry out their portions of eign terrorists who had lived and even root out and cut off the international the plan are properly coordinated. To trained in this country carried out a money trail terrorists use to finance do that will require the statutory au- despicable and unfortunately well- their activities. thority from Congress. choreographed wave of terror attacks Develop training programs for State Madam President, the second bill has months or years in the planning, it and local law enforcement agencies and public officials to help them detect ter- as its objective to assure that the doz- cast a harsh light on a range of defi- rorist activity, and to improve their ens of Federal agencies that have ciencies in our Nation’s efforts to com- understanding and use of intelligence counterterrorism as one of their mis- bat terrorism. We are made to feel vul- sions are working together in a coordi- shared with them. nerable by the sheer enormity of the Establish a National Virtual Trans- nated way to detect and disarm terror- evil and by the realization that any of lation Center to enable intelligence in- ists. us could become targets of the next fa- formation collected anywhere in the There have been over the past several natical assault. Our dread might even world to be transmitted over secure years several independent commissions turn to despondency if we consider the electronic lines, translated and ana- which have reviewed the issue of ter- agonizing possibility that our law en- lyzed by experts elsewhere, and shared rorism. Two of our former colleagues, forcement and intelligence establish- with relevant law enforcement and Senators Rudman and Hart, have head- ments might have been able to prevent government personnel throughout this ed one of those commissions. All of the horror of last Tuesday if they had country, as well as by policymakers in those commissions have endorsed the had adequate mechanisms with which Washington and intelligence agents principle of a stronger central coordi- to collaborate on strategy, share infor- overseas. nation of the Federal Government’s ef- mation, and assist in investigation and Make explicit that U.S. Government forts against terrorism. apprehension of men capable of these officers, acting in their official capac- Just this past week, the General Ac- heinous crimes. ity, may recruit any person who has in- counting Office issued yet another Rather than feeling despondent, how- formation about terrorist, terrorist study of this issue. I quote a portion of ever, it is our duty as a Congress to groups, or those who assist or harbor that General Accounting Office study: act. This Nation and this Congress can them—including foreign governments. Key interagency functions are resident in no longer tolerate a situation in which The reactions to last week’s attacks several different organizations, resulting in competing missions of agencies—or have ranged from shock, to horror, to fragmented leadership and coordination. competing personalities of public offi- These circumstances hinder unity of effort sadness, to rage, and now, as I said at and limit accountability. However, the cur- cials—put our citizens and our prop- the beginning of my remarks, to re- rent attention being focused on this issue erty at risk. We must create an envi- solve. Just over a week after the worst provides an opportunity to improve the over- ronment of coordination between the act of terrorism, indeed, the worst all leadership and coordination of programs intelligence community, our Federal, crime, in the history of the country, we to combat terrorism. State, and local law enforcement agen- are united as a people behind our Presi- In other words, we need to assign re- cies, the military, public health au- dent, our armed forces, and our law en- sponsibility to someone who will be the thorities, and all the other parties who forcement agencies, resolved to root leader of our national effort to make can play a role in combating terrorism. out and defeat terrorism wherever this certain that all of the agencies are on I believe these two pieces of legisla- particular breed of hatred is fostered. the field, from the Central Intelligence tion, which establish a centralized au- Part of that resolve may be seen in the Agency to the FBI, and are following a thority to coordinate the activities and package of legislation introduced here common set of objectives. I am pleased responsibilities of a multifaceted group today, although it would be incorrect that President Bush endorsed this ap- of agencies, and provide both the intel- to characterize this legislation as a re- proach in his address to the Nation. ligence community and law enforce- action to the nightmare of September The President called, by Executive ment with valuable tools to combat 11. These bills are the product of a order, for the creation of a position of terrorism-related crimes, do just this. longstanding concern about a lack of homeland defense within the White Briefly, the bills introduced today in coordination between our law enforce- House. He has assigned that responsi- the Senate would do the following: ment and intelligence resources and bility to the current Governor of Penn- Establish a ‘‘National Office for Com- are the result of several months of hard sylvania, Tom Ridge. bating Terrorism’’ to provide a greater work on the part of Chairman GRAHAM, I believe we should build on what the level of coordination among the Na- several other members of our com- President has recommended by going a tion’s law enforcement establishment, mittee, and Intelligence Committee step further and making this position a the intelligence community, the mili- staff. I believe these bills represent statutory position. tary, public health authorities, and good first steps. Mr. ROCKEFELLER. Madam Presi- State and local governments to create I have not had the privilege of being dent, in the wake of the tragic events a coherent, functional strategy for a member of the Intelligence Com- of September 11, 2001, it is not with combating terrorism out of a current mittee for very long, but from the very pride exactly, but with a firm resolve system a blue-ribbon Presidential Com- first day I have been enormously im- that I join with my good friend and col- mission has called fragmented, unco- pressed with the careful balance the league Senator BOB GRAHAM, the chair- ordinated, and politically unaccount- committee strikes between the intel- man of the Senate Select Committee able. ligence gathering needs of this nation, on Intelligence, in cosponsoring two Ensure that terrorism-related intel- and the civil liberties enjoyed by its important pieces of legislation: Bills to ligence gathered under the Foreign In- citizens. However, in this time of establish the National Office for Com- telligence Surveillance Act—FISA—is heightened tension and increased secu- bating Terrorism and the Intelligence used to further the overall rity, I must admit that I share some of to Prevent Terrorism Act of 2001. antiterrorism strategy. The legislation the concerns of many Americans, from While we strive to go on and do the clarifies that the Director of Central across the political spectrum, who fear work that the people sent us here to Intelligence—DCI—is the primary gov- that well-meaning reforms may unduly do, we cannot help but feel heartsick as ernment official responsible for coordi- infringe on the liberties we cherish.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9627 While I am confident that in crafting ity and outlays in all fiscal years resulting (B) PROCEDURES.—Not later than 14 days this legislation Senator GRAHAM has from this title as an emergency requirement after the date of enactment of this Act, the taken those concerns very much to pursuant to section 252(e) of the Balanced Director of the Office of Management and Budget and Emergency Deficit Control Act heart and has protected the rights of Budget shall issue regulations setting forth of 1985 (2 U.S.C. 901(e)). Such amount shall be procedures for application and minimum re- law-abiding Americans, I will closely available only to the extent that a request, quirements, which may be supplemented by monitor the progress of this legisla- that includes designation of such amount as the Board in its discretion, for the issuance tion. I cannot overestimate the impor- an emergency requirement as defined in such of Federal credit instruments under section tance of ensuring that in our zeal to Act, is transmitted by the President to Con- 101(a)(1). gress. prevent another terrorist assault on (d) FINANCIAL PROTECTION OF GOVERN- this Nation we do not contribute to an SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD. MENT.— atmosphere of fear and mistrust of our (a) DEFINITIONS.—In this section, the fol- (1) IN GENERAL.—To the extent feasible and fellow citizens. lowing definitions apply: practicable, the Board shall ensure that the I will also be looking for an under- (1) BOARD.—The term ‘‘Board’’ means the Government is compensated for the risk as- standing of these concerns from our Air Transportation Stabilization Board es- sumed in making guarantees under this title. colleagues on the various committees tablished under subsection (b). (2) GOVERNMENT PARTICIPATION IN GAINS.— of referral, and in the Senate as a (2) FINANCIAL OBLIGATION.—The term ‘‘fi- To the extent to which any participating corporation accepts financial assistance, in whole. We must commit ourselves and nancial obligation’’ means any note, bond, debenture, or other debt obligation issued by the form of accepting the proceeds of any our Nation that, despite the grave seri- an obligor in connection with financing loans guaranteed by the Government under ousness of combating terrorism, we under this section and section 101(a)(1). this title, the Board is authorized to enter will always safeguard civil liberties as (3) LENDER.—The term ‘‘lender’’ means any into contracts under which the Government, we consider this or any other piece of non-Federal qualified institutional buyer (as contingent on the financial success of the legislation introduced to combat ter- defined by section 230.144A(a) of title 17, Code participating corporation, would participate rorism. What is needed—and what this of Federal Regulations (or any successor reg- in the gains of the participating corporation package of legislation provides—is ulation) known as Rule 144A(a) of the Securi- or its security holders through the use of ties and Exchange Commission and issued such instruments as warrants, stock options, greater coordination, efficiency, and under the Security Act of 1933, including— common or preferred stock, or other appro- effectiveness among our existing (A) a qualified retirement plan (as defined priate equity instruments. antiterrorism resources, without a sur- in section 4974(c) of the Internal Revenue (3) DEPOSIT IN TREASURY.—All amounts col- render of the rights and liberties that Code of 1986 (26 U.S.C. 4974(c)) that is a quali- lected by the Secretary of the Treasury make this the greatest nation in the fied institutional buyer; and under this subsection shall be deposited in history of the world. (B) a governmental plan (as defined in sec- the Treasury as miscellaneous receipts. tion 414(d) of the Internal Revenue Code of By Mr. DASCHLE (for himself 1986 (26 U.S.C. 414(d)) that is a qualified insti- SEC. 103. SPECIAL RULES FOR COMPENSATION. and Mr. LOTT): tutional buyer. (a) DOCUMENTATION.—Subject to subsection S. 1450. A bill to preserve the contin- (4) OBLIGOR.—The term ‘‘obligor’’ means a (b), the amount of compensation payable to ued viability of the United States air party primarily liable for payment of the an air carrier under section 101(a)(2) may not transportation system; considered and principal of or interest on a Federal credit exceed the amount of losses described in sec- instrument, which party may be a corpora- passed. tion 101(a)(2) that the air carrier dem- tion, partnership, joint venture, trust, or onstrates to the satisfaction of the Presi- Mr. DASCHLE. Madam President, I governmental entity, agency, or instrumen- ask unanimous consent that the text of dent, using sworn financial statements or tality. other appropriate data, that the air carrier the bill be printed in the RECORD. (b) AIR TRANSPORTATION STABILIZATION incurred. The Secretary of Transportation There being no objection, the bill was BOARD.— and the Comptroller General of the United (1) ESTABLISHMENT.—There is established a ordered to be printed in the RECORD, as States may audit such statements and may follows: board (to be known as the ‘‘Air Transpor- tation Stabilization Board’’) to review and request any information that the Secretary S. 1450 decide on applications for Federal credit in- and the Comptroller General deems nec- Be it enacted by the Senate and House of Rep- struments under section 101(a)(1). essary to conduct such audit. resentatives of the United States of America in (2) COMPOSITION.—The Board shall consist Congress assembled, (b) MAXIMUM AMOUNT OF COMPENSATION of— PAYABLE PER AIR CARRIER.—The maximum SECTION 1. SHORT TITLE. (A) the Secretary of Transportation or the This Act may be cited as the ‘‘Air Trans- total amount of compensation payable to an designee of the Secretary; air carrier under section 101(a)(2) may not portation Safety and System Stabilization (B) the Chairman of the Board of Gov- Act’’. exceed the lesser of— ernors of the Federal Reserve System, or the (1) the amount of such air carrier’s direct TITLE I—AIRLINE STABILIZATION designee of the Chairman, who shall be the and incremental losses described in section SEC. 101. AVIATION DISASTER RELIEF. Chair of the Board; 101(a)(2); or (a) IN GENERAL.—Notwithstanding any (C) the Secretary of the Treasury or the (2) in the case of— other provision of law, the President shall designee of the Secretary; and (A) flights involving passenger-only or take the following actions to compensate air (D) the Comptroller General of the United combined passenger and cargo transpor- carriers for losses incurred by the air car- States, or the designee of the Comptroller tation, the product of— riers as a result of the terrorist attacks on General, as a nonvoting member of the (i) $4,500,000,000; and the United States that occurred on Sep- Board. (ii) the ratio of— (c) FEDERAL CREDIT INSTRUMENTS.— tember 11, 2001: (I) the available seat miles of the air car- (1) IN GENERAL.—The Board may enter into (1) Subject to such terms and conditions as rier for the month of August 2001 as reported agreements with 1 or more obligors to issue the President deems necessary, issue Federal to the Secretary; to Federal credit instruments under section credit instruments to air carriers that do (II) the total available seat miles of all 101(a)(1) if the Board determines, in its dis- not, in the aggregate, exceed $10,000,000,000 such air carriers for such month as reported cretion, that— and provide the subsidy amounts necessary to the Secretary; and (A) the obligor is an air carrier for which for such instruments in accordance with the (B) flights involving cargo-only transpor- credit is not reasonably available at the time provisions of the Federal Credit Reform Act tation, the product of— of the transaction; of 1990 (2 U.S.C. 661 et seq.). (i) $500,000,000; and (B) the intended obligation by the obligor (2) Compensate air carriers in an aggregate (ii) the ratio of— is prudently incurred; and amount equal to $5,000,000,000 for— (I) the revenue ton miles or other auditable (C) such agreement is a necessary part of (A) direct losses incurred beginning on measure of the air carrier for cargo for the maintaining a safe, efficient, and viable com- September 11, 2001, by air carriers as a result latest quarter for which data is available as mercial aviation system in the United of any Federal ground stop order issued by reported to the Secretary; to States. the Secretary of Transportation or any sub- (II) the total revenue ton miles or other (2) TERMS AND LIMITATIONS.— sequent order which continues or renews auditable measure of all such air carriers for (A) FORMS; TERMS AND CONDITIONS.—A Fed- such a stoppage; and cargo for such quarter as reported to the eral credit instrument shall be issued under (B) the incremental losses incurred begin- Secretary. ning September 11, 2001, and ending Decem- section 101(a)(1) in such form and on such ber 31, 2001, by air carriers as a direct result terms and conditions and contain such cov- (c) PAYMENTS.—The President may provide of such attacks. enants, representatives, warranties, and re- compensation to air carriers under section (b) EMERGENCY DESIGNATION.—Congress quirements (including requirements for au- 101(a)(2) in 1 or more payments up to the designates the amount of new budget author- dits) as the Board determines appropriate. amount authorized by this title.

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SEC. 104. LIMITATION ON CERTAIN EMPLOYEE (2) FEDERAL CREDIT INSTRUMENT.—The term retary of Transportation may certify that COMPENSATION. ‘‘Federal credit instrument’’ means any the air carrier was a victim of an act of ter- (a) IN GENERAL.—The President may only guarantee or other pledge by the Board rorism and in the Secretary’s judgment, issue a Federal credit instrument under sec- issued under section 101(a)(1) to pledge the based on the Secretary’s analysis and con- tion 101(a)(1) to an air carrier after the air full faith and credit of the United States to clusions regarding the facts and cir- carrier enters into a legally binding agree- pay all or part of any of the principal of and cumstances of each case, shall not be respon- ment with the President that, during the 2- interest on a loan or other debt obligation sible for losses suffered by third parties (as year period beginning September 11, 2001, issued by an obligor and funded by a lender. referred to in section 205.5(b)(1) of title 14, and ending September 11, 2003, no officer or (3) INCREMENTAL LOSS.—The term ‘‘incre- Code of Federal Regulations) that exceed employee of the air carrier whose total com- mental loss’’ does not include any loss that $100,000,000, in the aggregate, for all claims pensation exceeded $300,000 in calendar year the President determines would have been by such parties arising out of such act. If the 2000 (other than an employee whose com- incurred if the terrorist attacks on the Secretary so certifies, the air carrier shall pensation is determined through an existing United States that occurred on September not be liable for an amount that exceeds collective bargaining agreement entered into 11, 2001, had not occurred. $100,000,000, in the aggregate, for all claims prior to September 11, 2001)— by such parties arising out of such act, and (1) will receive from the air carrier total TITLE II—AVIATION INSURANCE the Government shall be responsible for any compensation which exceeds, during any 12 SEC. 201. DOMESTIC INSURANCE AND REIM- liability above such amount. No punitive consecutive months of such 2-year period, BURSEMENT OF INSURANCE COSTS. damages may be awarded against an air car- the total compensation received by the offi- (a) IN GENERAL.—Section 44302 of title 49, rier (or the Government taking responsi- cer or employee from the air carrier in cal- United States Code, is amended— bility for an air carrier under this para- endar year 2000; and (1) in subsection (a)(1)— graph) under a cause of action arising out of (2) will receive from the air carrier sever- (A) by striking ‘‘subsection (b)’’ and insert- such act. ance pay or other benefits upon termination ing ‘‘subsection (c)’’; and (c) REINSURANCE.—Section 44304 of such (B) by striking ‘‘foreign-flag aircraft—’’ of employment with the air carrier which ex- title is amended— ceeds twice the maximum total compensa- and all that follows through the period at (1) by striking ‘‘(a) GENERAL AUTHORITY.— the end of subparagraph (B) and inserting tion received by the officer or employee from ’’; and ‘‘foreign-flag aircraft.’’; the air carrier in calendar year 2000. (2) by striking subsection (b). (b) TOTAL COMPENSATION DEFINED.—In this (2) by redesignating subsections (b), (c), (d) PREMIUMS.—Section 44306 of such title section, the term ‘‘total compensation’’ in- and (d) as subsections (c), (d), and (e), respec- is amended— cludes salary, bonuses, awards of stock, and tively; (1) by redesignating subsections (b) and (c) other financial benefits provided by an air (3) by inserting after subsection (a) the fol- as subsections (c) and (d), respectively; and carrier to an officer or employee of the air lowing: (2) by inserting after subsection (a) the fol- carrier. ‘‘(b) REIMBURSEMENT OF INSURANCE COST lowing: SEC. 105. CONTINUATION OF CERTAIN AIR SERV- INCREASES.— ‘‘(b) ALLOWANCES IN SETTING PREMIUM ICE. N GENERAL ‘‘(1) I .—The Secretary may reim- RATES FOR REINSURANCE.—In setting pre- (a) ACTION OF SECRETARY.—The Secretary burse an air carrier for the increase in the mium rates for reinsurance, the Secretary of Transportation should take appropriate cost of insurance, with respect to a premium may make allowances to the insurance car- action to ensure that all communities that for coverage ending before October 1, 2002, rier for expenses incurred in providing serv- had scheduled air service before September against loss or damage arising out of any ices and facilities that the Secretary con- 11, 2001, continue to receive adequate air risk from the operation of an American air- transportation service and that essential air siders good business practices, except for craft over the insurance premium that was payments by the air carrier for the stimula- service to small communities continues in effect for a comparable operation during without interruption. tion or solicitation of insurance business.’’. the period beginning September 4, 2001, and (e) CONFORMING AMENDMENT.—Section (b) ESSENTIAL AIR SERVICE.—There is au- ending September 10, 2001, as the Secretary thorized to be appropriated to the Secretary 44305(b) of such title is amended by striking may determine. Such reimbursement is sub- to carry out the essential air service pro- ‘‘44302(b)’’ and inserting ‘‘44302(c)’’. ject to subsections (a)(2), (c), and (d) of this gram under subchapter II of chapter 417 of SEC. 202. EXTENSION OF PROVISIONS TO VEN- section and to section 44303. title 49, United States Code, $120,000,000 for DORS, AGENTS, AND SUBCONTRAC- ‘‘(2) PAYMENT FROM REVOLVING FUND.—A re- TORS OF AIR CARRIERS. fiscal year 2002. Notwithstanding any other provision of (c) SECRETARIAL OVERSIGHT.— imbursement under this subsection shall be this title, the Secretary may extend any pro- (1) IN GENERAL.—Notwithstanding any paid from the revolving fund established by other provision of law, the Secretary is au- section 44307. vision of chapter 443 of title 49, United States Code, as amended by this title, and thorized to require an air carrier receiving ‘‘(3) FURTHER CONDITIONS.—The Secretary the provisions of this title, to vendors, direct financial assistance under this Act to may impose such further conditions on in- agents, and subcontractors of air carriers. maintain scheduled air service to any point surance for which the increase in premium is For the 180-day period beginning on the date served by that carrier before September 11, subject to reimbursement under this sub- of enactment of this Act, the Secretary may 2001. section as the Secretary may deem appro- extend or amend any such provisions so as to (2) AGREEMENTS.—In applying paragraph priate in the interest of air commerce. ensure that the entities referred to in the (1), the Secretary may require air carriers ‘‘(4) TERMINATION OF AUTHORITY.—The au- preceding sentence are not responsible in receiving direct financial assistance under thority to reimburse air carriers under this cases of acts of terrorism for losses suffered this Act to enter into agreements which will subsection shall expire 180 days after the by third parties that exceed the amount of ensure, to the maximum extent practicable, date of enactment of this paragraph.’’; such entities’ liability coverage, as deter- that all communities that had scheduled air (4) in subsection (c) (as so redesignated)— mined by the Secretary. service before September 11, 2001, continue to (A) in the first sentence by inserting ‘‘, or receive adequate air transportation service. reimburse an air carrier under subsection (b) TITLE III—TAX PROVISIONS of this section,’’ before ‘‘only with the ap- SEC. 106. REPORTS. SEC. 301. EXTENSION OF DUE DATE FOR EXCISE proval’’; and (a) REPORT.—Not later than February 1, TAX DEPOSITS; TREATMENT OF LOSS 2001, the President shall transmit to the (B) in the second sentence— COMPENSATION. Committee on Transportation and Infra- (i) by inserting ‘‘or the reimbursement’’ (a) EXTENSION OF DUE DATE FOR EXCISE structure, the Committee on Appropriations, before ‘‘only after deciding’’; and TAX DEPOSITS.— and the Committee on the Budget of the (ii) by inserting ‘‘in the interest of air (1) IN GENERAL.—In the case of an eligible House of Representatives and the Committee commerce or national security or’’ before air carrier, any airline-related deposit re- on Commerce, Science, and Transportation, ‘‘to carry out the foreign policy’’; and quired under section 6302 of the Internal Rev- the Committee on Appropriations, and the (5) in subsection (d) (as so redesignated) by enue Code of 1986 to be made after September Committee on the Budget of the Senate a re- inserting ‘‘or reimbursing an air carrier’’ be- 10, 2001, and before November 15, 2001, shall port on the financial status of the air carrier fore ‘‘under this chapter’’. be treated for purposes of such Code as time- industry and the amounts of assistance pro- (b) COVERAGE.— ly made if such deposit is made on or before vided under this title to each air carrier. (1) IN GENERAL.—Section 44303 of such title November 15, 2001. If the Secretary of the (b) UPDATE.—Not later than the last day of is amended— Treasury so prescribes, the preceding sen- the 7-month period following the date of en- (A) in the matter preceding paragraph (1) tence shall be applied by substituting for actment of this Act, the President shall up- by inserting ‘‘, or reimburse insurance costs, ‘‘November 15, 2001’’ each place it appears— date and transmit the report to the Commit- as’’ after ‘‘insurance and reinsurance’’; and (A) ‘‘January 15, 2002’’, or tees. (B) in paragraph (1) by inserting ‘‘in the in- (B) such earlier date after November 15, SEC. 107. DEFINITIONS. terest of air commerce or national security 2001, as such Secretary may prescribe. In this title, the following definitions or’’ before ‘‘to carry out the foreign policy’’. (2) ELIGIBLE AIR CARRIER.—For purposes of apply: (2) DISCRETION OF THE SECRETARY.—For this subsection, the term ‘‘eligible air car- (1) AIR CARRIER.—The term ‘‘air carrier’’ acts of terrorism committed on or to an air rier’’ means any domestic corporation en- has the meaning such term has under section carrier during the 180-day period following gaged in the trade or business of trans- 40102 of title 49, United States Code. the date of enactment of this Act, the Sec- porting (for hire) persons by air if such

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(1)(B)(ii) by the amount of the collateral (3) AIRLINE-RELATED DEPOSIT.—For pur- (b) AUTHORIZATION OF APPROPRIATIONS.— source compensation the claimant has re- poses of this subsection, the term ‘‘airline- There are authorized to be appropriated such ceived or is entitled to receive as a result of related deposit’’ means any deposit of— sums as may be necessary to pay the admin- the terrorist-related aircraft crashes of Sep- (A) taxes imposed by subchapter C of chap- istrative and support costs for the Special tember 11, 2001. ter 33 of such Code (relating to transpor- Master in carrying out this title. (c) ELIGIBILITY.— tation by air), and SEC. 405. DETERMINATION OF ELIGIBILITY FOR (1) IN GENERAL.—A claimant shall be deter- (B) taxes imposed by chapters 21, 22, and 24 COMPENSATION. mined to be an eligible individual for pur- with respect to employees engaged in a trade (a) FILING OF CLAIM.— poses of this subsection if the Special Master or business referred to in paragraph (2). (1) IN GENERAL.—A claimant may file a determines that such claimant— (b) TREATMENT OF LOSS COMPENSATION.— claim for compensation under this title with (A) is an individual described in paragraph Nothing in any provision of law shall be con- the Special Master. The claim shall be on the (2); and strued to exclude from gross income under form developed under paragraph (2) and shall (B) meets the requirements of paragraph the Internal Revenue Code of 1986 any com- state the factual basis for eligibility for (3). compensation and the amount of compensa- pensation received under section 101(a)(2) of (2) INDIVIDUALS.—A claimant is an indi- this Act. tion sought. vidual described in this paragraph if the TITLE IV—VICTIM COMPENSATION (2) CLAIM FORM.— claimant is— (A) IN GENERAL.—The Special Master shall SEC. 401. SHORT TITLE. (A) an individual who— develop a claim form that claimants shall (i) was present at the World Trade Center, This title may be cited as the ‘‘September use when submitting claims under paragraph (New York, New York), the Pentagon (Ar- 11th Victim Compensation Fund of 2001’’. (1). The Special Master shall ensure that lington, Virginia), or the site of the aircraft SEC. 402. DEFINITIONS. such form can be filed electronically, if de- crash at Shanksville, Pennsylvania at the In this title, the following definitions termined to be practicable. time, or in the immediate aftermath, of the apply: (B) CONTENTS.—The form developed under terrorist-related aircraft crashes of Sep- (1) AIR CARRIER.—The term ‘‘air carrier’’ subparagraph (A) shall request— tember 11, 2001; and means a citizen of the United States under- (i) information from the claimant con- (ii) suffered physical harm or death as a re- taking by any means, directly or indirectly, cerning the physical harm that the claimant sult of such an air crash; to provide air transportation and includes suffered, or in the case of a claim filed on be- (B) an individual who was a member of the employees and agents of such citizen. half of a decedent information confirming (2) AIR TRANSPORTATION.—The term ‘‘air the decedent’s death, as a result of the ter- flight crew or a passenger on American Air- transportation’’ means foreign air transpor- rorist-related aircraft crashes of September lines flight 11 or 77 or United Airlines flight tation, interstate air transportation, or the 11, 2001; 93 or 175, except that an individual identified transportation of mail by aircraft. (ii) information from the claimant con- by the Attorney General to have been a par- (3) CLAIMANT.—The term ‘‘claimant’’ cerning any possible economic and non- ticipant or conspirator in the terrorist-re- means an individual filing a claim for com- economic losses that the claimant suffered lated aircraft crashes of September 11, 2001, pensation under section 405(a)(1). as a result of such crashes; and or a representative of such individual shall (4) COLLATERAL SOURCE.—The term ‘‘collat- (iii) information regarding collateral not be eligible to receive compensation eral source’’ means all collateral sources, in- sources of compensation the claimant has re- under this title; or cluding life insurance, pension funds, death ceived or is entitled to receive as a result of (C) in the case of a decedent who is an indi- benefit programs, and payments by Federal, such crashes. vidual described in subparagraph (A) or (B), State, or local governments related to the (3) LIMITATION.—No claim may be filed the personal representative of the decedent terrorist-related aircraft crashes of Sep- under paragraph (1) after the date that is 2 who files a claim on behalf of the decedent. tember 11, 2001. years after the date on which regulations are (3) REQUIREMENTS.— (5) ECONOMIC LOSS.—The term ‘‘economic promulgated under section 407. (A) SINGLE CLAIM.—Not more than one loss’’ means any pecuniary loss resulting (b) REVIEW AND DETERMINATION.— claim may be submitted under this title by from harm (including the loss of earnings or (1) REVIEW.—The Special Master shall re- an individual or on behalf of a deceased indi- other benefits related to employment, med- view a claim submitted under subsection (a) vidual. ical expense loss, replacement services loss, and determine— (B) LIMITATION ON CIVIL ACTION.— loss due to death, burial costs, and loss of (A) whether the claimant is an eligible in- (i) IN GENERAL.—Upon the submission of a business or employment opportunities) to dividual under subsection (c); claim under this title, the claimant waives the extent recovery for such loss is allowed (B) with respect to a claimant determined the right to file a civil action (or to be a under applicable State law. to be an eligible individual— party to an action) in any Federal or State (6) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (i) the extent of the harm to the claimant, court for damages sustained as a result of ble individual’’ means an individual deter- including any economic and noneconomic the terrorist-related aircraft crashes of Sep- mined to be eligible for compensation under losses; and tember 11, 2001. The preceding sentence does section 405(c). (ii) the amount of compensation to which not apply to a civil action to recover collat- (7) NONECONOMIC LOSSES.—The term ‘‘non- the claimant is entitled based on the harm eral source obligations. economic losses’’ means losses for physical to the claimant, the facts of the claim, and (ii) PENDING ACTIONS.—In the case of an in- and emotional pain, suffering, inconven- the individual circumstances of the claim- dividual who is a party to a civil action de- ience, physical impairment, mental anguish, ant. scribed in clause (i), such individual may not disfigurement, loss of enjoyment of life, loss (2) NEGLIGENCE.—With respect to a claim- submit a claim under this title unless such of society and companionship, loss of consor- ant, the Special Master shall not consider individual withdraws from such action by tium (other than loss of domestic service), negligence or any other theory of liability. the date that is 90 days after the date on hedonic damages, injury to reputation, and (3) DETERMINATION.—Not later than 120 which regulations are promulgated under all other nonpecuniary losses of any kind or days after that date on which a claim is filed section 407. nature. under subsection (a), the Special Master SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS. (8) SPECIAL MASTER.—The term ‘‘Special shall complete a review, make a determina- (a) IN GENERAL.—Not later than 20 days Master’’ means the Special Master appointed tion, and provide written notice to the after the date on which a determination is under section 404(a). claimant, with respect to the matters that made by the Special Master regarding the SEC. 403. PURPOSE. were the subject of the claim under review. amount of compensation due a claimant It is the purpose of this title to provide Such a determination shall be final and not under this title, the Special Master shall au- compensation to any individual (or relatives subject to judicial review. thorize payment to such claimant of the of a deceased individual) who was physically (4) RIGHTS OF CLAIMANT.—A claimant in a amount determined with respect to the injured or killed as a result of the terrorist- review under paragraph (1) shall have— claimant. related aircraft crashes of September 11, (A) the right to be represented by an attor- (b) PAYMENT AUTHORITY.—This title con- 2001. ney; stitutes budget authority in advance of ap- SEC. 404. ADMINISTRATION. (B) the right to present evidence, including propriations Acts and represents the obliga- (a) IN GENERAL.—The Attorney General, the presentation of witnesses and docu- tion of the Federal Government to provide acting through a Special Master appointed ments; and for the payment of amounts for compensa- by the Attorney General, shall— (C) any other due process rights deter- tion under this title. (1) administer the compensation program mined appropriate by the Special Master. (c) ADDITIONAL FUNDING.— established under this title; (5) NO PUNITIVE DAMAGES.—The Special (1) IN GENERAL.—The Attorney General is (2) promulgate all procedural and sub- Master may not include amounts for puni- authorized to accept such amounts as may stantive rules for the administration of this tive damages in any compensation paid be contributed by individuals, business con- title; and under a claim under this title. cerns, or other entities to carry out this (3) employ and supervise hearing officers (6) COLLATERAL COMPENSATION.—The Spe- title, under such terms and conditions as the and other administrative personnel to per- cial Master shall reduce the amount of com- Attorney General may impose.

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(2) USE OF SEPARATE ACCOUNT.—In making cluding any amendment made by this Act) local law enforcement and security per- payments under this section, amounts con- and the application thereof to other persons sonnel. tained in any account containing funds pro- or circumstances shall not be affected there- (b) PURPOSES.—The purposes of this Act vided under paragraph (1) shall be used prior by. are— to using appropriated amounts. (1) to provide a suitable location for the es- SEC. 407. REGULATIONS. By Mr. REID (for himself and Mr. tablishment of a centralized shooting facil- Not later than 90 days after the date of en- ENSIGN): ity in the Las Vegas valley; and actment of this Act, the Attorney General, S. 1451. A bill to provide for the con- (2) to provide the public with— in consultation with the Special Master, veyance of certain public land in Clark (A) opportunities for education and recre- shall promulgate regulations to carry out County, Nevada, for use as a shooting ation; and (B) a location for competitive events and this title, including regulations with respect range; to the Committee on Energy and to— marksmanship training. Natural Resources. (c) CONVEYANCE.—As soon as practicable (1) forms to be used in submitting claims Mr. REID. Madam President, I rise after the date of enactment of this Act, the under this title; today for myself and for Senator EN- Secretary of the Interior shall convey to (2) the information to be included in such Clark County, Nevada, subject to valid exist- forms; SIGN to introduce the Clark County Public Shooting Range Conveyance ing rights, for no consideration, all right, (3) procedures for hearing and the presen- title, and interest of the United States in tation of evidence; Act. Clark County and the Las Vegas Val- and to the parcels of land described in sub- (4) procedures to assist an individual in fil- section (d). ing and pursuing claims under this title; and ley have experienced tremendous popu- (d) LAND DESCRIPTIONS.—The parcels of (5) other matters determined appropriate lation growth over the past decade land to be conveyed under subsection (c) are by the Attorney General. from about 770,000 in 1990 to over 1.4 the parcels of land described as follows: SEC. 408. LIMITATION ON AIR CARRIER LIABIL- million people today. This growth has (1) Approximately 320 acres of land in ITY. had a tremendous impact on uses of the Clark County, Nevada, in S1⁄2, sec. 25, T. 18 (a) IN GENERAL.—Notwithstanding any outlying public lands, including tradi- S., R. 60 E., Mount Diablo Base and Meridian. other provision of law, liability for all tional recreational activities such as (2) Approximately 320 acres of land in claims, whether for compensatory or puni- Clark County, Nevada, in S1⁄2, sec. 26, T. 18 tive damages, arising from the terrorist-re- hunting, fishing and target shooting. S., R. 60 E., Mount Diablo Base and Meridian. lated aircraft crashes of September 11, 2001, There are literally dozens, if not hun- (3) Approximately 320 acres of land in against any air carrier shall not be in an dreds, of makeshift shooting ranges Clark County, Nevada, in S1⁄2, sec. 27, T. 18 amount greater than the limits of the liabil- across Las Vegas Valley which pose ex- S., R. 60 E., Mount Diablo Base and Meridian. ity coverage maintained by the air carrier. treme danger to nearby homes and in- (4) Approximately 640 acres of land in (b) FEDERAL CAUSE OF ACTION.— creasingly busy roads. Clark County, Nevada, in sec. 34, T. 18 S., R. (1) AVAILABILITY OF ACTION.—There shall My bill provides the foundation for 60 E., Mount Diablo Base and Meridian. exist a Federal cause of action for damages the establishment of a world-class (5) Approximately 640 acres of land in arising out of the hijacking and subsequent Clark County, Nevada, in sec. 35, T. 18 S., R. crashes of American Airlines flights 11 and shooting range, sports park and fire- 60 E., Mount Diablo Base and Meridian. 77, and United Airlines flights 93 and 175, on arms training facility by conveying (6) Approximately 640 acres of land in September 11, 2001. Notwithstanding section 2,880 acres of public land to Clark Clark County, Nevada, in sec. 36, T. 18 S., R. 40120(c) of title 49, United States Code, this County. This facility will be used by 60 E., Mount Diablo Base and Meridian. cause of action shall be the exclusive remedy residents of, and visitors to the Las (e) USE OF LAND.— for damages arising out of the hijacking and Vegas Valley for recreation, education, (1) IN GENERAL.—The parcels of land con- subsequent crashes of such flights. competitive and marksmanship events, veyed under subsection (c)— (2) SUBSTANTIVE LAW.—The substantive law (A) shall be used by Clark County for the and training related to firearms. Fire- purposes described in subsection (b) only; for decision in any such suit shall be derived arms training facilities owned and op- from the law, including choice of law prin- and ciples, of the State in which the crash oc- erated by the Metropolitan Police De- (B) shall not be disposed of by the county. curred unless such law is inconsistent with partment and the North Las Vegas Po- (2) REVERSION.—If Clark County ceases to or preempted by Federal law. lice Department are also being en- use any parcel for the purposes described in (3) JURISDICTION.—The United States Dis- croached upon by residential and com- subsection (b), title to the parcel shall revert trict Court for the Southern District of New mercial development. Special facilities to the United States, at the option of the York shall have original and exclusive juris- will be provided at the Clark County United States. (f) ADDITIONAL TERMS AND CONDITIONS.— diction over all actions brought for any facility to accommodate law enforce- claim (including any claim for loss of prop- The Secretary of the Interior may require ment training for firearms qualifica- such additional terms and conditions in con- erty, personal injury, or death) resulting tion and certification. from or relating to the terrorist-related air- nection with the conveyance as the Sec- This facility will provide a great pub- retary considers appropriate to protect the craft crashes of September 11, 2001. interests of the United States. (c) EXCLUSION.—Nothing in this section lic benefit by creating a safe central- (g) RELEASE OF LAND.—Congress— shall in any way limit any liability of any ized location for this important pur- (1) finds that the parcels of land conveyed person who is a knowing participant in any pose. It will enhance public safety by under subsection (c), comprising a portion of conspiracy to hijack any aircraft or commit reducing indiscriminate shooting. This the Quail Springs Wilderness Study Area, any terrorist act. facility will also provide economic in- NV–050–411, managed by the Bureau of Land SEC. 409. RIGHT OF SUBROGATION. centives to the Las Vegas Valley in the Management and reported to Congress in The United States shall have the right of form of jobs and support services. 1991, have been adequately studied for wil- subrogation with respect to any claim paid I ask unanimous consent that the derness designation under section 603 of the by the United States under this title. text of the bill be printed in the Federal Land Management Policy Act of 1976 TITLE V—AIR TRANSPORTATION SAFETY RECORD. (43 U.S.C. 1782); and SEC. 501. INCREASED AIR TRANSPORTATION There being no objection, the bill was (2) declares that those parcels are no longer subject to the requirements contained SAFETY. ordered to be printed in the RECORD, as in subsection (c) of that section pertaining Congress affirms the President’s decision follows: to spend $3,000,000,000 on airline safety and to the management of wilderness study areas security in conjunction with this Act in S. 1451 in a manner that does not impair the suit- order to restore public confidence in the air- Be it enacted by the Senate and House of Rep- ability of such areas for preservation as wil- line industry. resentatives of the United States of America in derness. SEC. 502. CONGRESSIONAL COMMITMENT. Congress assembled, Congress is committed to act expedi- SECTION 1. CONVEYANCE OF PROPERTY TO By Mr. KENNEDY (for himself, tiously, in consultation with the Secretary CLARK COUNTY, NEVADA. Mr. BROWNBACK, Mr. GRASSLEY, (a) FINDINGS.—Congress finds that— of Transportation, to strengthen airport se- Mr. LEAHY, and Ms. CANTWELL): (1) the Las Vegas area has experienced curity and take further measures to enhance S. 1452. A bill to provide for elec- such rapid growth in the last few years that the security of air travel. tronic access by the Department of traditional locations for target shooting are State and Immigration and Naturaliza- TITLE VI—SEPARABILITY now too close to populated areas for safety; SEC. 601. SEPARABILITY. (2) there is a need to designate a central- tion Service to certain information in If any provision of this Act (including any ized location in the Las Vegas valley where the criminal history records of the amendment made by this Act) or the applica- target shooters can practice safely; and Federal Bureau of Investigation to de- tion thereof to any person or circumstance is (3) a central facility is also needed for per- termine whether or not a visa appli- held invalid, the remainder of this Act (in- sons training in the use of firearms, such as cant or applicant for admission has a

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9631 criminal record; to the Committee on where the hijacking suspects may have STATEMENTS ON SUBMITTED the Judiciary. engaged in flight training in one form RESOLUTIONS Mr. KENNEDY. Madam President, it or another. In addition, it is believed is a privilege to join my colleagues that one of these suspects was able to Senators BROWNBACK, LEAHY, GRASS- gain legal entry into the United States SENATE RESOLUTION 162—PRO- LEY, and CANTWELL in introducing im- through the assistance of a flight VIDING FOR MEMBERS ON THE migration legislation that will enhance school that provided immigration doc- PART OF THE SENATE OF THE our intelligence capabilities and im- umentation. JOINT COMMITTEE ON PRINTING prove our border security. AND THE JOINT COMMITTEE OF These critical functions are an im- I know that this ironic turn of CONGRESS ON THE LIBRARY portant part of the massive challenges events, the schools dedicated to the now facing the country in the wake of safety of the airline industry were un- Mr. DODD (for himself and Mr. last week’s terrorist attacks. These wittingly utilized to facilitate the MCCONNELL) submitted the following functions are the shared responsibility worst airline disaster in history, has resolution; which was considered and of the FBI, the INS, and the State De- school administrators and instructors agreed to: partment. This legislation will provide asking themselves, ‘‘What if . . .’’ as S. RES. 162 U.S. consular officers and the INS, in- they look in the mirror every morning. Resolved, That the following named Mem- cluding inspectors at our ports of We need to take action now to re- bers be, and they are hereby, elected mem- entry, with electronic access to infor- move the doubts of the instructors as bers of the following joint committees of mation located within certain FBI well as restore confidence in student Congress: JOINT COMMITTEE ON PRINTING: Mr. Dayton, databases, such as the National Crime pilots engaged in valid training. That Information Center’s Interstate Identi- Mrs. Feinstein, Mr. Inouye, Mr. Cochran, and is why I am introducing legislation to Mr. Santorum. fication Index, the Wanted Persons require thorough background checks JOINT COMMITTEE OF CONGRESS ON THE LI- File, and other files maintained by the on foreign nationals seeking advanced BRARY: Mr. Dodd, Mr. Schumer, Mr. Dayton, National Crime Information Center. flight or jet aircraft training in Amer- Mr. Stevens, and Mr. Cochran. Electronic access to this information ican flight schools. will enable the State Department and f the INS to act immediately to identify At present the Federal Aviation Ad- high-risk criminals seeking admission ministration FAA, regulates course SENATE RESOLUTION 163—DESIG- to the United States or seeking other content at these schools and does it NATING THE WEEK OF SEP- immigration benefits. well, the U.S. has the best training pro- TEMBER 23, 2001, THROUGH SEP- Clearly, we must improve the secu- gram in the world and pilot certifi- TEMBER 29, 2001, AS ‘‘NATIONAL rity and intelligence capabilities of the cation from the FAA is considered the OVARIAN CANCER AWARENESS Nation. But we must do so without vio- industry ‘‘gold standard.’’ That is why WEEK’’ a large number of foreign students are lating the basic rights and liberties of Ms. LANDRIEU (for herself, Mrs. the American people. Our legislation attracted to American schools. And we MURRAY, Ms. COLLINS, Ms. SNOWE, Mrs. includes provisions to protect indi- want to continue to encourage foreign CARNAHAN, Mrs. HUTCHISON, Ms. CANT- vidual privacy. It authorizes the Sec- participation at our schools, it assures WELL, Mrs. FEINSTEIN, Ms. STABENOW, retary of State to draft regulations aviation safety world wide. Ms. MIKULSKI, Mrs. LINCOLN, Mrs. which will appropriately limit the use However, the FAA does not regulate BOXER, Mr. HATCH, and Mrs. CLINTON) of the FBI’s information. These regula- who can participate in pilot training, submitted the following resolution; tions will require the information to be be it glider plane basics or 757 advanced which was referred to the Committee safeguarded from unnecessary dissemi- training. More specifically, the re- on the Judiciary: nation, so that it is used only for the quirement for foreign students is lim- purpose of making decisions on the S. RES. 163 ited to demonstrated English pro- Whereas 1 out of every 55 women will de- issuance or denial of visas or immigra- ficiency and proper immigration docu- tion benefits, and so that its confiden- velop ovarian cancer at some point during mentation. her life; tiality will be maintained to protect Given the events of September 11, it Whereas over 70 percent of women with the privacy rights of those who are the ovarian cancer will not be diagnosed until subject of the information. is imperative that the screening proc- the cancer has spread beyond the ovaries; These steps are needed now. We must ess for pilot trainees be improved. As Whereas prompt diagnosis of ovarian can- also examine other ideas to improve such, the legislation I am introducing cer is crucial to effective treatment, with safety at the Nation’s borders and today mandates the completion of se- the chances of curing the disease before it strengthen our overall ability as much curity checks before foreign nationals has spread beyond the ovaries ranging from as possible to prevent future terrorist may commence advanced jet training. 85 to 90 percent, as compared to between 20 and 25 percent after the cancer has spread; attacks. Specifically, by requiring that the At- Whereas several easily identifiable factors, I urge all of my colleagues to support torney General carry out background particularly a family history of ovarian can- this important legislation. investigations on individuals seeking cer, can help determine how susceptible a such training, the legislation ensures a woman is to developing the disease; By Ms. SNOWE (for herself and comprehensive review against records Whereas effective early testing is available Mr. STEVENS): held by such agencies as the FBI, INS, to women who have a high risk of developing S. 1455. A bill to amend title 49, and DEA will be carried out prior to ovarian cancer; Whereas heightened public awareness can United States Code, to regulate the starting training on any simulator or training of aliens to operate jet-pro- make treatment of ovarian cancer more ef- jet powered aircraft. Also, given the re- fective for women who are at-risk; and pelled aircraft, and for other purposes; cent tragedies in New York, Wash- to the Committee on Commerce, Whereas the Senate, as an institution, and ington DC, and Pennsylvania, all for- Members of Congress, as individuals, are in Science, and Transportation. eign nationals currently in training unique positions to help raise awareness Ms. SNOWE. Madam President, I am would be required to stop until a satis- about the need for early diagnosis and treat- sure I am not alone in finding that one factory background check is com- ment for ovarian cancer: Now, therefore, be of the more disturbing revelations of it the investigation into the September 11 pleted. Resolved, That the Senate— terrorist attack on the World Trade I want to urge my colleagues to join (1) designates the week of September 23, Center and Pentagon is that over half me in taking this small but critical 2001, through September 29, 2001, as ‘‘Na- of the hijackers received flight instruc- step to prevent a repeat of unintention- tional Ovarian Cancer Awareness Week’’; and (2) requests that the President issue a tion at American facilities. Investiga- ally training those who would terrorize proclamation calling upon the people of the tors have named ten separate flying our cities and skies and ask for their United States to observe National Ovarian schools across the United States, from support in increasing security require- Cancer Awareness Week with appropriate California to Oklahoma to Florida, ments for flight training. ceremonies and activities.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9632 CONGRESSIONAL RECORD — SENATE September 21, 2001 SENATE CONCURRENT RESOLU- zures, and TS is transmitted either communities launch similar efforts on the TION 69—EXPRESSING SUPPORT through genetic inheritance or as a weekends of September 22 and 23, September FOR TUBEROUS SCLEROSIS spontaneous genetic mutation. It is the 29, and 30, and October 6 and 7, 2001; and Whereas the American Red Cross is desig- AWARENESS leading known cause of epilepsy, and nating an account to receive all Wash Amer- Mr. WARNER (for himself and Mr. may also cause brain, eye or kidney tu- ica funds, giving the children of this cam- HAGEL) submitted the following con- mors, hydrocephalus, and disfiguring paign the opportunity to participate in one current resolution; which was referred growths on the skin. At least two chil- of its largest fund-raising drives ever: Now, to the Committee on Health, Edu- dren born every day will be affected by therefore, be it TS, which affects 1 million people Resolved, by the Senate (the House of Rep- cation, Labor, and Pensions: resentatives concurring), That is is the sense worldwide of all races and ethnic S. CON. RES. 69 of the Congress that—— groups. Infants and children too often (1) salutes the young Americans who take Whereas at least two children born each spend their lives being misdiagnosed, part in Wash America events in their com- day will be affected with tuberous sclerosis; possibly leading to irreparable brain munities to help raise funds for the Amer- Whereas nearly one million people world- damage, Kidney failure, and even pre- ican Red Cross efforts in the wake of the ter- wide are known to have tuberous sclerosis; rorist attacks on the United States on Sep- Whereas tuberous sclerosis affects all races mature death. Because there is no cure for this dis- tember 11, 2001, and thanks them for doing and ethnic groups equally; their part to ‘‘Help Wash Away the Hurt’’ Whereas tuberous sclerosis is caused by ei- ease, early intervention is important in across the Nation. ther an inherited autosomal disorder or by a helping to overcome developmental Mr. WARNER. Madam President, spontaneous genetic mutation; delays. Passage of this important reso- September 11, 2001 was indeed one of Whereas when tuberous sclerosis is geneti- lution will help to raise the importance cally transmitted as an autosomal dominant the most tragic days in America’s his- of early detection and proper treat- disorder, a child with a parent with the gene tory. While our lives will never be the will have a 50-percent chance of inheriting ment of TS; encourage increased fund- same, I know that we will be better and the disease; ing for research and treatments; and stronger as a Nation. Whereas two-thirds of the cases of tuber- call upon the National Institutes of Regrettably, these loathsome, cow- ous sclerosis are believed to be a result of Health, NIH, to develop a research plan ardly acts of terrorism have deeply spontaneous mutation, although the cause of for TS. wounded our country, but they have such mutations is a mystery; For all of the families that are af- not, and will never dull, the spirit and Whereas diagnosis takes an average of 90 fected by this terrible disease, I ask days with consultation of at least three spe- resolve of the American people. My cialists; that my colleagues support this impor- thoughts and prayers are with those Whereas tuberous sclerosis frequently goes tant legislation. By helping America to who lost loved ones on that horrific undiagnosed because of the obsecurity of the learn about and understand tuberous day. My thanks and deep appreciation disease and the mild form the symptoms sclerosis, we will help to improve the go out to the many thousands who may take; and quality of life for many Americans. stepped up in the face of danger to as- Whereas the Congress as an institution, sist in the devastating aftermath, and and Members of Congress as individuals, are f in unique positions to help raise public who continued to work tirelessly at the SENATE CONCURRENT RESOLU- Pentagon, the World Trade Center, and awareness about the need for increased fund- TION 70—EXPRESSING THE ing for research, detection, and treatment of the Pennsylvania crash site. tuberous sclerosis and to support the fight SENSE OF THE CONGRESS IN During this time of crisis it is impor- against tuberous sclerosis: Now, therefore, SUPPORT OF THE ‘‘NATIONAL tant that we come together as a na- be it WASH AMERICA CAMPAIGN’’ tion. Thus far, the American people Resolved by the Senate (the House of Rep- Mr. WARNER (for himself and Mr. have responded in many different ways: resentatives concurring), That it is the sense ALLEN) submitted the following con- by donating blood, sending money, of the Congress that—— even participating in the rescue efforts (1) all Americans should take an active current resolution; which was referred role in the fight against tuberous sclerosis to the Committee on the Judiciary: underway in Virginia and New York. But, for one group of people, young by all means available to them, including S. CON. RES. 70 early and complete clinical testing and in- Americans, it has been especially dif- Whereas on September 11, 2001, the United ficult for them to find a meaningful vestigating family histories; States was victim to the worst terrorist at- (2) the role played by national and commu- tack on American soil, as hi-jacked aircraft outlet for their tremendous need to be nity organizations and health care providers were deliberately crashed into the World involved. in promoting awareness of the importance of Trade Center in New York, New York, and That is why I am so proud today to early diagnosis, testing, and ongoing screen- the Pentagon outside Washington, D.C.; rise in support of four Virginia young- ing should be recognized and applauded; Whereas the tragic events of September 11, sters, and to introduce a resolution on (3) the Federal Government has a responsi- 2001, have inflicted enormous emotional pain their behalf that will help share their bility to—— on Americans of all ages; remarkable and uplifting story with a (A) endeavor to raise awareness about the Whereas young Americans, who are gen- importance of the early detection of, and country in need of such stories. erally unable to donate blood, help with res- The Welch sisters, Ashley, Aubrey, proper treatment for, tuberous sclerosis; cue efforts, or make financial contributions, (B) increase funding for research so that are nevertheless sharing in the Nation’s pain Alyssa and Alana, might not have their the causes of, and improved treatment for, and are especially in need of a way to make father, Lt. Col. Tracy Welch, here tuberous sclerosis may be discovered; and a difference and help their country; today had a meeting he was due to at- (C) continue to consider ways to improve Whereas four young sister, Ashley, Aubrey, tend at the Pentagon in the morning of access to, and the quality of, health care Alyssa and Alana Welsh, from Annandale, September 11, 2001, not been postponed. services for detecting and treating tuberous Virginia, whose father serves in the military After the cowardly attacks on our sclerosis; and and narrowly avoided the Pentagon disaster, country, the Welch sisters, like so (4) the Director of the National Institutes resolved that they could make a difference of Health should take a leadership role in the many other Americans, went to donate by holding local car washes to raise funds for blood. However, because they were un- fight against tuberous sclerosis by acting the American Red Cross and to ‘‘help wash with appropriate offices within the National away the hurt’’; derage, they were turned away. Institutes of Health to provide to the Con- Whereas within forty-eight hours the Some might have stopped there, but gress a five-year research plan for tuberous young girls had involved hundreds of others these girls, aged 10–16, were determined sclerosis. and raised more than $10,000, all in one to make a difference. So, in two days, Mr. WARNER. Madam President, I Northern Virginia community; they organized four local car washes rise today to introduce a resolution to Whereas there are more than 100,000 and mobilized approximately one hun- help increase the awareness of tuberous schools across the United States, whose dred of their friends to help them wash sclerosis or TS. Even though 1,000,000 teachers, students, and parents are searching cars by urging their friends to ‘‘Help people worldwide are affected with this for ways to unite and help rebuild the Nation Wash the Hurt Away.’’ At the end of as the Welch sisters have done in their home disease, few are even aware of it. town; these two days, the Welch Sisters and TS is a genetic condition character- Whereas a National Wash America Cam- their friends raised $10,000 for the ized by lesions of the skin and central paign has been created with its own Internet American Red Cross. They called their nervous system, tumor growth and sei- site, www.WashAmerica.org, to help other effort ‘‘Wash America.’’

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9633 The Welch sisters are now taking ness about mental health: Now, therefore, be SENATE CONCURRENT RESOLU- their effort a step further, believing it TION 73—EXPRESSING THE PRO- that what can be accomplished in two Resolved by the Senate (the House of Rep- FOUND SORROW OF CONGRESS days in Annandale and Alexandria, Vir- resentatives concurring), That Congress— FOR THE DEATHS AND INJURIES ginia, can happen in cities and towns (1) designates the week of October 7 SUFFERED BY FIRST RESPOND- and rural areas across this country. through October 13, 2001, as ‘‘National Men- ERS AS THEY ENDEAVORED TO Accordingly, they decided to organize tal Health Awareness Week’’; SAVE INNOCENT PEOPLE IN THE (2) encourages all Americans to find out three consecutive ‘‘National Wash more about mental health services in their AFTERMATH OF THE TERRORIST America Weekends’’ to reach out to communities and seek mental health treat- ATTACKS ON THE WORLD TRADE millions of youth in more than 100,000 ment when necessary; and CENTER AND THE PENTAGON ON schools around America and to raise (3) requests that the President issue a SEPTEMBER 11, 2001 proclamation calling upon the people of the funds for the American Red Cross. Mr. NICKLES (for himself, Mr. Today, they have a Web site, United States and interested groups to ob- INHOFE, Mr. SCHUMER, Mrs. CLINTON, www.washamerica.org. a logo, and serve such week with appropriate ceremonies Mr. ALLEN Mr. MCCONNELL, Mr. CRAPO, companies pledging support. I am hon- and activities. Mr. LUGAR, Mr. WARNER, Mr. ROBERTS, ored that they asked me for support in Mr. MCCAIN, Mr. LEVIN, Mr. BIDEN, Mr. the United States Senate. f The resolution I introduce today will BAYH, Mr. JOHNSON, Mr. SARBANES, Mr. FITZGERALD, Mr. CLELAND, Ms. CANT- support these young Americans’ deter- SENATE CONCURRENT RESOLU- WELL, Mr. NELSON, of Florida, Mr. mination to create three, consecutive TION 72—EXPRESSING THE KOHL, Mr. KERRY, Mr. FEINGOLD, Mr. ‘‘National Wash America weekends.’’ SENSE OF CONGRESS THAT A BREAUX, Mr. LIEBERMAN, Ms. COLLINS, This resolution will serve as a vehicle COMMEMORATIVE POSTAGE and Mr. HUTCHINSON) submitted the fol- for my colleagues, by adding their STAMP SHOULD BE ISSUED HON- lowing concurrent resolution; which names as cosponsors, to similarly sup- ORING MARTHA MATILDA HAR- was referred to the Committee on the port Wash America events within their PER, AND THAT THE CITIZENS’ Judiciary states. And, most important, it salutes STAMP ADVISORY COMMITTEE every young person in America who is SHOULD RECOMMEND TO THE S. CON. RES. 73 doing his or her part to ‘‘Wash Away POSTMASTER GENERAL THAT Whereas law enforcement officers, fire- the Hurt.’’ SUCH A STAMP BE ISSUED fighters, and emergency medical personnel I urge my colleagues to support this are collectively known as first responders; important resolution. Ms. LANDRIEU (for herself, Ms. COL- Whereas following the terrorist attacks on the World Trade Center and the Pentagon on f LINS, and Ms. STABENOW) submitted the following concurrent resolution; which September 11, 2001, first responders reacted SENATE CONCURRENT RESOLU- immediately in evacuating and rescuing in- was referred to the Committee on Gov- nocent people from the buildings; TION 71—DESIGNATING THE ernmental Affairs: WEEK OF OCTOBER 7 THROUGH Whereas first responders also arrived S. CON. RES. 72 quickly at the crash site of United Airlines OCTOBER 13, 2001, AS ‘‘NATIONAL flight 93 in southwestern Pennsylvania; MENTAL HEALTH AWARENESS Whereas Martha Matilda Harper, after Whereas if it were not for the heroic efforts WEEK’’ spending much of the first 25 years of her life of first responders immediately after the ter- as a domestic servant, opened the Harper Ms. LANDRIEU submitted the fol- rorist attacks, numerous additional casual- Method Shops and School, a health-con- ties would have resulted from the attacks; lowing concurrent resolution; which scious hair and skin care store in Rochester, was referred to the Committee on the Whereas as the first emergency personnel New York, in 1888; to arrive at the scenes of the terrorist at- Judiciary: Whereas Martha Matilda Harper subse- tacks, first responders risked their lives in S. CON. RES. 71 quently expanded the business to include 2 their efforts to save others; Whereas mental health is defined by the international manufacturing centers, 5 Whereas while first responders were brave- state of emotional and psychological well- training schools, and over 500 beauty shops ly conducting the evacuation and rescue being in which an individual is able to use around the world; after the terrorist attacks on the World the individual’s cognitive and emotional ca- Whereas Martha Matilda Harper shared the Trade Center, the 2 towers of that complex pabilities, to function in society, and to opportunity of business ownership with collapsed, and many first responders them- meet the ordinary demands of everyday life; former servant women, and created the first selves became victims of the attacks; Whereas mental health disorders include, franchise business model; Whereas the everyday well-being, security, depression, substance abuse, anxiety, Alz- Whereas customers of Harper shops in- and safety of Americans depend upon the of- heimer’s disease, autism, bipolar illness, and cluded world leaders, socialites, and suffra- ficial duties of first responders; panic attacks; gists, such as Presidents Woodrow Wilson Whereas in addition to their official duties, Whereas more than 51,000,000 individuals in and Calvin Coolidge, Kaiser Wilhelm II, first responders around the Nation partici- the United States suffer from a mental ill- Prime Minister Anthony Eden, First Ladies pate in planning, training, and exercises to ness in a single year, but only 8,000,000 seek Jacqueline Kennedy and Lady Bird Johnson, respond to terrorist attacks; treatment; and Susan B. Anthony; Whereas emergency managers, public Whereas 40,000,000 adults in the United Whereas Martha Matilda Harper’s 19th cen- health officials, and medical care providers States are affected by 1 or more mental dis- tury management practices, which included also invest significant time in planning, orders; a customer-oriented focus, an equitable rela- training, and exercises to better respond to Whereas 6,500,000 individuals in the United tionship with staff, a childcare center in terrorist attacks in the United States; States are disabled by severe mental illness; each shop, and the manufacture and pro- Whereas the Nation has not forgotten the Whereas the Surgeon General has reported motion of organic products and procedures, heroic efforts of first responders after the that 4 out of 10 of the leading causes of dis- would be contemporary by today’s standards; bombing of the World Trade Center on Feb- ability for persons age 5 and older are mental Whereas franchising now dominates retail ruary 26, 1993, and the bombing of the Alfred disorders; business (with a new franchise opening every P. Murrah Federal Building in Oklahoma Whereas 5.4 percent of the adult population 8 minutes) and generates more than City, Oklahoma, on April 19, 1995; in the United States suffers from a ‘‘serious’’ $1,000,000,000,000 in revenues annually; and Whereas there are numerous Federal pro- mental illness which interferes with some Whereas, for her accomplishments, Martha grams that help prepare first responders area of their social functioning; Matilda Harper has been referred to by some from across the Nation, including the Do- Whereas children and adolescents, like as the ‘‘mother of franchising’’: Now, there- mestic Preparedness Program and other adults, have mental health problems that fore, be it training and exercise programs administered can lead to school failure, family conflicts, Resolved by the Senate (the House of Rep- by the Department of Justice; drug abuse, violence, and suicide; resentatives concurring), That it is the sense Whereas there are also domestic prepared- Whereas education and awareness about of Congress that— ness programs administered by the Federal mental health and mental health services (1) a commemorative postage stamp should Emergency Management Agency, which to- are necessary to detection and treatment; be issued honoring Martha Matilda Harper; gether with the programs of the Department and and of Justice support State and local first re- Whereas Congress, as an institution, and (2) the Citizens’ Stamp Advisory Com- sponders with funding, training, equipment the Members of Congress, as individuals, mittee should recommend to the Postmaster acquisition, technical assistance, exercise have the unique possibility of raising aware- General that such a stamp be issued. planning, and execution;

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9634 CONGRESSIONAL RECORD — SENATE September 21, 2001 Whereas many of the first responders who first responders after the 1993 World SA 1604. Mr. LOTT (for himself and Mr. participate in such programs do so on their Trade Center and the 1995 Oklahoma COCHRAN) submitted an amendment intended own time; City bombings. to be proposed by him to the bill S. 1438, Whereas an effective response of local first First Responders exemplify great supra ; which was ordered to lie on the table. responders to a terrorist attack saves lives; SA 1605. Mr. TORRICELLI (for himself, Mr. courage and patriotism in the darkest and CARPER, and Mr. CORZINE) submitted an Whereas in response to a terrorist attack, of hours and for this we are most grate- amendment intended to be proposed by him first responders are exposed to a high risk of ful. to the bill S. 1438, supra; which was ordered bodily harm and death as the first line of de- f to lie on the table. fense of the United States in managing the SA 1606. Mr. ALLARD (for himself and Mr. aftermath of the attack: Now, therefore, be AMENDMENTS SUBMITTED AND SMITH, of New Hampshire) submitted an it PROPOSED amendment intended to be proposed by him Resolved by the Senate (the House of Rep- SA 1587. Mr. INHOFE submitted an amend- to the bill S. 1438, supra; which was ordered resentatives concurring), That Congress— ment intended to be proposed by him to the to lie on the table. SA 1607. Mr. BINGAMAN (for himself and (1) expresses its profound sorrow for the bill S. 1438, to authorize appropriations for Mr. DOMENICI) submitted an amendment in- deaths and injuries suffered by first respond- fiscal year 2002 for military activities of the tended to be proposed by him to the bill S. ers as they endeavored to save innocent peo- Department of Defense, for military con- 1438, supra; which was ordered to lie on the ple in the aftermath of the terrorist attacks structions, and for defense activities of the table. on the World Trade Center and the Pentagon Department of Energy, to prescribe per- SA 1608. Mr. HUTCHINSON submitted an on September 11, 2001; sonnel strengths for such fiscal year for the amendment intended to be proposed by him (2) expresses its deepest sympathies to the Armed Forces, and for other purposes; which to the bill S. 1438, supra; which was ordered families and loved ones of the fallen first re- was ordered to lie on the table. to lie on the table. sponders; SA 1588. Mr. INHOFE submitted an amend- SA 1609. Mr. HUTCHINSON submitted an (3) honors and commends the first respond- ment intended to be proposed by him to the amendment intended to be proposed by him ers who participated in evacuating and res- bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered cuing the innocent people in the World Trade on the table. to lie on the table. Center and the Pentagon after the terrorist SA 1589. Mr. INHOFE submitted an amend- SA 1610. Mr. SANTORUM submitted an attacks; ment intended to be proposed by him to the amendment intended to be proposed by him (4) encourages the President to issue a bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered proclamation calling upon the people of the on the table. to lie on the table. United States to pay respect to the first re- SA 1590. Mr. INHOFE submitted an amend- SA 1611. Mr. SANTORUM submitted an sponder community for their service in the ment intended to be proposed by him to the amendment intended to be proposed by him aftermath of the terrorist attacks and their bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered continuing efforts to save lives; and on the table. (5) encourages all levels of government to to lie on the table. SA 1591. Mr. INHOFE submitted an amend- SA 1612. Mrs. HUTCHISON submitted an continue to work together to effectively co- ment intended to be proposed by him to the amendment intended to be proposed by her ordinate emergency preparedness by pro- bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered viding the infrastructure, funding, and inter- on the table. to lie on the table. agency communication and cooperation nec- SA 1592. Mr. INHOFE submitted an amend- SA 1613. Mr. SMITH, of New Hampshire essary to ensure that if an attack occurs, ment intended to be proposed by him to the submitted an amendment intended to be pro- first responders will be as prepared as pos- bill S. 1438, supra; which was ordered to lie posed by him to the bill S. 1438, supra; which sible to respond effectively. on the table. was ordered to lie on the table. Mr. NICKLES. Madam President, it SA 1593. Mr. INHOFE submitted an amend- SA 1614. Mr. SMITH, of New Hampshire is with great honor that I introduce ment intended to be proposed by him to the submitted an amendment intended to be pro- this concurrent resolution on behalf of bill S. 1438, supra; which was ordered to lie posed by him to the bill S. 1438, supra; which on the table. was ordered to lie on the table. Senator INHOFE, Senator SCHUMER, SA 1594. Mr. INHOFE submitted an amend- SA 1615. Mr. REID (for Mr. SARBANES (for Senator CLINTON, and myself, as well as ment intended to be proposed by him to the himself and Mr. GRAMM)) proposed an amend- many other original co-sponsors. bill S. 1438, supra; which was ordered to lie The resolution expresses Congress’ ment to the bill H.R. 2510, to extend the expi- on the table. ration date of the Defense Production Act of SA 1595. Mr. INHOFE submitted an amend- profound sorrow for the loss of life and 1950, and for other purposes. ment intended to be proposed by him to the injuries suffered by ‘‘first responders’’ SA 1616. Mr. REID (for Mr. HOLLINGS (for bill S. 1438, supra; which was ordered to lie as a result of their efforts to save inno- himself and Mr. GREGG)) proposed an amend- cent Americans in the aftermath of the on the table. ment to the bill H.R. 2500, making appropria- SA 1596. Mr. INHOFE submitted an amend- tions for the Departments of Commerce, Jus- World Trade Center, Pentagon and ment intended to be proposed by him to the tice, and State, the Judiciary, and related Pennsylvania disasters on September bill S. 1438, supra; which was ordered to lie agencies for the fiscal year ending Sep- 11, 2001. It also expresses our deepest on the table. tember 30, 2002, and for other purposes. condolences to the families and loved SA 1597. Mr. INHOFE submitted an amend- ones of the first responders who will ment intended to be proposed by him to the f never again return home. bill S. 1438, supra; which was ordered to lie TEXT OF AMENDMENTS Last Tuesday, in New York City and on the table. Mr. INHOFE submitted an at the Pentagon, law enforcement, fire- SA 1598. Mr. LEVIN (for himself and Mr. SA 1587. fighters, and emergency medical per- WARNER) proposed an amendment to the bill amendment intended to be proposed by S. 1438, supra. him to the bill S. 1438, to authorize ap- sonnel (first responders) were the first SA 1599. Mr. LOTT submitted an amend- public-service personnel on the scene. propriations for fiscal year 2002 for ment intended to be proposed by him to the military activities of the Department If it were not for their heroic efforts bill S. 1438, supra; which was ordered to lie immediately after these attacks, the on the table. of Defense, for military constructions, death toll would be much higher. SA 1600. Mr. LOTT (for himself, Mr. HUTCH- and for defense activities of the De- We also believe that it is important INSON, Mr. COCHRAN, and Mr. STEVENS) sub- partment of Energy, to prescribe for America to better understand the mitted an amendment intended to be pro- strengths for such fiscal year for the daily activities and responsibilities of posed by him to the bill S. 1438, supra; which Armed Forces, and for other purpose; was ordered to lie on the table. first responders. Our everyday well- which was ordered to lie on the table; SA 1601. Mr. LOTT (for himself, Mr. BUN- as follows: being, security and safety depend upon NING, Mr. HUTCHINSON, Mr. COCHRAN, Mr. first responders’ official duties. In STEVENS, and Mrs. HUTCHISON) submitted an At the end of title IX, add the following: preparation for these tragedies, first amendment intended to be proposed by him SEC. 908. POSITION OF DEPUTY UNDER SEC- responders around the country plan, to the bill S. 1438, supra; which was ordered RETARY OF DEFENSE (DEPUTY COMPTROLLER). train and exercise for mass-casualty to lie on the table. SA 1602. Mr. ALLARD submitted an (e) ESTABLISHMENT OF POSITION.—Chapter 4 events. Our resolution recognizes the of title 10, United States Code, is amended by hard work and dedication of ‘‘first re- amendment intended to be proposed by him to the bill S. 1438, supra; which was ordered inserting after section 135 the following new sponder’’ personnel and thanks them to lie on the table. section: for the long hours of training that SA 1603. Mr. LOTT (for himself and Mr. ‘‘§ 135a. Deputy Under Secretary of Defense many participate in on their own time. COCHRAN) submitted an amendment intended (Deputy Comptroller) In addition, this resolution recog- to be proposed by him to the bill S. 1438, ‘‘(a) There is a Deputy Under Secretary of nizes the hard work and dedication of supra ; which was ordered to lie on the table. Defense (Deputy Comptroller) appointed

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9635 from civilian life by the President, by and At the end of subtitle C of title X, add the against any foreign country or government with the advice and consent of the Senate. following: (including any agency or instrumentality ‘‘(b) The Deputy Under Secretary of De- SEC. 1027. REPEAL OF REQUIREMENT FOR thereof) or any foreign entity if the Presi- fense (Deputy Comptroller) shall assist the MONTHLY REPORTS ON ALLOCA- dent determines that to do so would assist in Under Secretary of Defense (Comptroller) in TION OF FUNDS WITHIN OPERATION efforts to combat global terrorism or is oth- the performance of his duties. The Deputy AND MAINTENANCE BUDGET SUB- erwise in the national security interests of Under Secretary of Defense (Deputy Comp- ACTIVITIES. the United States. troller) shall act for, and exercise the powers (a) REPEAL.—Section 228 of title 10, United (b) CONGRESSIONAL NOTIFICATION.—Not less of, the Under Secretary when the Under Sec- States Code, is repealed. than 30 days prior to the exercise of any retary is absent or disabled.’’. (b) CLERICAL AMENDMENT.—The table of waiver authorized by subsection (a), the (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such President shall notify Congress of his inten- sections at the beginning of such chapter is title is amended by striking the item relat- tion to exercise the waiver, together with an amended by inserting after the item relating ing to section 228. explanation of his reasons for the waiver. to section 135 following new item: (c) SANCTION DEFINED.—In this section, the ‘‘135a. Deputy Under Secretary of Defense SA 1591. Mr. INHOFE submitted an term ‘‘sanction’’ means any prohibition or (Deputy Comptroller).’’. amendment intended to be proposed by restriction with respect to a foreign country him to the bill S. 1438, to authorize ap- or government or foreign entity that is im- SA 1588. Mr. INHOFE submitted an propriations for fiscal year 2002 for posed by the United States for reasons of for- amendment intended to be proposed by military activities of the Department eign policy or national security, except in a him to the bill S. 1438, to authorize ap- of Defense, for military constructions, case in which the United States imposes the propriations for fiscal year 2002 for and for defense activities of the De- measure pursuant to— military activities of the Department (1) a multilateral regime and the other partment of Energy, to prescribe per- member countries of that regime have of Defense, for military constructions, sonnel strengths for such fiscal year agreed to impose substantially equivalent and for defense activities of the De- for the Armed Forces, and for other measures; or partment of Energy, to prescribe purposes; which was ordered to lie on (2) a mandatory decision of the United Na- strengths for such fiscal year for the the table; as follows: tions Security Council. Armed Forces, and for other purpose; At the end of subtitle C of title X, add the which was ordered to lie on the table; following: SA 1594. Mr. INHOFE submitted an as follows: SEC. 1027. CONTENT OF PERIODIC REPORT ON amendment intended to be proposed by At the end of subtitle D of title III, add the COMBAT SUPPORT AGENCIES. him to the bill S. 1438, to authorize ap- following: Section 193(a)(1) of title 10, United States propriations for fiscal year 2002 for SEC. 335. REAUTHORIZATION OF WARRANTY Code, is amended— military activities of the Department CLAIMS RECOVERY PILOT PRO- (1) by striking ‘‘and’’ at the end of subpara- of Defense, for military constructions, GRAM. graph (A); and for defense activities of the De- (a) EXTENSION OF AUTHORITY.—Subsection (2) by redesignating subparagraph (B) as partment of Energy, to prescribe per- (f) of section 391 of the National Defense Au- subparagraph (C); and thorization Act for Fiscal Year 1998 (Public (3) by inserting after subparagraph (A) the sonnel strengths for such fiscal year Law 105–85; 111 Stat. 1716; 10 U.S.C. 2304 note) following new subparagraph (B): for the Armed Forces, and for other is amended by striking ‘‘September 30, 1999’’ ‘‘(B) a determination with respect to the purposes; which was ordered to lie on and inserting ‘‘September 30, 2003’’. effectiveness and efficiency of each such the table; as follows: (b) REPORTING REQUIREMENTS.—Subsection agency to support the armed forces; and’’. At the end of subtitle D of title III, add the (g) of such section is amended— following: (1) in paragraph (1), by striking ‘‘January SA 1592. Mr. INHOFE submitted an SEC. 335. REVISION OF AUTHORITY TO WAIVE 1, 2000’’ and inserting ‘‘January 1, 2003’’; and amendment intended to be proposed by LIMITATION ON PERFORMANCE OF (2) in paragraph (2), by striking ‘‘March 1, him to the bill S. 1438, to authorize ap- DEPOT-LEVEL MAINTENANCE. 2000’’ and inserting ‘‘March 1, 2003’’. propriations for fiscal year 2002 for Section 2466(c) of title 10, United States military activities of the Department Code, is amended to read as follows: SA 1589. Mr. INHOFE submitted an ‘‘(c) WAIVER OF LIMITATION.—(1) The Presi- amendment intended to be proposed by of Defense, for military constructions, dent may waive the limitation in subsection him to the bill S. 1438, to authorize ap- and for defense activities of the De- (a) for a fiscal year if— propriations for fiscal year 2002 for partment of Energy, to prescribe per- ‘‘(A) the President determines that— military activities of the Department sonnel strengths for such fiscal year ‘‘(i) the waiver is necessary for reasons of of Defense, for military constructions, for the Armed Forces, and for other national security; and ‘‘(ii) compliance with the limitation can- and for defense activities of the De- purposes; which was ordered to lie on the table; as follows: not be achieved through effective manage- partment of Energy, to prescribe per- ment of depot operations consistent with sonnel strengths for such fiscal year At the end of title IX, add the following: those reasons; and for the Armed Forces, and for other SEC. 908. REPEAL OF LIMITATION ON NUMBER ‘‘(B) the President submits to Congress a purposes; which was ordered to lie on OF PERSONNEL IN THE OFFICE OF notification of the waiver together with— THE SECRETARY OF DEFENSE. ‘‘(i) a discussion of the reasons for the the table; as follows: (a) REPEAL.—Section 143 of title 10, United waiver; and At the end of subtitle D of title III, add the States Code, is repealed. ‘‘(ii) the plan for terminating the waiver following: (b) CLERICAL AMENDMENT.—The table of and complying with the limitation within SEC. 335. COMPLIANCE OF THE DEFENSE AUTO- sections at the beginning of chapter 4 of title two years after the date of the first exercise MATED PRINTING SERVICE WITH 10, United States Code, is amended by strik- of the waiver authority under this sub- FEDERAL PRINTING REQUIRE- ing the item relating to section 143. MENTS. section. (a) REPEAL OF REQUIREMENT.—Section 195 SA 1593. Mr. INHOFE submitted an ‘‘(2) The President may delegate only to the Secretary of Defense authority to exer- of title 10, United States Code, is repealed. amendment intended to be proposed by (b) CLERICAL AMENDMENT.—The table of cise the waiver authority of the President sections at the beginning of subchapter I of him to the bill S. 1438, to authorize ap- under paragraph (1).’’. chapter 8 of such title is amended by strik- propriations for fiscal year 2002 for ing the item relating to section 195. military activities of the Department SA 1595. Mr. INHOFE submitted an of Defense, for military constructions, amendment intended to be proposed by SA 1590. Mr. INHOFE submitted an and for defense activities of the De- him to the bill S. 1438, to authorize ap- amendment intended to be proposed by partment of Energy, to prescribe per- propriations for fiscal year 2002 for him to the bill S. 1438, to authorize ap- sonnel strengths for such fiscal year military activities of the Department propriations for fiscal year 2002 for for the Armed Forces, and for other of Defense, for military constructions, military activities of the Department purposes; which was ordered to lie on and for defense activities of the De- of Defense, for military constructions, the table; as follows: partment of Energy, to prescribe per- and for defense activities of the De- At the end of subtitle B of title XII, add sonnel strengths for such fiscal year partment of Energy, to prescribe per- the following: for the Armed Forces, and for other sonnel strengths for such fiscal year SEC. 1217. AUTHORITY TO WAIVE SANCTIONS. purposes; which was ordered to lie on for the Armed Forces, and for other (a) AUTHORITY.—Notwithstanding any the table; as follows: purposes; which was ordered to lie on other provision of law, the President is au- On page 380, after line 15, insert the fol- the table; as follows: thorized to waive any sanction imposed lowing:

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9636 CONGRESSIONAL RECORD — SENATE September 21, 2001 SEC. 1066. CLOSURE OF VIEQUES NAVAL TRAIN- of Defense, for military constructions, gas, and electricity and the related impacts ING RANGE. and for defense activities of the De- on American consumers, including the poor (a) CONDITIONAL AUTHORITY.—Title XV of and the elderly. the Floyd D. Spence National Defense Au- partment of Energy, to prescribe per- sonnel strengths for such fiscal year (b) PURPOSES.—The purposes of this divi- thorization Act for Fiscal Year 2001 (as en- sion are to protect the energy security of the acted by Public Law 106–398; 114 Stat. 1654A– for the Armed Forces, and for other United States by decreasing America’s de- 348) is amended by striking sections 1503 and purposes; which was ordered to lie on pendence on foreign oil sources to not more 1504 and inserting the following new section: the table; as follows: than 50 percent by 2010, by enhancing the use ‘‘SEC. 1503. CONDITIONS ON CLOSURE OF At the end of the bill, add the following: of renewable energy resources, conserving VIEQUES NAVAL TRAINING RANGE. DIVISION D—NATIONAL ENERGY energy resources (including improving en- The Secretary of the Navy may close the SECURITY ergy efficiencies), and increasing domestic Vieques Naval Training Range on the island energy supplies, improving environmental of Vieques, Puerto Rico, and discontinue SEC. 4001. ENACTMENT OF ENERGY PROVISIONS. quality by reducing emissions of air pollut- live-fire training at that range only if the The provisions of H.R. 4 of the 107th Con- ants and greenhouse gases, and mitigating Chief of Naval Operations and the Com- gress, as passed by the House of Representa- the immediate effect of increases in energy mandant of the Marine Corps jointly certify tives on August 2, 2001, are enacted into law. prices on the American consumer, including that the training range is no longer needed the poor and the elderly. Mr. INHOFE submitted an for the training of units of the Navy and the SA 1597. TITLE I—GENERAL PROVISIONS TO PRO- Marine Corps stationed or deployed in the amendment intended to be proposed by TECT ENERGY SUPPLY AND SECURITY eastern United States.’’. him to the bill S. 1438, to authorize ap- SEC. 4101. CONSULTATION AND REPORT ON FED- (b) ACTIONS RELATED TO CLOSURE.—(1) Sec- propriations for fiscal year 2002 for ERAL AGENCY ACTIONS AFFECTING tion 1505 of such Act (114 Stat. 1654A–353) is military activities of the Department DOMESTIC ENERGY SUPPLY. amended— of Defense, for military constructions, Prior to taking or initiating any action (A) by striking subsection (a) and inserting and for defense activities of the De- that could have a significant adverse effect the following: on the availability or supply of domestic en- ‘‘(a) TIME FOR TAKING ACTIONS.—The ac- partment of Energy, to prescribe per- sonnel strengths for such fiscal year ergy resources or on the domestic capability tions required or authorized under this sec- to distribute or transport such resources, the tion may only be taken upon the closure of for the Armed Forces, and for other head of a Federal agency proposing or par- the Vieques Naval Training Range by the purposes; which was ordered to lie on ticipating in such action shall notify the Secretary of the Navy.’’; the table; as follows: Secretary of Energy in writing of the nature (B) in subsection (b)(1), by striking ‘‘Not At the end of the bill, add the following: and scope of the action, the need for such ac- later than May 1, 2003, the’’ and inserting tion, the potential effect of such action on DIVISION D—NATIONAL ENERGY ‘‘The’’; energy resource supplies, price, distribution, SECURITY (C) in subsection (d)(1), by striking ‘‘pend- and transportation, and any alternatives to ing the enactment of a law that addresses SEC. 4001. SHORT TITLE. such action or options to mitigate the effects the disposition of such properties’’; This division may be cited as the ‘‘Na- and shall provide the Secretary of Energy (D) in subsection (e)(2), ‘‘the referendum tional Energy Security Act of 2001’’. with adequate time to review the proposed under section 1503’’ and all that follows and SEC. 4002. FINDINGS AND PURPOSES. action and make recommendations to avoid inserting ‘‘the Secretary of the Navy closes (a) FINDINGS.—Congress finds that— or minimize the adverse effect of the pro- the Vieques Naval Training Range.’’; and (1) increasing dependence on foreign posed action. The proposing agency shall (E) by adding at the end the following new sources of oil causes systemic harm to all consider any such recommendations made by subsection: sectors of the United States economy, the Secretary of Energy. The Secretary of ‘‘(f) MILITARY USE OF TRANSFERRED PROP- threatens national security, undermines the Energy shall provide an annual report to the ERTY DURING WAR OR NATIONAL EMER- ability of Federal, State, and local units of Committee on Energy and Natural Resources GENCY.— government to provide essential services, of the United States Senate and to the ap- ‘‘(1) TEMPORARY TRANSFER BY SECRETARY and jeopardizes the peace, security, and wel- propriate committees of the House of Rep- OF THE INTERIOR.—Upon a declaration of war fare of the American people; resentatives on all actions brought to his at- by Congress or a declaration of a national (2) dependence on imports of foreign oil tention, what mitigation or alternatives, if emergency by the President or Congress, the was 46 percent in 1992, rose to more than 55 any, were implemented, and what the short- Secretary of the Interior shall transfer the percent by the beginning of 2000, and is esti- term, mid-term, and long-term effect of the administrative jurisdiction of the Live Im- mated by the Department of Energy to rise final action will likely be on domestic en- pact Area to the Secretary of the Navy not- to 65 percent by 2020 unless current policies ergy resource supplies and their develop- withstanding the requirement to retain the are altered; ment, distribution, or transmission. property under subsection (d)(1). (3) even with increased energy efficiency, SEC. 4102. ANNUAL REPORT ON UNITED STATES ‘‘(2) TRAINING AUTHORIZED.—Training of the energy use in the United States is expected ENERGY INDEPENDENCE. Armed Forces may be conducted in the Live to increase 27 percent by 2020; (a) REPORT.—Beginning on October 1, 2001, Impact Area while the property is under the (4) the United States lacks a comprehen- and annually thereafter, the Secretary of administrative jurisdiction of the Secretary sive national energy policy and has taken ac- Energy, in consultation with the Secretary of the Navy pursuant to a transfer made tions that limit the availability and capa- of Defense and the heads of other relevant under that paragraph (1). The training may bility of the domestic energy sources of oil Federal agencies, shall submit a report to include live-fire training. Subsection (b) and gas, coal, nuclear and hydroelectric; the President and Congress which evaluates shall not apply to training authorized under (5) a comprehensive energy strategy must the progress the United States has made to- this paragraph. be developed to combat this trend, decrease ward obtaining the goal of not more than 50 ‘‘(3) RETURN OF PROPERTY TO SECRETARY OF the United States dependence on imported percent dependence on foreign oil sources by THE INTERIOR.—Upon the termination of the oil supplies and strengthen our national en- 2010. war or national emergency necessitating the ergy security; (b) ALTERNATIVES.—The report shall speci- transfer of administrative jurisdiction under (6) this comprehensive strategy must de- fy legislative or administrative actions that paragraph (1), the Secretary of the Navy crease the United States dependence on for- must be implemented to meet this goal and shall transfer the administrative jurisdiction eign oil supplies to not more than 50 percent set forth a range of options and alternatives of the Live Impact Area to the Secretary of by the year 2011; with a benefit/cost analysis for each option the Interior, who shall assume responsibility (7) this comprehensive energy strategy or alternative together with an estimate of for the property and administer the property must be multi-faceted and enhance the use of the contribution each option or alternative in accordance with subsection (d).’’. renewable energy resources (including hy- could make to reduce foreign oil imports. (2) The heading of such section is amended droelectric, solar, wind, geothermal and bio- The Secretary shall solicit information from to read as follows: mass), conserve energy resources (including the public and request information from the ‘‘SEC. 1505. ACTIONS UPON CLOSURE OF THE improving energy efficiencies), and increase Energy Information Agency and other agen- VIEQUES NAVAL TRAINING RANGE.’’. domestic supplies of conventional energy re- cies to develop the report. The report shall (c) CONFORMING AMENDMENT.—Section sources (including oil, natural gas, coal, and indicate, in detail, options and alternatives 1507(c) of such Act is amended by striking nuclear); to (1) increase the use of renewable domestic ‘‘the issuance of a proclamation described in (8) conservation efforts and alternative energy sources, including conventional and section 1504(a) or’’. fuels alone will not enable America to meet non-conventional sources such as, but not Mr. INHOFE submitted an this goal as conventional energy sources sup- limited to, increased hydroelectric genera- SA 1596. ply 96 percent of America’s power at this tion at existing Federal facilities, (2) con- amendment intended to be proposed by time; and serve energy resources, including improving him to the bill S. 1438, to authorize ap- (9) immediate actions must also be taken efficiencies and decreasing consumption, and propriations for fiscal year 2002 for to mitigate the economic effects of recent (3) increase domestic production and use of military activities of the Department increases in the price of crude oil, natural oil, natural gas, nuclear, and coal, including

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9637 any actions necessary to provide access to, hydroelectric power, whether the facility is (1) involve national laboratories, univer- and transportation of, these energy re- currently generating hydroelectric power, sities, the commercial nuclear industry, and sources. and the costs to install, upgrade, modify, or other organizations to investigate tech- (c) REFINERY CAPACITY.—As part of the re- take other actions to increase the hydro- nologies for the treatment, recycling, and ports submitted in 2001, 2005, and 2008, the electric generating capability of the facility. disposal of spent nuclear fuel and high-level Secretary shall examine and report on the For each facility that currently has hydro- radioactive waste; condition of the domestic refinery industry electric generating equipment, the report (2) develop a research plan to provide rec- and the extent of domestic storage capacity shall indicate the condition of such equip- ommendations by 2015; for various categories of petroleum products ment, maintenance requirements, and sched- (3) identify technologies for the treatment, and make such recommendations as he be- ule for any improvements as well as the pur- recycling, and disposal of spent nuclear fuel lieves will enhance domestic capabilities to poses for which power is generated; and and high-level radioactive waste; respond to short-term shortages of various (2) describe what actions are planned or (4) conduct research and development ac- fuels due to climate or supply interruptions underway to increase hydroelectric produc- tivities on such technologies; and ensure long-term supplies on a reliable tion from facilities under his jurisdiction (5) ensure that all activities include as key and affordable basis. and shall include any recommendations the objectives minimization of proliferation con- (d) NOTIFICATION TO CONGRESS.—Whenever Secretary deems advisable to increase such cerns and risk to health of the general public the Secretary determines that stocks of pe- production, reduce costs, and improve effi- or site workers, as well as development of troleum products have declined or are antici- ciency at Federal facilities, including, but cost-effective technologies; pated to decline to levels that would jeop- not limited to, use of lease of power privilege (6) require research on both reactor- and ardize national security or threaten supply and contracting with non-Federal entities accelerator-based transmutation systems; shortages or price increases on a national or for operation and maintenance. (7) require research on advanced processing regional basis, he shall immediately notify SEC. 4106. NUCLEAR GENERATION STUDY. and separations; Congress of the situation and shall make The Chairman of the Nuclear Regulatory (8) encourage that research efforts include such recommendations for administrative or Commission shall submit a report to Con- participation of international collaborators; legislative action as he believes are nec- gress not later than 180 days after the date of (9) be authorized to fund international col- essary to alleviate the situation. enactment of this Act on the state of nuclear laborators when they bring unique capabili- ties not available in the United States and SEC. 4103. STRATEGIC PETROLEUM RESERVE power generation and production in the STUDY AND REPORT. United States and the potential for increas- their host country is unable to provide for their support; and The President shall immediately establish ing nuclear generating capacity and produc- (10) ensure that research efforts with the an Interagency Panel on the Strategic Petro- tion as part of this Nation’s energy mix. The Office are coordinated with research on ad- leum Study (referred to in this section as the report shall include an assessment of agency vanced fuel cycles and reactors conducted ‘‘Panel’’) to study oil markets and estimate readiness to license new advanced reactor within the Office of Nuclear Energy Science the extent and frequency of fluctuations in designs and discuss the needed confirmatory and anticipatory research activities that and Technology. the supply and price of, and demand for (f) REPORT.—The Associate Director of the crude oil in the future and determine appro- would support such a state of readiness. The report shall also review the status of the re- Office of Spent Nuclear Fuel Research shall priate capacity of and uses for the Strategic annually prepare and submit a report to Con- Petroleum Reserve. The Panel may rec- licensing process for civilian nuclear power plants, including current and anticipated ap- gress on the activities and expenditures of ommend changes in existing authorities to plications, and recommendations for im- the Office, including the progress that has strengthen the ability of the Strategic Pe- provements in the process, including, but not been made to achieve the objectives of sub- troleum Reserve to respond to energy re- limited to recommendations for expediting section (c). quirements. The Panel shall complete its the process and ensuring that relicensing is SEC. 4108. STUDY AND REPORT ON STATUS OF study and submit a report containing its accomplished in a timely manner. DOMESTIC REFINING INDUSTRY AND findings and any recommendations to the PRODUCT DISTRIBUTION SYSTEM. SEC. 4107. DEVELOPMENT OF A NATIONAL SPENT President and Congress within 6 months NUCLEAR FUEL STRATEGY AND ES- (a) ANNUAL REPORT.—The Secretary of En- from the date of enactment of this Act. TABLISHMENT OF AN OFFICE OF ergy, in consultation with the Administrator SEC. 4104. STUDY OF EXISTING RIGHTS-OF-WAY SPENT NUCLEAR FUEL RESEARCH. of the Environmental Protection Agency, TO DETERMINE CAPABILITY TO SUP- (a) DETERMINATION BY CONGRESS.—Prior to the States, the National Petroleum Council, PORT NEW PIPELINES OR OTHER the Federal Government taking any irrevers- and other representatives of the petroleum TRANSMISSION FACILITIES. ible action relating to the disposal of spent refining, distribution and retailing indus- Not later than 1 year after the date of en- nuclear fuel, Congress must determine tries, shall submit a report to Congress on actment of this Act, the head of each Federal whether the spent fuel should be treated as the condition of the domestic petroleum re- agency that has authorized a right-of-way waste subject to permanent burial or should fining industry and the petroleum product across Federal lands for transportation of be considered an energy resource that is distribution system. The first such report energy supplies or transmission of elec- needed to meet future energy requirements. shall be submitted not later than January 1, tricity shall review each such right-of-way (b) OFFICE OF SPENT NUCLEAR FUEL RE- 2002, and revised annually thereafter. and submit a report to the Secretary of En- SEARCH.—There is hereby established an Of- (b) RECOMMENDATIONS.—Each annual re- ergy and the Chairman of the Federal En- fice of Spent Nuclear Fuel Research (referred port shall include any recommendations that ergy Regulatory Commission whether the to in this section as the ‘‘Office’’) within the the Secretary believes should be imple- right-of-way can be used to support new or Office of Nuclear Energy Science and Tech- mented either through legislation or regula- additional capacity and what modifications nology of the Department of Energy. The Of- tion to ensure that there is adequate domes- or other changes, if any, would be necessary fice shall be headed by the Associate Direc- tic refining capacity and motor fuel supplies to accommodate such additional capacity. In tor, who shall be a member of the Senior Ex- to meet the economic, social, and security requirements of the United States. performing the review, the head of each ecutive Service appointed by the Director of the Office of Nuclear Energy Science and (c) PREPARATION.—In preparing each an- agency shall consult with agencies of State nual report, the Secretary shall— or local units of government as appropriate Technology, and compensated at a rate de- termined by applicable law. (1) provide an assessment of the condition and consider whether safety or other con- of the domestic petroleum refining industry cerns related to current uses might preclude (c) ASSOCIATE DIRECTOR.—The Associate Director of the Office of Spent Nuclear Fuel and the Nation’s motor fuel distribution sys- the availability of a right-of-way for addi- tem, including the ability to make future tional or new transportation or transmission Research shall be responsible for carrying out an integrated research, development, and capital investments necessary to manufac- facilities and shall set forth those consider- ture, transport, and store different petro- ations in the report. demonstration program on technologies for treatment, recycling, and disposal of high- leum products required by local, State, and SEC. 4105. USE OF FEDERAL FACILITIES. level nuclear radioactive waste and spent nu- Federal statute and regulations; (a) The Secretary of the Interior and the clear fuel, subject to the general supervision (2) examine the reliability and cost of feed- Secretary of the Army shall each inventory of the Secretary. The Associate Director of stocks and energy supplied to the refining all dams, impoundments, and other facilities the Office shall report to the Director of the industry as well as the reliability and cost of under their jurisdiction. Office of Nuclear Energy Science and Tech- products manufactured by such industry; (b) Based on this inventory and other in- nology. The first such Associate Director (3) provide an assessment of the collective formation, the Secretary of the Interior and shall be appointed not later than 90 days effect of current and future motor fuel re- the Secretary of the Army shall each submit after the date of enactment of this Act. quirements on— a report to Congress not later than 180 days (d) GRANT AND CONTRACT AUTHORITY.—In (A) the ability of the domestic motor fuels after the date of enactment of this Act. Each carrying out his responsibilities under this refining, distribution, and retailing indus- report shall— section, the Secretary may make grants, or tries to reliably and cost-effectively supply (1) describe, in detail, each facility that is enter into contracts, for the purposes of the fuel to the Nation’s consumers and busi- capable, with or without modification, of research projects and activities described in nesses; producing additional hydroelectric power. (e)(2). (B) gasoline (reformulated and conven- For each such facility, the report shall state (e) DUTIES.—The Associate Director of the tional) and diesel fuel (on-highway and off- the full potential for the facility to generate Office shall— highway) supplies; and

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9638 CONGRESSIONAL RECORD — SENATE September 21, 2001 (C) retail motor fuel price volatility; niques to safeguard private investors in high (4) develop innovative techniques to meas- (4) explore opportunities to streamline per- capital technologies—including advanced de- ure the structural integrity of pipelines to mitting and siting decisions and approvals sign power plants including, but not limited prevent pipeline failures; for expanding existing and/or building new to, nuclear—against government-imposed (5) develop improved materials and coat- domestic refining capacity; risks that are beyond the investors’ control. ings for use in pipelines; (5) recommend actions that can be taken Such techniques may include (but not be (6) improve the capability, reliability, and to reduce future motor supply concerns; and limited to) Federal loan guarantees, Federal practicality of external leak detection de- (6) provide an assessment of whether uni- price guarantees, special tax considerations, vices; form, regional, or national performance- and direct Federal Government investment. (7) identify underground environments based fuel specifications would reduce supply SEC. 4112. REVIEW OF REGULATIONS TO ELIMI- that might lead to shortened service life; disruptions and price spikes. NATE BARRIERS TO EMERGING EN- (8) enhance safety in pipeline siting and (d) CONFIDENTIALITY OF DATA.—Any infor- ERGY TECHNOLOGY. land use; mation requested by the Secretary to be sub- (a) IN GENERAL.—Each Federal agency (9) minimize the environmental impact of mitted by industry for purposes of this sec- shall carry out a review of its regulations pipelines; tion shall be treated as confidential and and standards to determine those that act as (10) demonstrate technologies that im- shall be used only for the preparation of the a barrier to market entry for emerging en- prove pipeline safety, reliability, and integ- annual report. ergy-efficient technologies, including, but rity; not limited to, fuel cells, combined heat and SEC. 4109. REVIEW OF FEDERAL ENERGY REGU- (11) provide risk assessment tools for opti- LATORY COMMISSION NATURAL GAS power, and distributed generation (including mizing risk mitigation strategies; and PIPELINE CERTIFICATION PROCE- small-scale renewable energy). (12) provide highly secure information sys- (b) REPORT TO CONGRESS.—Not later than DURES. tems for controlling the operation of pipe- eighteen months from date of enactment of The Federal Energy Regulatory Commis- lines. this section, each agency shall provide a re- sion shall, in consultation with other appro- (c) AREAS.—In carrying out this section, priate Federal agencies, immediately under- port to Congress and the President detailing the Secretary of Transportation, in coordi- take a comprehensive review of policies, pro- all regulatory barriers to emerging energy- nation with the Secretary of Energy, shall cedures, and regulations for the certification efficient technologies, along with actions the consider research and development on nat- of natural gas pipelines to determine how to agency intends to take, or has taken, to re- ural gas, crude oil, and petroleum product reduce the cost and time of obtaining a cer- move such barriers. pipelines for— (c) PERIODIC REVIEW.—Each agency shall tificate. The Commission shall report its (1) early crack, defect, and damage detec- subsequently review its regulations and findings not later than 180 days after the tion, including real-time damage moni- standards in this manner no less frequently date of enactment of this Act to the Senate toring; than every 5 years, and report their findings Committee on Energy and Natural Resources (2) automated internal pipeline inspection to Congress and the President. Such reviews and the appropriate committees of the sensor systems; shall include a detailed analysis of all agen- United States House of Representatives, in- (3) land use guidance and set back manage- cy actions taken to remove existing barriers cluding any recommendations for legislative ment along pipeline rights-of-way for com- to emerging energy technologies. changes. munities; SEC. 4113. INTERAGENCY AGREEMENT ON ENVI- SEC. 4110. ANNUAL REPORT ON AVAILABILITY OF (4) internal corrosion control; RONMENTAL REVIEW OF INTER- DOMESTIC ENERGY RESOURCES TO STATE NATURAL GAS PIPELINE (5) corrosion-resistant coatings; MAINTAIN THE ELECTRICITY GRID PROJECTS. (6) improved cathodic protection; OF THE UNITED STATES. The Secretary of Energy, in coordination (7) inspection techniques where internal in- (a) Beginning on October 1, 2001, and annu- with the Federal Energy Regulatory Com- spection is not feasible, including measure- ally thereafter, the Secretary of Energy, in mission, shall establish an administrative ment of structural integrity; consultation with the Federal Energy Regu- interagency task force to develop an inter- (8) external leak detection, including port- latory Commission and the North American agency agreement to expedite and facilitate able real-time video imaging technology, and Electric Reliability Council, States, and ap- the environmental review and permitting of the advancement of computerized control propriate regional organizations, shall sub- interstate natural gas pipeline projects. The center leak detection systems utilizing real- mit a report to the President and Congress task force shall include the Bureau of Land time remote field data input; which evaluates the availability and capac- Management and the Fish and Wildlife Serv- (9) longer life, high strength, non-corrosive ity of domestic sources of energy generation ice in the Department of the Interior, the pipeline materials; to maintain the electricity grid in the United States Army Corps of Engineers, the (10) assessing the remaining strength of ex- United States. Specifically, the Secretary United States Forest Service, the Environ- isting pipes; shall evaluate each region of the country mental Protection Agency, the Advisory (11) risk and reliability analysis models, to with regard to grid stability during peak pe- Council on Historic Preservation and such be used to identify safety improvements that riods, such as summer, and options for im- other agencies as the Office and the Federal could be realized in the near term resulting proving grid stability. Energy Regulatory Commission deem appro- from analysis of data obtained from a pipe- (b) The report shall specify specific legisla- priate. The interagency agreement shall re- line performance tracking initiative; tive or administrative actions that could be quire that agencies complete their review of (12) identification, monitoring, and preven- implemented to improve baseload generation interstate pipeline projects within a specific tion of outside force damage, including sat- and set forth a range of options and alter- period of time after referral of the matter by ellite surveillance; and natives with a benefit/cost analysis for each the Federal Energy Regulatory Commission. (13) any other areas necessary to ensuring option or alternative together with an esti- The agreement shall be completed within 6 the public safety and protecting the environ- mate of the contribution each option or al- months after the effective date of this sec- ment. ternative could make to reduce foreign oil tion. (d) RESEARCH AND DEVELOPMENT PROGRAM imports. The report shall indicate, in detail, SEC. 4114. PIPELINE INTEGRITY, SAFETY, AND PLAN.—Within 240 days after the date of en- options and alternatives to (1) increase the RELIABILITY RESEARCH AND DE- actment of this section, the Secretary of use of nonemitting domestic energy sources, VELOPMENT. Transportation, in coordination with the including conventional and nonconventional (a) IN GENERAL.—The Secretary of Trans- Secretary of Energy and the Pipeline Integ- sources such as, but not limited to, increased portation, in coordination with the Sec- rity Technical Advisory Committee, shall nuclear energy generation, and (2) conserve retary of Energy, shall develop and imple- prepare and submit to Congress a 5-year pro- energy resources, including improving effi- ment an accelerated cooperative program of gram plan to guide activities under this sec- ciencies and decreasing fuel consumption. research and development to ensure the in- tion. In preparing the program plan, the Sec- SEC. 4111. STUDY OF FINANCING FOR NEW TECH- tegrity of natural gas and hazardous liquid retary shall consult with the appropriate NOLOGIES. pipelines. This research and development representatives of the natural gas, crude oil, (a) The Secretary of Energy shall under- program shall include materials inspection and petroleum product pipeline industries to take an independent assessment of innova- techniques, risk assessment methodology, select and prioritize appropriate project pro- tive financing techniques to encourage and and information systems surety. posals. The Secretary may also seek the ad- enable construction of new electricity supply (b) PURPOSE.—The purpose of the coopera- vice of utilities, manufacturers, institutions technologies with high initial capital costs tive research program shall be to promote of higher learning, Federal agencies, the that might not otherwise be built in a de- research and development to— pipeline research institutions, national lab- regulated market. (1) ensure long-term safety, reliability and oratories, State pipeline safety officials, en- (b) The assessment shall be conducted by a service life for existing pipelines; vironmental organizations, pipeline safety firm with proven expertise in financing large (2) expand capabilities of internal inspec- advocates, and professional and technical so- capital projects or in financial services con- tion devices to identify and accurately meas- cieties. sulting, and is to be provided to Congress not ure defects and anomalies; (e) IMPLEMENTATION.—The Secretary of later than 270 days after the date of enact- (3) develop inspection techniques for pipe- Transportation shall have primary responsi- ment of this Act. lines that cannot accommodate the internal bility for ensuring the 5-year plan provided (c) The assessment shall include a com- inspection devices available on the date of for in subsection (d) is implemented as in- prehensive examination of all available tech- enactment; tended by this section. In carrying out the

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9639 research, development, and demonstration cost and performance goals and for other shall be designed to achieve the cost and per- activities under this section, the Secretary purposes; and formance goals, either individually or in var- of Transportation and the Secretary of En- (3) implement a research, development, ious combinations. ergy may use, to the extent authorized under and demonstration program to develop and (c) REPORT.—Not later than 18 months applicable provisions of law, contracts, coop- demonstrate, in commercial-scale applica- after the date of enactment of this Act, the erative agreements, cooperative research tions, advanced clean coal technologies for Secretary shall submit to the President and and development agreements under the Ste- coal-fired generating units constructed be- Congress a report containing— venson-Wydler Technology Innovation Act of fore the date of enactment of this title. (1) a description of the programs that, as of 1980 (15 U.S.C. 3701 et seq.), grants, joint ven- SEC. 4202. COST AND PERFORMANCE GOALS. the date of the report, are in effect or are to tures, other transactions, and any other (a) IN GENERAL.—The Secretary shall per- be carried out by the Department of Energy form of agreement available to the Secretary form an assessment that identifies costs and to support technologies that are designed to consistent with the recommendations of the associated performance of technologies that achieve the cost and performance goals; and Advisory Committee. would permit the continued cost-competitive (2) recommendations for additional au- (f) REPORTS TO CONGRESS.—The Secretary use of coal for electricity generation, as thorities required to achieve the cost and of Transportation shall report to Congress chemical feedstocks, and as transportation performance goals. annually as to the status and results to date fuel in 2007, 2015, and the years after 2020. SEC. 4205. AUTHORIZATION OF APPROPRIATIONS. of the implementation of the research and (b) CONSULTATION.—In establishing cost (a) IN GENERAL.—There is authorized to be development program plan. The report shall and performance goals, the Secretary shall appropriated to carry out the provisions of include the activities of the Departments of consult with representatives of— sections 4202, 4203, and 4204, $100,000,000 for Transportation and Energy, the national lab- (1) the United States coal industry; each of fiscal years 2002 through 2012, to re- oratories, universities, and any other re- (2) State coal development agencies; main available until expended. search organizations, including industry re- (3) the electric utility industry; (b) CONDITIONS OF AUTHORIZATION.—The au- search organizations. (4) railroads and other transportation in- thorization of appropriations under sub- (g) PIPELINE INTEGRITY TECHNICAL ADVI- dustries; section (a)— SORY COMMITTEE.— (5) manufacturers of equipment using ad- (1) shall be in addition to authorizations of (1) ESTABLISHMENT.—The Secretary of vanced coal technologies; appropriations in effect on the date of enact- Transportation shall enter into appropriate (6) organizations representing workers; and ment of this Act; and arrangements with the National Academy of (7) organizations formed to— (2) shall not be a cap on Department of En- Sciences to establish and manage the Pipe- (A) further the goals of environmental pro- ergy fossil energy research and development line Integrity Technical Advisory Com- tection; and clean coal technology appropriations. mittee for the purpose of advising the Sec- (B) promote the use of coal; or SEC. 4206. POWER PLANT IMPROVEMENT INITIA- TIVE. retary of Transportation and the Secretary (C) promote the development and use of ad- (a) IN GENERAL.—The Secretary shall carry of Energy on the development and imple- vanced coal technologies. out a power plant improvement initiative mentation of the 5-year research, develop- (c) TIMING.—The Secretary shall— program that will demonstrate commercial ment, and demonstration program plan as (1) not later than 120 days after the date of applications of advanced coal-based tech- defined in subsection (d). The Advisory Com- enactment of this Act, issue a set of draft nologies applicable to new or existing power mittee shall have an ongoing role in evalu- cost and performance goals for public com- plants, including co-production plants, that, ating the progress and results of the re- ment; and either individually or in combination, ad- search, development, and demonstration car- (2) not later than 180 days after the date of vance the efficiency, environmental perform- ried out under this section. enactment of this Act, and after taking into (2) MEMBERSHIP.—The National Academy ance and cost competitiveness well beyond consideration any public comments received, that which is in operation or has been dem- of Sciences shall appoint the members of the submit to Congress the final cost and per- Pipeline Integrity Technical Advisory Com- onstrated to date. formance goals. (b) PLAN.—Not later than 120 days after the mittee after consultation with the Secretary SEC. 4203. STUDY. date of enactment of this title, the Secretary of Transportation and the Secretary of En- (a) IN GENERAL.—Not later than 1 year shall submit to Congress a plan to carry out ergy. Members appointed to the Advisory after the date of enactment of this Act, the subsection (a) that includes a description Committee should have the necessary quali- Secretary, in cooperation with the Secretary of— fications to provide technical contributions of the Interior and the Administrator of the (1) the program elements and management to the purposes of the Advisory Committee. Environmental Protection Agency, shall structure to be used; (h) AUTHORIZATION OF APPROPRIATIONS.— conduct a study to— (2) the technical milestones to be achieved There are authorized to be appropriated to (1) identify technologies capable of achiev- with respect to each of the advanced coal- the Secretary of Transportation and to the ing cost and performance goals, either indi- based technologies included in the plan; and Secretary of Energy for carrying out this vidually or in various combinations; (3) the demonstration activities that will section such sums as may be necessary for (2) assess costs that would be incurred by, benefit new or existing coal-based electric each of the fiscal years 2002 through 2006. and the period of time that would be re- generation units having at least a 50 mega- SEC. 4115. RESEARCH AND DEVELOPMENT FOR quired for, the development and demonstra- watt nameplate rating including improve- NEW NATURAL GAS TECHNOLOGIES. tion of technologies that contribute, either ments to allow the units to achieve either— (a) The Secretary of Energy shall conduct individually or in various combinations, to (A) an overall design efficiency improve- a comprehensive 5-year program for re- the achievement of cost and performance ment of not less than 3 percentage points as search, development and demonstration to goals; and compared with the efficiency of the unit as improve the reliability, efficiency, safety (3) develop recommendations for tech- operated on the date of enactment of this and integrity of the natural gas transpor- nology development programs, which the De- title and before any retrofit, repowering, re- tation and distribution infrastructure and partment of Energy could carry out in co- placement or installation; for distributed energy resources (including operation with industry, to develop and dem- (B) a significant improvement in the envi- microturbines, fuel cells, advanced engine- onstrate such technologies. ronmental performance related to the con- generators gas turbines reciprocating en- (b) COOPERATION.—In carrying out this sec- trol of sulfur dioxide, nitrogen oxide or mer- gines, hybrid power generation systems, and tion, the Secretary shall give appropriate cury in a manner that is well below the cost all ancillary equipment for dispatch, control consideration to the expert advice of rep- of technologies that are in operation or have and maintenance). resentatives from the entities described in (b) There are authorized to be appropriated been demonstrated to date; or section 4111(b). such sums as may be necessary for the pur- (C) a means of recycling or reusing a sig- poses of this section. SEC. 4204. TECHNOLOGY RESEARCH AND DEVEL- nificant proportion of coal combustion OPMENT PROGRAM. wastes produced by coal-based generating TITLE II—TECHNOLOGY RESEARCH AND (a) IN GENERAL.—The Secretary shall carry units excluding practices that are commer- DEVELOPMENT PROGRAM FOR AD- out a program of research on and develop- cially available at the date of enactment. VANCED CLEAN COAL TECHNOLOGY ment, demonstration, and commercial appli- SEC. 4207. FINANCIAL ASSISTANCE. FOR COAL-BASED ELECTRICITY GENER- cation of coal-based technologies under— (a) IN GENERAL.—Not later than 180 days ATING FACILITIES (1) this division; after the date on which the Secretary sub- SEC. 4201. PURPOSE. (2) the Federal Nonnuclear Energy Re- mits to Congress the plan under section The purpose of this title is to direct the search and Development Act of 1974 (42 4206(b), the Secretary shall solicit proposals Secretary of Energy (referred to in this title U.S.C. 5901 et seq.); for projects which serve or benefit new or ex- as the ‘‘Secretary’’) to— (3) the Energy Reorganization Act of 1974 isting facilities and, either individually or in (1) establish a coal-based technology devel- (42 U.S.C. 5801 et seq.); and combination, are designed to achieve the lev- opment program designed to achieve cost (4) title XVI of the Energy Policy Act of els of performance set forth in section and performance goals; 1992 (42 U.S.C. 13381 et seq.). 4206(b)(3). (2) carry out a study to identify tech- (b) CONDITIONS.—The research, develop- (b) PROJECT CRITERIA.—A solicitation nologies that may be capable of achieving, ment, demonstration, and commercial appli- under subsection (a) may include solicitation either individually or in combination, the cation programs identified in section 4203(a) of a proposal for a project to demonstrate—

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9640 CONGRESSIONAL RECORD — SENATE September 21, 2001 (1) the reduction of emissions of 1 or more SEC. 4302. AMENDMENTS TO THE OUTER CONTI- 1331 et seq.) or any other mineral leasing law pollutants; or NENTAL SHELF LANDS ACT. on demand of the Secretary of the Interior (2) the production of coal combustion by- (a) Section 8(a)(1)(D) of the Outer Conti- shall be paid in oil or gas. If the Secretary of products that are capable of obtaining eco- nental Shelf Lands Act (43 U.S.C. the Interior elects to accept the royalty in nomic values significantly greater than by- 1337(a)(1)(D)) is amended by striking the kind— products produced on the date of enactment word ‘‘area;’’ and inserting in lieu thereof (1) delivery by, or on behalf of, the lessee of of this title. the word ‘‘area,’’ and the following new text: the royalty amount and quality due at the (c) FINANCIAL ASSISTANCE.—The Secretary ‘‘except in the Arctic areas of Alaska, where lease satisfies the lessee’s royalty obligation shall provide financial assistance to projects the Secretary is authorized to set the net for the amount delivered, except that trans- that— profit share at 162⁄3 percent. For purposes of portation and processing reimbursements (1) demonstrate overall cost reductions in this section, ‘Arctic areas’ means the Beau- paid to, or deductions claimed by, the lessee the utilization of coal to generate useful fort Sea and Chukchi Sea Planning Areas of shall be subject to review and audit; forms of energy; Alaska;’’. (2) royalty production shall be placed in (2) improve the competitiveness of coal (b) Section 8(a) of the Outer Continental marketable condition at no cost to the among various forms of energy to maintain a Shelf Lands Act (43 U.S.C. 1337(a)) is amend- United States; diversity of fuel choices in the United States ed by adding at the end the following: (3) the Secretary of the Interior may— to meet electricity generation requirements; ‘‘(9) After an oil and gas lease is granted (A) sell or otherwise dispose of any royalty (3) achieve in a cost-effective manner, 1 or pursuant to any of the bidding systems of oil or gas taken in kind for not less than fair more of the criteria set out in the solicita- paragraph (1) of this subsection, the Sec- market value; and tion; and retary shall reduce any future royalty or (B) transport or process any oil or gas roy- (4) demonstrate technologies that are ap- rental obligation of the lessee on any lease alty taken in kind; plicable to 25 percent of the electricity gen- issued by the Secretary (and proposed by the (4) the Secretary of the Interior may, not- erating facilities that use coal as the pri- lessee for such reduction) by an amount withstanding section 3302 of title 31, United mary feedstock on the date of enactment of equal to— States Code, retain and use a portion of the this title. ‘‘(A) 10 percent of the qualified costs of ex- revenues from the sale of oil and gas royal- ploratory wells drilled or geophysical work (d) FEDERAL SHARE.—The Federal share of ties taken in kind that otherwise would be the cost of any project funded under this sec- performed on any lease issued by the Sec- deposited to miscellaneous receipts, without tion shall not exceed 50 percent. retary, whichever is greater, pursuant to regard to fiscal year limitation, or may use this Act in Arctic areas of Alaska; and (e) EXEMPTION FROM NEW SOURCE REVIEW royalty production, to pay the cost of— ‘‘(B) an additional 10 percent of the quali- PROVISIONS.—A project funded under this (A) transporting the oil or gas; fied costs of any such exploratory wells section shall be exempt from the new source (B) processing the gas; or which are located ten or more miles from an- review provisions of the Clean Air Act (42 (C) disposing of the oil or gas; and other well drilled for oil and gas. U.S.C. 7401 et seq.). (5) the Secretary may not use revenues For purposes of this Act, ‘qualified costs’ from the sale of oil and gas royalties taken SEC. 4208. FUNDING. shall mean the costs allocated to the explor- in kind to pay for personnel, travel or other To carry out sections 4206 and 4207, there atory well or geophysical work in support of administrative costs of the Federal Govern- are authorized to be appropriated such sums an exploration program pursuant to the In- ment. as may be necessary. ternal Revenue Code of 1986; ‘exploratory (c) REIMBURSEMENT OF COST.—If the lessee, SEC. 4209. RESEARCH AND DEVELOPMENT FOR well’ shall mean either an exploratory well pursuant to an agreement with the United ADVANCED SAFE AND EFFICIENT as defined by the United States Securities States or as provided in the lease, processes COAL MINING TECHNOLOGIES. and Exchange Commission in sections 210.4 the gas or delivers the royalty oil or gas at (a) The Secretary of Energy shall establish through 210.10(a)(10) of title 17, Code of Fed- a point not on or adjacent to the lease area, a cooperative research partnership involving eral Regulations (or a successor regulation), the Secretary of the Interior shall reimburse appropriate Federal agencies, coal producers, or a well 3 or more miles from any oil or gas the lessee for the reasonable costs of trans- including associations, equipment manufac- well or a pipeline which transports oil or gas portation (not including gathering) from the turers, universities with mining engineering to a market or terminal; ‘geophysical work’ lease to the point of delivery or for proc- departments, and other relevant entities to shall mean all geophysical data gathering essing costs, or, at the discretion of the Sec- develop mining research priorities identified methods used in hydrocarbon exploration retary of the Interior, allow the lessee to de- by the Mining Industry of the Future Pro- and includes seismic, gravity, magnetic, and duct such transportation or processing costs gram and in the National Academy of electromagnetic measurements; and all dis- in reporting and paying royalties in value for Sciences report on Mining Technologies, es- tances shall be measured in horizontal dis- other Federal oil and gas leases. tablish a process for joint industry-govern- tance. When a measurement beginning or (d) BENEFIT TO THE UNITED STATES.—The ment research; and expand mining research ending point is a well, the measurement Secretary shall administer any program tak- capabilities at universities. point shall be the bottom hole location of ing royalty oil or gas in kind only if the Sec- (b) There are authorized to be appropriated that well.’’. retary determines that the program is pro- viding benefits to the United States greater to carry out the requirements of this sec- SEC. 4303. REGULATIONS. than or equal to those which would be real- tion, $10,000,000 in fiscal year 2002, $12,000,000 The Secretary shall promulgate such rules ized under a comparable royalty in value in fiscal year 2003, and $15,000,000 in fiscal and regulations as are necessary to imple- program. year 2004. At least 20 percent of any funds ap- ment the provisions of this subtitle not later (e) REPORT TO CONGRESS.—For every fiscal propriated shall be dedicated to research car- than 180 days after the date of enactment of ried out at universities. year, beginning in 2002 through 2006, in which this Act. the United States takes oil or gas royalties SEC. 4210. RAILROAD EFFICIENCY. SEC. 4304. SAVINGS CLAUSE. within any State or from the outer Conti- (a) The Secretary shall, in conjunction Nothing in this subtitle shall be construed nental Shelf in kind, excluding royalties with the Secretaries of Transportation and to affect any offshore pre-leasing, leasing, or taken in kind and sold to refineries under Defense, and the Administrator of the Envi- development moratorium, including any subsection (h) of this section, the Secretary ronmental Protection Agency, establish a moratorium applicable to the Eastern Plan- of the Interior shall provide a report to Con- public-private research partnership involv- ning Area of the Gulf of Mexico located off gress that describes— ing the Federal Government, railroad car- the Gulf Coast of Florida. (1) the methodology or methodologies used riers, locomotive manufacturers, and the As- Subtitle B—Oil and Gas Royalties in Kind by the Secretary to determine compliance sociation of American Railroads. The goal of SEC. 4310. PROGRAM ON OIL AND GAS ROYALTIES with subsection (d), including performance the initiative shall include developing and IN KIND. standards for comparing to amounts likely demonstrating locomotive technologies that (a) APPLICABILITY OF SECTION.—Notwith- to have been received had royalties been increase fuel economy, reduce emissions, im- standing any other provision of law, the pro- taken in value; prove safety, and lower costs. visions of this section shall apply to all roy- (2) an explanation of the evaluation that (b) There are authorized to be appropriated alty in kind accepted by the Secretary of the led the Secretary to take royalties in kind to carry out the requirements of this section Interior under any Federal oil or gas lease or from a lease or group of leases, including the $50,000,000 in fiscal year 2002, $60,000,000 in fis- permit under section 36 of the Mineral Leas- expected revenue effect of taking royalties cal year 2003, and $70,000,000 in fiscal year ing Act (30 U.S.C. 192) or section 27 of the in kind; 2004. Outer Continental Shelf Lands Act (43 U.S.C. (3) actual amounts realized from taking TITLE III—OIL AND GAS 1353) or any other mineral leasing law from royalties in kind, and costs and savings asso- the date of enactment of this Act through ciated with taking royalties in kind; and Subtitle A—Deepwater and Frontier Royalty September 30, 2006. (4) an evaluation of other relevant public Relief (b) TERMS AND CONDITIONS.—All royalty ac- benefits or detriments associated with tak- SEC. 4301. SHORT TITLE. cruing to the United States under any Fed- ing royalties in kind. This subtitle may be cited as the ‘‘Outer eral oil or gas lease or permit under the Min- (f) DEDUCTION OF EXPENSES.— Continental Shelf Deep Water and Frontier eral Leasing Act (30 U.S.C. 181 et seq.) or the (1) Prior to making disbursements under Royalty Relief Act’’. Outer Continental Shelf Lands Act (43 U.S.C. section 35 of the Mineral Leasing Act (30

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9641 U.S.C. 191) or section 8(g) of the Outer Conti- means a drilling plan including design, me- gas leasing, taking into consideration mul- nental Shelf Lands Act (30 U.S.C. 1337(g)) or chanical, and engineering aspects for drilling tiple uses of Federal land, socioeconomic and other applicable provision of law, of revenues a well. environmental impacts, and the results of derived from the sale of royalty production (2) FEDERAL LAND.— consultations with State and local govern- taken in kind from a lease, the Secretary of (A) IN GENERAL.—The term ‘‘Federal land’’ ment officials. the Interior shall deduct amounts paid or de- means all land and interests in land owned SEC. 4334. ACTIVITY FOLLOWING TRANSFER OF ducted under paragraphs (b)(3) and (c), and by the United States that are subject to the AUTHORITY. shall deposit such amounts to miscellaneous mineral leasing laws, including mineral re- (a) FEDERAL AGENCIES.—Following the receipts. sources or mineral estates reserved to the transfer of authority, no Federal agency (2) If the Secretary of the Interior allows United States in the conveyance of a surface shall exercise the authority formerly held by the lessee to deduct transportation or proc- or non-mineral estate. the Secretary as to oil and gas lease oper- essing costs under paragraph (c), the Sec- (B) EXCLUSION.—The term ‘‘Federal land’’ ations and related operations on Federal retary of the Interior may not reduce any does not include— land. payments to recipients of revenues derived (i) Indian land (as defined in section 3 of (b) STATE AUTHORITY.— from any other Federal oil and gas lease as the Federal Oil and Gas Royalty Manage- (1) IN GENERAL.—Following the transfer of a consequence of that deduction. ment Act of 1982 (30 U.S.C. 1702)); or authority, each State shall enforce its own oil and gas conservation laws and require- (g) CONSULTATION WITH STATES.—The Sec- (ii) submerged land on the outer Conti- retary of the Interior will consult with a nental Shelf (as defined in section 2 of the ments pertaining to transferred oil and gas State prior to conducting a royalty in kind Outer Continental Shelf Lands Act (43 U.S.C. lease operations and related operations with program within the State and may delegate 1331)). due regard to the national interest in the ex- pedited, environmentally sound development management of any portion of the Federal (3) OIL AND GAS CONSERVATION AUTHORITY.— of oil and gas resources in a manner con- royalty in kind program to such State ex- The term ‘‘oil and gas conservation author- sistent with oil and gas conservation prin- cept as otherwise prohibited by Federal law. ity’’ means the agency or agencies in each ciples. The Secretary shall also consult annually State responsible for regulating for con- (2) APPEALS.—Following a transfer of au- with any State from which Federal royalty servation purposes operations to explore for thority under section 4333, an appeal of any oil or gas is being taken in kind to ensure to and produce oil and natural gas. decision made by a State oil and gas con- the maximum extent practicable that the (4) PROJECT.—The term ‘‘project’’ means servation authority shall be made in accord- royalty in kind program provides revenues an activity by a lessee, an operator, or an op- ance with State administrative procedures. to the State greater than or equal to those erating rights owner to explore for, develop, (c) PENDING ENFORCEMENT ACTIONS.—The which would be realized under a comparable produce, or transport oil or gas resources. Secretary may continue to enforce any pend- royalty in value program. (5) SECRETARY.—The term ‘‘Secretary’’ ing actions respecting acts committed before (h) PROVISIONS FOR SMALL REFINERIES.— means— the date on which authority is transferred to (1) If the Secretary of the Interior deter- (A) the Secretary of the Interior, with re- a State under section 4333 until those pro- mines that sufficient supplies of crude oil spect to land under the administrative juris- ceedings are concluded. are not available in the open market to re- diction of the Department of the Interior; (d) PENDING APPLICATIONS.— fineries not having their own source of sup- and (1) TRANSFER TO STATE.—All applications ply for crude oil, the Secretary may grant (B) the Secretary of Agriculture, with re- respecting oil and gas lease operations and preference to such refineries in the sale of spect to land under the administrative juris- related operations on Federal land pending any royalty oil accruing or reserved to the diction of the Department of Agriculture. before the Secretary on the date on which United States under Federal oil and gas (6) SURFACE USE PLAN OF OPERATIONS.—The authority is transferred under section 4333 leases issued under any mineral leasing law, term ‘‘surface use plan of operations’’ means shall be immediately transferred to the oil for processing or use in such refineries at a plan for surface use, disturbance, and rec- and gas conservation authority of the State private sale at not less than fair market lamation. in which the lease is located. value. SEC. 4332. NO PROPERTY RIGHT. (2) ACTION BY THE STATE.—The oil and gas (2) In selling oil under this subsection, the Nothing in this subtitle gives a State a conservation authority shall act on the ap- Secretary of the Interior may at his discre- property right or interest in any Federal plication in accordance with State laws (in- tion prorate such oil among such refineries lease or land. cluding regulations) and requirements. in the area in which the oil is produced. SEC. 4333. TRANSFER OF AUTHORITY. SEC. 4335. COMPENSATION FOR COSTS. (i) DISPOSITION TO FEDERAL AGENCIES.— (a) NOTIFICATION.—Not before the date that (a) IN GENERAL.—Subject to the avail- (1) Any royalty oil or gas taken in kind is 180 days after the date of enactment of ability of appropriations, the Secretary shall from onshore oil and gas leases may be sold this Act, a State may notify the Secretary of compensate any State for costs incurred to at not less than the fair market value to any its intent to accept authority for regulation carry out the authorities transferred under department or agency of the United States. of operations, as described in subparagraphs section 4333. (b) PAYMENT SCHEDULE.—Payments shall (2) Any royalty oil or gas taken in kind (A) through (K) of subsection (b)(2), under oil be made not less frequently than every quar- from Federal oil and gas leases on the outer and gas leases on Federal land within the ter. Continental Shelf may be disposed of under State. (c) COST BREAKDOWN REPORT.—Each State section 27 of the Outer Continental Shelf (b) TRANSFER OF AUTHORITY.— Lands Act (43 U.S.C. 1353(a)(3)). seeking compensation shall report to the (1) IN GENERAL.—Effective 180 days after Secretary a cost breakdown for the authori- Subtitle C—Use of Royalty In Kind Oil To Fill the Secretary receives the State’s notice, au- ties transferred. the Strategic Petroleum Reserve thority for the regulation of oil and gas leas- SEC. 4336. APPLICATIONS. ing operations is transferred from the Sec- SEC. 4320. USE OF ROYALTY IN KIND OIL TO FILL (a) LIMITATION ON COST RECOVERY.—Not- THE STRATEGIC PETROLEUM RE- retary to the State. withstanding sections 304 and 504 of the Fed- SERVE. (2) AUTHORITY INCLUDED.—The authority eral Land Policy and Management Act of The Secretary of the Interior shall enter transferred under paragraph (1) includes— 1976 (43 U.S.C. 1734, 1764) and section 9701 of into an agreement with the Secretary of En- (A) processing and approving applications title 31, United States Code, the Secretary ergy to transfer title to the Federal share of for permits to drill, subject to surface use shall not recover the Secretary’s costs with crude oil production from Federal lands for agreements and other terms and conditions respect to applications and other documents use at the discretion of the Secretary of En- determined by the Secretary; relating to oil and gas leases. ergy in filling the Strategic Petroleum Re- (B) production operations; (b) COMPLETION OF PLANNING DOCUMENTS serve during periods of crude oil market sta- (C) well testing; AND ANALYSES.— bility. The Secretary of Energy may also use (D) well completion; (1) IN GENERAL.—The Secretary shall com- the Federal share of crude oil produced from (E) well spacing; plete any resource management planning Federal lands for other disposal within the (F) communication; documents and analyses not later than 90 Federal Government, as he may determine, (G) conversion of a producing well to a days after receiving any offer, application, to carry out the energy policy of the United water well; or request for which a planning document or States. (H) well abandonment procedures; analysis is required to be prepared. Subtitle D—Improvements to Federal Oil and (I) inspections; (2) PREPARATION BY APPLICANT OR LESSEE.— Gas Lease Management (J) enforcement activities; and If the Secretary is unable to complete the (K) site security. document or analysis within the time pre- SEC. 4330. SHORT TITLE. (c) RETAINED AUTHORITY.—The Secretary scribed by paragraph (1), the Secretary shall This subtitle may be cited as the ‘‘Federal shall— notify the applicant or lessee of the oppor- Oil and Gas Lease Management Improve- (1) retain authority over the issuance of tunity to prepare the required document or ment Act of 2000’’. leases and the approval of surface use plans analysis for the agency’s review and use in SEC. 4331. DEFINITIONS. of operations and project-level environ- decisionmaking. In this subtitle: mental analyses; and (c) REIMBURSEMENT FOR COSTS OF NEPA (1) APPLICATION FOR A PERMIT TO DRILL.— (2) spend appropriated funds to ensure that ANALYSES, DOCUMENTATION, AND STUDIES.— The term ‘‘application for a permit to drill’’ timely decisions are made respecting oil and If—

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(1) adequate funding to enable the Sec- (2) PREVIOUS RESOURCE MANAGEMENT DECI- amended by striking ‘‘, until August 1, retary to timely prepare a project-level anal- SION.—If the determination of unavailability 2002,’’. ysis required under the National Environ- is based on a previous resource management (c) INDEMNIFICATION OF NONPROFIT EDU- mental Policy Act of 1969 (42 U.S.C. 4321 et decision, the explanation shall include a CATIONAL INSTITUTIONS.—Section 170k. of the seq.) with respect to an oil or gas lease is not careful assessment of whether the reasons Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) appropriated; and underlying the previous decision are still is amended by striking ‘‘August 1, 2002’’ each (2) the lessee, operator, or operating rights persuasive. place it appears and inserting ‘‘August 1, owner voluntarily pays for the cost of the re- (3) SEGREGATION OF AVAILABLE LAND FROM 2012’’. quired analysis, documentation, or related UNAVAILABLE LAND.—The Secretary may not SEC. 4403. DOE LIABILITY LIMIT. study; reject an offer to lease land available for (a) AGGREGATE LIABILITY LIMIT.—Section the Secretary shall reimburse the lessee, op- leasing on the ground that the offer includes 170d. of the Atomic Energy Act of 1954 (42 erator, or operating rights owner for its land unavailable for leasing, and the Sec- U.S.C. 2210(d)) is amended by striking para- costs through royalty credits attributable to retary shall segregate available land from graph (2) and inserting the following: the lease, unit agreement, or project area. unavailable land, on the offeror’s request fol- ‘‘(2) In agreements of indemnification en- tered into under paragraph (1), the Sec- SEC. 4337. TIMELY ISSUANCE OF DECISIONS. lowing notice by the Secretary, before acting retary— (a) IN GENERAL.—The Secretary shall en- on the offer to lease. sure the timely issuance of Federal agency (d) DISAPPROVAL OR REQUIRED MODIFICA- ‘‘(A) may require the contractor to provide decisions respecting oil and gas leasing and TION OF SURFACE USE PLANS OF OPERATIONS and maintain financial protection of such a operations on Federal land. AND APPLICATION FOR PERMIT TO DRILL.—The type and in such amounts as the Secretary (b) OFFER TO LEASE.— Secretary shall provide a written, detailed shall determine to be appropriate to cover (1) DEADLINE.—The Secretary shall accept explanation of the reasons for disapproving public liability arising out of or in connec- or reject an offer to lease not later than 90 or requiring modifications of any surface use tion with the contractual activity; and days after the filing of the offer. plan of operations or application for permit ‘‘(B) shall indemnify the persons indem- (2) FAILURE TO MEET DEADLINE.—If an offer to drill. nified against such claims above the amount is not acted upon within that time, the offer (e) EFFECTIVENESS OF DECISION.—A decision of the financial protection required, in the shall be deemed to have been accepted. of the Secretary respecting an oil and gas amount of $10,000,000,000 (subject to adjust- (c) APPLICATION FOR PERMIT TO DRILL.— lease shall be effective pending administra- ment for inflation under subsection t.), in (1) DEADLINE.—The Secretary and a State tive appeal to the appropriate office within the aggregate, for all persons indemnified in that has accepted a transfer of authority the Department of the Interior or the De- connection with such contract and for each under section 4333 shall approve or dis- partment of Agriculture unless that office nuclear incident, including such legal costs approve an application for permit to drill not grants a stay in response to a petition satis- of the contractor as are approved by the Sec- later than 30 days after receiving a complete fying the criteria for a stay established by retary.’’. application. section 4.21(b) of title 43, Code of Federal (b) CONTRACT AMENDMENTS.—Section 170d. (2) FAILURE TO MEET DEADLINE.—If the ap- Regulations (or any successor regulation). of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by striking para- plication is not acted on within the time pre- SEC. 4339. REPORTS. graph (3) and inserting the following: scribed by paragraph (1), the application (a) IN GENERAL.—Not later than March 31, ‘‘(3) All agreements of indemnification shall be deemed to have been approved. 2002, the Secretaries shall jointly submit to under which the Department of Energy (or (d) SURFACE USE PLAN OF OPERATIONS.— Congress a report explaining the most effi- its predecessor agencies) may be required to The Secretary shall approve or disapprove a cient means of eliminating overlapping juris- indemnify any person, shall be deemed to be surface use plan of operations not later than diction, duplication of effort, and incon- amended, on the date of enactment of the 30 days after receipt of a complete plan. sistent policymaking and policy implemen- (e) ADMINISTRATIVE APPEALS.— Price-Anderson Amendments Act of 2001, to tation as between the Bureau of Land Man- (1) DEADLINE.—From the time that a Fed- reflect the amount of indemnity for public agement and the Forest Service. eral oil and gas lessee or operator files a no- liability and any applicable financial protec- (b) RECOMMENDATIONS.—The report shall tion required of the contractor under this tice of administrative appeal of a decision or include recommendations on statutory subsection on such date.’’. order of an officer or employee of the Depart- changes needed to implement the report’s ment of the Interior or the Forest Service re- conclusions. SEC. 4404. INCIDENTS OUTSIDE THE UNITED specting a Federal oil and gas Federal lease, STATES. the Secretary shall have 2 years in which to Subtitle E—Royalty Reinvestment in America (a) AMOUNT OF INDEMNIFICATION.—Section issue a final decision in the appeal. SEC. 4351. ROYALTY INCENTIVE PROGRAM. 170d.(5) of the Atomic Energy Act of 1954 (42 (2) FAILURE TO MEET DEADLINE.—If no final (a) IN GENERAL.—To encourage exploration U.S.C. 2210(d)(5)) is amended by striking decision has been issued within the time pre- and development expenditures on Federal ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. scribed by paragraph (1), the appeal shall be land and the outer Continental Shelf for the (b) LIABILITY LIMIT.—Section 170e.(4) of the deemed to have been granted. development of oil and gas resources when Atomic Energy Act of 1954 (42 U.S.C. SEC. 4338. ELIMINATION OF UNWARRANTED DE- the cash price of West Texas Intermediate 2210(e)(4)) is amended by striking NIALS AND STAYS. crude oil, as posted on the Dow Jones Com- ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. (a) IN GENERAL.—The Secretary shall en- modities Index chart is less than $18 per bar- SEC. 4405. REPORTS. sure that unwarranted denials and stays of rel for 90 consecutive pricing days or when Section 170p. of the Atomic Energy Act of lease issuance and unwarranted restrictions natural gas prices as delivered at Henry Hub, 1954 (42 U.S.C. 2210(p)) is amended by striking on lease operations are eliminated from the Louisiana, are less than $2.30 per million ‘‘August 1, 1998’’ and inserting ‘‘August 1, administration of oil and gas leasing on Fed- British thermal units for 90 consecutive 2008’’. eral land. days, the Secretary shall allow a credit SEC. 4406. INFLATION ADJUSTMENT. (b) LAND DESIGNATED FOR MULTIPLE USE.— against the payment of royalties on Federal Section 170t. of the Atomic Energy Act of (1) IN GENERAL.—Land designated as avail- oil production and gas production, respec- 1954 (42 U.S.C. 2210(t)) is amended— able for multiple use under Bureau of Land tively, in an amount equal to 20 percent of (1) by renumbering paragraph (2) as para- Management resource management plans the capital expenditures made on explo- graph (3); and and Forest Service leasing analyses shall be ration and development activities on Federal (2) by adding after paragraph (1) the fol- available for oil and gas leasing without oil and gas leases. lowing: lease stipulations more stringent than re- (b) NO CREDITING AGAINST ONSHORE FED- ‘‘(2) The Secretary shall adjust the amount strictions on surface use and operations im- ERAL ROYALTY OBLIGATIONS.—In no case of indemnification provided under an agree- posed under the laws (including regulations) shall such capital expenditures made on ment of indemnification under subsection d. of the State oil and gas conservation author- outer Continental Shelf leases be credited not less than once during each 5-year period ity unless the Secretary includes in the deci- against onshore Federal royalty obligations. following the date of enactment of the Price- sion approving the management plan or leas- TITLE IV—NUCLEAR Anderson Amendments Act of 2001, in ac- ing analysis a written explanation why more cordance with the aggregate percentage Subtitle A—Price-Anderson Amendments stringent stipulations are warranted. change in the Consumer Price Index since— (2) APPEAL.—Any decision to require a SEC. 4401. SHORT TITLE. ‘‘(A) such date of enactment, in the case of more stringent stipulation shall be adminis- This subtitle may be cited as the ‘‘Price- the first adjustment under this subsection; tratively appealable and, following a final Anderson Amendments Act of 2001’’. or agency decision, shall be subject to judicial SEC. 4402. INDEMNIFICATION AUTHORITY. ‘‘(B) the previous adjustment under this review. (a) INDEMNIFICATION OF NRC LICENSEES.— subsection.’’. (c) REJECTION OF OFFER TO LEASE.— Section 170c. of the Atomic Energy Act of SEC. 4407. CIVIL PENALTIES. (1) IN GENERAL.—If the Secretary rejects an 1954 (42 U.S.C. 2210(c)) is amended by striking (a) REPEAL OF AUTOMATIC REMISSION.—Sec- offer to lease on the ground that the land is ‘‘August 1, 2002’’ each place it appears and in- tion 234Ab.(2) of the Atomic Energy Act of unavailable for leasing, the Secretary shall serting ‘‘August 1, 2012’’. 1954 (42 U.S.C. 2282a(b)(2)) is amended by provide a written, detailed explanation of (b) INDEMNIFICATION OF DOE CONTRAC- striking the last sentence. the reasons the land is unavailable for leas- TORS.—Section 170d.(1)(A) of the Atomic En- (b) LIMITATION FOR NONPROFIT INSTITU- ing. ergy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is TIONS.—Section 234A of the Atomic Energy

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9643 Act of 1954 (42 U.S.C. 2282a) is further amend- Subtitle C—Grants for Incentive Payments output efficiency of such facilities by at ed by striking subsection d. and inserting for Capital Improvements To Increase Effi- least 1 percent. the following: ciency (b) LIMITATIONS.— ‘‘d. Notwithstanding subsection a., no con- SEC. 4420. NUCLEAR ENERGY PRODUCTION IN- (1) Incentive payments under this section tractor, subcontractor, or supplier consid- CENTIVES. shall not exceed 10 percent of the costs of the ered to be nonprofit under the Internal Rev- (a) INCENTIVE PAYMENTS.—For electric en- capital improvement concerned and not enue Code of 1954 shall be subject to a civil ergy generated and sold by an existing nu- more than 1 payment may be made with re- penalty under this section in excess of the clear energy facility during the incentive pe- spect to improvements at a single facility. amount of any performance fee paid by the riod, the Secretary of Energy shall make, (2) No payments in excess of $1,000,000 in Secretary to such contractor, subcontractor, subject to the availability of appropriations, the aggregate may be made with respect to or supplier under the contract under which incentive payments to the owner or operator improvements at a single facility. the violation or violations; occur.’’. of such facility. The amount of such pay- (3) Payments may be made by the Depart- SEC. 4408. EFFECTIVE DATE. ment made to any such owner or operator ment or used by a facility to offset the costs (a) IN GENERAL.—The amendments made by shall be as determined under subsection (e) of NRC permitting fees for a capital im- this subtitle shall become effective on the of this section. Payments under this section provement. date of enactment of this Act. may only be made upon receipt by the Sec- (4) Payments made by the Department to (b) INDEMNIFICATION PROVISIONS.—The retary of an incentive payment application, the Nuclear Regulatory Commission for per- amendments made by sections 4403 and 4404 which establishes that the applicant is eligi- mitting an improvement that can impact shall not apply to any nuclear incident oc- ble to receive such payment and which satis- multiple facilities are not subject to the lim- curring before the date of enactment of this fies such other requirements as the Sec- itation in (b)(2). Act. retary deems necessary. Such application (c) AUTHORIZATION.—There is authorized to (c) CIVIL PENALTY PROVISIONS.—The shall be in such form, and shall be submitted be appropriated to carry out this section not amendments made by section 4407 to section at such time, as the Secretary shall estab- more than $20,000,000 in each fiscal year after 234A of the Atomic Energy Act of 1954 (42 lish. fiscal year 2001. U.S.C. 2282a(b)(2)) shall not apply to any vio- (b) DEFINITIONS.—For purposes of this sec- TITLE V—ARCTIC COASTAL PLAIN DOMES- lation occurring under a contract entered tion: TIC ENERGY SECURITY ACT OF 2001 into before the date of enactment of this (1) QUALIFIED NUCLEAR ENERGY FACILITY.— Act. SEC. 4501. SHORT TITLE. The term ‘‘qualified nuclear energy facility’’ This title may be cited as the ‘‘Arctic Subtitle B—Funding From the Department of means an existing reactor used to generate Coastal Plain Domestic Energy Security Act Energy electricity for sale. of 2001’’. SEC. 4410. NUCLEAR ENERGY RESEARCH INITIA- (2) EXISTING REACTOR.—The term ‘‘existing SEC. 4502. DEFINITIONS. TIVE. reactor’’ means any nuclear reactor the con- There are authorized to be appropriated When used in this title the term— struction of which was completed and li- (1) ‘‘1002 Area’’ means that area identified $60,000,000 for fiscal year 2002 and such sums censed by the Nuclear Regulatory Commis- as are necessary for each fiscal year there- as ‘‘Coastal Plain’’ in the map entitled ‘‘Arc- sion before the date of enactment of this sec- tic National Wildlife Refuge’’, dated August after for a Nuclear Energy Research Initia- tion. tive to be managed by the Director of the Of- 1980, as referenced in section 1002(b) of the (c) INCENTIVE PERIOD.—A qualified nuclear Alaska National Interest Lands Conserva- fice of Nuclear Energy, for grants to be com- energy facility may receive payments under petitively awarded and subject to peer re- tion Act of 1980 (16 U.S.C. 3142(b)(1)) com- this section for a period of 15 years (referred prising approximately 1,549,000 acres; and view for research relating to nuclear energy. to in this section as the ‘‘incentive period’’). The Secretary of Energy shall submit to the (2) ‘‘Secretary’’, except as otherwise pro- (d) AMOUNT OF PAYMENT.— vided, means the Secretary of the Interior or Committee on Science and the Committee on (1) Payments made by the Secretary under Appropriations in the House of Representa- the Secretary’s designee. this section to the owner or operator of a nu- SEC. 4503. LEASING PROGRAM FOR LANDS WITH- tives, and to the Committee on Energy and clear energy facility shall be based on the in- Natural Resources and the Committee on IN THE ANWR 1002 AREA. creased volume of kilowatt hours of elec- Appropriations of the Senate, an annual re- (a) AUTHORIZATION.—Congress hereby au- tricity generated by the qualified nuclear en- port on the activities of the Nuclear Energy thorizes and directs the Secretary, acting ergy facility during the incentive period. Research Initiative. through the Bureau of Land Management in The amount of such payment shall be 1 mill consultation with the Fish and Wildlife Serv- SEC. 4411. NUCLEAR ENERGY PLANT OPTIMIZA- for each kilowatt-hour produced in excess of TION PROGRAM. ice and other appropriate Federal offices and There are authorized to be appropriated the total generation produced over the most agencies, to take such actions as are nec- $10,000,000 for fiscal year 2002 and such sums recent calendar year prior to the first fiscal essary to establish and implement a com- as are necessary for each fiscal year there- year in which payment is sought. Such pay- petitive oil and gas leasing program that will after for a Nuclear Energy Plant Optimiza- ment is subject to the availability of appro- result in an environmentally sound program tion Program to be managed by the Director priations under subsection (f), except that no for the exploration, development, and pro- of the Office of Nuclear Energy, for a joint facility may receive more than $2,000,000 in 1 duction of the oil and gas resources of the program with industry cost-shared by at calendar year. 1002 Area and to administer the provisions of least 50 percent and subject to annual review (2) The amount of the payment made to this title through regulations, lease terms, by the Secretary of Energy’s Nuclear Energy any person under this section as provided in conditions, restrictions, prohibitions, stipu- Research Advisory Council. The Secretary of paragraph (1) shall be adjusted for inflation lations and other provisions that ensure the Energy shall submit to the Committee on for each fiscal year beginning after calendar oil and gas exploration, development, and Science and the Committee on Appropria- year 2001 in the same manner as provided in production activities on the 1002 Area will tions in the House of Representatives, and to the provisions of section 29(d)(2)(B) of the In- result in no significant adverse effect on fish the Committee on Energy and Natural Re- ternal Revenue Code of 1986, except that in and wildlife, their habitat, subsistence re- sources and the Committee on Appropria- applying such provisions, the calendar year sources, and the environment, and shall re- tions of the Senate, an annual report on the 2001 shall be substituted for the calendar quire the application of the best commer- activities of the Nuclear Energy Plant Opti- year 1979. cially available technology for oil and gas mization Program. (e) SUNSET.—No payment may be made exploration, development, and production, under this section to any nuclear energy fa- SEC. 4412. NUCLEAR ENERGY TECHNOLOGY DE- on all new exploration, development, and VELOPMENT PROGRAM. cility after the expiration of the period of 20 production operations, and whenever prac- There are authorized to be appropriated fiscal years beginning with fiscal year 2001, ticable, on existing operations, and in a man- $25,000,000 for fiscal year 2002 and such sums and no payment may be made under this sec- ner to ensure the receipt of fair market as are necessary for each fiscal year there- tion to any such facility after a payment has value by the public for the mineral resources after for a Nuclear Energy Technology De- been made with respect to such facility for a to be leased. velopment Program to be managed by the period of 15 fiscal years. (b) REPEAL.—The prohibitions and limita- Director of the Office of Nuclear Energy, for (f) AUTHORIZATION OF APPROPRIATIONS.— tions contained in section 1003 of the Alaska a roadmap to design and develop a new nu- There are authorized to be appropriated to National Interest Lands Conservation Act of clear energy facility in the United States the Secretary to carry out the purposes of 1980 (16 U.S.C. 3143) are hereby repealed. and subject to annual review by the Sec- this section $50,000,000 for each of the fiscal (c) COMPATIBILITY.—Congress hereby deter- retary of Energy’s Nuclear Energy Research years 2001 through 2015. mines that the oil and gas leasing program Advisory Council. The Secretary of Energy SEC. 4421. NUCLEAR ENERGY EFFICIENCY IM- and activities authorized by this section in shall submit to the Committee on Science PROVEMENT. the 1002 Area are compatible with the pur- and the Committee on Appropriations in the (a) INCENTIVE PAYMENTS.—The Secretary of poses for which the Arctic National Wildlife House of Representatives, and to the Com- Energy shall make incentive payments to Refuge was established, and that no further mittee on Energy and Natural Resources and the owners or operators of qualified nuclear findings or decisions are required to imple- the Committee on Appropriations of the Sen- energy facilities to be used to make capital ment this determination. ate, an annual report on the activities of the improvements in the facilities that are di- (d) SOLE AUTHORITY.—This title shall be Nuclear Technology Development Program. rectly related to improving the electrical the sole authority for leasing on the 1002

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9644 CONGRESSIONAL RECORD — SENATE September 21, 2001 Area: Provided, That nothing in this title retary to develop and promulgate the regula- tion, corporation, or other business organiza- shall be deemed to expand or limit State and tions for the establishment of the leasing tion immunity from civil or criminal liabil- local regulatory authority. program authorized by this title, to conduct ity, or to create defenses to actions, under (e) FEDERAL LAND.—The 1002 Area shall be the first lease sale and any subsequent lease any antitrust law. considered ‘‘Federal land’’ for the purposes sale authorized by this title, and to grant (e) DEFINITIONS.—As used in this section, of the Federal Oil and Gas Royalty Manage- rights-of-way and easements to carry out the the term— ment Act of 1982. purposes of this title. (1) ‘‘antitrust review’’ shall be deemed an (f) SPECIAL AREAS.—The Secretary, after SEC. 4506. LEASE SALES. ‘‘antitrust investigation’’ for the purposes of consultation with the State of Alaska, City (a) LEASE SALES.—Lands may be leased the Antitrust Civil Process Act (15 U.S.C. of Kaktovik, and the North Slope Borough, pursuant to the provisions of this title to 1311 et seq.); and is authorized to designate up to a total of any person qualified to obtain a lease for de- (2) ‘‘antitrust laws’’ means the Acts re- 45,000 acres of the 1002 Area as Special Areas posits of oil and gas under the Mineral Leas- ferred to in section 1 of the Clayton Act (15 and close such areas to leasing if the Sec- ing Act (30 U.S.C. 181 et seq.). U.S.C. 12). retary determines that these Special Areas (b) PROCEDURES.—The Secretary shall, by SEC. 4508. LEASE TERMS AND CONDITIONS. are of such unique character and interest so regulation, establish procedures for— An oil or gas lease issued pursuant to this as to require special management and regu- (1) receipt and consideration of sealed title shall— latory protection. The Secretary may, how- nominations for any area in the 1002 Area for (1) be for a tract consisting of a compact ever, permit leasing of all or portions of any inclusion in, or exclusion (as provided in sub- area not to exceed 5,760 acres, or 9 surveyed Special Areas within the 1002 Area by setting section (c)) from, a lease sale; and or protracted sections which shall be as com- lease terms that limit or condition surface (2) public notice of and comment on des- pact in form as possible; use and occupancy by lessees of such lands ignation of areas to be included in, or ex- (2) be for an initial period of 10 years and but permit the use of horizontal drilling cluded from, a lease sale. shall be extended for so long thereafter as oil technology from sites on leases located out- (c) LEASE SALES ON 1002 AREA.—The Sec- or gas is produced in paying quantities from side the designated Special Areas. retary shall, by regulation, provide for lease the lease or unit area to which the lease is (g) LIMITATION ON CLOSED AREAS.—The sales of lands on the 1002 Area. When lease committed or for so long as drilling or re- Secretary’s sole authority to close lands sales are to be held, they shall occur after working operations, as approved by the Sec- within the 1002 Area to oil and gas leasing the nomination process provided for in sub- retary, are conducted on the lease or unit and to exploration, development, and produc- section (b) of this section. For the first lease area; tion is that set forth in this title. sale, the Secretary shall offer for lease those (3) require the payment of royalty as pro- (h) CONVEYANCE.—In order to maximize acres receiving the greatest number of nomi- vided for in section 4507 of this title; Federal revenues by removing clouds on title nations, but no less than 200,000 acres and no (4) require that exploration activities pur- of lands and clarifying land ownership pat- more than 300,000 acres shall be offered. If suant to any lease issued or maintained terns within the 1002 Area, the Secretary, the total acreage nominated is less than under this title shall be conducted in accord- notwithstanding the provisions of section 200,000 acres, the Secretary shall include in ance with an exploration plan or a revision 1302(h)(2) of the Alaska National Interest such sales any other acreage which he be- of such plan approved by the Secretary; Lands Conservation Act (16 U.S.C. 3192(h)(2)), lieves has the highest resource potential, but (5) require that all development and pro- is authorized and directed to convey (1) to in no event shall more than 300,000 acres be duction pursuant to a lease issued or main- the Kaktovik Inupiat Corporation the sur- offered in such sale. With respect to subse- tained pursuant to this title shall be con- face estate of the lands described in para- quent lease sales, the Secretary shall offer ducted in accordance with development and graph 2 of Public Land Order 6959, to the ex- for lease no less than 200,000 acres of the 1002 production plans approved by the Secretary; tent necessary to fulfill the Corporation’s Area. The initial lease sale shall be held (6) require posting of bond as required by entitlement under section 12 of the Alaska within 20 months of the date of enactment of section 4509 of this title; Native Claims Settlement Act (43 U.S.C. this title. The second lease sale shall be held (7) provide that the Secretary may close, 1611), and (2) to the Arctic Slope Regional not later than 2 years after the initial sale, on a seasonal basis, portions of the 1002 Area Corporation the subsurface estate beneath with additional sales conducted not later to exploratory drilling activities as nec- such surface estate pursuant to the August 9, than 1 year thereafter so long as sufficient essary to protect caribou calving areas and 1983, agreement between the Arctic Slope Re- interest in development exists to warrant, in other species of fish and wildlife; gional Corporation and the United States of the Secretary’s judgment, the conduct of (8) contain such provisions relating to America. such sales. rental and other fees as the Secretary may SEC. 4504. RULES AND REGULATIONS. SEC. 4507. GRANT OF LEASES BY THE SEC- prescribe at the time of offering the area for (a) PROMULGATION.—The Secretary shall RETARY. lease; prescribe such rules and regulations as may (a) IN GENERAL.—The Secretary is author- (9) provide that the Secretary may direct be necessary to carry out the purposes and ized to grant to the highest responsible or assent to the suspension of operations and provisions of this title, including rules and qualified bidder by sealed competitive cash production under any lease granted under regulations relating to protection of the fish bonus bid any lands to be leased on the 1002 the terms of this title in the interest of con- and wildlife, their habitat, subsistence re- Area upon payment by the lessee of such servation of the resource or where there is sources, and the environment of the 1002 bonus as may be accepted by the Secretary no available system to transport the re- Area. Such rules and regulations shall be and of such royalty as may be fixed in the source. If such a suspension is directed or as- promulgated not later than fourteen months lease, which shall be not less than 121⁄2 per- sented to by the Secretary, any payment of after the date of enactment of this title and cent in amount or value of the production re- rental prescribed by such lease shall be sus- shall, as of their effective date, apply to all moved or sold from the lease. pended during such period of suspension of operations conducted under a lease issued or (b) ANTITRUST REVIEW.—Following each operations and production, and the term of maintained under the provisions of this title notice of a proposed lease sale and before the the lease shall be extended by adding any and all operations on the 1002 Area related to acceptance of bids and the issuance of leases such suspension period thereto; the leasing, exploration, development and based on such bids, the Secretary shall allow (10) provide that whenever the owner of a production of oil and gas. the Attorney General, in consultation with nonproducing lease fails to comply with any (b) REVISION OF REGULATIONS.—The Sec- the Federal Trade Commission, 30 days to of the provisions of this title, or of any appli- retary shall periodically review and, if ap- perform an antitrust review of the results of cable provision of Federal or State environ- propriate, revise the rules and regulations such lease sale on the likely effects the mental law, or of the lease, or of any regula- issued under subsection (a) of this section to issuance of such leases would have on com- tion issued under this title, such lease may reflect any significant biological, environ- petition and the Attorney General shall ad- be canceled by the Secretary if such default mental, or engineering data which come to vise the Secretary with respect to such re- continues for more than thirty days after the Secretary’s attention. view, including any recommendation for the mailing of notice by registered letter to the SEC. 4505. ADEQUACY OF THE DEPARTMENT OF nonacceptance of any bid or the imposition lease owner at the lease owner’s post office THE INTERIOR’S LEGISLATIVE ENVI- of terms or conditions on any lease, as may address of record; RONMENTAL IMPACT STATEMENT. be appropriate to prevent any situation in- (11) provide that whenever the owner of The ‘‘Final Legislative Environmental Im- consistent with the antitrust laws. any producing lease fails to comply with any pact Statement’’ (April 1987) prepared pursu- (c) SUBSEQUENT TRANSFERS.—No lease of the provisions of this title, or of any appli- ant to section 1002 of the Alaska National In- issued under this title may be sold, ex- cable provision of Federal or State environ- terest Lands Conservation Act of 1980 (16 changed, assigned, sublet, or otherwise mental law, or of the lease, or of any regula- U.S.C. 3142) and section 102(2)(C) of the Na- transferred except with the approval of the tion issued under this title, such lease may tional Environmental Policy Act of 1969 (42 Secretary. Prior to any such approval the be forfeited and canceled by any appropriate U.S.C. 4332(2)(C)) is hereby found by Congress Secretary shall consult with, and give due proceeding brought by the Secretary in any to be adequate to satisfy the legal and proce- consideration to the views of, the Attorney United States district court having jurisdic- dural requirements of the National Environ- General. tion under the provisions of this title; mental Policy Act of 1969 with respect to ac- (d) IMMUNITY.—Nothing in this title shall (12) provide that cancellation of a lease tions authorized to be taken by the Sec- be deemed to convey to any person, associa- under this title shall in no way release the

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9645 owner of the lease from the obligation to timely reclamation of the lease tract, and SEC. 4511. EXPEDITED JUDICIAL REVIEW. provide for reclamation of the lease site; the restoration of any lands or surface (a) Any complaint seeking judicial review (13) allow the lessee, at the discretion of waters adversely affected by lease operations of any provision in this title, or any other the Secretary, to make written relinquish- after the abandonment or cessation of oil action of the Secretary under this title may ment of all rights under any lease issued pur- and gas operations on the lease. Such bond, be filed in any appropriate district court of suant to this title. The Secretary shall ac- surety, or financial arrangement is in addi- the United States, and such complaint must cept such relinquishment by the lessee of tion to, and not in lieu of, any bond, surety, be filed within ninety days from the date of any lease issued under this title where there or financial arrangement required by any the action being challenged, or after such has not been surface disturbance on the other regulatory authority or required by date if such complaint is based solely on lands covered by the lease; any other provision of law. grounds arising after such ninetieth day, in (14) provide that for the purpose of con- (b) AMOUNT.—The bond, surety, or finan- which case the complaint must be filed with- serving the natural resources of any oil or cial arrangement shall be in an amount— in ninety days after the complainant knew gas pool, field, or like area, or any part (1) to be determined by the Secretary to or reasonably should have known of the thereof, and in order to avoid the unneces- provide for reclamation of the lease site in grounds for the complaint: Provided, That sary duplication of facilities, to protect the accordance with an approved or revised ex- any complaint seeking judicial review of an environment of the 1002 Area, and to protect ploration or development and production action of the Secretary in promulgating any correlative rights, the Secretary shall re- plan; plus regulation under this title may be filed only quire that, to the greatest extent prac- (2) set by the Secretary consistent with the in the United States Court of Appeals for the ticable, lessees unite with each other in col- type of operations proposed, to provide the District of Columbia. lectively adopting and operating under a co- means for rapid and effective cleanup, and to (b) Actions of the Secretary with respect operative or unit plan of development for op- minimize damages resulting from an oil to which review could have been obtained eration of such pool, field, or like area, or spill, the escape of gas, refuse, domestic under this section shall not be subject to ju- any part thereof, and the Secretary is also wastewater, hazardous or toxic substances, dicial review in any civil or criminal pro- authorized and directed to enter into such or fire caused by oil and gas activities. ceeding for enforcement. agreements as are necessary or appropriate (c) ADJUSTMENT.—In the event that an ap- SEC. 4512. RIGHTS-OF-WAY ACROSS THE 1002 for the protection of the United States proved exploration or development and pro- AREA. against drainage; duction plan is revised, the Secretary may Notwithstanding title XI of the Alaska Na- (15) require that the holder of a lease or adjust the amount of the bond, surety, or tional Interest Lands Conservation Act of leases on lands within the 1002 Area shall be other financial arrangement to conform to 1980 (16 U.S.C. 3161 et seq.), the Secretary is fully responsible and liable for the reclama- such modified plan. authorized and directed to grant, in accord- tion of those lands within and any other Fed- (d) DURATION.—The responsibility and li- ance with the provisions of subsections (c) eral lands adversely affected in connection ability of the lessee and its surety under the through (t) and (v) through (y) of section 28 bond, surety, or other financial arrangement with exploration, development, production of the Mineral Leasing Act of 1920 (30 U.S.C. shall continue until such time as the Sec- or transportation activities on a lease within 185), rights-of-way and easements across the retary determines that there has been com- the 1002 Area by the holder of a lease or as 1002 Area for the transportation of oil and pliance with the terms and conditions of the a result of activities conducted on the lease gas under such terms and conditions as may by any of the leaseholder’s subcontractors or lease and all applicable laws. (e) TERMINATION.—Within 60 days after de- be necessary so as not to result in a signifi- agents; termining that there has been compliance cant adverse effect on the fish and wildlife, (16) provide that the holder of a lease may with the terms and conditions of the lease subsistence resources, their habitat, and the not delegate or convey, by contract or other- and all applicable laws, the Secretary, after environment of the 1002 Area. Such terms wise, the reclamation responsibility and li- consultation with affected Federal and State and conditions shall include requirements ability to another party without the express agencies, shall notify the lessee that the pe- that facilities be sited or modified so as to written approval of the Secretary; riod of liability under the bond, surety, or avoid unnecessary duplication of roads and (17) provide that the standard of reclama- other financial arrangement has been termi- pipelines. The regulations issued as required tion for lands required to be reclaimed under nated. by section 4504 of this title shall include pro- this title be, as nearly as practicable, a con- SEC. 4510. OIL AND GAS INFORMATION. visions granting rights-of-way and ease- dition capable of supporting the uses which (a) IN GENERAL.—(1) Any lessee or per- ments across the 1002 Area. the lands were capable of supporting prior to mittee conducting any exploration for, or de- SEC. 4513. ENFORCEMENT OF SAFETY AND ENVI- any exploration, development, or production velopment or production of, oil or gas pursu- RONMENTAL REGULATIONS TO EN- activities, or upon application by the lessee, ant to this title shall provide the Secretary SURE COMPLIANCE WITH TERMS to a higher or better use as approved by the access to all data and information from any AND CONDITIONS OF LEASE. Secretary; lease granted pursuant to this title (includ- (a) RESPONSIBILITY OF THE SECRETARY.— (18) contain the terms and conditions relat- ing processed and analyzed) obtained from The Secretary shall diligently enforce all ing to protection of fish and wildlife, their such activity and shall provide copies of such regulations, lease terms, conditions, restric- habitat, and the environment, as required by data and information as the Secretary may tions, prohibitions, and stipulations promul- section 4503(a) of this title; request. Such data and information shall be gated pursuant to this title. (19) provide that the holder of a lease, its provided in accordance with regulations (b) RESPONSIBILITY OF HOLDERS OF LEASE.— agents, and contractors use best efforts to which the Secretary shall prescribe. It shall be the responsibility of any holder of provide a fair share, as determined by the (2) If processed and analyzed information a lease under this title to— level of obligation previously agreed to in provided pursuant to paragraph (1) is pro- (1) maintain all operations within such the 1974 agreement implementing section 29 vided in good faith by the lessee or per- lease area in compliance with regulations in- of the Federal Agreement and Grant of Right mittee, such lessee or permittee shall not be tended to protect persons and property on, of Way for the Operation of the Trans-Alaska responsible for any consequence of the use or and fish and wildlife, their habitat, subsist- Pipeline, of employment and contracting for of reliance upon such processed and analyzed ence resources, and the environment of, the Alaska Natives and Alaska Native Corpora- information. 1002 Area; and tions from throughout the State; (3) Whenever any data or information is (2) allow prompt access at the site of any (20) require project agreements to the ex- provided to the Secretary, pursuant to para- operations subject to regulation under this tent feasible that will ensure productivity graph (1)— title to any appropriate Federal or State in- and consistency recognizing a national inter- (A) by a lessee or permittee, in the form spector, and to provide such documents and est in both labor stability and the ability of and manner of processing which is utilized records which are pertinent to occupational construction labor and management to meet by such lessee or permittee in the normal or public health, safety, or environmental the particular needs and conditions of conduct of business, the Secretary shall pay protection, as may be requested. projects to be developed under leases issued the reasonable cost of reproducing such data (c) ON-SITE INSPECTION.—The Secretary pursuant to this title; and and information; or shall promulgate regulations to provide for— (21) contain such other provisions as the (B) by a lessee or permittee, in such other (1) scheduled onsite inspection by the Sec- Secretary determines necessary to ensure form and manner of processing as the Sec- retary, at least twice a year, of each facility compliance with the provisions of this title retary may request, the Secretary shall pay on the 1002 Area which is subject to any envi- and the regulations issued under this title. the reasonable cost of processing and repro- ronmental or safety regulation promulgated pursuant to this title or conditions con- SEC. 4509. BONDING REQUIREMENTS TO ENSURE ducing such data and information. FINANCIAL RESPONSIBILITY OF LES- (b) REGULATIONS.—The Secretary shall pre- tained in any lease issued pursuant to this SEE AND AVOID FEDERAL LIABILITY. scribe regulations to: title to ensure compliance with such envi- (a) REQUIREMENT.—The Secretary shall, by (1) ensure that the confidentiality of privi- ronmental or safety regulations or condi- rule or regulation, establish such standards leged or proprietary information received by tions; and as may be necessary to ensure that an ade- the Secretary under this section will be (2) periodic onsite inspection by the Sec- quate bond, surety, or other financial ar- maintained; and retary at least once a year without advance rangement will be established prior to the (2) set forth the time periods and condi- notice to the operator of such facility to en- commencement of surface disturbing activi- tions which shall be applicable to the release sure compliance with all environmental or ties on any lease, to ensure the complete and of such information. safety regulations.

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SEC. 4514. NEW REVENUES. (b) IN GENERAL.—The Secretary of Energy (2) Fifteen percent shall be used to make (a) DEPOSIT INTO TREASURY.—Notwith- may, through the Program, make grants to— grants under subsection (b)(2). standing any other provision of law, all reve- (1) be provided to school districts to imple- (3) Fifteen percent shall be used to make nues received by the Federal Government ment the purpose of this section; grants under subsection (b)(3). from competitive bids, sales, bonuses, royal- (2) administer the program of assistance to (h) OTHER FUNDS.—The Secretary of En- ties, rents, fees, or interest derived from the school districts pursuant to this section; and ergy may, through the Program established leasing of oil and gas within the 1002 Area (3) promote participation by school dis- under subsection (a), retain an amount, not shall be deposited into the Treasury of the tricts in the program established by this sec- exceed $300,000 per year, to assist State en- United States, solely as provided in this sec- tion. ergy offices in coordinating and imple- tion. The Secretary of the Treasury shall (c) GRANTS TO ASSIST SCHOOL DISTRICTS.— menting such Program. Such funds may be pay to the State of Alaska the same percent- Grants under subsection (b)(1) shall be used used to develop reference materials to fur- age of such revenues as is set forth under the to achieve energy efficiency performance not ther define the principles and criteria to heading ‘‘EXPLORATION OF NATIONAL less than 30 percent beyond the levels pre- achieve energy efficient school buildings. PETROLEUM RESERVE IN ALASKA’’ in scribed in the 1998 International Energy Con- (i) AUTHORIZATION OF APPROPRIATIONS.— Public Law 96–514 (94 Stat. 2957, 2964) semi- servation Code as it is in effect for new con- For this section, there are authorized to be annually to the State of Alaska, on March 30 struction and existing buildings. Grants appropriated $200,000,000 for each of fiscal and September 30 of each year and shall de- under such subsection shall be made to years 2002 through 2005, and such sums as posit the balance of all such revenues as mis- school districts that have— may be necessary for each of fiscal years 2006 cellaneous receipts in the Treasury. Not- (1) demonstrated a need for such grants in through 2011. withstanding any other provision of law, the order to respond appropriately to increasing (j) DEFINITIONS.— Secretary of the Treasury shall monitor the elementary and secondary school enroll- (1) ELEMENTARY AND SECONDARY SCHOOL.— total revenue deposited into the Treasury as ments or to make major investments in ren- The terms ‘‘elementary school’’ and ‘‘sec- miscellaneous receipts from oil and gas ovation of school facilities; ondary school’’ shall have the same meaning leases issued under the authority of this sub- (2) demonstrated that the districts do not given such terms in paragraphs (14) and (25) title and shall deposit amounts received as have adequate funds to respond appro- of section 14101 of the Elementary and Sec- bonus bids into a special fund established in priately to such enrollments or achieve such ondary Education Act of 1965 (20 U.S.C. the Treasury of the United States known as investments without assistance; and 8801(14),(25)). the Renewable Energy Research and Devel- (3) made a commitment to use the grant (2) ENERGY EFFICIENT SCHOOL BUILDING.— opment Fund (referred to in this section as funds to develop energy efficient school The term ‘‘energy efficient school building’’ the ‘‘Renewable Energy Fund’’). buildings in accordance with the plan devel- refers to a school building which, in its de- (b) USE OF RENEWABLE ENERGY FUND.—Of sign, construction, operation, and mainte- the amounts in the Renewable Energy Fund, oped and approved pursuant to subsection (e)(1). nance maximizes use of renewable energy an amount equal to ten percent of the total and efficient energy practices, is cost-effec- (d) OTHER GRANTS.— deposits shall be made available to the Sec- tive on a life-cycle basis, uses affordable, en- retary of Energy, without further appropria- (1) GRANTS FOR ADMINISTRATION.—Grants under subsection (b)(2) shall be used to vironmentally preferable, durable materials, tion, at the beginning of each fiscal year in enhances indoor environmental quality, pro- which amounts are available, and may be ex- evaluate compliance by school districts with the requirements of this section and in addi- tects and conserves water, and optimizes site pended by the Secretary of Energy for re- potential. search and development of renewable domes- tion may be used for— (A) distributing information and materials (3) RENEWABLE ENERGY.—The term ‘‘renew- tic energy resources of wind, solar, biomass, able energy’’ means energy produced by geothermal and hydroelectric. Such amounts to clearly define and promote the develop- ment of energy efficient school buildings for solar, wind, geothermal, hydroelectric shall remain available until expended and power, and biomass power. shall be in addition to funds appropriated in both new and existing facilities; SEC. 4603. AMENDMENTS TO WEATHERIZATION the preceding fiscal year to the Secretary of (B) organizing and conducting programs for school board members, school district ASSISTANCE PROGRAM. Energy for renewable energy research, devel- (a) ELIGIBILITY.—Section 412(7) of the En- personnel, architects, engineers, and others opment and demonstration programs author- ergy Conservation and Production Act (42 to advance the concepts of energy efficient ized by section 103 of the Energy Reorganiza- U.S.C. 6862(7)) is amended— school buildings; tion Act of 1974 (42 U.S.C. 5813). The Sec- (1) in paragraph (7)(A), by striking ‘‘125’’ (C) obtaining technical services and assist- retary of Energy shall develop procedures for and inserting ‘‘150’’; and ance in planning and designing energy effi- the use of the Renewable Energy Fund that (2) in paragraph (7)(C), by striking ‘‘125’’ cient school buildings; and ensure accountability and demonstrated re- and inserting ‘‘150’’. (D) collecting and monitoring data and in- sults. Beginning the first full fiscal year (b) AUTHORIZATION OF APPROPRIATIONS.— after deposits are made into the Renewable formation pertaining to the energy efficient Section 422(a) of the Energy Conservation Energy Fund, the Secretary of Energy shall school building projects. and Production Act (42 U.S.C. 6872(a)) is submit an annual report to the Committee (2) GRANTS TO PROMOTE PARTICIPATION.— amended— on Energy and Natural Resources of the Grants under subsection (b)(3) may be used (1) by striking ‘‘$200,000,000’’ and inserting United States Senate and the appropriate for promotional and marketing activities, ‘‘$250,000,000’’; and committees of the United States House of including facilitating private and public fi- (2) by striking ‘‘1991’’ and all that follows Representatives detailing the use of any ex- nancing, promoting the use of energy service through ‘‘1994.’’ and inserting ‘‘2002, penditures. companies, working with school administra- $325,000,000 for fiscal year 2003, $400,000,000 for TITLE VI—ENERGY EFFICIENCY, CON- tions, students, and communities, and co- fiscal year 2004, $500,000,000 for fiscal year SERVATION, AND ASSISTANCE TO LOW- ordinating public benefit programs. 2005, and such sums as are necessary for each INCOME FAMILIES (e) IMPLEMENTATION.— fiscal year thereafter.’’. (1) PLANS.—Grants under subsection (b) SEC. 4601. EXTENSION OF LOW INCOME HOME SEC. 4604. AMENDMENTS TO STATE ENERGY PRO- ENERGY ASSISTANCE PROGRAM. shall be provided only to school districts GRAM. that, in consultation with State offices of (a) AUTHORIZATION OF APPROPRIATIONS.— (a) STATE ENERGY CONSERVATION PLANS.— Section 2602(b) of the Omnibus Budget Rec- energy and education, have developed plans Section 362 of the Energy Policy and Con- onciliation Act of 1981 (42 U.S.C. 8621), is that the State energy office determines to be servation Act (42 U.S.C. 6322) is amended amended by striking ‘‘such sums as may be feasible and appropriate in order to achieve by— necessary for each of fiscal years 2000 and the purposes for which such grants were (1) redesignating subsection (f) as sub- 2001, and $2,000,000,000 for each of fiscal years made. section (g); and 2002 through 2004’’ and inserting (2) SUPPLEMENTING GRANT FUNDS.—The (2) inserting after subsection (e) the fol- ‘‘$3,000,000,000 for each of fiscal years 2000 State agency referred to in paragraph (1) lowing: through 2010’’. shall encourage qualifying school districts to ‘‘(f) The Secretary shall, at least once (b) PAYMENTS TO STATES.—Section supplement their grant funds with funds every 3 years, invite the Governor of each 2602(d)(2) of the Omnibus Budget Reconcili- from other sources in the implementation of State to review and, if necessary, revise the ation Act of 1981 (42 U.S.C. 8621) is amended their plans. energy conservation plan of such State sub- by striking ‘‘2004’’ and inserting ‘‘2010’’. (f) ALLOCATION OF FUNDS.—Except as pro- mitted under subsection (b) or (e). Such re- (c) EMERGENCY FUNDS.—Section 2602(e) of vided in subsection (c), funds appropriated views should consider the energy conserva- the Omnibus Budget Reconciliation Act of for the implementation of this section shall tion plans of other States within the region, 1981 (42 U.S.C. 8621), is amended by striking be provided to State energy offices to admin- and identify opportunities and actions car- ‘‘$600,000,000’’ and inserting ‘‘$1,000,000,000’’. ister the program of assistance to school dis- ried out in pursuit of common energy con- SEC. 4602. ENERGY EFFICIENT SCHOOLS PRO- tricts under this section. servation goals.’’. GRAM. (g) PURPOSES.—Except as provided in sub- (b) STATE ENERGY EFFICIENCY GOALS.—Sec- (a) ESTABLISHMENT.—There is established section (c), funds appropriated under this tion 364 of the Energy Policy and Conserva- in the Department of Energy the Energy Ef- section shall be allocated as follows: tion Act (42 U.S.C. 6324) is amended— ficient Schools Program (referred to in this (1) Seventy percent shall be used to make (1) by striking ‘‘October 1, 1991’’ and insert- section as the ‘‘Program’’). grants under subsection (b)(1). ing ‘‘January 1, 2001’’;

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9647 (2) by striking ‘‘10’’ and inserting ‘‘25’’; and ‘‘(6) A utility incentive program may in- cal year, for an Energy Efficiency Science (3) by striking ‘‘2000’’ and inserting ‘‘2010’’. clude a contract or contract term for a re- Initiative to be managed by the Assistant (c) AUTHORIZATION OF APPROPRIATIONS.— duction in the cost of energy, from a base Secretary for Energy Efficiency and Renew- Section 365(f)(1) of the Energy Policy and cost established through a methodology set able Energy in consultation with the Direc- Conservation Act (42 U.S.C. 6325(f)(1)) is forth in such a contract, that would other- tor of the Office of Science, for grants to be amended by striking ‘‘and’’ and all that fol- wise be utilized in 1 or more federally owned competitively awarded and subject to peer lows through ‘‘1993.’’ and inserting buildings or other federally owned facilities review for research relating to energy effi- ‘‘$45,000,000 for fiscal year 1993, $75,000,000 for by reason of the construction or operation of ciency. The Secretary of Energy shall submit fiscal year 2002, $100,000,000 for fiscal years 1 or more buildings or facilities, as well as to the Committee on Science and the Com- 2003 and 2004, $125,000,000 for fiscal year 2005, benefits ancillary to the purpose of such con- mittee on Appropriations of the United and such sums as are necessary for each fis- tract or contract term, including savings re- States House of Representatives, and to the cal year thereafter.’’. sulting from reduced costs of operation and Committee on Energy and Natural Resources SEC. 4605. ENHANCEMENT AND EXTENSION OF maintenance at new and/or additional build- and the Committee on Appropriations of the AUTHORITY RELATING TO FEDERAL ings or facilities when compared with the United States Senate, an annual report on ENERGY SAVINGS PERFORMANCE costs of operation and maintenance at exist- the activities of the Energy Efficiency CONTRACTS. ing buildings or facilities.’’. Science Initiative, including a description of (a) ENERGY SAVINGS THROUGH CONSTRUC- SEC. 4606. FEDERAL ENERGY EFFICIENCY RE- the process used to award the funds and an TION OF REPLACEMENT FACILITIES.—Section QUIREMENT. explanation of how the research relates to 804 of the National Energy Conservation Pol- energy efficiency. icy Act (42 U.S.C. 8287c) is amended— (a) IN GENERAL.—Through cost-effective (1) in paragraph (2)— measures, each agency shall reduce energy TITLE VII—ALTERNATIVE FUELS AND (A) by redesignating subparagraphs (A) and consumption per gross square foot of its fa- RENEWABLE ENERGY cilities by 30 percent by 2010 and 50 percent (B) as clauses (i) and (ii), respectively; Subtitle A—Alternative Fuels (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and by 2020 relative to 1990. (C) by adding at the end the following: (b) IMPLEMENTATION PLAN.—Not later than SEC. 4701. EXCEPTION TO HOV PASSENGER RE- ‘‘(B) The term ‘energy savings’ also means 1 year after date of enactment of this sec- QUIREMENTS FOR ALTERNATIVE a reduction in the cost of energy, from such tion, each agency shall develop and submit FUEL VEHICLES. a base cost established through a method- to Congress and the President an implemen- Section 102(a)(1) of title 23, United States ology set forth in the contract, that would tation plan for fulfilling the requirements of Code, is amended by inserting ‘‘(unless, at otherwise be utilized in 1 or more existing this section. the discretion of the State transportation federally owned buildings or other federally (c) ANNUAL REPORT.— department, the vehicle operates on, or is owned facilities by reason of the construc- (1) IN GENERAL.—Each agency shall meas- fueled by, an alternative fuel (as defined in tion and operation of 1 or more new build- ure and report annually to Congress and the section 301 of the Energy Policy Act of 1992 ings or facilities.’’; and President its progress in meeting the re- (42 U.S.C. 13211)))’’ after ‘‘required’’. quirements of this section. (2) in paragraph (3), by inserting after the SEC. 4702. ALTERNATIVE FUEL VEHICLE CREDITS (2) GUIDELINES.—The Secretary of Energy, first sentence the following: ‘‘The terms also FOR INSTALLATION OF QUALIFYING mean a contract that provides for energy in consultation with the Administrator of INFRASTRUCTURE. the Energy Information Administration, savings through the construction or oper- Section 508 of the Energy Policy Act of ation of 1 or more new buildings or facili- shall develop and issue guidelines for agen- cies’ preparation of their annual report, in- 1992 (42 U.S.C. 13258) is amended by adding at ties.’’. the end the following: (b) COST SAVINGS FROM OPERATION AND cluding guidance on how to measure energy ‘‘(e) CREDIT FOR ACQUISITION OR INSTALLA- MAINTENANCE EFFICIENCIES IN REPLACEMENT consumption in Federal facilities. TION OF QUALIFYING INFRASTRUCTURE.—The FACILITIES.—Section 801(a) of the National (d) EXEMPTION OF CERTAIN FACILITIES.—A Secretary shall allocate an infrastructure Energy Conservation Policy Act (42 U.S.C. facility may be deemed exempt when the credit to a fleet or covered person that is re- 8287(a)) is amended by adding at the end the Secretary determines that compliance with quired to acquire an alternative fueled vehi- following: the Energy Policy Act of 1992 is not practical cle under this title, or to a Federal fleet as ‘‘(3)(A) In the case of an energy savings for that particular facility. Not later than 1 defined by section 303(b)(3) of title III of this contract or energy savings performance con- year from date of enactment, the Secretary Act, for the acquisition or installation of the tract providing for energy savings through shall, in consultation with the Adminis- fuel or the needed infrastructure, including the construction and operation of 1 or more trator of the Energy Information Adminis- the supply and delivery systems, necessary buildings or facilities to replace 1 or more tration, set guidelines for agencies to use in to operate or maintain the alternative fueled existing buildings or facilities, benefits an- excluding certain kinds of facilities to meet vehicle. Such necessary infrastructure shall cillary to the purpose of such contract under the requirements of this section. include— paragraph (1) may include savings resulting (e) APPLICABILITY.—The Department of De- ‘‘(1) equipment required to refuel or re- from reduced costs of operation and mainte- fense is subject to this order only to the ex- charge the alternative fueled vehicle; nance at new and/or additional buildings or tent that it does not impair or adversely af- ‘‘(2) facilities or equipment required to facilities, from a base cost of operation and fect military operations and training (in- maintain, repair or operate the alternative maintenance established through a method- cluding tactical aircraft, ships, weapons sys- fueled vehicle; ology set forth in the contract. tems, combat training, and border security). ‘‘(3) training programs, educational mate- ‘‘(B) Notwithstanding paragraph (2)(B), ag- (f) DEFINITIONS.—For the purposes of this rials or other activities necessary to provide gregate annual payments by an agency under section— information regarding the operation, main- an energy savings contract or energy savings (1) ‘‘agency’’ means an executive agency as tenance or benefits associated with the alter- performance contract referred to in subpara- defined in 5 U.S.C. 105. Military departments, native fueled vehicle; and graph (A) may take into account (through as defined in 5 U.S.C. 102, are covered under ‘‘(4) such other activity as the Secretary the procedures developed pursuant to this the auspices of the Department of Defense. deems an appropriate expenditure in support section) savings resulting from reduced costs (2) ‘‘facility’’ means any individual build- of the operation, maintenance or further of operation and maintenance as described in ing or collection of buildings, grounds, or wide spread adoption or utilization of the al- that subparagraph.’’. structure, as well as any fixture or part ternative fueled vehicle. (c) 5-YEAR EXTENSION OF AUTHORITY.—Sec- thereof, including the associated energy or tion 801(c) of the National Energy Conserva- water-consuming support systems, which is ‘‘(f) QUALIFYING INFRASTRUCTURE CREDIT.— tion Policy Act (42 U.S.C. 8287(c)) is amended constructed, renovated, or purchased in The term ‘infrastructure credit’ shall mean— by striking ‘‘October 1, 2003’’ and inserting whole or in part for use by the Federal Gov- ‘‘(1) that equipment or activity defined in ‘‘October 1, 2008’’. ernment. It includes leased facilities where subsection (e) above; and (d) UTILITY INCENTIVE PROGRAMS.—Section the Federal Government has a purchase op- ‘‘(2) be equivalent in cost to the acquisi- 546(e) of the National Energy Conservation tion or facilities planned for purchase. In tion of an alternative fueled vehicle for Policy Act (42 U.S.C. 8256(c)) is amended— any provision of this order, the term ‘‘facil- which the expenditure on the infrastructure (1) in paragraph (3), by adding at the end ity’’ also includes any building 100 percent is made. the following: ‘‘Such a utility incentive pro- leased for use by the Federal Government ‘‘(g) LIMITATION ON NUMBER OF INFRASTRUC- gram may include a contract or contract where the Federal Government pays directly TURE CREDITS ISSUED.—Each fleet or covered term designed to provide for cost-effective or indirectly for the utility costs associated person that is required to acquire an alter- electricity demand management, energy effi- with its leased space, and Government-owned native fueled vehicle under this title, or each ciency, or water conservation. Notwith- contractor-operated facilities. Federal fleet as defined by section 303(b)(3) of standing section 201(a)(3) of the Federal SEC. 4607. ENERGY EFFICIENCY SCIENCE INITIA- title III of this Act, shall be limited in the Property and Administrative Services Act of TIVE. number of infrastructure credits that may be 1949 (40 U.S.C. 481(a)(3)), such contracts or There are authorized to be appropriated acquired and used to meet the alternative contract terms may be made for periods not $25,000,000 for fiscal year 2001 and such sums fueled vehicle requirements of this Act to no exceeding 25 years.’’; and as are necessary for each fiscal year there- more than the equivalent of 1⁄2 of the alter- (2) by adding at the end the following: after, but not to exceed $50,000,000 in any fis- native fueled vehicles required per annum.’’.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9648 CONGRESSIONAL RECORD — SENATE September 21, 2001

SEC. 4703. STATE AND LOCAL GOVERNMENT USE (1) in subsection (a)(3)(E), by striking the (2) LEASED SYSTEMS.—In the case of a sys- OF FEDERAL ALTERNATIVE FUEL period at the end and inserting the following: tem that is leased, ‘‘total cost’’ means the REFUELING FACILITIES. ‘‘, except that, not later than fiscal year 2005 principal recovery portion of all lease pay- Section 304 of the Energy Policy Act of at least 50 percent of the total annual vol- ments scheduled to be made during the full 1992 (42 U.S.C. 13213) is amended by adding at ume of fuel used must be from alternative term of the lease, excluding interest charges the end the following: fuels.’’; and and maintenance expenses. ‘‘(c) STATE AND LOCAL GOVERNMENT OWNED (2) in subsection (g)(4)(B), after the words, (3) EXISTING SYSTEMS.—In the case of addi- VEHICLES.—Federal agencies may include ‘‘solely on alternative fuel’’, insert the words tion to or augmentation of an existing sys- any alternative fuel vehicles owned by ‘‘, including a 3-wheeled enclosed electric ve- tem, ‘‘total cost’’ shall include only those States or local governments in any commer- hicle having a VIN number’’. expenditures related to the incremental cost cial arrangements for the purpose of fueling of the addition or augmentation, and not the Federal alternative fueled vehicles as au- SEC. 4705. LOCAL GOVERNMENT GRANT PRO- GRAM. full cost of the system. thorized under subsection (a) of this section. (a) ESTABLISHMENT.—Within 1 year of date (d) COST BUY-DOWN.—Grants provided The Secretary may allocate equivalent infra- of enactment of this section, the Secretary under this section shall not exceed $3,000 per structure credits to a Federal fleet as defined of Energy shall establish a program for mak- eligible residential renewable energy system, by section 303(b)(3) of title III of this Act, for ing grants to local governments for covering and shall be limited further as follows: the inclusion of such vehicles in any such the incremental cost of qualified alternative (1) For fiscal years 2002 and 2003, grants commercial fueling arrangements.’’. fuel motor vehicles. provided under this section shall be limited SEC. 4704. FEDERAL FLEET FUEL ECONOMY AND (b) CRITERIA.—In deciding to whom grants to the smaller of— USE OF ALTERNATIVE FUELS. shall be made under this subsection, the Sec- (A) 50 percent of the total cost of the en- (a) FUEL ECONOMY.—Through cost-effective retary of Energy shall consider the goal of ergy system; or measures, each agency shall increase the av- assisting the greatest number of applicants, (B) $3.00 per watt of system electricity out- erage EPA fuel economy rating of passenger provided that no grant award shall exceed put or equivalent. cars and light trucks acquired by at least 3 $1,000,000. (2) For fiscal years 2004 and 2005, grants miles per gallon by the end of fiscal year 2005 (c) PRIORITIES.—Priority shall be given provided under this section shall be limited compared to acquisitions in fiscal year 2000. under this section to those local government to the smaller of— (b) USE OF ALTERNATIVE FUELS.—Through fleets where the use of alternative fuels (A) 40 percent of the total cost of the en- cost-effective measures, each agency shall, would have a significant beneficial effect on ergy system; or by the end of fiscal year 2005, use alternative energy security and the environment. (B) $2.50 per watt of system electricity out- fuels for at least 50 percent of the total an- (d) QUALIFIED ALTERNATIVE FUEL MOTOR put. nual volume of fuel used by the agency. No VEHICLE DEFINED.—For purposes of this sec- (3) For fiscal years 2006 and 2007, grants more than 25 percent of fuel purchased by tion, the term ‘‘qualified motor vehicle’’ provided under this section shall be limited State and local governments at federally- means any motor vehicle which is capable of to the smaller of— owned refueling facilities may be included by operating only on an alternative fuel. (A) 30 percent of the total cost of the en- an agency in meeting the requirement of this (e) INCREMENTAL COST.—For purposes of ergy system; or section. this section, the incremental cost of any (B) $2.00 per watt of system electricity out- (c) IMPLEMENTATION PLAN.—Not later than qualified alternative fuel motor vehicle is put. 1 year after date of enactment of this sec- equal to the amount of the excess of the tion, each agency shall develop and submit (4) For fiscal years 2008 and 2009, grants manufacturer’s suggested retail price for to Congress and the President an implemen- provided under this section shall be limited such vehicle over such price for a gasoline or tation plan for fulfilling the requirements of to the smaller of— diesel motor vehicle of the same model. this section. Each agency should develop an (A) 20 percent of the total cost of the en- (f) AUTHORIZATION OF APPROPRIATIONS.— implementation plan that meets its unique ergy system; or For the purposes of this section, there are (B) $1.50 per watt of system electricity out- fleet configuration and fleet requirements. authorized to be appropriated $100,000,000 an- (d) ANNUAL REPORT.— put. nually for each of the fiscal years 2002 (1) IN GENERAL.—Each agency shall meas- (5) For fiscal years 2010 and 2011, grants through 2006. ure and report annually to Congress and the provided under this section shall be limited President its progress in meeting the re- Subtitle B—Renewable Energy to the smaller of— quirements of this section. SEC. 4710. RESIDENTIAL RENEWABLE ENERGY (A) 10 percent of the total cost of the en- (2) GUIDELINES.—The Secretary of Energy, GRANT PROGRAM. ergy system; or through the Federal Energy Management (a) IN GENERAL.—The Secretary of Energy (B) $1.00 per watt of system electricity out- Program and in consultation with the Ad- shall develop and implement a grant pro- put. ministrator of the Energy Information Ad- gram to offset a portion of the total cost of (e) LIMITATIONS.—No grant shall be allowed ministration, shall develop and issue guide- certain eligible residential renewable energy under this section for an eligible residential lines for agencies’ preparation of their an- systems. renewable energy system unless— nual report, including guidance on how to (b) ELIGIBILITY.—Grants may be awarded (1) such expenditure is made for property measure fuel economy for the collection and for— installed on or in connection with a dwelling annual reporting of data to demonstrate (1) the new installation of an eligible resi- unit which is located in the United States compliance with the requirements of this dential renewable energy system for an ex- and which is used as a residence; section. isting dwelling unit; (2) in the case of solar water heating equip- (e) APPLICABILITY.—This order applies to (2) the purchase of an existing dwelling ment, such equipment is certified for per- each Federal agency operating 20 or more unit with an eligible residential renewable formance and safety by the nonprofit Solar motor vehicles within the United States. energy system that was installed prior to the Rating Certification Corporation or a com- (f) EXEMPTION OF CERTAIN VEHICLES.—De- date of enactment of this section; parable entity endorsed by the government partment of Defense military tactical vehi- (3) the addition to or augmentation of an of the State in which such property is in- cles are exempt from this order. Law en- existing eligible residential renewable en- stalled; and forcement, emergency, and any other vehicle ergy system installed on a dwelling unit (3) such system meets appropriate fire and class or type determined by the Secretary, in prior to the date of enactment of this sec- electric code requirements. consultation with the Federal Energy Man- tion, provided that any such addition or aug- (f) RENEWABLE ENERGY.— agement Program, are exempted from the re- mentation results in additional electricity, (1) DEFINITIONS.—In this subsection: quirements of this section. Not later than 1 heat, or other useful energy; or (A) FORM OF RENEWABLE ENERGY.—The year from date of enactment, the Secretary (4) the construction of a new home or rent- term ‘‘form of renewable energy’’ means en- shall, in consultation with the Federal En- al property which includes an eligible resi- ergy produced through the use of— ergy Management Program, set guidelines dential renewable energy system. (i) a solar thermal system; for agencies to use in the determination of (c) TOTAL COST.— (ii) a solar photovoltaic system; exemptions. (1) IN GENERAL.—For purposes of this sec- (iii) wind; (g) DEFINITIONS.—In this section: tion, ‘‘total cost’’ means expenditure of (iv) biomass; (1) AGENCY.—The term ‘‘agency’’ means an funds for— (v) a hydroelectric system; or executive agency as defined in 5 U.S.C. 105. (A) any equipment whose primary purpose (vi) a source of geothermal energy. (Military departments, as defined in 5 U.S.C. is to provide for the collection, conversion, (B) RENEWABLE ENERGY SYSTEM.—The term 102, are covered under the auspices of the De- transfer, distribution, storage or control of ‘‘renewable energy system’’ means property partment of Defense.) electricity or heat generated from renewable that uses a form of renewable energy to cre- (2) ALTERNATIVE FUEL.—The term ‘‘alter- energy; ate electricity, heat, or any other form of native fuel’’ means any fuel defined as an al- (B) installation charges; useful energy. ternative fuel pursuant to section 301 of the (C) labor costs properly allocable to the on- (2) SOLAR PANELS.—No expenditure relating Energy Policy Act of 1992 (42 U.S.C. 13211). site preparation, assembly, or original in- to a solar panel or other property installed (h) CONFORMING AMENDMENTS.—Section stallation of the system; and as a roof (or portion thereof) shall fail to be 400AA of the Energy Policy and Conservation (D) piping or wiring to interconnect such treated as property described in paragraph Act (42 U.S.C. 6374) is amended as follows: system to the dwelling unit. (1) solely because it constitutes a structural

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9649 component of the structure on which it is in- velop each resource. The report shall also in- ‘‘SEC. 33. PROCESS FOR CONSIDERATION BY FED- stalled. clude such other information as the Sec- ERAL AGENCIES OF CONDITIONS TO (3) ENERGY STORAGE MEDIUM.—Expendi- retary of Energy believes would be useful in LICENSES. tures which are properly allocable to a swim- siting renewable energy generation, such as ‘‘(a) DEFINITIONS.—In this section: ming pool, hot tub, or any other energy stor- appropriate terrain, population and load cen- ‘‘(1) CONDITION.—The term ‘condition’ age medium which has a function other than ters, nearby energy infrastructure, and loca- means— the function of such storage shall not be tion of energy and water resources. ‘‘(A) a condition to a license for a project taken into account for purposes of this sec- (c) AVAILABILITY.—The information and on a Federal reservation determined by a tion. cost estimates in this report shall be updated consulting agency for the purpose of the first (g) SPECIAL RULES.—For purposes of this annually and made available to the public, proviso of section 4(e); and section: along with the data used to create the re- ‘‘(B) a prescription relating to the con- (1) TENANT-STOCKHOLDER IN COOPERATIVE port. struction, maintenance, or operation of a HOUSING CORPORATION.—In the case of an in- (d) AUTHORIZATION OF APPROPRIATIONS.— fishway determined by a consulting agency dividual who is a tenant-stockholder (as de- For the purposes of carrying out this sec- for the purpose of the first sentence of sec- fined in 26 U.S.C. 216) in a cooperative hous- tion, there are authorized to be appropriated tion 18. ing corporation (as defined in such section), $10,000,000 for fiscal years 2002 through 2006. ‘‘(2) CONSULTING AGENCY.—The term ‘con- such individual shall be treated as having Subtitle C—Hydroelectric Licensing Reform sulting agency’ means— made his tenant-stockholder’s proportionate ‘‘(A) in relation to a condition described in SEC. 4721. SHORT TITLE. paragraph (1)(A), the Federal agency with re- share (as defined in 26 U.S.C. 216(b)(3)) of any This subtitle may be cited as the ‘‘Hydro- sponsibility for supervising the reservation; expenditures of such corporation. electric Licensing Process Improvement Act and (2) CONDOMINIUMS.— of 2001’’. (A) IN GENERAL.—In the case of an indi- ‘‘(B) in relation to a condition described in SEC. 4722. FINDINGS. paragraph (1)(B), the Secretary of the Inte- vidual who is a member of a condominium Congress finds that— management association with respect to a rior or the Secretary of Commerce, as appro- (1) hydroelectric power is an irreplaceable priate. condominium which he owns, such individual source of clean, economic, renewable energy shall be treated as having made his propor- ‘‘(b) FACTORS TO BE CONSIDERED.— with the unique capability of supporting reli- ‘‘(1) IN GENERAL.—In determining a condi- tionate share of any expenditures of such as- able electric service while maintaining envi- sociation. tion, a consulting agency shall take into ronmental quality; consideration— (B) CONDOMINIUM MANAGEMENT ASSOCIA- (2) hydroelectric power is the leading re- TION.—For purposes of this paragraph, the ‘‘(A) the impacts of the condition on— newable energy resource of the United ‘‘(i) economic and power values; term ‘‘condominium management associa- States; tion’’ means an organization which meets ‘‘(ii) electric generation capacity and sys- (3) hydroelectric power projects provide tem reliability; the requirements of paragraph (1) of 26 multiple benefits to the United States, in- U.S.C. 528(c) (other than subparagraph (E) ‘‘(iii) air quality (including consideration cluding recreation, irrigation, flood control, of the impacts on greenhouse gas emissions); thereof) with respect to a condominium water supply, and fish and wildlife benefits; project substantially all of the units of and (4) in the next 15 years, the bulk of all non- ‘‘(iv) drinking, flood control, irrigation, which are used as residences. Federal hydroelectric power capacity in the (3) RENEWABLE ENERGY SYSTEMS FOR MUL- navigation, or recreation water supply; United States is due to be relicensed by the ‘‘(B) compatibility with other conditions TIPLE DWELLINGS.— Federal Energy Regulatory Commission; (A) IN GENERAL.—Any expenditure other- to be included in the license, including man- (5) the process of licensing hydroelectric datory conditions of other agencies, when wise qualifying as an expenditure described projects by the Commission— in paragraph (1) of subsection (c) shall not be available; and (A) does not produce optimal decisions, be- ‘‘(C) means to ensure that the condition treated as failing to so qualify merely be- cause the agencies that participate in the cause such expenditure was made with re- addresses only direct project environmental process are not required to consider the full impacts, and does so at the lowest project spect to 2 or more dwelling units. effects of their mandatory and recommended (B) LIMITS APPLIED SEPARATELY.—In the cost. conditions on a license; ‘‘(2) DOCUMENTATION.— case of any expenditure described in subpara- (B) is inefficient, in part because agencies graph (A), the amount of the grant available ‘‘(A) IN GENERAL.—In the course of the con- do not always submit their mandatory and sideration of factors under paragraph (1) and under subsection (d) shall be computed sepa- recommended conditions by a time certain; rately with respect to the amount of the ex- before any review under subsection (e), a (C) is burdened by uncoordinated environ- consulting agency shall create written docu- penditure made for each dwelling unit. mental reviews and duplicative permitting (h) ANNUAL REPORT.—The Secretary shall mentation detailing, among other pertinent authority; and submit to Congress and the President an an- matters, all proposals made, comments re- nual report on grants distributed pursuant to (D) is burdensome for all participants and ceived, facts considered, and analyses made this section. The report shall include, at too often results in litigation; and regarding each of those factors sufficient to minimum— (6) while the alternative licensing proce- demonstrate that each of the factors was (1) a summary of the eligible residential dures available to applicants for hydro- given full consideration in determining the renewable energy systems receiving grants electric project licenses provide important condition to be submitted to the Commis- in the year just concluded; opportunities for the collaborative resolu- sion. (2) an estimate of new renewable energy tion of many of the issues in hydroelectric ‘‘(B) SUBMISSION TO THE COMMISSION.—A generation installed as a result of grants project licensing, those procedures are not consulting agency shall include the docu- awarded, and its distribution by renewable appropriate in every case and cannot sub- mentation under subparagraph (A) in its sub- energy source and geographic location; stitute for statutory reforms of the hydro- mission of a condition to the Commission. (3) evidence that the program is contrib- electric licensing process. ‘‘(c) SCIENTIFIC REVIEW.— uting to declining costs for renewable energy SEC. 4723. PURPOSE. ‘‘(1) IN GENERAL.—Each condition deter- technologies; and The purpose of this subtitle is to achieve mined by a consulting agency shall be sub- (4) description of the methods used to the objective of relicensing hydroelectric jected to appropriately substantiated sci- award such grants. power projects to maintain high environ- entific review. (i) AUTHORIZATION OF APPROPRIATIONS.— mental standards while preserving low cost ‘‘(2) DATA.—For the purpose of paragraph For the purposes of this section, there are power by— (1), a condition shall be considered to have authorized to be appropriated $30,000,000 for (1) requiring agencies to consider the full been subjected to appropriately substan- fiscal year 2002 and such sums as are nec- effects of their mandatory and recommended tiated scientific review if the review— essary for each fiscal year thereafter, but conditions on a hydroelectric power license ‘‘(A) was based on current empirical data not to exceed $150,000,000 in any fiscal year. and to document the consideration of a or field-tested data; and SEC. 4711. ASSESSMENT OF RENEWABLE ENERGY broad range of factors; ‘‘(B) was subjected to peer review. RESOURCES. (2) requiring the Federal Energy Regu- ‘‘(d) RELATIONSHIP TO IMPACTS ON FEDERAL (a) IN GENERAL.—Not later than twelve latory Commission to impose deadlines by RESERVATION.—In the case of a condition for months after the date of enactment of this which Federal agencies must submit pro- the purpose of the first proviso of section section, the Secretary of Energy shall sub- posed mandatory and recommended condi- 4(e), each condition determined by a con- mit to Congress an assessment of all renew- tions to a license; and sulting agency shall be directly and reason- able energy resources available within the (3) making other improvements in the li- ably related to the impacts of the project United States. censing process. within the Federal reservation. (b) RESOURCE ASSESSMENT.—Such report SEC. 4724. PROCESS FOR CONSIDERATION BY ‘‘(e) ADMINISTRATIVE REVIEW.— shall include a detailed inventory describing FEDERAL AGENCIES OF CONDITIONS ‘‘(1) OPPORTUNITY FOR REVIEW.—Before sub- the available amount and characteristics of TO LICENSES. mitting to the Commission a proposed condi- solar, wind, biomass, geothermal, hydro- (a) IN GENERAL.—Part I of the Federal tion, and at least 90 days before a license ap- electric and other renewable energy sources, Power Act (16 U.S.C. 791a et seq.) is amended plicant is required to file a license applica- and an estimate of the costs needed to de- by adding at the end the following: tion with the Commission, a consulting

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9650 CONGRESSIONAL RECORD — SENATE September 21, 2001 agency shall provide the proposed condition ‘‘(ii) conforms to the requirements of this ration of any environmental impact state- to the license applicant and offer the license Act. ment or environmental assessment required applicant an opportunity to obtain expedited ‘‘(4) EXTENSION.—The Commission may for a project. review before an administrative law judge or make 1 extension, of not more than 30 days, ‘‘(2) CONSIDERATIONS.—In setting a deadline other independent reviewing body of— of a deadline set under paragraph (1). under paragraph (1), the Commission shall ‘‘(A) the reasonableness of the proposed ‘‘(g) ANALYSIS BY THE COMMISSION.— take into consideration— condition in light of the effect that imple- ‘‘(1) ECONOMIC ANALYSIS.—The Commission ‘‘(A) the need of the license applicant for a mentation of the condition will have on the shall conduct an economic analysis of each prompt and reasonable decision; energy and economic values of a project; and condition submitted by a consulting agency ‘‘(B) the resources of interested Federal, ‘‘(B) compliance by the consulting agency to determine whether the condition would State, and local government agencies; and with the requirements of this section, in- render the project uneconomic. ‘‘(C) applicable statutory requirements.’’. cluding the requirement to consider the fac- ‘‘(2) CONSISTENCY WITH THIS SECTION.—In SEC. 4726. STUDY OF SMALL HYDROELECTRIC tors described in subsection (b)(1). exercising authority under section 10(j)(2), PROJECTS. ‘‘(2) COMPLETION OF REVIEW.— the Commission shall consider whether any (a) IN GENERAL.—Not later than 18 months ‘‘(A) IN GENERAL.—A review under para- recommendation submitted under section after the date of enactment of this Act, the graph (1) shall be completed not more than 10(j)(1) is consistent with the purposes and Federal Energy Regulatory Commission 180 days after the license applicant notifies requirements of subsections (b) and (c) of shall submit to the Committee on Energy the consulting agency of the request for re- this section. and Natural Resources of the Senate and the view. ‘‘(h) COMMISSION DETERMINATION ON EFFECT Committee on Commerce of the House of ‘‘(B) FAILURE TO MAKE TIMELY COMPLETION OF CONDITIONS.—When requested by a license Representatives a study of the feasibility of OF REVIEW.—If review of a proposed condition applicant in a request for rehearing, the establishing a separate licensing procedure is not completed within the time specified by Commission shall make a written determina- for small hydroelectric projects. subparagraph (A), the Commission may treat tion on whether a condition submitted by a (b) DEFINITION OF SMALL HYDROELECTRIC a condition submitted by the consulting consulting agency— PROJECT.—The Commission may by regula- agency as a recommendation is treated ‘‘(1) is in the public interest, as measured tion define the term ‘‘small hydroelectric under section 10(j). by the impact of the condition on the factors project’’ for the purpose of subsection (a), ex- ‘‘(3) REMAND.—If the administrative law described in subsection (b)(1); cept that the term shall include at a min- judge or reviewing body finds that a pro- ‘‘(2) was subjected to scientific review in imum a hydroelectric project that has a gen- posed condition is unreasonable or that the accordance with subsection (c); erating capacity of 5 megawatts or less. consulting agency failed to comply with any ‘‘(3) relates to direct project impacts with- TITLE VIII—ELECTRIC SUPPLY RELI- of the requirements of this section, the ad- in the reservation, in the case of a condition ministrative law judge or reviewing body ABILITY; PURPA REPEAL; PUHCA RE- for the first proviso of section 4(e); PEAL shall— ‘‘(4) is reasonable; ‘‘(A) render a decision that— ‘‘(5) is supported by substantial evidence; Subtitle A—Electric Energy Transmission ‘‘(i) explains the reasons for a finding that and Reliability the condition is unreasonable and may make ‘‘(6) is consistent with this Act and other SEC. 4801. SHORT TITLE. recommendations that the administrative terms and conditions to be included in the li- This subtitle may be cited as the ‘‘Na- law judge or reviewing body may have for cense.’’. tional Electric Reliability Act’’. the formulation of a condition that would (b) CONFORMING AND TECHNICAL AMEND- not be found unreasonable; or SEC. 4802. ELECTRIC ENERGY TRANSMISSION RE- MENTS.— ‘‘(ii) explains the reasons for a finding that LIABILITY. (1) SECTION 4.—Section 4(e) of the Federal a requirement was not met and may describe (a) ELECTRIC RELIABILITY ORGANIZATION Power Act (16 U.S.C. 797(e)) is amended— any action that the consulting agency AND OVERSIGHT.— (A) in the first proviso of the first sen- should take to meet the requirement; and (1) IN GENERAL.—Part II of the Federal tence, by inserting after ‘‘conditions’’ the ‘‘(B) remand the matter to the consulting Power Act (16 U.S.C. 824 et seq.) is amended following: ‘‘, determined in accordance with agency for further action. by adding at the end the following: section 33,’’; and ‘‘(4) SUBMISSION TO THE COMMISSION.—Fol- ‘‘SEC. 215. ELECTRIC RELIABILITY ORGANIZA- lowing administrative review under this sub- (B) in the last sentence, by striking the pe- TION AND OVERSIGHT. section, a consulting agency shall— riod and inserting ‘‘(including consideration ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) take such action as is necessary to— of the impacts on greenhouse gas emis- ‘‘(1) AFFILIATED REGIONAL RELIABILITY EN- ‘‘(i) withdraw the condition; sions)’’. TITY.—The term ‘affiliated regional reli- ‘‘(ii) formulate a condition that follows the (2) SECTION 18.—Section 18 of the Federal ability entity’ means an entity delegated au- recommendation of the administrative law Power Act (16 U.S.C. 811) is amended in the thority under the provisions of subsection judge or reviewing body; or first sentence by striking ‘‘prescribed by the (h). ‘‘(iii) otherwise comply with this section; Secretary of Commerce’’ and inserting ‘‘pre- ‘‘(2) BULK POWER SYSTEM.—The term ‘bulk and scribed, in accordance with section 33, by the power system’ means all facilities and con- ‘‘(B) include with its submission to the Secretary of the Interior or the Secretary of trol systems necessary for operating an Commission of a proposed condition— Commerce, as appropriate.’’ interconnected transmission grid (or any ‘‘(i) the record on administrative review; SEC. 4725. COORDINATED ENVIRONMENTAL RE- portion thereof), including high-voltage and VIEW PROCESS. transmission lines; substations; control cen- ‘‘(ii) documentation of any action taken Part I of the Federal Power Act (16 U.S.C. ters; communications; data, and operations following administrative review. 791a et seq.) (as amended by section 4724) is planning facilities; and the output of gener- ‘‘(f) SUBMISSION OF FINAL CONDITION.— amended by adding at the end the following: ating units necessary to maintain trans- ‘‘(1) IN GENERAL.—After an applicant files ‘‘SEC. 34. COORDINATED ENVIRONMENTAL RE- mission system reliability. with the Commission an application for a li- VIEW PROCESS. ‘‘(3) ELECTRIC RELIABILITY ORGANIZATION, cense, the Commission shall set a date by ‘‘(a) LEAD AGENCY RESPONSIBILITY.—The OR ORGANIZATION.—The term ‘Electric Reli- which a consulting agency shall submit to Commission, as the lead agency for environ- ability Organization’ or ‘Organization’ the Commission a final condition. mental reviews under the National Environ- means the organization approved by the ‘‘(2) LIMITATION.—Except as provided in mental Policy Act of 1969 (42 U.S.C. 4321 et Commission under subsection (d)(4). paragraph (3), the date for submission of a seq.) for projects licensed under this part, ‘‘(4) ENTITY RULE.—The term ‘entity rule’ final condition shall be not later than 1 year shall conduct a single consolidated environ- means a rule adopted by an affiliated re- after the date on which the Commission mental review— gional reliability entity for a specific region gives the consulting agency notice that a li- ‘‘(1) for each such project; or and designed to implement or enforce 1 or cense application is ready for environmental ‘‘(2) if appropriate, for multiple projects lo- more Organization Standards. An entity rule review. cated in the same area. shall be approved by the organization and ‘‘(3) DEFAULT.—If a consulting agency does ‘‘(b) CONSULTING AGENCIES.—In connection once approved, shall be treated as an Organi- not submit a final condition to a license by with the formulation of a condition in ac- zation Standard. the date set under paragraph (1)— cordance with section 33, a consulting agen- ‘‘(5) INDUSTRY SECTOR.—The term ‘industry ‘‘(A) the consulting agency shall not there- cy shall not perform any environmental re- sector’ means a group of users of the bulk after have authority to recommend or estab- view in addition to any environmental re- power system with substantially similar lish a condition to the license; and view performed by the Commission in con- commercial interests, as determined by the ‘‘(B) the Commission may, but shall not be nection with the action to which the condi- Board of the Electric Reliability Organiza- required to, recommend or establish an ap- tion relates. tion. propriate condition to the license that— ‘‘(c) DEADLINES.— ‘‘(6) INTERCONNECTION.—The term ‘inter- ‘‘(i) furthers the interest sought to be pro- ‘‘(1) IN GENERAL.—The Commission shall connection’ means a geographic area in tected by the provision of law that author- set a deadline for the submission of com- which the operation of bulk power system izes the consulting agency to propose or es- ments by Federal, State, and local govern- components is synchronized such that the tablish a condition to the license; and ment agencies in connection with the prepa- failure of 1 or more such components may

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9651 adversely affect the ability of the operators any such proposed mandatory standard, ‘‘(ii) balance of interests; and of other components within the interconnec- guidance, or practice, or any amendment ‘‘(iii) due process, except that the proce- tion to maintain safe and reliable operation thereto, if it finds that the standard, guid- dures may include alternative procedures for of the facilities within their control. ance, or practice, or amendment is just, rea- emergencies; ‘‘(7) ORGANIZATION STANDARD.—The term sonable, not unduly discriminatory or pref- ‘‘(H) establishes fair and impartial proce- ‘Organization Standard’ means a policy or erential, and in the public interest. The dures for implementation and enforcement standard duly adopted by the Electric Reli- Commission may, without further pro- of Organization Standards, either directly or ability Organization to provide for the reli- ceeding or finding, grant its approval to any through delegation to an affiliated regional able operation of a bulk power system. standard, guidance, or practice for which no reliability entity, including the imposition ‘‘(8) PUBLIC INTEREST GROUP.—The term substantive objections are filed in the com- of penalties, limitations on activities, func- ‘public interest group’ means any nonprofit ment period. Filed standards, guidances, or tions, or operations, or other appropriate private or public organization that has an in- practices, including any amendments there- sanctions; terest in the activities of the Electric Reli- to, shall be mandatory and applicable ac- ‘‘(I) establishes procedures for notice and ability Organization, including, but not lim- cording to their terms following approval by opportunity for public observation of all ited to, ratepayer advocates, environmental the Commission and shall remain in effect meetings, except that the procedures for groups, and State and local government or- until— public observation may include alternative ganizations that regulate market partici- ‘‘(1) withdrawn, disapproved, or superseded procedures for emergencies or for the discus- pants and promulgate government policy. by an Organization Standard, issued or ap- sion of information the directors determine ‘‘(9) VARIANCE.—The term ‘variance’ means proved by the Electric Reliability Organiza- should take place in closed session, such as an exception or variance from the require- tion and made effective by the Commission litigation, personnel actions, or commer- ments of an Organization Standard (includ- under subsection (e); or cially sensitive information; ing a proposal for an Organization Standard ‘‘(2) disapproved by the Commission if, ‘‘(J) provides for the consideration of rec- where there is no Organization Standard) upon complaint or upon its own motion and ommendations of States and State commis- that is adopted by an affiliated regional reli- after notice and an opportunity for com- sions; and ability entity and applicable to all or a part ment, the Commission finds the standard, ‘‘(K) addresses other matters that the of the region for which the affiliated re- guidance, or practice unjust, unreasonable, Commission may deem necessary or appro- gional reliability entity is responsible. A unduly discriminatory, or preferential or not priate to ensure that the procedures, govern- variance shall be approved by the organiza- in the public interest. ance, and funding of the Electric Reliability tion and once approved, shall be treated as Standards, guidances, or practices in effect Organization are just, reasonable, not un- an Organization Standard. pursuant to the provisions of this subsection duly discriminatory or preferential, and are ‘‘(10) SYSTEM OPERATOR.—The term ‘system shall be enforceable by the Commission. in the public interest. operator’ means any entity that operates or ‘‘(d) ORGANIZATION APPROVAL.— ‘‘(4) The Commission shall approve only 1 is responsible for the operation of a bulk ‘‘(1) Following the issuance of a final Com- Electric Reliability Organization. If the power system, including but not limited to a mission rule under subsection (b)(3), an enti- Commission receives 2 or more timely appli- control area operator, an independent sys- ty may submit an application to the Com- cations that satisfy the requirements of this tem operator, a regional transmission orga- mission for approval as the Electric Reli- subsection, the Commission shall approve nization, a transmission company, a trans- ability Organization. The applicant shall only the application it concludes will best mission system operator, or a regional secu- specify in its application its governance and implement the provisions of this section. rity coordinator. procedures, as well as its funding mechanism ‘‘(e) ESTABLISHMENT OF AND MODIFICATIONS ‘‘(11) USER OF THE BULK POWER SYSTEM.— and initial funding requirements. TO ORGANIZATION STANDARDS.— The term ‘user of the bulk power system’ ‘‘(2) The Commission shall provide public ‘‘(1) The Electric Reliability Organization means any entity that sells, purchases, or notice of the application and afford inter- shall file with the Commission any new or transmits electric power over a bulk power ested parties an opportunity to comment. modified organization standards, including system, or that owns, operates, or maintains ‘‘(3) The Commission shall approve the ap- any variances or entity rules, and the Com- facilities or control systems that are part of plication if the Commission determines that mission shall follow the procedures under a bulk power system, or that is a system op- the applicant— paragraph (2) for review of that filing. erator. ‘‘(b) COMMISSION AUTHORITY.— ‘‘(A) has the ability to develop, implement, ‘‘(2) Submissions under paragraph (1) shall ‘‘(1) Within the United States, the Commis- and enforce standards that provide for an include— sion shall have jurisdiction over the Electric adequate level of reliability of the bulk ‘‘(A) a concise statement of the purpose of Reliability Organization, all affiliated re- power system; the proposal; and gional reliability entities, all system opera- ‘‘(B) permits voluntary membership to any ‘‘(B) a record of any proceedings conducted tors, and all users of the bulk-power system, user of the bulk power system or public in- with respect to such proposal. for purposes of approving and enforcing com- terest group; The Commission shall provide notice of the pliance with the requirements of this sec- ‘‘(C) ensures fair representation of its filing of such proposal and afford interested tion. members in the selection of its directors and entities 30 days to submit comments. The ‘‘(2) The Commission may, by rule, define fair management of its affairs, taking into Commission, after taking into consideration any other term used in this section, provided account the need for efficiency and effective- any submitted comments, shall approve or such definition is consistent with the defini- ness in decisionmaking and operations and disapprove such proposal not later than 60 tions in, and the purpose and intent of, this the requirements for technical competency days after the deadline for the submission of Act. in the development of Organization Stand- comments, except that the Commission may ‘‘(3) Not later than 90 days after the date of ards and the exercise of oversight of bulk extend the 60 day period for an additional 90 enactment of this section, the Commission power system reliability; days for good cause, and except further that shall issue a proposed rule for implementing ‘‘(D) ensures that no 2 industry sectors if the Commission does not act to approve or the requirements of this section. The Com- have the ability to control, and no 1 industry disapprove a proposal within the foregoing mission shall provide notice and opportunity sector has the ability to veto, the Electric periods, the proposal shall go into effect sub- for comment on the proposed rule. The Com- Reliability Organization’s discharge of its ject to its terms, without prejudice to the mission shall issue a final rule under this responsibilities (including actions by com- authority of the Commission thereafter to subsection within 180 days after the date of mittees recommending standards to the modify the proposal in accordance with the enactment of this section. board or other board actions to implement standards and requirements of this section. ‘‘(4) Nothing in this section shall be con- and enforce standards); Proposals approved by the Commission shall strued as limiting or impairing any author- ‘‘(E) provides for governance by a board take effect according to their terms but not ity of the Commission under any other provi- wholly comprised of independent directors; earlier than 30 days after the effective date sion of this Act, including its exclusive au- ‘‘(F) provides a funding mechanism and re- of the Commission’s order, except as pro- thority to determine rates, terms, and condi- quirements that are just, reasonable, and not vided in paragraph (3) of this subsection. tions of transmission services subject to its unduly discriminatory or preferential and ‘‘(3)(A) In the exercise of its review respon- jurisdiction. are in the public interest, and which satisfy sibilities under this subsection, the Commis- ‘‘(c) EXISTING RELIABILITY STANDARDS.— the requirements of subsection (l); sion shall give due weight to the technical After the date of enactment of this section, ‘‘(G) establishes procedures for develop- expertise of the Electric Reliability Organi- and prior to the approval of an organization ment of Organization Standards that provide zation with respect to the content of a new under subsection (d), any entity, including reasonable notice and opportunity for public or modified organization standard, but shall the North American Electric Reliability comment, taking into account the need for not defer to the organization with respect to Council and its member regional reliability efficiency and effectiveness in decision- the effect of the standard on competition. councils, may file any reliability standard, making and operations and the requirements The Commission shall approve a proposed guidance, or practice that such entity would for technical competency in the development new or modified organization standard if it propose to be made mandatory and enforce- of Organization Standards, and which stand- determines the proposal to be just, reason- able. The Commission, after allowing an op- ards development process has— able, not unduly discriminatory or pref- portunity to submit comments, may approve ‘‘(i) openness; erential, and in the public interest.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9652 CONGRESSIONAL RECORD — SENATE September 21, 2001 ‘‘(B) An existing or proposed organization ‘‘(4) All users of the bulk power system graph (1), and is just, reasonable, not unduly standard which is disapproved in whole or in shall comply with any organization standard discriminatory or preferential, and is in the part by the Commission shall be remanded to that takes effect under this section. public interest. A proposed delegation agree- the Electric Reliability Organization for fur- ‘‘(f) COORDINATION WITH CANADA AND MEX- ment with an affiliated regional reliability ther consideration. ICO.—The Electric Reliability Organization entity organized on an interconnection-wide ‘‘(C) The Commission, on its own motion or shall take all appropriate steps to gain rec- basis shall be rebuttably presumed by the upon complaint, may direct the Electric Re- ognition in Canada and Mexico. The United Commission to promote the effective and ef- liability Organization to develop an organi- States shall use its best efforts to enter into ficient implementation and administration international agreements with the appro- zation standard, including modification to of bulk power system reliability. No delega- priate governments of Canada and Mexico to an existing organization standard, address- tion by the Electric Reliability Organization provide for effective compliance with organi- ing a specific matter by a date certain if the shall be valid unless approved by the Com- zation standards and to provide for the effec- mission. Commission considers such new or modified tiveness of the Electric Reliability Organiza- organization standard necessary or appro- ‘‘(3)(A) A delegation agreement entered tion in carrying out its mission and respon- into under this subsection shall specify the priate to further the purposes of this section. sibilities. All actions taken by the Electric The Electric Reliability Organization shall procedures for an affiliated regional reli- Reliability Organization, any affiliated re- ability entity to propose entity rules or file any such new or modified organization gional reliability entity, and the Commis- variances for review by the Electric Reli- standard in accordance with this subsection. sion shall be consistent with the provisions ability Organization. With respect to any ‘‘(D) An affiliated regional reliability enti- of such international agreements. such proposal that would apply on an inter- ty may propose a variance or entity rule to ‘‘(g) CHANGES IN PROCEDURES, GOVERNANCE, connection-wide basis, the Electric Reli- the Electric Reliability Organization. The OR FUNDING.— affiliated regional reliability entity may re- ‘‘(1) The Electric Reliability Organization ability Organization shall presume such pro- posal valid if made by an interconnection- quest that the Electric Reliability Organiza- shall file with the Commission any proposed wide affiliated regional reliability entity un- tion expedite consideration of the proposal, change in its procedures, governance, or less the Electric Reliability Organization and may file a notice of such request with funding, or any changes in the affiliated re- makes a written finding that the proposal— the Commission, if expedited consideration gional reliability entity’s procedures, gov- ‘‘(i) was not developed in a fair and open is necessary to provide for bulk-power sys- ernance, or funding relating to delegated process that provided an opportunity for all tem reliability. If the Electric Reliability functions, and shall include with the filing interested parties to participate; Organization fails to adopt the variance or an explanation of the basis and purpose for ‘‘(ii) has a significant adverse impact on entity rule, either in whole or in part, the af- the change. reliability or commerce in other inter- filiated regional reliability entity may re- ‘‘(2) A proposed procedural change may connections; quest that the Commission review such ac- take effect 90 days after filing with the Com- mission if the change constitutes a state- ‘‘(iii) fails to provide a level of reliability tion. If the Commission determines, after its of the bulk-power system within the inter- review of such a request, that the action of ment of policy, practice, or interpretation with respect to the meaning or enforcement connection such that it would constitute a the Electric Reliability Organization did not serious and substantial threat to public conform to the applicable standards and pro- of an existing procedure. Otherwise, a pro- posed procedural change shall take effect health, safety, welfare, or national security; cedures approved by the Commission, or if or the Commission determines that the vari- only upon a finding by the Commission, after notice and opportunity for comments, that ‘‘(iv) creates a serious and substantial bur- ance or entity rule is just, reasonable, not den on competitive markets within the unduly discriminatory or preferential, and in the change is just, reasonable, not unduly discriminatory or preferential, is in the pub- interconnection that is not necessary for re- the public interest, and that the Electric Re- liability. liability Organization has unreasonably re- lic interest, and satisfies the requirements of subsection (d)(4). ‘‘(B) With respect to any such proposal jected the proposed variance or entity rule, that would apply only to part of an inter- then the Commission may remand the pro- ‘‘(3) A change in governance or funding shall not take effect unless the Commission connection, the Electric Reliability Organi- posed variance or entity rule for further con- zation shall find such proposal valid if the af- sideration by the Electric Reliability Orga- finds that the change is just, reasonable, not unduly discriminatory or preferential, in the filiated regional reliability entity or entities nization or may direct the Electric Reli- making the proposal demonstrate that it— ability Organization or the affiliated re- public interest, and satisfies the require- ments of subsection (d)(4). ‘‘(i) was developed in a fair and open proc- gional reliability entity to develop a vari- ess that provided an opportunity for all in- ance or entity rule consistent with that re- ‘‘(4) The Commission, upon complaint or upon its own motion, may require the Elec- terested parties to participate; quested by the affiliated regional reliability tric Reliability Organization to amend the ‘‘(ii) would not have an adverse impact on entity. Any such variance or entity rule pro- procedures, governance, or funding if the commerce that is not necessary for reli- posed by an affiliated regional reliability en- Commission determines that the amendment ability; tity shall be submitted to the Electric Reli- is necessary to meet the requirements of this ‘‘(iii) provides a level of bulk power system ability Organization for review and filing section. The Electric Reliability Organiza- reliability adequate to protect public health, with the Commission in accordance with the tion shall file the amendment in accordance safety, welfare, and national security, and procedures specified in this subsection. with paragraph (1) of this subsection. would not have a significant adverse impact ‘‘(E) Notwithstanding any other provision ‘‘(h) DELEGATIONS OF AUTHORITY.— on reliability; and of this subsection, a proposed organization ‘‘(1) The Electric Reliability Organization ‘‘(iv) in the case of a variance, is based on standard or amendment shall take effect ac- shall, upon request by an entity, enter into legitimate differences between regions or be- cording to its terms if the Electric Reli- an agreement with such entity for the dele- tween subregions within the affiliated re- ability Organization determines that an gation of authority to implement and en- gional reliability entity’s geographic area. emergency exists requiring that such pro- force compliance with organization stand- The Electric Reliability Organization shall posed organization standard or amendment ards in a specified geographic area if the or- approve or disapprove such proposal within take effect without notice or comment. The ganization finds that the entity requesting 120 days, or the proposal shall be deemed ap- Electric Reliability Organization shall no- the delegation satisfies the requirements of proved. Following approval of any such pro- tify the Commission immediately following subparagraphs (A), (B), (C), (D), (F), (J), and posal under this paragraph, the Electric Re- such determination and shall file such emer- (K) of subsection (d)(4), and if the delegation liability Organization shall seek Commission gency organization standard or amendment promotes the effective and efficient imple- approval pursuant to the procedures pre- with the Commission not later than 5 days mentation and administration of bulk power scribed under subsection (e)(3). Affiliated re- following such determination and shall in- system reliability. The Electric Reliability gional reliability entities may not make re- clude in such filing an explanation of the Organization may enter into an agreement quests for approval directly to the Commis- need for such emergency standard. Subse- to delegate to the entity any other author- sion except pursuant to subsection (e)(3)(D). quently, the Commission shall provide no- ity, except that the Electric Reliability Or- ‘‘(4) If an affiliated regional reliability en- tice of the organization standard or amend- ganization shall reserve the right to set and tity requests, consistent with paragraph (1) ment for comment, and shall follow the pro- approve standards for bulk power system re- of this subsection, that the Electric Reli- cedures set out in paragraphs (2) and (3) for liability. ability Organization delegate authority to it, review of the new or modified organization ‘‘(2) The Electric Reliability Organization but is unable within 180 days to reach agree- standard. Any such organization standard shall file with the Commission any agree- ment with the Electric Reliability Organiza- that has gone into effect shall remain in ef- ment entered into under this subsection and tion with respect to such requested delega- fect unless and until suspended or dis- any information the Commission requires tion, such entity may seek relief from the approved by the Commission. If the Commis- with respect to the affiliated regional reli- Commission. If, following notice and oppor- sion determines at any time that the emer- ability entity to which authority is to be tunity for comment, the Commission deter- gency organization standard or amendment delegated. The Commission shall approve the mines that a delegation to the entity would is not necessary, the Commission may sus- agreement, following public notice and an meet the requirements of paragraph (1) pend such emergency organization standard opportunity for comment, if it finds that the above, and that the delegation would be just, or amendment. agreement meets the requirements of para- reasonable, not unduly discriminatory or

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9653 preferential, and in the public interest, and Federal court in the district in which the af- ‘‘(4) Within 90 days of the application of that the Electric Reliability Organization fected facilities are located. the Electric Reliability Organization or has unreasonably withheld such delegation, ‘‘(2) A disciplinary action taken under other affected party, the Commission shall the Commission may, by order, direct the paragraph (1) may take effect not earlier issue a final order determining whether a Electric Reliability Organization to make than the 30th day after the Electric Reli- State action is inconsistent with an Organi- such delegation. ability Organization files with the Commis- zation Standard, after notice and oppor- ‘‘(5)(A) The Commission may, upon its own sion its written finding and record of pro- tunity for comment, taking into consider- motion or upon complaint, and with notice ceedings before the Electric Reliability Or- ation any recommendations of the Electric to the appropriate affiliated regional reli- ganization and the Commission posts its Reliability Organization. ability entity or entities, direct the Electric written finding, unless the Commission, on ‘‘(5) The Commission, after consultation Reliability Organization to propose a modi- its own motion or upon application by the with the Electric Reliability Organization, fication to an agreement entered into under user of the bulk power system which is the may stay the effectiveness of any state ac- this subsection if the Commission deter- subject of the action, suspends the action. tion, pending the Commission’s issuance of a mines that— The action shall remain in effect or remain final order. ‘‘(i) the affiliated regional reliability enti- suspended unless and until the Commission, ‘‘(n) REGIONAL ADVISORY BODIES.—The ty no longer has the capacity to carry out ef- after notice and opportunity for hearing, af- Commission shall establish a regional advi- fectively or efficiently its implementation or firms, sets aside, modifies, or reinstates the sory body on the petition of at least 2⁄3 of the enforcement responsibilities under that action, but the Commission shall conduct States within a region that have more than agreement, has failed to meet its obligations such hearing under procedures established to one-half of their electric loan served within under that agreement, or has violated any ensure expedited consideration of the action the region. A regional advisory body shall be provision of this section; taken. composed of 1 member from each partici- ‘‘(ii) the rules, practices, or procedures of ‘‘(3) The Commission, on its own motion or pating State in the region, appointed by the the affiliated regional reliability entity no on complaint, may order compliance with an Governor of each State, and may include rep- longer provide for fair and impartial dis- organization standard and may impose a resentatives of agencies, States, and prov- charge of its implementation or enforcement penalty, limitation of activities, functions, inces outside the United States, upon execu- responsibilities under the agreement; or operations, or take such other discipli- tion of an international agreement or agree- ‘‘(iii) the geographic boundary of a trans- nary action as the Commission finds appro- ments described in subsection (f). A regional mission entity approved by the Commission priate, against a user of the bulk power sys- advisory body may provide advice to the is not wholly within the boundary of an af- tem with respect to actions affecting or electric reliability organization, an affiliated filiated regional reliability entity and such threatening to affect bulk power system fa- regional reliability entity, or the Commis- difference is inconsistent with the effective cilities located in the United States if the sion regarding the governance of an existing and efficient implementation and adminis- Commission finds, after notice and oppor- or proposed affiliated regional reliability en- tration of bulk power system reliability; or tunity for a hearing, that the user of the tity within the same region, whether an or- ‘‘(iv) the agreement is inconsistent with bulk power system has violated or threatens ganization standard, entity rule, or variance another delegation agreement as a result of to violate an organization standard. proposed to apply within the region is just, actions taken under paragraph (4) of this ‘‘(4) The Commission may take such action reasonable, not unduly discriminatory or subsection. as is necessary against the Electric Reli- preferential, and in the public interest, and ‘‘(B) Following an order of the Commission ability Organization or an affiliated regional whether fees proposed to be assessed within issued under subparagraph (A), the Commis- reliability entity to ensure compliance with the region are just, reasonable, not unduly sion may suspend the affected agreement if an organization standard, or any Commis- discriminatory or preferential, in the public the Electric Reliability Organization or the sion order affecting the Electric Reliability interest, and consistent with the require- affiliated regional reliability entity does not Organization or an affiliated regional reli- ments of subsection (l). The Commission propose an appropriate and timely modifica- ability entity. may give deference to the advice of any such tion. If the agreement is suspended, the Elec- ‘‘(k) RELIABILITY REPORTS.—The Electric regional advisory body if that body is orga- tric Reliability Organization shall assume Reliability Organization shall conduct peri- nized on an interconnection-wide basis. odic assessments of the reliability and ade- the previously delegated responsibilities. ‘‘(o) COORDINATION WITH REGIONAL TRANS- quacy of the interconnected bulk power sys- The Commission shall allow the Electric Re- MISSION ORGANIZATIONS.— tem in North America and shall report annu- liability Organization and the affiliated re- ‘‘(1) Each regional transmission organiza- ally to the Secretary of Energy and the Com- gional reliability entity an opportunity to tion authorized by the Commission shall be mission its findings and recommendations appeal the suspension. responsible for maintaining the short-term for monitoring or improving system reli- ‘‘(i) ORGANIZATION MEMBERSHIP.—Every reliability of the bulk power system that it system operator shall be required to be a ability and adequacy. ‘‘(l) ASSESSMENT AND RECOVERY OF CERTAIN operates, consistent with organization stand- member of the electric Reliability Organiza- COSTS.—The reasonable costs of the Electric ards. tion and shall be required also to be a mem- Reliability Organization, and the reasonable ‘‘(2) Except as provided in paragraph (5), in ber of any affiliated regional reliability enti- costs of each affiliated regional reliability connection with a proceeding under sub- ty operating under an agreement effective entity that are related to implementation section (e) to consider a proposed organiza- pursuant to subsection (h) applicable to the and enforcement of organization standards tion standard, each regional transmission or- region in which the system operator operates or other requirements contained in a delega- ganization authorized by the Commission or is responsible for the operation of tion agreement approved under subsection shall report to the Commission, and notify bulkpower system facilities. (h), shall be assessed by the Electric Reli- the electric reliability organization and any ‘‘(j) INJUNCTIONS AND DISCIPLINARY AC- ability Organization and each affiliated re- applicable affiliated regional reliability enti- TION.— gional reliability entity, respectively, taking ty, regarding whether the proposed organiza- ‘‘(1) Consistent with the range of actions into account the relationship of costs to tion standard hinders or conflicts with that approved by the Commission under sub- each region and based on an allocation that regional transmission organization’s ability section (d)(4)(H), the Electric Reliability Or- reflects an equitable sharing of the costs to fulfill the requirements of any rule, regu- ganization may impose a penalty, limitation among all end users. The Commission shall lation, order, tariff, rate schedule, or agree- of activities, functions, operations, or other provide by rule for the review of such costs ment accepted, approved or ordered by the disciplinary action the Electric Reliability and allocations, pursuant to the standards in Commission. Where such hindrance or con- Organization finds appropriate against a user this subsection and subsection (d)(4)(F). flict is identified, the Commission shall ad- of the bulk power system if the Electric Reli- ‘‘(m) SAVINGS PROVISIONS.— dress such hindrance or conflict, and the ability Organization, after notice and an op- ‘‘(1) The Electric Reliability Organization need for any changes to such rule, order, tar- portunity for interested parties to be heard, shall have authority to develop, implement iff, rate schedule, or agreement accepted, ap- issues a finding in writing that the user of and enforce compliance with standards for proved or ordered by the Commission in its the bulk-power system has violated an orga- the reliable operation of only the bulk power order under subsection (e) regarding the pro- nization standard. The Electric Reliability system. posed standard. Where such hindrance or Organization shall immediately notify the ‘‘(2) This section does not provide the Elec- conflict is identified between a proposed or- Commission of any disciplinary action im- tric Reliability Organization or the Commis- ganization standard and a provision of any posed with respect to an act or failure to act sion with the authority to set and enforce rule, order, tariff, rate schedule or agree- of a user of the bulk-power system that af- compliance with standards for adequacy or ment accepted, approved or ordered by the fected or threatened to affect bulk power safety of electric facilities or services. Commission applicable to a regional trans- system facilities located in the United ‘‘(3) Nothing in this section shall be con- mission organization, nothing in this section States, and the sanctioned party shall have strued to preempt any authority of any shall require a change in the regional trans- the right to seek modification or rescission State to take action to ensure the safety, mission organization’s obligation to comply of such disciplinary action by the Commis- adequacy, and reliability of electric service with such provision unless the Commission sion. If the organization finds it necessary to within that State, as long as such action is orders such a change and the change be- prevent a serious threat to reliability, the not inconsistent with any Organization comes effective. If the Commission finds that organization may seek injunctive relief in a Standard. the tariff, rate schedule, or agreement needs

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9654 CONGRESSIONAL RECORD — SENATE September 21, 2001 to be changed, the regional transmission or- rebuttably presumed to be in compliance question the continued relevance of the ganization must expeditiously make a sec- with the antitrust laws of the United States: model of regulation established by that Act; tion 205 filing to reflect the change. If the (1) Activities undertaken by the Electric (3) there is a continuing need for State reg- Commission finds that the proposed organi- Reliability Organization under section 215 of ulation in order to ensure the rate protec- zation standard needs to be changed, it shall the Federal Power Act or affiliated regional tion of utility customers; and remand the proposed organization standard reliability entity operating under an agree- (4) limited Federal regulation is necessary to the electric reliability organization under ment in effect under section 215(h) of such to supplement the work of State commis- subsection (e)(3)(B). Act. sions for the continued rate protection of ‘‘(3) Except as provided in paragraph (5), to (2) Activities of a member of the Electric electric and gas utility customers. the extent hindrances and conflicts arise Reliability Organization or affiliated re- (b) PURPOSES.—The purposes of this title after approval of a reliability standard under gional reliability entity in pursuit of organi- are— subsection (c) or organization standard zation objectives under section 215 of the (1) to eliminate unnecessary regulation, under subsection (e), each regional trans- Federal Power Act undertaken in good faith yet continue to provide for consumer protec- mission organization authorized by the Com- under the rules of the organization. tion by facilitating existing rate regulatory mission shall report to the Commission, and Primary jurisdiction, and immunities and authority through improved Federal and notify the electric reliability organization other affirmative defenses, shall be available State commission access to books and and any applicable affiliated regional reli- to the extent otherwise applicable. records of all companies in a holding com- ability entity, regarding any reliability pany system, to the extent that such infor- Subtitle B—PURPA Mandatory Purchase and standard approved under subsection (c) or or- mation is relevant to rates paid by utility Sale Requirements ganization standard that hinders or conflicts customers, while affording companies the with that regional transmission organiza- SEC. 4803. PURPA MANDATORY PURCHASE AND flexibility required to compete in the energy tion’s ability to fulfill the requirements of SALE REQUIREMENTS. markets; and any rule, regulation, order tariff, rate sched- Section 210 of the Public Utility Regu- (2) to address protection of electric and gas ule, or agreement accepted, approved or or- latory Policies Act of 1978 (16 U.S.C. 824a–3) utility customers by providing for Federal dered by the Commission. The Commission is amended by adding at the end the fol- and State access to books and records of all shall seek to ensure that such hindrances or lowing: companies in a holding company system that ‘‘(m) TERMINATION OF MANDATORY PUR- conflicts are resolved promptly. Where a hin- are relevant to utility rates. drance or conflict is identified between a re- CHASE AND SALE REQUIREMENTS.— SEC. 4812. DEFINITIONS. liability standard or an organization stand- ‘‘(1) IN GENERAL.—After the date of enact- ard and a provision of any rule, order, tariff, ment of this subsection, no electric utility For the purposes of this subtitle— rate schedule or agreement accepted, ap- shall be required to enter into a new con- (1) the term ‘‘affiliate’’ of a company proved or ordered by the Commission appli- tract or obligation to purchase electric en- means any company 5 percent or more of the cable to a regional reliability organization, ergy from, or sell electric energy under this outstanding voting securities of which are nothing in this section shall require a section. owned, controlled, or held with power to change in the regional transmission organi- ‘‘(2) NO EFFECT ON EXISTING RIGHTS AND vote, directly or indirectly, by such com- zation’s obligation to comply with such pro- REMEDIES.—Nothing in this subsection af- pany; vision unless the Commission orders such a fects the rights or remedies of any party (2) the term ‘‘associate company’’ of a change and the change becomes effective. If with respect to the purchase or sale of elec- company means any company in the same the Commission finds that the tariff, rate tric energy or capacity from or to a facility holding company system with such company; schedule or agreement needs to be changed, under this section under any contract or ob- (3) the term ‘‘Commission’’ means the Fed- the regional transmission organization must ligation to purchase or to sell electric en- eral Energy Regulatory Commission; expeditiously make a section 205 filing to re- ergy or capacity on the date of enactment of (4) the term ‘‘company’’ means a corpora- flect the change. If the Commission finds this subsection, including— tion, partnership, association, joint stock that an organization standard needs to be ‘‘(A) the right to recover costs of pur- company, business trust, or any organized changed, it shall order the electric reli- chasing such electric energy or capacity; and group of persons, whether incorporated or ability organization to develop and submit a ‘‘(B) in States without competition for re- not, or a receiver, trustee, or other liqui- modified organization standard under sub- tail electric supply, the obligation of a util- dating agent of any of the foregoing; section (e)(3)(C). ity to provide, at just and reasonable rates (5) the term ‘‘electric utility company’’ ‘‘(4) An affiliated regional reliability enti- for consumption by a qualifying small power means any company that owns or operates ty and a regional transmission organization production facility or a qualifying cogenera- facilities used for the generation, trans- operating in the same geographic area shall tion facility, backup, standby, and mainte- mission, or distribution of electric energy for cooperate to avoid conflicts between imple- nance power. sale; mentation and enforcement of organization ‘‘(3) RECOVERY OF COSTS.— (6) the terms ‘‘exempt wholesale gener- standards by the affiliated regional reli- ‘‘(A) REGULATION.—To ensure recovery, by ator’’ and ‘‘foreign utility company’’ have ability entity and implementation and en- an electric utility that purchases electricity the same meanings as in sections 32 and 33, forcement by the regional transmission orga- or capacity from a qualifying facility pursu- respectively, of the Public Utility Holding nization of tariffs, rate schedules, and agree- ant to any legally enforceable obligation en- Company Act of 1935, as those sections ex- ments accepted, approved or ordered by the tered into or imposed under this section be- isted on the day before the effective date of Commission. In areas without an affiliated fore the date of enactment of this sub- this Act; regional reliability entity, the electric reli- section, of all costs associated with the pur- (7) the term ‘‘gas utility company’’ means ability organization shall act as the affili- chases, the Commission shall issue and en- any company that owns or operates facilities ated regional reliability entity for purposes force such regulations as are required to en- used for distribution at retail (other than of this paragraph. sure that no electric utility shall be required the distribution only in enclosed portable ‘‘(5) Until 180 days after approval of appli- directly or indirectly to absorb the costs as- containers or distribution to tenants or em- cable subsection (h)(3) procedures, any reli- sociated with such purchases. ployees of the company operating such fa- ability standard, guidance, or practice con- ‘‘(B) ENFORCEMENT.—A regulation under cilities for their own use and not for resale) tained in Commission-accepted tariffs, rate subparagraph (A) shall be enforceable in ac- of natural or manufactured gas for heat, schedules, or agreements in effect of any cordance with the provisions of law applica- light, or power; Commission-authorized independent system ble to enforcement of regulations under the (8) the term ‘‘holding company’’ means— operator or regional transmission organiza- Federal Power Act.’’. (A) any company that directly or indi- tion shall continue to apply unless the Com- rectly owns, controls, or holds with power to Subtitle C—Repeal of the Public Utility Hold- vote, 10 percent or more of the outstanding mission accepts an amendment thereto by ing Company Act of 1935 and Enactment of the applicable operator or organization, or voting securities of a public utility company the Public Utility Holding Company Act of or of a holding company of any public utility upon complaint finds them to be unjust, un- 2001 reasonable, unduly discriminatory or pref- company; and erential, or not in the public interest. At the SEC. 4810. SHORT TITLE. (B) any person, determined by the Commis- conclusion of such transition period, any This subtitle may be cited as the ‘‘Public sion, after notice and opportunity for hear- such reliability standard, guidance, practice, Utility Holding Company Act of 2001’’. ing, to exercise directly or indirectly (either or amendment thereto that the Commission SEC. 4811. FINDINGS AND PURPOSES. alone or pursuant to an arrangement or un- determines is inconsistent with organization (a) FINDINGS.—Congress finds that— derstanding with 1 or more persons) such a standards shall no longer apply.’’. (1) the Public Utility Holding Company controlling influence over the management (2) ENFORCEMENT.—Sections 316 and 316A of Act of 1935 was intended to facilitate the or policies of any public utility company or the Federal Power Act (16 U.S.C. 825o, 825o– work of Federal and State regulators by holding company as to make it necessary or 1) are amended by striking ‘‘or 214’’ each placing certain constraints on the activities appropriate for the rate protection of utility place it appears and inserting ‘‘214, or 215’’. of holding company systems; customers with respect to rates that such (b) APPLICATION OF ANTITRUST LAWS.—Not- (2) developments since 1935, including person be subject to the obligations, duties, withstanding any other provision of law, changes in other regulation and in the elec- and liabilities imposed by this title upon each of the following activities are tric and gas industries, have called into holding companies;

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9655 (9) the term ‘‘holding company system’’ pany of a holding company shall maintain, finds that the books, records, accounts, means a holding company, together with its and make available to the Commission, such memoranda, and other records of any person subsidiary companies; books, accounts, memoranda, and other are not relevant to the jurisdictional rates of (10) the term ‘‘jurisdictional rates’’ means records with respect to any transaction with a public utility or natural gas company, or if rates established by the Commission for the another affiliate, as the Commission deems the Commission finds that any class of transmission of electric energy in interstate to be relevant to costs incurred by a public transactions is not relevant to the jurisdic- commerce, the sale of electric energy at utility or natural gas company that is an as- tional rates of a public utility or natural gas wholesale in interstate commerce, the trans- sociate company of such holding company company, the Commission shall exempt such portation of natural gas in interstate com- and necessary or appropriate for the protec- person or transaction from the requirements merce, and the sale in interstate commerce tion of utility customers with respect to ju- of section 4815. of natural gas for resale for ultimate public risdictional rates. SEC. 4817. AFFILIATE TRANSACTION. consumption for domestic, commercial, in- (c) HOLDING COMPANY SYSTEMS.—The Com- Nothing in this subtitle shall preclude the dustrial, or any other use; mission may examine the books, accounts, Commission or a State commission from ex- (11) the term ‘‘natural gas company’’ memoranda, and other records of any com- ercising its jurisdiction under otherwise ap- means a person engaged in the transpor- pany in a holding company system, or any plicable law to determine whether a public tation of natural gas in interstate commerce affiliate thereof, as the Commission deems utility company, public utility, or natural or the sale of such gas in interstate com- to be relevant to costs incurred by a public gas company may recover in rates any costs merce for resale; utility or natural gas company within such of an activity performed by an associate (12) the term ‘‘person’’ means an individual holding company system and necessary or company, or any costs of goods or services or company; appropriate for the protection of utility cus- acquired by such public utility company (13) the term ‘‘public utility’’ means any tomers with respect to jurisdictional rates. from an associate company. (d) CONFIDENTIALITY.—No member, officer, person who owns or operates facilities used SEC. 4818. APPLICABILITY. or employee of the Commission shall divulge for transmission of electric energy in inter- No provision of this subtitle shall apply to, any fact or information that may come to state commerce or sales of electric energy at or be deemed to include— his or her knowledge during the course of ex- wholesale in interstate commerce; (1) the United States; amination of books, accounts, memoranda, (14) the term ‘‘public utility company’’ (2) a State or any political subdivision of a or other records as provided in this section, means an electric utility company or a gas State; except as may be directed by the Commis- utility company; (3) any foreign governmental authority not sion or by a court of competent jurisdiction. (15) the term ‘‘State commission’’ means operating in the United States; any commission, board, agency, or officer, by SEC. 4815. STATE ACCESS TO BOOKS AND (4) any agency, authority, or instrumen- RECORDS. whatever name designated, of a State, mu- tality of any entity referred to in paragraph (a) IN GENERAL.—Upon the written request nicipality, or other political subdivision of a (1), (2), or (3); or State that, under the laws of such State, has of a State commission having jurisdiction to regulate a public utility company in a hold- (5) any officer, agent, or employee of any jurisdiction to regulate public utility compa- entity referred to in paragraph (1), (2), or (3) nies; ing company system, the holding company or any associate company or affiliate there- acting as such in the course of his or her offi- (16) the term ‘‘subsidiary company’’ of a cial duty. holding company means— of, other than such public utility company, SEC. 4819. EFFECT ON OTHER REGULATIONS. (A) any company, 10 percent or more of the wherever located, shall produce for inspec- Nothing in this subtitle precludes the Com- outstanding voting securities of which are tion books, accounts, memoranda, and other mission or a State commission from exer- directly or indirectly owned, controlled, or records that— cising its jurisdiction under otherwise appli- held with power to vote, by such holding (1) have been identified in reasonable de- cable law to protect utility customers. company; and tail in a proceeding before the State commis- (B) any person, the management or policies sion; SEC. 4820. ENFORCEMENT. of which the Commission, after notice and (2) the State commission deems are rel- The Commission shall have the same pow- opportunity for hearing, determines to be evant to costs incurred by such public utility ers as set forth in sections 306 through 317 of subject to a controlling influence, directly or company; and the Federal Power Act (16 U.S.C. 825d–825p) indirectly, by such holding company (either (3) are necessary for the effective discharge to enforce the provisions of this subtitle. alone or pursuant to an arrangement or un- of the responsibilities of the State commis- SEC. 4821. SAVINGS PROVISIONS. derstanding with 1 or more other persons) so sion with respect to such proceeding. (a) IN GENERAL.—Nothing in this subtitle as to make it necessary for the rate protec- (b) LIMITATION.—Subsection (a) does not prohibits a person from engaging in or con- tion of utility customers with respect to apply to any person that is a holding com- tinuing to engage in activities or trans- rates that such person be subject to the obli- pany solely by reason of ownership of 1 or actions in which it is legally engaged or au- gations, duties, and liabilities imposed by more qualifying facilities under the Public thorized to engage on the effective date of this title upon subsidiary companies of hold- Utility Regulatory Policies Act. this subtitle. (c) CONFIDENTIALITY OF INFORMATION.—The ing companies; and (b) EFFECT ON OTHER COMMISSION AUTHOR- production of books, accounts, memoranda, (17) the term ‘‘voting security’’ means any ITY.—Nothing in this subtitle limits the au- and other records under subsection (a) shall security presently entitling the owner or thority of the Commission under the Federal be subject to such terms and conditions as holder thereof to vote in the direction or Power Act (16 U.S.C. 791a et seq.) (including may be necessary and appropriate to safe- management of the affairs of a company. section 301 of that Act) or the Natural Gas guard against unwarranted disclosure to the Act (15 U.S.C. 717 et seq.) (including section SEC. 4813. REPEAL OF THE PUBLIC UTILITY public of any trade secrets or sensitive com- HOLDING COMPANY ACT OF 1935. 8 of that Act). The Public Utility Holding Company Act mercial information. SEC. 4822. IMPLEMENTATION. (d) EFFECT ON STATE LAW.—Nothing in this of 1935 (15 U.S.C. 79a et seq.) is repealed, ef- Not later than 180 days after the date of section shall preempt applicable State law fective 1 year after the date of enactment of enactment of this subtitle, the Commission concerning the provision of books, records, this Act. shall— or any other information, or in any way SEC. 4814. FEDERAL ACCESS TO BOOKS AND (1) promulgate such regulations as may be limit the rights of any State to obtain RECORDS. necessary or appropriate to implement this books, records, or any other information (a) IN GENERAL.—Each holding company title (other than section 4815); and under any other Federal law, contract, or and each associate company thereof shall (2) submit to Congress detailed rec- otherwise. maintain, and shall make available to the ommendations on technical and conforming (e) COURT JURISDICTION.—Any United Commission, such books, accounts, memo- amendments to Federal law necessary to States district court located in the State in randa, and other records as the Commission carry out this subtitle and the amendments which the State commission referred to in deems to be relevant to costs incurred by a made by this subtitle. public utility or natural gas company that is subsection (a) is located shall have jurisdic- tion to enforce compliance with this section. SEC. 4823. TRANSFER OF RESOURCES. an associate company of such holding com- All books and records that relate primarily pany and necessary or appropriate for the SEC. 4816. EXEMPTION AUTHORITY. to the functions transferred to the Commis- protection of utility customers with respect (a) RULEMAKING.—Not later than 90 days sion under this subtitle shall be transferred to jurisdictional rates for the transmission after the effective date of this subtitle, the from the Securities and Exchange Commis- of electric energy in interstate commerce, Commission shall promulgate a final rule to sion to the Commission. the sale of electric energy at wholesale in exempt from the requirements of section 4815 interstate commerce, the transportation of any person that is a holding company, solely SEC. 4824. AUTHORIZATION OF APPROPRIATIONS. natural gas in interstate commerce, and the with respect to 1 or more— There are authorized to be appropriated sale in interstate commerce of natural gas (1) qualifying facilities under the Public such sums as are necessary to carry out this for resale for ultimate public consumption Utility Regulatory Policies Act of 1978; subtitle. for domestic, commercial, industrial, or any (2) exempt wholesale generators; or SEC. 4825. CONFORMING AMENDMENT TO THE other use. (3) foreign utility companies. FEDERAL POWER ACT. (b) AFFILIATE COMPANIES.—Each affiliate of (b) OTHER AUTHORITY.—If, upon application Section 318 of the Federal Power Act (16 a holding company or of any subsidiary com- or upon its own motion, the Commission U.S.C. 825q) is repealed.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9656 CONGRESSIONAL RECORD — SENATE September 21, 2001 Subtitle D—Emission-Free Control Measures ties of the Department of Defense, for (1) by striking ‘‘Each State’’ and inserting Under State Implementation Plans military constructions, and for defense ‘‘(a) IN GENERAL.—Each State’’; and SEC. 4830. EMISSION-FREE CONTROL MEASURES activities of the Department of Energy, (2) by adding at the end the following: ‘‘(c) STANDARDS FOR INVALIDATION OF CER- UNDER A STATE IMPLEMENTATION to prescribe personnel strengths for PLAN. TAIN BALLOTS.— Actions taken by a State to support the such fiscal year for the Armed Forces, ‘‘(1) IN GENERAL.—A State may not refuse continued operation of existing emission-free and for other purposes; which was or- to count a ballot submitted in an election for electricity sources, or the construction or dered to lie on the table; as follows: Federal office by an absent uniformed serv- operation of new emission-free electricity At the end of subtitle A of title XXIX, add ices voter on the grounds that the ballot was sources, shall be considered control measures the following: improperly or fraudulently cast unless the necessary or appropriate to meet applicable SEC. ll. MODIFICATION OF INSTALLATIONS State finds clear and convincing evidence of requirements under section 110(a) of the SUBJECT TO CLOSURE OR REALIGN- fraud in the preparation or casting of the Clean Air Act (42 U.S.C. 7410(a)) and shall be MENT IN 2003 BASE CLOSURE ballot by the voter. included in a State Implementation Plan. ROUND. ‘‘(2) CLEAR AND CONVINCING EVIDENCE.—For The Defense Base Closure and Realignment purposes of this subsection, the lack of a wit- TITLE IX—TAX INCENTIVES FOR ENERGY Act of 1990 (part A of title XXIX of Public PRODUCTION AND CONSERVATION ness signature, address, postmark, or other Law 101–510; 10 U.S.C. 2687 note) is amended identifying information may not be consid- SEC. 4901. SENSE OF CONGRESS REGARDING TAX by inserting after section 2902 the following ered clear and convincing evidence of fraud INCENTIVES FOR ENERGY PRODUC- new section: TION AND CONSERVATION. (absent any other information or evidence). ‘‘SEC. 2902A. INSTALLATIONS SUBJECT TO CLO- ‘‘(3) NO EFFECT ON FILING DEADLINES UNDER It is the sense of Congress that certain SURE OR REALIGNMENT IN 2003 Federal tax incentives including those con- STATE LAW.—Nothing in this subsection may BASE CLOSURE ROUND. be construed to affect the application to bal- tained in title IX of S. 389 as introduced in ‘‘(a) IN GENERAL.—Notwithstanding any the First Session of the 107th Congress lots submitted by absent uniformed services other provision of this part, the only instal- voters of any ballot submission deadline ap- should be enacted into law to encourage en- lations subject to closure or realignment ergy production and conservation in the plicable under State law.’’. under this part as a result of activities under (b) EFFECTIVE DATE.—The amendments United States. this part in 2003 are the following: made by subsection (a) shall apply with re- ‘‘(1) Military installations located outside SA 1598. Mr. LEVIN (for himself and spect to ballots described in section 102(c) of the United States (as that term is defined in the Uniformed and Overseas Citizens Absen- Mr. WARNER) proposes an amendment section 2910(7)). tee Voting Act (as added by such subsection) to the bill S. 1438, to authorize appro- ‘‘(2) Notwithstanding section 2910(7), mili- that are submitted with respect to elections priations for fiscal year 2002 for mili- tary installations located in the Common- that occur after the date of enactment of tary activities of the Department of wealth of Puerto Rico, Guam, the Virgin Is- this Act. Defense, for military constructions, lands, American Samoa, and any other pos- In section 577(a), strike ‘‘shall carry out’’ session or territory of the United States. and insert ‘‘may carry out’’. and for defense activities of the De- ‘‘(3) Research, development, test, and eval- partment of Energy, to prescribe per- In section 577(b), strike ‘‘the demonstra- uation facilities, whether located in the tion project’’ and insert ‘‘any demonstration sonnel strengths for such fiscal year United States or outside the United States. project’’. for the Armed Forces, and for other ‘‘(b) REFERENCE.—For purposes of any ac- In section 577(c), strike ‘‘the demonstra- purposes; as follows: tivities under this part in 2003, and activities tion project’’ and insert ‘‘any demonstration At the appropriate place in the bill, add under this part thereafter as a result of the project’’. the following: approval of the closure or realignment of At the end of subtitle F of title V, add the military installations under this part in 2003, SEC. . AUTHORIZATION OF ADDITIONAL FUNDS. following: any reference to military installations in the SEC. 578. USE OF BUILDINGS ON MILITARY IN- (a) AUTHORIZATION.—$1,300,000,000 is hereby United States shall be deemed to be a ref- authorized, in addition to the funds author- STALLATIONS AND RESERVE COM- erence to military installations referred to PONENT FACILITIES AS POLLING ized elsewhere in Division A of this Act, for in subsection (a).’’. PLACES. whichever of the following purposes the (a) USE OF MILITARY INSTALLATIONS AU- President determines to be in the national SA 1601. Mr. LOTT (for himself. Mr. THORIZED.—Section 2670 of title 10, United security interests of the United States— BUNNING, Mr. HUTCHINSON, Mr. COCH- States Code, is amended— (1) research, development, test and evalua- (1) by striking ‘‘Under’’ and inserting ‘‘(a) tion for ballistic missile defense; and RAN, Mr. STEVENS, and Mrs. HUTCHISON) USE BY RED CROSS.—Under’’; (2) activities for combating terrorism. submitted an amendment intended to be proposed by him to the bill S. 1438, (2) by striking ‘‘this section’’ and inserting Mr. LOTT submitted an to authorize appropriations for fiscal ‘‘this subsection’’; and SA 1599. (3) by adding at the end the following: amendment intended to be proposed by year 2002 for military activities of the ‘‘(b) USE AS POLLING PLACES.—(1) Notwith- him to the bill S. 1438, to authorize ap- Department of Defense, for military standing chapter 29 of title 18 (including sec- propriations for fiscal year 2002 for constructions, and for defense activi- tions 592 and 593 of such title), the Secretary military activities of the Department ties of the Department of Energy, to of a military department may make a build- of Defense, for military constructions, prescribe personnel strengths for such ing located on a military installation under and for defense activities of the De- fiscal year for the Armed Forces, and the jurisdiction of the Secretary available partment of Energy, to prescribe per- for other purposes; which was ordered for use as a polling place in any Federal, State, or local election for public office. sonnel strengths for such fiscal year to lie on the table; as follows: ‘‘(2) Once a military installation is made for the Armed Forces, and for other Strike title XXIX, relating to defense base available as the site of a polling place with purposes; which was ordered to lie on closure and realignment. respect to a Federal, State, or local election the table; as follows: for public office, the Secretary shall con- SA 1602. Mr. ALLARD submitted an tinue to make the site available for subse- At the appropriate place, insert the fol- amendment intended to be proposed by lowing: quent elections for public office unless the him to the bill S. 1438, to authorize ap- Secretary provides to Congress advance no- SEC. . FISCAL YEAR 2003 BUDGET REQUEST FOR THE NAVY FOR SHIPBUILDING AND propriations for fiscal year 2002 for tice in a reasonable and timely manner of CONVERSION. military activities of the Department the reasons why the site will no longer be Notwithstanding any other provision of of Defense, for military constructions, made available as a polling place. law, the budget for fiscal year 2003 that is and for defense activities of the De- ‘‘(3) In this section, the term ‘military in- stallation’ has the meaning given the term submitted to Congress by the President partment of Energy, to prescribe per- under section 1105(a) of title 31, United in section 2687(e) of this title.’’. sonnel strengths for such fiscal year (b) USE OF RESERVE COMPONENT FACILI- States Code, may set forth the amounts for for the Armed Forces, and for other the Navy for fiscal year 2003 for shipbuilding TIES.—(1) Section 18235 of title 10, United and conversion on an advance appropriations purposes; which was ordered to lie on States Code, is amended by adding at the end basis for all naval vessels. the table; as follows: the following new subsection: Strike section 572 and insert the following: ‘‘(c) Pursuant to a lease or other agree- ment under subsection (a)(2), the Secretary SA 1600. Mr. LOTT (for himself, Mr. SEC. 572. STANDARD FOR INVALIDATION OF BAL- may make a facility covered by subsection HUTCHINSON, Mr. COCHRAN, and Mr. LOTS CAST BY ABSENT UNIFORMED SERVICES VOTERS IN FEDERAL (a) available for use as a polling place in any TEVENS S ) submitted an amendment in- ELECTIONS. Federal, State, or local election for public tended to be proposed by him to the (a) IN GENERAL.—Section 102 of the Uni- office notwithstanding chapter 29 of title 18 bill S. 1438, to authorize appropriations formed and Overseas Citizens Absentee Vot- (including sections 592 and 593 of such title). for fiscal year 2002 for military activi- ing Act (42 U.S.C. 1973ff–1) is amended— Once a facility is made available as the site

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9657 of a polling place with respect to an election (1) The term ‘‘State’’ means a State of the SA 1604. Mr. LOTT (for himself and for public office, the Secretary shall con- United States, the District of Columbia, the Mr. COCHRAN) submitted an amend- tinue to make the facility available for sub- Commonwealth of Puerto Rico, or a terri- ment intended to be proposed by him sequent elections for public office unless the tory or possession of the United States. to the bill S. 1438, to authorize appro- Secretary provides to Congress advance no- (2) The term ‘‘recently separated uni- tice in a reasonable and timely manner of formed services voter’’ means any individual priations for fiscal year 2002 for mili- the reasons why the facility will no longer be that was a uniformed services voter (as de- tary activities of the Department of made available as a polling place.’’. fined in subsection (f)(1)(D)) on the date that Defense, for military constructions, (2) Section 18236 of such title is amended is 60 days before the date on which the indi- and for defense activities of the De- by adding at the end the following: vidual seeks to vote and who— partment of Energy, to prescribe per- ‘‘(e) Pursuant to a lease or other agree- (A) presents to the election official Depart- sonnel strengths for such fiscal year ment under subsection (c)(1), a State may ment of Defense form 214 evidencing their for the Armed Forces, and for other make a facility covered by subsection (c) former status as such a voter, or any other purposes; which was ordered to lie on available for use as a polling place in any official proof of such status; Federal, State, or local election for public (B) is no longer such a voter; and the table; as follows: office notwithstanding chapter 29 of title 18 (C) is otherwise qualified to vote. On page 346, line 20, insert after ‘‘profes- (including sections 592 and 593 of such SEC. 580. GOVERNORS’ REPORTS ON IMPLEMEN- sional’’ the following: ‘‘or a member of the title).’’. TATION OF FEDERAL VOTING AS- Armed Forces serving on active duty in a (c) CONFORMING AMENDMENTS TO TITLE 18.— SISTANCE PROGRAM RECOMMENDA- grade above major or lieutenant com- (1) Section 592 of title 18, United States Code, TIONS. mander’’. is amended by adding at the end the fol- (a) REPORTS.—Not later than 90 days after lowing: the date on which a State receives a legisla- SA 1605. Mr. TORRICELLI (for himself, ‘‘This section shall not prohibit the use of tive recommendation, the State shall submit Mr. CARPER, and Mr. CORZINE) sub- buildings located on military installations, a report on the status of the implementation mitted an amendment intended to be or the use of reserve component facilities, as of that recommendation to the Presidential proposed by him to the bill S. 1438, to designee and to each Member of Congress polling places in Federal, State, and local authorize appropriations for fiscal year elections for public office in accordance with that represents that State. section 2670(b), 18235, or 18236 of title 10.’’. (b) PERIOD OF APPLICABILITY.—This section 2002 for military activities of the De- (2) Section 593 of such title is amended by applies with respect to legislative rec- partment of Defense, for military con- adding at the end the following: ommendations received by States during the structions, and for defense activities of ‘‘This section shall not prohibit the use of period beginning on the date of enactment of the Department of Energy, to prescribe buildings located on military installations, this Act and ending three years after such personnel strengths for such fiscal year or the use of reserve component facilities, as date. for the Armed Forces, and for other polling places in Federal, State, and local (c) DEFINITIONS.—In this section: (1) The term ‘‘legislative recommendation’’ purposes; which was ordered to lie on elections for public office in accordance with the table; as follows: section 2670(b), 18235, or 18236 of title 10.’’. means a recommendation of the Presidential (d) CONFORMING AMENDMENT TO VOTING designee suggesting a modification in the On page 49, between lines 2 and 3, insert RIGHTS LAW.—Section 2003 of the Revised laws of a State for the purpose of maxi- the following: Statutes (42 U.S.C. 1972) is amended by add- mizing the access to the polls of absent uni- SEC. 233. LIMITATIONS ON PROCUREMENT OF ing at the end the following: ‘‘Making a mili- formed services voters and overseas voters, AMMUNITION AND AMMUNITION tary installation or reserve component facil- including each recommendation made under PROPELLANT ity available as a polling place in a Federal, section 104 of the Uniformed and Overseas (a) PROCUREMENT THROUGH MANUFACTUR- State, or local election for public office in Citizens Absentee Voting Act (42 U.S.C. ERS IN NATIONAL TECHNOLOGY AND INDUS- accordance with section 2670(b), 18235, or 1973ff–3). TRIAL BASE.—Subsection (a) of section 2534 of 18236 of title 10, United States Code, shall be (2) The term ‘‘Presidential designee’’ title 10, United States Code, is amended by deemed to be consistent with this section.’’. means the head of the executive department adding at the end of the following new para- (e) CLERICAL AMENDMENTS.—(1) The head- designated under section 101 of the Uni- graph: ing of section 2670 of title 10, United States formed and Overseas Citizens Absentee Vot- ‘‘(6) AMMUNITION AND AMMUNITION PROPEL- Code, is amended to read as follows: ing Act (42 U.S.C. 1973ff). LANT.—Conventional ammunition and am- munition propellant used therein.’’. ‘‘§ 2670. Buildings on military installations: Mr. LOTT (for himself and (b) ADDITIONAL REQUIREMENTS FOR PRO- use by American National Red Cross and as SA 1603. Mr. COCHRAN) submitted an amend- CUREMENT.—Such section is further amended polling places in Federal, State, and local by adding at the end the following new sub- elections’’. ment intended to be proposed by him to the bill S. 1438, to authorize appro- section: (2) The item relating to such section in the ‘‘(j) ADDITIONAL REQUIREMENTS FOR PRO- table of sections at the beginning of chapter priations for fiscal year 2002 for mili- CUREMENT OF AMMUNITION AND AMMUNITION 159 of such title is amended to read as fol- tary activities of the Department of PROPELLANT.—(1) In addition to the require- lows: Defense, for military constructions, ment under subsection (a)(6), the Secretary ‘‘2670. Buildings on military installations: and for defense activities of the De- of Defense shall procure ammunition or am- use by American National Red partment of Energy, to prescribe per- munition propellant only from manufactur- Cross and as polling places in sonnel strengths for such fiscal year ers, whether privately owned or govern- Federal, State, and local elec- for the Armed Forces, and for other mentally-owned, meeting the requirements of paragraph (2). tions.’’. purposes; which was ordered to lie on SEC. 579. MAXIMIZATION OF ACCESS OF RE- ‘‘(2) A manufacturer of ammunition or am- CENTLY SEPARATED UNIFORMED the table; as follows: munition propellant meets the requirements SERVICES VOTERS TO THE POLLS. Strike section 303 and insert the following: of this paragraph if the manufacturer war- (a) IN GENERAL.—For purposes of voting in SEC. 303. ARMED FORCES RETIREMENT HOME. rants that any subcontractor which fur- any primary, special, general, or runoff elec- (a) AMOUNT FOR FISCAL YEAR 2002.—There nishes smokeless nitrocellulose to the manu- tion for Federal office (as defined in section is hereby authorized to be appropriated for facturer— 301 of the Federal Election Campaign Act of fiscal year 2002 from the Armed Forces Re- ‘‘(A) is a part of the national technology 1971 (2 U.S.C. 431)), each State shall, with re- tirement Home Trust Fund the sum of and industrial base; and spect to any recently separated uniformed $71,440,000 for the operation of the Armed ‘‘(B) was selected to furnish smokeless ni- services voter requesting to vote in the Forces Retirement Home, including the trocellulose through a competition meeting State— United States Soldiers’ and Airmen’s Home the requirements of paragraph (3). (1) deem the voter to be a resident of the and the Naval Home. ‘‘(3) The competition of a manufacturer for State; (b) AMOUNTS PREVIOUSLY AUTHORIZED.—Of the furnishing of smokeless nitrocellulose (2) waive any requirement relating to any amounts authorized to be appropriated from under paragraph (2)(B) shall— period of residence or domicile in the State the Armed Forces Retirement Home Trust ‘‘(A) be open to all other manufacturers of for purposes of registering to vote or voting Fund for fiscal years before fiscal year 2002 smokeless nitrocellulose in the national in that State; by Acts enacted before the date of the enact- technology and industrial base that manu- (3) accept and process, with respect to any ment of this Act, amounts shall be available facture the type of smokeless nitrocellulose primary, special, general, or runoff election, for those fiscal years, to the same extent as that is technically appropriate for use in the any otherwise valid voter registration appli- is provided in appropriation Acts, for the de- product to be made by the manufacturer; and cation from the voter on the day of the elec- velopment and construction of a blended use, ‘‘(B) provide that the winner of the com- tion; and multicare facility at the Naval Home and for petition may not furnish to the manufac- (4) permit the voter to vote in that elec- the acquisition of a parcel of real property turer an amount of smokeless nitrocellulose tion. adjacent to the Naval Home, consisting of in excess of 1.5 times the aggregate amount (b) DEFINITIONS.—In this section: approximately 15 acres, more or less. of smokeless nitrocellulose to be furnished

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9658 CONGRESSIONAL RECORD — SENATE September 21, 2001

to the manufacturer by all other partici- ‘‘(1) In coordination with the Under Sec- (e) REPORT.—(1) Not later than 30 days be- pants in the competition. retary of Defense for Policy, the establish- fore an exercise of the authority provided in ‘‘(4) This subsection sets forth procure- ment of policy on space. subsection (a), the President shall submit to ment procedures expressly authorized by ‘‘(2) In coordination with the Under Sec- Congress a report on the proposed organiza- statute within the meaning of section retary of Defense for Acquisition, Tech- tion of the office of the Under Secretary of 2304(a)(1) of this title.’’. nology, and Logistics, the acquisition of Defense for Space, Intelligence, and Informa- (c) EFFECTIVE DATE.—The amendments space systems. tion. made by this section shall take effect on Oc- ‘‘(3) The deployment and use of space as- (2) If the Secretary of Defense has not exer- tober 1, 2001, and shall apply with respect to sets. cised the authority granted in subsection (a) the procurement of ammunition and ammu- ‘‘(4) The oversight of research, develop- on the date that is one year after the date of nition propellant by the Secretary of Defense ment, acquisition, launch, and operation of the enactment of this Act, the Secretary on or after that date. space, intelligence, and information assets. shall submit to the Committees on Armed ‘‘(5) The coordination of military intel- Services of the Senate and the House of Rep- SA 1606. Mr. ALLARD (for himself, ligence activities within the Department. resentatives on that date a report describing the actions taken by the Secretary to ad- and Mr. SMITH of New Hamphsire) sub- ‘‘(6) The coordination of intelligence ac- dress the problems in the management and tivities of the Department and the intel- mitted an amendment intended to be organization of the Department of Defense ligence community in order to meet the proposed by him to the bill S. 1438, to for space activities that are identified by the long-term intelligence requirements of the authorize appropriations for fiscal year Commission To Assess United States Na- United States. 2002 for military activities of the De- tional Security Space Management and Or- ‘‘(7) The coordination of space activities of ganization in the report of the Commission partment of Defense, for military con- the Department with commercial and civil- structions, and for defense activities of submitted under section 1623 of the National ian space activities. Defense Authorization Act for Fiscal Year the Department of Energy, to prescribe ‘‘(c) The Secretary of Defense shall des- 2000 (Public Law 106–65; 113 Stat. 815). ignate the Under Secretary of Defense for personnel strengths for such fiscal year SEC. 912. RESPONSIBILITY FOR SPACE PRO- for the Armed Forces, and for other Space, Intelligence, and Information as the GRAMS. purposes; which was ordered to lie on Chief Information Officer of the Department (a) IN GENERAL.—Part IV of subtitle A of the table; as follows: of Defense under section 3506(a)(2)(B) of title title 10, United States Code, is amended by 44. inserting after chapter 134 the following new At the end of title IX, add the following: ‘‘(d) The Under Secretary of Defense for chapter: Subtitle B—Organization and Management of Space, Intelligence, and Information takes ‘‘CHAPTER 135—SPACE PROGRAMS Space Activities precedence in the Department of Defense after the Under Secretary of Defense for Per- ‘‘Sec. SEC 911. ESTABLISHMENT OF POSITION OF ‘‘2271. Responsibility for space programs. UNDER SECRETARY OF DEFENSE sonnel and Readiness.’’. FOR SPACE, INTELLIGENCE, AND IN- (2) ADDITIONAL ASSISTANT SECRETARY OF ‘‘§ 2271. Responsibility for space programs FORMATION. DEFENSE.—Section 138(a) of that title is ‘‘(a) RESPONSIBILITY OF SECRETARY OF AIR (a) AUTHORITY OF SECRETARY OF DEFENSE amended by striking ‘‘nine Assistant Secre- FORCE AS EXECUTIVE AGENT.—The Secretary TO ESTABLISH POSITION.—Upon the direction taries of Defense’’ and inserting ‘‘ten Assist- of the Air Force shall be the executive agent of the President, the Secretary of Defense ant Secretaries of Defense’’. of the Department of Defense for functions of may, subject to subsection (b), establish in (3) DUTIES OF ASSISTANT SECRETARIES OF the Department designated by the Secretary the Office of the Secretary of Defense the po- DEFENSE FOR SPACE, INTELLIGENCE, AND IN- of Defense with respect to the following: sition of Under Secretary of Defense for FORMATION.—Section 138(b) of that title is ‘‘(1) Planning for the acquisition programs, Space, Intelligence, and Information. If the amended by adding at the end the following projects, and activities of the Department position is so established, the Under Sec- new paragraph: that relate to space. retary of Defense for Space, Intelligence, and ‘‘(7) Two of the Assistant Secretaries shall ‘‘(2) Efficient execution of the programs, Information shall perform duties and exer- have as their principal duties supervision of projects, and activities. cise powers as set forth under section 137 of activities relating to space, intelligence, and ‘‘(b) RESPONSIBILITY OF UNDER SECRETARY title 10, United States Code, as amended by information. The Assistant Secretaries shall OF AIR FORCE AS ACQUISITION EXECUTIVE.— subsection (d). each report to the Under Secretary of De- The Under Secretary of the Air Force shall be the acquisition executive of the Depart- (b) DEADLINE FOR EXERCISE OF AUTHOR- fense for Space, Intelligence, and Informa- ment of the Air Force for the programs, ITY.—The Secretary may not exercise the au- tion in the performance of such duties.’’. projects, and activities referred to in sub- thority in subsection (a) after December 31, (4) CONFORMING AMENDMENTS.—Section section (a). 2003. 131(b) of that title is amended— ‘‘(c) RESPONSIBILITY OF UNDER SECRETARY (c) NOTICE OF EXERCISE OF AUTHORITY.—If (A) by redesignating paragraphs (6) OF AIR FORCE AS DIRECTOR OF NRO.—The the authority in subsection (a) is exercised, through (11) as paragraphs (7) through (12), Under Secretary of the Air Force shall act as the Secretary shall immediately notify Con- respectively; and the Director of the National Reconnaissance gress of the establishment of the position of (B) by inserting after paragraph (5) the fol- Office. Under Secretary of Defense for Space, Intel- lowing new paragraph (6): ‘‘(d) COORDINATION OF DUTIES OF UNDER ligence, and Information, together with the ‘‘(6) The Under Secretary of Defense for SECRETARY OF AIR FORCE.—In carrying out date on which the position is established. Space, Intelligence, and Information.’’. duties under subsections (b) and (c), the (d) NATURE OF POSITION.— (5) PAY LEVELS.—(A) Section 5314 of title 5, Under Secretary of the Air Force shall co- (1) IN GENERAL.—Effective as of the date United States Code, is amended by inserting ordinate the space programs, projects, and provided for in paragraph (7), chapter 4 of after ‘‘Under Secretary of Defense for Per- activities of the Department of Defense and title 10, United States Code, is amended— sonnel and Readiness’’ the following: the programs, projects, and activities of the (A) by redesignating section 137 as section ‘‘Under Secretary of Defense for Space, In- National Reconnaissance Office. 139a and by transferring such section (as so telligence, and Information.’’. ‘‘(e) SPACE CAREER FIELD.—(1) The Under redesignated) within such chapter so as to (B) Section 5315 of title 5, United States Secretary of the Air Force shall establish appear after section 139; and Code, is amended in the item relating to As- and implement policies and procedures to de- (B) by inserting after section 136 the fol- sistant Secretaries of Defense by striking velop a cadre of technically competent offi- lowing new section 137: ‘‘(9)’’ and inserting ‘‘(10)’’. cers with the capability to develop space doctrine, concepts of space operations, and ‘‘§ 137. Under Secretary of Defense for Space, (6) CLERICAL AMENDMENTS.—The table of space systems for the Department of the Air Intelligence, and Information sections at the beginning of chapter 4 of title 10, United States Code, is amended— Force. ‘‘(a) There is an Under Secretary of De- ‘‘(2) The Secretary of the Air Force shall fense for Space, Intelligence, and Informa- (A) by striking the item relating to section 137 and inserting the following new item: assign to the commander of Air Force Space tion, appointed from civilian life by the Command primary responsibility for— President, by and with the advice and con- ‘‘137. Under Secretary of Defense for Space, ‘‘(A) establishing and implementing edu- sent of the Senate. Intelligence, and Information.’’; cation and training programs for space pro- ‘‘(b) Subject to the authority, direction, and grams, projects, and activities of the Depart- and control of the Secretary of Defense, the (B) by inserting after the item relating to ment of the Air Force; and Under Secretary of Defense for Space, Intel- section 139 the following new item: ‘‘(B) management of the space career field ligence, and Information shall perform such ‘‘139a. Director of Defense Research and En- under paragraph (1). duties and exercise such powers relating to gineering.’’. ‘‘(f) JOINT PROGRAM MANAGEMENT.—The the space, intelligence, and information pro- (7) EFFECTIVE DATE.—The amendments Under Secretary of the Air Force shall take grams and activities of the Department of made by this subsection shall take effect as appropriate actions to ensure that, to max- Defense as the Secretary of Defense may pre- of the date specified in the notification pro- imum extent practicable, Army, Navy, Ma- scribe. The duties and powers prescribed for vided by the Secretary of Defense to Con- rine Corps, and Air Force personnel are as- the Under Secretary shall include the fol- gress under subsection (c) of the exercise of signed, on a joint duty assignment basis, as lowing: the authority in subsection (a). follows:

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9659 ‘‘(1) To carry out the space development SA 1607. Mr. BINGAMAN (for himself partment of Defense, for military con- and acquisition programs of the Department and Mr. DOMENICI) submitted an structions, and for defense activities of of Defense; and amendment intended to be proposed by the Department of Energy, to prescribe ‘‘(2) To the Office of the National Security him to the bill S. 1438, to authorize ap- personnel strengths for such fiscal year Space Architect.’’. (b) CLERICAL AMENDMENT.—The tables of propriations for fiscal year 2002 for for the Armed Forces, and for other chapters at the beginning of such subtitle military activities of the Department purposes; which was ordered to lie on and at the beginning of part IV of such sub- of Defense, for military constructions, the table; as follows: title are amended by inserting after the item and for defense activities of the De- At the end of subtitle D of title III, add the relating to chapter 134 the following new partment of Energy, to prescribe per- following: item: sonnel strengths for such fiscal year SEC. 335. PILOT PROGRAM FOR EFFICIENT IN- ‘‘135. Space Programs ...... 2271’’. for the Armed Forces, and for other VENTORY MANAGEMENT SYSTEM FOR THE DEPARTMENT OF DE- SEC. 913. MAJOR FORCE PROGRAM CATEGORY purposes; which was ordered to lie on FENSE. FOR SPACE PROGRAMS. the table; as follows: (a) PILOT PROGRAM.—(1) The Secretary of (a) REQUIREMENT.—The Secretary of De- Defense shall, using amounts available under fense shall create a major force program cat- At the end of subtitle B of title II, add the subsection (c), carry out a pilot program for egory for space programs for purposes of the following: the development and operation of an effi- future-years defense program under section SEC. . BIG CROW PROGRAM AND DEFENSE SYS- cient inventory management system for the 221 of title 10, United States Code. TEMS EVALUATION PROGRAM. Department of Defense. The pilot program (b) COMMENCEMENT.—The category created (a) INCREASE IN AUTHORIZATION OF APPRO- under subsection (a) shall be included in each PRIATIONS FOR RESEARCH, DEVELOPMENT, shall be designed to address the problems in future-years defense program submitted to TEST, AND EVALUATION, DEFENSE-WIDE.—The the inventory management system of the De- Congress under section 221 of title 10, United amount authorized to be appropriated by partment that were identified by the Comp- States Code, in fiscal years after fiscal year section 201(4) for research, development, test, troller General of the United States as a re- 2002. and evaluation, Defense-wide, is hereby in- sult of the General Accounting Office audit creased by $15,100,000, with the amount of the of the inventory management system of the SEC. 914. ASSESSMENT OF IMPLEMENTATION OF Department in 1997. RECOMMENDATIONS OF COMMIS- increase to be available for operational test SION TO ASSESS UNITED STATES NA- and evaluation (PE605118D). (2) In entering into any contract for pur- TIONAL SECURITY SPACE MANAGE- (b) AVAILABILITY OF FUNDS.—Of the poses of the pilot program, the Secretary MENT AND ORGANIZATION. amount authorized to be appropriated by shall take into appropriate account current (a) COMPTROLLER GENERAL ASSESSMENT.— section 201(4), as increased by subsection Department contract goals for small busi- The Comptroller General shall carry out an (a)— ness concerns owned and controlled by so- assessment of the progress made by the De- (1) $12,000,000 shall be available for the Big cially and economically disadvantaged indi- partment of Defense in implementing the Crow program; and viduals. recommendations of the Commission To As- (2) $3,100,000 shall be available for the De- (b) REPORT.—Not later than one year after sess United States National Security Space fense Systems Evaluation (DSE) program. the date of the enactment of this Act, the Management and Organization as contained (c) OFFSET.—The amount authorized to be Secretary shall submit to Congress a report in the report of the Commission submitted appropriated by this division, other than the on the pilot program under subsection (a). under section 1623 of the National Defense amount authorized to be appropriated by The report shall describe the pilot program, Authorization Act for Fiscal Year 2000 (Pub- subsection (a), is hereby reduced by assess the progress of the pilot program, and lic Law 106–65; 113 Stat. 815). $15,100,000, which represents savings result- contain such recommendations at the Sec- (b) REPORTS.—Not later than February 15 ing from adjustments to foreign currency ex- retary considers appropriate regarding ex- of each of 2002 and 2003, the Comptroller Gen- change rates. pansion or extension of the pilot program. eral shall submit to the Committees on (c) FUNDING.—(1) The amount authorized to Armed Services of the Senate and House of SA 1608. Mr. HUTCHINSON sub- be appropriated by section 301(5) for oper- Representatives a report on the assessment mitted an amendment intended to be ation and maintenance for Defense-wide ac- carried out under subsection (a). Each report tivities is hereby increased by $1,000,000. proposed by him to the bill S. 1438, to (2) Of the amount authorized to be appro- shall set forth the results of the assessment authorize appropriations for fiscal year as of the date of such report. priated by section 301(5) for operation and 2002 for military activities of the De- maintenance for Defense-wide activities, as SEC. 915. GRADE OF COMMANDER OF AIR FORCE SPACE COMMAND. partment of Defense, for military con- increased by paragraph (1), $1,000,000 shall be available for the pilot program under sub- (a) IN GENERAL.—Chapter 845 of title 10, structions, and for defense activities of United States Code, is amended by adding at the Department of Energy, to prescribe section (a). the end the following new section: personnel strengths for such fiscal year SA 1610. Mr. SANTORUM submitted ‘‘§ 8584. Commander of Air Force Space Com- for the Armed Forces, and for other an amendment intented to be proposed mand purposes; which was ordered to lie on by him to the bill S. 1438, to authorize ‘‘(a) GRADE.—The officer serving as com- the table; as follows: appropriations for fiscal year 2002 for mander of the Air Force Space Command At the end of subtitle A of title III, add the military activities of the Department shall, while so serving, have the grade of following: general. of Defense, for military constructions, SEC. 306. CLARA BARTON CENTER FOR DOMES- and for defense activities of the De- ‘‘(b) LIMITATION ON CONCURRENT COMMAND TIC PREPAREDNESS, ARKANSAS. ASSIGNMENTS.—The officer serving as com- partment of Energy, to prescribe per- (a) INCREASE IN AUTHORIZATION OF APPRO- mander of the Air Force Space Command PRIATIONS FOR OPERATION AND MAINTENANCE, sonnel strengths for such fiscal year may not, while so serving, serve as com- DEFENSE-WIDE.—The amount authorized to for the Armed Forces, and for other mander-in-chief of the United States Space be appropriated by section 301(5) for oper- purposes; which was ordered to lie on Command (or any successor combatant com- ation and maintenance for Defense-wide ac- the table; as follows: mand with responsibility for space) or as tivities is hereby increased by $1,800,000. commander of the United States element of At the end of subtitle D of title III, add the (b) AVAILABILITY OF FUNDS.—(1) Of the following: the North American Air Defense Com- amount authorized to be appropriated by SEC. 335. FUNDING FOR LAND FORCES mand.’’. section 301(5) for operation and maintenance (b) CLERICAL AMENDMENT.—The table of READINESS-INFORMATION OPERATIONS for Defense-wide activities, as increased by sections at the beginning of such chapter is SUSTAINMENT. subsection (a), $1,800,000 shall be available amended by adding at the end the following for the Clara Barton Center for Domestic Of the amount authorized to be appro- new item: Preparedness, Arkansas. priated by section 301(6), $5,000,000 shall be ‘‘8584. Commander of Air Force Space Com- (2) The amount made available by para- available for land forces readiness-informa- mand.’’. graph (1) for the Clara Barton Center for Do- tion operations sustainment. SEC. 916. SENSE OF CONGRESS REGARDING mestic Preparedness is in addition to any GRADE OF OFFICER ASSIGNED AS other amounts made available by this Act SA 1611. Mr. SANTORUM submitted COMMANDER OF UNITED STATES for the Clara Barton Center for Domestic an amendment intended to be proposed SPACE COMMAND. Preparedness. by him to the bill S. 1438, to authorize It is the sense of Congress that the Sec- appropriations for fiscal year 2002 for retary of Defense should assign the best Mr. HUTCHINSON sub- military activities of the Department qualified officer of the Army, Marine Corps, SA 1609. or Air Force with the grade of general, or of mitted an amendment intended to be of Defense, for military constructions, the Navy with the grade of admiral, to the proposed by him to the bill S. 1438, to and for defense activities of the De- position of Commander of the United States authorize appropriations for fiscal year partment of Energy, to prescribe per- Space Command. 2002 for military activities of the De- sonnel strengths for such fiscal year

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9660 CONGRESSIONAL RECORD — SENATE September 21, 2001 for the Armed Forces, and for other (d) CONSIDERATIONS.—In evaluating infra- and other support services as may be nec- purposes; which was ordered to lie on structure and developing a plan or plans essary to carry out its duties. the table; as follows: under subsection (c), the Commission shall (2) The Commission may hold hearings, sit take into consideration the following fac- and act at times and places, take testimony, On page 22, line 22, increase the amount by tors: and receive evidence that the Commission $1,000,000. (1) Present and future force structure and considers necessary to carry out the pur- On page 22, line 21, reduce the amount by mission requirements through 2020, con- poses of this Act. $1,000,000. sistent with the Joint Vision 2020 issued by (3) The Commission may request directly from any department or agency of the Fed- SA 1612. Mrs. HUTCHISON submitted the Joint Chiefs of Staff, including— (A) mobilization requirements; and eral Government any information that the an amendment intended to be proposed (B) requirements for utilization of facili- Commission considers necessary to carry out by her to the bill S. 1438, to authorize ties by the Department of Defense and other the provisions of this section. To the extent appropriations for fiscal year 2002 for departments and agencies of the United consistent with applicable requirements of military activities of the Department States, including— law and regulation, the head of such depart- of Defense, for military constructions, (i) joint use by two or more of the Armed ment or agency shall furnish such informa- and for defense activities of the De- Forces; and tion to the Commission. partment of Energy, to prescribe per- (ii) use by reserve components. (4) The Commission may use the United States mails in the same manner and under sonnel strengths for such fiscal year (2) The availability and condition of facili- ties, land, and associated airspace, includ- the same conditions as other departments for the Armed Forces, and for other ing— and agencies of the Federal Government. purposes; which was ordered to lie on (A) proximity to mobilization points, in- (g) COMMISSION PERSONNEL MATTERS.—(1) the table; as follows: cluding points of embarkation for air or rail Members of the Commission shall serve Strike title XXIX and insert the following: transportation and ports; without additional compensation for their TITLE XXIX—COMMISSION ON DEPART- (B) current, planned, and programmed service on the Commission, except that MENT OF DEFENSE INFRASTRUCTURE military construction. members appointed from among private citi- (3) Ranges and airspace factors, including— zens may be allowed travel expenses, includ- SEC. 2901. COMMISSION ON THE DEPARTMENT OF ing per diem in lieu of subsistence, as au- DEFENSE INFRASTRUCTURE. (A) uniqueness; and (B) existing or potential electromagnetic thorized by law for persons serving intermit- (a) ESTABLISHMENT.—There is established a tently in government service under sub- commission to be known as the ‘‘Commission or other encroachment. chapter I of chapter 57 of title 5, United on the Department of Defense Infrastruc- (4) Force protection. States Code, while away from their homes ture’’ (in this section referred to as the (5) Anticipated costs and effects of relo- and places of business in the performance of ‘‘Commission’’). cating critical infrastructure in the case of a base closure or realignment, including— services for the Commission. (b) MEMBERSHIP.—(1) The Commission shall (2) The Chairman of the Commission may be composed of 13 members who shall be ap- (A) associated military construction costs appoint staff, request the detail of Federal pointed, not later than 90 days after the date at receiving installations and facilities; employees, and accept temporary or inter- of the enactment of this Act, as follows: (B) associated environmental costs, includ- mittent services in accordance with sub- (A) Seven members appointed by the Presi- ing costs of compliance with Federal and chapter IV of chapter 31 of title 5, United dent in consultation with the Secretary of State environmental laws; States Code. Defense, including at least one member ap- (C) termination costs and other liabilities (h) TERMINATION.—The Commission shall pointed from each of the Army, Navy, Air relating to existing contracts and trans- terminate 30 days after the submission of the Force, and Marine Corps. actions that involve outsourcing or privat- report under subsection (e). (B) Two members appointed by the Speak- ization of services, housing, or utilities used by the Department of Defense; (i) AUTHORIZATION OF APPROPRIATIONS.— er of the House of Representatives. There is authorized to be appropriated for (C) Two members appointed by the Major- (D) impact on co-located organizations of the Department of Defense; the Commission, $5,000,000, to remain avail- ity Leader of the Senate. able until expended. (D) One member appointed by the Minority (E) impact on co-located Federal agencies; and Leader of the House of Representatives. SA 1613. Mr. SMITH of New Hamp- (E) One member appointed by the Minority (F) costs of civilian personnel transfers and Leader of the Senate. relocations and other workforce implica- shire submitted an amendment in- (2) Members shall be appointed for the life tions. tended to be proposed by him to the of the Commission. Any vacancy in the Com- (6) Community support of military pres- bill S. 1438, to authorize appropriations mission shall not affect its powers, but shall ence, including— for fiscal year 2002 for military activi- be filled in the same manner as the original (A) opportunities for public and private ties of the Department of Defense, for partnerships in support of Department of De- appointment. military constructions, and for defense (3) The President shall designate one mem- fense activities; and (B) economic effects and other effects of activities of the Department of Energy, ber of the Commission to serve as the Chair- to prescribe personnel strengths for man. base closures and realignments on local com- (4) The Commission shall meet at the call munities. such fiscal year for the Armed Forces, of the Chairman. A majority of the members (7) Lessons learned from previous base clo- and for other purposes; which was or- shall constitute a quorum, but a lesser num- sures and realignments, including those re- dered to lie on the table; as follows: ber may hold hearings for the Commission. garding disparities between anticipated sav- At the end of subtitle A of title X, add the (c) DUTIES.—The Commission— ings and actual savings. following: (1) shall evaluate the infrastructure of the (8) Anticipated savings and other benefits of realigning or closing a base or facility, in- SEC. 1009. ADDITIONAL FUNDS FOR UNFUNDED Department of Defense inside and outside PRIORITIES OF THE ARMED FORCES. cluding— the United States, including the use of the (a) INCREASE IN AMOUNT AUTHORIZED FOR (A) any enhancement of capabilities to infrastructure, in relationship to the re- ARMED FORCES.—The aggregate amount au- make better use of remaining infrastructure; quirements of the Department of Defense; thorized to be appropriated by this division and (2) shall develop a plan of actions that the is hereby increased by $1,778,000,000, with the (B) ability to relocate units and other as- Commission recommends for rationalizing amount of such increase to be allocated in sets. and maximizing the use of the facilities of equal portions among the Army, Navy, Ma- (9) Any other factors that the Commission the Department of Defense and other ele- rine Corps, and Air Force, and available to considers significant. ments of the infrastructure; meet the unfunded requirements of each (3) if the Commission finds that the infra- (e) REPORT.—(1) Not later than 270 days Armed Force in accordance with the priority structure is excess to the requirements of after the date of the enactment of this Act, list of such Armed Force. the Commission shall submit a report on its the Department of Defense, shall develop a (b) DECREASE IN AMOUNT AUTHORIZED FOR activities to the President and Congress. recommended plan of actions for reducing DEPARTMENT OF ENERGY.—The aggregate the excess, which may include closure or re- (2) The report shall include the following: amount authorized to be appropriated by alignment of installations and other facili- (A) The Commission’s findings and conclu- title XXXI is hereby reduced by $1,778,000,000. ties, basing of forces or workforces in urban sions. areas, privatization of the operation of fa- (B) The plan or plans of recommended ac- SA 1614. Mr. SMITH of New Hamp- cilities, increasing the use of leasing, and tions developed under subsection (c). shire submitted an amendment in- (C) The recommended analytical process any other actions determined appropriate by tended to be proposed by him to the the Commission; and developed under subsection (c)(4). (4) shall develop a recommended analytical (f) ADMINISTRATIVE REQUIREMENTS AND AU- bill S. 1438, to authorize appropriations process for evaluating the infrastructure of THORITIES.—(1) The Secretary of Defense for fiscal year 2002 for military activi- the Department of Defense on the basis of shall ensure that the Commission is provided ties of the Department of Defense, for the factors described in subsection (d). such administrative services, facilities, staff, military constructions, and for defense

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9661 activities of the Department of Energy, an amendment to the bill H.R. 2500, ment of the Interior; and Brigadier to prescribe personnel strengths for making appropriations for the Depart- General Carl A. Strock to be a Member such fiscal year for the Armed Forces, ments of Commerce, Justice, and of the Mississippi River Commission. and for other purposes; which was or- State, the Judiciary, and related agen- The hearing will be held in the Rm. dered to lie on the table; as follows: cies for the fiscal year ending Sep- SD–406. At the appropriate place, insert the fol- tember 30, 2002, and for other purposes; The PRESIDING OFFICER. Without lowing: as follows: objection, it is so ordered. SEC. ll. UNITED STATES-CHINA MILITARY-TO- Strike section 404 of the Senate amend- COMMITTEE ON FOREIGN RELATIONS MILITARY EXCHANGES. ment. Mr. LEVIN. Mr. President, I ask (a) INSTRUCTION IN THE LAW OF WAR AND unanimous consent that the Com- THE HAGUE AND GENEVA CONVENTIONS.— f mittee on Foreign Relations be author- United States-China military-to-military ex- NOTICE OF HEARINGS/MEETINGS changes shall include instruction in the fol- ized to meet during the session of the lowing for PLA officers participating in the COMMITTEE ON ENERGY AND NATURAL Senate on Friday, September 21, 2001, exchanges: RESOURCES at 12 p.m., to hold a nomination hear- (1) The principles, spirit, and intent of the Mr. BINGAMAN. Mr. President, I ing. 1907 Hague and 1949 Geneva Conventions. would like to announce for the infor- Nominees: The Honorable Arlene (2) The law of war prohibiting unnecessary mation of the Senate and the public Render, of Virginia, to be Ambassador destruction. that a closed hearing has been sched- to the Republic of Cote d’Ivoire; Ms. (3) The law of war requiring humane treat- ment of prisoners of war (POWs), other cap- uled before the Committee on Energy Mattie Sharpless, of North Carolina, to tured and detained personnel, and civilians. and Natural Resources. be Ambassador to the Central African (4) The obligation not to commit war The hearing will take place on Republic; Mr. R. Barrie Walkley, of crimes. Wednesday, September 26, at 9:30 a.m., California, to be Ambassador to the Re- (5) The obligation to report all violators of in location to be announced. public of Guinea; Mr. Jackson McDon- the law of war. The purpose of the hearing is to re- ald, of Florida, to be Ambassador to (6) The significant provisions of the Geneva ceive testimony on critical energy in- the Republic of The Gambia; Mr. Kevin Convention Relative to the Treatment of frastructure security and the energy McGuire, of Maryland, to be Ambas- Prisoners of War, done on August 12, 1949. (7) Full exposure to the Uniform Code of industry’s response to the events of sador to the Republic of Namibia; Mr. Military Justice (UCMJ) and the Soldier’s September 11, 2001. Ralph Boyce, Jr., of Virginia, to be Handbook. Those wishing to submit written Ambassador to the Republic of Indo- (b) HUMAN RIGHTS VIOLATIONS BY CHINA.— statements on this subject should ad- nesia; and Mr. Robert Jordan, of Texas, None of the funds made available by this Act dress them to the Committee on En- to be Ambassador to the Kingdom of for military-to-military exchanges may be ergy and Natural Resources, Attn: Saudi Arabia. provided to any officers of the security Deborah Estes, U.S. Senate, Wash- The PRESIDING OFFICER. Without forces of the People’s Republic of China if ington, DC 20510. objection, it is so ordered. the Secretary of State has credible evidence that such officers have committed gross vio- For further information, please call COMMITTEE ON GOVERNMENTAL AFFAIRS lations of human rights, unless the Sec- Deborah Estes at 202/224–5360. Mr. LEVIN. Mr. President, I ask retary determines and reports to the Com- f unanimous consent that the Com- mittees on Armed Services and Appropria- mittee on Governmental Affairs be au- tions of the Senate and the House of Rep- AUTHORITY FOR COMMITTEES TO thorized to meet on Friday, September resentatives that the Government of the MEET 21, 2001, at 9:30 a.m., for a hearing enti- People’s Republic of China is taking effec- COMMITTEE ON ARMED SERVICES tive measures to bring the responsible mem- tled ‘‘Responding to Homeland bers of the security forces to justice. Mr. LEVIN Mr. President, I ask Threats: Is Our Government Organized (c) HUMAN RIGHTS VIOLATIONS BY OTHER unanimous consent that the Com- for the Challenge?’’ FOREIGN COUNTRIES.—None of the funds made mittee on Armed Services be Author- The PRESIDING OFFICER. Without available by this Act may be used to support ized to meet during the session of the objection, it is so ordered. any exchange program involving a unit of Senate on Friday, September 21, 2001, f the security forces of a foreign country if the at 8:30 a.m., in closed session to receive Secretary of Defense has received credible PRIVILEGES OF THE FLOOR a briefing on current Department of information from the Department of State Mr. WARNER. Mr. President, I ask that a member of such unit has committed a Defense activities. gross violation of human rights, unless all The PRESIDING OFFICER. Without unanimous consent that Jimmie Keen- necessary corrective steps have been taken. objection, it is so ordered. an and Ray Ivie, fellows on the staff of (d) WAIVER.—The Secretary of Defense may COMMITTEE ON ENVIRONMENT AND PUBLIC Senator Hutchison, be granted the waive the provisions of this section if he de- WORKS privilege of the floor for the duration termines that extraordinary circumstances Mr. LEVIN. Mr. President, I ask of today’s debate. require it. Within 15 days of issuing such a The PRESIDING OFFICER. Without waiver, the Secretary shall submit a report unanimous consent that the full Com- mittee on Environment and Public objection, it is so ordered. to the congressional defense committees de- Mr. CLELAND. Mr. President, I ask scribing the extraordinary circumstances, Works be authorized to meet on Fri- the purpose and duration of the exchange day, September 21, 2001, at 9 a.m., to unanimous consent that privileges of program, the United States forces involved conduct a hearing on following pending the floor be granted to my staff, Steve in the training program, and the information nominations: Brigadier General Edwin Tryon, during the discussion of this relating to human rights violations that ne- J. Arnold, Jr. to be a Member and Defense authorization bill. cessitates the waiver. President of the Mississippi River Com- The PRESIDING OFFICER. Without mission; Nils J. Diaz to be a Member of objection, it is so ordered. SA 1615. Mr. REID (for Mr. SARBANES the Nuclear Regulatory Commission; f (for himself and Mr. GRAMM)) proposed an amendment to the bill H.R. 2510, to Marianne Lamont Horinko to be As- TREASURY, POSTAL SERVICE, AND extend the expiration date of the De- sistant Administrator, Office of Solid GENERAL GOVERNMENT APPRO- fense Production Act of 1950, and for Waste, Environmental Protection PRIATIONS ACT, 2002 other purposes; as follows: Agency; Patrick Hayes Johnson to be Federal Cochairperson, Delta Regional On September 19, 2001, the Senate On page 2, strike lines 9 through 14 and in- amended and passed H.R. 2590, as fol- sert the following: ‘‘2002’’. Authority; Paul Michael Parker to be Assistant Secretary of the Army for lows: ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Resolved, That the bill from the House of ‘‘Section 711(b) of the Defense Production Civil Works, Department of Defense; Mary E. Peters to be Administrator of Representatives (H.R. 2590) entitled ‘‘An Act Act of 1950 (50 U.S.C. App. 2161(b)) is amended making appropriations for the Treasury De- by striking ‘2001’ and inserting ‘2002’.’’ the Federal Highway Administration, partment, the United States Postal Service, Department of Transportation; Harold the Executive Office of the President, and SA 1616. Mr. REID (for Mr. HOLLINGS Craig Manson to be Assistant Sec- certain Independent Agencies, for the fiscal (for himself and Mr. GREGG)) proposed retary for Fish and Wildlife, Depart- year ending September 30, 2002, and for other

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purposes.’’, do pass with the following TREASURY BUILDING AND ANNEX REPAIR AND ing at any Federal Law Enforcement Training amendment: RESTORATION Center site shall reside in on-Center or Center- Strike out all after the enacting clause and For the repair, alteration, and improvement of provided housing, insofar as available and in insert: the Treasury Building and Annex, $32,932,000, accordance with Center policy: Provided fur- That the following sums are appropriated, out to remain available until expended. ther, That funds appropriated in this account shall be available, at the discretion of the Direc- of any money in the Treasury not otherwise ap- EXPANDED ACCESS TO FINANCIAL SERVICES propriated, for the Treasury Department, the tor, for the following: training United States (RESCISSION) Postal Service law enforcement personnel and United States Postal Service, the Executive Of- Of the funds appropriated under this heading fice of the President, and certain Independent Postal police officers; State and local govern- in the Department of Transportation and Re- ment law enforcement training on a space-avail- Agencies, for the fiscal year ending September lated Agencies Appropriations Act, 2001 (as en- 30, 2002, and for other purposes, namely: able basis; training of foreign law enforcement acted into law by Public Law 106–346), officials on a space-available basis with reim- TITLE I—DEPARTMENT OF THE TREASURY $8,000,000 are rescinded effective September 30, bursement of actual costs to this appropriation, 2001. DEPARTMENTAL OFFICES except that reimbursement may be waived by the FINANCIAL CRIMES ENFORCEMENT NETWORK Secretary for law enforcement training activities SALARIES AND EXPENSES SALARIES AND EXPENSES in foreign countries undertaken pursuant to sec- For necessary expenses of the Departmental For necessary expenses of the Financial tion 801 of the Antiterrorism and Effective Offices including operation and maintenance of Crimes Enforcement Network, including hire of Death Penalty Act of 1996, Public Law 104–32; the Treasury Building and Annex; hire of pas- passenger motor vehicles; travel expenses of training of private sector security officials on a senger motor vehicles; maintenance, repairs, non-Federal law enforcement personnel to at- space-available basis with reimbursement of ac- and improvements of, and purchase of commer- tend meetings concerned with financial intel- tual costs to this appropriation; and travel ex- cial insurance policies for, real properties leased ligence activities, law enforcement, and finan- penses of non-Federal personnel to attend or owned overseas, when necessary for the per- cial regulation; not to exceed $14,000 for official course development meetings and training spon- formance of official business; not to exceed reception and representation expenses; and for sored by the Center: Provided further, That the $3,500,000 for official travel expenses; not to ex- assistance to Federal law enforcement agencies, Center is authorized to obligate funds in antici- ceed $3,813,000, to remain available until ex- with or without reimbursement, $45,702,000, of pation of reimbursements from agencies receiv- pended for information technology moderniza- which not to exceed $3,400,000 shall remain ing training sponsored by the Federal Law En- tion requirements; not to exceed $150,000 for offi- available until September 30, 2004; and of which forcement Training Center, except that total ob- cial reception and representation expenses; not $7,790,000 shall remain available until September ligations at the end of the fiscal year shall not to exceed $258,000 for unforeseen emergencies of 30, 2003: Provided, That funds appropriated in exceed total budgetary resources available at the a confidential nature, to be allocated and ex- this account may be used to procure personal end of the fiscal year: Provided further, That pended under the direction of the Secretary of services contracts. the Federal Law Enforcement Training Center the Treasury and to be accounted for solely on is authorized to provide training for the Gang COUNTERTERRORISM FUND his certificate, $187,322,000: Provided, That the Resistance Education and Training program to Office of Foreign Assets Control shall be funded For necessary expenses, as determined by the Federal and non-Federal personnel at any facil- at no less than $19,732,000: Provided further, Secretary, $44,879,000, to remain available until ity in partnership with the Bureau of Alcohol, That of these amounts $2,900,000 is available for expended, to reimburse any Department of the Tobacco and Firearms: Provided further, That grants to State and local law enforcement Treasury organization for the costs of providing the Federal Law Enforcement Training Center groups to help fight money laundering. support to counter, investigate, or prosecute ter- is authorized to provide short-term medical serv- rorism, including payment of rewards in connec- ices for students undergoing training at the DEPARTMENT-WIDE SYSTEMS AND CAPITAL tion with these activities: Provided, That any INVESTMENTS PROGRAMS Center. amount provided under this heading shall be ACQUISITION, CONSTRUCTION, IMPROVEMENTS, (INCLUDING TRANSFER OF FUNDS) available only after the advance approval of the AND RELATED EXPENSES For development and acquisition of automatic Committees on Appropriations. For expansion of the Federal Law Enforce- data processing equipment, software, and serv- FEDERAL LAW ENFORCEMENT TRAINING CENTER ment Training Center, for acquisition of nec- ices for the Department of the Treasury, SALARIES AND EXPENSES essary additional real property and facilities, $69,028,000, to remain available until expended: For necessary expenses of the Federal Law and for ongoing maintenance, facility improve- Provided, That these funds shall be transferred Enforcement Training Center, as a bureau of ments, and related expenses, $33,434,000, to re- to accounts and in amounts as necessary to sat- the Department of the Treasury, including ma- main available until expended. isfy the requirements of the Department’s of- terials and support costs of Federal law enforce- INTERAGENCY LAW ENFORCEMENT fices, bureaus, and other organizations: Pro- ment basic training; purchase (not to exceed 52 INTERAGENCY CRIME AND DRUG ENFORCEMENT vided further, That this transfer authority shall for police-type use, without regard to the gen- For expenses necessary to conduct investiga- be in addition to any other transfer authority eral purchase price limitation) and hire of pas- tions and convict offenders involved in orga- provided in this Act: Provided further, That senger motor vehicles; for expenses for student nized crime drug trafficking, including coopera- none of the funds appropriated shall be used to athletic and related activities; uniforms without tive efforts with State and local law enforce- support or supplement the Internal Revenue regard to the general purchase price limitation ment, as it relates to the Treasury Department Service appropriations for Information Systems. for the current fiscal year; the conducting of law enforcement violations such as money laun- OFFICE OF INSPECTOR GENERAL and participating in firearms matches and pres- dering, violent crime, and smuggling, entation of awards; for public awareness and $106,965,000, of which $7,827,000 shall remain SALARIES AND EXPENSES enhancing community support of law enforce- available until expended. For necessary expenses of the Office of In- ment training; not to exceed $11,500 for official FINANCIAL MANAGEMENT SERVICE spector General in carrying out the provisions of reception and representation expenses; room SALARIES AND EXPENSES the Inspector General Act of 1978, as amended, and board for student interns; and services as not to exceed $2,000,000 for official travel ex- authorized by 5 U.S.C. 3109, $106,317,000, of For necessary expenses of the Financial Man- penses, including hire of passenger motor vehi- which $650,000 shall be available for an inter- agement Service, $212,316,000, of which not to cles; and not to exceed $100,000 for unforeseen agency effort to establish written standards on exceed $9,220,000 shall remain available until emergencies of a confidential nature, to be allo- accreditation of Federal law enforcement train- September 30, 2004, for information systems mod- cated and expended under the direction of the ing; and of which up to $17,166,000 for materials ernization initiatives; and of which not to ex- Inspector General of the Treasury, $35,150,000. and support costs of Federal law enforcement ceed $2,500 shall be available for official recep- tion and representation expenses. TREASURY INSPECTOR GENERAL FOR TAX basic training shall remain available until Sep- BUREAU OF ALCOHOL, TOBACCO AND FIREARMS ADMINISTRATION tember 30, 2004, and of which up to 20 percent of the $17,166,000 also shall be available for SALARIES AND EXPENSES SALARIES AND EXPENSES travel, room and board costs for participating For necessary expenses of the Bureau of Alco- For necessary expenses of the Treasury In- agency basic training during the first quarter of hol, Tobacco and Firearms, including purchase spector General for Tax Administration in car- a fiscal year, subject to full reimbursement by of not to exceed 812 vehicles for police-type use, rying out the Inspector General Act of 1978, as the benefitting agency: Provided, That the Cen- of which 650 shall be for replacement only, and amended, including purchase (not to exceed 150 ter is authorized to accept and use gifts of prop- hire of passenger motor vehicles; hire of aircraft; for replacement only for police-type use) and erty, both real and personal, and to accept serv- services of expert witnesses at such rates as may hire of passenger motor vehicles (31 U.S.C. ices, for authorized purposes, including funding be determined by the Director; for payment of 1343(b)); services authorized by 5 U.S.C. 3109, at of a gift of intrinsic value which shall be award- per diem and/or subsistence allowances to em- such rates as may be determined by the Inspec- ed annually by the Director of the Center to the ployees where a major investigative assignment tor General for Tax Administration; not to ex- outstanding student who graduated from a basic requires an employee to work 16 hours or more ceed $6,000,000 for official travel expenses; and training program at the Center during the pre- per day or to remain overnight at his or her post not to exceed $500,000 for unforeseen emer- vious fiscal year, which shall be funded only by of duty; not to exceed $20,000 for official recep- gencies of a confidential nature, to be allocated gifts received through the Center’s gift author- tion and representation expenses; for training of and expended under the direction of the Inspec- ity: Provided further, That notwithstanding any State and local law enforcement agencies with tor General for Tax Administration, $123,799,000. other provision of law, students attending train- or without reimbursement, including training in

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9663 connection with the training and acquisition of less than $100,000 shall be available to promote (5) is reviewed by the General Accounting Of- canines for explosives and fire accelerants detec- public awareness of the child pornography fice: Provided further, That none of the funds tion; not to exceed $50,000 for cooperative re- tipline; of which not less than $200,000 shall be appropriated under this heading may be obli- search and development programs for Labora- available for Project Alert; of which not less gated for the Automated Commercial Environ- tory Services and Fire Research Center activi- than $1,000,000 shall be provided to develop a ment until that expenditure plan has been ap- ties; and provision of laboratory assistance to curriculum for the training of law enforcement proved by the Committee on Appropriations. State and local agencies, with or without reim- dogs to combat and respond to terrorist activi- BUREAU OF THE PUBLIC DEBT bursement, $821,421,000, of which $3,500,000 ties specifically related to chemical and biologi- ADMINISTERING THE PUBLIC DEBT shall be available for retrofitting and upgrades cal threats; not to exceed $5,000,000 shall be For necessary expenses connected with any of the National Tracing Center Facility in Mar- available until expended for conducting special public-debt issues of the United States, tinsburg, West Virginia; of which not to exceed operations pursuant to 19 U.S.C. 2081; not to ex- $191,718,000, of which not to exceed $15,000 shall $1,000,000 shall be available for the payment of ceed $8,000,000 shall be available until expended be available for official reception and represen- attorneys’ fees as provided by 18 U.S.C. for the procurement of automation infrastruc- tation expenses, and of which not to exceed 924(d)(2); of which up to $2,000,000 shall be ture items, including hardware, software, and $2,000,000 shall remain available until expended available for the equipping of any vessel, vehi- installation; and not to exceed $5,000,000 shall for systems modernization: Provided, That the cle, equipment, or aircraft available for official be available until expended for repairs to Cus- sum appropriated herein from the General Fund use by a State or local law enforcement agency toms facilities: Provided, That uniforms may be for fiscal year 2002 shall be reduced by not more if the conveyance will be used in joint law en- purchased without regard to the general pur- than $4,400,000 as definitive security issue fees forcement operations with the Bureau of Alco- chase price limitation for the current fiscal year: and Treasury Direct Investor Account Mainte- hol, Tobacco and Firearms and for the payment Provided further, That notwithstanding any nance fees are collected, so as to result in a final of overtime salaries including Social Security other provision of law, the fiscal year aggregate fiscal year 2002 appropriation from the General and Medicare, travel, fuel, training, equipment, overtime limitation prescribed in subsection Fund estimated at $187,318,000. In addition, supplies, and other similar costs of State and 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. $40,000, to be derived from the Oil Spill Liability local law enforcement personnel, including 261 and 267) shall be $30,000. Trust Fund to reimburse the Bureau for admin- sworn officers and support personnel, that are HARBOR MAINTENANCE FEE COLLECTION istrative and personnel expenses for financial incurred in joint operations with the Bureau of (INCLUDING TRANSFER OF FUNDS) management of the Fund, as authorized by sec- Alcohol, Tobacco and Firearms, and of which For administrative expenses related to the col- tion 1012 of Public Law 101–380; and in addi- $16,000,000, to remain available until expended, lection of the Harbor Maintenance Fee, pursu- tion, to be appropriated from the General Fund, shall be available for disbursements through ant to Public Law 103–182, $3,000,000, to be de- such sums as may be necessary for administra- grants, cooperative agreements or contracts to rived from the Harbor Maintenance Trust Fund tive expenses in association with the South Da- local governments for Gang Resistance Edu- and to be transferred to and merged with the kota Trust Fund and the Cheyenne River Sioux cation and Training: Provided, That no funds Customs ‘‘Salaries and Expenses’’ account for Tribe Terrestrial Wildlife Restoration and Lower made available by this or any other Act may be such purposes. Brule Sioux Tribe Terrestrial Restoration Trust used to transfer the functions, missions, or ac- OPERATION, MAINTENANCE AND PROCUREMENT, Fund, as authorized by sections 603(f) and 604(f) tivities of the Bureau of Alcohol, Tobacco and AIR AND MARINE INTERDICTION PROGRAMS of Public Law 106–53. Firearms to other agencies or Departments in For expenses, not otherwise provided for, nec- INTERNAL REVENUE SERVICE fiscal year 2002: Provided further, That no essary for the operation and maintenance of funds appropriated herein shall be available for marine vessels, aircraft, and other related equip- PROCESSING, ASSISTANCE, AND MANAGEMENT salaries or administrative expenses in connec- ment of the Air and Marine Programs, including For necessary expenses of the Internal Rev- tion with consolidating or centralizing, within operational training and mission-related travel, enue Service for pre-filing taxpayer assistance the Department of the Treasury, the records, or and rental payments for facilities occupied by and education, filing and account services, any portion thereof, of acquisition and disposi- the air or marine interdiction and demand re- shared services support, general management tion of firearms maintained by Federal firearms duction programs, the operations of which in- and administration; and services as authorized licensees: Provided further, That no funds ap- clude the following: the interdiction of narcotics by 5 U.S.C. 3109, at such rates as may be deter- propriated herein shall be used to pay adminis- and other goods; the provision of support to mined by the Commissioner, $3,786,347,000, of trative expenses or the compensation of any offi- Customs and other Federal, State, and local which up to $3,950,000 shall be for the Tax cer or employee of the United States to imple- agencies in the enforcement or administration of Counseling for the Elderly Program, of which ment an amendment or amendments to 27 CFR laws enforced by the Customs Service; and, at $8,000,000 shall be available for low-income tax- 178.118 or to change the definition of ‘‘Curios or the discretion of the Commissioner of Customs, payer clinic grants, and of which not to exceed relics’’ in 27 CFR 178.11 or remove any item from the provision of assistance to Federal, State, $25,000 shall be for official reception and rep- ATF Publication 5300.11 as it existed on Janu- and local agencies in other law enforcement and resentation expenses. ary 1, 1994: Provided further, That none of the emergency humanitarian efforts, $172,637,000, TAX LAW ENFORCEMENT funds appropriated herein shall be available to which shall remain available until expended: For necessary expenses of the Internal Rev- investigate or act upon applications for relief Provided, That no aircraft or other related enue Service for determining and establishing from Federal firearms disabilities under 18 equipment, with the exception of aircraft which tax liabilities; providing litigation support; con- U.S.C. 925(c): Provided further, That such funds is one of a kind and has been identified as ex- ducting criminal investigation and enforcement shall be available to investigate and act upon cess to Customs requirements and aircraft which activities; securing unfiled tax returns; col- applications filed by corporations for relief from has been damaged beyond repair, shall be trans- lecting unpaid accounts; conducting a document Federal firearms disabilities under 18 U.S.C. ferred to any other Federal agency, department, matching program; resolving taxpayer problems 925(c): Provided further, That no funds under or office outside of the Department of the Treas- through prompt identification, referral and set- this Act may be used to electronically retrieve ury, during fiscal year 2002 without the prior tlement; compiling statistics of income and con- information gathered pursuant to 18 U.S.C. approval of the Committee on Appropriations. ducting compliance research; purchase (for po- 923(g)(4) by name or any personal identification AUTOMATION MODERNIZATION lice-type use, not to exceed 850) and hire of pas- code. For expenses not otherwise provided for Cus- senger motor vehicles (31 U.S.C. 1343(b)); and UNITED STATES CUSTOMS SERVICE toms automated systems, $357,832,000, to remain services as authorized by 5 U.S.C. 3109, at such SALARIES AND EXPENSES available until expended, of which $5,400,000 rates as may be determined by the Commis- For necessary expenses of the United States shall be for the International Trade Data Sys- sioner, $3,535,198,000, of which not to exceed Customs Service, including purchase and lease tem, and not less than $230,000,000 shall be for $1,000,000 shall remain available until September of up to 1,050 motor vehicles of which 550 are for the development of the Automated Commercial 30, 2004, for research. replacement only and of which 1,030 are for po- Environment: Provided, That none of the funds EARNED INCOME TAX CREDIT COMPLIANCE lice-type use and commercial operations; hire of appropriated under this heading may be obli- INITIATIVE motor vehicles; contracting with individuals for gated for the Automated Commercial Environ- For funding essential earned income tax credit personal services abroad; not to exceed $40,000 ment until the United States Customs Service compliance and error reduction initiatives pur- for official reception and representation ex- prepares and submits to the Committee on Ap- suant to section 5702 of the Balanced Budget penses; and awards of compensation to inform- propriations a plan for expenditure that: (1) Act of 1997 (Public Law 105–33), $146,000,000, of ers, as authorized by any Act enforced by the meets the capital planning and investment con- which not to exceed $10,000,000 may be used to United States Customs Service, $2,022,453,000, of trol review requirements established by the Of- reimburse the Social Security Administration for which such sums as become available in the fice of Management and Budget, including the costs of implementing section 1090 of the Customs User Fee Account, except sums subject OMB Circular A–11, part 3; (2) complies with Taxpayer Relief Act of 1997. to section 13031(f)(3) of the Consolidated Omni- the United States Customs Service’s Enterprise INFORMATION SYSTEMS bus Budget Reconciliation Act of 1985, as Information Systems Architecture; (3) complies For necessary expenses of the Internal Rev- amended (19 U.S.C. 58c(f)(3)), shall be derived with the acquisition rules, requirements, guide- enue Service for information systems and tele- from that Account; of the total, not to exceed lines, and systems acquisition management communications support, including develop- $150,000 shall be available for payment for rent- practices of the Federal Government; (4) is re- mental information systems and operational in- al space in connection with preclearance oper- viewed and approved by the Customs Investment formation systems; the hire of passenger motor ations; not to exceed $4,000,000 shall be avail- Review Board, the Department of the Treasury, vehicles (31 U.S.C. 1343(b)); and services as au- able until expended for research; of which not and the Office of Management and Budget; and thorized by 5 U.S.C. 3109, at such rates as may

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9664 CONGRESSIONAL RECORD — SENATE September 21, 2001 be determined by the Commissioner, is obtained in advance from the Committees on transfer may increase or decrease any such ap- $1,563,249,000 which shall remain available until Appropriations; for research and development; propriation by more than 2 percent. September 30, 2003. for making grants to conduct behavioral re- SEC. 116. Of the funds available for the pur- BUSINESS SYSTEMS MODERNIZATION search in support of protective research and op- chase of law enforcement vehicles, no funds may For necessary expenses of the Internal Rev- erations; not to exceed $25,000 for official recep- be obligated until the Secretary of the Treasury enue Service, $419,593,000, to remain available tion and representation expenses; not to exceed certifies that the purchase by the respective until September 30, 2004, for the capital asset ac- $100,000 to provide technical assistance and Treasury bureau is consistent with Depart- quisition of information technology systems, in- equipment to foreign law enforcement organiza- mental vehicle management principles: Pro- cluding management and related contractual tions in counterfeit investigations; for payment vided, That the Secretary may delegate this au- costs of said acquisitions, including contractual in advance for commercial accommodations as thority to the Assistant Secretary for Manage- costs associated with operations authorized by 5 may be necessary to perform protective func- ment. U.S.C. 3109: Provided, That none of these funds tions; and for uniforms without regard to the SEC. 117. The Secretary of the Treasury may may be obligated until the Internal Revenue general purchase price limitation for the current transfer funds from ‘‘Salaries and Expenses’’, Service submits to the Committees on Appropria- fiscal year, $899,615,000, of which $1,633,000 Financial Management Service, to the Debt tions, and such Committees approve, a plan for shall be available for forensic and related sup- Services Account as necessary to cover the costs expenditure that (1) meets the capital planning port of investigations of missing and exploited of debt collection: Provided, That such amounts and investment control review requirements es- children, and of which $2,554,000 shall be avail- shall be reimbursed to such Salaries and Ex- tablished by the Office of Management and able as a grant for activities related to the inves- penses account from debt collections received in Budget, including Circular A–11, part 34; (2) tigations of exploited children and shall remain the Debt Services Account. complies with the Internal Revenue Service’s en- available until expended: Provided, That up to SEC. 118. Funds appropriated by this Act, or terprise architecture, including the moderniza- $18,000,000 provided for protective travel shall made available by the transfer of funds in this tion blueprint; (3) conforms with the Internal remain available until September 30, 2003. Act, for intelligence and intelligence-related ac- Revenue Service’s enterprise life cycle method- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, tivities of the Department of the Treasury are ology; (4) is approved by the Internal Revenue AND RELATED EXPENSES deemed to be specifically authorized by the Con- Service, the Department of the Treasury, and For necessary expenses of construction, re- gress for purposes of section 504 of the National the Office of Management and Budget; (5) has pair, alteration, and improvement of facilities, Security Act of 1947 (50 U.S.C. 414) during fiscal been reviewed by the General Accounting Office; $3,352,000, to remain available until expended. year 2002 until enactment of the Intelligence Authorization Act for fiscal year 2002. and (6) complies with the acquisition rules, re- GENERAL PROVISIONS—DEPARTMENT OF THE SEC. 119. Section 122 of Public Law 105–119, as quirements, guidelines, and systems acquisition TREASURY management practices of the Federal Govern- amended by Public Law 105–277, is further SEC. 110. Any obligation or expenditure by the amended in paragraph (g)(1), by striking ‘‘three ment. Secretary of the Treasury in connection with ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE years’’ and inserting ‘‘four years’’; and by strik- law enforcement activities of a Federal agency ing ‘‘, the United States Customs Service, and SERVICE or a Department of the Treasury law enforce- SEC. 101. Not to exceed 5 percent of any ap- the United States Secret Service’’. ment organization in accordance with 31 U.S.C. SEC. 120. None of the funds appropriated or propriation made available in this Act to the In- 9703(g)(4)(B) from unobligated balances remain- ternal Revenue Service may be transferred to otherwise made available by this or any other ing in the Fund on September 30, 2002, shall be Act may be used by the United States Mint to any other Internal Revenue Service appropria- made in compliance with reprogramming guide- tion upon the advance approval of the Commit- construct or operate any museum without the lines. explicit approval of the House Committee on Fi- tees on Appropriations. SEC. 111. Appropriations to the Department of SEC. 102. The Internal Revenue Service shall nancial Services and the Senate Committee on the Treasury in this Act shall be available for Banking, Housing, and Urban Affairs. maintain a training program to ensure that In- uniforms or allowances therefor, as authorized SEC. 121. None of the funds appropriated or ternal Revenue Service employees are trained in by law (5 U.S.C. 5901), including maintenance, taxpayers’ rights, in dealing courteously with made available by this Act may be used for the repairs, and cleaning; purchase of insurance for production of Customs Declarations that do not the taxpayers, and in cross-cultural relations. official motor vehicles operated in foreign coun- SEC. 103. The Internal Revenue Service shall inquire whether the passenger had been in the tries; purchase of motor vehicles without regard institute and enforce policies and procedures proximity of livestock. to the general purchase price limitations for ve- that will safeguard the confidentiality of tax- This title may be cited as the ‘‘Treasury De- hicles purchased and used overseas for the cur- payer information. partment Appropriations Act, 2002’’. rent fiscal year; entering into contracts with the SEC. 104. Funds made available by this or any TITLE II—POSTAL SERVICE other Act to the Internal Revenue Service shall Department of State for the furnishing of health PAYMENT TO THE POSTAL SERVICE FUND be available for improved facilities and in- and medical services to employees and their de- creased manpower to provide sufficient and ef- pendents serving in foreign countries; and serv- For payment to the Postal Service Fund for fective 1–800 help line service for taxpayers. The ices authorized by 5 U.S.C. 3109. revenue forgone on free and reduced rate mail, SEC. 112. The funds provided to the Bureau of Commissioner shall continue to make the im- pursuant to subsections (c) and (d) of section Alcohol, Tobacco and Firearms for fiscal year provement of the Internal Revenue Service 1–800 2401 of title 39, United States Code, $76,619,000: 2002 in this Act for the enforcement of the Fed- help line service a priority and allocate re- Provided, That mail for overseas voting and eral Alcohol Administration Act shall be ex- sources necessary to increase phone lines and mail for the blind shall continue to be free: Pro- pended in a manner so as not to diminish en- staff to improve the Internal Revenue Service 1– vided further, That 6-day delivery and rural de- forcement efforts with respect to section 105 of 800 help line service. livery of mail shall continue at not less than the the Federal Alcohol Administration Act. 1983 level: Provided further, That none of the UNITED STATES SECRET SERVICE SEC. 113. Not to exceed 2 percent of any appro- funds made available to the Postal Service by SALARIES AND EXPENSES priations in this Act made available to the Fed- this Act shall be used to implement any rule, For necessary expenses of the United States eral Law Enforcement Training Center, Finan- regulation, or policy of charging any officer or Secret Service, including purchase of not to ex- cial Crimes Enforcement Network, Bureau of Al- employee of any State or local child support en- ceed 745 vehicles for police-type use, of which cohol, Tobacco and Firearms, United States forcement agency, or any individual partici- 541 shall be for replacement only, and hire of Customs Service, Interagency Crime and Drug pating in a State or local program of child sup- passenger motor vehicles; purchase of American- Enforcement, and United States Secret Service port enforcement, a fee for information re- made side-car compatible motorcycles; hire of may be transferred between such appropriations quested or provided concerning an address of a aircraft; training and assistance requested by upon the advance approval of the Committees postal customer: Provided further, That none of State and local governments, which may be pro- on Appropriations. No transfer may increase or the funds provided in this Act shall be used to vided without reimbursement; services of expert decrease any such appropriation by more than 2 consolidate or close small rural and other small witnesses at such rates as may be determined by percent. post offices in fiscal year 2002. the Director; rental of buildings in the District SEC. 114. Not to exceed 2 percent of any appro- This title may be cited as the ‘‘Postal Service of Columbia, and fencing, lighting, guard priations in this Act made available to the De- Appropriations Act, 2002’’. booths, and other facilities on private or other partmental Offices, Office of Inspector General, TITLE III—EXECUTIVE OFFICE OF THE property not in Government ownership or con- Treasury Inspector General for Tax Administra- PRESIDENT AND FUNDS APPROPRIATED trol, as may be necessary to perform protective tion, Financial Management Service, and Bu- TO THE PRESIDENT functions; for payment of per diem and/or sub- reau of the Public Debt, may be transferred be- sistence allowances to employees where a pro- tween such appropriations upon the advance COMPENSATION OF THE PRESIDENT AND THE tective assignment during the actual day or approval of the Committees on Appropriations. WHITE HOUSE OFFICE days of the visit of a protectee require an em- No transfer may increase or decrease any such COMPENSATION OF THE PRESIDENT ployee to work 16 hours per day or to remain appropriation by more than 2 percent. For compensation of the President, including overnight at his or her post of duty; the con- SEC. 115. Not to exceed 2 percent of any ap- an expense allowance at the rate of $50,000 per ducting of and participating in firearms propriation made available in this Act to the In- annum as authorized by 3 U.S.C. 102, $450,000: matches; presentation of awards; for travel of ternal Revenue Service may be transferred to Provided, That none of the funds made avail- Secret Service employees on protective missions the Treasury Inspector General for Tax Admin- able for official expenses shall be expended for without regard to the limitations on such ex- istration’s appropriation upon the advance ap- any other purpose and any unused amount penditures in this or any other Act if approval proval of the Committees on Appropriations. No shall revert to the Treasury pursuant to section

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9665 1552 of title 31, United States Code: Provided amount that has been reimbursed as of the date ceed $5,000,000 shall be available to carry out further, That none of the funds made available of the report: Provided further, That the Execu- the provisions of chapter 35 of title 44, United for official expenses shall be considered as tax- tive Residence shall maintain a system for the States Code, and of which not to exceed $3,000 able to the President. tracking of expenses related to reimbursable shall be available for official representation ex- SALARIES AND EXPENSES events within the Executive Residence that in- penses: Provided, That, as provided in 31 U.S.C. For necessary expenses for the White House as cludes a standard for the classification of any 1301(a), appropriations shall be applied only to authorized by law, including not to exceed such expense as political or nonpolitical: Pro- the objects for which appropriations were made $3,850,000 for services as authorized by 5 U.S.C. vided further, That no provision of this para- except as otherwise provided by law: Provided 3109 and 3 U.S.C. 105; subsistence expenses as graph may be construed to exempt the Executive further, That none of the funds appropriated in authorized by 3 U.S.C. 105, which shall be ex- Residence from any other applicable require- this Act for the Office of Management and pended and accounted for as provided in that ment of subchapter I or II of chapter 37 of title Budget may be used for the purpose of review- section; hire of passenger motor vehicles, news- 31, United States Code. ing any agricultural marketing orders or any papers, periodicals, teletype news service, and WHITE HOUSE REPAIR AND RESTORATION activities or regulations under the provisions of travel (not to exceed $100,000 to be expended and For the repair, alteration, and improvement of the Agricultural Marketing Agreement Act of accounted for as provided by 3 U.S.C. 103); and the Executive Residence at the White House, 1937 (7 U.S.C. 601 et seq.): Provided further, not to exceed $19,000 for official entertainment $8,625,000, to remain available until expended, That none of the funds made available for the expenses, to be available for allocation within of which $1,306,000 is for six projects for re- Office of Management and Budget by this Act the Executive Office of the President, quired maintenance, safety and health issues, may be expended for the altering of the tran- $54,165,000: Provided, That $10,740,000 of the and continued preventative maintenance; and script of actual testimony of witnesses, except funds appropriated shall be available for reim- of which $7,319,000 is for 3 projects for required for testimony of officials of the Office of Man- bursements to the White House Communications maintenance and continued preventative main- agement and Budget, before the Committees on Agency. tenance in conjunction with the General Serv- Appropriations or the Committees on Veterans’ EXECUTIVE RESIDENCE AT THE WHITE HOUSE ices Administration, the United States Secret Affairs or their subcommittees: Provided further, OPERATING EXPENSES Service, the Office of the President, and other That the preceding shall not apply to printed For the care, maintenance, repair and alter- agencies charged with the administration and hearings released by the Committees on Appro- ation, refurnishing, improvement, heating, and care of the White House. priations or the Committees on Veterans’ Af- fairs. lighting, including electric power and fixtures, SPECIAL ASSISTANCE TO THE PRESIDENT AND THE of the Executive Residence at the White House OFFICIAL RESIDENCE OF THE VICE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY and official entertainment expenses of the Presi- SALARIES AND EXPENSES SALARIES AND EXPENSES dent, $11,914,000, to be expended and accounted (INCLUDING TRANSFER OF FUNDS) for as provided by 3 U.S.C. 105, 109, 110, and For necessary expenses to enable the Vice 112–114. President to provide assistance to the President For necessary expenses of the Office of Na- in connection with specially assigned functions; REIMBURSABLE EXPENSES tional Drug Control Policy; for research activi- For the reimbursable expenses of the Execu- services as authorized by 5 U.S.C. 3109 and 3 ties pursuant to the Office of National Drug tive Residence at the White House, such sums as U.S.C. 106, including subsistence expenses as Control Policy Reauthorization Act of 1998 (title may be necessary: Provided, That all reimburs- authorized by 3 U.S.C. 106, which shall be ex- VII of division C of Public Law 105–277); not to able operating expenses of the Executive Resi- pended and accounted for as provided in that exceed $8,000 for official reception and represen- dence shall be made in accordance with the pro- section; and hire of passenger motor vehicles, tation expenses; and for participation in joint visions of this paragraph: Provided further, $3,896,000. projects or in the provision of services on mat- That, notwithstanding any other provision of OPERATING EXPENSES ters of mutual interest with nonprofit, research, law, such amount for reimbursable operating ex- (INCLUDING TRANSFER OF FUNDS) or public organizations or agencies, with or penses shall be the exclusive authority of the For the care, operation, refurnishing, im- without reimbursement, $25,096,000, of which Executive Residence to incur obligations and to provement, heating and lighting, including elec- $2,350,000 shall remain available until expended, receive offsetting collections, for such expenses: tric power and fixtures, of the official residence consisting of $1,350,000 for policy research and Provided further, That the Executive Residence of the Vice President; the hire of passenger evaluation, and $1,000,000 for the National Alli- shall require each person sponsoring a reimburs- motor vehicles; and not to exceed $90,000 for of- ance for Model State Drug Laws: Provided, able political event to pay in advance an ficial entertainment expenses of the Vice Presi- That the Office is authorized to accept, hold, amount equal to the estimated cost of the event, dent, to be accounted for solely on his certifi- administer, and utilize gifts, both real and per- and all such advance payments shall be credited cate, $314,000: Provided, That advances or re- sonal, public and private, without fiscal year to this account and remain available until ex- payments or transfers from this appropriation limitation, for the purpose of aiding or facili- pended: Provided further, That the Executive may be made to any department or agency for tating the work of the Office. Residence shall require the national committee expenses of carrying out such activities. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER of the political party of the President to main- COUNCIL OF ECONOMIC ADVISERS (INCLUDING TRANSFER OF FUNDS) tain on deposit $25,000, to be separately ac- SALARIES AND EXPENSES For necessary expenses for the Counterdrug counted for and available for expenses relating Technology Assessment Center for research ac- For necessary expenses of the Council of Eco- to reimbursable political events sponsored by tivities pursuant to the Office of National Drug nomic Advisers in carrying out its functions such committee during such fiscal year: Pro- Control Policy Reauthorization Act of 1998 (title under the Employment Act of 1946 (15 U.S.C. vided further, That the Executive Residence VII of division C of Public Law 105–277), 1021), $4,192,000. shall ensure that a written notice of any $42,000,000, which shall remain available until amount owed for a reimbursable operating ex- OFFICE OF POLICY DEVELOPMENT expended, consisting of $20,000,000 for counter- pense under this paragraph is submitted to the SALARIES AND EXPENSES narcotics research and development projects, person owing such amount within 60 days after For necessary expenses of the Office of Policy and $22,000,000 for the continued operation of such expense is incurred, and that such amount Development, including services as authorized the technology transfer program: Provided, is collected within 30 days after the submission by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,119,000. That the $20,000,000 for counter-narcotics re- of such notice: Provided further, That the Exec- NATIONAL SECURITY COUNCIL search and development projects shall be avail- utive Residence shall charge interest and assess able for transfer to other Federal departments or SALARIES AND EXPENSES penalties and other charges on any such agencies. For necessary expenses of the National Secu- amount that is not reimbursed within such 30 FEDERAL DRUG CONTROL PROGRAMS days, in accordance with the interest and pen- rity Council, including services as authorized by alty provisions applicable to an outstanding 5 U.S.C. 3109, $7,447,000. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM debt on a United States Government claim under OFFICE OF ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) section 3717 of title 31, United States Code: Pro- SALARIES AND EXPENSES vided further, That each such amount that is For necessary expenses of the Office of Ad- For necessary expenses of the Office of Na- reimbursed, and any accompanying interest and ministration, including services as authorized by tional Drug Control Policy’s High Intensity charges, shall be deposited in the Treasury as 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- Drug Trafficking Areas Program, $226,350,000 miscellaneous receipts: Provided further, That senger motor vehicles, $46,032,000, of which for drug control activities consistent with the the Executive Residence shall prepare and sub- $11,775,000 shall be available until September 30, approved strategy for each of the designated mit to the Committees on Appropriations, by not 2003 for a capital investment plan which pro- High Intensity Drug Trafficking Areas later than 90 days after the end of the fiscal vides for the continued modernization of the in- (HIDTA), of which $1,000,000 shall be for an ad- year covered by this Act, a report setting forth formation technology infrastructure. ditional amount for the Rocky Mountain the reimbursable operating expenses of the Exec- HIDTA; of which $1,750,000 shall be used for an utive Residence during the preceding fiscal year, OFFICE OF MANAGEMENT AND BUDGET additional amount for the Midwest HIDTA; of including the total amount of such expenses, the SALARIES AND EXPENSES which $1,000,000 shall be for an additional amount of such total that consists of reimburs- For necessary expenses of the Office of Man- amount for the Gulf Coast HIDTA; of which able official and ceremonial events, the amount agement and Budget, including hire of pas- $1,000,000 shall be for an additional amount for of such total that consists of reimbursable polit- senger motor vehicles and services as authorized the Hawaii HIDTA; of which $500,000 shall be ical events, and the portion of each such by 5 U.S.C. 3109, $70,519,000, of which not to ex- for an additional amount for the Milwaukee

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HIDTA; of which $500,000 shall be for an addi- FEDERAL LABOR RELATIONS AUTHORITY Maine: tional amount for the Philadelphia/Camden SALARIES AND EXPENSES Jackman, Border Station, $868,000 HIDTA; of which $1,000,000 shall be for an addi- For necessary expenses to carry out functions Maryland: tional amount for the Northwest HIDTA; of of the Federal Labor Relations Authority, pur- Montgomery County, FDA Consolidation, which $1,500,000 shall be for an additional suant to Reorganization Plan Numbered 2 of $19,060,000 Suitland, U.S. Census Bureau, $2,813,000 amount for the Southwest Border HIDTA; of 1978, and the Civil Service Reform Act of 1978, Suitland, National Oceanic and Atmospheric which $2,500,000 shall be used for a newly des- including services authorized by 5 U.S.C. 3109, Administration II, $34,083,000 ignated HIDTA in the State of Utah, of which including hire of experts and consultants, hire Massachusetts: not less than 51 percent shall be transferred to of passenger motor vehicles, and rental of con- State and local entities for drug control activi- Springfield, U.S. Courthouse, $6,473,000 ference rooms in the District of Columbia and Mississippi: ties, which shall be obligated within 120 days of elsewhere, $26,378,000: Provided, That public the date of the enactment of this Act: Provided, Gulfport, U.S. Courthouse, $3,000,000 members of the Federal Service Impasses Panel Jackson, Mississippi, $13,231,000 That up to 49 percent, to remain available until may be paid travel expenses and per diem in lieu September 30, 2003, may be transferred to Fed- Michigan: of subsistence as authorized by law (5 U.S.C. Detroit, Ambassador Bridge Border Station, eral agencies and departments at a rate to be 5703) for persons employed intermittently in the $9,470,000 determined by the Director: Provided further, Government service, and compensation as au- Montana: That, of this latter amount, not less than thorized by 5 U.S.C. 3109: Provided further, Raymond, Border Station, $693,000 $2,100,000 shall be used for auditing services and That notwithstanding 31 U.S.C. 3302, funds re- New Mexico: activities: Provided further, That HIDTAs des- ceived from fees charged to non-Federal partici- Las Cruces, U.S. Courthouse, $4,110,000 ignated as of September 30, 2001, shall be funded pants at labor-management relations con- New York: at no less than fiscal year 2001 levels unless the ferences shall be credited to and merged with Brooklyn, U.S. Courthouse Annex—GPO, Director submits to the Committees, and the this account, to be available without further ap- $3,361,000 Committees approve, justification for changes in propriation for the costs of carrying out these Buffalo, U.S. Courthouse Annex, $716,000 those levels based on clearly articulated prior- conferences. New York, U.S. Mission to the United Na- ities for the HIDTA program, as well as pub- GENERAL SERVICES ADMINISTRATION tions, $4,617,000 lished ONDCP performance measures of effec- Oregon: tiveness. REAL PROPERTY ACTIVITIES Eugene, U.S. Courthouse, $4,470,000 SPECIAL FORFEITURE FUND FEDERAL BUILDINGS FUND Pennsylvania: (INCLUDING TRANSFER OF FUNDS) LIMITATIONS ON AVAILABILITY OF REVENUE Erie, U.S. Courthouse Annex, $30,739,000 Tennessee: For activities to support a national anti-drug (INCLUDING TRANSFER OF FUNDS) Nashville, Courthouse, $20,700,000 campaign for youth, and for other purposes, au- To carry out the purpose of the Fund estab- thorized by Public Law 105–277, $249,400,000, to Texas: lished pursuant to section 210(f) of the Federal Del Rio III, Border Station, $1,869,000 remain available until expended, of which Property and Administrative Services Act of $185,000,000 shall be to support a national media Eagle Pass, Border Station, $2,256,000 1949, as amended (40 U.S.C. 490(f)), the revenues El Paso, U.S. Courthouse, $11,193,000 campaign, as authorized in the Drug-Free and collections deposited into the Fund shall be Media Campaign Act of 1998; of which $4,800,000 Fort Hancock, Border Station, $2,183,000 available for necessary expenses of real property Houston, Federal Bureau of Investigation, shall be made available no later than 30 days management and related activities not otherwise $6,268,000 after the enactment of this Act to the United provided for, including operation, maintenance, Utah: States Anti-Doping Agency for their anti-doping and protection of federally owned and leased Salt Lake City, Courthouse, $5,000,000 efforts; of which $50,600,000 shall be to continue buildings; rental of buildings in the District of Virginia: a program of matching grants to drug-free com- Columbia; restoration of leased premises; moving Norfolk, U.S. Courthouse Annex, $11,609,000 munities, as authorized in chapter 2 of the Na- governmental agencies (including space adjust- Nationwide: tional Narcotics Leadership Act of 1988, as ments and telecommunications relocation ex- Judgment Fund Repayment, $84,406,000 amended; of which $1,000,000 shall be available penses) in connection with the assignment, allo- Non-prospectus construction, $5,900,000: to the National Drug Court Institute; and of cation and transfer of space; contractual serv- Provided, That funding for any project identi- which $3,000,000 shall be for the Counterdrug ices incident to cleaning or servicing buildings, fied above may be exceeded to the extent that Intelligence Executive Secretariat: Provided, and moving; repair and alteration of federally savings are effected in other such projects, but That such funds may be transferred to other owned buildings including grounds, approaches not to exceed 10 percent of the amounts included Federal departments and agencies to carry out and appurtenances; care and safeguarding of in an approved prospectus, if required, unless such activities. sites; maintenance, preservation, demolition, advance notice is transmitted to the Committees UNANTICIPATED NEEDS and equipment; acquisition of buildings and on Appropriations of a greater amount: Pro- For expenses necessary to enable the Presi- sites by purchase, condemnation, or as other- vided further, That all funds for direct con- dent to meet unanticipated needs, in further- wise authorized by law; acquisition of options to struction projects shall expire on September 30, ance of the national interest, security, or de- purchase buildings and sites; conversion and ex- 2003, and remain in the Federal Buildings Fund fense which may arise at home or abroad during tension of federally owned buildings; prelimi- except for funds for projects as to which funds the current fiscal year, as authorized by 3 nary planning and design of projects by con- for design or other funds have been obligated in U.S.C. 108, $1,000,000. tract or otherwise; construction of new buildings whole or in part prior to such date; (2) This title may be cited as the ‘‘Executive Of- (including equipment for such buildings); and $844,880,000 shall remain available until ex- fice Appropriations Act, 2002’’. payment of principal, interest, and any other pended for repairs and alterations which in- TITLE IV—INDEPENDENT AGENCIES obligations for public buildings acquired by in- cludes associated design and construction serv- COMMITTEE FOR PURCHASE FROM PEOPLE WHO stallment purchase and purchase contract; in ices: Provided further, That funds in the Fed- ARE BLIND OR SEVERELY DISABLED the aggregate amount of $6,217,350,000, of which eral Buildings Fund for Repairs and Alterations SALARIES AND EXPENSES (1) $477,544,000 shall remain available until ex- shall, for prospectus projects, be limited to the For necessary expenses of the Committee for pended for construction (including funds for amount by project, as follows, except each Purchase From People Who Are Blind or Se- sites and expenses and associated design and project may be increased by an amount not to verely Disabled established by Public Law 92–28, construction services) of additional projects at exceed 10 percent unless advance notice is trans- $4,498,000. the following locations: mitted to the Committees on Appropriations of a New Construction: greater amount: FEDERAL ELECTION COMMISSION Alabama: Repairs and Alterations: SALARIES AND EXPENSES Mobile, U.S. Courthouse, $11,290,000 Alabama: For necessary expenses to carry out the provi- Arkansas: Montgomery, Frank M. Johnson, Jr. Federal sions of the Federal Election Campaign Act of Little Rock, U.S. Courthouse Annex, Building-Courthouse, $4,000,000 1971, as amended, $43,993,000, of which no less $5,022,000 California: than $4,453,000 shall be available for internal California: Laguna Niguel, Chet Holifield Federal Build- automated data processing systems, and of Fresno, U.S. Courthouse, $121,225,000 ing, $11,711,000 which not to exceed $5,000 shall be available for District of Columbia: San Diego, Edward J. Schwartz Federal reception and representation expenses of which Washington, U.S. Courthouse Annex, Building-U.S. Courthouse, $13,070,000 $2,000,000 shall be available for administering a $6,595,000 Colorado: program to award Federal matching grants to Washington, Southeast Federal Center Site Lakewood, Denver Federal Center, Building States and localities to improve election systems Remediation, $5,000,000 67, $8,484,000 and election administration and for making Florida: District of Columbia: such grants: Provided, That no funds for the Ft. Pierce, Courthouse, $4,314,000 Washington, 320 First Street, Federal Build- purpose of administering such program or for Miami, Courthouse, $15,282,000 ing, $8,260,000 making such grants shall be made available Illinois: Washington, Internal Revenue Service Main until the date of enactment of a statute author- Rockford, Courthouse, $4,933,000 Building, Phase 2, $20,391,000 izing the expenditure of funds for such a pur- Iowa: Washington, Main Interior Building, pose. Cedar Rapids, Courthouse, $14,795,000 $22,739,000

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9667 Washington, Main Justice Building, Phase 3, and (5) $1,748,949,000 for building operations after a proposed spending plan and justification $45,974,000 which shall remain available until expended: for each project to be undertaken has been sub- Florida: Provided further, That funds available to the mitted to the Senate Committee on Appropria- Jacksonville, Charles E. Bennett Federal General Services Administration shall not be tions. Building, $23,552,000 available for expenses of any construction, re- ALLOWANCES AND OFFICE STAFF FOR FORMER Tallahassee, U.S. Courthouse, $4,894,000 pair, alteration and acquisition project for PRESIDENTS Illinois: which a prospectus, if required by the Public (INCLUDING TRANSFER OF FUNDS) Chicago, Federal Building, 536 South Clark Buildings Act of 1959, as amended, has not been For carrying out the provisions of the Act of Street, $60,073,000 approved, except that necessary funds may be August 25, 1958, as amended (3 U.S.C. 102 note), Chicago, Harold Washington Social Security expended for each project for required expenses and Public Law 95–138, $3,376,000: Provided, Center, $13,692,000 for the development of a proposed prospectus: That the Administrator of General Services shall Chicago, John C. Kluczynski Federal Build- Provided further, That funds available in the transfer to the Secretary of the Treasury such ing, $12,725,000 Federal Buildings Fund may be expended for sums as may be necessary to carry out the provi- Iowa: emergency repairs when advance notice is trans- sions of such Acts. Des Moines, 210 Walnut Street, Federal Build- mitted to the Committees on Appropriations: GENERAL SERVICES ADMINISTRATION—GENERAL ing, $11,992,000 Provided further, That amounts necessary to PROVISIONS Missouri: provide reimbursable special services to other Kansas City, Federal Building, 811 Grand agencies under section 210(f)(6) of the Federal SEC. 401. The appropriate appropriation or Boulevard, $1,604,000 Property and Administrative Services Act of fund available to the General Services Adminis- St. Louis, Federal Building, 104/105 Good- 1949, as amended (40 U.S.C. 490(f)(6)) and tration shall be credited with the cost of oper- fellow, $20,212,000 amounts to provide such reimbursable fencing, ation, protection, maintenance, upkeep, repair, New Jersey: lighting, guard booths, and other facilities on and improvement, included as part of rentals re- Newark, Peter W. Rodino Federal Building, private or other property not in Government ceived from Government corporations pursuant $5,295,000 ownership or control as may be appropriate to to law (40 U.S.C. 129). Nevada: enable the United States Secret Service to per- SEC. 402. Funds available to the General Serv- Las Vegas, Foley Federal Building-U.S. form its protective functions pursuant to 18 ices Administration shall be available for the Courthouse, $26,978,000 U.S.C. 3056, shall be available from such reve- hire of passenger motor vehicles. Ohio: nues and collections: Provided further, That SEC. 403. Funds in the Federal Buildings Cleveland, Anthony J. Celebrezze Federal revenues and collections and any other sums ac- Fund made available for fiscal year 2002 for Building, $22,986,000 cruing to this Fund during fiscal year 2002, ex- Federal Buildings Fund activities may be trans- Cleveland, Howard M. Metzenbaum Court- cluding reimbursements under section 210(f)(6) ferred between such activities only to the extent house, $27,856,000 of the Federal Property and Administrative necessary to meet program requirements: Pro- Oklahoma: Services Act of 1949 (40 U.S.C. 490(f)(6)) in ex- vided, That any proposed transfers shall be ap- Muskogee, Federal Building-U.S. Courthouse, cess of $6,217,350,000 shall remain in the Fund proved in advance by the Committees on Appro- $8,214,000 and shall not be available for expenditure ex- priations. Oregon: SEC. 404. No funds made available by this Act cept as authorized in appropriations Acts. Portland, Pioneer Courthouse, $16,629,000 shall be used to transmit a fiscal year 2003 re- POLICY AND OPERATIONS Pennsylvania: quest for United States Courthouse construction For expenses authorized by law, not otherwise Pittsburgh, Post Office-Courthouse, that: (1) does not meet the design guide stand- provided for, for Government-wide policy and $12,600,000 ards for construction as established and ap- oversight activities associated with asset man- Rhode Island: proved by the General Services Administration, agement activities; utilization and donation of Providence, Federal Building and Courthouse, the Judicial Conference of the United States, surplus personal property; transportation; pro- $5,039,000 and the Office of Management and Budget; and curement and supply; Government-wide respon- Wisconsin: (2) does not reflect the priorities of the Judicial sibilities relating to automated data manage- Milwaukee, Federal Building-U.S. Court- Conference of the United States as set out in its ment, telecommunications, information re- house, $10,015,000 approved 5-year construction plan: Provided, sources management, and related technology ac- Nationwide: That the fiscal year 2003 request must be accom- tivities; utilization survey, deed compliance in- Design Program, $33,657,000 panied by a standardized courtroom utilization spection, appraisal, environmental and cultural Heating, Ventilation and Air Conditioning study of each facility to be constructed, re- analysis, and land use planning functions per- Modernization—Various Buildings, $6,650,000 placed, or expanded. taining to excess and surplus real property; Transformers—Various Buildings, $15,588,000 SEC. 405. None of the funds provided in this agency-wide policy direction; Board of Contract Basic Repairs and Alterations, $370,000,000: Act may be used to increase the amount of occu- Appeals; accounting, records management, and Provided further, That additional projects for piable square feet, provide cleaning services, se- other support services incident to adjudication which prospectuses have been fully approved curity enhancements, or any other service usu- of Indian Tribal Claims by the United States may be funded under this category only if ad- ally provided through the Federal Buildings Court of Federal Claims; services as authorized vance notice is transmitted to the Committees on Fund, to any agency that does not pay the rate by 5 U.S.C. 3109; and not to exceed $7,500 for of- Appropriations: Provided further, That the per square foot assessment for space and serv- ficial reception and representation expenses, amounts provided in this or any prior Act for ices as determined by the General Services Ad- $145,749,000, of which $27,887,000 shall remain ‘‘Repairs and Alterations’’ may be used to fund ministration in compliance with the Public available until expended. costs associated with implementing security im- Buildings Amendments Act of 1972 (Public Law provements to buildings necessary to meet the OFFICE OF INSPECTOR GENERAL 92–313). minimum standards for security in accordance For necessary expenses of the Office of In- SEC. 406. Funds provided to other Government with current law and in compliance with the re- spector General and services authorized by 5 agencies by the Information Technology Fund, programming guidelines of the appropriate Com- U.S.C. 3109, $36,025,000: Provided, That not to General Services Administration, under 40 mittees of the House and Senate: Provided fur- exceed $15,000 shall be available for payment for U.S.C. 757 and sections 5124(b) and 5128 of Pub- ther, That the difference between the funds ap- information and detection of fraud against the lic Law 104–106, Information Technology Man- propriated and expended on any projects in this Government, including payment for recovery of agement Reform Act of 1996, for performance of or any prior Act, under the heading ‘‘Repairs stolen Government property: Provided further, pilot information technology projects which and Alterations’’, may be transferred to Basic That not to exceed $2,500 shall be available for have potential for Governmentwide benefits and Repairs and Alterations or used to fund author- awards to employees of other Federal agencies savings, may be repaid to this Fund from any ized increases in prospectus projects: Provided and private citizens in recognition of efforts and savings actually incurred by these projects or further, That all funds for repairs and alter- initiatives resulting in enhanced Office of In- other funding, to the extent feasible. ations prospectus projects shall expire on Sep- spector General effectiveness. SEC. 407. From funds made available under tember 30, 2003, and remain in the Federal ELECTRONIC GOVERNMENT (E-GOV) FUND the heading ‘‘Federal Buildings Fund, Limita- Buildings Fund except funds for projects as to (INCLUDING TRANSFER OF FUNDS) tions on Availability of Revenue’’, claims which funds for design or other funds have been For necessary expenses in support of inter- against the Government of less than $250,000 obligated in whole or in part prior to such date: agency projects that enable the Federal Govern- arising from direct construction projects and ac- Provided further, That the amount provided in ment to expand its ability to conduct activities quisition of buildings may be liquidated from this or any prior Act for Basic Repairs and Al- electronically, through the development and im- savings effected in other construction projects terations may be used to pay claims against the plementation of innovative uses of the Internet with prior notification to the Committees on Ap- Government arising from any projects under the and other electronic methods, $5,000,000 to re- propriations. heading ‘‘Repairs and Alterations’’ or used to main available until expended: Provided, That SEC. 408. Section 408 of Public Law 106–554 is fund authorized increases in prospectus these funds may be transferred to Federal agen- amended by striking ‘‘April 30, 2002’’ and insert- projects; (3) $186,427,000 for installment acquisi- cies to carry out the purposes of the Fund: Pro- ing ‘‘September 30, 2002’’. tion payments including payments on purchase vided further, That this transfer authority shall SEC. 409. Notwithstanding any other provision contracts which shall remain available until ex- be in addition to any other transfer authority of law, the General Services Administration is pended; (4) $2,959,550,000 for rental of space provided in this Act: Provided further, That directed to maintain the vehicle rental rates and which shall remain available until expended; such transfers may not be made until 10 days per mile rates charged for buses used by schools

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9668 CONGRESSIONAL RECORD — SENATE September 21, 2001

and dormitories funded by the Bureau of Indian MORRIS K. UDALL SCHOLARSHIP AND EXCEL- the Ethics in Government Act of 1978, as amend- Affairs that were in effect on April 30, 2001 until LENCE IN NATIONAL ENVIRONMENTAL POLICY ed and the Ethics Reform Act of 1989, including such time as appropriations to the Bureau of In- FOUNDATION services as authorized by 5 U.S.C. 3109, rental of dian Affairs funding for the Student Transpor- MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE conference rooms in the District of Columbia tation Program for schools and dormitories IN NATIONAL ENVIRONMENTAL POLICY TRUST and elsewhere, hire of passenger motor vehicles, funded by the Bureau of Indian Affairs equals FUND and not to exceed $1,500 for official reception or exceeds $3 per mile. For payment to the Morris K. Udall Scholar- and representation expenses, $10,060,000. SEC. 410. DESIGNATION OF JUDGE BRUCE M. ship and Excellence in National Environmental OFFICE OF PERSONNEL MANAGEMENT VAN SICKLE FEDERAL BUILDING AND UNITED Policy Trust Fund, pursuant to the Morris K. SALARIES AND EXPENSES STATES COURTHOUSE. (a) The Federal building Udall Scholarship and Excellence in National (INCLUDING TRANSFER OF TRUST FUNDS) and courthouse located at 100 1st Street, SW, Environmental and Native American Public Pol- For necessary expenses to carry out functions Minot, North Dakota, shall be known and des- icy Act of 1992 (20 U.S.C. 5601 et seq.), of the Office of Personnel Management pursu- ignated as the ‘‘Judge Bruce M. Van Sickle Fed- $1,996,000, to remain available until expended: ant to Reorganization Plan Numbered 2 of 1978 eral Building and United States Courthouse’’. Provided, That up to 60 percent of such funds and the Civil Service Reform Act of 1978, includ- (b) Any reference in law, map, regulation, may be transferred by the Morris K. Udall ing services as authorized by 5 U.S.C. 3109; med- document, paper, or other record of the United Scholarship and Excellence in National Envi- ical examinations performed for veterans by pri- States to the Federal building and courthouse ronmental Policy Foundation for the necessary vate physicians on a fee basis; rental of con- referred to in section (a) shall be deemed to be expenses of the Native Nations Institute: Pro- ference rooms in the District of Columbia and a reference to the Judge Bruce M. Van Sickle vided further, That not later than 90 days after elsewhere; hire of passenger motor vehicles; not Federal Building and United States Courthouse. the date of the enactment of this Act, the Morris to exceed $2,500 for official reception and rep- SEC. 411. Section 410 of Appendix C of Public K. Udall Scholarship and Excellence in National resentation expenses; advances for reimburse- Law 106–554 (114 Stat. 2763A–146) is amended— Environmental Policy Foundation shall submit ments to applicable funds of the Office of Per- (1) by striking ‘‘a 125 foot wide right-of-way’’ to the Committee on Appropriations a report de- sonnel Management and the Federal Bureau of and inserting ‘‘up to a 125 foot wide right-of- scribing the distribution of such funds. way’’; Investigation for expenses incurred under Exec- ENVIRONMENTAL DISPUTE RESOLUTION FUND utive Order No. 10422 of January 9, 1953, as (2) by striking ‘‘northeast corner of the exist- For payment to the Environmental Dispute ing port’’ and inserting ‘‘southeast corner of the amended; and payment of per diem and/or sub- Resolution Fund to carry out activities author- sistence allowances to employees where Voting existing port’’; ized in the Environmental Policy and Conflict (3) striking ‘‘approximately 4,750 feet’’ and in- Rights Act activities require an employee to re- Resolution Act of 1998, $1,309,000, to remain serting ‘‘and then west to a connection with main overnight at his or her post of duty, available until expended. State Highway 11 between approximately 5,000 $99,036,000, of which $3,200,000 shall remain and 7,000 feet’’; NATIONAL ARCHIVES AND RECORDS available until expended for the cost of the gov- (4) by striking ‘‘a road to be built by the ADMINISTRATION ernmentwide human resources data network County of Luna, New Mexico to connect to’’; OPERATING EXPENSES project; and in addition $115,928,000 for adminis- (5) by striking ‘‘Provided further, That not- For necessary expenses in connection with the trative expenses, to be transferred from the ap- withstanding any other provision of law, Luna administration of the National Archives (includ- propriate trust funds of the Office of Personnel County shall construct the roadway from State ing the Information Security Oversight Office) Management without regard to other statutes, Highway 11 to the terminus of the northbound and archived Federal records and related activi- including direct procurement of printed mate- road to be constructed by the General Services ties, as provided by law, and for expenses nec- rials, for the retirement and insurance pro- Administration in time for completion of the essary for the review and declassification of grams, of which $21,777,000 shall remain avail- road to be constructed by the General Services documents, and for the hire of passenger motor able until expended for the cost of automating Administration in time for completion of the vehicles, $244,247,000: Provided, That the Archi- the retirement recordkeeping systems: Provided, road to be constructed by the General Services vist of the United States is authorized to use That the provisions of this appropriation shall Administration:’’; and any excess funds available from the amount bor- not affect the authority to use applicable trust (6) by striking ‘‘consisting of approximately 12 rowed for construction of the National Archives funds as provided by sections 8348(a)(1)(B), acres’’ and inserting ‘‘consisting of approxi- facility, for expenses necessary to provide ade- 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, mately 10.22 acres’’. quate storage for holdings: Provided further, United States Code: Provided further, That no SEC. 412. Notwithstanding any other provision That of the funds made available, $23,302,000 is part of this appropriation shall be available for of law, the United States Government is directed for the electronic records archive, $16,337,000 of salaries and expenses of the Legal Examining to deed block four (4) of the LOCH HAVEN which shall be available until September 30, Unit of the Office of Personnel Management es- REPLAT, as recorded in Plat Book ‘‘Q’’, Page 2004. tablished pursuant to Executive Order No. 9358 9, Public Records of Orange County, Florida, REPAIRS AND RESTORATION of July 1, 1943, or any successor unit of like pur- back to the City of Orlando, Florida, under the For the repair, alteration, and improvement of pose: Provided further, That the President’s same terms that the land was deeded to the archives facilities, and to provide adequate stor- Commission on White House Fellows, estab- United States Government by the City of Or- age for holdings, $41,143,000, to remain available lished by Executive Order No. 11183 of October lando in the recorded deed from the City dated until expended: Provided, That the Archivist of 3, 1964, may, during fiscal year 2002, accept do- September 20, 1951. the United States is authorized, pursuant to 44 nations of money, property, and personal serv- SEC. 413. DESIGNATION OF G. ROSS ANDERSON, U.S.C. 2903, to construct a new Southeast Re- ices in connection with the development of a JR. FEDERAL BUILDING AND UNITED STATES gional Archives on land to be acquired (Federal publicity brochure to provide information about COURTHOUSE. (a) The Federal building and site), by direct payment or the provision of site the White House Fellows, except that no such courthouse located at 315 S. McDuffie Street, improvements, from the State of Georgia or donations shall be accepted for travel or reim- Anderson, South Carolina, shall be known and Clayton County or some other governmental au- bursement of travel expenses, or for the salaries designated as the ‘‘G. Ross Anderson, Jr. Fed- thority thereof; such Federal site to be located of employees of such Commission. eral Building and United States Courthouse’’. near the campus of Clayton College and State OFFICE OF INSPECTOR GENERAL (b) Any reference in a law, map, regulation, University in Clayton County, Georgia, and SALARIES AND EXPENSES document, paper, or other record of the United abut land designated for construction of the (INCLUDING TRANSFER OF TRUST FUNDS) States to the Federal building and courthouse Georgia State Archives facility, with both archi- For necessary expenses of the Office of In- referred to in subsection (a) shall be deemed to val facilities co-located on a combined site. spector General in carrying out the provisions of be a reference to the G. Ross Anderson, Jr. Fed- There is hereby appropriated $30,500,000 which the Inspector General Act, as amended, includ- eral Building and United States Courthouse. shall be available until expended to be used for ing services as authorized by 5 U.S.C. 3109, hire acquiring the Federal site, construction, and re- MERIT SYSTEMS PROTECTION BOARD of passenger motor vehicles, $1,398,000; and in lated services for building the new Federal ar- SALARIES AND EXPENSES addition, not to exceed $10,016,000 for adminis- chival facility, other related costs for improve- (INCLUDING TRANSFER OF FUNDS) trative expenses to audit, investigate, and pro- ment of the combined site which may also indi- vide other oversight of the Office of Personnel For necessary expenses to carry out functions rectly benefit the Georgia State Archives facil- Management’s retirement and insurance pro- of the Merit Systems Protection Board pursuant ity, and other necessary expenses. to Reorganization Plan Numbered 2 of 1978 and grams, to be transferred from the appropriate NATIONAL HISTORICAL PUBLICATIONS AND the Civil Service Reform Act of 1978, including trust funds of the Office of Personnel Manage- RECORDS COMMISSION services as authorized by 5 U.S.C. 3109, rental of ment, as determined by the Inspector General: conference rooms in the District of Columbia GRANTS PROGRAM Provided, That the Inspector General is author- and elsewhere, hire of passenger motor vehicles, For necessary expenses for allocations and ized to rent conference rooms in the District of and direct procurement of survey printing, grants for historical publications and records as Columbia and elsewhere. $30,375,000 together with not to exceed $2,520,000 authorized by 44 U.S.C. 2504, as amended, GOVERNMENT PAYMENT FOR ANNUITANTS, for administrative expenses to adjudicate retire- $6,436,000, to remain available until expended. EMPLOYEES HEALTH BENEFITS ment appeals to be transferred from the Civil OFFICE OF GOVERNMENT ETHICS For payment of Government contributions Service Retirement and Disability Fund in SALARIES AND EXPENSES with respect to retired employees, as authorized amounts determined by the Merit Systems Pro- For necessary expenses to carry out functions by chapter 89 of title 5, United States Code, and tection Board. of the Office of Government Ethics pursuant to the Retired Federal Employees Health Benefits

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9669 Act (74 Stat. 849), as amended, such sums as than 1 year, made application for restoration to ernment Reform of the House of Representatives may be necessary. his former position and has been certified by the that: (1) evaluates, for each agency, the extent GOVERNMENT PAYMENT FOR ANNUITANTS, Office of Personnel Management as still quali- to which implementation of chapter 35 of title EMPLOYEE LIFE INSURANCE fied to perform the duties of his former position 31, United States Code, as amended by the Pa- For payment of Government contributions and has not been restored thereto. perwork Reduction Act of 1995 (Public Law 104– with respect to employees retiring after Decem- SEC. 506. No funds appropriated pursuant to 13), has reduced burden imposed by rules issued ber 31, 1989, as required by chapter 87 of title 5, this Act may be expended by an entity unless by the agency, including the burden imposed by United States Code, such sums as may be nec- the entity agrees that in expending the assist- each major rule issued by the agency; (2) in- essary. ance the entity will comply with sections 2 cludes a determination, based on such evalua- through 4 of the Act of March 3, 1933 (41 U.S.C. PAYMENT TO CIVIL SERVICE RETIREMENT AND tion, of the need for additional procedures to 10a–10c, popularly known as the ‘‘Buy Amer- DISABILITY FUND ensure achievement of the purposes of that ican Act’’). For financing the unfunded liability of new chapter, as set forth in section 3501 of title 31, SEC. 507. (a) PURCHASE OF AMERICAN-MADE and increased annuity benefits becoming effec- United States Code, and evaluates the burden EQUIPMENT AND PRODUCTS.—In the case of any imposed by each major rule that imposes more tive on or after October 20, 1969, as authorized equipment or products that may be authorized by 5 U.S.C. 8348, and annuities under special than 10,000,000 hours of burden, and identifies to be purchased with financial assistance pro- specific reductions expected to be achieved in Acts to be credited to the Civil Service Retire- vided under this Act, it is the sense of the Con- ment and Disability Fund, such sums as may be each of fiscal years 2002 and 2003 in the burden gress that entities receiving such assistance imposed by all rules issued by each agency that necessary: Provided, That annuities authorized should, in expending the assistance, purchase by the Act of May 29, 1944, as amended, and the issued such a major rule. only American-made equipment and products. SEC. 514. (a) PROHIBITION OF FEDERAL AGEN- Act of August 19, 1950, as amended (33 U.S.C. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In CY MONITORING OF PERSONAL INFORMATION ON 771–775), may hereafter be paid out of the Civil providing financial assistance under this Act, USE OF INTERNET.—None of the funds made Service Retirement and Disability Fund. the Secretary of the Treasury shall provide to available in the Treasury and General Govern- OFFICE OF SPECIAL COUNSEL each recipient of the assistance a notice describ- ment Appropriations Act, 2002 may be used by SALARIES AND EXPENSES ing the statement made in subsection (a) by the any Federal agency— For necessary expenses to carry out functions Congress. (1) to collect, review, or create any aggregate of the Office of Special Counsel pursuant to Re- SEC. 508. If it has been finally determined by list, derived from any means, that includes the organization Plan Numbered 2 of 1978, the Civil a court or Federal agency that any person in- collection of any personally identifiable infor- Service Reform Act of 1978 (Public Law 95–454), tentionally affixed a label bearing a ‘‘Made in mation relating to an individual’s access to or the Whistleblower Protection Act of 1989 (Public America’’ inscription, or any inscription with use of any Federal government Internet site of Law 101–12), Public Law 103–424, and the Uni- the same meaning, to any product sold in or the agency; or formed Services Employment and Reemployment shipped to the United States that is not made in (2) to enter into any agreement with a third Act of 1994 (Public Law 103–353), including serv- the United States, such person shall be ineligible party (including another government agency) to ices as authorized by 5 U.S.C. 3109, payment of to receive any contract or subcontract made collect, review, or obtain any aggregate list, de- fees and expenses for witnesses, rental of con- with funds provided pursuant to this Act, pur- rived from any means, that includes the collec- ference rooms in the District of Columbia and suant to the debarment, suspension, and ineligi- tion of any personally identifiable information elsewhere, and hire of passenger motor vehicles, bility procedures described in sections 9.400 relating to an individual’s access to or use of $11,784,000. through 9.409 of title 48, Code of Federal Regu- any nongovernmental Internet site. lations. (b) EXCEPTIONS.—The limitations established NITED TATES AX OURT U S T C SEC. 509. Except as otherwise specifically pro- in subsection (a) shall not apply to— SALARIES AND EXPENSES vided by law, not to exceed 50 percent of unobli- (1) any record of aggregate data that does not For necessary expenses, including contract re- gated balances remaining available at the end of identify particular persons; porting and other services as authorized by 5 fiscal year 2002 from appropriations made avail- (2) any voluntary submission of personally U.S.C. 3109, $37,305,000: Provided, That travel able for salaries and expenses for fiscal year identifiable information; expenses of the judges shall be paid upon the 2002 in this Act, shall remain available through (3) any action taken for law enforcement, reg- written certificate of the judge. September 30, 2003, for each such account for ulatory, or supervisory purposes, in accordance This title may be cited as the ‘‘Independent the purposes authorized: Provided, That a re- with applicable law; or Agencies Appropriations Act, 2002’’. quest shall be submitted to the Committees on (4) any action described in subsection (a)(1) that is a system security action taken by the op- TITLE V—GENERAL PROVISIONS Appropriations for approval prior to the expend- iture of such funds: Provided further, That erator of an Internet site and is necessarily inci- THIS ACT these requests shall be made in compliance with dent to the rendition of the Internet site services SEC. 501. No part of any appropriation con- reprogramming guidelines. or to the protection of the rights or property of tained in this Act shall remain available for ob- SEC. 510. None of the funds made available in the provider of the Internet site. (c) DEFINITIONS.—For the purposes of this sec- ligation beyond the current fiscal year unless this Act may be used by the Executive Office of tion: expressly so provided herein. the President to request from the Federal Bu- (1) The term ‘‘regulatory’’ means agency ac- SEC. 502. The expenditure of any appropria- reau of Investigation any official background tions to implement, interpret or enforce authori- tion under this Act for any consulting service investigation report on any individual, except through procurement contract, pursuant to 5 ties provided in law. when— (2) The term ‘‘supervisory’’ means examina- U.S.C. 3109, shall be limited to those contracts (1) such individual has given his or her ex- tions of the agency’s supervised institutions, in- where such expenditures are a matter of public press written consent for such request not more cluding assessing safety and soundness, overall record and available for public inspection, ex- than 6 months prior to the date of such request financial condition, management practices and cept where otherwise provided under existing and during the same presidential administra- policies and compliance with applicable stand- law, or under existing Executive order issued tion; or ards as provided in law. pursuant to existing law. (2) such request is required due to extraor- SEC. 503. None of the funds made available by dinary circumstances involving national secu- TITLE VI—GENERAL PROVISIONS this Act shall be available for any activity or for rity. DEPARTMENTS, AGENCIES, AND CORPORATIONS paying the salary of any Government employee SEC. 511. The cost accounting standards pro- SEC. 601. Funds appropriated in this or any where funding an activity or paying a salary to mulgated under section 26 of the Office of Fed- other Act may be used to pay travel to the a Government employee would result in a deci- eral Procurement Policy Act (Public Law 93–400; United States for the immediate family of em- sion, determination, rule, regulation, or policy 41 U.S.C. 422) shall not apply with respect to a ployees serving abroad in cases of death or life that would prohibit the enforcement of section contract under the Federal Employees Health threatening illness of said employee. 307 of the Tariff Act of 1930. Benefits Program established under chapter 89 SEC. 602. No department, agency, or instru- SEC. 504. None of the funds made available by of title 5, United States Code. mentality of the United States receiving appro- this Act shall be available in fiscal year 2002 for SEC. 512. For the purpose of resolving litiga- priated funds under this or any other Act for the purpose of transferring control over the Fed- tion and implementing any settlement agree- fiscal year 2002 shall obligate or expend any eral Law Enforcement Training Center located ments regarding the nonforeign area cost-of-liv- such funds, unless such department, agency, or at Glynco, Georgia, and Artesia, New Mexico, ing allowance program, the Office of Personnel instrumentality has in place, and will continue out of the Department of the Treasury. Management may accept and utilize (without to administer in good faith, a written policy de- SEC. 505. No part of any appropriation con- regard to any restriction on unanticipated trav- signed to ensure that all of its workplaces are tained in this Act shall be available to pay the el expenses imposed in an Appropriations Act) free from the illegal use, possession, or distribu- salary for any person filling a position, other funds made available to the Office pursuant to tion of controlled substances (as defined in the than a temporary position, formerly held by an court approval. Controlled Substances Act) by the officers and employee who has left to enter the Armed Forces SEC. 513. Not later than July 1, 2001, the Di- employees of such department, agency, or in- of the United States and has satisfactorily com- rector of the Office of Management and Budget strumentality. pleted his period of active military or naval shall submit a report to the Committee on Ap- SEC. 603. Unless otherwise specifically pro- service, and has within 90 days after his release propriations and the Committee on Govern- vided, the maximum amount allowable during from such service or from hospitalization con- mental Affairs of the Senate and the Committee the current fiscal year in accordance with sec- tinuing after discharge for a period of not more on Appropriations and the Committee on Gov- tion 16 of the Act of August 2, 1946 (60 Stat.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9670 CONGRESSIONAL RECORD — SENATE September 21, 2001 810), for the purchase of any passenger motor Public Buildings Amendments of 1972 (87 Stat. (1) during the period from the date of expira- vehicle (exclusive of buses, ambulances, law en- 216), or other applicable law. tion of the limitation imposed by section 613 of forcement, and undercover surveillance vehi- SEC. 607. In addition to funds provided in this the Treasury and General Government Appro- cles), is hereby fixed at $8,100 except station or any other Act, all Federal agencies are au- priations Act, 2001, until the normal effective wagons for which the maximum shall be $9,100: thorized to receive and use funds resulting from date of the applicable wage survey adjustment Provided, That these limits may be exceeded by the sale of materials, including Federal records that is to take effect in fiscal year 2002, in an not to exceed $3,700 for police-type vehicles, and disposed of pursuant to a records schedule re- amount that exceeds the rate payable for the by not to exceed $4,000 for special heavy-duty covered through recycling or waste prevention applicable grade and step of the applicable wage vehicles: Provided further, That the limits set programs. Such funds shall be available until schedule in accordance with such section 613; forth in this section may not be exceeded by expended for the following purposes: and more than 5 percent for electric or hybrid vehi- (1) Acquisition, waste reduction and preven- (2) during the period consisting of the remain- cles purchased for demonstration under the pro- tion, and recycling programs as described in Ex- der of fiscal year 2002, in an amount that ex- visions of the Electric and Hybrid Vehicle Re- ecutive Order No. 13101 (September 14, 1998), in- ceeds, as a result of a wage survey adjustment, search, Development, and Demonstration Act of cluding any such programs adopted prior to the the rate payable under paragraph (1) by more 1976: Provided further, That the limits set forth effective date of the Executive order. than the sum of— in this section may be exceeded by the incre- (2) Other Federal agency environmental man- (A) the percentage adjustment taking effect in mental cost of clean alternative fuels vehicles agement programs, including, but not limited to, fiscal year 2002 under section 5303 of title 5, acquired pursuant to Public Law 101–549 over the development and implementation of haz- United States Code, in the rates of pay under the cost of comparable conventionally fueled ve- ardous waste management and pollution pre- the General Schedule; and hicles. vention programs. (B) the difference between the overall average SEC. 604. Appropriations of the executive de- (3) Other employee programs as authorized by percentage of the locality-based comparability partments and independent establishments for law or as deemed appropriate by the head of the payments taking effect in fiscal year 2002 under the current fiscal year available for expenses of Federal agency. section 5304 of such title (whether by adjustment SEC. 608. Funds made available by this or any travel, or for the expenses of the activity con- or otherwise), and the overall average percent- other Act for administrative expenses in the cur- cerned, are hereby made available for quarters age of such payments which was effective in fis- rent fiscal year of the corporations and agencies allowances and cost-of-living allowances, in ac- cal year 2001 under such section. subject to chapter 91 of title 31, United States cordance with 5 U.S.C. 5922–5924. (b) Notwithstanding any other provision of Code, shall be available, in addition to objects SEC. 605. Unless otherwise specified during the law, no prevailing rate employee described in for which such funds are otherwise available, current fiscal year, no part of any appropria- subparagraph (B) or (C) of section 5342(a)(2) of for rent in the District of Columbia; services in tion contained in this or any other Act shall be title 5, United States Code, and no employee accordance with 5 U.S.C. 3109; and the objects used to pay the compensation of any officer or covered by section 5348 of such title, may be specified under this head, all the provisions of employee of the Government of the United paid during the periods for which subsection (a) which shall be applicable to the expenditure of States (including any agency the majority of the is in effect at a rate that exceeds the rates that such funds unless otherwise specified in the Act stock of which is owned by the Government of would be payable under subsection (a) were sub- the United States) whose post of duty is in the by which they are made available: Provided, That in the event any functions budgeted as ad- section (a) applicable to such employee. continental United States unless such person: (c) For the purposes of this section, the rates ministrative expenses are subsequently trans- (1) is a citizen of the United States; (2) is a per- payable to an employee who is covered by this ferred to or paid from other funds, the limita- son in the service of the United States on the section and who is paid from a schedule not in tions on administrative expenses shall be cor- date of the enactment of this Act who, being eli- existence on September 30, 2001, shall be deter- respondingly reduced. gible for citizenship, has filed a declaration of mined under regulations prescribed by the Of- intention to become a citizen of the United SEC. 609. No part of any appropriation for the current fiscal year contained in this or any fice of Personnel Management. States prior to such date and is actually resid- (d) Notwithstanding any other provision of ing in the United States; (3) is a person who other Act shall be paid to any person for the filling of any position for which he or she has law, rates of premium pay for employees subject owes allegiance to the United States; (4) is an to this section may not be changed from the alien from Cuba, Poland, South Vietnam, the been nominated after the Senate has voted not to approve the nomination of said person. rates in effect on September 30, 2001, except to countries of the former Soviet Union, or the Bal- SEC. 610. No part of any appropriation con- the extent determined by the Office of Personnel tic countries lawfully admitted to the United tained in this or any other Act shall be available Management to be consistent with the purpose States for permanent residence; (5) is a South for interagency financing of boards (except Fed- of this section. Vietnamese, Cambodian, or Laotian refugee pa- eral Executive Boards), commissions, councils, (e) This section shall apply with respect to roled in the United States after January 1, 1975; committees, or similar groups (whether or not pay for service performed after September 30, or (6) is a national of the People’s Republic of they are interagency entities) which do not have 2001. China who qualifies for adjustment of status a prior and specific statutory approval to re- (f) For the purpose of administering any pro- pursuant to the Chinese Student Protection Act ceive financial support from more than one vision of law (including any rule or regulation of 1992: Provided, That for the purpose of this agency or instrumentality. that provides premium pay, retirement, life in- section, an affidavit signed by any such person SEC. 611. Funds made available by this or any surance, or any other employee benefit) that re- shall be considered prima facie evidence that the other Act to the Postal Service Fund (39 U.S.C. quires any deduction or contribution, or that requirements of this section with respect to his 2003) shall be available for employment of imposes any requirement or limitation on the or her status have been complied with: Provided guards for all buildings and areas owned or oc- basis of a rate of salary or basic pay, the rate further, That any person making a false affi- cupied by the Postal Service and under the of salary or basic pay payable after the applica- davit shall be guilty of a felony, and, upon con- charge and control of the Postal Service, and tion of this section shall be treated as the rate viction, shall be fined no more than $4,000 or im- such guards shall have, with respect to such of salary or basic pay. prisoned for not more than 1 year, or both: Pro- property, the powers of special policemen pro- (g) Nothing in this section shall be considered vided further, That the above penal clause shall vided by the first section of the Act of June 1, to permit or require the payment to any em- be in addition to, and not in substitution for, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), ployee covered by this section at a rate in excess any other provisions of existing law: Provided and, as to property owned or occupied by the of the rate that would be payable were this sec- further, That any payment made to any officer Postal Service, the Postmaster General may take tion not in effect. or employee contrary to the provisions of this the same actions as the Administrator of Gen- (h) The Office of Personnel Management may section shall be recoverable in action by the eral Services may take under the provisions of provide for exceptions to the limitations imposed Federal Government. This section shall not sections 2 and 3 of the Act of June 1, 1948, as by this section if the Office determines that such apply to citizens of Ireland, Israel, or the Re- amended (62 Stat. 281; 40 U.S.C. 318a and 318b), exceptions are necessary to ensure the recruit- public of the Philippines, or to nationals of attaching thereto penal consequences under the ment or retention of qualified employees. those countries allied with the United States in authority and within the limits provided in sec- SEC. 614. During the period in which the head a current defense effort, or to international tion 4 of the Act of June 1, 1948, as amended (62 of any department or agency, or any other offi- broadcasters employed by the United States In- Stat. 281; 40 U.S.C. 318c). cer or civilian employee of the Government ap- formation Agency, or to temporary employment SEC. 612. None of the funds made available pointed by the President of the United States, of translators, or to temporary employment in pursuant to the provisions of this Act shall be holds office, no funds may be obligated or ex- the field service (not to exceed 60 days) as a re- used to implement, administer, or enforce any pended in excess of $5,000 to furnish or redeco- sult of emergencies. regulation which has been disapproved pursu- rate the office of such department head, agency SEC. 606. Appropriations available to any de- ant to a resolution of disapproval duly adopted head, officer, or employee, or to purchase fur- partment or agency during the current fiscal in accordance with the applicable law of the niture or make improvements for any such of- year for necessary expenses, including mainte- United States. fice, unless advance notice of such furnishing or nance or operating expenses, shall also be avail- SEC. 613. (a) Notwithstanding any other provi- redecoration is expressly approved by the Com- able for payment to the General Services Admin- sion of law, and except as otherwise provided in mittees on Appropriations. For the purposes of istration for charges for space and services and this section, no part of any of the funds appro- this section, the word ‘‘office’’ shall include the those expenses of renovation and alteration of priated for fiscal year 2002, by this or any other entire suite of offices assigned to the individual, buildings and facilities which constitute public Act, may be used to pay any prevailing rate em- as well as any other space used primarily by the improvements performed in accordance with the ployee described in section 5342(a)(2)(A) of title individual or the use of which is directly con- Public Buildings Act of 1959 (73 Stat. 749), the 5, United States Code— trolled by the individual.

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SEC. 615. Notwithstanding any other provision subcommittee of the Congress in connection with shall, at a minimum, require that the person will of law, no executive branch agency shall pur- any matter pertaining to the employment of not disclose any classified information received chase, construct, and/or lease any additional fa- such other officer or employee or pertaining to in the course of such activity unless specifically cilities, except within or contiguous to existing the department or agency of such other officer authorized to do so by the United States Gov- locations, to be used for the purpose of con- or employee in any way, irrespective of whether ernment. Such nondisclosure forms shall also ducting Federal law enforcement training with- such communication or contact is at the initia- make it clear that they do not bar disclosures to out the advance approval of the Committees on tive of such other officer or employee or in re- Congress or to an authorized official of an exec- Appropriations, except that the Federal Law sponse to the request or inquiry of such Member, utive agency or the Department of Justice that Enforcement Training Center is authorized to committee, or subcommittee; or are essential to reporting a substantial violation obtain the temporary use of additional facilities (2) removes, suspends from duty without pay, of law. by lease, contract, or other agreement for train- demotes, reduces in rank, seniority, status, pay, SEC. 623. No part of any funds appropriated ing which cannot be accommodated in existing or performance of efficiency rating, denies pro- in this or any other Act shall be used by an Center facilities. motion to, relocates, reassigns, transfers, dis- agency of the executive branch, other than for SEC. 616. Notwithstanding section 1346 of title ciplines, or discriminates in regard to any em- normal and recognized executive-legislative rela- 31, United States Code, or section 610 of this ployment right, entitlement, or benefit, or any tionships, for publicity or propaganda purposes, Act, funds made available for fiscal year 2002 by term or condition of employment of, any other and for the preparation, distribution or use of this or any other Act shall be available for the officer or employee of the Federal Government, any kit, pamphlet, booklet, publication, radio, interagency funding of national security and or attempts or threatens to commit any of the television or film presentation designed to sup- emergency preparedness telecommunications ini- foregoing actions with respect to such other offi- port or defeat legislation pending before the tiatives which benefit multiple Federal depart- cer or employee, by reason of any communica- Congress, except in presentation to the Congress ments, agencies, or entities, as provided by Ex- tion or contact of such other officer or employee itself. ecutive Order No. 12472 (April 3, 1984). with any Member, committee, or subcommittee of SEC. 624. None of the funds appropriated by SEC. 617. (a) None of the funds appropriated the Congress as described in paragraph (1). this or any other Act may be used by an agency by this or any other Act may be obligated or ex- SEC. 621. (a) None of the funds made available to provide a Federal employee’s home address to pended by any Federal department, agency, or in this or any other Act may be obligated or ex- any labor organization except when the em- other instrumentality for the salaries or ex- pended for any employee training that— ployee has authorized such disclosure or when penses of any employee appointed to a position (1) does not meet identified needs for knowl- such disclosure has been ordered by a court of of a confidential or policy-determining char- edge, skills, and abilities bearing directly upon competent jurisdiction. acter excepted from the competitive service pur- the performance of official duties; SEC. 625. None of the funds made available in suant to section 3302 of title 5, United States (2) contains elements likely to induce high lev- this Act or any other Act may be used to provide Code, without a certification to the Office of els of emotional response or psychological stress any non-public information such as mailing or Personnel Management from the head of the in some participants; telephone lists to any person or any organiza- Federal department, agency, or other instru- (3) does not require prior employee notifica- tion outside of the Federal Government without mentality employing the Schedule C appointee tion of the content and methods to be used in the approval of the Committees on Appropria- that the Schedule C position was not created the training and written end of course evalua- tions. solely or primarily in order to detail the em- tion; SEC. 626. No part of any appropriation con- ployee to the White House. (4) contains any methods or content associ- tained in this or any other Act shall be used for (b) The provisions of this section shall not ated with religious or quasi-religious belief sys- publicity or propaganda purposes within the apply to Federal employees or members of the tems or ‘‘new age’’ belief systems as defined in United States not heretofore authorized by the armed services detailed to or from— Equal Employment Opportunity Commission No- Congress. (1) the Central Intelligence Agency; tice N–915.022, dated September 2, 1988; or SEC. 627. (a) In this section the term ‘‘agen- (2) the National Security Agency; (5) is offensive to, or designed to change, par- cy’’— (3) the Defense Intelligence Agency; ticipants’ personal values or lifestyle outside the (1) means an Executive agency as defined (4) the offices within the Department of De- workplace. under section 105 of title 5, United States Code; fense for the collection of specialized national (b) Nothing in this section shall prohibit, re- (2) includes a military department as defined foreign intelligence through reconnaissance pro- strict, or otherwise preclude an agency from under section 102 of such title, the Postal Serv- grams; conducting training bearing directly upon the ice, and the Postal Rate Commission; and (5) the Bureau of Intelligence and Research of performance of official duties. (3) shall not include the General Accounting the Department of State; SEC. 622. No funds appropriated in this or any Office. (6) any agency, office, or unit of the Army, other Act may be used to implement or enforce (b) Unless authorized in accordance with law Navy, Air Force, and Marine Corps, the Federal the agreements in Standard Forms 312 and 4414 or regulations to use such time for other pur- Bureau of Investigation and the Drug Enforce- of the Government or any other nondisclosure poses, an employee of an agency shall use offi- ment Administration of the Department of Jus- policy, form, or agreement if such policy, form, cial time in an honest effort to perform official tice, the Department of Transportation, the De- or agreement does not contain the following pro- duties. An employee not under a leave system, partment of the Treasury, and the Department visions: ‘‘These restrictions are consistent with including a Presidential appointee exempted of Energy performing intelligence functions; and and do not supersede, conflict with, or other- under section 6301(2) of title 5, United States (7) the Director of Central Intelligence. wise alter the employee obligations, rights, or li- Code, has an obligation to expend an honest ef- SEC. 618. No department, agency, or instru- abilities created by Executive Order No. 12958; fort and a reasonable proportion of such em- mentality of the United States receiving appro- section 7211 of title 5, U.S.C. (governing disclo- ployee’s time in the performance of official du- priated funds under this or any other Act for sures to Congress); section 1034 of title 10, ties. fiscal year 2002 shall obligate or expend any United States Code, as amended by the Military SEC. 628. (a) None of the funds appropriated such funds, unless such department, agency, or Whistleblower Protection Act (governing disclo- by this Act may be used to enter into or renew instrumentality has in place, and will continue sure to Congress by members of the military); a contract which includes a provision providing to administer in good faith, a written policy de- section 2302(b)(8) of title 5, United States Code, prescription drug coverage, except where the signed to ensure that all of its workplaces are as amended by the Whistleblower Protection Act contract also includes a provision for contracep- free from discrimination and sexual harassment (governing disclosures of illegality, waste, tive coverage. and that all of its workplaces are not in viola- fraud, abuse or public health or safety threats); (b) Nothing in this section shall apply to a tion of title VII of the Civil Rights Act of 1964, the Intelligence Identities Protection Act of 1982 contract with— as amended, the Age Discrimination in Employ- (50 U.S.C. 421 et seq.) (governing disclosures (1) any of the following religious plans: ment Act of 1967, and the Rehabilitation Act of that could expose confidential Government (A) Personal Care’s HMO; 1973. agents); and the statutes which protect against (B) OSF Health Plans, Inc.; and SEC. 619. None of the funds made available in disclosure that may compromise the national se- (2) any existing or future plan, if the carrier this Act for the United States Customs Service curity, including sections 641, 793, 794, 798, and for the plan objects to such coverage on the may be used to allow the importation into the 952 of title 18, United States Code, and section basis of religious beliefs. United States of any good, ware, article, or mer- 4(b) of the Subversive Activities Act of 1950 (50 (c) In implementing this section, any plan chandise mined, produced, or manufactured by U.S.C. 783(b)). The definitions, requirements, that enters into or renews a contract under this forced or indentured child labor, as determined obligations, rights, sanctions, and liabilities cre- section may not subject any individual to dis- pursuant to section 307 of the Tariff Act of 1930 ated by said Executive order and listed statutes crimination on the basis that the individual re- (19 U.S.C. 1307). are incorporated into this agreement and are fuses to prescribe or otherwise provide for con- SEC. 620. No part of any appropriation con- controlling.’’: Provided, That notwithstanding traceptives because such activities would be con- tained in this or any other Act shall be available the preceding paragraph, a nondisclosure policy trary to the individual’s religious beliefs or for the payment of the salary of any officer or form or agreement that is to be executed by a moral convictions. employee of the Federal Government, who— person connected with the conduct of an intel- (d) Nothing in this section shall be construed (1) prohibits or prevents, or attempts or ligence or intelligence-related activity, other to require coverage of abortion or abortion-re- threatens to prohibit or prevent, any other offi- than an employee or officer of the United States lated services. cer or employee of the Federal Government from Government, may contain provisions appro- SEC. 629. Notwithstanding 31 U.S.C. 1346 and having any direct oral or written communica- priate to the particular activity for which such section 610 of this Act, funds made available for tion or contact with any Member, committee, or document is to be used. Such form or agreement fiscal year 2002 by this or any other Act to any

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9672 CONGRESSIONAL RECORD — SENATE September 21, 2001

department or agency, which is a member of the SEC. 634. FEDERAL FUNDS IDENTIFIED. Any re- graph (f)(2) of section 2203 of this title, a direc- Joint Financial Management Improvement Pro- quest for proposals, solicitation, grant applica- tor at each Presidential archival depository es- gram (JFMIP), shall be available to finance an tion, form, notification, press release, or other tablished under section 2112 of this title. The appropriate share of JFMIP administrative publications involving the distribution of Fed- Archivist may appoint a director without regard costs, as determined by the JFMIP, but not to eral funds shall indicate the agency providing to subchapter I and subchapter VIII of chapter exceed a total of $800,000 including the salary of the funds and the amount provided. This provi- 33 of title 5, United States Code, governing ap- the Executive Director and staff support. sion shall apply to direct payments, formula pointments in the competitive service and the SEC. 630. Notwithstanding 31 U.S.C. 1346 and funds, and grants received by a State receiving Senior Executive Service. A director so ap- section 610 of this Act, the head of each Execu- Federal funds. pointed shall be responsible for the care and tive department and agency is hereby author- SEC. 635. Subsection (f) of section 403 of Public preservation of the Presidential records and his- ized to transfer to the ‘‘Policy and Operations’’ Law 103–356 is amended by deleting ‘‘October 1, torical materials deposited in a Presidential ar- account, General Services Administration, with 2001’’ and inserting ‘‘October 1, 2002’’. chival depository, shall serve at the pleasure of the approval of the Director of the Office of SEC. 636. Section 6 of Public Law 93–346 as the Archivist and shall perform such other func- Management and Budget, funds made available amended (3 U.S.C. 111 note) is amended by in- tions as the Archivist may specify.’’. for fiscal year 2002 by this or any other Act, in- serting ‘‘, or for use at official functions in or SEC. 645. REAUTHORIZATION OF BREAST CAN- cluding rebates from charge card and other con- about,’’ after ‘‘about’’. CER RESEARCH SPECIAL POSTAGE STAMP. (a) tracts. These funds shall be administered by the SEC. 637. During fiscal year 2002 and there- SHORT TITLE.—This section may be cited as the Administrator of General Services to support after, the head of an entity named in 3 U.S.C. ‘‘Breast Cancer Research Stamp Act of 2001’’. Government-wide financial, information tech- 112 may, with respect to civilian personnel of (b) REAUTHORIZATION AND INAPPLICABILITY OF nology, procurement, and other management in- any branch of the Federal government per- LIMITATION.— novations, initiatives, and activities, as ap- forming duties in such entity, exercise authority (1) IN GENERAL.—Section 414 of title 39, United proved by the Director of the Office of Manage- comparable to the authority that may by law States Code, is amended by striking subsection ment and Budget, in consultation with the ap- (including chapter 57 and sections 8344 and 8468 (g) and inserting the following: propriate interagency groups designated by the of title 5, United States Code) be exercised with ‘‘(g) For purposes of section 416 (including Director (including the Chief Financial Officers respect to the employees of an Executive agency any regulation prescribed under subsection Council and the Joint Financial Management (as defined in 5 U.S.C. 105) by the head of such (e)(1)(C) of that section), the special postage Improvement Program for financial management Executive agency, and the authority granted by stamp issued under this section shall not apply initiatives, the Chief Information Officers Coun- this section shall be in addition to any other au- to any limitation relating to whether more than cil for information technology initiatives, and thority available in law. 1 semipostal may be offered for sale at the same the Procurement Executives Council for procure- SEC. 638. Section 3 of Public Law 93–346 as time. ment initiatives). The total funds transferred amended (3 U.S.C. 111 note) is amended by in- ‘‘(h) This section shall cease to be effective shall not exceed $17,000,000. Such transfers may serting ‘‘, utilities (including electrical) for,’’ after July 29, 2008.’’. only be made 15 days following notification of after ‘‘military staffing’’. (2) EFFECTIVE DATE.—The amendment made the Committees on Appropriations by the Direc- SEC. 639. The Congress of the United States by this subsection shall take effect on the earlier tor of the Office of Management and Budget. recognizes the United States Anti-Doping Agen- of— SEC. 631. (a) IN GENERAL.—Hereafter, in ac- cy (USADA) as the official anti-doping agency (A) the date of enactment of this Act; or (B) July 29, 2002. cordance with regulations promulgated by the for Olympic, Pan American, and Paralympic Office of Personnel Management, an Executive (c) RATE OF POSTAGE.—Section 414(b) of title sport in the United States. 39, United States Code, is amended— agency which provides or proposes to provide SEC. 640. (a) Section 1238(e)(3) of the Floyd D. child care services for Federal employees may (1) in paragraph (1), by striking ‘‘of not to ex- Spence National Defense Authorization Act for ceed 25 percent’’ and inserting ‘‘of not less than use appropriated funds (otherwise available to Fiscal Year 2001 (as enacted by Public Law 106– such agency for salaries and expenses) to pro- 15 percent’’; and 398) is amended by adding at the end the fol- (2) by adding after the sentence following vide child care, in a Federal or leased facility, lowing: ‘‘The executive director and any per- or through contract, for civilian employees of paragraph (3) the following: ‘‘The special rate sonnel who are employees of the United States- of postage of an individual stamp under this such agency. China Security Review Commission shall be em- (b) AFFORDABILITY.—Amounts so provided section shall be an amount that is evenly divis- ployees under section 2105 of title 5, United with respect to any such facility or contractor ible by 5.’’. States Code, for purposes of chapters 63, 81, 83, shall be applied to improve the affordability of SEC. 646. AMENDMENT TO TITLE 39. Section 84, 85, 87, 89, and 90 of that title.’’. child care for lower income Federal employees 5402(d) of title 39, United States Code, is amend- (b) The amendment made by this section shall using or seeking to use the child care services ed by— take effect on January 3, 2001. offered by such facility or contractor. (1) inserting ‘‘(1)’’ after ‘‘(d)’’; and SEC. 641. (a) The adjustment in rates of basic (c) ADVANCES.—Notwithstanding 31 U.S.C. (2) inserting at the end the following: pay for the statutory pay systems that takes ef- 3324, amounts paid to licensed or regulated child ‘‘(2)(A) In the exercise of its authority under care providers may be in advance of services fect in fiscal year 2002 under sections 5303 and paragraph (1), the Postal Service may require rendered, covering agreed upon periods, as ap- 5304 of title 5, United States Code, shall be an any air carrier to accept as mail shipments of propriate. increase of 4.6 percent. day-old poultry and such other live animals as (d) DEFINITION.—For purposes of this section, (b) Funds used to carry out this section shall postal regulations allow to be transmitted as the term ‘‘Executive agency’’ has the meaning be paid from appropriations which are made to mail matter. The authority of the Postal Service given such term by section 105 of title 5, United each applicable department or agency for sala- under this subparagraph shall not apply in the States Code, but does not include the General ries and expenses for fiscal year 2002. case of any air carrier who commonly and regu- Accounting Office. SEC. 642. Not later than six months after the larly refuses to accept any live animals as (e) NOTIFICATION.—None of the funds made date of enactment of this Act, the Inspector cargo. available in this or any other Act may be used General of each applicable department or agen- ‘‘(B) Notwithstanding any other provision of to implement the provisions of this section ab- cy shall submit to the Committee on Appropria- law, the Postal Service is authorized to assess, sent advance notification to the Committees on tions a report detailing what policies and proce- as postage to be paid by the mailers of any ship- Appropriations. dures are in place for each department or agen- ments covered by subparagraph (A), a reason- SEC. 632. Notwithstanding any other provision cy to give first priority to the location of new of- able surcharge that the Postal Service deter- of law, a woman may breastfeed her child at fices and other facilities in rural areas, as di- mines in its discretion to be adequate to com- any location in a Federal building or on Federal rected by the Rural Development Act of 1972. pensate air carriers for any necessary additional property, if the woman and her child are other- SEC. 643. DEADLINE FOR SUBMISSION OF AN- expense incurred in handling such shipments. wise authorized to be present at the location. NUAL REPORTS BY UNITED STATES-CHINA SECU- ‘‘(C) The authority of the Postal Service SEC. 633. Nothwithstanding section 1346 of RITY REVIEW COMMISSION. Section 1238(c)(1) of under subparagraph (B) shall apply during the title 31, United States Code, or section 610 of the Floyd D. Spence National Defense Author- period beginning on the date of enactment of this Act, funds made available for fiscal year ization Act for Fiscal Year 2001 (as enacted into this paragraph, and ending September 30, 2002 by this or any other Act shall be available law by section 1 of Public Law 106–398) is 2005.’’. for the interagency funding of specific projects, amended by striking ‘‘March’’ and inserting SEC. 647. (a) From funds made available by workshops, studies, and similar efforts to carry ‘‘May’’. this or any other Act, the Secretary of the out the purposes of the National Science and SEC. 644. Subsection (a) of section 2105 of title Treasury may provide for the administrative Technology Council (authorized by Executive 44, United States Code, is amended to read as costs for the issuance of bonds, to be known as Order No. 12881), which benefit multiple Federal follows: ‘‘War Bonds’’, under section 3102 of title 31, departments, agencies, or entities: Provided, ‘‘(a)(1) The Archivist is authorized to select, United States Code, in response to the acts of That the Office of Management and Budget appoint, employ, and fix the compensation of terrorism perpetrated against the United States shall provide a report describing the budget of such officers and employees, pursuant to part on September 11, 2001. and resources connected with the National III of title 5, as are necessary to perform the (b) If bonds described in subsection (a) are Science and Technology Council to the Commit- functions of the Archivist and the Administra- issued, such bonds shall be in such form and de- tees on Appropriations, the House Committee on tion. nominations, and shall be subject to such terms Science; and the Senate Committee on Com- ‘‘(2) Notwithstanding paragraph (1), the Ar- and conditions of issue, conversion, redemption, merce, Science, and Transportation 90 days chivist is authorized to appoint, subject to the maturation, payment, and rate of interest as the after enactment of this Act. consultation requirements set forth in para- Secretary of the Treasury may prescribe.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9673 SEC. 648. (a) From funds made available by the World Trade Center in New York City and DEFENSE PRODUCTION ACT this or any other Act, the Secretary of the the Pentagon in Arlington, Virginia. AMENDMENTS OF 2001 Treasury may provide for the administrative SEC. 703. DEFINITIONS. Mr. REID. Mr. President, I ask unan- costs for the issuance of bonds, to be known as For purposes of this Act— ‘‘Unity Bonds’’, under section 3102 of title 31, (1) the term ‘‘emergency relief personnel’’ imous consent that the Banking Com- United States Code, in response to the acts of means firefighters, law enforcement officers, mittee be discharged from further con- terrorism perpetrated against the United States paramedics, emergency medical technicians, sideration of H.R. 2510 and the Senate on September 11, 2001. members of the clergy, and other individuals proceed to its consideration. (b) If bonds described in subsection (a) are (including employees of legally organized and The PRESIDENT pro tempore. With- issued, such bonds shall be in such form and de- recognized volunteer organizations, whether out objection, it is so ordered. The nominations, and shall be subject to such terms compensated or not) who, in the course of pro- and conditions of issue, conversion, redemption, clerk will report the bill by title. fessional duties, respond to fire, medical, haz- The legislative clerk read as follows: maturation, payment, and rate of interest as the ardous material, or other similar emergencies; Secretary of the Treasury may prescribe. and A bill (H.R. 2510) to extend the expiration SEC. 649. (a) State, regional, or local transpor- (2) the term ‘‘semipostal’’ has the meaning date of the Defense Production Act of 1950, tation authorities that are recipients of Federal given such term by section 416 of title 39, United and for other purposes. Transit Administration assistance or grants may States Code. There being no objection, the Senate purchase heavy-duty transit buses through the This Act may be cited as the ‘‘Treasury and proceeded to consider the bill. General Service Administration. General Government Appropriations Act, 2002’’. (b) The Administrator of General Services AMENDMENT NO. 1615 shall notify the appropriate congressional com- f Mr. REID. Mr. President, I under- mittees if the administrative costs incurred by stand that Senator SARBANES and Sen- the General Service Administration in imple- ORDER FOR SENATE TO RECEIVE ator GRAMM have an amendment at the menting this section are in excess of fees pro- HOUSE COMPANION BILL TO S. 1450 desk, and I ask unanimous consent vided to the General Service Administration Mr. REID. Madam President, I ask that the amendment be considered; under provisions of existing contracts for the that the amendment be agreed to; and purchase of heavy-duty transit buses. unanimous consent that it be in order that the motion to reconsider be laid TITLE VII—THE 9/11 HEROES STAMP ACT for the Senate to receive the House companion to S. 1450, the airlines sta- upon the table. OF 2001 The PRESIDENT pro tempore. With- SEC. 701. SHORT TITLE. bilization bill, notwithstanding the ad- journment of the Senate. out objection, it is so ordered. This title may be cited as the ‘‘9/11 Heroes The amendment (No. 1615) was agreed Stamp Act of 2001’’. The PRESIDING OFFICER. Without to, as follows: SEC. 702. REQUIREMENT THAT A SPECIAL COM- objection, it is so ordered. MEMORATIVE POSTAGE STAMP BE (Purpose: To provide for a one-year DESIGNED AND ISSUED. f extension) (a) IN GENERAL.—In order to afford the public On page 2, strike lines 9 through 14 and in- a direct and tangible way to provide assistance EXECUTIVE SESSION sert the following: ‘‘2002’. to the families of emergency relief personnel ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. killed or permanently disabled in the line of ‘‘Section 711(b) of the Defense Production duty in connection with the terrorist attacks EXECUTIVE CALENDAR Act of 1950 (50 U.S.C. App. 2161(b)) is amended against the United States on September 11, 2001, Mr. REID. Madam President, I ask by striking ‘2001’ and inserting ‘2002’.’’ the United States Postal Service shall issue a Mr. REID. Mr. President, I ask unan- semipostal in accordance with subsection (b). unanimous consent that the Senate (b) REQUIREMENTS.—The provisions of section proceed to executive session to con- imous consent that the bill, as amend- 416 of title 39, United States Code, shall apply sider Calendar Nos. 362, 384, 387, 388, ed, be read the third time, passed, the as practicable with respect to the semipostal de- and 389; that the nominations be con- motion to reconsider be laid upon the scribed in subsection (a), subject to the fol- firmed; that the motions to reconsider table, and any statements relating to lowing: be laid upon the table; that any state- the bill be printed in the RECORD, with (1) RATE OF POSTAGE.—Section 414(b) of title ments thereon be printed in the no intervening action. 39, United States Code, is amended— The PRESIDENT pro tempore. With- (A) in paragraph (1), by striking ‘‘of not to ex- RECORD; that the President be imme- ceed 25 percent’’ and inserting ‘‘of not less than diately notified of the Senate’s action; out objection, the several requests will 15 percent’’; and and that the Senate return to legisla- be agreed to. (B) by adding after the sentence following tive session. The bill (H.R. 2510), as amended, was paragraph (3) the following: ‘‘The special rate The PRESIDING OFFICER. Without read the third time and passed. of postage of an individual stamp under this objection, it is so ordered. f section shall be an amount that is evenly divis- The nominations considered and con- ible by 5.’’. DEPARTMENTS OF COMMERCE, firmed are as follows: (2) DISPOSITION OF AMOUNTS BECOMING AVAIL- JUSTICE, AND STATE, THE JUDI- ABLE.—All amounts becoming available from the DEPARTMENT OF JUSTICE CIARY, AND RELATED AGENCIES sale of the semipostal (as determined under such Deborah J. Daniels, of Indiana, to be an As- APPROPRIATIONS ACT, 2002 section) shall be transferred to the Federal sistant Attorney General. Mr. REID. Mr. President, I ask that Emergency Management Agency under such ar- DEPARTMENT OF TRANSPORTATION rangements as the Postal Service shall by mu- the Chair lay before the Senate a mes- Ellen G. Engleman, of Indiana, to be Ad- tual agreement with such agency establish in sage from the House with respect to ministrator of the Research and Special Pro- order to carry out the purposes of this Act. H.R. 2500, the Departments of Com- grams Administration, Department of Trans- (3) COMMENCEMENT AND TERMINATION portation. merce, Justice, and State, the Judici- DATES.—Stamps under this section shall be ary, and related agencies appropria- NATIONAL TRANSPORTATION SAFETY BOARD issued— tions bill. (A) beginning on the earliest date practicable; Marion Blakey, of Mississippi, to be Chair- The PRESIDENT pro tempore laid and man of the National Transportation Safety before the Senate the message from the (B) for such period of time as the Postal Serv- Board for a term of two years. ice considers necessary and appropriate, but in Marion Blakey, of Mississippi, to be a House of Representatives, as follows: no event less than 2 years. Member of the National Transportation Resolved, That the amendment of the Sen- (c) LIMITATION.—For purposes of section 416 Safety Board for a term expiring December ate to the bill (H.R. 2500) entitled ‘‘An Act of title 39, United States Code (including any 31, 2005. making appropriations for the Departments of Commerce, Justice, and State, the Judici- regulation prescribed under subsection (e)(1)(C) DEPARTMENT OF TRANSPORTATION of that section), the special postage stamp issued ary, and related agencies for the fiscal year under this section shall not apply to any limita- Read Van de Water, of North Carolina, to ending September 30, 2002, and for other pur- tion relating to whether more than one be an Assistant Secretary of Transportation. poses’’, in the opinion of this House, con- semipostal may be offered for sale at the same f travenes the first clause of the seventh sec- time. tion of the first article of the Constitution of (d) DESIGN.—It is the sense of the Congress LEGISLATIVE SESSION the United States and is an infringement of that the semipostal issued under this section the privileges of this House and that such should depict, by such design as the Postal The PRESIDING OFFICER. Under bill be respectfully returned to the Senate Service considers to be most appropriate, the ef- the previous order, the Senate will now with a message communicating this resolu- forts of emergency relief personnel at the site of return to legislative session. tion.

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9674 CONGRESSIONAL RECORD — SENATE September 21, 2001 Mr. REID. Mr. President, I ask unan- The PRESIDENT pro tempore. With- began to flatten out at a fairly sub- imous consent that the Senate amend- out objection, it is so ordered. stantial rate over $300 billion. ment be amended with the language at f What happened was, in our glee over the desk, and that the amendment be the collapse of the Soviet Union, we al- agreed to, and the motion to reconsider PROGRAM lowed that budget to continue down- be laid upon the table; further, that the Mr. REID. Mr. President, on Monday, ward. We reached as low as $286 billion, Senate insist on its amendment, re- September 24, 2001, the Senate will con- I believe, in the mid-1990s, $20 billion quest a conference with the House, and vene at 12 noon and consider H.R. 2603, more or less than former President that the Chair be authorized to appoint the Jordan Free-Trade Act, under a 2- Bush had proposed, and as a result we conferees on the part of the Senate. hour time agreement, followed by a reduced our personnel very rapidly. The PRESIDENT pro tempore. With- voice vote on the act. We had problems in a number of out objection, it is so ordered. At 2 p.m., the Senate will vote on the areas funding our budget, and as a re- The amendment (No. 1616) was agreed nomination of Kirk Van Tine to be gen- sult, the military began to suffer. In to, as follows: eral counsel to the Department of particular, what suffered was our plans Strike section 404 of the Senate amend- Transportation. to recapitalize defense in America. I ment. Following this vote, the Senate will am talking about ships and planes and The PRESIDENT pro tempore ap- resume consideration of the Depart- equipment that is pretty expensive. We pointed Mr. HOLLINGS, Mr. INOUYE, Ms. ment of Defense authorization bill paid the electric bills. We trained our MIKULSKI, Mr. LEAHY, Mr. KOHL, Mrs. under the direction of Senators LEVIN men and women in uniform. We paid MURRAY, Mr. REED, Mr. BYRD, Mr. and WARNER. their salaries. We did the things we GREGG, Mr. STEVENS, Mr. DOMENICI, Rollcall votes are expected on the needed to do, but as one naval officer Mr. MCCONNELL, Mrs. HUTCHISON, Mr. amendments to the DOD bill all after- said, we created a bow wave out in CAMPBELL, and Mr. COCHRAN conferees noon Monday. front of the ship of increased capital- on the part of the Senate. ization needs. So we have been doing f that for some years. f ORDER FOR ADJOURNMENT Gradually, we made a few increases since I have been in the Senate in the PROVIDING FOR MEMBERS ON THE Mr. REID. Mr. President, if there is last 3 years, an increase in our defense PART OF THE SENATE OF THE no further business to come before the JOINT COMMITTEE ON PRINTING budget, but it has not been much. Senate, I ask unanimous consent that President Bush ran on the promise AND THE JOINT COMMITTEE OF the Senate stand in adjournment fol- CONGRESS ON THE LIBRARY that he would do more for defense. He lowing the statement during morning said, ‘‘Help is on the way.’’ We remem- Mr. REID. Mr. President, I ask unan- business by the Senator from Alabama, ber that phrase. imous consent that the Senate proceed Mr. SESSIONS. We do indeed, this year, have a De- to the consideration of S. Res. 162, sub- The PRESIDENT pro tempore. With- fense appropriations bill that shows mitted earlier today by Senators DODD out objection, it is so ordered. the largest increase in probably well and MCCONNELL. Mr. REID. I suggest the absence of a over a decade. I know the President pro The PRESIDENT pro tempore. The quorum. tempore is so familiar with these num- clerk will state the title of the resolu- The PRESIDENT pro tempore. The bers, there is no need for me to recall tion. clerk will call the roll. them for him. We made some progress, The assistant legislative clerk read The assistant legislative clerk pro- and as I read this budget, this author- as follows: ceeded to call the roll. ization bill, we will take defense spend- A resolution (S. Res. 162) providing for Mr. SESSIONS. Mr. President, I ask ing from $296 billion last year to $328. If Members on the part of the Senate of the unanimous consent that the order for you count the supplemental of $6 bil- Joint Committee on Printing and the Joint the quorum call be rescinded. lion, we have a $35 billion increase in Committee of Congress on the Library. The PRESIDENT pro tempore. With- defense, which amounts to a little over There being no objection, the Senate out objection, it is so ordered. around 10 percent of the budget. proceeded to consider the resolution. The Senator from Alabama. I thought we would have more im- Mr. REID. Mr. President, I ask unan- Mr. SESSIONS. I ask unanimous con- pact, but I have not seen it. It strikes imous consent that the resolution be sent that I be allowed to speak as in me that presumably the money has agreed to, the motion to reconsider be morning business. gone to do the things we need to do. We laid upon the table, any statements The PRESIDENT pro tempore. With- promised and committed to higher pay and supporting documents relating to out objection, it is so ordered. The Sen- and better medical care, as we prom- the resolution be printed in the ator is recognized. ised our men and women in uniform. RECORD. f They received that, and they are The PRESIDENT pro tempore. With- pleased with it. Retention and recruit- out objection, it is so ordered. DEFENSE BUDGETS ment and morale is up, for which we The resolution (S. Res. 162) was Mr. SESSIONS. Mr. President, we can certainly celebrate, but it has left agreed to. have for the most part today been deal- us not nearly as much as we had hoped (The text of the resolution is printed ing with the Defense authorization bill. we would have to begin to do better in today’s RECORD under ‘‘Statements As a member of the Armed Services about capitalization. on Submitted Resolutions.’’) Committee, it is something we wres- For example, it was not too many f tled with for some time. We realize how years ago we were looking for a 600- tight our budget is, and I thought it ship Navy. We are now down to around ORDERS FOR MONDAY, would be important for those Ameri- 315 ships. We have ships going out of SEPTEMBER 24, 2001 cans who care about those things, that service every year because of age and Mr. REID. Mr. President, I ask unan- remnant out there, that we give them lack of serviceability, and the number imous consent that when the Senate some perspective as to where we are, of ships coming on are less. So at the completes its business today, it ad- what this authorization bill would present rate, we can expect our fleet to journ until the hour of 12 noon, Mon- mean, and how it would affect our fall well below 300. Maybe that is wise. day, September 24. I further ask unani- Armed Forces. I doubt it. I think we are getting a bit mous consent that on Monday, imme- In the early 1990s, our defense budget thin. I say that simply to say the diately following the prayer and the was as high as $326 billion, as I recall, money is not there in this budget to pledge, the Journal of proceedings be well over $300 billion. After the col- build ships at the rate it needs to. approved to date, the morning hour be lapse of the Soviet Union, President I served as the ranking member on deemed expired, and the time for the Bush commenced a decline in that the Sea Power Subcommittee and dealt two leaders be reserved for their use budget. He had projected it out over a with those numbers, along with Sen- later in the day. certain number of years and then it ator KENNEDY, and we did the best we

VerDate Mar 15 2010 03:44 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2001 CONGRESSIONAL RECORD — SENATE S9675 could with the moneys we had to allo- Mediterranean. It became unsafe for united, so determined, and so com- cate, but we are not where we need to Roman ships to sail. According to Ap- mitted, within a matter of days the be in shipbuilding. pian, in a very short time these pirates war was won, 10,000 of the pirates were So now we find ourselves in a war increased in number to tens of thou- killed and the rest surrendered. against terrorism. I think it is causing sands. They dominated now not only I don’t know and don’t expect we can us to reevaluate what we have done the eastern waters but the whole Medi- accomplish this much in dealing with with defense. As a percentage of our terranean to the Pillars of Hercules. our modern-day terrorist pirates, but I total gross domestic product, our They now even vanquished some of the like the way they set about to do it. spending on defense is at a low level, Roman generals in naval engagements, They recognized their nation was certainly since the midpart of the last and among others the praetor of Sicily threatened and jeopardized, and when century. We are at a low level in spend- on the Sicilian coast itself. the disgrace could be stood no more, ing as a percentage of the gross domes- No sea could be navigated in safety, they took action to defend their just tic product. and land remained untilled for want of interest, and did so with a commitment I think we can do better. Right now, commercial intercourse. The city of that was total and complete, and they in short order, we will receive the QDR, Rome felt this evil most keenly, her set about it and were successful far the Quadrennial Defense Review, re- subjects being distressed and herself more quickly than people thought pos- port. That should help us plan for the suffering grievously from hunger by sible. I don’t know if this will occur more future. I hope it will be a bold and ag- reason of her own populousness. But it quickly than we think possible, but I gressive call for reform and change and appeared to her to be a great and dif- know one thing: If we commit our- innovation. I think it will have some of ficult task to destroy so large a force selves to it, just as the Romans, we can that in it, but I am not sure it will go of seafaring men scattered everywither succeed. And even though these people as far as we would like it to go. We will on land and sea, with no fixed posses- move about and seem to have no place be looking at that. sion to encumber their flight, sallying they call their own, and are difficult to Then the Secretary of Defense is also out from no particular country or any locate, they can be located, they can be completing his review, and he will ana- known places, having no property or pressured, they can be attacked, and lyze the situation and will make a rec- anything to call their own, but only can be defeated. I hope and pray we ommendation to us for a reformation what they might chance to light upon. will succeed in that. of our military, a transformation of Thus, the unexampled nature of this I am honored to be a Member of this our military, so it is more capable of war, which was subject to no laws and Senate—not the Roman Senate but dealing with conflicts of the kind we had nothing tangible or visible about this Senate. It is a great Senate, as the are discussing this very night, the tele- it, caused perplexity and fear. Presiding Officer is wont to remind vision commentators are discussing: When the Romans could no longer endure us—the greatest since the Roman Sen- Are we ready to fight that kind of war? the damage or the disgrace they made ate. I believe, united as we are today, I believe we need to be sure we are. I Gnaeus Pompey, who was then their man of we can succeed in eliminating these do not think it will cost us an amount greatest reputation, commander by law for 3 modern-day terrorists who threaten of money that we cannot afford. I am years, with absolute power over the whole our world, our prosperity, and our lib- sea within the Pillars of Hercules, and of the not sure we are where we need to be erty. with regard to transformation to go land of a distance of 400 stades from the coast to coast. They sent letters to all kings, I am honored to have the opportunity from a military that was capable and rulers, peoples and cities, they should aid to speak tonight, and I yield the floor. required to defend on the plains of Eu- Pompey in all ways. They gave him the f rope against massive attacks by tanks power to raise troops and to collect money and infantry and troops from the So- from the provinces, and they furnished a ADJOURNMENT UNTIL MONDAY, viet Union to a world that is much large Army from their own muster-roll, and SEPTEMBER 24, 2001 more complex, much more diverse, re- all the ships they had, and money to the The PRESIDENT pro tempore. Under quiring more speed, more maneuver, amount of 6,000 Attic talents— the previous order, the Senate stands more mobility to transport troops Perhaps the President would know in adjournment until 12 noon, Monday, around the country. how much that was; apparently it was September 24, 2001. I salute Senator LEVIN and Senator a lot— Thereupon, the Senate, at 7:43 p.m., JOHN WARNER, the ranking Republican So great and difficult did they consider the adjourned until Monday, September 24, on the committee, for working to- task of overcoming such great forces, dis- 2001, at 12 noon. gether to reach an accord at this crit- persed over so wide a sea, hiding easily in so f many nooks, retreating quickly and darting ical time in our country that I can sup- NOMINATIONS port at this time, and that was not out again unexpectedly. Never did any man before Pompey set forth with so great au- Executive nominations received by easy. We had some differences of opin- thority conferred upon him by the Romans. the Senate September 21, 2001: ion, and when the bill came out of com- He had an Army of 120,000 foot and 4,000 DEPARTMENT OF DEFENSE mittee on a partisan vote, 13–12, we horse, and 270 ships. Pompey, like a king of kings, should move MICHELLE VAN CLEAVE, OF CALIFORNIA, TO BE AN AS- were distressed about that. In the days SISTANT SECRETARY OF DEFENSE, VICE BRIAN E. that have gone by since and after this to and fro and stationed his people where he SHERIDAN. thought best. WILLIAM WINKENWERDER, JR., OF MASSACHUSETTS, terrorist attack, I think we all realized TO BE AN ASSISTANT SECRETARY OF DEFENSE, VICE it was necessary we should reach an He developed a brilliant scheme to SUE BAILEY. agreement on how to proceed. deploy his forces. And he astonished all EXECUTIVE OFFICE OF THE PRESIDENT I believe that was done. I can support by the rapidity of his movement, the JOHN H. MARBURGER, III, OF NEW YORK, TO BE DIREC- this bill as I understand it today, and magnitude of his preparations, and his TOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POL- we will probably vote next Tuesday. We formidable reputation, so that the pi- ICY, VICE NEAL F. LANE. DEPARTMENT OF STATE will have made a step in the right di- rates, who had expected to attack him first, or at least to show that the task WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- rection. Our challenge, of course, with BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- $20 billion more in defense, is to con- he had undertaken against him was no ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- easy one, became straightway alarmed, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES front terrorism around the world. OF AMERICA TO THE REPUBLIC OF CHILE. Our distinguished President pro tem- abandoned their assaults upon the LARRY MILES DINGER, OF IOWA, A CAREER MEMBER pore is a student of Roman history, the towns they were besieging, and fled to OF THE FOREIGN SERVICE, TO BE AMBASSADOR TO THE FEDERATED STATES OF MICRONESIA. best in this Senate, probably one of the their accustomed peaks and inlets. ENVIRONMENTAL PROTECTION AGENCY best in the United States. I thought I Thus the sea was cleared by Pompey KIMBERLY TERESE NELSON, OF PENNSYLVANIA, TO BE would share tonight a little bit of forthwith without a fight, and the pi- AN ASSISTANT ADMINISTRATOR OF THE ENVIRON- Roman history, Appian’s Roman his- rates were everywhere subdued at their MENTAL PROTECTION AGENCY, VICE EDWIN A. LEVINE, tory; as someone referred to me, what several locations. RESIGNED. THE JUDICIARY the Romans did about terrorists. According to Appian’s history, This is the situation they faced: Pi- whereas it was expected to take 3 years CLAY D. LAND, OF GEORGIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF GEOR- rates were developing throughout the to win this war because they were so GIA, VICE J. ROBERT ELLIOTT, RETIRED.

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RANDY CRANE, OF TEXAS, TO BE UNITED STATES DIS- MARK A. CALKINS DARLENE A. HARRIS TRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS, EDWARD A. CAYOUS CARMENCITA T. PALMA VICE A NEW POSITION CREATED BY PUBLIC LAW 106–553, TRACY D. GILCHRIST JULIA A. STOKES APPROVED DECEMBER 21, 2000. STEVEN M. MCGOVERN DALE M. MOSSEFIN To be senior assistant health services officer EXECUTIVE OFFICE OF THE PRESIDENT JEFFREY S. REYNOLDS SHERLENE BAILEY MARY ANN SOLBERG, OF MICHIGAN, TO BE DEPUTY DI- HILDA F. SCHAREN-GUIVEL KATHY L. BALASKO RECTOR OF NATIONAL DRUG CONTROL POLICY. (NEW PO- JERRY A. SMITH MARINNA A. BANKS SITION) MICHAEL A. STOVER JOSE H. BELARDO DARRALL F. TILLOCK JULIE WOFFORD BLACK SMALL BUSINESS ADMINISTRATION MARY M. WEBER DAWN M. CLARY THOMAS M. SULLIVAN, OF MASSACHUSETTS, TO BE To be scientist director SANDRA L. FERGUSON CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- KATHLEEN D. HEIDEN MINISTRATION, VICE JERE WALTON GLOVER, RESIGNED. VICTOR KRAUTHAMER MARY C. HOLLISTER DAVID W. KEENE PUBLIC HEALTH SERVICE To be senior scientist SCOTT A. MIDDLEKAUFF GODWIN O. ODIA THE FOLLOWING CANDIDATES FOR PERSONNEL AC- YOUNG H. LEE ELIZABETH A. PIERCE TION IN THE REGULAR COMPONENT OF THE PUBLIC H. EDWARD MURRAY BRIAN E. RICHMOND HEALTH SERVICE SUBJECT TO QUALIFICATIONS THERE- To be scientist RENEE S. ROBERSON FOR AS PROVIDED BY LAW AND REGULATIONS: LISA D. STARNES KATE M. BRETT SCOTT W. TOBIAS To be medical director ANGELA M. GONZALEZ GILBERT E. VARNEY JR. O’NEAL A. WALKER KETTY M. GONZALEZ KIMBERLY A. WALKER GUNTA I. OBRAMS To be senior assistant scientist To be assistant health services officer To be senior surgeon NELSON ADEKOYA PARMJEET S. SAINI MEHRAN S. MASSOUDI VITO M. CASERTA AMANDA D. STODDARD OLGA GRAJALES DARIN J. WEBER MARY L. KAMB To be sanitarian IN THE COAST GUARD DAWN L. WYLLIE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JARET T. AMES IN THE UNITED STATES COAST GUARD TO THE GRADE IN- To be surgeon DAVID P. BLEICHER DICATED UNDER TITLE 14, U.S.C., SECTION 271: ANDREW BLAUVELT To be senior assistant sanitarian MICHAEL J. BOQUARD To be rear admiral J RUSSELL BOWMAN STEPHEN P. BERARDINELLI JR. REAR ADM. (LH) JAMES C. OLSON, 0000 MONICA E. PARISE CALVIN K. COOK REAR ADM. (LH) JAMES W. UNDERWOOD, 0000 LISA G. RIDER CALVIN W. EDWARDS REAR ADM. (LH) RALPH D. UTLEY, 0000 ABIGAIL M. SHEFER WILLIAM T. GOING III REAR ADM. (LH) KENNETH T. VENUTO, 0000 DARRELL P. STONE ROBERT W. GRUHOT SUSAN D. MCCRACKEN IN THE AIR FORCE To be senior assistant surgeon JOSEPH A. TERRA JR. DAHNA L. BATTS-OSBORNE DAVID B. TIBBS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STEPHEN M. HEWITT LINDA K. WEST STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE, TO THE GRADE INDICATED UNDER JAMES F. LANDO To be senior veterinary officer JOHN T. NING TITLE 10, U.S.C., SECTION 12203: ALEXANDER K. ROWE MARK A. BRYANT To be brigadier general STEPHEN M. RUDD SHELLEY HOOGSTRATEN-MILLER SEYMOUR G. WILLIAMS BARTON G. WEICK COL. DAVID F. BRUBAKER, 0000 COL. MICHAEL W. CORBETT, 0000 To be senior dental surgeon To be veterinary officer IN THE ARMY MICHAEL L. CAMPSMITH JUDITH A. DAVIS A. ISABEL GARCIA MARISSA A. MILLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALFRED W. MONTGOMERY IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be dental surgeon WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be senior pharmacist RONALD E. BAJUSCAK RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TANIA M. MACIAS JOHNNY W. BENSON To be lieutenant general WILNETTA A. SWEETING JAMES S. WILLIAMS III MICHAEL P. WINKLER STANLEY K. WORK LT. GEN. LARRY R. JORDAN, 0000 To be senior assistant dental surgeon To be pharmacist THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED DAWN A. BREEDEN LAURIE B. BURKE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KATHERINE T. COTTON FLOYD J. KRIEGHOFF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRYAN S. DAWSON JOSEPH F. MCGINNIS STANLEY K. GORDON RAELENE W. SKERDA To be lieutenant general MARIA-PAZ U. SMITH MATTHEW A. SPATARO VALARIE D. WILSON KIMBERLY A. ZIETLOW LT. GEN. KEVIN P. BYRNES, 0000 To be senior nurse officer To be senior assistant pharmacist THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED ROBERT E. EATON KARL D. AAGENES WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARY I. LAMBERT CLINTON D. BULLOCK RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SUSANNE R. ROHRER RICHARD O. DECEDERFELT MARJORIE LYNN WITMAN DENISE M. DIGIULIO To be general To be nurse officer SCOTT F. GIBERSON LT. GEN. PAUL J. KERN, 0000 MICHAEL J. GOODIN EILEEN D. BONNEAU JANE M. KREIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RUTH M. COLEMAN JOHN R. MARTIN IN THE UNITED STATES ARMY TO THE GRADE INDICATED TERRI L. DODDS TERRI J. MARTIN WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SUSAN D. HILLIS SHEILA K. NORRIS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BARBARA W. KILBOURNE LISA M. ROSE To be lieutenant general GWETHLYN J. SABATINOS VANESSA G. THOMAS-WILSON AMANDA S. WAUGAMAN JEFFREY W. WALLING MAJ. GEN. JOSEPH R. INGE, 0000 TERESA A. WATKINS To be senior assistant nurse officer TRAVIS E. WATTS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED THOMAS C. ARMINIO To be assistant pharmacist UNDER TITLE 10, U.S.C., SECTION 624: DEBORAH M. CARTER CHARLES D. DUKE JR. TINA M. SPENCE To be major general KEYLA E. GAMMARANO To be dietitian MARY C. KARLSON BRIGADIER GENERAL KEITH B. ALEXANDER, 0000 JULIE D. KING SUSAN T. DETHMAN BRIGADIER GENERAL ELDON A. BARGEWELL, 0000 KIMBERLY M. MOCK BRIGADIER GENERAL DAVID W. BARNO, 0000 LISA S. PENIX To be senior assistant dietitian BRIGADIER GENERAL JOHN R. BATISTE, 0000 LAVERNE PUCKETT BRIGADIER GENERAL PETER W. CHIARELLI, 0000 CHARLENE G. SANDERS KEYSHA L. ROSS BRIGADIER GENERAL CLAUDE V. CHRISTIANSON, 0000 MICHAEL R. SANCHEZ To be therapist BRIGADIER GENERAL ROBERT T. DAIL, 0000 JEANNE D. SHAFFER BRIGADIER GENERAL PAUL D. EATON, 0000 STEVEN M. WACHA REBECCA A. PARKS BRIGADIER GENERAL KARL W. EIKENBERRY, 0000 To be senior assistant therapist BRIGADIER GENERAL ROBERT H. GRIFFIN, 0000 To be assistant nurse officer BRIGADIER GENERAL JOHN W. HOLLY, 0000 BRIGADIER GENERAL DAVID H. HUNTOON JR., 0000 BENJAMIN F. BROWN JR. LAURA M. GROGAN BRIGADIER GENERAL JAMES C. HYLTON, 0000 SERINA A. HUNTER MICHAEL D. LAPLANTE BRIGADIER GENERAL GENE M. LACOSTE, 0000 PATRICIA K. MITCHELL ERIC D. PAYNE BRIGADIER GENERAL DEE A. MC WILLIAMS, 0000 TODD A. RIDGE MATTHEW E. TAYLOR BRIGADIER GENERAL RAYMOND T. ODIERNO, 0000 WILLIAM RUIZ-COLON DANIEL C. WEAVER BRIGADIER GENERAL VIRGIL L. PACKETT II, 0000 TONIA L. SAWYER To be assistant therapist BRIGADIER GENERAL JOSEPH F. PETERSON, 0000 THOMAS R. STANLEY BRIGADIER GENERAL DAVID H. PETRAEUS, 0000 ROBBIE K. TAYLOR COREY S. DAHL BRIGADIER GENERAL MARILYN A. QUAGLIOTTI, 0000 To be engineer officer To be senior health services officer BRIGADIER GENERAL MICHAEL D. ROCHELLE, 0000 BRIGADIER GENERAL DONALD J. RYDER, 0000 KEVIN B. MILNE ILZE L. RUDITIS BRIGADIER GENERAL HENRY W. STRATMAN, 0000 To be senior assistant engineer officer To be health services officer BRIGADIER GENERAL JOE G. TAYLOR JR., 0000 BRIGADIER GENERAL N. ROSS THOMPSON III, 0000 DONALD C. ANTROBUS STEVEN M. GLOVER BRIGADIER GENERAL JAMES D. THURMAN, 0000

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BRIGADIER GENERAL THOMAS R. TURNER II, 0000 IN THE NAVY NATIONAL TRANSPORTATION SAFETY BOARD BRIGADIER GENERAL MICHAEL A. VANE, 0000 BRIGADIER GENERAL WILLIAM G. WEBSTER JR., 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- MARION BLAKEY, OF MISSISSIPPI, TO BE CHAIRMAN OF POINTMENT TO THE GRADE INDICATED IN THE UNITED THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A THE FOLLOWING NAMED ARMY NATIONAL GUARD OF STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: TERM OF TWO YEARS. THE UNITED STATES OFFICERS FOR APPOINTMENT TO MARION BLAKEY, OF MISSISSIPPI, TO BE A MEMBER OF THE GRADE INDICATED IN THE RESERVE OF THE ARMY To be lieutenant THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RICHARD D. ANDERSON III, 0000 TERM EXPIRING DECEMBER 31, 2005. To be colonel JAMES P. INGRAM, 0000 DEPARTMENT OF TRANSPORTATION GEORGE M. GOUZY III, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CARROL H. KINSEY JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY READ VAN DE WATER, OF NORTH CAROLINA, TO BE AN UNDER TITLE 10, U.S.C., SECTION 624: ASSISTANT SECRETARY OF TRANSPORTATION. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE ABOVE NOMINATIONS WERE APPROVED SUBJECT THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be lieutenant commander TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE GRADE INDICATED IN THE RESERVE OF THE ARMY QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRADLEY J. SMITH, 0000 CONSTITUTED COMMITTEE OF THE SENATE. To be colonel f THE JUDICIARY JEFFREY E. ARNOLD, 0000 BENJAMIN GUZMANTORRES, 0000 SHARON PROST, OF THE DISTRICT OF COLUMBIA, TO BE TIMOTHY L. SHEPPARD, 0000 CONFIRMATIONS UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIR- CUIT. IN THE MARINE CORPS Executive nominations confirmed by the REGGIE B. WALTON, OF THE DISTRICT OF COLUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate September 21, 2001: TRICT OF COLUMBIA. TO THE GRADE INDICATED IN THE UNITED STATES MA- DEPARTMENT OF TRANSPORTATION RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF JUSTICE To be lieutenant colonel ELLEN G. ENGLEMAN, OF INDIANA, TO BE ADMINIS- TRATOR OF THE RESEARCH AND SPECIAL PROGRAMS DEBORAH J. DANIELS, OF INDIANA, TO BE AN ASSIST- HENRY J. GOODRUM, 0000 ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. ANT ATTORNEY GENERAL.

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