18128 CONGRESSIONAL RECORD—SENATE October 1, 2001 SENATE—Monday, October 1, 2001

The Senate met at 12 noon and was RECOGNITION OF THE ACTING PRIORITIZING THE SENATE’S called to order by the President pro MAJORITY LEADER WORK tempore [Mr. BYRD]. The PRESIDENT pro tempore. The Mr. THOMAS. Mr. President, I want Senator from Nevada, Mr. REID. PRAYER to talk a little bit about the future as f I hope it might happen in the Senate. The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer: SCHEDULE Obviously, we have a great many Generous, gracious God, as we begin Mr. REID. As the Chair has an- things to do, many of which are time this work week, the Psalmist’s words nounced, the morning business hour imperative, that we need to do them give wings to our gratitude: ‘‘Blessed will continue until 2 p.m. today. At 2 immediately, and I am for that. be the Lord, who daily loads us with p.m., the Senate will resume consider- I am very proud of what I have seen benefits, the God of our salvation.’’ ation of the Defense authorization bill. here and what I have seen at home You lift the load of our concerns and Mr. President, cloture was filed on with respect to our national reaction load us with Your benefits. You care the DOD bill last week. All first-degree to this terrorism assault and the dis- about what concerns us. The benefits amendments must be filed before 1 p.m. aster with which we are faced. I believe You provide are for the work You today and all second-degree amend- the President and his team are doing guide. You never give us more to do ments must be filed before 9:45 a.m. what needs to be done, are doing the than You will help us accomplish. You Tuesday. I would advise Members and necessary research and intelligence are for us and not against us. In re- staff if they have filed their amend- gathering that is necessary. This is the sponse, we open our minds to think ments already, there is no need to most unusual kind of an emergency in Your thoughts, our emotions to express refile them. which everyone is ready to do some- Your empathy, our wills to do Your There will be no rollcall votes today. thing but you have to first discover will, and our bodies to be rejuvenated The next rollcall vote will occur at 10 what it is that is proper to do. I think by Your energizing Spirit. a.m. on Tuesday, on cloture on the that is being done: Positioning the Bless the Senators with a positive at- DOD authorization bill. military, to the extent that that will titude to the challenges of this day and There is lots of work to do. The ma- be necessary—again, a different kind of the week ahead. You love this Nation jority leader has asked me to announce war but one in which the military obvi- and want to provide these leaders with that we have the DOD bill we need to ously will be a very prime portion of it; exactly what they will need to lead finish. We are close to having some moving to establish domestic defense, with excellence. Guide them as they final numbers on the appropriations working with our States—I was just discern what is Your best for our Na- bills so we can do those conferences this week with our National Guard in tion and courageously vote their con- that are so badly needed and complete Wyoming, and the Governor was set- victions. Enable communication be- the other appropriations bills. We have ting about to have that be part of the tween the parties so that this will be a the airport safety matter we must security for airports—and the things week of progress. Thank You in ad- work on as quickly as possible. There that need to be done will be given, I vance for the benefits of Your love, is work we have to do on helping those hope, an agenda for strengthening our strength, discernment, and wisdom employees who have been displaced as domestic defense regarding intel- You will pour into the minds and a result of the incident on September ligence. hearts of the Senators. We press on 11. I am pleased the President is asking with expectancy. You are our Lord and We have an antiterrorism bill the Ju- Members to seek to continue to do the Saviour. Amen. diciary Committee has been working on all weekend. Senators HATCH and emergency things that must be done, f LEAHY have literally been working on while, at the same time, returning to our daily business and routine. We can PLEDGE OF ALLEGIANCE that all weekend. They hope to have something for us in the next few days, do both, urging everyone to have the The PRESIDENT pro tempore led the perhaps as early as tomorrow. patience we must have to retain our Pledge of Allegiance, as follows: So there are lots of things to do. We commitment and determination to I pledge allegiance to the Flag of the are going to need the cooperation of all move forward with things we must do. United States of America, and to the Repub- Senators to get them done as quickly I am proud of what I see at home. lic for which it stands, one nation under God, as possible. The continuing resolution People have the same conviction that indivisible, with liberty and justice for all. will go for the next 2 weeks. We very we must do these things and are com- f much hope by that time we will have mitted to doing whatever it takes, sup- been able to complete the normal ap- porting our country and supporting our RESERVATION OF LEADER TIME propriations process or at least work President. our way toward that end. The PRESIDENT pro tempore. Under It is a shame to have to go through Mr. President, I suggest the absence the previous order, the leadership time this terrible time but I am very proud of a quorum. is reserved. with the Nation coming together, The PRESIDENT pro tempore. The proud of what I see as a show of patri- f clerk will call the roll. otism and support for America. The assistant legislative clerk pro- MORNING BUSINESS ceeded to call the roll. I am also very pleased with the per- The PRESIDENT pro tempore. Under Mr. THOMAS. Mr. President, I ask formance of this Congress. There has the previous order, there will now be a unanimous consent that the order for been an unusual and remarkable show period for the transaction of morning the quorum call be rescinded. of nonpartisanship to do the things business not to extend beyond the hour The PRESIDENT pro tempore. With- that, indeed, must be done. We have of 2 p.m., with Senators permitted to out objection, it is so ordered. come together. We have much yet to speak therein for up to 10 minutes The Senator from Wyoming is recog- do. I believe it would be good if we each. nized for not to exceed 10 minutes. prioritized the activities to complete

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

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18129 through the year. Among the 435 Mem- about our economy, the loss of jobs, would not result in immediate invest- bers, there are different ideas of pri- and the economic stimulus package ment. He is quoted as saying: ority, but we have to come to a deci- being considered by Members of the The problem now is there’s a lot of uncer- sion as to what has to be done imme- House, the Senate, and the White tainty, which is inducing people to wait, diately. I wish we could do that. Clear- House. Mr. THOMAS, the Senator from which depresses aggregate demand, which in ly, our priorities will rest with the Wyoming, mentioned some of the eco- turn exacerbates the economic slowdown. emergency demands brought about by nomic stimulus package. In my view, The Wall Street Journal further the war on terrorism, coupled with the an education opportunity tax credit opines that: emergency demands we now have with should be included in any economic . . . stimulating spending and making the economy. We have special activi- stimulus package put together in the members feel secure would be more effective ties dealing both with defense and the coming weeks. than reducing corporate tax rates as a way economy; we have our regular oper- We know our economy is in serious to boost economic growth. ational items we must do, such as 13 trouble. The economy grew just 0.2 of 1 In fact, we all know our economy, different appropriations, none of which, percent in the second quarter of this this free market, is all about the con- yet, has cleared and gone to the Presi- year, compared to 4.1-percent average sumer. If consumers do not buy, com- dent. This is what goes into the regular growth in the year 2000. The most im- panies will not have revenue. If compa- operation of government. It seems to portant thing we can do at this point is nies do not have revenue, they will not me it makes good sense to keep those increase consumer spending, especially be able to invest, nor will companies separate. We should separate the issues on durable goods. Orders for durable need employees to be in those jobs to in the emergency category from the goods dropped in August, as reported produce. If they do not invest, if they normal operational issues we face. by the Commerce Department, all of are not creating jobs, our economy will It would be a mistake to expand what which was due to the technology and not grow out of this economic sluggish- will be long-term operational functions transportation sectors. We have ad- ness. in this emergency way and run the risk dressed the transportation industry The technology sector, which was of having those be there when the partially, with the airline industry sta- once the leading force behind economic emergency is over. We ought to deal bilization bill, but the technology sec- growth and productivity, is now the with those differently. Certainly many tor still remains unaddressed. most significant detractor, getting hit of the things we need to do now will Consumer confidence is dropping like the hardest by the contractions in not be in place in the future. a stone. The University of Michigan spending and investment. There has I believe we should agree on a list of Consumer Sentiment Index released been a 19-percent drop in technology priorities, must-do items we need to do last week, September 28, indicated that spending, including a 45-percent drop in for defense and terrorism. We should consumer confidence dropped 21 per- personal computer orders and a 14.5- agree on a list of priorities. The admin- cent. Although the correlation between percent drop in software and equip- istration has things we ought to do ad- consumer confidence and spending is ment spending. ministratively. We should agree with not strong in the short term, it is Other sources of capital and growth them to do them. We should make a strong in the mid-to-long term. The have dried up as well. Banks continue priority list of things to do to stimu- No. 1 reason for this precipitous drop in to limit their exposure to the high- late the economy, whether tax relief, consumer confidence is because of technology sector and tighten lending withholding tax changes, whatever. where consumers thought they would standards, cutting off resources at a There are a number of things out there. be in their own lives 6 months out. One time when money is already scarce. We met last week with Chairman financial market analyst was recently Venture capital has all but disappeared Greenspan, Bob Rubin, and others. We quoted in the Washington Post as say- from this sector. First-round venture will continue to do that. In fact, to- ing that the size of this decline in con- capital funding has already fallen $1.84 morrow we will meet with Secretary sumer confidence will translate into billion, down 87 percent from the pre- O’Neill. I hope we can do this and come reduced spending in the next 6 months. vious year during the second quarter of up with a list and commit ourselves to That confidence decline is not over. 2001. it, leaving us free to do the things we Consumers, clearly, are on a very cau- This has all led to widespread layoffs have to do that are now before the Con- tious mindset. That is why we must within the tech sector over this past gress. year. Job cuts in the high-tech indus- We have a great deal to do. It is not take measures to improve consumer tries of telecommunications, com- easy to set priorities, but that is part confidence and spending again. There is a debate currently underway puters and electronics—those job cuts of our responsibility. If we can do that, in our country over which types of tax are up 13 times over what they were I would like the leadership to set up a cuts are the answer to providing imme- last year. committee to come up with the lists diate economic growth. In my judg- Through the end of August, high tech and present them to the remainder of ment, we must focus on individual tax accounted for nearly 40 percent of the the Congress. That will move the Con- cuts that will immediately lift con- 1.1 million job cuts so far in 2001. gress forward to do the things we must sumer confidence and result in greater Just to put that in perspective, that do in a divided fashion—what we must consumer spending—the idea that we is 4 times more, 4 times greater than do as a priority against the operational need to increase corporate savings and the entire post-attack airline industry agenda. layoffs—over 400,000 jobs lost in the I yield the floor. investment necessities, that those The PRESIDENT pro tempore. The companies have revenues in the first tech sector versus, obviously, a great Senator from Virginia, Mr. ALLEN, is place, revenues that come from con- concern over 100,000 jobs lost in the air- recognized. sumer spending. line industry sector. The total tech job Mr. ALLEN. I ask unanimous consent Instead, what is needed, as the Wall sector cuts in August alone exceeded I be allowed to speak in morning busi- Street Journal editorialized today, is all of the cuts for the year 2000. ness for up to 15 minutes. ‘‘temporary, not permanent tax This technology sluggishness is The PRESIDENT pro tempore. With- breaks—and preferably for consumers, clearly harmful for our future. Techno- out objection, it is so ordered. not business.’’ logical advancements are how America The Wall Street Journal article was and our economy will compete and suc- f very clear as to the ineffectiveness of ceed internationally, and technological IMMEDIATE ECONOMIC STIMULUS corporate tax cuts in order to spur the sector growth and rapid advances in THROUGH THE EDUCATION OP- economy, citing Gregory Mankiw, an productivity have been the base of our PORTUNITY TAX CREDIT economist at Harvard, who favors per- economic growth in the past and will Mr. ALLEN. Mr. President, I rise to manently abolishing the corporate in- be a vital key to our competitiveness share with my colleagues my concern come tax, but states that doing so now in the future. As we look at technology

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18130 CONGRESSIONAL RECORD—SENATE October 1, 2001 in the future, whether it is computers, very important links in our economy. it is real. In fact, we have already seen whether it is clean coal technology, No. 3, it provides previously out-of- the destructive use of bacteria by peo- whether it is fuel cell technology, these reach education and technology oppor- ple in this country. In 1984, there was are important for future competitive- tunities for families. an outbreak in Oregon of salmonella ness, our quality of life, and good jobs As I said before, I am willing to work poisoning from which over 700 people in the future. with my colleagues in addressing the suffered some illness. This outbreak The lifeline to our economy, con- best way to implement this proposal. was caused by members of a religious sumer spending, has been seriously We can shorten the applicable time- cult placing living bacteria in the salad dampened by the terrorist attacks frame from the original bill. We can bars of 10 different sites across the which occurred on September 11, 2001. look at a different credit level to make State. That is why I would like to bring the sure we get the maximum economic The ‘‘bio’’ part of biogerm warfare or attention of my colleagues back to a impact for minimum fiscal impact to biochemical warfare is the living orga- bill I introduced in March of this year, the Treasury. But I am convinced that nism, and that is what was inserted in the Educational Opportunity Tax Cred- combining consumer-oriented tax cuts the salad bars that caused the illness of it of 2001. This proposal will provide a with appreciation of what is really about 700 people. We know germ war- $1,000-per-child computer purchase tax going on in the technology sector can fare has been used, so the threat is credit which families can also use, not improve consumer confidence, accel- real. just to buy computers but printers, erate consumer spending, and provide But before people attempt to respond monitors, educational software, or the technology sector the revenues to this threat by rushing out and buy- Internet access. However, this tax cred- they need to reinvest and return our ing items, we need to put the threat of it would not apply to tuition at a pri- economy to strong growth and also bioterrorism in perspective. The over- vate school. This would provide the provide more good paying jobs for the all probability of a bioterrorist attack exact type of boost both consumer people of America. is low. I do not know exactly what that spending on durable goods and the Mr. President, I yield the remainder number is. In fact, we cannot put a spe- technology sector needs. Maybe we of my time, and I suggest the absence cific number on it, but the overall could limit this tax credit to 1 or 2 of a quorum. probability of a terrorist attack using years. Even with that limitation I The PRESIDING OFFICER (Mr. biology, bacteria, living organisms—is would estimate it would provide up- JOHNSON). The clerk will call the roll. low. However, it is increasing. It is now The assistant legislative clerk pro- wards of $20 billion in new consumer our number one or number two threat, ceeded to call the roll. spending. and, at least to me, it is clear that we Mr. FRIST. Mr. President, I ask Think of parents who have a child in are highly vulnerable in the event such unanimous consent that the order for school. If they could buy their son or an attack takes place. the quorum call be rescinded. The consequences of such an attack, daughter a computer or some periph- The PRESIDING OFFICER (Mr. erals, a printer, they would say: Gosh, whether it is with anthrax, smallpox, BINGAMAN). Without objection, it is so tularemia, pneumonic plague, nerve if I do it this year or next year, I will ordered. get a tax break for it. That will induce Mr. FRIST. Mr. President, I under- agents or blister agents, is huge. Why? that spending. stand we are in morning business. Because we are ill equipped. We are un- It clearly would induce computer and The PRESIDING OFFICER. We are in prepared. However, in saying that, we technology spending, especially if it is morning business. have to be careful that we do not be- available for 2 years, thus propelling come alarmists. People will have f the technology sector while also im- nightmares, will not sleep at night, and proving educational opportunities for THREAT OF GERM WARFARE AND the response should be the opposite. students. The fact is, experience shows BIOTERRORISM We need to recognize there are things that even a small, temporary reduction Mr. FRIST. Mr. President, I rise to we can do right now, first and fore- in taxes can bring about huge increases discuss an issue based on my observa- most, to develop a comprehensive bio- in computer sales. tions over the past week, an issue defense plan capable of preventing a In South Carolina, they had a sales clearly on the minds of many people, bioterrorist attack. Obviously, preven- tax holiday on computers for just 3 and that is the potential threat of tion should be our primary goal from days. CPU sales increased more than germ warfare and bioterrorism. Over the outset. We want to keep biological tenfold; 1,060 percent in those 3 days. the weekend, there was a lot of discus- weapons out of the hands of people who In the Commonwealth of Pennsyl- sion through the various media outlets are intent on destruction. At the same vania they eliminated the sales tax on about our broad vulnerability to ter- time we can be prepared—if these computers for 1 week. CPU sales in- rorism in the United States of Amer- germs and agents fall in the hands of a creased sixfold; 615 percent in that ica, in part based on intelligence and in potential terrorist—by preparing an ef- time. part based on the events of September fective response plan. Third, is the re- My Educational Opportunity Tax 11. sponse, an area called consequence Credit would not just impact computer Over the last week, many people have management, crisis management after sales but also software makers, Inter- rushed to obtain antibiotics and gas such an assault takes place. net access providers, printer, monitor masks to prepare for the threat of bio- Yes, the threat is real, but very low— and scanner manufacturers as well. terrorism or germ warfare—the threat a tiny probability, but growing. Why In South Carolina they realized a 664- that is posed by germs, bacteria—if vi- do I say growing? Because on Sep- percent and 700-percent increase in ruses fall into the wrong hands. Many tember 11 we witnessed a calamity the monitor and printer sales, respectively, people are concerned that given the likes of which have never been seen be- with only a 5-percent tax break. We powerful destructive ability of some of fore in the history of the world. It was know that consumer spending accounts these viruses, they could used in a way unexpected and unfathomable—using for two-thirds of all economic activity, that threatens not only all Americans, planes as bombs. We know those events which is largely flat and has been flat but all of civilization. were carefully planned out over a pe- this summer and weakening in the last A lot of people called me over the riod of years in a very sophisticated report in our economy. weekend, recognizing my interest in way that was obviously well financed. The Education Opportunity Tax this topic and recognizing I had par- Therefore, I will say it is growing be- Credit represents the right solution for ticipated in passing a bill called the cause we did not expect it, and because our economy. No. 1, it increases con- Public Health Threats and Emergency it has occurred several years after sumer spending on computers and re- Act which was passed in the year 2000. Khobar Towers and after the attack on lated technology. No. 2, it injects $20 People have asked if the threat of the USS Cole. So there is an increasing billion into the weakest and one of the bioterrorism is real? The answer is yes, threat of calamity and destruction.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18131 This threat is rising, secondly, be- today has emerged as the sole super- When you see 100 cases of flu, you do cause of scientific advances in areas power of the world. Without the cold not even think about pneumonic an- such as aerosolization. People talk war and the sort of balances and the thrax. So we need better training. about anthrax and how you cannot trade-offs and the push and the pull, We have underfunded the public really aerosolize it—that is, breaking the United States has become the tar- health infrastructure. Communities of it down into defined particles so it can get of many people who resent us, who fewer than 25,000 people are being be inhaled into the lungs—because 10 do not like us, who are jealous of us, served by public health units of which years ago we tried to do it and could and a lot of that fervor today will hit fewer than two-thirds have fax ma- not do it. However, over the last 10 the surface, or was hitting the surface chines or an Internet connection. The years there have been huge advances in more than 10 or 15 years ago in the ability to communicate between public this technology. Today we use middle of the cold war. health units once something is sus- nebulizers in hospitals to aerosolize So, the threat is real: low probability pected or identified between the public particles to get medication deep into but rising. health entities is absolutely critical. the lungs. We did not have that tech- Let me just close on an issue that has This communication infrastructure, at nology 10 to 15 years ago, but the tech- to be addressed, and that is this whole least from my standpoint, as a physi- nology has been developed. field of vulnerability. Why are we so cian, as someone who has dealt in Take perfume, for example. When one vulnerable today? We have heard re- treating the immuno-compromised goes through a department store, one cently that the Federal Government host through the field of transplan- can smell the perfume around. The has worked aggressively and compared tation for 20 years before coming to the technology of aerosolization has pro- to 4 years ago, there has been enor- Senate, is totally inadequate today. gressed rapidly over the last 10 to 15 mous improvement at the Federal There are four other things that we years. What we thought could not be level. We are investing money that was can do. The bill that we passed in this done 10 or 15 years ago can be done not being invested 4 years ago. We are body last year, the Public Health today because of advances in tech- organized. We have 12-hour push prod- Threats and Emergency Act, is a good nology. ucts that allow us to very quickly get first step. It addressed this prevention, Another example is airplanes spray- antibiotics and vaccine, although not it addressed this preparedness, and it ing chemicals. They say: Oh, those crop enough vaccine. We have a delivery addressed this third category of con- dusters cannot do it, but there are system that could be mobilized very sequence management. some dry chemical crop dusters that quickly. All of this is good. Unless we support our public health might be able to spray agents. We also know that at the Federal infrastructure, we cannot minimize the I have mentioned these examples be- level we are not nearly as coordinated vulnerability that is out there today cause science has changed and what we as we should be. Treasury, Defense, En- by training those first responders, by could not do years ago can be done ergy, and Health and Human Services making sure that coordination at the today. are all doing something, but according local level among various entities is in- In addition, the scientific expertise to the GAO report that came out last tact. This coordination is not there related to biochemical warfare is there. week, we need better organization and today because we have underinvested. A lot of people don’t realize that dur- better coordination to eliminate the Finally we must make sure that there ing the 1980s, well after a general pact duplication and to eliminate the pos- is coordination at the State level and in 1972 was agreed upon by really the sible conflicting messages that are sent then at the Federal level and then world, the Soviet Union set out in a from the Federal level. So, we can co- across the Federal level, and that there very determined and aggressive way to ordinate better. is appropriate coordination without du- develop biochemical weapons. The I am delighted that Governor Ridge plication. number one goal of this project was the has taken on this overall responsibility I will simply close by saying that development of pathogens that could because that is the first step toward now is not the time for individuals to kill. This was not a little, secret better coordination. go out and hoard antibiotics or to buy project. This project involved as many What really bothers me, when I say gas masks. Now is the time for us to as 7,000 scientists whose professional the vulnerability is high in spite of low come together and develop a com- being, through the 1980s in the Soviet probability, is that our public health prehensive biodefense plan that looks Union, was to develop these pathogens infrastructure has been woefully and first at prevention to make sure we and effective mechanisms for their de- inadequately underfunded over the last have the adequate intelligence, the ap- livery. really 15 years to two decades. propriate research in terms of viruses, With the fall of the Soviet Union 13 If there were a bioterrorist attack in terms of vaccines, and in terms of years ago, those scientists all of a sud- using germ warfare, what would hap- methods of early detection; second to den became unemployed. With no em- pen? Basically, you have to diagnosis, look at preparedness, to make sure we ployment available in the former So- you have to have good medical surveil- are stockpiling the appropriate anti- viet Union, those scientists have gone lance, you have to be able to assimilate biotics, that we have a sufficient num- elsewhere in the world. We do not know a response team, and you have to do in ber of vaccines, which we simply do not where they all are, but we do know it a rapid fashion. That is done through have today but we are working very that they spent their entire profes- our public health system. The dif- hard to get; and third that our con- sional life studying how to develop the ference between conventional weap- sequence management and crisis man- boichemical weapons that threaten us onry and bioweaponry is that bioweap- agement could handle what is called today. onry requires first responders that are the surge product, the rush of people to I say that because it is not beyond not just the firemen and the policemen, emergency rooms, in a straightforward the realm of possibility that those sci- which are so critical and whose cour- way. entists can be either hired or bought. age was so well demonstrated 21⁄2 weeks I am very optimistic. We are working All of this is in the public record, and, ago, but in addition the first respond- very hard over the course of this week again, I want to be very careful be- ers have to be the physicians, nurses, on how much money should be put into cause I do not want to be an alarmist. and the people who are managing the this effort. We had a good first step On the other hand, people need to real- public health systems today. last year in the Public Health Threats ize that from the technology and the Most physicians have never been and Emergency Act. I am very con- scientific standpoint, the expertise is trained to recognize smallpox or to rec- fident that the American public will be out there. ognize the pneumonic plague that af- very well served by this body and by The third area, and the reason why I fects the lungs or to recognize tula- the administration as we look at this say the risk is rising compared to 10 remia or the various types of food poi- critical area of biodefense. years ago, is that the United States soning. They have not been trained. I yield the floor.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18132 CONGRESSIONAL RECORD—SENATE October 1, 2001 The PRESIDING OFFICER. The Sen- ator from New Mexico, is the chairman to come together in an energy bill. It ator from North Dakota. of the Energy Committee on which I does not make sense, and in my judg- Mr. DORGAN. Mr. President, we are serve. We have been working for some ment, does not help do what we need to in morning business, is that correct? long while to try to find common do in the Senate to hold up a Defense The PRESIDING OFFICER. We are in ground to write a new energy bill for authorization bill so one can try to morning business. our country. It takes on new urgency offer an energy bill passed in the House f to write an energy bill, given what hap- of Representatives as an amendment to pened in this country on September 11, a Defense bill. That is not the right DEFENSE AUTHORIZATION given the threat of actions by terror- thing to do at this point. Mr. DORGAN. Mr. President, earlier ists that could thwart the opportunity How do we reconcile this? My hope is I was visiting with my colleague from to have energy flow to places in this those who are holding up the Defense the State of Idaho, who spent this country that need it. authorization bill will stop and say: weekend in his home State, and I brief- We need to do something with re- Let’s work together on a Defense au- ly described to him my travels in spect to not only energy security but thorization bill that makes sense for North Dakota. All of us serving in this energy supply and conservation and this country. We can do that. Congress, both the House and the Sen- more. How do we do that? We don’t do We are going to be sending men and ate, discover and understand a dif- that, it seems to me, by simply taking women into harm’s way in this coun- ferent spirit in this country since the a bill that was passed by the House of try. We probably already have. We cer- September 11 tragedies that occurred Representatives, and offering that as tainly will in the future. Yet we are as a result of the acts of terrorists. an amendment to a Defense bill in the not willing to pass a Defense authoriza- I was traveling down Interstate 94 in Senate, especially in a circumstance tion bill without offering extraneous North Dakota, on kind of a lonely where offering that as an amendment amendments? That is not fair. It is not space of that road, without a building holds up a bill as vital to this country the right thing to do. or town in sight. All I saw were prai- as the Defense authorization bill. I I attended a ceremony in North Da- ries and fenceposts. In the middle of urge my colleagues to allow Members kota on Friday in which I presented that vista was a single American flag, to move forward and deal with the medals that had been earned by World hoisted up on a fence cornerpost, gent- amendments on the Defense authoriza- War II veterans that they never re- ly blowing in the North Dakota morn- tion bill. ceived. Two were Bronze Stars for ing breeze—one single American flag. We have filed a cloture motion on the members of the 184th Division of the That morning, I was on my way to an Defense authorization bill to be voted North Dakota National Guard. They event in Hettinger, ND. There were on tomorrow, but it is troublesome fought 600 days in combat. They actu- perhaps 80 to 100 people who came to that we have to file a cloture motion to ally saved Guadalcanal. They got a let- this event in Hettinger, and the master try to shut off a filibuster, in effect, on ter from the Marine commandant say- of ceremonies asked that they open the a Defense authorization bill at this ing they wanted to make them hon- events with the Pledge of Allegiance. time and in this place in this country. orary marines. These were very brave, Following the Pledge of Allegiance, it We ought to move as one with a new battle-weary veterans when World War occurred to me that it was the first dedication of spirit and new determina- II was over. They were much decorated. time I had heard the Pledge of Alle- tion to pass legislation as important as One of the company commanders had giance by a group of people in which it this, without hanging it up with extra- several Silver Stars, several Bronze was something much more than recit- neous amendments. Stars. These were brave, brave Ameri- ing a pledge from memory. It was much Let me talk for a moment about en- cans. more about a pledge than it was about ergy. The energy amendment some of As I presented the medal to one of memory. my colleagues wish to offer to this De- them, he began to cry, thinking back All across this country, there is a fense authorization bill is not germane about what his contribution was to this sense of patriotism, a love of country, to this bill. It has nothing to do with country, what he had done with his that has sprung from these tragedies of this bill. This bill is about the Defense buddies, thinking back about the num- September 11, and that spirit invades Department and programs in the De- ber of friends he had lost in that Na- in a good way the work of the Senate fense Department. Is energy impor- tional Guard unit. and the House as well. We have had tant? Absolutely. Energy is an impor- As we now send men and women from more cooperation on a range of con- tant subject. There is a way to deal our country into harm’s way, what we troversial issues in the last couple of with energy policy in this country. All ought to do on defense policy, both weeks than I have seen in years in the Members know we need to produce with respect to the Defense Authoriza- Senate. more: produce more oil and natural tion Act and the Defense Appropria- I say that as an introduction. We are gas. We will do that. We all understand tions Act, is bring these bills to the now on a piece of legislation that is part of a comprehensive national en- floor of the Senate, work on them in a very important in a time of national ergy policy is not only production, but spirit of cooperation, and get them security interests and in a time in it is also conservation. Some have this passed. That says, with one voice, to which we have suffered these terrorist view that the only energy strategy those men and women in uniform in attacks. We have the Defense author- that exists in America is to dig and this country: We are going to give you ization bill before the Senate. It is drill. Just dig and drill and you will all the support you need to do what stuck. We cannot seem to move it. solve America’s energy problem. you need for this country to protect Why would we not be able to move We need to produce more. I will sup- and preserve our liberty and freedom. something as important as a Defense port additional production. That is We are asking them to find those ter- authorization bill at a time such as part of an energy policy we need. But rorists who committed these acts of this? Some Members of the Senate are we need conservation, efficiency, and mass murder against American citi- insistent on, among other things, hav- we need to include renewables and lim- zens, find those terrorists and punish ing an energy bill as an amendment to itless energy sources. All of those need them, and help prevent these terrorist this bill, including the energy bill that to be part of a balanced energy pro- attacks from ever occurring again. was passed by the House of Representa- gram. That is a dangerous job. tives on this Defense authorization If we develop an energy policy and President Bush has come to the Con- bill. bring it to the floor of the Senate, gress and said in a call to the American It is certainly the case we ought to which we should in my judgment, we people that he needs America to be uni- pass an energy bill in this Congress. I can have a discussion about the dif- fied. We should speak as one. We should don’t think there is much debate about ferent views of different Members of say to terrorists and those harboring that. The Presiding Officer, the Sen- the Senate about how that mix ought them around the world: This country

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18133 will not allow that to stand. We will conservatives and liberals, to join No longer is energy an issue of eco- find you and we will punish you. hands and see what we can do to pro- nomic stability. It is now, by a factor At this time and in this place, we vide some lift to this American econ- of 15 points, an issue of national secu- must, in support of the President and omy and give the American people rity. Why? Because the American peo- in support of the men and women who some confidence that tomorrow is ple now well understand we are nearly wear America’s uniforms, we must pass going to be better than today; that 60-percent dependent upon foreign oil, this Defense authorization bill and stop they can have confidence in the future. and a dominant amount of that oil what happened in the last week and a We will have economic growth and op- comes out of the Middle East. In fact, half, stop the blocking of this bill for portunity in this country’s future. just last week the OPEC ministers de- other issues. All of those are issues that have rela- cided not to turn down their valves to Then let’s come back and deal with tionships to each other. But let me just force up the price of crude oil because energy. I have great confidence in my come back to the point I was making they were afraid they would dump the colleague from New Mexico, Mr. BINGA- originally. We need to do business in world economy. That was exactly their MAN, who now chairs the Energy Com- this Senate the right way. The Defense thinking. I had a phone conversation mittee. My colleague waiting to speak, authorization bill ought to be passed. with our Secretary of Energy, Spence the Senator from Idaho, LARRY CRAIG, We ought not block that legislation. Abraham, who had gone to Vienna to is on the committee. We have a lot of Blockage of the Defense authorization talk to the ministers. They had con- good people on the Energy Committee bill has not been good for this country. cluded they would not force the price who can work together for a sensible Let’s back away, debate the issues that up by forcing the volume down. energy policy for this country. Then are relevant to that bill, pass that leg- If we are going to decide we cannot let’s debate that and have a conference islation, and then let’s move on to the deal with a national energy policy for with the House and proceed. Yes, we other critical issues our country faces. the next 3 or 4 months when in fact we have security issues with respect to en- I yield the floor. have already spent 2 years looking at ergy. Let’s proceed on those and do it The PRESIDING OFFICER. The Sen- policy before the committee—the Pre- ator from Idaho is recognized. in the regular order. We should write siding Officer, the chairman, has a bill that bill in the Energy Committee. f out, the ranking member has a bill out, One final point: We not only have se- THE DEFENSE AUTHORIZATION and there are other versions. We might curity threats with respect to terrorist BILL not be able to do a large bill that is acts in this country and all the secu- Mr. CRAIG. Mr. President, I come to fully comprehensive. But I believe in rity issues that related to that, we also the floor in morning business to talk this time, when America is asking us have some emergency issues dealing about National Public Lands Day, but to unite and stand together and has with this country’s economy. Some of before I do that I want to respond to said that energy is now a national se- that relates to energy, but some of it my colleague from North Dakota, ever curity issue of the utmost importance, relates to general economic cir- so briefly, to suggest that the Defense that we in the next 2 weeks on the En- cumstances in this country. authorization bill can and should move ergy Committee, if we chose to work 4 The question will be, in my judg- on the floor just as he said. or 5 days a week and have our staffs ment, for the next couple of weeks, There are not a lot of amendments working hard, could do just that: Will we need a stimulus package in that are holding it up, but there is one Produce a comprehensive energy bill, order to provide some lift to the Amer- important one—that has not yet been bring it to the floor, vote on it, and ican economy? Shall we develop an offered—in an effort to try to cause the begin to work with the House to find economic stimulus package? If so, what Senate to shape a direction and estab- out our differences. will that package be? Senator Daschle lish a time certain when the Senate If we recess in late October or early and I have written to a dozen or so of can debate a national energy policy. November—or adjourn, whatever our the leading economists in this country The Presiding Officer happens to be leadership decides—an energy bill last week, and we asked if they would chairman of the Energy Committee in ought to be on the President’s desk share in a letter an analysis of whether the Senate. He and I have worked long waiting for his signature. Any less per- they believe we need a stimulus pack- hours already, trying to determine formance than that is an inadequate age; if not, why not, and if so, what what might go into a national energy performance on the part of the Con- should that package include. policy bill that could come from his gress. I will release to my colleagues today authorizing committee. I think we do have that opportunity. a special report that describes the re- As we know, the House acted before The reason we have a colleague on the sponse of the leading economists in the the August recess on a national energy floor saying he wants to put one on the country in which they describe how policy. At that time, the American Defense authorization bill is to cause they believe we ought to proceed; what people said we ought to have a national the leadership of the Senate not to kind of stimulus package, if they be- energy policy for the stability and stonewall the issue but to give us a lieve we should have one, would pro- strength of our economy, because of time certain when that issue can come vide a lift to the American economy; the long-term need for energy, and, to the floor. what kind of an approach we should last, because of national security f use during this period. We have the needs. Federal Reserve Board working on Since September 11, there has been a THE VALUE OF PUBLIC LANDS monetary policies. They are obviously literally cataclysmic change in the Mr. CRAIG. If I could for a few mo- furiously trying to cut high interest thinking of the American people as it ments talk about something that is rates. We are working on fiscal policy relates to energy. Issues that once re- near and dear to my heart, that is pub- issues in the Congress. sided in the 35-percent positive range lic lands. My State of Idaho is 63-per- Specifically, the question with re- are now at 65-percent positive, relating cent public land. Last Saturday was a spect to fiscal policy is, Will we need a to certain aspects of energy and energy time for all Americans to recognize the stimulus package? And if so, what will development. I say that because in value we have in our public lands and a that package be? I will release that re- looking at a poll that was taken on De- time for all of us to give a little some- port this afternoon. It contains a fas- cember 15 and 16, the pollster told me— thing back, by volunteering a Saturday cinating analysis by the leading econo- the poll is still sequestered yet for cer- to lend a helping hand to improve our mists, including Nobel laureates, the tain purposes—that in his opinion the public lands. Last Saturday was Na- leading economic voices in America. events of September 11 changed the tional Public Lands Day. We need to get this right, as well. We mindset of the American public in a This year, National Public Lands need to work in a spirit of cooperation, greater way than ever in the history of Day focused on ‘‘Keeping the Promise’’ between Republicans and Democrats, modern-day polling. by asking Americans to come together

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18134 CONGRESSIONAL RECORD—SENATE October 1, 2001 to improve the nation’s largest re- road vehicles, hunt, fish, picnic, boat, That being said, I would like each of source, our public lands, and to honor swim, and the list goes on of the abun- my colleagues to think about how pub- the work and sacrifice of the members dance of recreation on these marvelous lic lands benefit their State and how of the Civilian Conservation Corps. lands. they might work to support the new They are unsung heroes who built Because the lands are owned by all of generation of Americans who are just over 800 of America’s national and us, the opportunity has existed for ev- beginning to find the wonders of our state parks. eryone to use the land within reason- public lands. Between 1933 and 1942, 3.5 million able limits. Last Saturday was National Public Corps members planted almost 4 billion However, times are changing. We are Lands Day, and many walked upon trees, and they built parks, roads, and in the midst of a slow and methodical those lands and rode water equipment hiking trails. attack on our access to public lands. on the lakes of those lands. Some even They laid the foundation for the pub- It started with the resources indus- cut down a few trees to make a home lic lands system that America enjoys tries. It will not stop there. or to provide saw timber to a sawmill. At the same time some radical today. Some were herding cattle on the public groups are fighting to halt all resource This year the Corps held their final lands of Idaho, taking them from the management on our public lands, they national reunion on National Public are working to restrict and, in some summer range to the fall range and Lands Day. cases, eliminate human access to our heading them home for the winter sea- The ceremony remembered the ef- public lands for recreation. son. Soon many will be hunting on the forts of the Civilian Conservation Corp Yes, we must manage our public public lands of the West—hunting the at Virginia’s Shenandoah National lands responsibly, which includes re- elusive elk, or the deer, or other forms Park, and the Corps Alumni symboli- strictions on some activities in some of wildlife species that are abundant cally passed the responsibility of car- areas. and managed both in balanced and pur- ing for public lands to a new genera- What we must not do is unreasonably poseful ways. tion of concerned citizens. restrict or eliminate certain activities. That is the great story of our Na- This year, this new generation to- Some people like to hike in tion’s public lands. It is not simply to taled approximately 50,000 volunteers, backcountry areas where they can find lock them up and look at them, to call who took some of their precious time peace and solitude while others prefer them, as medieval Europe once used to and performed over a million dollars to ride ATVs into the wilderness. call them, ‘‘the King’s land.’’ The lands worth of improvements to our public Some prefer to camp in more devel- of the public are not the King’s lands, lands. oped facilities while others prefer and they are not the Government’s I believe National Public Lands Day primitive spots. lands; they are the people’s lands. is an opportunity to build a sense of The point is that recreational oppor- These lands must be managed in a ownership by Americans—through per- tunities on our public lands should be way that ensures their environmental sonal involvement and conservation as diverse as the American public’s in- integrity while allowing all Americans education. terest. to enjoy them in their lifetime and in In recognition of National Public On the same note, we can use the their style. Lands Day and this sense of ownership natural resources we need in an envi- I yield the floor. we should all have for our public lands, ronmentally responsible manner and Mr. President, I suggest the absence I want to spend a few minutes today still have plenty of opportunities to of a quorum. and reflect on the value of our public recreate. The PRESIDING OFFICER. The lands and on what the future holds for In fact, recreation resource, and envi- clerk will call the roll. them. ronmental interests can team together The senior assistant bill clerk pro- There are around 650 million acres of to help each other out. In my own ceeded to call the roll. public lands in the United States. This State of Idaho, on the Nez Perce Na- Mr. LEVIN. Mr. President, I ask represents a major portion of our total tional Forest, representatives of these unanimous consent the order for the land mass. interests and many others have come quorum call be rescinded. However, most of these lands are con- together though a stewardship project. The PRESIDING OFFICER. Without centrated in the West, where as much These groups are working with the objection, it is so ordered. Forest Service to implement a project as 82 percent of a state can be com- f prised of Federal land. In fact, 63 per- that works for everyone and addresses cent of my own home state of Idaho is all of their needs in some fashion. DEFENSE AUTHORIZATION In order to achieve such success, each owned by the Federal Government. Mr. LEVIN. Mr. President, since we group has had to compromise to agree This can be beneficial, as our public were unable to reach agreement on a on a prescription that works for every- lands have a lot to offer. list of finite amendments to the De- one. No one gets their way all of the For starters, there is a great deal of fense Authorization Act last week, the time. resources available on our public leadership filed a cloture motion on This is just one example of differing the bill. The Senate will vote on clo- lands—from renewable forests to oppor- interests working together to help each ture on the bill at 10 a.m. tomorrow. I tunities to raise livestock to oil and other out and improve the opportuni- certainly hope the Senate will invoke minerals beneath the surface—public ties on our public lands for everyone cloture on the bill because we have so lands hold a great deal of the resources and to secure a sound environment. we all depend on and that allow us to We need to see more of this around many important items in this bill re- enjoy the abundant lives we live in this the country. lating to our national security. It is es- country. Public land management has become sential that we act in the Senate so we Having resources available on public embroiled in fights, appeals, and litiga- can go to conference with the House lands affords us the opportunity for a tion. The result is that the only ones and bring back a conference product. return on those resources to help fund who are winning are those who want to So far we have adopted 47 amend- government services, from schools to ensure we don’t use our public lands. ments to the bill. We have had two roads to national defense, and ease the This must stop. Differing interests rollcall votes. And one amendment has burden on taxpayers. have to come together and realize that been offered and then withdrawn. Over Just as important, though, is the we all have one common goal—use of the last few days of last week, and over recreation opportunities our public the land in a responsible and environ- the weekend, we and our staffs have lands offer. mentally sound manner. worked through more of the amend- Every day, people hike and pack into We can not continue to make the ments that have been filed on the bill. the solitude of wilderness areas, climb same mistakes of the past on these Senator WARNER and I have another rocks, ski, camp, snowmobile, use off- marvelous public lands. package of cleared amendments that

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18135 we will be offering later today in the all due haste to complete our work. citizens against a new world order of form of a managers’ package. We are The September 11 terrorist attack on rogue nations armed with ballistic mis- continuing to work to clear amend- the United States reordered our prior- siles and transnational terrorists who ments, and we expect to have more ities and imposed a new measure of ur- may very well be armed with chemical, cleared later this afternoon. I encour- gency on much of the business that is biological, and nuclear weapons. age Senators who have amendments to yet to come before the Senate. This is a major policy issue. That is bring them down and to work with our But in the heat of the moment, in the what it is—a major policy issue. I am staffs to try to get them cleared. crush of recent events, I fear we may not sure where I stand on the ABM Completing action on this bill tomor- be losing sight of the larger obligations Treaty, but I do know I am not pre- row would send a powerful signal to of the Senate. Our responsibility as pared to trade it in on a still-to-be-de- our allies and our adversaries around Senators is to carefully consider and veloped, still-to-be-proven national the world of our sense of national unity fully debate major policy matters, to missile defense program without giving and determination and of our strong air all sides of a given issue, and to act the matter a great deal of thought and support for our Armed Forces. Failure after full deliberation. Yes, we want to consideration. to complete action on this bill would respond quickly to urgent needs, but a The language that was dropped from send the opposite message. So I urge speedy response should not be used as the Defense bill would have provided all of our colleagues to put aside con- an excuse to trample full and free de- Congress the opportunity to vote on troversial issues that do not relate to bate. funding any missile defense expendi- this bill and to work with Senator I am concerned that the Defense bill ture that would violate the ABM Trea- WARNER and with me to complete ac- may be a victim of this rush to action, ty. It was a sensible provision, as I see tion on this important legislation. despite the respite offered by last it. I would have supported it, probably, The ranking minority member of the week’s delays. For example, the De- and I would have been eager to engage committee, Senator WARNER, is at the fense bill, as reported by the Senate in debate over it. Although I might White House with the President this Armed Services Committee, contained have little to say, I would still like to afternoon. We were scheduled to begin language conditioning the expenditure hear it. I would like to hear others. at 2 o’clock, but that meeting with the of missile defense funds on U.S. compli- That opportunity was given away to President obviously takes precedence. ance with the Antiballistic Missile avoid what? To avoid a debate that f Treaty, the ABM Treaty. I worry that some might have called divisive on this that language—which was somewhat bill. So be it. But having postponed RECESS controversial in committee and which that debate on this bill, we have an ob- Mr. LEVIN. So, Mr. President, I ask was only narrowly approved—was ligation to find another venue in which unanimous consent that the Senate dropped without a word of debate being to have that debate. And we should stand in recess until 3:15. At that time, uttered on the Senate floor. I under- have that debate sooner rather than we will be in this Chamber to discuss stand the reluctance to engage in divi- later. amendments that Senators might wish sive public debate at a time when we The resolution granting the Presi- to offer. And the managers will stay as are all seeking unity, but I caution dent the authority to use force to re- late today as is necessary to discuss that debate over such an important spond to the September 11 terrorist at- any of those amendments. subject as the ABM Treaty is not to be tack is another example of Congress I thank the Chair. lightly dismissed. There is no question moving quickly to avoid the specter of There being no objection, the Senate, about the unity. The unity is here. And acrimonious debate at a time of na- at 2:07 p.m., recessed until 3:16 p.m. and certainly, insofar as I am concerned, tional crisis. The resolution Congress reassembled when called to order by debate over an issue of this kind is not approved gives the President broad au- the Presiding Officer (Mr. DORGAN). going to be an apple of discord thrown thority to go after the perpetrators of Mr. LEVIN. Mr. President, I suggest into the mix. We may just happen to the terrorist attack regardless of who the absence of a quorum. disagree on some matters with respect they are or where they are hiding. I am The PRESIDING OFFICER. The to the ABM Treaty. not saying we ought to debate that ad clerk will call the roll. So I cannot understand why there infinitum, but at least we could have The legislative clerk proceeded to needs to be such ‘‘unity’’ that it would had 3 hours or 6 hours of debate. Why call the roll. require keeping our voices completely do we have to put a zipper on our lips Mr. BYRD. Mr. President, I ask unan- mute on a matter of this kind. It would and have no debate at all? imous consent that the order for the be no indication of disunity in this It also authorizes the President to quorum call be rescinded. country and our need to be unified in take all appropriate actions against The PRESIDING OFFICER. Without dealing with the terrorists or nations nations, organizations, or persons who objection, it is so ordered. that harbor terrorists. As a matter of aided or harbored those perpetrators. f fact, the mere fact that we would dis- In his address to Congress following agree on a matter before the Senate— the attack, President Bush vowed to USE OF FORCE AUTHORITY BY the ABM Treaty, for example—is no in- take the battle against terrorism to THE PRESIDENT dication of disunity when it comes to those persons, such as Osama bin Mr. BYRD. Mr. President, up until a facing the common foe. Not to me, at Laden; to those organizations, such as few days ago, the Senate was moving least. the Taliban; to those networks, such as with lightning-like speed to complete The Defense authorization bill pro- Al-Qaida, and to any nations that consideration of the Defense authoriza- vides up to $8.3 billion for missile de- acted as conspirators in the attack on tion bill. Complications arose last fense, including activities that may or the United States. week and slowed the bill down, but it may not violate the ABM Treaty in the I supported the resolution granting appears that the Senate may be poised coming months. Many experts believe the President the authority to use to shift back into high gear—or some- the ABM Treaty is the cornerstone of military force against the perpetrators thing like it—tomorrow and attempt to international arms control and that to of this terrible attack, and I applauded finish the bill. A cloture motion was abrogate or withdraw from the treaty his address to Congress and to the Na- filed last week. If cloture is invoked on can only lead to a new, dangerous, and tion. I note that the President wisely Tuesday, passage of the bill will be costly international arms race. Other drew lines of discrimination, specifying more nearly assured. experts, on the other hand, are of the that the punishment must be directed Clearly, the Senate has many opinion that the ABM Treaty has out- against those who are guilty of this weighty matters to consider, both in lived its usefulness, that it is a relic of crime, so that we cannot be accused of this bill and in other measures waiting the cold war that makes it impossible broadening our response to those who in the wings. We should proceed with for the United States to protect its were not involved in the September 11

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18136 CONGRESSIONAL RECORD—SENATE October 1, 2001 attack. Our resolve and our ferocity of Whereas, such acts continue to pose an un- specific statutory authorization within the response must carefully discriminate usual and extraordinary threat to the na- meaning of section 5(b) of the War Powers against the guilty, and surely if we do tional security and foreign policy of the Resolution. (2) Applicability of Other Requirements.— so, all men of reason, all nations of United States, Now, therefore, be it Nothing in this resolution supersedes any re- conscience, will support and applaud Resolved by the Senate and House of Rep- quirement of the War Powers Resolution. us. resentatives of the United States of America So, S.J. Res. 23 invokes the War Pow- I was reassured by the President’s re- in Congress assembled— ers Resolution. Quite an addition to marks. But as I delved more deeply And here is the resolving clause that the proposal that was sent to the Sen- into the resolution passed by Congress, was in the proposed legislation sub- ate from the White House. I began to have some qualms over how mitted by the White House to the Sen- The crux of the War Powers Resolu- broad a grant of authority Congress ate leadership— tion is that it provides specific proce- gave him in our rush to act quickly. That the President is authorized to use all dures for Congress to participate with Because of the speed with which it was necessary and appropriate force against the President in decisions to send U.S. passed, there was little discussion es- those nations, organizations or persons he forces into hostilities. Section 2(b) of tablishing a foundation for the resolu- determines planned, authorized, harbored, S.J. Res. 23 specifically invokes section tion. Because of the paucity of debate, committed, or aided in the planning or com- 5(b) of the War Powers Resolution and it would be difficult to glean from the mission of the attacks against the United further declares that nothing in S.J. record the specific intent of Congress States that occurred on September 11, 2001, Res. 23 supercedes any requirement of in approving S.J. Res. 23. There were and to deter and pre-empt any future acts of terrorism or aggression against the United the War Powers Resolution. after-the-fact statements made in the States. Section 5(b) of the War Powers Reso- Senate, and there was some debate in lution provides that the President That completes the proposed resolu- the House, but there was not the nor- must terminate any use of United tion the White House submitted to the mal level of discussion or the normal States Armed Forces after 60 days un- Senate leadership. Senators modified level of analysis of the language prior less Congress has declared war or has this text that was proposed by the to the vote that we have come to ex- enacted a specific authorization for White House to limit the grant of au- pect in the Senate. And so I think it is such use of United States Armed thority, and that limitation is ex- important to take a second look at S.J. Forces. S.J. Res 23 provides that au- tremely important because the resolu- Res. 23, to examine its strengths and thorization within the context of the tion also gives the President unprece- weaknesses, and to put on record the September 11th attack. intent of Congress in passing the reso- dented authority to wage war not only Let me read that again because the lution. against nations involved in the Sep- emphasis is on the word ‘‘that.’’ I am I am not sure we are doing that. Just tember 11 terrorist attacks, but also going to redo this. S.J. Res. 23 provides as this is my speech, just as it is one against individuals and organizations. that authorization—that we have just Senator’s observations, those observa- The resolution as passed by the Sen- read about—within the context of the tions might have been worth a little ate on September 14 is as follows: September 11 attack. more had we made them before we S.J. Res. 23. Whereas, on September 11, Those persons, organizations or na- passed that resolution in such a great 2001, acts of treacherous violence were com- tions that were not involved in the mitted against the United States and its September 11 attack are, by definition, hurry. citizens; and Two aspects of the resolution are Whereas, such acts render it both nec- outside the scope of this authorization. key: First, the use of force authority essary and appropriate that the United By signing S.J. Res 23 into law, as he granted to the President extends only States exercise its rights to self-defense and did on September 18th, it would seem to the perpetrators of the September 11 to protect United States citizens both at that the President explicitly, or at attack. It was not the intent of Con- home and abroad, and least implicitly, accepted the terms of gress to give the President unbridled Whereas, in light of the threat to the na- the Resolution, including the con- authority—I hope it wasn’t—to wage tional security and foreign policy of the straints imposed by the War Powers United States posed by these grave acts of Resolution. war against terrorism writ large with- violence, and out the advice and consent of Congress. Whereas, such acts continue to pose an un- However, as clear as the language ap- That intent was made clear when Sen- usual and extraordinary threat to the na- pears on its face, it is noteworthy that ators modified the text of the resolu- tional security and foreign policy of the President Bush, like other presidents tion proposed by the White House to United States, before him, including his father, spe- limit the grant of authority to the Sep- Whereas, the President has authority cifically noted in the statement he tember 11 attack. under the Constitution to take action to issued when he signed the resolution Let me at this point read into the deter and prevent acts of international ter- that despite his signature, he main- rorism against the United States. tains ‘‘the longstanding position of the RECORD the original text of proposed Resolved by the Senate and the House of joint resolution submitted to the Sen- Representatives of the United States of executive branch regarding the Presi- ate leadership by the White House on America in Congress assembled: dent’s constitutional authority to use September 12 this year of our Lord, Section 1. Short Title. force, including the Armed Forces of 2001. And I read it: ‘‘Joint resolution.’’ This joint resolution may be cited as the the United States and regarding the The title: ‘‘To authorize the use of ‘‘Authorization for Use of Military Force’’. constitutionality of the War Powers United States Armed Forces Against Sec. 2. Authorization for Use of United Resolution.’’ Those Responsible for the Recent at- States Armed Forces. Every President since the enactment (a) That the President is authorized to use of the War Powers Resolution in 1973 tacks Lunched Against the United all necessary and appropriate force against States.’’ those nations, organizations, or persons he has taken the position that the War Whereas, on September 11, 2001, acts of determines planned, authorized, committed, Powers Resolution is an unconstitu- treacherous violence were committed or aided the terrorist attacks that occurred tional infringement of the President’s against the United States and its citizens; on September 11, 2001, or harbored such orga- constitutional authority as Com- and nizations or persons, in order to prevent any mander in Chief to deploy U.S. forces Whereas, such acts render it both nec- future acts of international terrorism into hostilities. essary and appropriate that the United against the United States by such nations, This does not mean that President States exercise its rights to self-defense and organizations or persons. Bush will use that argument to com- to protect United States citizens both at (b) War Powers Resolution Require- pletely shut Congress out of the proc- home and abroad, and ments.— Whereas, in light of the threat to the na- (1) Specific Statutory Authorization.— ess of deploying troops where hos- tional security and foreign policy of the Consistent with section 8(a)(1) of the War tilities are taking place or imme- United States posed by these grave acts of Powers Resolution, the Congress declares diately threatened to take place. But it violence, and that this section is intended to constitute does mean that President Bush, like

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18137 his predecessors, is likely to use that cific authority. He has that inherent for it otherwise. I had no time to study argument to consult with Congress and power under the Constitution, but he it. I was busy in my Appropriations report to Congress on his own terms may not exercise it without triggering Committee working on the bill appro- and his own timetable instead of the the reporting and termination require- priating $40 billion, so I had no time terms and timetable spelled out in the ments of the War Powers Resolution. whatever to participate in the study war powers resolution. In his address to Congress, the Presi- and modifications of that resolution. Last week, President Bush submitted dent cited organizations which are But it was considerably modified. So his first report to Congress on the new known terrorist organizations in the there was considerable modification U.S. Campaign Against Terrorism. In world. Regardless of their history, if made to the text originally proposed. his letter, the President said, ‘‘I am those organizations were not involved In an effort to achieve the goal of en- providing this report as part of my ef- in the September 11 attack, they fall abling the President to wage war, as he forts to keep the Congress informed, outside of the broad grant of authority calls it, against those responsible for consistent with the war powers resolu- provided by the Congress for the Presi- the September 11 attack on the United tion and Senate Joint Resolution dent to act in S.J. Res 23. States, while ensuring that the war 23. . . .’’ While the intent may have I am not making the case for them cannot be broadened to encompass been to inform, the letter was decid- by any means. I am simply saying that other targets without the knowledge edly lacking in details. Notwith- we in the Senate should have had some and the consent of Congress, whether standing the requirement of the War things to say publicly about this reso- those modifications went far enough, Powers Resolution, the President pro- lution before we passed it. whether the resolution ultimately vided no details on the proposed scope We should have had some debate. The adopted by Congress accomplishes pre- and duration of the deployment. The President could take action against cisely what we wish to accomplish, we only indication of a timetable was the them if he deemed it necessary, but have yet to know with certainty. president’s assertion that the cam- such action would trigger the War The President has declared ours to be paign against terrorism ‘‘Will be a Powers Resolution, wouldn’t it? By a nation at war with global terrorism. lengthy one.’’ law, the President would have to report We have united behind him in this hour Mr. President, I ask unanimous con- to the Congress on any actions he of crisis, but we remain mindful of the sent that a copy of the President’s re- might take in regard to those organiza- somber history of this nation, of the port to Congress be included in the tions, and seek new specific authoriza- blood that has been shed over the cen- RECORD following these remarks. tion from Congress if he planned to en- turies to protect and defend the ideals The PRESIDING OFFICER. Without gage in military action for more than enshrined in our Constitution. We objection, it is so ordered. 60 days. But will he? Will he? must, therefore, be as constant in our (See Exhibit No. 1.) The intent of the use of force author- vigilance of the Constitution as we are In short, what appeared to be crystal ization Congress approved in the after- strong in our battle against terrorism. clear to Congress when it passed the math of the attack on America is clear. I urge my colleagues to keep clearly use of force resolution appears to be a It is firmly anchored to those individ- in mind their fundamental responsi- matter of very different interpretation uals, organizations, or nations who bility to support and defend the Con- to the President. I wonder, in retro- were complicit in the September 11th stitution. That is the oath we took spect, if a few hours, or indeed if a very attack. Extended operations against with our hands, at least figuratively few hours, of searching debate and a other parties or nations not involved in speaking, on the Bible ‘‘so help me little more research prior to the pas- the attack would require—or would it— God.’’ Every one of these Senators took sage of S.J. Res. 23 might not have re- additional specific authorization be- that oath, a fundamental responsibility sulted in a more clearly defined grant yond the 60 day period provided for in to support and defend the Constitution of power. We may never resolve the po- the War Powers Resolution. Whether and to fully and fairly debate the litical tension between the executive the language of S.J. Res. 23 adequately major policy issues of the moment be- and legislative branches over the con- supports the intent is another matter. cause this is going to be a long time. stitutional division of war powers, but Mr. President, it may seem to some Whatever powers we cede will have we might have been able to better clar- as though I am belaboring a fine been ceded for a long time, perhaps. ify the intent of S.J. Res. 23. Such clar- point—splitting hairs, if you please— As we move through the rest of this ity is important. during a time of national crisis. One session of Congress, let us stop, let us This is not a matter that no lack of need not be mistaken about it—I sup- look, let us listen, listen to what our goodwill will end tomorrow, or a week port our President in his efforts to hearts are telling us. Let us listen to from tomorrow, or perhaps a year from bring to justice the evildoers who at- what this Constitution is telling us. tomorrow. This resolution, such as the tacked the United States on September Let us act as expeditiously as possible use of force resolutions granted in the 11th. Congress has clearly dem- on the urgent matters before us, but past, has no sunset clause. These reso- onstrated its resolve and its unity in let us also act with calm, careful, and lutions remain in force unless Congress that regard. I don’t think anyone need thorough deliberations. repeals them. For all we know, this have any doubts about that. But I have EXHIBIT NO. 1 President could just simply dust off, also taken an oath to protect and de- ORIGINAL TEXT OF PROPOSED JOINT RESOLU- just that easy—dust it off; dust it off— fend—so has every Senator in this TION SUBMITTED TO THE SENATE LEADERSHIP dust off the 1991 gulf war resolution. body—the Constitution of the United BY THE WHITE HOUSE, SEPTEMBER 12, 2001 The President could just as easily dust States. Article I Section 8 of the Con- Joint resolution to authorize the use of off the 1991 gulf war resolution which stitution grants to Congress the exclu- United States Armed Forces against those granted use of force authority to his fa- sive power to declare war. In taking responsible for the recent attacks launched against the United States ther, to cite congressional authority to any action to cede that authority to Whereas, on September 11, 2001, acts of sweep Iraq into the current conflict re- the Executive Branch, Congress must treacherous violence were committed gardless of whether it had anything to act with extreme care and caution. against the United States and its citizens; do with the September 11 attack. Despite the speed with which Con- and The President, of course, does have gress passed S.J. Res. 23, an effort to Whereas, such acts render it both nec- limited authority under the War Pow- inject care and caution into the process essary and appropriate that the United ers Resolution to prosecute terrorist was certainly made. The ramifications States exercise its rights to self-defense and organizations that operate against our of the proposed resolution sent here by to protect United States citizens both at home and abroad, and interests and the interests of all peace- the White House were weighed and Whereas, in light of the threat to the na- loving nations. He has that power re- they were considered. Important modi- tional security and foreign policy of the gardless of whether Congress has fications were made to the text origi- United States posed by these grave acts of passed a resolution granting him spe- nally proposed. I would not have voted violence, and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18138 CONGRESSIONAL RECORD—SENATE October 1, 2001 Whereas, such acts continue to pose an un- ists hijacked four U.S. commercial airliners. Mr. WARNER. I associate myself usual and extraordinary threat to the na- These terrorists coldly murdered thousands with those remarks from a member of tional security and foreign policy of the of innocent people on those airliners and on the Senate Armed Services Committee. United States, the ground, and deliberately destroyed the Now, therefore, be it towers of the World Trade Center and sur- We are pleased that he has continued Resolved by the Senate and House of Rep- rounding buildings and a portion of the Pen- this long association, although his du- resentatives of the United States of America in tagon. ties are very heavy in other areas. It is Congress assembled, That the President is au- In response to these attacks on our terri- interesting that only John Stennis was thorized to use all necessary and appropriate tory, our citizens, and our way of life, I or- ever chairman of the Appropriations force against those nations, organizations or dered the deployment of various combat- Committee and also served on the Sen- persons he determines planned, authorized, equipped and combat support forces to a ate Armed Services Committee. He was harbored, committed, or aided in the plan- number of foreign nations in the Central and ning or commission of the attacks against Pacific Command areas of operations. In the a great and dear friend of yours, we the United States that occurred on Sep- future, as we act to prevent and deter ter- know, and teacher to all Members. tember 11, 2001, and to deter and pre-empt rorism, I may find it necessary to order addi- We thank our colleague for this very any future acts of terrorism or aggression tional forces into these and other areas of important speech he has given today. against the United States. the world, including into foreign nations Mr. BYRD. If the Senator will yield, where U.S. Armed Forces are already lo- I thank my friend from Virginia, the S.J. RES. 23 cated. State which gave to our country (Passed by the Senate, September 14) I have taken these actions pursuant to my constitutional authority to conduct U.S. for- George Washington and James Madi- Whereas, on September 11, 2001, acts of eign relations and as Commander in Chief son, the father of the Constitution. I treacherous violence were committed and Chief Executive. It is not now possible to thank him very much. against the United States and its citizens; predict the scope and duration of these de- Mr. WARNER. I thank my good and Whereas, such acts render it both nec- ployments, and the actions necessary to friend and colleague. essary and appropriate that the United counter the terrorist threat to the United Mr. LEVIN. Mr. President, the Sen- States. It is likely that the American cam- States exercise its rights to self-defense and ator from West Virginia has made ref- paign against terrorism will be a lengthy to protect United States citizens both at erence to two actions we have taken in one. home and abroad, and I am providing this report as part of my ef- the Senate. I would like to comment Whereas, in light of the threat to the na- forts to keep the Congress informed, con- briefly on both. tional security and foreign policy of the sistent with the War Powers Resolution and First, on the second action we took, United States posed by these grave acts of Senate Joint Resolution 23, which I signed giving the President authority to re- violence, and on September 18, 2001. As you know, officials Whereas, such acts continue to pose an un- spond to the attacks of September 11, of my Administration and I have been regu- usual and extraordinary threat to the na- the Senator did us a great service by larly communicating with the leadership and tional security and foreign policy of the laying out the version of that resolu- other Members of Congress about the actions United States, we are taking to respond to the threat of ter- tion with which we started and the Whereas, the President has authority rorism and we will continue to do so. I appre- version with which we ended. I made under the Constitution to take action to ciate the continuing support of the Congress, the same effort that day we voted on deter and prevent acts of international ter- including its passage of Senate Joint Resolu- it, but I do not believe I actually put rorism against the United States. Resolved by the Senate and the House of Rep- tion 23, in this action to protect the security the drafts in the RECORD. I made ref- of the United States of America and its citi- resentatives of the United States of America in erence to them, but I think that per- zens, civilian and military, here and abroad. Congress assembled. haps this is the first time the actual Sincerely, SECTION 1. SHORT TITLE. draft we began with is in the CONGRES- GEORGE W. BUSH. This joint resolution may be cited as the SIONAL RECORD. I think that is a very The PRESIDING OFFICER. The ‘‘Authorization for Use of Military Force’’. important service. SEC. 2. AUTHORIZATION FOR USE OF UNITED Chair recognizes the Senator from Min- The resolution we adopted, as the STATES ARMED FORCES. nesota. Senator from West Virginia said, is (a) That the President is authorized to use Mr. WELLSTONE. I know the Sen- much narrower in terms of its author- all necessary and appropriate force against ator from Michigan said he wanted to those nations, organizations, or persons he speak. I am anxious to respond to some ity. The draft we began with, that the White House submitted to us, had un- determines planned, authorized, committed, of what Senator BYRD said. I ask unan- or aided the terrorist attacks that occurred imous consent I be allowed to follow precedented broad authority, far too on September 11, 2001, or harbored such orga- the Senator from Michigan. broad for most of us. It was unlimited nizations or persons, in order to prevent any by time and by other limits, as to what future acts of international terrorism The PRESIDING OFFICER. Without objection, it is so ordered. the President could do in response to against the United States by such nations, these attacks. organizations or persons. Mr. LEVIN. I thank my good friend (b) WAR POWERS RESOLUTION REQUIRE- from Minnesota. The final resolution we adopted pro- MENTS.— While Senator BYRD is on the floor, vided that the authority granted to the (1) SPECIFIC STATUTORY AUTHORIZATION.— let me thank him for another of a long President is to respond to the attack of Consistent with section 8(a)(1) of the War series of pleas that we be aware of our September 11—not to some unspecified Powers Resolution, the Congress declares responsibility under the Constitution future attacks but to that particular that this section is intended to constitute of this country, particularly when it attack of September 11, and also, as specific statutory authorization within the the Senator from West Virginia said, meaning of section 5(b) of the War Powers comes to issues of war and peace. Sure- Resolution. ly the cautionary language of the great made specific reference and inclusion (2) APPLICABILITY OF OTHER REQUIRE- Senator from West Virginia is some- by reference to the provisions of the MENTS.—Nothing in this resolution super- thing which I hope all Members will War Powers Act. sedes any requirement of the War Powers heed. Those and other changes in the lan- Resolution. I, personally, treasure the copy of the guage of the resolution were signifi- Constitution which he has autographed cant. Our good friend from West Vir- THE WHITE HOUSE, for me. I have it on my desk, and I look ginia pointed out that there was much OFFICE OF THE PRESS SECRETARY, at it constantly. It is not quite as close greater care and caution—to use his September 24, 2001. to my heart as the Constitution which words—in the final resolution we LETTER TO CONGRESS ON AMERICAN CAMPAIGN the Senator from West Virginia carries adopted. I hope history proves that AGAINST TERRORISM (Text of a Letter from the President to the with him at all times, but it is always those of us who worked so hard on that Speaker of the House of Representatives a few feet away from me when I sit at final resolution indeed used enough and the President Pro Tempore of the Sen- my desk. I thank him for again point- care and caution to satisfy the require- ate) ing out to the Senate the responsibility ments of the Constitution and just DEAR MR. SPEAKER: (DEAR MR. PRESIDENT:) we have in these particularly difficult good common sense. But history will On the morning of September 11, 2001, terror- days. judge that one—and I hope will judge it

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18139 well—because the differences between whether or not that would make it pos- more and more nuclear material on the original draft resolution submitted sible for us to preserve that language Russian soil subject to proliferation, to us and the one we adopted are in- in a totally different environment or subject to pilferage, it struck me and deed significant changes, major whether or not it would make it more strikes me that unilateral withdrawal changes. difficult to preserve language which I, leaves us, overall, less secure. As a matter of fact, I want to give as its author, thought was very signifi- That is why I worked so hard on get- our staff some real credit because they cant, very important language. ting that language included. I thought, worked through the night with us in There are many Members of this if Congress is going to provide the order to craft those changes which we body who have devoted large amounts funds for that kind of activity that were then able to adopt unanimously of time to arms control issues, includ- leads to the unilateral withdrawal from in the Senate. ing the chairman of the Foreign Rela- an arms control treaty, Congress On the first matter the Senator from tions Committee, but I must say I have should take the responsibility, under West Virginia raised, which was the spent a good deal of time in my career that oath to uphold the Constitution of language which was in the original bill working on these arms control issues, the United States, to know what we are on national missile defense—as a mem- so this became a very significant issue doing. ber of the Armed Services Committee I to me. I believe this unilateral with- That was the driving force behind the know he is familiar with this history— drawal from the arms control agree- language I drafted. So that language let me recount it for those who are not ment will make us less secure and not comes in the bill that is now being con- members of the committee. more secure. If I thought unilateral sidered on the floor giving Congress the As chairman of that committee, we withdrawal from this treaty would opportunity to have a voice before asked the White House and the admin- make us more secure, I would favor the funds it appropriates are used for that istration to tell us whether or not the unilateral withdrawal. I would give no- purpose. It gives us an opportunity to activities for which they were request- tice to withdraw if I believed it would know that in fact the funds are going ing funding, the test activities for mis- make us more secure—because that is to be used for an activity which con- sile defense, were consistent with the the issue. We are not here to defend a flicts with the Anti-Ballistic Missile ABM Treaty or would conflict with the treaty; we are here to defend the coun- Treaty. ABM Treaty. We made many requests try. In my judgment, the unilateral Then came the event of September for that information, and we never re- withdrawal from this treaty would re- 11. The argument which the opponents ceived the answer to it. sult in such a negative reaction on the of my language made was that my lan- That is critically important informa- part of a number of countries that guage tied the hands of the Commander tion because if we, as the appropriators would respond to that withdrawal that in Chief, because no longer could he and authorizers, are going to put funds overall, on balance, we would end up move on his own without authority for into a bill for testing activities which being less secure, and we would do so in appropriations; he would have to first are in conflict with an arms control order to commit ourselves to testing a come back to us for that authority. Frankly, I don’t think that argument agreement and which could have huge system which is a defense against the comes close to outweighing the argu- ramifications in terms of our own secu- least likely means of attack, a missile ments on the other side of this issue. rity, in the view of many of us result- attack. Nonetheless, in that environment I ing in a unilateral withdrawal which We have been told by the Joint Chiefs reached the conclusion that that argu- over and over again that the least like- could make us less secure rather than ment was going to prevail and it was ly way we would be attacked, the least more secure—if we are going to take not the time, immediately following likely delivery system for a weapon of that action as a Congress to appro- the events of September 11, for that ar- mass destruction, would be a missile. priate those funds, we should do so gument to be resolved. knowingly. The most likely means would be a It was a very practical judgment on We could not get that information. truck or a ship, some more conven- my part as its author that it was about And so, as chairman of the committee, tional means—for a number of reasons, the worst time we could possibly pick— I drafted language which gave us an op- one of which being those conventional not that it was the time of our choos- portunity down the road, if and when means—trucks, ships, whatever—are ing, but it would have been the worst the administration determined that more accurate, cheaper, and—critically time to have a debate which had such the testing activities conflicted with important—do not have what we call a crucial importance. It struck me as the Anti-Ballistic Missile Treaty— return address like a missile. A missile being far preferable that we preserve would give us the opportunity to vote attack would lead to the instantaneous our opportunity to present this issue whether or not we approved such ex- destruction of any country that at- later in a separate bill that went on penditures. tacked us, including North Korea. And the calendar and that the majority If we couldn’t find out then, if we since the maintenance of their regime leader could then attempt to call up. couldn’t get that information to allow is their No. 1 goal in North Korea, ac- That language is now part of a bill that us to make that kind of an informed cording to our intelligence community, is on the calendar which the majority judgment, then I thought it was criti- it is very unlikely that North Korea leader can at a later point call up. cally important to have that informa- would attack us with a missile. It Will it be more difficult for him to tion so we could at a later point decide would lead to their instantaneous, or call it up than it would have been whether or not we would approve that almost instantaneous, destruction. under the language had it remained expenditure. We won that argument by So I believe that to unilaterally embedded in the bill? The answer is one vote in the Armed Services Com- withdraw from a treaty in order to put yes, it will be more difficult because he mittee. I was disappointed that all of us closer to a defense against the least will have to move to proceed if he can- our Republican colleagues voted likely means of attack, and doing so not get the unanimous consent. against it. We were then informed that unilaterally, which would produce a re- But given the fact that the President if that language remained in the bill, action on the part of a number of coun- was going to veto this bill and there- the bill would be vetoed by the Presi- tries, including Russia and China, fore this language was not going to end dent. So we started with that premise. which would overall make us less se- up in this bill in any event even if it That doesn’t mean the language was cure since they would build up their survived the Senate, and there were not the right language. In my judg- forces faster, they would not dismantle those of us who had very strong feel- ment, it was and is the right language. their weapons as Russia is doing, they ings about the importance of avoiding But what it means is that we knew the would put multiple warheads on mis- a unilateral rift in a strategic relation- bill would be vetoed. siles—called MIRVing—they would no ship with Russia that has produced Then came along the events of Sep- longer participate in dismantling such stability, and for such little ad- tember 11, and the question was then weapons, which means we would have vantage, I made the judgment that it

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18140 CONGRESSIONAL RECORD—SENATE October 1, 2001 would be wise to preserve that argu- As I said on the floor prior to the ac- Mr. WARNER. May I also inquire of ment by placing it in a separate bill tion we took, we should leave this de- the chairman and the Senator from that the majority leader at least could bate for a later time; and, I must add, Minnesota, our colleague from Con- attempt to call up at a later date and as I have tried to say a number of necticut has an amendment directly re- which would be on the calendar. But times since, at a time when I think we lated in some respects to aspects of the what I saw otherwise was that this lan- have a better chance of arguing the bill—— guage was going to be removed by a pros and cons of our position in an en- Mr. WELLSTONE. Mr. President, I vote of the Senate, and having an vironment where we at least maximize have been here a long time, and I asked added disadvantage that we would be our opportunity to prevail. That unanimous consent to follow Senator debating a security issue showing dis- doesn’t mean I am confident that we LEVIN. I will speak and try to cover the unity at a time when we wanted to will. I hope we will prevail if and when topic, and then I will yield the floor. have unity. that moment comes. At least I believe Mr. LEVIN. Mr. President, if the Sen- That was but one factor in my think- we have a greater opportunity when ator will yield for one additional unan- ing, the other factor being that, as a the debate takes place at a later time imous consent request, I ask unani- matter of timing, this issue should be and in a different setting than we do in mous consent that following the re- debated at a time when at least there the short term. marks of the Senator from Minnesota, would be a fairer opportunity and a I thank my friend from Minnesota. I we return to the consideration of the setting separated from the events of have taken more time than I told him bill and that Senator DODD be imme- September 11 where the argument that I would take. diately recognized to offer an amend- we were tying the hands of the Com- Mr. WARNER. Mr. President, if I ment. mander in Chief would have less of an might take a few minutes, I think it is Mr. WARNER. Again, reserving the emotional impact. important that the RECORD of the pro- right to object, we do have a stack of I may have been right; I may have ceedings today also make reference to agreed-upon amendments. As soon as been wrong. But it was a judgment the fact that I and many others believe we get that behind us, our staffs can which I expressed to the body before that the events of September 11 spoke devote their time to additional amend- the actions were taken. I indicated volumes for the President’s position ments. that prior to those actions being taken that we should not at this time be in So I ask the Senator from Con- where we divided this language and put any way less than forceful in trying to necticut, how much time will he want it into a separate bill, we should leave explore all the options to develop a for the presentation of his amendment this debate to a later time. limited defense system protecting this and such rebuttal or concurrence that Those are key words which are some- Nation against a limited attack such may be made or voiced by other col- times forgotten. This debate has not as future generations, when they look leagues? Then we can get some better gone away. It will not go away. I be- back at this hour of tragedy, will say idea how soon we can return to the lieve it is very unlikely that the Presi- that our country did not move forward issue of amendments. dent under these circumstances is on all fronts. None of this would have Mr. DODD. Mr. President, if my col- going to withdraw unilaterally from been envisioned. We did not envision league and friend from Virginia will this treaty. the tragedies of September 11. In many yield, I anticipate taking no longer That is my own judgment. Surely the respects, some still cannot envision than 15 minutes myself. Others may events of September 11 have made it so that this country needs a defense want to be heard. clear that collective action against ter- against limited attack. Just for the purpose of letting Mem- I must say yes, I accept my distin- rorism and collective action for our se- bers know, this will be an amendment guished chairman’s statement to the curity is essential and that unilateral for which, frankly, the chairman and effect that he made certain decisions. I action on our part is not going to make ranking member are very much respon- commend him for it. But I believe sev- us secure, we need a lot of other coun- sible; and that is the fire assistance eral of us had spoken to him in the tries to join with us if we are going to program in which we are dedicating, in context of what was going to be under- be secure. Acting unilaterally to with- this case, to the 350 or so firemen who taken had that decision not been draw from an arms control treaty in reached by our chairman. lost their lives in New York on Sep- this setting it seems to me is highly I inquire of the chairman: We want to tember 11, and those who fought here unlikely. have our colleague have his oppor- at the Pentagon, to increase the au- I know that the White House and the tunity to speak here momentarily. thorization levels. President say they are determined to Could we get some time estimate be- Others may want to be heard on that. get beyond the ABM Treaty, as they cause work is being done on this side. On my part, 15 minutes ought to be put it. But surely these events have Mr. LEVIN. The Senator from Min- more than adequate. shown that we need to act collectively nesota was kind enough to allow me to Mr. WARNER. On that subject, while in a civilized world against the uncivi- precede him, although he was recog- I personally am supportive of the goals lized terror which has been perpetrated nized first so we could comment on of the amendment, I must reserve the and inflicted upon us. Senator BYRD’s comments. It would rights of Senators on this side, particu- I again thank my friend from West now be up to the Senator from Min- larly those on the Commerce Com- Virginia. I don’t know of anybody in nesota. mittee. I would presume that the chair- this body who more eloquently and Mr. WELLSTONE. Mr. President, I man and ranking member may desire more consistently describes the respon- probably need about 20 minutes. to at least address the Senate on this sibilities of this body. I have outlined Mr. LEVIN. Mr. President, I ask matter prior to any final action on the in the best way I can what I believe my unanimous consent that after the Sen- Senator’s amendment. responsibility is and what my responsi- ator from Minnesota concludes his re- Mr. DODD. I say to my friend, we bility was. marks we then return to consideration have notified the Commerce Com- My committee made a decision and of the bill. mittee about this amendment. Again, I the Senate made a decision after we de- Mr. WARNER. Mr. President, reserv- think they understand that given the scribed the language that was in this ing the right to object, is the subject constraints remaining for us to offer a bill. I think we made the right deci- matter of the address of the Senator freestanding proposal, and given the sion. It allows those of us who believe from Minnesota relevant to the pend- history of this bill associated with the strongly in the importance of avoiding ing matter before the Senate; namely, DOD bill, I will leave it to them to ad- a rift in a relationship and a unilateral the Armed Forces bill? dress it themselves. But we have talked withdrawal from an arms control trea- Mr. WELLSTONE. That is correct, about it. ty—it is consistent with our beliefs—to although I want to respond to Senator Mr. WARNER. I say to my distin- preserve this argument for a later date. BYRD’s statement. guished chairman, I would presume

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18141 then that this amendment would have following the statement of the Senator I hope will be part of the Defense au- a rollcall vote sometime tomorrow. from Minnesota, we return to the De- thorization bill. But as long as we are Mr. DODD. Right. fense authorization bill and Senator talking about the resolution for a mo- Mr. WARNER. Would you permit me DODD be recognized to offer an amend- ment, I want to borrow from a piece I to incorporate in your UC a request ment. just finished writing. I will not go that 30 minutes be granted to the The PRESIDING OFFICER. Is there through the whole piece, but that deals chairman and ranking member of the objection? with the humanitarian catastrophe Commerce Committee prior to any Mr. WARNER. Reserving the right to that is now taking place in Afghani- vote on the amendment by our col- object, could that be 15 minutes? stan. I think it is relevant to talk league from Connecticut? Mr. LEVIN. Just to offer it. about this. Mr. DODD. The only request I would Mr. WARNER. He wanted 15 minutes You have a situation on the ground make is this amendment be considered to offer it, which is fine. I have no ob- that is unimaginable: 4 years of relent- prior to the cloture vote. jection, but I do want to get back to less drought, the worst in 3 decades, Mr. WARNER. I beg your pardon. this question of amendments. and the total failure of the Taliban Mr. DODD. That it be considered Mr. LEVIN. And that Senator DODD’s government to administer to the coun- prior to the cloture vote. speech be limited to 15 minutes. try. Four million people have aban- Mr. WARNER. I am not sure. The The PRESIDING OFFICER. Is there doned their homes in search of food in vote takes place at 9:30 tomorrow objection? Pakistan, Iran, and elsewhere. Those morning. As I understand it, there is an Without objection, it is so ordered. The Senator from Minnesota. left behind now eat meals of locust and order to that effect. animal fodder. This is in Afghanistan. My understanding is that the stand- f Five million people inside this coun- ing order is that the Senate will vote THANKING SENATOR BYRD try are threatened by famine, accord- at 10 o’clock tomorrow morning on a Mr. WELLSTONE. Mr. President, be- ing to the United Nations. As President cloture motion; is that correct? Bush made clear, we are waging a cam- The PRESIDING OFFICER (Mr. fore Senator BYRD leaves the Chamber, I also want to thank him for his service paign against terrorists, not ordinary CORZINE). That is correct. to the Senate and the country. I am Afghans—I think that is an important Mr. WARNER. Then I would say to distinction to make—who are some of my colleague from Connecticut, how do annoyed with myself for not having thought that we should have as a part the poorest and most beleaguered peo- we achieve that? ple on the planet and who were actu- Mr. DODD. We could have a voice of the RECORD the difference between the language that came from the White ally our allies during the cold war. vote. We do not need a recorded vote. Any military action by our country Mr. WARNER. I would have to object House and the resolution that we passed. It is so important that that be must be targeted against those respon- to a voice vote. I am dutybound, you sible for the terror acts and those har- part of the RECORD. understand, to protect colleagues on boring them. And we must plan such this side, particularly those on the I say to my colleague that up until about 1 o’clock in the morning, I did action to minimize the danger to inno- Commerce Committee which has over- cent civilians who are on the edge of all jurisdiction. not think I could support it. I thought it was too broad, too open ended. I starvation. Mr. DODD. If my colleague will yield, Let me repeat that one more time. if there is no objection to the amend- think Senator LEVIN did say this, but while you were busy on that appropria- Any military action must be targeted ment being incorporated in the bill, against those who are responsible for this may be the one opportunity where tions bill, Senator LEVIN was one of the key Senators—along with staff—who the terror acts and those who have har- we will be able to do something about bored them. And we must plan such ac- really did yeomen’s work to try to these firefighters. tion to minimize the danger to inno- have that resolution focus on the Sep- Mr. WARNER. I want to help you. I cent civilians who are on the edge of tember 11 attacks. It was entirely dif- am going to vote with you. But I am starvation. And we must be prepared to ferent wording. dutybound, as you understand, to pro- address any humanitarian con- tect those on this side. I do not know But I thank you, Senator BYRD, for what you have done today in this Sen- sequences of whatever action we take what the chairman of the Commerce as soon as possible. Committee, on your side, has said ate Chamber. Mr. BYRD. Mr. President, will the Mr. President, I ask unanimous con- about this issue, but I do know mem- Senator yield, just very quickly? sent that a piece that I just finished bers of the Commerce Committee, on Mr. WELLSTONE. I am happy to writing be printed in the RECORD. this side, certainly must be protected— yield. There being no objection, the mate- at least be given an opportunity to The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the speak to this amendment if it is ator from West Virginia. RECORD, as follows: brought up for purposes of a rollcall Mr. BYRD. I thank the Senator for U.S. MUST LEAD EFFORTS TO PREVENT vote. his observations. I would be remiss if I REFUGEE CRISIS IN AFGHANISTAN Mr. DODD. Why don’t we proceed this did not likewise express my gratitude (By U.S. Senator Paul Wellstone, Chairman, Subcommittee on Near Eastern and South way, if we could: After the Senator to Senator LEVIN and to Senator BIDEN Asian Affairs, September 28, 2001) from Minnesota has been heard, if I can and to other Senators who worked to- The September 11 attacks in New York and offer the amendment, I would like to gether to modify that language and to discuss it. In the meantime, we can Washington require our country to respond greatly improve the language over assertively and effectively against inter- have conversations. We have already what it was when it was sent from the had conversations with members of the national terrorism. As the Administration White House to the Senate. reviews all its options, it must consider the Commerce Committee. If they are Mr. WELLSTONE. I thank the Sen- humanitarian consequences of any military going to object to us voting on this ator. action against terrorist sites in Afghanistan, prior to the cloture vote tomorrow, or I also say to my colleague, I believe and take urgent steps now to address them. allow us to have a voice vote on this, Senator KERRY from Massachusetts, Even before the world focused on it as a then so be it. But if not, then it could and also the majority leader, Senator sanctuary for Osama bin Laden and other terrorists, Afghanistan was on the brink of a go through this evening. We ought to DASCHLE—all of them—— try to do it. humanitarian catastrophe, the site of the Mr. BYRD. Yes, absolutely. greatest crisis in hunger and refugee dis- Is that all right? Mr. WELLSTONE. Did yeomen work. placement in the world. Now the worsening Mr. WARNER. Mr. President, that f situation on the ground is almost unimagi- seems to me to be an orderly proce- REFUGEE CRISIS IN AFGHANISTAN nable. After four years of relentless drought, dure. the worst in three decades, and the total fail- Mr. LEVIN. Mr. President, I ask Mr. WELLSTONE. Mr. President, I ure of the Taliban government in admin- unanimous consent that immediately want to talk about an amendment that istering the country, four million people

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18142 CONGRESSIONAL RECORD—SENATE October 1, 2001 have abandoned their homes in search of military strikes, repositioning in the region stress; training of mental health pro- food in Pakistan, Iran, Tajikistan and else- the people and resources needed to deal with fessionals in how to respond to the where, while those left behind eat meals of it. unique needs growing out of events of locusts and animal fodder. Five million peo- The U.N. and several privately-funded aid this kind; government funding and groups are working frantically to set up new ple inside the country are threatened by leadership to assure resources are famine, according to the United Nations. camps and bring in supplies and personnel to As President Bush made clear, we are wag- sites along the border. And yet, developing a available to these children who need ing a campaign against terrorists, not ordi- stronger response to a massive outflow of Af- help.’’ nary Afghans, who are some of the poorest ghans into Pakistan is sure to put pressure She said we must do all we can to and most beleaguered people on the planet on already over-burdened camps, and by ex- prepare for the unprecedented strain on and were our allies during the Cold War. Any tension Pakistani resources and patience. our mental health system and to as- military action must thus be targeted Pakistan is already host to over a million sure that private insurers will encour- against those responsible for the terror at- refugees from Afghanistan; 170,000 came as a age appropriate treatment rather than tacks and those harboring them; planned to result of recent drought in Afghanistan. Oth- establishing artificial limits on what minimize the danger to innocent civilians on ers fled earlier and have been in Pakistan for we can provide for people. the edge of starvation; and prepared to ad- years. The United States must do everything it Dr. Spencer Eth, the vice-chairman dress any humanitarian consequences as of the department of psychiatry at St. soon as possible. Since it seems clear that a can now to alleviate the suffering of ordi- major international refugee influx will re- nary Afghan civilians. We have agreed to Vincent’s hospital in New York, also quire a massive expansion of existing refugee participate in U.N. efforts to raise quickly spoke at the hearing. St. Vincent’s was camps, and creation of new ones, the U.S. almost $600 million in aid funds, a number the hospital where the largest number and our U.N. Security Council allies should likely to grow. We should be leading that ef- of victims of the attack are being also be thinking now about how to protect fort, including by contributing substantially. treated. Dr. Eth is also a nationally those camps, including possibly using a U.N.- The U.S. and our allies cannot afford to be recognized authority on the psycho- sanctioned military force drawn primarily indifferent to this humanitarian crisis, espe- logical effects of traumatic event. He from Arab nations. cially as we seek to build a coalition of mod- gave moving testimony about his expe- erate Arab and non-Arab Muslims around the Osama bin Laden is not a native of Afghan- riences with providing treatment for istan, but of Saudi Arabia. Most Afghans do globe for our anti-terror efforts. If a humani- not support bin Laden. Instead, ninety per- tarian catastrophe in Afghanistan is attrib- emergency workers, and he said, cent of the Afghan people are subsistence uted to our military operations, it will weak- ‘‘Never before have the gaps in the farmers struggling simply to grow enough en international support for our fight mental health system been more appar- food to stay alive. War widows, orphans, and against terrorism, and may even make the ent.’’ He urged the committee to recog- thousands of others in the cities are depend- American people more vulnerable in the end. nize that ‘‘the magnitude of the ent upon international aid to survive. f public’s need for traditional therapies, Now, anticipating military strikes by the MENTAL HEALTH RESPONSE outreach to schools, businesses, and U.S., hundreds of thousands of Afghan civil- communities . . . is unprecedented. ians are on the move, fleeing the cities for Mr. WELLSTONE. Mr. President, I . . . He stated, ‘‘We must obtain the their native villages or for the borders. Ac- rise in this Chamber to talk about the cording to the U.N. High Commissioner for funding required to reach everyone at extraordinary mental health needs of high risk and everyone who is already Refugees, nearly 20,000 have gathered at one the American people, and especially Pakistani border crossing alone. The U.N. suffering, regardless of health cov- says it is the most tense border point in the people of New Jersey, New York, Vir- erage, language barriers, and physical world, with thousands of people out in the ginia, Washington, DC, and Pennsyl- disabilities.’’ open, exposed to scorching days and frigid vania in the aftermath of the Sep- Dr. Kerry Kelly gave what was prob- nights. Kandahar, the spiritual seat of the tember 11 attacks. ably the most searing testimony about Taliban, is said to be ‘‘half empty.’’ Those I thank Senator KENNEDY for holding her own experiences with her onsite who are left behind are the most vulner- an extraordinary HELP Committee— work as chief medical officer of the able—the elderly, orphans, war widows, and HELP is Health, Education, Labor, and New York Fire Department, minutes the mentally and physically disabled. Pensions—hearing on this topic last Inside Afghanistan, the U.N.’s World Food after the attacks. She testified that, week. I am grateful to Senator WARNER Programme (UNWFP) aid—much of it U.S.- ‘‘the selflessness of these men and donated wheat—is the sole source of food for for his invitation at the hearing to women [of the New York Fire Depart- millions. After the attacks on September have some suggestions about some ment] is what made them heroes, but 11th, the UNWFP was forced to pull out. It mental health initiatives that could be it’s also what brings me to these hear- left two weeks of food stocks to be adminis- part of this DOD authorization. Sen- ings today to urge your approval of tered by local U.N. staff, but Taliban offi- ator WARNER is to be commended for funds to provide for the psychological cials last Monday broke into the U.N. com- his recognition that there does need to and counseling need of our members pound and stole thousands of tons of grain. be some legislation that responds to and their families. As we get further Under intense international pressure, the the short-term and long-term needs of UNWFP has announced it will resume ship- away from the events of that day, the ments of grain to Afghanistan. Yet how it people who have been affected by these officers, firefighters, fire marshalls, will be distributed is uncertain, as the tragic events. emergency medical technicians and Taliban has severed contact between inter- Many Senators are working on this paramedics, will have to cope with de- national aid groups and their Afghan staffs, issue, and I am sure the Presiding Offi- layed reactions to the trauma they ex- and taken over many of their facilities. To cer, the Senator from New Jersey, is perienced. And from day one, the men get needed aid in, and slow the outflow of Af- one of them. I am pleased to also do and women of the New York Fire De- ghan refugees driven by a lack of food at this work. partment and the families of those who home, the Pakistani government should im- I want to talk a little bit about some were lost have had to endure a tremen- mediately relax its border restrictions of the witnesses. Carolyn Pfeffer, who enough to allow the flow of food and other dous sense of grief.’’ She said, ‘‘The humanitarian aid into Afghanistan, while is a child psychiatrist at New York emotional well-being of our depart- maintaining border security. University, noted that in retrospect ment requires intervention to provide There is no easy solution to this building what should really have been in place stress debriefing, bereavement coun- crisis, and yet our government must aggres- was a plan and a program in every seling, and continued psychological sively seek solutions to the critical needs of school for how to respond to the dis- support of our members, our families, Afghan civilians. As one of its most urgent aster, along with prompt and effective and the children affected by this tasks, the United States must do its part to public education for parents to help event.’’ shore up relief operations and help to again them understand how to talk to their Dr. Carol North pointed out that 2 get aid flowing to refugees now. We also must prepare for an already critical situa- children—in other words, she was say- years after the Oklahoma City bomb- tion to worsen as Afghanistan heads into its ing, right after September 11. ing 16 percent of children 100 miles notoriously harsh winter. We must prepare She said that what is needed now is away still reported significant now for huge numbers of refugees and hu- ‘‘aggressive work to identify children posttraumatic stress memories related manitarian problems in the aftermath of who have suffered the most severe to it.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18143 We know one thing for sure: It is a loss of sleep and many other symptoms vide the care for people. Kay Jamison, mistake to believe that such events, of can lead to severe problems and an in- who has done brilliant work and writ- September 11 and after, cannot have a ability to function if left untreated. ing in this area, said, ‘‘The gap be- lasting impact on the mental health of I will never forget a letter from a 10- tween what we know and what we do is those men, women, and children who year-old girl in Pope County, MN, who lethal.’’ have experienced them. We should not told me that her daddy was a Vietnam There is September 11, and there are repeat the mistakes that were made in vet. He went into the shower in the all kinds of people trying to deal with the aftermath of the Vietnam war morning. He had been doing fine. This this trauma. There are all kinds of when the trauma experienced by vet- was many years later, about 4 years other men, women, and children who erans was ignored and trivialized until ago. She said: My dad came out of the don’t get the care they need. This is a well after the optimal time for treat- shower and he couldn’t talk to any- piece of legislation that has some ur- ment was passed. body. Please help my dad. That was gency. There is no reason to delay any We have learned from the out- PTSD from the Vietnam war. longer. One or two Senators objected. standing research which has been fund- Treatment can help people with I hope this will be on the floor soon, ed by the VA and the NIMH of the se- PTSD, depression, anxiety, and a lot of and I hope we can pass it. I think the verity of the disorder and the effective other illnesses. What we want to do President will sign it. I think it is a bi- ways it can be treated. with this amendment is provide States partisan effort and it is a good thing to Let me summarize the case for this $175 million in flexible ways to deal do and it is the right thing to do. amendment of which Senator WARNER with the needs of the citizens. We want I yield the floor. and others have been so supportive. Let to have training programs for licensed us give respect for what people have ex- mental health professionals. We want f perienced and help them deal with this to have expedited and increased re- BENEFITS FOR DISLOCATED now in a manner which is appropriate search funding right away so we know AIRLINE WORKERS to their individual needs. Let us help what to do. The Secretary of the De- those families who have survived the partment of Health and Human Serv- Mrs. LINCOLN. Mr. President, I com- loss of a loved one and may also now be ices is authorized to set up a disaster mend my friend and colleague, Senator dealing with preparations for a funeral research clearinghouse so that infor- CARNAHAN, for her efforts on behalf of or memorial without ever receiving mation can quickly be made available dislocated workers in the airline indus- any remains of their loved one. to schools and public health agencies try. I am proud to be a cosponsor of Let us recognize that traumatic grief during times of crisis. this legislation which will benefit is real and has unique features that go Funding is authorized for $50 million thousands of workers who have or will beyond our usual understanding of for trauma treatment centers for lose their job because of the tragic death and loss. Let us help the emer- adults and children to provide services events on September 11. gency workers who stretched their bod- for people who are exposed to such I want to say a special word of ies and minds to deal with this horror traumas. thanks to Senator CARNAHAN and her and lost so many of their friends and All of this will make a huge dif- staff for working with me to clarify colleagues as well. ference. This came up last week. I that employees of maintenance sup- Let us help those who escaped with thank Senator KENNEDY for his leader- pliers to commercial air carriers are their lives but now suffer from serious ship. There are a lot of us who are in- covered under the language in the bill. injuries and many other losses of their volved in this effort. Senator WARNER This was an important point for me be- own. Let us help those who made it out is one. I cannot emphasize enough to cause of the impact the September 11 safely but who feared for their lives other Senators how important it is attacks has already had on aviation and witnessed such horror and are now that we try to pass this package. maintenance businesses in my State. dealing with the multiple losses of Today, we were scheduled to bring up Reebaire Aircraft, Inc. located in friends, families, colleagues, and their the Mental Health Equitable Treat- Mena, AR, is just one example of why jobs. And let us help the children who ment Act. This is legislation on which the dislocated worker assistance pro- must now try to understand what they I have been working with Senator vided for in this bill is so important. saw, what they have lost, what their DOMENICI. More important than that, Prior to September 11, Reebaire Air- parents and teachers are going there are 63 or 64 Senators who support craft had a thriving business with 101 through, and what the world means, it. workers and was in the process of ex- while we all struggle to do the same One or two Senators objected. I am panding its workforce. Today, Reebaire and try to regain our sense of safety. disappointed to say the least. We could employs only 15 workers and the owner I am not saying that mental illness is have had this legislation on the floor. has informed me that Reebaire may widespread or an inevitable con- We could have had debate and some have to cease operations by the end of sequence of the event. But after hear- amendments, and it would have passed. October. Reebaire’s fate is directly re- ing from the experts at this hearing, The legislation did two things: It lated to the terrorist attacks because we should not underestimate the severe ended all discrimination in coverage. It eighty percent of its business was impact of September 11 on people’s is civil rights legislation. It just says based on maintenance contracts with sense of identity and safety and how no longer can any health care plan commercial air carriers who have can- the multiple losses and horrific experi- treat someone who is struggling with celled future work orders with ences they went through have the po- this kind of mental illness differently Reebaire indefinitely. tential to affect them for a long while. than someone who is struggling with Again, I commend my colleague for Let me talk a minute about any other kind of illness. her efforts on behalf of our Nation’s posttraumatic stress syndrome which My God, this is 2001. It is long over- working families. can have such lasting effects on the due. Mrs. CARNAHAN. I appreciate the minds and hearts of those who suffer The second thing I want to say—I support of my friend from Arkansas from it. Here I draw from some experi- will not try to put one agenda on top of and I am honored to add her name as a ence because a lot of my work, espe- another, but I want colleagues to know cosponsor of my legislation. As I ex- cially back in Minnesota, is with Viet- that the second thing that happens plained to the Senator earlier, it is cer- nam vets who are struggling with from this legislation—which is why it tainly my intent to cover dislocated PTSD. We know from research that the is so important—is that the treatment employees of companies that contract brain chemistry can be altered by such follows the money. When plans now directly with commercial air carriers experiences, and we know that the day- provide coverage, you then see an in- for maintenance and related services if to-day struggle to deal with the fright- frastructure in our country which the employees lose their job because of ening flashbacks, intrusive thoughts, doesn’t exist now as it should to pro- the September 11 terrorist attacks.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18144 CONGRESSIONAL RECORD—SENATE October 1, 2001 CONCLUSION OF MORNING from Virginia and the ranking member and responding to the residential or BUSINESS was from Michigan. This is a great small business fire—today they are The PRESIDING OFFICER. Morning team which has done a tremendous job. asked to become basically soldiers. The business is now closed. It is sort of a seamless garment in distinction between what they do and many ways, in terms of their leader- what the men and women in military f ship on national security issues as the uniforms do—the lines are becoming NATIONAL DEFENSE AUTHORIZA- chairman and ranking members of the blurred somewhat here. No greater TION ACT FOR FISCAL YEAR 2002 Armed Services Committee. piece of evidence can I offer than that The PRESIDING OFFICER. Under I want to take a moment to com- which occurred on September 11. the previous order, the Senate will now mend them both for the spectacular job Some may say: What are you doing resume consideration of S. 1438, which they have done over the last 21⁄2 weeks offering a fire amendment on the De- the clerk will report. since the great tragedy on September partment of Defense authorization? The assistant legislative clerk read 11. Not only have they led in terms of One, this is where the bill was born. As as follows: moving their committee product along a result of the leadership of the two A bill (S. 1438) to authorize appropriations and offering us an opportunity to do men I have mentioned already. This for fiscal year 2002 for military activities of something very constructive and posi- bill became law in conference. I offered the Department of Defense, for military con- tive in responding to the events of Sep- the bill here, but without them this struction, and for defense activities of the tember 11, but also in their public com- bill would not have become the law of Department of Energy, to prescribe per- mentary on this issue both here on the the land. In a sense, now to extend the sonnel strengths for such fiscal year for the floor of the Senate as well as in the authorization over the next several Armed Forces, and for other purposes. public forums. The Senator from years with a relatively small amend- The PRESIDING OFFICER. The Sen- Michigan, CARL LEVIN, and the Senator ment for this fiscal year, increasing ator from Connecticut is recognized. from Virginia, JOHN WARNER, have over the next 3 years so that we can AMENDMENT NO. 1750 truly lived up to the spirit of those who provide assistance to these depart- Mr. DODD. Mr. President, I call up in other times of crisis have led with- ments, I think is critical and impor- my amendment No. 1750. out partisanship and with a sense of tant. The PRESIDING OFFICER. The unity. I think it has been reassuring to With that, let me explain what is in clerk will report. the American public to have both of the bill. Many of us in the Senate and The assistant legislative clerk read them in the positions they are in. in the Congress have long understood as follows: On the subject at hand, I have 15 that America’s firefighters make ex- The Senator from Connecticut [Mr. DODD] minutes, so I will try to be brief. I traordinary contributions to their proposes an amendment numbered 1750. thank the Senator from Michigan and communities. But on September 11, of Mr. DODD. I ask unanimous consent the Senator from Virginia for being course, we got a glimpse of a larger further reading of the amendment be supportive of this effort. In fact, in role these men and women of the fire dispensed with. many ways, without their leadership service play. The national security role The PRESIDING OFFICER. Without and support on this very matter, we of firefighters has become readily ap- objection, it is so ordered. would not have ever adopted the FIRE parent to all in this country. The amendment is as follows: Act. On the morning of September 11, the Very simply put, this legislation al- men and women of the New York City (Purpose: To extend assistance for firefighters) lows for fire departments across this Fire Department came to the aid of the country—some 30,000 of them, paid vol- entire Nation. They charged in to res- At the end of subtitle E of title X, add the following: unteers and combined departments—to cue people from every region of our SEC. 1066. ASSISTANCE FOR FIREFIGHTERS. seek Federal grants for training and country and more than 40 nations Section 33(e) of the Federal Fire Preven- equipment to assist them in doing a around the globe. Those firefighters tion and Control Act of 1974 (15 U.S.C. better job in responding to tragedies in raced into that building to save the 2229(e)) is amended by striking paragraph (2) our local communities. lives of people trapped in those two and inserting the following new paragraphs: I don’t need to make this case. I sup- towers. On the same morning, fire- ‘‘(2) $600,000,000 for fiscal year 2002. pose I could end my remarks there. fighters from Virginia, Maryland, and ‘‘(3) $800,000,000 for fiscal year 2003. There is not a single person in this District of Columbia became domestic ‘‘(4) $1,000,000,000 for fiscal year 2004.’’. country who is not aware of the heroic defenders, responsible for coordinating Mr. DODD. Mr. President, very brief- efforts of our fire departments, not a response to an attack on the head- ly, this amendment deals with the only within the city of New York, quarters of our armed services, the FIRE Act, a bill which we adopted in a which, of course, suffered the greatest Pentagon itself. previous Congress, providing assistance tragedy when it came to the loss of If there was ever any question that to departments—paid departments, vol- life, not only of civilian populations the firefighters who wear the uniforms unteer departments, and combination but also firefighters, but also here in of local agencies are from time to time departments for equipment and the the Nation’s Capital and the depart- called upon to serve as partners with like. ments in Virginia, Maryland, and the the men and women who wear the uni- I see my colleague from Virginia ris- District of Columbia. form of the U.S. military, those ques- ing. On a parochial note, if you will, some tions I think have been laid to rest for- Mr. WARNER. Mr. President, may I of the first departments to respond to ever. The sad new reality is that when say that we worked together on this. I the tragedy at the World Trade Center terrorists target civilian populations would like to be a cosponsor of this came from my home State of Con- on American soil, we are going to need, amendment. necticut. I note the presence of the more than ever, our rescue services to Mr. DODD. Mr. President, I ask unan- Presiding Officer, the Senator from be as well equipped as they possibly imous consent that my colleague be New Jersey. I know, in fact, many of can be. added as a cosponsor. the people from his State as well re- I have mentioned fire departments The PRESIDING OFFICER. Without sponded to this catastrophe, the savage and, obviously, police departments. objection, it is so ordered. attacks in New York City. I don’t need This bill covers emergency medical Mr. DODD. Mr. President, let me to make the case about how valuable teams as well, EMS services. Again, take a second and commend our two these men and women are in the job they responded in heroic fashion from colleagues from Michigan and from they do. I think we become aware Virginia, Maryland, DC, New Jersey, Virginia, the Chairman and Ranking that—despite our traditional thinking Connecticut and, of course, New York. Member. Only a few months ago, those about fire departments, with sort of Many of us went to ground zero in New roles were reversed; the chairman was the Dalmatian dog in the front seat York City. Many colleagues met people

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18145 from their States, firefighters from Further, the current law only author- can be memorialized and communities North Carolina, Colorado, California— izes about $300 million for the fiscal are doing that across the country. If people who responded from across this year 2002. This amendment would au- you talk to your local departments, country to be in New York to assist thorize an appropriation of up to $600 there is no better way to memorialize those departments that had lost more million for the purchase of emergency them than to see to it future fire- than 350 of their brothers and sisters. response equipment and training. fighters have the equipment and train- So this is a national issue. It directly The amendment would also authorize ing they will need. relates to the security of our country. up to $800 million in 2003 and up to $1 Hopefully, they will not have to use We do not send our soldiers into battle billion in 2004. To put it in perspective, it. Hopefully, they will never have to without the training and equipment the COPS Program, which most of us face what New York City or Northern they need. We can no longer abide a endorse and support, is around $11 bil- Virginia faced with the attack on the system that would send firefighters to lion. We are taking about $1 billion for Pentagon, but if it occurs, I want to be do their jobs without the proper train- firefighters and some 30,000 depart- able to say that this Congress and this ing or equipment that they need. ments across the country. Chamber provided them the tools and Last year, Congress passed the Fire None of us have ever suggested par- training necessary to respond to those Fighter Investment and Response En- ity, although one might make a case in tragedies; that we were not so short- hancement Act as an amendment to light of the events of September 11 con- sighted that we did not understand the the Department of Defense authoriza- sidering what these men and women new world we entered as a result of the tion bill. Again, without CARL LEVIN have to deal with, the materials they attacks on our country only 2 weeks and JOHN WARNER, the equipment some grapple with, and the training they are ago. of these departments received would going to need. We have not asked for Again, I urge the adoption of this not have happened. So I offer the that. It is the authorization levels I amendment. This is one area where I amendment again on this bill not be- mentioned increasing through the year know there are likely to be remaining cause this is the only opportunity. In a 2004. issues, as I said, to be discussed. But as sense, this is a national security issue, There may remain other improve- we continue to identify critical staff- a new national security, a new defini- ments, by the way, that could and ing needs and better ways to structure tion of what we are talking about. should be made to our emergency re- the Federal Government’s partnership At that time, we authorized 2 years sponse infrastructure. I intend to work with local firefighters, I will be looking of appropriations under the FIRE Act. very closely with the Commerce Com- to Chairman HOLLINGS and Senator Unfortunately, the levels of authoriza- mittee. This is naturally and normally MCCAIN and the Commerce Committee tion did not anticipate the new threats a matter under the jurisdiction of the to continue to provide leadership in that have become apparent in recent Commerce Committee. I express my this area. weeks. gratitude to FRITZ HOLLINGS, our col- There is no shortage of bravery Last year, Congress appropriated $100 league from South Carolina, and JOHN among the men and women of Amer- million to provide grant funding under MCCAIN, the Senator from Arizona, ica’s fire service. Even when commer- the FIRE Act to departments across who, not unlike Senator LEVIN and cial air travel was completely shut the Nation. The Federal Emergency Senator WARNER, have been chair and down, public safety workers from as far Management Administration recently ranking member back and forth. away as Chicago and Texas made their reported that it received grant applica- Last year, with their support, we way to New York and the Pentagon to tions from nearly 20,000 local fire de- adopted the amendment as part of the lend their assistance. We have seen partments. The total amount of fund- DOD authorization bill. I am grateful that public safety personnel are ex- ing requested by these departments is OLLINGS for his support of to Senator H traordinary people. They put the needs nearly $3 billion. That is the existing this amendment. They have a very im- of others before their own interests and need. portant role to play. We have to come even before their own personal safety. We appropriated $100 million, but back at some point and start talking During the initial rush to save people there were $3 billion in requests from about other things that can be done. 20,000 departments across the Nation. Given the fact we are going to be in the burning World Trade Center Today these firefighters are not just winding up this session and there are Towers, nobody stopped to ask: Why racing with the old hook and ladder very few vehicles available to us on are you here? But if they had, the an- down the old country lane to put out which to have an authorization matter swer undoubtedly would have come the barn fire. They are dealing with considered, given the history of this back: Because people need our help. toxic waste, toxic substances, some of act and its association with the DOD Tonight we can provide service to the most dangerous material in the authorization bill and the direct link- those who provided help in the past by world, and they are going to be called age between better equipping the abil- helping them. This amendment honors on, unfortunately, to deal with more of ity of our fire departments across this America’s firefighters, acknowledges it in the years ahead. Therefore, they country to deal with the new threats the men and women who do not ask need the support this amendment will our communities face, I think this bill why, the men and women who simply offer them. is an appropriate place for this amend- do what must be done. Last year, there was about $2.8 bil- ment. This amendment is more than that. lion of unfunded requests under the I am very grateful to all of our col- It is an investment in America’s secu- Fire Grant Program. I do not think we leagues for their willingness to con- rity. This will help America be pre- can afford to have that level of unmet sider these extraordinary cir- pared for come what may. Let the needs this year or ever again for that cumstances. world be on notice that we are not matter. This amendment will assure My hope is that this evening we can afraid, but we are also going to be pre- the continuation of the Fire Grant Pro- adopt this amendment on a voice vote. pared, and we are also going to prevail. gram. It will increase the Federal Gov- I am not interested in having a re- I yield the floor. ernment’s commitment to a level I corded vote. I think most of our col- The PRESIDING OFFICER. The Sen- think is appropriate in light of recent leagues will support it. My hope is that ator from Michigan. events and the continuing threat to the we will complete action and leave the Mr. LEVIN. Mr. President, I com- safety of the American public. RECORD open so others who may want mend our dear friend from Connecticut Under current law, authorization for to comment on this can. for his very passionate argument. He the fire program terminates at the end I have dedicated this amendment to has been the leader in the effort to pro- of fiscal year 2002. This amendment the men and women who lost their vide these resources for our valued fire- would extend the authorization period lives in the fire departments on Sep- fighters whose amazing contributions until the end of the fiscal year 2004. tember 11. There are a lot of ways they were so dramatically demonstrated on

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18146 CONGRESSIONAL RECORD—SENATE October 1, 2001 September 11. The Senator from Con- ing works like that little music box. I Connecticut, I think it is important to necticut has been the leader in this ef- thank the Senator immensely for that show how these funds are being spent. fort. The contribution which I have token and gesture, and I thank his I referred to the bill that we put in last made to his effort is small indeed com- lovely wife as well. I say to my col- year in the Senate Armed Services pared to what he has been able to put league from North Carolina, I thought Committee, known as the Floyd D. forward with his leadership. of him many times at 3 this morning. Spence national defense authorization I can only say in amazement that as Mr. WARNER. Mr. President, I ac- on page 378. These funds are to be used powerful a speaker as the Senator from knowledge that from time to time the for the following purposes: to hire addi- Connecticut always is, somehow mirac- heart of the Senator from Connecticut tional firefighting personnel; to train ulously, despite the fact he is up half needs to be quieted so we are going to personnel in fire fighting, emergency the night changing diapers for his bring that little teddy bear to the floor response, arson, prevention, and detec- daughter Grace, he is more powerful to calm him down on some other mat- tion or the handling of hazardous ma- and more passionate than ever. That ters. terials; or to train firefighting per- says something about fatherhood. I Mr. LEVIN. If the Senator from sonnel to provide any of the training congratulate him not only on his argu- North Carolina will yield, we now have described in this subparagraph. ment and tell him I am proud to be a two ways of closing debate a little There is no greater threat facing this cosponsor of his amendment, but I more promptly and in unique ways. Nation today than weapons of mass de- again congratulate him on his wonder- One is with TED KENNEDY’S dog, which struction, and as we listened to the ful new family addition. barks when someone goes on too long— very able work being done by the At- The PRESIDING OFFICER. The Sen- usually not on the floor of the Senate— torney General of the United States ator from Virginia. and now we have a music box. So that and others in connection with the cri- Mr. WARNER. Mr. President, I add Chris and Jackie have the special gift sis of September 11, they are obligated my commendations to our good friend from the Senator from North Carolina. to tell this Nation that we cannot ring and colleague. All too often in reflect- The PRESIDING OFFICER (Mr. HOL- the all clear sign, that we have many ing on September 11, we, of course, LINGS). The Senator from Connecticut. problems and it could possibly include focus on the magnitude of the tragedy Mr. DODD. Mr. President, I ask unan- weapons of mass destruction of the in New York and, indeed, in my State, imous consent that the Senator from type of chemical or biological. It is dif- but we should include Pennsylvania. South Carolina, Mr. HOLLINGS, be ficult for me to enunciate that in this Mr. DODD. Yes, we should. added as a cosponsor to the fire act Chamber. That is precisely what these Mr. WARNER. The firefighters are a amendment. funds are to be used for, to train fire- band of brothers and sisters, as it was The PRESIDING OFFICER. Without fighters. They are oftentimes both pro- made very clear to me, wherever they objection, it is so ordered. fessional and volunteer. I thank my are in those States, particularly those Mr. WARNER. I ask unanimous con- colleague. three impact areas. I visited the Pen- sent that this important colloquy Last year, I remember, we wanted to tagon not more than 3 or 4 hours after about the Chairman of the Joint Chiefs give parity with the professional volun- the plane flew into it, and I will have of Staff be printed in today’s RECORD teer. That has been done. They are the further remarks. I see our distin- separate from the presentation by the first on the scene. Unless they have guished colleague from North Carolina Senator from Connecticut. some training to make an assessment wishes to address another matter for a Mr. DODD. If my colleague will yield right away, they themselves could be- few minutes, and then I will regain the further, he might want to ask unani- come victims of a chemical or biologi- floor. mous consent that others might be cal attack and their services would be Mr. DODD. If my colleague will yield, able to join with Senator HELMS in incapacitated, depending on the prob- let these remarks reflect as well, he is commending Hugh Shelton. I am not a lem. That training is included. It is im- absolutely correct. We focus on New member of the committee, but all of us portant. York, the World Trade Center, and the at one time or another have had deal- There are funds to protect fire- Pentagon. He is absolutely correct the ings with him, even though he is re- fighting personnel at the scenes of fire people of Pennsylvania, those who lost sponsible to responding to the Armed and other emergencies. In New York their lives in that aircraft—we do not Services Committee. This is a remark- City there was tremendous personal know the whole story, but many of us able public servant, Hugh Shelton, and risk in these situations trying to ex- suspect that the people inside that he is going to be missed. He has a won- tract survivors and yet at the same plane played a very heroic role, and the derful successor. I do not know him as time confronted with a weakened fact we are standing in this building well as I know General Shelton, but on structure, smoke, and all types of today debating these issues may very behalf of those not on the committee things. They themselves could be well be because some very heroic civil- but who have watched him and talked trapped. Special training is required ian Americans stood up and took on to him and called him from time to for extricating the firemen as well as some people and saved countless other time, this is truly a great citizen, and the remaining victims. lives. That mark in Pennsylvania and I wish to add my thoughts and com- Other uses of the funds: those who responded to it deserve equal ments about his contribution to our To certify firefighters, to establish recognition. country as well. wellness and fitness programs for fire- The Senator from Virginia is abso- Mr. WARNER. Mr. President, I so fighting personnel, to ensure that the lutely correct. modify my UC, and I ask unanimous firefighting personnel can carry out I see my friend from North Carolina consent that the statements made in their duties—there are tremendous ar- is about to speak, and since my friend the Chamber today and otherwise in re- duous, physical requirements for the from Michigan raised the issue of my gard to the distinguished former Chair- men and women who bravely wear the newborn Grace, I must tell the Senator man be printed in today’s RECORD in uniforms of firefighters; to fund emer- from North Carolina we received some one place by the close of business gency medical services provided by fire wonderful little gifts for new Grace and today. departments—more and more often, all of them are cherished, but the Sen- The PRESIDING OFFICER. Without they are the first on the scene to ator from North Carolina and his be- objection, it is so ordered. render the basic necessities of medical loved Dot sent a little teddy bear (The remarks of Mr. HELMS, Mr. care and to save lives; to acquire addi- which, if you extend it, it plays music. WARNER, Mr. LEVIN, and Mr. EDWARDS tional firefighting vehicles, including I want to tell the Senator I will forever are printed in today’s RECORD under firetrucks. We all have romance about be grateful to my colleague from North ‘‘Morning Business.’’) the firetrucks. I know some of the vol- Carolina because I have tried all sorts Mr. WARNER. In regard to the pend- unteer groups in my State kept the old of ways to quiet Grace down but noth- ing amendment by the Senator from truck to remind them of the need to

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18147 get a new truck, but they never seem issues and I continue to admire the The Senator from Michigan [Mr. LEVIN], to discard the old truck. In times of bravery of our firemen. When I came to for himself and Mr. WARNER, proposes the parade, the old truck comes out the Senate in the late 1960s during the amendments numbered 1793 through 1808, en and everybody is proud to see it again. civil rights era, protestors would pull bloc. However, we have to get state-of-the- the fire boxes during demonstrations. Mr. WARNER. I wish to join my dis- art equipment; to acquire additional When the firemen came to the scene tinguished chairman in commending firefighting equipment, including where the alarm was given, they were the hard work of our staff over the equipment for communications and shooting the firemen. We lost several course of Friday, Saturday, Sunday, monitoring; to acquire personnel pro- firemen as a result of this. At the time, and today, working on this package. It tective equipment, required for fire- there was a $50,000 benefit for the FBI is well known to all members of the fighting personnel, by the Occupational and law enforcement personnel, but committee what is included in the Safety and Health Administration and none, whatsoever, for the Federal fire- amendments. Therefore, the amend- other personnel protective equipment fighters. So we amended that in our ments have been cleared on our side. for firefighting personnel; to modify committee to make sure we took care The PRESIDING OFFICER. The fire stations, fire-training facilities, of the firefighters and their families. question is on agreeing to the amend- and other facilities to protect the The current initiative before us that ments. health and safety of firefighting per- Senator DODD first presented last year, The amendments Nos. 1793 through sonnel; to enforce fire codes; to fund is something firefighters around the 1808 were agreed to, en bloc, as follows: fire prevention programs; to educate country are looking for. We in govern- AMENDMENT NO. 1793 the public about arson prevention and ment shortchange some, when it comes (Purpose: To authorize, and authorize the ap- detection; or to provide incentives for to prisons, when it comes to law en- propriation of, $8,000,000 for military con- the recruitment and retention of vol- forcement, when it comes to fire- struction for the Air Force for airfield re- pairs at Masirah Island, Oman) unteer firefighting personnel for volun- fighters. It has been my experience teer firefighting departments and other over the years of service that we take In section 2301(b), in the table, insert after the item relating to Osan Air Base, Korea, firefighting departments that utilize these public services for granted when the following new item: volunteers. it comes to funding. Oman ...... Masirah Island $8,000,000 I commend our distinguished col- I guess my frustration with this ne- league. I am proud to be a cosponsor on glect is an outcome of growing up and In section 2301(b), in the table, strike the this important piece of legislation. coming along during the days of the item identified as the total in the amount Mr. DODD. I thank my colleague Depression when anybody was glad to column and insert ‘‘$257,392,000’’. In section 2304(a), in the matter preceding from Virginia for his eloquent com- get any kind of job. The fact is, law en- paragraph (1), strike ‘‘$2,579,791,000’’ and in- ments and remarks. He has made a forcement officials and firefighters sert ‘‘$2,587,791,000’’. strong statement on the value of this have historically been underpaid. We In section 2304(a)(2), strike ‘‘$249,392,000’’ amendment and the contribution it has cannot accept this any longer. We can and insert ‘‘$257,392,000’’. made. see the courage displayed in New York, As I pointed out in my remarks, we and the magnificent sacrifices made. AMENDMENT NO. 1794 put in $100 million a year ago and we Mr. WARNER. I say to the distin- (Purpose: To authorize the Secretary of the had over $3 billion worth of grant re- guished chairman, Senator MCCAIN has Navy to acquire land for the Harvey Point quests from 20,000 departments across now indicated he joins in full support Defense Testing Activity in Hertford, North Carolina) the country. We are not going to sat- of this measure, so I am prepared to isfy all of that, even if there is a full agree to the amendment, with the dis- At the end of subtitle C of title XXVIII, add the following: appropriation to equal the authoriza- tinguished Presiding Officer in the SEC. 2827. LAND ACQUISITION, PERQUIMANS tion amounts here, but it can make a chair; is that agreeable? COUNTY, NORTH CAROLINA. difference for these people. Mr. HOLLINGS. If it is agreeable The Secretary of the Navy may, using My office spoke with Senator here. funds previously appropriated for such pur- MCCAIN’s office and I ask unanimous The PRESIDING OFFICER. The Pre- pose, acquire any and all right, title, and in- consent Senator MCCAIN be listed as a siding Officer is very content for that terest in and to a parcel of real property, in- cosponsor of this amendment. He has to occur. cluding improvements thereon, consisting of no objection to this amendment being The question is on agreeing to the approximately 240 acres, or any portion adopted. I urge we agree to the amend- amendment. thereof, in Perquimans County, North Caro- The amendment (No. 1750) was agreed lina, for purposes of including such parcel in ment by voice vote. Perhaps others the Harvey Point Defense Testing Activity, may want to be heard. to. Hertford, North Carolina. Mr. WARNER. I accept, certainly, Mr. WARNER. I move to reconsider the statement by the Senator. I under- the vote by which the amendment was AMENDMENT NO. 1795 stand Senator MCCAIN still has this agreed to. (Purpose: To provide for the conveyance of matter under advisement. Mr. HOLLINGS. I move to lay that the excess Army Reserve Center in Mr. DODD. He told me he wants to be motion on the table. Kewaunee, Wisconsin) a cosponsor so we will do that much, The motion to lay on the table was At the appropriate place in the bill insert anyway. agreed to. the following sections: I ask unanimous consent Senator (Mr. HOLLINGS assumed the Chair.) SEC. . LAND CONVEYANCE, ARMY RESERVE CEN- MCCAIN be added as a cosponsor. Mr. LEVIN. Talk about a seamless TER, KEWAUNEE, WISCONSIN. The PRESIDING OFFICER. Without transition, as the Senator from Con- (a) CONVEYANCE REQUIRED.—The Adminis- trator of General Services may convey, with- objection, it is so ordered. necticut said, this is a seamless transi- tion of the Presiding Officers. out consideration, to the City of Kewaunee, (Mr. DODD assumed the Chair.) Wisconsin (in this section referred to as the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All ‘City’), all right, title, and interest of the ator from South Carolina. working together. United States in and to a parcel of Federal Mr. HOLLINGS. Mr. President, I AMENDMENTS NOS. 1793 THROUGH 1808, EN BLOC real property, including improvements commend the distinguished Presiding Mr. LEVIN. I ask consent it be in thereon, that is located at 401 5th Street in Officer of the Senate, the Senator from order to send 16 amendments to the Kewaunee, Wisconsin, and contains an excess Connecticut, for his leadership on fire- desk, and I ask they be considered en Army Reserve Center. After such convey- fighting issues. bloc. I understand these amendments ance, the property may be used and occupied only by the City, or by another local or As Governor of South Carolina some have been cleared by the other side. State government entity approved by the years back, I helped to establish the The PRESIDING OFFICER. The City. Firefighting Institute in my State. I clerk will report. (b) DESCRIPTION OF PROPERTY.—The exact have always been interested in these The legislative clerk read as follows: acreage and legal description of the real

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property to be conveyed under subsection (a) agreement of the member to remain on ac- AMENDMENT NO. 1800 shall be determined by a survey satisfactory tive duty for a period of less than one year in (Purpose: To express the sense of the Senate to the Administrator. The cost of the survey support of a contingency operation.’’; and on defense burdensharing by allies of the shall be borne by the City. (4) in paragraph (3), as redesignated by United States) (c) REVERSIONARY INTEREST.—During the paragraph (2), is amended by striking ‘‘invol- At the end of subtitle B of title XII add the 20-year period beginning on the date the Ad- untary’’ each place it appears. following: ministrator makes the conveyance under (b) CONFORMING AMENDMENTS.—Such sec- SEC. 1217. ALLIED DEFENSE BURDENSHARING. subsection (a), if the Administrator deter- tion 1145 is further amended— It is the sense of the Senate that— mines that the conveyed property is not (1) in subsection (c)(1), by striking ‘‘during (1) the efforts of the President to increase being used and occupied in accordance with the period beginning on October 1, 1990, and defense burdensharing by allied and friendly such subsection, all right, title, and interest ending on December 31, 2001’’; and nations deserve strong support; in and to the property, including any im- (2) in subsection (e), by striking the first (2) host nation support agreements with provements thereon, shall revert to the sentence. those nations in which United States mili- United States. Upon reversion, the United (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) tary personnel are assigned to permanent States shall immediately proceed to a public Section 1074b of title 10, United States Code, duty ashore should be negotiated consistent sale of the property. is repealed. with section 1221(a)(1) of the National De- (d) ADDITIONAL TERMS AND CONDITIONS.—(1) (2) The table of sections at the beginning of fense Authorization Act for Fiscal Year 1998 The property shall not be used for commer- chapter 55 of such title is amended by strik- (P.L. 105–85) which sets forth a goal of ob- cial purposes. taining financial contributions from host na- (2) The Administrator may require such ing the item relating to section 1074b. (d) TRANSITION PROVISION.—Notwith- tions that amount to 75 percent of the non- additional terms and conditions in connec- personnel costs incurred by the United tion with the conveyance under subsection standing the repeal of section 1074b of title 10, United States Code, by subsection (c), the States government for stationing military (a) as the Administrator considers appro- personnel in those nations. priate to protect the interests of the United provisions of that section, as in effect before the date of the enactment of this Act, shall States. AMENDMENT NO. 1801 SEC. . TREATMENT OF AMOUNTS RECEIVED. continue to apply to a member of the Armed Forces who is released from active duty in (Purpose: To make available $650,000 for the Any net proceeds received by the United Defense Language Institute Foreign Lan- States as payment under subsection (c) of support of a contingency operation before that date. guage Center for an expanded Arabic lan- the previous section shall be deposited into guage program) the Land and Water Conservation Fund. At the end of subtitle D of title III, add the AMENDMENT NO. 1798 following: AMENDMENT NO. 1796 (Purpose: To authorize appropriations for fis- SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- (Purpose: To increase by $22,700,000 the cal year 2002 for military activities of the EIGN LANGUAGE CENTER EX- amount for the Air Force for missile pro- Department of the Defense, for military PANDED ARABIC LANGUAGE PRO- curement for the nuclear detonation detec- construction, and for defense activities of GRAM. tion system program, and to provide an the Department of Energy, to prescribe Of the amount authorized to be appro- offset) personnel strengths for such fiscal year for priated by section 301(1) for operation and On page 18, line 14, increase the amount by the Armed Forces, and for other purposes) maintenance for the Army, $650,000 may be available for the Defense Language Institute $22,700,000. At the appropriate place, insert: On page 23, line 12, reduce the amount by Foreign Language Center (DLIFLC) for an Of the funds authorized to be appropriated $22,700,000. expanded Arabic language program. for section 301, $230,255,000 shall be available for Environmental Restoration, Formerly AMENDMENT NO. 1797 AMENDMENT NO. 1802 Used Defense Sites. (Purpose: To make permanent the authority (Purpose: Authorization.—$3,000,000 is au- to provide transitional health care for thorized for appropriations in section members of the Armed Forces who are in- AMENDMENT NO. 1799 301(5), for the replacement or refurbish- voluntarily separated, and to extend eligi- (Purpose: To require a plan to ensure that ment of air handlers and related control bility for transitional health care under the embarkation of civilian guests does not systems at Keesler AFB Medical Center) that authority to mobilized members of interfere with the operational readiness At the appropriate place in the bill, add the reserve components) and safe operation of Navy vessels) the following: On page 235, between lines 15 and 16, insert At the appropriate place in the bill, insert SEC. 301(5). AUTHORIZATION OF ADDITIONAL the following: the following new section. FUNDS. Of the amount authorized to be appro- SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- SEC.. PLAN.—The Secretary of the Navy priated by section 301(5), $2,000,000 may be BERS SEPARATED FROM ACTIVE shall, not later than February 1, 2002, submit available for the replacement and refurbish- DUTY. to Congress a plan to ensure that the embar- ment of air handlers and related control sys- (a) PERMANENT AUTHORITY FOR INVOLUN- kation of selected civilian guests does not tems at Air Force medical centers. TARILY SEPARATED MEMBERS AND MOBILIZED interfere with the operational readiness and RESERVES.—Subsection (a) of section 1145 of safe operation of Navy vessels. The plan AMENDMENTS NO. 1803 title 10, United States Code, is amended— shall include, at a minimum: (1) in paragraph (1), by striking ‘‘paragraph (Purpose: To require an annual assessment Procedures to ensure that guest embar- (2), a member’’ and all that follows through and report on the vulnerability of Depart- kations are conducted only within the ‘‘of the member),’’ and inserting ‘‘paragraph ment of Energy facilities to terrorist at- framework of regularly scheduled operations (3), a member of the armed forces who is sep- tack) and that underway operations are not con- arated from active duty as described in para- On page 553, between lines 12 and 13, insert ducted solely to accommodate non-official graph (2)’’; the following: civilian guests, (2) by redesignating paragraph (2) as para- SEC. 3159. ANNUAL ASSESSMENT AND REPORT Guidelines for the maximum number of graph (3); ON VULNERABILITY OF DEPART- (3) by inserting after paragraph (1) the fol- guests that can be embarked on the various MENT OF ENERGY FACILITIES TO lowing new paragraph (2): classes of Navy vessels, TERRORIST ATTACK. ‘‘(2) This subsection applies to the fol- Guidelines and procedures for supervising (a) IN GENERAL.—Part C of title VI of the lowing members of the armed forces: civilians operating or controlling any equip- Department of Energy Organization Act (42 ‘‘(A) A member who is involuntarily sepa- ment of Navy vessels, U.S.C. 7251 et seq.) is amended by adding at rated from active duty. Guidelines to ensure that proper standard the end the following new section: ‘‘(B) A member of a reserve component who operating procedures are not hindered by ac- ‘‘ANNUAL ASSESSMENT AND REPORT ON VUL- is separated from active duty to which called tivities related to hosting civilians, NERABILITY OF FACILITIES TO TERRORIST AT- or ordered in support of a contingency oper- Any other guidelines or procedures the TACK ation if the active duty is active duty for a Secretary shall consider necessary or appro- ‘‘SEC. 663. (a) The Secretary shall, on an period of more than 30 days. priate. annual basis, conduct a comprehensive as- ‘‘(C) A member who is separated from ac- Definition. For the purposes of this sec- sessment of the vulnerability of Department tive duty for which the member is involun- tion, civilian guests are defined as civilians facilities to terrorist attack. tarily retained under section 12305 of this invited to embark on Navy ships solely for ‘‘(b) Not later than January 31 each year, title in support of a contingency operation. the purpose of furthering public awareness of the Secretary shall submit to Congress a re- ‘‘(D) A member who is separated from ac- the Navy and its mission. It does not include port on the assessment conducted under sub- tive duty served pursuant to a voluntary civilians conducting official business. section (a) during the preceding year. Each

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18149 report shall include the results of the assess- AMENDMENT NO. 1807 are personnel who were scheduled to ment covered by such report, together with (Purpose: To authorize the acceptance of separate from military service, but such findings and recommendations as the contributions for the repair of the damage were ordered to stay on active duty to Secretary considers appropriate.’’. to the Pentagon Reservation caused by the support military operations in times of (b) CLERICAL AMENDMENT.—The table of terrorist attack on September 11, 2001 or sections at the beginning of that Act is crisis. Second, there are those who are establishment a memorial of the attack at involuntarily separated. These are per- amended by inserting after the item relating the Pentagon Reservation) to section 662 the following new item: sonnel who are downsized after a large At the end of subtitle D of title XXVIII, ‘‘Sec. 663. Annual assessment and report on add the following: mobilization such as the one the Presi- vulnerability of facilities to SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO dent has ordered. terrorist attack.’’. REPAIR OR ESTABLISHMENT MEMO- Our military personnel need to know RIAL AT PENTAGON RESERVATION. that their Nation will not turn its back AMENDMENT NO. 1804 (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— on them or their families. Today I offer (Purpose: To eliminate a restriction on the The Secretary of Defense may accept con- an amendment that will ensure that use of certain vessels previously authorized tributions made for the purpose of estab- they receive adequate health care when to be sold) lishing a memorial or assisting in the repair they return from active duty. On page 396, between lines 13 and 14, insert of the damage caused to the Pentagon Res- ervation by the terrorist attack that oc- My legislation will build off of a Gulf the following: War era statute that is set to expire SEC. 1217. RELEASE OF RESTRICTION ON USE OF curred on September 11, 2001. CERTAIN VESSELS PREVIOUSLY AU- (b) DEPOSIT OF CONTRIBUTIONS.—The Sec- this year. Under previous laws, invol- THORIZED TO BE SOLD. retary shall deposit contributions accepted untarily retained and separated serv- Section 3603(a) of the Strom Thurmond Na- under subsection (a) in the Pentagon Res- icemen and women were allowed to ex- tional Defense Authorization Act for Fiscal ervation Maintenance Revolving Fund estab- tend their military health care cov- Year 1999 (Public Law 105–261; 112 Stat. 2273) lished by section 2674(e) of title 10, United erage for a certain period of time, de- is amended by striking ‘‘for full use as an States Code. pending on their length of service. oiler’’. Service men and women with over 6 AMENDMENT NO. 1808 years of active duty service could ex- AMENDMENT NO. 1805 (Purpose: To authorize payment of career continuation bonuses for aviation officers tend their TRICARE benefit for up to (Purpose: To authorize the Secretary of the 120 days after they separated from Navy to fund Department of Veterans Af- and surface warfare officers for early com- fairs space renovations when the Secretary mitments to remain on active duty) service. Those with under 6 years of Veterans Affairs makes additional land On page 192, after line 20, insert the fol- would be allowed to extend their cov- available to the Navy at Great Lakes lowing: erage for up to 60 days after they sepa- Naval Training Center) SEC. 621. ELIGIBILITY FOR CERTAIN CAREER rated from service. At the end of subtitle A of title III, add the CONTINUATION BONUSES FOR I understand that the Department of following: EARLY COMMITMENT TO REMAIN ON Defense was going to request re-au- ACTIVE DUTY. SEC. 306. FUNDS FOR RENOVATION OF DEPART- thorization of this benefit in light of (a) AVIATION OFFICERS.—Section 301b(b)(4) MENT OF VETERANS AFFAIRS FA- the current crisis. However, their re- CILITIES ADJACENT TO NAVAL of title 37, United States Code, is amended by TRAINING CENTER, GREAT LAKES, striking ‘‘has completed’’ and inserting ‘‘is quest will probably not come to Con- ILLINOIS. within one year of the completion of’’. gress in time to be attached to the fis- (a) AVAILABILITY OF FUNDS FOR RENOVA- (b) SURFACE WARFARE OFFICERS.—Section cal year 2002 authorization bill. It is TION.—Subject to subsection (b), of the 319(a)(3) of title 37, United States Code, is time that we act now, in the name of amount authorized to be appropriated by amended by striking ‘‘has completed’’ and these brave soldiers, sailors, airmen, section 301(2) for operations and mainte- inserting ‘‘is within one year of the comple- and Marines. But moreover, we must tion of’’. nance for the Navy, the Secretary of the expand this benefit to other critical Navy may make available to the Secretary AMENDMENT NO. 1797 of Veterans Affairs up to $2,000,000 for reloca- parts of our force—reservists and na- tion of Department of Veterans Affairs ac- Mrs. CARNAHAN. Mr, President, last tional guard members. tivities and associated renovation of existing week I spoke of a group of Americans Currently, when Reservists are called facilities at the North Chicago Department who will be on the front lines of the up, they are temporarily considered ac- of Veterans Affairs Medical Center. new war on terrorism—reservists and tive duty components. While they are (b) LIMITATION.—The Secretary of the Navy national guard members. President in harm’s way, members of the reserves may make funds available under subsection Bush has authorized the call-up of and national guard, and their depend- (a) only after the Secretary of the Navy and 50,000 of these citizen soldiers. ents, are entitled to the same military the Secretary of Veterans Affairs enter into Together with a bipartisan group of an appropriate agreement for the use by the health care coverage as other military Secretary of the Navy of approximately 48 Senators, I offered legislation that I personnel—what is called, TRICARE. acres of real property at the North Chicago believe would greatly support these Reservists who have deployed for more Department of Veterans Affairs property re- brave men and women, and their fami- than 30 days during a major contin- ferred to in subsection (a) for expansion of lies. This amendment would allow gency may extend their military the Naval Training Center, Great Lakes, Illi- those called to active duty and their health care coverage for 30 days after nois. families to have access to uninter- they return. rupted health care coverage. My My amendment will provide comfort AMENDMENT NO. 1806 amendment is based on legislation I in- to thousands of military families (Purpose: To provide an amount for the troduced with Senator DEWINE earlier whose loved ones risk their lives de- training of active duty and reserve compo- nent personnel in the management of the this year. It would allow reservists re- fending our Nation. But more impor- consequences of an incident involving the turning from deployments, to extend tantly, it would be part of our national use or threat of use of a weapon of mass de- their TRICARE coverage for close to effort to unite behind our troops during struction) six months or until their civilian this time of national crisis. On page 65, after line 24, insert the fol- health insurers returned their coverage Over 50,000 reservists may soon be lowing: to them. called into service. As President Bush SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- Today, I have expanded the scope of himself has said, ‘‘We’re talking about ING. this legislation to cover not only re- somebody’s mom, or somebody’s dad, Of the amount authorized to be appro- serve components, but two other cat- somebody’s employee, somebody’s priated by section 301(5), $5,000,000 may be egories of military personnel who will friend, or somebody’s neighbor.’’ available for the training of members of the require help transitioning to civilian I want to thank both Senators LEVIN Armed Forces (including reserve component personnel) in the management of the con- life once their active duty service has and WARNER as well as their staffs for sequences of an incident involving the use or ended. their important assistance in writing threat of use of a weapon of mass destruc- First, there are active duty personnel this legislation. Together, we crafted a tion. who are involuntarily retained. These measure that will assure our service

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18150 CONGRESSIONAL RECORD—SENATE October 1, 2001 personnel that when they return home minimizing the kinds of irregularities elections for Federal, State, and local they will not be denied health care be- and problems our men and women in offices, provide overseas voters and ab- cause of their military service. uniform witnessed last year in casting sent uniformed service voters with a Mr. LEVIN. Mr. President, I move to their ballots and having their ballots meaningful opportunity to exercise reconsider the vote. counted. their voting rights as citizens of the Mr. WARNER. I move to lay that mo- As we prepare to defend our democ- United States; second, to count an ab- tion on the table. racy, as we talk about this the most sentee ballot for an election for Fed- The motion to lay on the table was significant of the bills we debate and eral, State, or local office that is time- agreed to. discuss on national security, I think it ly submitted by an overseas voter or Mr. LEVIN. Mr. President, I believe is vital that we also work together in a absent uniform services voter to the now we have cleared the decks of all bipartisan fashion to strengthen our proper official and is otherwise valid; cleared amendments. We are hoping democracy at home. So I commend and third, it permits absent uniformed more can be cleared yet tonight. We thank our colleagues for adding these services voters to use absentee reg- will be here at least for a few minutes. provisions to the Defense authorization istration procedures and vote by absen- For the moment, I suggest the absence bill. tee ballot in primary, general, special, of a quorum. This is a new world, as we have all and runoff elections for State and local The PRESIDING OFFICER. The heard repeated over and over again offices; lastly, to accept and process clerk will call the roll. during the last several weeks. We are any voter registration application from The legislative clerk proceeded to living in a new world where our very an absent uniformed services voter if call the roll. democracy is under assault. In fact, if the application is received by the State Mr. DODD. Mr. President, I ask unan- I can quote from President Bush’s re- official not less than 30 days before the imous consent the order for the cent speech to the joint session of Con- date of the election and is otherwise quorum call be dispensed with. gress, the reason we are under attack valid. The PRESIDING OFFICER. Without is because of our democratic system. I fully support all of these Federal re- objection, it is so ordered. As the President said just a few nights quirements. Importantly, this bill Mr. DODD. Mr. President, I ask unan- ago: mandates these requirements. The bill doesn’t say that it would permit any imous consent the Senator from Mary- They hate what they see right here in this land, Mr. SARBANES, and the Senator Chamber, a democratically elected govern- State to opt out of these desperately from Maine, Ms. SNOWE, be added as co- ment. Their leaders are self appointed. They needed reforms. These are mandates. sponsors of the just-adopted fire act hate our freedoms: Our freedom of religion, The States shall do this regardless of amendment, if I may. our freedom of speech, our freedom to vote jurisdiction. These men and women are The PRESIDING OFFICER. Without and assemble, and to disagree with each serving in our Federal uniformed serv- objection, it is so ordered. other. ices. They are protecting our Nation. Mr. DODD. I further ask unanimous Those are important statements. So Whether they are voting for a local consent that any additional Members as we prepare to send troops possibly office or the Presidency of the United have until the close of business today into harm’s way, it is necessary that States, we have to mandate these re- to add themselves as cosponsors. we try to do everything we can to se- quirements. The PRESIDING OFFICER. Without cure for these brave men and women The chairman of the committee, the objection, it is so ordered. their precious freedom—the freedom to ranking member, and Republicans and Mr. DODD. Mr. President, if I may, I vote. Democrats alike support mandated want to take just a few minutes, while I can think of few more important provisions in the context of voting the chairman and ranking member are statements the United States could rights for uniformed services voters. The only way to guarantee that such off the floor, to comment on some make to terrorists than to take steps requirements become part of the voting other aspects of this bill that is before to strengthen and secure the right to rights for uniformed services voters is us, the Department of Defense author- vote for all eligible Americans, and to in fact to mandate them and to give ization bill, and to comment about a have their votes counted. If the terror- the States the resources they may re- larger measure. ists harbored any illusions that they quire to implement these provisions. I have filed an amendment which I would destabilize our democracy by This bill is an important and long may offer. I doubt if I will, but I want perpetrating acts of evil against inno- overdue effort to ensure that our uni- to talk about it, if I may. I rise to cent people, our determination to formed services voters, regardless of speak about the election reform provi- strengthen the right to vote proves race, ethnicity, disability, the lan- sions contained in the DOD authoriza- that the terrorists are sadly mistaken. guage they speak, or the resources of tion bill. First, let me applaud the The provisions of this bill help ensure the community they live in, either members of the committee for includ- that right by setting uniform non- abroad or in America, have an equal ing these provisions in the DOD au- discriminatory voting standards, resi- opportunity to cast their votes and thorization bill. dency requirements, and registration have their votes counted. We are all familiar with the fact that of balloting rights for uniformed serv- But we also need to make sure that last year in the national elections ice voters and their spouses and de- when these uniformed services voters there were issues raised about the abil- pendents. There are over 6 million men and their families return to civilian ity of our men and women in uniform and women who serve in our uniformed life, their rights to vote remain pro- to cast ballots and have those ballots services. These citizens put themselves tected regardless of race, ethnicity, counted. I know the Presiding Officer, on the line and are at risk every day to disability, the language they speak, or the Senator from South Carolina, who protect our Nation. Yet, in some cases, the resources of the community in represents major military installations when they cast their votes, those votes which they live—whether it is abroad in his State, men and women from his have not been counted. This is unac- or in America, in my view. State who have served in significantly ceptable. It is most appropriate that Today we are ensuring in this bill the high numbers, has talked about their we address this inadequacy in the text right to cast a vote and have that vote right to vote. of the Department of Defense author- counted for our uniformed services vot- At this very hour, as we are gathered ization measures. ers. here, many of them are scattered to I fully support these provisions which I see the presence of the distin- the four corners of the globe, pro- provide for certain minimum Federal guished ranking member, Senator tecting and defending the interests of requirements for voting and registra- WARNER. I commend the Senator and our Nation. There were provisions tion. Specifically, this provision re- Senator LEVIN for incorporating these adopted in the committee print which I quires States to ensure that each vot- voting rights for our men and women think go a significant way toward ing system used within a State for in uniform.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18151 Before this Congress recesses for the fits all’’. On the contrary, in my bill istered—to then actually cast their year, or in the alternative, at the ear- States are merely required to adopt the ballot and have that vote counted. liest opportunity next year, I hope we Federal standards for voting systems Thirdly, the distribution of sample set similar minimum Federal stand- and equipment governed by the Federal ballots and voting instructions: Thus ards to ensure the same opportunity Election Commission. At this time, far, every jurisdiction has sample bal- for all eligible American voters, re- over 36 States have voluntarily adopted lots, the issue is how and whether gardless of race, ethnicity, disability, these VSS standards. Those standards those sample ballots are distributed. the language they speak, or the re- do not require specific machines or Because of the many different factors sources of the community in which software but rather specific that influence ballots, such as con- they live—whether it is abroad or in functionality and performance. For ex- stitutional amendments or referen- America. ample, voting systems must have some dums, it can be costly and labor inten- We must enact such comprehensive error notification functions, be acces- sive to print and distribute such sam- election reforms while there is time to sible to disabled voters, and have a ca- ple ballots. affect the elections for Federal offices pacity for audit trail to avoid fraud. Today, having people take a look at in the year 2002 to the extent possible, Those basic requirements are not ter- sample ballots before you actually go and more particularly the next Presi- ribly complicated. I don’t think that is in to vote just might facilitate the dential election in the year 2004. a radical idea in the 21st century. process, raise the level of awareness, To this end, I have filed my com- When you are voting for the Presi- and give people a chance to become prehensive election reform bill, S. 565, dency of the United States, and when more familiar with what is on the bal- the Dodd-Conyers bill, as an amend- you are voting for the national assem- lot. It is a value. ment to the Defense Department au- bly, how people vote in one jurisdiction Those are all three of the require- thorization act. The Rules Committee affects the votes of others in other ju- ments. The big battle is over whether ordered this measure reported on Au- risdictions. You are not just voting for or not they ought to be voluntary or gust 2 by a vote of 10–0. The Dodd-Con- a local office. If you get it wrong in mandated. yers bill—the Equal Protection Voting Connecticut when voting for the Presi- In the DOD bill, we said when it Rights Act of 2001—I believe, as well as dent, then voters in South Carolina comes to uniformed services, this is 51 of my colleagues, is the strongest have their vote diluted because the not a choice you have, it is mandated. and most comprehensive election re- outcome could affect how they cast If this bill is adopted, we will mandate form proposal that has been introduced their ballots from South Carolina. that every jurisdiction in America— in Congress today. For that reason, it In Presidential elections, a national whether you like it or not—is going to enjoys more support than any other Congress having minimum Federal see to it that men and women in uni- election reform bill in both Houses. Standard that applies to all 50 States is form have the right to vote and their Some 211 Democrat and Republican and absolutely required. Otherwise, you vote counted. independent Members of Congress sup- lend yourself to be open to the prob- It is not a great leap to say if it is port this legislation. ability that in local areas where voters good for uniformed services voters, it is Let me briefly describe once again to may not be allowed to vote, or the also good to mandate the three basic my colleagues what this bill will do. In votes can’t be counted, the overall out- minimum Federal requirements for all fact, it is completely consistent with come is affected. That dilutes the eligible voters, particularly when you the provisions contained in this DOD rights of other voters in other jurisdic- are talking about elections of the Pres- authorization bill for the men and tions who have done it right and is a idency and the National Congress? women in uniform. violation of the ‘‘one person, one vote’’ I am not going to offer this larger Specifically, the Dodd-Conyers bill principle. This is not a radical idea. provision on this bill. We have already creates a temporary commission to The second requirement is provi- incorporated in committee the min- study election reform issues and then sional voting. Again, this is not a rad- imum voting requirements for men and submit a report of recommendations in ical idea. Many jurisdictions already women in uniform. I strongly support those areas. do it. what the committee has done. But I do It creates a grant program to States Very simply, someone shows up to want to raise the issue. and localities for Federal funds to ac- vote. They claim they have registered I know in the midst of everything quire updating voting systems and to vote. They have filled out all the pa- else that is going on, it is not terribly technology, improve voting registra- perwork. And, for whatever reason, the likely—although it may become likely tion systems, and educate voters and person sitting in that precinct says: I if the session runs longer than some poll workers. am sorry, we don’t have your name on anticipate—to actually bring up the Lastly, it establishes three minimum the voter registration lists or there is a election reform bill. Federal requirements for elections for challenge for some other reason. We I cannot think of anything we could Federal office, effective year 2004, with don’t think you are registered to vote. do that would express our sense of authorization for appropriations to pay At that point, you become a provi- unity as Americans—I guess memories for these requirements. sional voter. You allow that person to may fade a little bit, and obviously the These three requirements are: cast their ballot. Like an absentee bal- events of September 11 are so huge that No. 1, Federal standards for voting lot, you set it aside and allow that many people may have forgotten the systems, machines and technology; process to go forward. The person casts amount of time and attention the Na- No. 2, provisional voting; and their ballot, the ballot is set aside, and tion took last year—almost a year No. 3, distribution of sample ballots at the end of the process, you go back ago—on November 7th with the na- and voting instructions. and determine whether or not the voter tional election. In the weeks that went These three areas are not radical was an eligible voter and otherwise en- by before we resolved what occurred, ideas for Federal requirements. The titled to cast a vote and have that vote night after night we watched what hap- Federal standards for voting machines counted. If the voter was right, you pened in the State of Florida, because do not dictate what specific voting ma- cast the ballot. If the voter was wrong, that State happened to be the pivotal chine ought to be used by States and you don’t cast the ballot. one. I quickly point out the problems localities. How people vote in Virginia, This is not terribly complicated. I existed in almost every State. And in South Carolina, Connecticut, or Michi- think, depending on the definition of some States, Georgia and Illinois for gan ought to be up to what local people ‘‘provisional ballot’’ process used, all example, the problems were much more want to do; which machine; which sys- jurisdictions already have some form significant than the problems in Flor- tem they want to have in place. We of ‘‘provision balloting’’. Again, it al- ida, we now know. don’t decide that at the Federal level. lows people who believe they have But I think we ought to go back and We do not use the approach of ‘‘one size voted—in many cases properly reg- remind ourselves of what occurred and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18152 CONGRESSIONAL RECORD—SENATE October 1, 2001 how disappointed we were, as Ameri- year ago across the nation for our men hiding in the shadows of the world to- cans, to see a voting system that had and women in uniform serving overseas night, possibly planning some form of fallen into such disrepair. We were lec- when they want to cast votes and have terrorist attack, disregarding basic turing the rest of the world on how to their votes counted. rights of people, than to say that in the vote. We had sent teams all over the My hope is we can complete the proc- target of your hostility, in a place globe, going to Third World countries, ess now by providing comprehensive called America, people have an equal to show them how we do it in America. election reform for every eligible opportunity to cast a vote and have Well, now the world has gotten a good American voter who desires to cast a those votes counted. We are going to view of how we did it in America. vote and have that vote counted, just make it stronger in the coming days Frankly, we were not terribly im- as we provide for our men and women and weeks, not weaker. pressed nor was the world. in uniform. The men and women in uni- So I commend, again, the committee So I cannot think of a better message form will be the first to tell you they for their efforts. I further look forward we could give to terrorists, and others do not want to be treated differently in to the opportunity when we can bring who want to destabilize our country, that regard. They are citizens of the up a comprehensive election reform than that we are going to get our vot- country. They are citizen soldiers, but bill to right the wrongs and concerns ing system right, that we are going to citizens. And the right to vote and that I think all of us agree occurred in come together, as Democrats and Re- have your vote counted ought to be a last year’s national elections. What publicans, and fashion a system that right that is guaranteed to every eligi- better message can we send to the makes us all proud. My hope is that ble U.S. citizen who meets the require- caves of Afghanistan, or wherever will happen. ments, regardless of race, ethnicity, these people may be residing—they As some may know, I have had dis- disability, the language they speak, or may be watching this debate—than cussions with my good friend from Mis- the resources of the community they that you may try, over and over again, souri, Senator KIT BOND, who has some live in, whether abroad or in the to do everything to destabilize this very strong ideas on how we could min- United States. country, but the people who cast their imize voter fraud in this country. And So my hope is that in the midst of all ballots on that plane that crashed in it is a problem. He said something that the other things we are going to do to Pennsylvania are a reflection of who I think is true, that we ought to have make our country stronger, to make it we are as a people. You will never deny as sort of a slogan on this bill that it more secure, to protect our airports, to us the right to vote and the right to ought to be easy to vote and very dif- protect our buildings, to protect our choose our leaders democratically. I ficult to commit fraud. And today it is people from the threats of terrorist at- think the bill that JOHN CONYERS and I hard to vote and maybe pretty easy to tack, the one thing we might also try have offered in the House and the Sen- commit fraud. We need to reverse that to do in the midst of all of this is to ate, with some 51 cosponsors in this trend. make our elections process stronger Chamber, goes a long way to achieving So I am hopeful he and I can work and prove that our democracy is that desired result. out some proposal that we can present strong. Mr. President, I yield the floor and to the entire body here, possibly before It has been pointed out—I mentioned suggest the absence of a quorum. we end this session of Congress. What a it earlier today—the tremendous heroic The PRESIDING OFFICER. The tremendous message we could send, achievements of the passengers on the clerk will call the roll. that we are improving the voting proc- flight that crashed in Pennsylvania. The legislative clerk proceeded to ess in this country. These requirements Many of us believe that plane may call the roll. that I have laid out and talked about have very well been headed for Wash- Mr. BOND. Mr. President, I ask unan- have already been adopted by many ington, DC, and headed for this very imous consent that the order for the States. building. We do not know exactly what quorum call be rescinded. The Voting systems standards have happened there, but it appears as The PRESIDING OFFICER. Without been voluntarily adopted by over 36 though some very heroic passengers objection, it is so ordered. Mr. BOND. Mr. President, I ask unan- States. As I mentioned earlier, provi- took some very courageous action. imous consent to speak as in morning sional voting, or some aspect of a pro- In fact, we do know from cell phone business for 5 minutes. visional balloting procedure, has also conversations that they did something The PRESIDING OFFICER. Without been adopted in every State and the that ought to remain in the minds of objection, it is so ordered. District of Columbia by statues. For every one of us. They, in the midst of The Senator from Missouri is recog- example, 20 States have provisional all of this, decided to have a vote about nized. balloting statutes, 12 States contain what to do, according to the cell phone (The remarks of Mr. BOND per- some aspect of the provisional process, conversations of several spouses who taining to the introduction of S. 1479 not all of them and about 18 States heard from their husbands. are located in today’s RECORD under have no provisional ballot statutes but Imagine this: Here are terrorists on a ‘‘Statements on Introduced Bills and contain some related provisions, such plane who are about to crash this Joint Resolutions.’’) as same-day voter registration. plane—maybe into this very building, Mr. BOND. I suggest the absence of a The third requirement is sample bal- or some other facility; symbols of our quorum. lot distribution and voting instruc- democracy, our freedom, and our The PRESIDING OFFICER (Mr. CAR- tions. It is fairly straightforward. My rights—and the passengers on that PER). The clerk will call the roll. best information indicates that at this doomed aircraft decided to cast a bal- The assistant legislative clerk pro- time all States and the District of Co- lot about what to do. ceeded to call the roll. lumbia have laws providing for some Mr. President, I would like to see us Mr. LEVIN. Madam President, I ask form of sample ballots. However, how be able to cast our ballots as far as the unanimous consent that the order for these sample ballots are distributed ap- eye can see in the future of this coun- the quorum call be rescinded. pears to vary quite significantly from try, and to see that this process is The PRESIDING OFFICER (Mrs. State to State. strengthened, that every citizen, race, CARNAHAN). Without objection, it is so I will not go into all the details here. ethnicity, disability, the language they ordered. I don’t want to take the time of my speak, the resources of the community AMENDMENTS NOS. 1809 THROUGH 1820, EN BLOC colleagues. Suffice it to say that the in which they live, can have an equal Mr. LEVIN. Madam President, I ask committee deserves a great deal of opportunity to cast a vote and an equal unanimous consent that it be in order credit for what they have done for our opportunity to have that vote counted. now to send 12 amendments to the desk men and women in uniform. The Fed- I cannot think of a better message and that they be considered en bloc. I eral mandate ought to substantially that we could send, beyond the things understand these amendments have minimize the problems that occurred a we are doing already, to those who are now been cleared by the other side.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18153 The PRESIDING OFFICER. Is there TEST, AND EVALUATION, DEFENSE-WIDE.—The retary of the Air Force, Commander in Chief objection? amount authorized to be appropriated by of the United States Strategic Command, Mr. WARNER. Madam President, the section 201(4) for research, development, test, and the Chief of the National Guard Bureau. amendments have been cleared on this and evaluation, Defense-wide, is hereby in- AMENDMENT NO. 1814 side. creased by $2,800,000. (b) AVAILABILITY.—Of the amount author- (Purpose: To require a report on health and The PRESIDING OFFICER. Without ized to be appropriated by section 201(4), as disability benefits for pre-accession train- objection, it is so ordered. increased by subsection (a), $2,800,000 may be ing and education programs) Mr. LEVIN. I urge the Senate adopt available for the Special Operations Forces On page 171, between lines 2 and 3, insert these 12 amendments. Command, Control, Communications, Com- the following: The PRESIDING OFFICER. The puters, and Intelligence Systems Threat SEC. 589. REPORT ON HEALTH AND DISABILITY clerk will report. Warning and Situational Awareness (PRI- BENEFITS FOR PRE-ACCESSION The legislative clerk read as follows: VATEER) program (PE1160405BB). TRAINING AND EDUCATION PRO- GRAMS. The Senator from Michigan [Mr. LEVIN] (c) OFFSET.—The amount authorized to be proposes amendments numbered 1809 through appropriated by section 301(5) for operation (a) STUDY.—The Secretary of Defense shall 1820, en bloc. and maintenance for Defense-wide activities conduct a review of the health and disability is hereby reduced by $2,800,000. benefit programs available to recruits and The amendments are as follows: officer candidates engaged in training, edu- AMENDMENT NO. 1809 AMENDMENT NO. 1812 cation, or other types of programs while not (Purpose: To authorize, with an offset, an ad- (Purpose: To set aside funds for the critical yet on active duty and to cadets and mid- ditional $6,500,000 for research, develop- infrastructure protection initiative of the shipmen attending the service academies. ment, test, and evaluation Defense-wide, Navy) The review shall be conducted with the par- with $5,000,000 allocated for the Big Crow ticipation of the Secretaries of the military On page 65, after line 24, insert the fol- Program and $1,500,000 allocated for the departments. lowing: Defense Systems Evaluation program) (b) REPORT.—Not later than March 1, 2002, SEC. 335. CRITICAL INFRASTRUCTURE PROTEC- the Secretary shall submit to the Committee At the end of subtitle B of title II, add the TION INITIATIVE OF THE NAVY. on Armed Services of the Senate and the following: Of the amount authorized to be appro- Committee on Armed Services of the House SEC. 215. BIG CROW PROGRAM AND DEFENSE priated by section 301(2), $6,000,000 may be of Representatives a report on the findings of SYSTEMS EVALUATION PROGRAM. available for the critical infrastructure pro- the review. The report shall include the fol- (a) INCREASE IN AUTHORIZATION OF APPRO- tection initiative of the Navy. lowing with respect to persons described in PRIATIONS FOR RESEARCH, DEVELOPMENT, subsection (a): TEST, AND EVALUATION, DEFENSE-WIDE.—The AMENDMENT NO. 1813 (1) A statement of the process and detailed amount authorized to be appropriated by At the appropriate place, insert: procedures followed by each of the Armed section 201(4) for research, development, test, STUDY AND PLAN.— Forces under the jurisdiction of the Sec- and evaluation, Defense-wide, is hereby in- (a) With the submission of the fiscal year retary of a military department to provide creased by $6,500,000, with the amount of the 2003 budget request, the Secretary of Defense health care and disability benefits to all increase to be available for operational test shall provide to the congressional defense such persons injured in training, education, and evaluation (PE605118D). committees a report and the Secretary’s rec- or other types of programs conducted by the (b) AVAILABILITY OF FUNDS.—Of the ommendations on options for providing the Secretary of a military department. amount authorized to be appropriated by helicopter support missions for the ICBM (2) Information on the total number of section 201(4), as increased by subsection wings at Minot AFB, North Dakota; cases of such persons requiring health care (a)— Malmstrom AFB, Montana; and F.E. Warren and disability benefits and the total number (1) $5,000,000 may be available for the Big AFB, Wyoming, for as long as these missions of cases and average value of health care and Crow program; and are required. disability benefits provided under the au- (2) $1,500,000 may be available for the De- (b) Options to be reviewed include: thority for each source of benefits available fense Systems Evaluation (DSE) program. (1) the Air Force’s current plan for replace- to those persons. (c) OFFSET.—The amount authorized to be ment or modernization of UH–1N helicopters (3) A discussion of the issues regarding appropriated by section 301(5) for operation currently flown by the Air Force at the mis- health and disability benefits for such per- and maintenance for Defense-wide activities sile wings; sons that are encountered by the Secretary is hereby reduced by $6,500,000. (2) replacement of the UH–1N helicopters during the review, to include discussions currently flown by the Air Force with UH–60 AMENDMENT NO. 1810 with individuals who have received those Black Hawk helicopters, the UH–1Y, or an- benefits. (Purpose: Authorization.—$2,500,000 is au- other platform; (4) A statement of the processes and de- thorized for appropriations in section (3) replacement of UH–1N helicopters with tailed procedures followed by each of the 201(1), in PE62303A214 for Enhanced UH–60 helicopters and transition of the mis- Armed Forces under the jurisdiction of the Scramjet Mixing) sion to the Army National Guard, as detailed Secretary of a military department to pro- At the appropriate place in the bill, add in a November 2000 Air Force Space Com- vide recruits and officer candidates with suc- the following: mand/Army National Guard plan, ‘‘ARNG cinct information on the eligibility require- SEC. 201(1). AUTHORIZATION OF ADDITIONAL Helicopter Support to Air Force Space Com- ments (including information on when they FUNDS. mand;’’ become eligible) for health care benefits AUTHORIZATION.—The amount authorized (4) replacement of UH–1N helicopters with under the Defense health care program, and to be appropriated in section 201(1) is in- UH–60 helicopters or another platform, and the nature and availability of the benefits creased by $2,500,000 in PE62303A214 for En- establishment of composite units combining under the program. hanced Scramjet Mixing. active duty Air Force and Army National (5) A discussion of the necessity for legisla- OFFSET.—The amount authorized to be ap- Guard personnel; and, tive changes and specific legislative pro- propriated by section 301(5) is reduced by (5) other options as the Secretary deems posals needed to improve the benefits pro- $2,500,000. appropriate. vided those persons. (c) Factors to be considered in this anal- AMENDMENT NO. 1811 ysis include: AMENDMENT NO. 1815 (Purpose: To authorize, with an offset, (1) any implications of transferring the $2,800,000 for the Special Operations Forces helicopter support missions on the command At the appropriate place, insert: Command, Control, Communications, Com- and control of and responsibility for missile The Senate finds that a national tragedy puters, and Intelligence Systems Threat field force protection; occurred on September 11, 2001, whereby en- Warning and Situational Awareness (PRI- (2) current and future operational require- emies of freedom and democracy attacked VATEER) program) ments, and the capabilities of the UH–1N, the the United States of America and injured or UH–60 or other aircraft to meet them; killed thousands of innocent victims; At the end of subtitle A of title II, add the The Senate finds that the perpetrators of following: (3) cost, with particular attention to op- portunities to realize efficiencies over the these reprehensible attacks destroyed brick SEC. 203. FUNDING FOR SPECIAL OPERATIONS and mortar buildings, but the American spir- FORCES COMMAND, CONTROL, COM- long run; MUNICATIONS, COMPUTERS, AND IN- (4) implications for personnel training and it and the American people have become TELLIGENCE SYSTEMS THREAT retention; and, stronger as they have united in defense of WARNING AND SITUATIONAL (5) evaluation of the assumptions used in their country; AWARENESS PROGRAM. the plan specified in (b)(3) above. The Senate finds that the American people (a) INCREASED AUTHORIZATION OF APPRO- (d) The Secretary shall consider carefully have responded with incredible acts of her- PRIATIONS FOR RESEARCH, DEVELOPMENT, the views of the Secretary of the Army, Sec- oism, kindness, and generosity;

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18154 CONGRESSIONAL RECORD—SENATE October 1, 2001 The Senate finds that the outpouring of ‘‘(A) Any accessory or item of supply that Forces and covered beneficiaries under the volunteers, blood donors, and contributions is used in conjunction with the device for the TRICARE program. of food and money demonstrates that Amer- purpose of achieving therapeutic benefit and (b) REPORT.—Not later than March 31, 2002, ica will unite to provide relief to the victims proper functioning. the Secretary shall submit to the Commit- of these cowardly terrorist acts; ‘‘(B) Services necessary to train the recipi- tees on Armed Services of the Senate and the The Senate finds that the American people ent of the device in the use of the device. House of Representatives a report on the stand together to resist all attempts to steal ‘‘(C) Repair of the device for normal wear study, including the conclusions and any rec- their freedom; and and tear or damage. ommendations for legislation that the Sec- Whereas united, Americans will be vic- ‘‘(D) Replacement of the device if the de- retary considers appropriate. torious over their enemies, whether known vice is lost or irreparably damaged or the SEC. 710. EFFECTIVE DATE. or unknown: Now, therefore, it is the sense cost of repair would exceed 60 percent of the of the Senate that— cost of replacement. (1) the Secretary of the Treasury should— ‘‘(2) An augmentative communication de- AMENDMENT NO. 1818 (A) immediately issue savings bonds, to be vice may be provided as a voice prosthesis (Purpose: To amend Title 5 of the United designated as ‘‘Unity Bonds’’; and under subsection (a)(15). States Code to authorize payment of hos- (B) report quarterly to Congress on the ‘‘(3) A prosthetic device customized for a tile fire pay to civilian employees of the revenue raised from the sale of Unity Bonds; patient may be provided under this section federal government under certain condi- and only by a prosthetic practitioner who is tions) (2) the proceeds from the sale of Unity qualified to customize the device, as deter- Bonds should be directed to the purposes of mined under regulations prescribed by the SEC. . HOSTILE FIRE OR IMMINENT DANGER rebuilding America and fighting the war on Secretary of Defense in consultation with PAY terrorism. the administering Secretaries.’’. (a) IN GENERAL.—Chapter 59, Subchapter SEC. 707. DURABLE MEDICAL EQUIPMENT. IV of title 5, United States Code, is amended AMENDMENT NO 1816 . (a) ITEMS AUTHORIZED.—Section 1077 of by adding at the end the following new sec- At the appropriate place, insert: title 10, United States Code, as amended by tion: SEC. . PERSONNEL PAY AND QUALIFICATIONS section 706, is further amended— ‘‘§ 5949 Hostile fire or imminent danger pay AUTHORITY FOR DEPARTMENT OF (1) in subsection (a)(12), by striking ‘‘such ‘‘(a) The head of an Executive agency may DEFENSE PENTAGON RESERVATION as wheelchairs, iron lungs, and hospital CIVILIAN LAW ENFORCEMENT AND pay an employee special pay at the rate of SECURITY FORCE. beds,’’ and inserting ‘‘which’’; and $150 for any month in which the employee, Section 2674(b) of title 10, United States (2) by adding at the end the following new while on duty in the United States— subsection: Code, is amended— ‘‘(1) was subject to hostile fire or explosion ‘‘(g)(1) Items that may be provided to a pa- (1) by inserting ‘‘(1)’’ before the text in the of hostile mines; tient under subsection (a)(12) include the fol- first paragraph of that subsection; ‘‘(2) was in an area of the Pentagon in (2) by redesignating paragraphs (1) and (2) lowing: which the employee was in imminent danger as subparagraphs (A) and (B), respectively, ‘‘(A) Any durable medical equipment that and can improve, restore, or maintain the func- of being exposed to hostile fire or explosion (3) by adding at the end the following new tion of a malformed, diseased, or injured of hostile mines and in which, during the pe- paragraph: body part, or can otherwise minimize or pre- riod on duty in that area, other employees ‘‘(2) For positions whose permanent duty vent the deterioration of the patient’s func- were subject to hostile fire or explosion of station is the Pentagon Reservation, the tion or condition. hostile mines; Secretary, in his role and exclusive discre- ‘‘(B) Any durable medical equipment that ‘‘(3) was killed, injured, or wounded by hos- tion, may— can maximize the patient’s function con- tile fire, explosion of a hostile mine, or any ‘‘(A) without regard to the pay provisions sistent with the patient’s physiological or other hostile action; or of title 5, fix the rates of basic pay for such medical needs. ‘‘(4) was in an area of the Pentagon in positions occupied by civilian law enforce- ‘‘(C) Wheelchairs. which the employee was subject to the ment and security personnel appointed under ‘‘(D) Iron lungs, threat of physical harm or imminent danger the authority of this section so as to place ‘‘(E) Hospital beds. on the basis of civil insurrection, civil war, such personnel on a comparable basis with ‘‘(2) In addition to the authority to provide terrorism, or wartime conditions. other similar federal law enforcement and durable medical equipment under subsection ‘‘(b) An employee covered by subsection security organizations within the vicinity of (a)(12), any customization of equipment (a)(3) who is hospitalized for the treatment the Pentagon Reservation, not to exceed owned by the patient that is durable medical of his injury or wound may be paid special basic pay for personnel performing similar equipment authorized to be provided to the pay under this section for not more than duties in the Uniformed Division of the Se- patient under this section or section three additional months during which the cret Service or the Park Police. 1079(a)(5) of this title, and any accessory or employee is so hospitalized. AMENDMENT NO. 1817 item of supply for any such equipment, may ‘‘(c) For the purpose of this section, be provided to the patient if the (Purpose: To further improve benefits under ‘‘United States’’ means the several States, the TRICARE program) customization, accessory, or item of supply the District of Columbia, the Commonwealth is essential for— of Puerto Rico, the Commonwealth of the On page 222, line 17, and after ‘‘include ‘‘(A) achieving therapeutic benefit for the Northern Mariana Islands, and the terri- comprehensive health care,’’ insert the fol- patient; tories and possessions of the United States. lowing ‘‘including services necessary to ‘‘(B) making the equipment serviceable; or maintain function, or to minimize or prevent ‘‘(d) An employee may be paid special pay ‘‘(C) otherwise assuring the proper func- deterioration of function, of the patient,’’ under this section in addition to other pay On page 226, strike line 15, and insert the tioning of the equipment.’’. and allowances to which entitled. Payments following: (b) PROVISION OF ITEMS ON RENTAL BASIS.— under this section may not be considered to Paragraph (5) of section 1079(a) of such title SEC. 706. PROSTHETICS AND HEARING AIDS. be part of basic pay of an employee.’’. is amended to read as follows: Section 1077 of title 10 United States Code, (b) TECHNICAL AMENDMENT.—The table of ‘‘(5) Durable equipment provided under this is amended— sections at the beginning of chapter 59 of (1) in subsection (a), by adding at the end section may be provided on a rental basis.’’. such title is amended by inserting at the end the following: SEC. 708. REHABILITATIVE THERAPY. the following new item: ‘‘(16) A hearing aid, but only for a depend- Section 1077(a) of title 10, United States ‘‘Sec. 5949 Hostile fire or imminent danger ent of a member of the uniformed services on Code, as amended by section 706(1), is further pay.’’. active duty and only if the dependent has a amended by inserting after paragraph (16) (c) EFFECTIVE DATE.—This provision is ef- profound hearing loss, as determined under the following new paragraph: fective as if enacted into law on September standards prescribed in regulations by the ‘‘(17) Any rehabilitative therapy to im- 11, 2001, and may be applied to any hostile Secretary of Defense in consultation with prove, restore, or maintain function, or to action that took place on that date or there- the administering Secretaries.’’; minimize or prevent deterioration of func- after. (2) in subsection (b)(2), by striking ‘‘Hear- tion, of a patient when prescribed by a physi- cian.’’. ing aids, orthopedic footwear,’’ and inserting AMENDMENT NO. 1819 ‘‘Orthopedic footwear’’; and SEC. 709. MENTAL HEALTH BENEFITS. (Purpose: To provide family support benefits (3) by adding at the end the following new (a) REQUIREMENT FOR STUDY.—The Sec- for the families of members of the Armed subsection: retary of Defense shall carry out a study to ‘‘(f)(1) Authority to provide a prosthetic determine the adequacy of the scope and Forces involved in national emergency op- device under subsection (a)(15) includes au- availability of outpatient mental health ben- erations of the Armed Forces) thority to provide the following: efits provided for members of the Armed At the end of title VI, add the following:

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18155 Subtitle F—National Emergency Family gram provides aircraft to replicate The motion to lay on the table was Support enemy and friendly aircraft in testing agreed to. SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. Army air defense programs and tech- Mr. LEVIN. Madam President, we (a) AUTHORITY.—The Secretary of Defense nology. Both of these programs provide had hoped and expected there was may provide assistance for families of mem- vital test support assets used by all the going to be an additional amendment bers of the Armed Forces serving on active military services. Unfortunately, it is of Senator HOLLINGS to which Senator duty during fiscal year 2002, in order to en- WARNER and I had agreed, but there sure that the children of such families obtain typical for programs that provide needed child care and youth services. cross-service support to be inad- was a last minute objection, I believe, (b) APPROPRIATE PRIMARY OBJECTIVE.—The equately funded by their parent service on the Republican side. We will try to assistance authorized by this section should organization. This year’s President’s do the best we can on that in the morn- be directed primarily toward providing need- budget request did not seek any fund- ing. ed family support, including child care and ing for these programs, perhaps relying Mr. WARNER. Madam President, the youth services for children of such personnel on the Congress, once again, to provide chairman is correct. We believed we who are deployed, assigned, or ordered to ac- the emergency funds needed to keep had it worked out, and at the last tive duty in connection with operations of minute there was an objection on this the Armed Forces under the national emer- them operating. gency. Thus we find ourselves again this side. f SEC. 682. FAMILY EDUCATION AND SUPPORT year, seeking the funding needed for SERVICES. these two programs in order for them MORNING BUSINESS During fiscal year 2002, the Secretary of to continue to provide vital test sup- Defense is authorized to provide family edu- port activities for all of the military Mr. LEVIN. Madam President, I ask cation and support services to families of services. The amendment, which Sen- unanimous consent that there be a pe- members of the Armed Services to the same ator DOMENICI and I offer, will provide riod for morning business, with Sen- extent that these services were provided dur- the minimum necessary funding to en- ators permitted to speak for up to 5 ing the Persian Gulf war. able Big Crow and DSE to operate dur- minutes each. The PRESIDING OFFICER. Without AMENDMENT NO. 1820 ing fiscal year 2002. There are other test support pro- objection, it is so ordered. (Purpose: To authorize the Secretary of The PRESIDING OFFICER. The Sen- grams in the DoD that suffer the same Transportation, in consultation with the ator from North Carolina. circumstance as the two for which I am Secretary of Defense, to waive, or limit the Mr. HELMS. Madam President, I ask application of, vehicle weight limits appli- seeking funding. They refer to them in unanimous consent that it be in order cable to a route on the Interstate System the Pentagon as ‘‘the orphans.’’ The for me to deliver my remarks from my in the State of Maine during a period of na- Defense Science Board, DSB, recently tional emergency) seat. completed a review of operational test- The PRESIDING OFFICER. Without On page 363, after line 25, add the fol- ing and evaluation in the Department lowing: objection, it is so ordered. of Defense and published a report con- f SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS taining a number of significant rec- DURING PERIODS OF NATIONAL EMERGENCY. ommendations about how to improve CAREER-ENDING HONORS FOR Section 127 of title 23, United States Code, that process to make it more effective GENERAL HENRY H. SHELTON is amended by adding at the end the fol- and efficient. The DSB recommended Mr. HELMS. Madam President, this lowing: that DoD seek ways to encourage and morning marked an unmistakably glo- ‘‘(h) WAIVER FOR A ROUTE IN STATE OF implement joint service testing. rious conclusion to the remarkable MAINE DURING PERIODS OF NATIONAL EMER- Among their recommendations, the GENCY.— military career of one of North Caro- DSB endorsed budget oversight respon- ‘‘(1) IN GENERAL.—Notwithstanding any lina’s most famous citizens, GEN other provision of this section, the Sec- sibility for orphan programs such as Henry H. Shelton. retary, in consultation with the Secretary of Big Crow and DSE to the Director, It occurred at Fort Myer, VA, with Defense, may waive or limit the application Operational Test and Evaluation in the scores of America’s best-known lead- of any vehicle weight limit established under Office of the Secretary of Defense. Ac- ers—both military and civilian, on this section with respect to the portion of tual test and evaluation activities hand for the spectacular event. Interstate Route 95 in the State of Maine be- would remain the province of the mili- All branches of the armed services tween Augusta and Bangor for the purpose of tary services. participated. The Secretary of Defense, making bulk shipments of jet fuel to the Air This year’s Defense authorization bill National Guard Base at Bangor Inter- for example, Don Rumsfeld, was there, national Airport during a period of national reported out by the Armed Services as was Secretary of State Colin Powell. emergency in order to respond to the effects Committee contains a provision re- The marching bands didn’t miss a cue of the national emergency. questing the Secretary of Defense to or a note. It was splendid, every ‘‘(2) APPLICABILITY.—Emergency limits es- review the DSB report and to submit minute of it, in every detail. tablished under paragraph (1) shall preempt recommendations regarding its imple- General Shelton’s farewell remarks any inconsistent State vehicle weight lim- mentation with the budget request sub- were a modest review of the many its.’’. mission for fiscal year 2003. I am hope- things he had seen and things he had AMENDMENT NO. 1809 ful that the Secretary will endorse the done in many places around the world. Mr. BINGAMAN. Madam President, I DSB findings so that the Department His wife Carolyn’s eyes brimmed with am introducing this amendment with will finally exercise appropriate over- tears a few times, a measurement of Senator DOMENICI to S. 1438, the fiscal sight and support for cross-service test her pride in, and her love for, her re- year 2002 National Defense Authoriza- activities. In the meantime, the markable husband. tion Act, to provide funds badly needed amendment I am introducing is nec- All in all, it served to make those of for two vital test support activities in essary to keep those essential test ac- us present a bit prouder of our country the Department of Defense, DoD. The tivities underway. I urge my colleagues as we surveyed the troops from all of Big Crow program provides DoD with to support its adoption. the services and heard the bands strike highly sophisticated airborne elec- The PRESIDING OFFICER. The up. tronic warfare capabilities that enable question is on agreeing to amendments I believe Senators will enjoy review- us to test our newest weapon systems Nos. 1809 through 1820, en bloc. ing the address by GEN Henry H. and technologies in a realistic battle The amendments (Nos. 1809 through Shelton on this, the morning of his re- environment in which electronic war- 1820) were agreed to. tirement from the U.S. Army—and es- fare is likely to be used. The system Mr. LEVIN. I move to reconsider the pecially, as General Shelton turned can also be used operationally if a re- vote. over the chairmanship of the Joint quirement suddenly occurs. The De- Mr. WARNER. I move to lay that mo- Chiefs of Staff to his friend, GEN Dick fense Systems Evaluation, DSE, pro- tion on the table. Myers.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.000 S01OC1 18156 CONGRESSIONAL RECORD—SENATE October 1, 2001 Therefore, I ask unanimous consent the way through 27 moves, raising three won- ute to your efforts that our Armed Forces that General Shelton’s farewell address derful sons, Jon, Jeff, and Mark, and through are well trained, fully armed, and ready to be printed in full in the RECORD. countless separations in times of war and fight and win. You’re an awesome team. I thank the Chair. peace. While I’m grateful to God for many I also need to recognize our superb There being no objection, the mate- things in my life, none compares with the warfighting CINCs. Our country has been love and pride that I feel with Carolyn by my blessed the past four years with a select rial was ordered to be printed in the side. Thank you for joining me on every step group of incredibly talented professionals RECORD, as follows: of this journey. Carolyn. And, as I reflect charged with leading our warfighting com- REMARKS BY GENERAL HENRY H. SHELTON, these past four years as Chairman, I fully re- mands. And leading is precisely what they USA, ARMED FORCES FULL HONOR TRIBUTE, alize that Carolyn and I need to express our have done. I want to thank each of you for SUMMERALL FIELD, FORT MYER, MONDAY, 1 thanks to many of you in the audience your continued service to country and for OCTOBER 2001 today. your devotion to the men and women who Secretary Powell, Secretary and Mrs. I first need to thank the two Commanders- defend our way of life. Rumsfeld, Secretary Principi, Director and in-Chief for whom I’ve had the honor and And a big thanks to our Command Ser- good friend George Tennant of CIA, members privilege of serving. President Bush and geant Majors and Senior Enlisted Advisors of the diplomatic corps, distinguished mem- President Clinton. I thank President Clinton here today, and the magnificent NCO Corps bers of Congress to include the delegation for giving me the opportunity of a lifetime you represent, the factor that truly is our from my home state of North Carolina Sen- only four short years ago to serve as this Na- greatest strength as an Armed Force and al- ator Jesse Helms, Senator John Edwards, tion’s 14th Chairman of the Joint Chiefs. ways the reason behind our success. And, fi- and Congressman Bob Etheridge, Deputy This assignment has indeed been the high- nally, thanks to our great soldiers, sailors, Secretary Wolfowitz, Service Secretaries, light of my career, for the greatest honor airmen, marines, and coastguardsmen—al- Fellow Chiefs of Defense, Members of the that any military leader could ever have is ways at the point of the spear, flying their Joint Chiefs of Staff past and present to in- to represent America’s soldiers, sailors, air- aircraft, sailing their ships, and patrolling clude my predecessor and old mentor Gen- men, marines, and quite often our coast- their sectors far from home. They have never eral David Jones, Commanders-in Chief of guardsmen back here in Washington. And for let our Nation down and they never will. our Combatant Commands, fellow flag and that I’ll always be grateful. I also need They stand ready for the challenges ahead! general officers, distinguished guests, family thank our current Commander-in-Chief, With my time on active duty fast drawing and friends, and especially, the men and President Bush, for the complete trust and to a close, Carolyn and I will soon finish women of our Armed Forces, represented confidence he has shown in me these past packing our bags for one last government here today by the magnificent soldiers, sail- nine months. Our nation is truly blessed to move. Already packed away is a lifetime of ors, airmen, marines, and coast guardsmen, have President Bush’s strong leadership, in- memories. I’ll remember: Thousands of faces, standing proud and tall in the ranks before tegrity, and gritty resolve during this dif- both in peace and war, comrades who fell be- us. ficult time. side me giving the ultimate sacrifice and Thanks to all of you for being a part of this I also need to thank the two great Secre- their families whose lives were changed for- ceremony during this very busy and trying taries for whom I have worked during this ever, the welcome tug of nylon straps as a time and for honoring Carolyn and me with tour of duty, Secretary Rumsfeld and Sec- parachute snaps open, the pride of grasping a your presence. Thank you Secretary Rums- retary Cohen. And both, like me, married guidon or unit colors on a parade ground and feld for those kind words. Carolyn and I above their ‘‘raising’’ with Janet Cohen and the thrill of seeing our red, white, and blue deeply appreciate your comments and the Joyce Rumsfeld. I thank Secretary Cohen, flag unfurl in the morning breeze, the famil- awards. There are so many here today that for the chance he gave me to serve our Na- iar feel of a uniform carefully laid out each I’d like to thank personally, and many who tion in this capacity, and to Secretary night for 38 years, the call to vigilance as the traveled great distances to get here like Ms. Rumsfeld for the opportunity to continue to last haunting note of taps rings out in the Connie Stevens from LA and Johnny serve and for your trust and confidence. night or is played in tribute to a fallen com- Counterfit and wife from Nashville, Ten- What I found fascinating about these two rade, the extraordinary privilege of leading nessee, and CSM Felix Acosta, a great sol- gentlemen is not what makes them different, troops, and finally, my days spent with all of dier from Bristol, Tennessee, old friends but rather what makes them so similar, you during these past four years. from Atlanta, Tampa, and Fayettesville, First, they are true patriots who deeply love For those of you here in uniform, for the North Carolina, the center of the universe, their country and all that it stands for. And past 38 years, I’ve served with you and many and finally friends from NC State University. second, they both share many of the same thousands of your predecessors, in the cen- Ladies and gentlemen, this ceremony attributes; strength of character; vision; de- tral highlands of Vietnam, in the sands of marks the end of an extraordinary journey: termination;and an unyielding desire to Saudi Arabia, Kuwait and Iraq, hitting the 38 years as a soldier in the service of our build and maintain the finest Armed Forces beach at Port-au-Prince, and scores of major country. Now 38 years may seem like an aw- in the world. Thanks to both of you for your exercises preparing for war. I have no doubt fully long time, and it is, but as I near the trust and confidence, your personal sac- that you will stand proud, tall, and vigilant finish line, it feels like I’ve been driving a rifices to serve our Nation, and for your will- against those who seek to destroy the endur- powerful Corvette at high speed with time ingness to stand up for the right thing for ing freedom we enjoy as Americans. and distance flying by. I can vividly recall our men and women in uniform. Our Nation Mr. Secretary, in my heart, I know that the year 1963, when Carolyn and I made the has been, and will continue to be, blessed by our Nation and our Armed Forces are in good drive from Speed, North Carolina to Fort your service. hands and I wish you and the President all Benning, Georgia, in the days following my I also need to recognize the extraordinary the best as you set a new course for our commissioning as a Second Lieutenant from loyalty and support of my two Vice Chair- country in the difficult and uncertain NC State University. Like all young men, I men, General Joe Ralston and Chairman months ahead. In many ways, I’m reminded had many dreams and grand thoughts, and Dick Myers. I’m proud of all that we’ve ac- of the time in the late 1930s when the winds also some trepidation about the future. complished. Joe and Dick, your wise counsel of war began to envelop Europe. Winston Someone asked me the other day if during and unfailing support made the difference, Churchill observed at the time, ‘‘Civilization those early days if I ever imagined being time and gain, as we confronted a host of dif- will not last, freedom will not survive, peace here today. My response was I was too busy ficult challenges and I thank you. I will al- will not be kept unless a very large majority doing my duty as a 2nd Lieutenant and ways be indebted to you both. And Dick, I of mankind unite together to defend them.’’ wasn’t even thinking beyond 1st Lieutenant. couldn’t be more pleased that the President Ladies and gentlemen, recently, evil and If I had imagined it, it probably would have picked you as my successor. You’re a superb barbaric attacks have been made against the scared me to death. But, what a truly incred- warrior, a visionary leader, a true profes- United States and the citizens of the world. ible journey this has been for a farm boy sional and a great friend. And I know that Our President responded with a similar call from North Carolina. America is truly a our men and women in uniform are in good to all nations to join together in a combined great land of opportunity. hands with you at the helm. campaign against international terrorism. But I didn’t make the trip alone. So today I would also like to give a heartfelt thanks And in President Bush’s recent speech to the it’s important and necessary that I recognize to each of the Service Chiefs here today, for joint session of Congress, he ordered those of and thank those who made that journey pos- your outstanding support, advice, candor, us in uniform to ‘‘be ready.’’ Mr. Secretary, sible. First, my parents, my mother Patsy is and friendship, Ric, Vern, Jim Jones, John, on this day as I leave office, I’m proud to re- here today, who shaped my character and in- and Jim Loy. You, and the great group of port to you that America’s military is ready! stilled the values, which have served me Service Chiefs you succeeded have redefined Farewell my friends, my colleagues, and well, throughout the trip. My brothers, what selfless service, character, and team- farewell to you, our Nation’s splendid Armed David and Ben, and sister, Sarah, whose sup- work really means. I have watched with ad- Forces. Carolyn and I shall miss you all. As port was always felt. And my wonderful wife, miration your effective stewardship of your President Bush said recently, ‘‘In all that Carolyn, who has been with me every step of respective Services, and, it’s largely a trib- lies before us, May God grant us wisdom and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18157 may he watch over the United States of Mr. EDWARDS. Madam President, I U.S.–GERMANY RELATIONS America.’’ Thank you and may God Bless. rise today to pay tribute to a great Mr. LUGAR. Madam President, I rise Mr. WARNER. Madam President, I North Carolinian, General Hugh today to share a wonderful story illus- commend my distinguished colleague Shelton. trating the outpouring of support from North Carolina. I, too, want to as- Since 1997, General Shelton has which the United States has received sociate myself with his remarks on the served our nation well as the 14th from friends and allies around the distinguished career of General chairman of the Joint Chiefs of Staff. world in the days since the attacks on Shelton. In my 23 years in the Senate, But the men and women stationed in the World Trade Center and the Pen- I have worked with many chairmen and my State benefitted from his leader- tagon on September 11. I recently each has had his own strengths. The ship long before he was confirmed as joined Senate and House colleagues for strengths of this fine man were tow- Chairman. a luncheon sponsored by the Congres- ering. He had a sense of humility and sional Study Group on Germany. Early in his career, General Shelton composure that was always with him. I Former Congressman Larry La Rocca, commanded the 1st Brigade of the 82nd never thought that there was a time a Democrat from Idaho, hosted the Airborne Division at Fort Bragg, NC. when he overreached. He was always luncheon to provide Members of Con- In 1989, he began a two-year assign- calm, collected, and confident and ren- gress with an opportunity to meet the ment as Assistant Division Commander dered magnificent service to two Presi- new German Ambassador, Wolfgang for Operations of the 101st Airborne Di- dents, which is unique. Above all, I re- Ischinger. vision-Air Assault. That tour included member when the Senate Armed Serv- During Congressman La Rocca’s in- a seven-month deployment to Saudi ices Committee would have him come troduction, he read an e-mail a close Arabia for Operations Desert Shield before it, most often with the other friend of his received from his son serv- and Desert Storm. When he returned chiefs, and, frankly, in a respectful way ing in the U.S. Navy aboard the USS from the Gulf, he was promoted to to the Commander in Chief—at that Winston Churchill. The Congressman major general and returned home to as- time President Clinton—would prop- read the e-mail as a timely reminder of sume command of the 82nd Airborne erly say, I respect my Commander in the close relationship between the Division stationed at Fort Bragg. Chief but we do not have sufficient United States and Germany. I found funds in the budget for the defense of In 1997, the Senate confirmed his the story to be inspiring, and I wish to this Nation to meet our needs. Then he nomination to chairman, making him share it with my colleagues and the would very carefully lay out those re- the first Green Beret to command our American people. Mr. President, I ask unanimous con- quirements that he and his fellow military. The Senate reconfirmed him sent that a copy of this e-mail be in- chiefs sitting there before the com- in 1999. serted into the RECORD at this time. mittee—and indeed I think it was be- For 38 years, General Shelton has There being no objection, the mate- fore the Appropriations Committee— served his country honorably. He has rial was ordered to be printed in the the Presiding Officer who recalls the received the Legion of Merit, the RECORD, as follows: time that he appeared, and he laid Bronze Star Medal with V device as MESSAGE HOME FROM AN ENSIGN STATIONED down with clarity the needs of the men well as the Purple Heart. Among other ABOARD USS ‘‘WINSTON CHURCHILL’’ and women of the Armed Forces in our honors, he also earned the Master Par- DEAR DAD: Well, we are still out at sea, defense, even though those figures were achutist Badge, the Air Assault Badge, with little direction as to what our next pri- at variance with the budgetary submis- the Combat Infantryman Badge and ority is. The remainder of our port visits, sions by the President. the Military Freefall Badge. And in a which were to be centered around max lib- In the very simple, plain language ceremony today at the Pentagon, the erty and goodwill to the United Kingdom, that the foot soldier understands, that general will receive his fourth Defense have all but been canceled. We have spent man had guts. every day since the attacks going back and Distinguished Service Medal. forth within imaginary boxes drawn in the Mr. LEVIN. Will the Senator yield so He is a native of Tarborro and a grad- ocean, standing high-security watches, and I may add my compliments to the Sen- uate of North Carolina State Univer- trying to make the best of our time. It ator from North Carolina for his re- sity. He and his wife Carolyn have hasn’t been that much fun I must confess, marks? three sons. The Sheltons’ children have and to be even more honest, a lot of people are frustrated at the fact that they either Mr. WARNER. Yes. followed their father’s example of serv- Mr. LEVIN. I join with the Senator can’t be home, or we don’t have more direc- ice to the country—his son Jonathan is from North Carolina in paying tribute tion right now. We have seen the articles and a special agent for the U.S. Secret to Hugh Shelton. I have also had the the photographs, and they are sickening. Service and his son Jeffrey is a U.S. Being isolated as we are, I don’t think we ap- opportunity to work with him, and I Army Special Operations soldier. preciate the full scope of what is happening am a great admirer and fan of his. I back home, but we are definitely feeling the also must join my good friend from These are uncertain and difficult effects. Virginia in saying that his appear- times for our Nation. And, true to his About two hours ago the junior officers ances—and there were many before our dedication as a soldier in the U.S. were called to the bridge to conduct committee—would be the highlight of Army, General Shelton admitted to Shiphandling drills. We were about to do a being reluctant about retiring now. In man overboard when we got a call from the our committee’s activities. His brief- Lutjens (D185), a German warship that was ings were always to the point and de- fact, last week, the general said ‘‘I feel like the quarterback of a football team moored ahead of us on the pier in Plymouth, livered with extraordinary modesty for England. While in port, the Winston S somebody who had a right to really de- that went out on the field and he’s be- Churchill and the Lutjens got together for a liver them with claims of experience, hind by one touchdown but he knows sports day/cookout on our fantail, and we but he never used that. He just used his team’s going to come through and made some pretty good friends. common sense, calm, and wisdom. His win. But you’re in the first quarter and Now at sea they called over on bridge-to- all of a sudden the coach sends a player bridge, requesting to pass us close up on our authority came from inside, not kind port side, to say goodbye. We prepared to of an outward claim to boast. out to tell you your eligibility just ex- pired.’’ render them honors on the bridgewing, and He was an extraordinary human the Captain told the crew to come topside to being, and I just want to thank the But as General Shelton must surely wish them farewell. As they were making Senator from North Carolina for his re- know, his retirement does not end the their approach, our Conning Officer an- marks. I join with him. I always re- tremendous influence he has had on nounced through her binoculars that they member that air campaign in Kosovo, our military and the defense of this na- were flying an American flag. As they came tion. His work will live for years to even closer, we saw that it was flying at of which he really was a leader. I think half-mast. it was a magnificent success in good come. I am so grateful to call him my The bridgewing was crowded with people as measure because of that leadership. friend, and North Carolina is proud to the Boatswain’s Mate blew two whistles—At- Mr. HELMS. I thank the Senator. call him our son. tention to Port—the ship came up alongside

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18158 CONGRESSIONAL RECORD—SENATE October 1, 2001 and we saw that the entire crew of the Ger- and brought a powerful message to the tributed to an increase in several med- man ship were manning the rails, in their innocent victims and their desperate ical problems, such as diabetes, obe- dress blues. They made up a sign that was families: ‘‘You are not alone.’’ sity, and osteoporosis, among our chil- displayed on the side that read ‘‘We Stand dren. By You.’’ New Jersey firefighters, police, Needless to say there was not a dry eye on EMTs, technicians, nurses, doctors, Calvary Chapel Christian School can the bridge as they stayed alongside us for a construction workers and welders, now serve as a role model for other few minutes and we cut our salutes. It was worked tirelessly through day and schools in New Mexico and encourage probably the most powerful thing I have seen night. New Jersey residents came out them to emphasize the importance of in my entire life and more than a few of us in force to donate blood, supplies, and physical fitness to their students. I fought to retain our composure. It was a resources. The open doors of New Jer- congratulate Calvary Chapel Christian beautiful day outside today. School on this honor, and I hope that We are no longer at liberty to divulge over sey schools, places of worship, and homes welcomed the weary, the hun- other schools will follow their fine ex- unsecure e-mail our location, but we could ∑ not have asked for a finer day at sea. The gry, and the wounded. ample. German Navy did an incredible thing for this All of this was done in the spirit of f crew, and it has truly been the highest point kindness and generosity, of selflessness MESSAGE FROM THE HOUSE in the days since the attacks. It’s amazing to and bravery that makes our nation the ENROLLED BILL SIGNED think that only a half-century ago things strongest in the world. were quite different, and to see the unity Under the authority of the order of That spirit motivated the undaunted that is being demonstrated throughout Eu- the Senate of January 3, 2001, the Sec- rope and the world makes us all feel proud to and determined passengers of United retary of the Senate, on October 1, 2001, be out here doing our job. After the ship Flight 93, many of whom were New during the recess of the Senate, re- pulled away and we prepared to begin our Jerseyans, to take action against hi- ceived a message from the House of man overboard drills the Officer of the Deck jackers for the noblest cause, so others Representatives announcing that the turned to me and said ‘‘I’m staying Navy.’’ might live. I’ll write you when I know more about when Speaker has signed the following en- Now that same spirit carries through rolled bill: I’ll be home, but for now, this is probably the communities around New Jersey where best news that I could send you. Love you H.R. 2510. An act to extend the expiration guys. families and friends, neighbors and date of the Defense Production Act of 1950, strangers alike, gather to console one and for other purposes. f another in this time of grief and an- The enrolled bill was signed subse- LOCAL LAW ENFORCEMENT ACT guish. Let there be no doubt, we are all quently by the President pro tempore OF 2001 in this together. (Mr. BYRD). Mr. SMITH of Oregon. Madam Presi- To the men and women of New Jersey f dent, I rise today to speak about hate who have reached out to others in this crimes legislation I introduced with time of unspeakable devastation, may EXECUTIVE AND OTHER COMMUNICATIONS Senator KENNEDY in March of this the peace that you share be an example year. The Local Law Enforcement Act for all the world. Your heroic deeds The following communications were of 2001 would add new categories to will never be forgotten. laid before the Senate, together with current hate crimes legislation sending f accompanying papers, reports, and doc- uments, which were referred as indi- a signal that violence of any kind is ADDITIONAL STATEMENTS unacceptable in our society. cated: I would like to describe a terrible EC–4201. A communication from the Acting Administrator, Energy Information Adminis- crime that occurred January 7, 2001 in RECOGNITION OF THE CALVARY Ashburn, GA. Robert Martin, 32, was tration, Department of Energy, transmit- CHAPEL CHRISTIAN SCHOOL ting, pursuant to law, the Annual Energy Re- hospitalized in critical condition after ∑ view for 2000; to the Committee on Energy being found lying outside an abandoned Mr. DOMENICI. Mr. President, I rise today to recognize the achievements of and Natural Resources. school with head injuries from a blunt EC–4202. A communication from the Direc- object. In early April, Martin died as a the Calvary Chapel Christian School in tor of the Office of Regulations Management, result of the injuries. The Georgia Bu- Santa Fe, which today will be named a Veterans Benefits Administration, Depart- reau of Investigation is investigating State Champion by the President’s ment of Veterans Affairs, transmitting, pur- but has no suspects. Press reports indi- Council on Physical Fitness and suant to law, the report of a rule entitled Sports. The Calvary Chapel Christian ‘‘Veterans Benefits and Health Care Im- cate that Martin had been beaten and provement Act of 2000’’ received on Sep- harassed before because of his per- School was selected for this prestigious honor based on their students’ accom- tember 26, 2001; to the Committee on Vet- ceived homosexuality. erans’ Affairs. I believe that government’s first duty plishments in the President’s Chal- EC–4203. A communication from the Legis- is to defend its citizens, to defend them lenge Physical Activity and Fitness lative and Regulatory Activities Division, against the harms that come out of Awards Program. This program was Comptroller of the Currency, Administrator hate. The Local Law Enforcement En- originated by President Lyndon John- of National Banks, transmitting, pursuant to son in 1966 and is especially important law, the report of a rule entitled ‘‘Operating hancement Act of 2001 is now a symbol Subsidiaries of Federal Branches and Agen- that can become substance. I believe today given the increasing physical in- activity among American youth. cies’’ (12 CFR Parts 5 and 28) received on that by passing this legislation, we can September 26, 2001; to the Committee on change hearts and minds as well. Calvary Chapel Christian School had Banking, Housing, and Urban Affairs. a remarkable number of students that f EC–4204. A communication from the Na- earned high scores on the President’s tional President of the Womens Army Corps AN IMMEDIATE RESPONSE FROM Physical Fitness Challenge. These stu- Veterans Association, transmitting, pursu- NEW JERSEY dents demonstrated their abilities in ant to law, the annual audit for the period Mr. CORZINE. Madam President, it four different physical fitness tests beginning July 1, 2000 through June 30, 2001; to the Committee on the Judiciary. is with deep pride and a certain humil- that tested agility, flexibility, EC–4205. A communication from the Sec- ity that I rise today to pay tribute to strength, and endurance. This achieve- retary of Health and Human Services, trans- the women and men of New Jersey who ment is all the more prestigious given mitting, a draft of proposed legislation enti- in the midst of very personal loss and what the President’s Council on Phys- tled ‘‘Promoting Safe and Stable Families deep sadness, responded immediately ical Fitness and Sports labels an ‘‘epi- Amendments of 2001’’; to the Committee on demic of physical inactivity’’ among Finance. to the rescue and recovery efforts that EC–4206. A communication from the Acting followed the despicable attack on the American youth. More than one-third Director of the Office of Sustainable Fish- World Trade Center. of high school students do not partici- eries, National Marine Fisheries Service, De- In the face of risk and danger, coura- pate in vigorous physical activity on a partment of Commerce, transmitting, pursu- geous New Jerseyans stepped forward regular basis. This epidemic has con- ant to law, the report of a rule entitled

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18159 ‘‘Fisheries of the Exclusive Economic Zone S. 941. A bill to revise the boundaries of the United States Code, for any qualified mag- Off Alaska; Atka Mackerel in the Central Golden Gate National Recreation Area in the istrate judge; to the Committee on the Judi- Aleutian District of the Bering Sea and State of California, to extend the term of the ciary. Aleutian Islands’’ received on September 26, advisory commission for the recreation area, By Mr. SANTORUM (for himself, Mr. 2001; to the Committee on Commerce, and for other purposes. (Rept. No. 107–70). DURBIN, Mr. WARNER, Mr. SMITH of Science, and Transportation. By Mr. BINGAMAN, from the Committee New Hampshire, Mr. LEVIN, Mr. MIL- EC–4207. A communication from the Dep- on Energy and Natural Resources, without LER, Mr. LIEBERMAN, Mr. BREAUX, uty Secretary of Defense, transmitting, pur- amendment: and Mr. KENNEDY): suant to law, a report relative to the Pen- S. 1057. A bill to authorize the addition of S. 1478. A bill to amend the Animal Welfare tagon; to the Committee on Appropriations. lands to Pu’uhonua o Honaunau National Act to improve the treatment of certain ani- EC–4208. A communication from the Under Historical Park in the State of Hawaii, and mals, and for other purposes; to the Com- Secretary of Defense, Acquisition and Tech- for other purposes. (Rept. No. 107–71). mittee on Agriculture, Nutrition, and For- nology, transmitting, pursuant to law, the S. 1097. A bill to authorize the Secretary of estry. Annual Report on the Mentor-Protege Pro- the Interior to issue right-of-way permits for By Mr. BOND: gram dated May 2001; to the Committee on natural gas pipelines within the boundary of S. 1479. A bill to require procedures that Armed Services. the Great Smoky Mountains National Park. ensure the fair and equitable resolution of EC–4209. A communication from the Prin- (Rept. No. 107–72). labor integration issues in transactions for cipal Deputy General Counsel, Department By Mr. BINGAMAN, from the Committee the combination of air carriers, and for other of Defense, transmitting, a draft of proposed on Energy and Natural Resources, with an purposes; to the Committee on Health, Edu- legislation entitled ‘‘Additional Support for amendment in the nature of a substitute: cation, Labor, and Pensions. Counterterrorism Activities’’; to the Com- S. 1105. A bill to provide for the expeditious By Mr. BINGAMAN (by request): mittee on Armed Services. completion of the acquisition of State of Wy- S. 1480. A bill to amend the Reclamation EC–4210. A communication from the Prin- oming lands within the boundaries of Grand Recreation Management Act of 1992 in order cipal Deputy General Counsel, Department Teton National Park, and for other purposes. to provide for the security of dams, facili- of Defense, transmitting, a draft of proposed (Rept. No. 107–73). ties, and resources under the jurisdiction of By Mr. BINGAMAN, from the Committee legislation entitled ‘‘Contracts for Perform- the Bureau of Reclamation; to the Com- on Energy and Natural Resources, without ance of Firefighting and Security-Guard mittee on Energy and Natural Resources. amendment: Functions at Department of Defense Facili- H.R. 146. A bill to authorize the Secretary f ties’’; to the Committee on Armed Services. of the Interior to study the suitability and EC–4211. A communication from the Gen- feasibility of designating the Great Falls SUBMISSION OF CONCURRENT AND eral Counsel of the Department of Defense, Historic District in Paterson, New Jersey, as SENATE RESOLUTIONS transmitting, a draft of proposed legislation a unit of the National Park System, and for entitled ‘‘Secretary of Defense Authority to The following concurrent resolutions other purposes. (Rept. No. 107–74). and Senate resolutions were read, and Delegate’’; to the Committee on Armed Serv- H.R. 182. A bill to amend the Wild and Sce- ices. nic Rivers Act to designate a segment of the referred (or acted upon), as indicated: EC–4212. A communication from the Sec- Eight Mile River in the State of Connecticut By Mr. BIDEN (for himself, Mr. THUR- retary of Transportation, transmitting, pur- for study for potential addition to the Na- MOND, Mr. AKAKA, Mr. ALLEN, Mr. suant to law, the report of the Office of In- tional Wild and Scenic Rivers System, and BAYH, Mr. BINGAMAN, Mrs. BOXER, spector General for the period October 1, 2000 for other purposes. (Rept. No. 107–75). Mr. BREAUX, Mr. BROWNBACK, Mr. through March 31, 2001; to the Committee on H.R. 1000. A bill to adjust the boundary of BYRD, Mr. CAMPBELL, Ms. CANTWELL, Governmental Affairs. the William Howard Taft National Historic Mrs. CARNAHAN, Mr. CARPER, Mr. EC–4213. A communication from the Gen- Site in the State of Ohio, to authorize an ex- CLELAND, Mrs. CLINTON, Mr. COCHRAN, eral Counsel of the Department of Defense, change of land in connection with the his- Mr. CONRAD, Mr. DEWINE, Mr. DODD, transmitting, a draft of proposed legislation toric site, and for other purposes. (Rept. No. Mr. DOMENICI, Mr. DORGAN, Mr. DUR- relating to customs fees, the Federal Claims 107–76). BIN, Mr. EDWARDS, Mrs. FEINSTEIN, Collection Act, and auditing payments for H.R. 1668. To authorize the Adams Memo- Mr. FITZGERALD, Mr. FRIST, Mr. customs services; to the Committee on Gov- rial Foundation to establish a commemora- GRAHAM, Mr. GRAMM, Mr. GRASSLEY, ernmental Affairs. tive work on Federal land in the District of Mr. HAGEL, Mr. HATCH, Mr. HELMS, EC–4214. A communication from the Gen- Columbia and its environs to honor former Mr. HOLLINGS, Mr. HUTCHINSON, Mrs. eral Counsel of the Department of Defense, President John Adams and his legacy. (Rept. HUTCHISON, Mr. INHOFE, Mr. JEF- transmitting, a draft of proposed legislation No. 107–77). FORDS, Mr. JOHNSON, Mr. KENNEDY, relative to the provision of support for weap- By Mr. LEAHY, from the Committee on Mr. KERRY, Ms. LANDRIEU, Mr. ons inspections and monitoring in Iraq and the Judiciary: LEAHY, Mr. LEVIN, Mr. LIEBERMAN, the transfer of certain naval vessels; to the Report to accompany S. 703, a bill to ex- Mrs. LINCOLN, Mr. LUGAR, Ms. MIKUL- Committee on Foreign Relations. tend the effective period of the consent of SKI, Mr. MILLER, Mr. MURKOWSKI, EC–4215. A communication from the Execu- Congress to the interstate compact relating Mrs. MURRAY, Mr. NELSON of Ne- tive Secretary and Chief of Staff, Agency for to the restoration of Atlantic salmon to the braska, Mr. REID, Mr. SARBANES, Mr. International Development, transmitting, Connecticut River Basin and creating the SCHUMER, Mr. SMITH of Oregon, Ms. pursuant to law, the report of a nomination Connecticut River Atlantic Salmon Commis- SNOWE, Mr. SPECTER, Ms. STABENOW, for the position of Assistant Administrator, sion, and for other purposes. (Rept. No. 107– Mr. TORRICELLI, Mr. VOINOVICH, Mr. Bureau for Global Health; to the Committee 78). WARNER, and Mr. WELLSTONE): on Foreign Relations. f S. Res. 164. A resolution designating Octo- EC–4216. A communication from the Execu- ber 19, 2001, as ‘‘National Mammography tive Secretary and Chief of Staff, Agency for INTRODUCTION OF BILLS AND Day’’; to the Committee on the Judiciary. International Development, transmitting, JOINT RESOLUTIONS f pursuant to law, the report of a nomination The following bills and joint resolu- for the position of Assistant Administrator, ADDITIONAL COSPONSORS Bureau for Legislative and Public Affairs, re- tions were introduced, read the first ceived on September 26, 2001; to the Com- and second times by unanimous con- S. 249 mittee on Foreign Relations. sent, and referred as indicated: At the request of Mr. REID, the name f By Mr. CLELAND (for himself and Mr. of the Senator from Oregon (Mr. SMITH MILLER): of Oregon) was added as a cosponsor of REPORTS OF COMMITTEES S. 1476. A bill to authorize the President to award a gold medal on behalf of the Congress S. 249, a bill to amend the Internal The following reports of committees to Reverend Doctor Martin Luther King, Jr. Revenue Code of 1986 to expand the were submitted: (posthumously) and his widow Coretta Scott credit for electricity produced from By Mr. BINGAMAN, from the Committee King in recognition of their contributions to certain renewable resources. on Energy and Natural Resources, with the Nation on behalf of the civil rights move- S. 543 amendments: ment; to the Committee on Banking, Hous- At the request of Mr. WELLSTONE, the S. 423. A bill to amend the Act entitled ing, and Urban Affairs. ‘‘An Act to provide for the establishment of By Mr. BINGAMAN (for himself and names of the Senator from Louisiana Fort Clatsop National Memorial in the State Mr. DOMENICI): (Ms. LANDRIEU) and the Senator from of Oregon, and for other purposes’’. (Rept. S. 1477. A bill to provide for an election of Oregon (Mr. WYDEN) were added as co- No. 107–69). an annuity under section 377 of title 28, sponsors of S. 543, a bill to provide for

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equal coverage of mental health bene- (Mr. LEVIN) was added as a cosponsor of forts relating to the September 11, 2001 fits with respect to health insurance S. 1075, a bill to extend and modify the hijackings and attacks on the Pen- coverage unless comparable limita- Drug-Free Communities Support Pro- tagon and the World Trade Center, and tions are imposed on medical and sur- gram, to authorize a National Commu- for other purposes. gical benefits. nity Antidrug Coalition Institute, and S. 1434 S. 677 for other purposes. At the request of Mr. SPECTER, the At the request of Mr. HATCH, the S. 1165 name of the Senator from Virginia (Mr. name of the Senator from Oregon (Mr. At the request of Mr. BIDEN, the ALLEN) was added as a cosponsor of S. WYDEN) was added as a cosponsor of S. name of the Senator from Louisiana 1434, a bill to authorize the President 677, a bill to amend the Internal Rev- (Ms. LANDRIEU) was added as a cospon- to award posthumously the Congres- enue Code of 1986 to repeal the required sor of S. 1165, a bill to prevent juvenile sional Gold Medal to the passengers use of certain principal repayments on crime, promote accountability by and and crew of United Airlines flight 93 in mortgage subsidy bond financing to re- rehabilitation of juvenile crime, punish the aftermath of the terrorist attack deem bonds, to modify the purchase and deter violent gang crime, and for on the United States on September 11, price limitation under mortgage sub- other purposes. 2001. sidy bond rules based on median family S. 1250 S. 1444 income, and for other purposes. At the request of Mrs. CARNAHAN, the At the request of Mr. MCCONNELL, S. 697 name of the Senator from Virginia (Mr. the names of the Senator from Kansas At the request of Mr. HATCH, the ALLEN) was added as a cosponsor of S. (Mr. BROWNBACK) and the Senator from name of the Senator from Vermont 1250, a bill to amend title 10, United South Carolina (Mr. THURMOND) were (Mr. JEFFORDS) was added as a cospon- States Code, to improve transitional added as cosponsors of S. 1444, a bill to sor of S. 697, a bill to modernize the fi- medical and dental care for members of establish a Federal air marshals pro- nancing of the railroad retirement sys- the Armed Forces released from active gram under the Attorney General. tem and to provide enhanced benefits duty to which called or ordered, or for S. 1447 to employees and beneficiaries. which retained, in support of a contin- At the request of Mr. HOLLINGS, the S. 808 gency operation. names of the Senator from Virginia S. 1275 At the request of Mr. BAUCUS, the (Mr. WARNER), the Senator from Min- name of the Senator from South Da- At the request of Mr. KENNEDY, the nesota (Mr. DAYTON), and the Senator kota (Mr. JOHNSON) was added as a co- name of the Senator from California from Kansas (Mr. BROWNBACK) were sponsor of S. 808, a bill to amend the (Mrs. FEINSTEIN) was added as a co- added as cosponsors of S. 1447, a bill to Internal Revenue Code of 1986 to repeal sponsor of S. 1275, a bill to amend the improve aviation security, and for the occupational taxes relating to dis- Public Health Service Act to provide other purposes. tilled spirits, wine, and beer. grants for public access defibrillation S. 1454 programs and public access ARNAHAN S. 826 At the request of Mrs. C , the defibrillation demonstration projects, names of the Senator from Michigan At the request of Mrs. LINCOLN, the and for other purposes. name of the Senator from New Mexico (Mr. LEVIN), the Senator from Cali- S. 1317 fornia (Mrs. BOXER), the Senator from (Mr. BINGAMAN) was added as a cospon- sor of S. 826, a bill to amend title XVIII At the request of Mr. SCHUMER, the Illinois (Mr. FITZGERALD), the Senator of the Social Security Act to eliminate name of the Senator from New Jersey from New Jersey (Mr. TORRICELLI), the cost-sharing under the medicare pro- (Mr. TORRICELLI) was added as a co- Senator from Hawaii (Mr. INOUYE), the gram for bone mass measurements. sponsor of S. 1317, a bill to amend title Senator from Vermont (Mr. LEAHY), XVIII of the Social Security Act to the Senator from Arkansas (Mrs. LIN- S. 836 provide for equitable reimbursement COLN), the Senator from Georgia (Mr. At the request of Mr. CRAIG, the rates under the medicare program to MILLER), and the Senator from South name of the Senator from Nevada (Mr. Medicare+Choice organizations. Carolina (Mr. HOLLINGS) were added as ENSIGN) was added as a cosponsor of S. S. 1357 cosponsors of S. 1454, a bill to provide 836, a bill to amend part C of title XI of At the request of Mr. WELLSTONE, the assistance for employees who are sepa- the Social Security Act to provide for name of the Senator from California rated from employment as a result of coordination of implementation of ad- (Mrs. BOXER) was added as a cosponsor reductions in service by air carriers, ministrative simplification standards of S. 1357, a bill to provide for an exam- and closures of airports, caused by ter- for health care information. ination of how schools are imple- rorist actions or security measures. S. 899 menting the policy guidance of the De- S. 1461 At the request of Mr. BIDEN, the partment of Education’s Office for At the request of Mr. DURBIN, the name of the Senator from Vermont Civil Rights relating to sexual harass- name of the Senator from Minnesota (Mr. LEAHY) was added as a cosponsor ment directed against gay, lesbian, bi- (Mr. DAYTON) was added as a cosponsor of S. 899, a bill to amend the Omnibus sexual, and transgender students. of S. 1461, a bill to amend title 49, Crime Control and Safe Streets Act of S. 1371 United States Code, to require that the 1968 to increase the amount paid to At the request of Mr. LEVIN, the screening of passengers and property families of public safety officers killed name of the Senator from Massachu- on flights in air transportation be car- in the line of duty. setts (Mr. KERRY) was added as a co- ried out by employees of the Federal S. 1066 sponsor of S. 1371, a bill to combat Aviation Administration, and to assist At the request of Mr. HATCH, the money laundering and protect the small- to medium-size airports with se- name of the Senator from Connecticut United States financial system by curity enhancements. (Mr. LIEBERMAN) was added as a co- strengthening safeguards in private S. 1463 sponsor of S. 1066, a bill to amend title banking and correspondent banking, At the request of Mr. SMITH of New XVIII of the Social Security Act to es- and for other purposes. Hampshire, the name of the Senator tablish procedures for determining pay- S. 1431 from Montana (Mr. BURNS) was added ment amounts for new clinical diag- At the request of Mr. MCCONNELL, as a cosponsor of S. 1463, a bill to pro- nostic laboratory tests for which pay- the name of the Senator from New vide for the safety of American avia- ment is made under the medicare pro- Hampshire (Mr. SMITH of New Hamp- tion and the suppression of terrorism. gram. shire) was added as a cosponsor of S. S. 1467 S. 1075 1431, a bill to authorize the Secretary At the request of Mr. WELLSTONE, the At the request of Mr. GRASSLEY, the of the Treasury to issue War Bonds in name of the Senator from Nebraska name of the Senator from Michigan support of recovery and response ef- (Mr. HAGEL) was added as a cosponsor

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18161 of S. 1467, a bill to amend the Hmong will award a gold medal on behalf of have distinguished records of public service Veterans’ Naturalization Act of 2000 to the Congress to Reverend Doctor Mar- to the American people and the inter- extend the deadlines for application tin Luther King, Jr., posthumously, national community; and payment of fees. (2) Dr. King preached a doctrine of non- and his widow Coretta Scott King in violent civil disobedience to combat segrega- S.J. RES. 12 recognition of their contributions to tion, discrimination, and racial injustice; At the request of Mr. SMITH of New the Nation on behalf of the civil rights (3) Dr. King led the Montgomery bus boy- Hampshire, the name of the Senator movement. It is time to honor Dr. Mar- cott for 381 days to protest the arrest of Mrs. from New Hampshire (Mr. GREGG) was tin Luther King, Jr. and his widow Rosa Parks and the segregation of the bus added as a cosponsor of S.J. Res. 12, a Coretta Scott King, the first family of system of Montgomery, Alabama; joint resolution granting the consent the civil rights movement, for their (4) in 1963, Dr. King led the march on Wash- of Congress to the International Emer- distinguished records of public service ington, D.C., that was followed by his famous address, the ‘‘I Have a Dream’’ speech; gency Management Assistance Memo- to the American people and the inter- (5) through his work and reliance on non- randum of Understanding. national community. violent protest, Dr. King was instrumental S. RES. 109 As one of the premier champions of in the passage of the Civil Rights Act of 1964, At the request of Mr. REID, the name basic human rights, Dr. King worked and the Voting Rights Act of 1965; of the Senator from Washington (Ms. unselfishly to combat segregation, dis- (6) despite efforts to derail his mission, Dr. CANTWELL) was added as a cosponsor of crimination, and racial injustice. In King acted on his dream of America and suc- S. Res. 109, a resolution designating 1963, Dr. King led the March on Wash- ceeded in making the United States a better place; the second Sunday in the month of De- ington, D.C., that was followed by his (7) Dr. King was assassinated for his beliefs cember as ‘‘National Children’s Memo- famous address, the ‘‘I Have a Dream’’ on April 4, 1968, in Memphis, Tennessee; rial Day’’ and the last Friday in the speech. Through his work and reliance (8) Mrs. King stepped into the civil rights month of April as ‘‘Children’s Memo- on nonviolent protest, Dr. King was in- movement in 1955 during the Montgomery rial Flag Day.’’ strumental in the passage of the Civil bus boycott, and played an important role as S. CON. RES. 69 Rights Act of 1964 and the Voting a leading participant in the American civil At the request of Mr. WARNER, the Rights Act of 1965. Despite efforts to rights movement; name of the Senator from Connecticut (9) while raising 4 children, Mrs. King de- derail his mission, Dr. King acted on voted herself to working alongside her hus- (Mr. LIEBERMAN) was added as a co- his dream of America and succeeded in band for nonviolent social change and full sponsor of S. Con. Res. 69, a concurrent making the United States a better civil rights for African Americans; resolution expressing support for tu- place. (10) with a strong educational background berous sclerosis awareness. Mrs. Coretta Scott King, working in music, Mrs. King established and per- AMENDMENT NO. 1583 alongside her husband, played an im- formed several Freedom Concerts, which At the request of Mrs. CLINTON, the portant role as a leading participant in were well received, and which combined name of the Senator from Oklahoma prose and poetry narration with musical se- the American civil rights movement. lections to increase awareness and under- (Mr. NICKLES) was added as a cosponsor Dr. and Mrs. King worked together to standing of the Southern Christian Leader- of amendment No. 1583 proposed to achieve nonviolent social change and ship Conference (of which Dr. King served as H.R. 2590, a bill making appropriations full civil rights for African Americans. the first president); for the Treasury Department, the After the assassination of her husband, (11) Mrs. King demonstrated composure in United States Postal Service, the Exec- Mrs. King devoted her time and energy deep sorrow, as she led the Nation in mourn- utive Office of the President, and cer- to developing and building the Atlanta- ing her husband after his brutal assassina- tain Independent Agencies, for the fis- tion; based Martin Luther King, Jr. Center (12) after the assassination, Mrs. King de- cal year ending September 30, 2002, and for Nonviolent Social Change as an en- voted all of her time and energy to devel- for other purposes. during memorial to her husband’s life oping and building the Atlanta-based Martin AMENDMENT NO. 1599 and his dream of full civil rights for all Luther King Jr. Center for Nonviolent Social At the request of Mr. LOTT, the Americans. Mrs. King also led the mas- Change (hereafter referred to as the ‘‘Cen- names of the Senator from Virginia sive campaign to establish Dr. King’s ter’’) as an enduring memorial to her hus- (Mr. WARNER), the Senator from Vir- birthday as a national holiday which is band’s life and his dream of nonviolent social change and full civil rights for all Ameri- ginia (Mr. ALLEN), and the Senator now celebrated in more than 100 coun- cans; from Mississippi (Mr. COCHRAN) were tries around the world. (13) under Mrs. King’s guidance and direc- added as cosponsors of amendment No. In recognition of the contributions tion, the Center has flourished; 1599 intended to be proposed to S. 1438, made by Dr. and Mrs. King to the civil (14) the Center was the first institution a bill to authorize appropriations for rights movement and this Nation, Con- built in honor of an African American leader; fiscal year 2002 for military activities gress should honor these two out- (15) the Center provides local, national, of the Department of Defense, for mili- standing individuals by enacting legis- and international programs that have tary constructions, and for defense ac- lation that would authorize the Presi- trained tens of thousands of people in Dr. King’s philosophy and methods, and boasts tivities of the Department of Energy, dent to award a gold medal on their be- the largest archive of the civil rights move- to prescribe personnel strengths for half. Now is the time to honor two of ment; and such fiscal year for the Armed Forces, this Nation’s greatest public figures, (16) Mrs. King led the massive campaign to and for other purposes. the late Reverend Doctor Martin Lu- establish Dr. King’s birthday as a national f ther King, Jr. and his widow, Coretta holiday, and the holiday is now celebrated in Scott King. more than 100 countries. STATEMENTS ON INTRODUCED I ask unanimous consent that the SEC. 2. CONGRESSIONAL GOLD MEDAL. BILLS AND JOINT RESOLUTIONS text of the bill be printed in the (a) PRESENTATION AUTHORIZED.—The Presi- By Mr. CLELAND (for himself dent is authorized to present, on behalf of RECORD. the Congress, a gold medal of appropriate de- and Mr. MILLER): There being no objection the bill was sign to Reverend Doctor Martin Luther S. 1476. A bill to authorize the Presi- ordered to be printed in the RECORD, as King, Jr. (posthumously) and his widow dent to award a gold medal on behalf of follows: Coretta Scott King, in recognition of their the Congress to Reverend Doctor Mar- S. 1476 service to the Nation. tin Luther King, Jr. (posthumously) (b) DESIGN AND STRIKING.—For the purpose Be it enacted by the Senate and House of Rep- of the presentations referred to in subsection and his widow Coretta Scott King in resentatives of the United States of America in recognition of their contributions to (a), the Secretary of the Treasury shall Congress assembled, strike a gold medal with suitable emblems, the Nation on behalf of the civil rights SECTION 1. FINDINGS. devices, and inscriptions, to be determined movement; to the Committee on Bank- Congress finds that— by the Secretary. ing, Housing, and Urban Affairs. (1) Reverend Doctor Martin Luther King, SEC. 3. DUPLICATE MEDALS. Mr. CLELAND. Madam President, I Jr. and his widow Coretta Scott King, as the The Secretary of the Treasury shall strike rise today to introduce legislation that first family of the civil rights movement, and sell duplicates in bronze of the gold

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18162 CONGRESSIONAL RECORD—SENATE October 1, 2001 medal struck pursuant to section 2, under treatment of animals in commercial tionwide who support this bill printed such regulations as the Secretary may pre- breeding facilities. Let me be clear, in the RECORD. scribe, at a price sufficient to cover the costs there are many responsible breeders There being no objection, the mate- of the duplicate medals and the gold medal throughout the United States who ex- rial was ordered to be printed in the (including labor, materials, dies, use of ma- RECORD, as follows: chinery, and overhead expenses). ercise appropriate care and judgment ENDORSEMENT LIST FOR PUPPY PROTECTION SEC. 4. NATIONAL MEDALS. in their breeding practices. This bill is ACT The medals struck under this Act are na- not intended to be punitive to those (827 Endorsements—Updated 10/01/01) tional medals for purposes of chapter 51 of breeders. This bill will, however, crack title 31, United States Code. down on facilities where even the most ALASKA SEC. 5. FUNDING AND PROCEEDS OF SALE. basic of needs required by law are not Anchorage Animal Control (AK) (a) AUTHORIZATION.—There is authorized to being met. Gastineau Humane Society (Juneau, AK) be charged against the United States Mint The term ‘‘puppy mill’’ is not new to Sitka Animal Shelter (Sitka, AK) Public Enterprise Fund an amount not to ex- many people, be it pet owners; con- ALABAMA ceed $30,000 to pay for the cost of the medals sumers; animal welfare advocates; in- The Animal Shelter (Anniston, AL) authorized by this Act. spectors; or just a casual observer. Barbour County Humane Society Inc. (b) PROCEEDS OF SALE.—Amounts received Puppy mills are considered to be large (Eufaula, AL) from the sale of duplicate bronze medals BJC Animal Control Services, Inc. (Bir- under section 3 shall be deposited in the breeding operations that mass produce mingham, AL) United States Mint Public Enterprise Fund. puppies for commercial sale with little Central Alabama Animal Shelter (Selma, regard for the humane handling and AL) By Mr. SANTORUM (for himself, treatment of the dogs. Breeding and Circle of Friends (Montrose, AL) Mr. DURBIN, Mr. WARNER, Mr. raising dogs without respect to the ani- City of Irondale Animal Control (Irondale, SMITH of New Hampshire, Mr. mal’s welfare guarantees bad results AL) LEVIN, Mr. MILLER, Mr. for the unwitting owner, and for the Dekalb County SPCA (Fort Payne, AL) Greater Birmingham Humane Society (AL) LIEBERMAN, Mr. BREAUX, and health of the dog and her puppies. Humane Society of Elmore County Mr. KENNEDY): For dogs, puppy mill conditions can (Wetumpka, AL) S. 1478. A bill to amend the Animal mean overcrowded cages; lack of pro- Humane Society of Etowah County (Gads- Welfare Act to improve the treatment tection from weather conditions; over- den, AL) of certain animals, and for other pur- breeding; lack of veterinary care; and Humane Society of Chilton County (Clanton, poses; to the Committee on Agri- lack of interaction with humans at AL) culture, Nutrition, and Forestry. early stages. What this could mean for Mobile SPCA (Mobile, AL) Mr. SANTORUM. Madam President, I the consumer is caring for a pet with Monroe County Humane Society (Monroe- rise today to introduce the Puppy Pro- ville, AL) developmental problems, such as ag- Montgomery Humane Society (Montgomery, tection Act of 2001. Introduction of this gressive behavior or anxiety, and var- AL) legislation comes as a continuation of ious physical difficulties that require St. Clair Animal Shelter (Pell City, AL) my interest in the protection and hu- extensive and costly medical attention. Tuscaloosa Metro Animal Shelter (Tusca- mane treatment of animals, specifi- My interest and involvement in this loosa, AL) cally, dogs and puppies. In short, the matter stem from the regrettable cir- Walker County Humane Society (Jasper, AL) Puppy Protection Act will crack down cumstance of Pennsylvania being home ARKANSAS on breeders who are negligent in their to many large scale commercial breed- Berryville Animal Care and Control responsibilities of breeding dogs in a ing facilities operating like puppy (Berryville, AR) healthy and humane environment, al- mills. On a State level, Pennsylvania Hot Springs Village Animal Welfare League ready required by law. has been active, and has made gains in (HPV, AR) Across the United States, there are Paragould Animal Welfare Society the area of public awareness and edu- (Paragould, AR) more than 3,000 commercial dog breed- cation, and stronger enforcement Sherwood Animal Services (Sherwood, AR) ing facilities that are licensed to oper- through increased inspection. What the ARIZONA ate by the United States Department Puppy Protection Act focuses on is the Animal Defense League of Arizona (Tucson, of Agriculture. Owners of these facili- role of Federal inspectors, and the AZ) ties are required to comply with the tools they have to enforce the Animal Arizona Animal Welfare League (Phoenix, rules and regulations of the Animal Welfare Act. AZ) Welfare Act, AWA, which sets forth Specifically, this bill will make the Cocomino Humane Association (Flagstaff, standards for humane handling and following important changes: One, cre- AZ) treatment. Inspection, to ensure com- ates a ‘‘three strikes and you’re out’’ Hacienda De Los Milagros, Inc. (Chino Val- pliance with AWA standards, is per- enforcement policy for animal welfare ley, AZ) formed by the USDA. violations, such as a lack of food or Holbrook Police Department (Holbrook, AZ) Humane Society of Sedona (Sedona, AZ) The shortcomings of this system, water or basic veterinary care; two, ad- Humane Society of Southern Arizona (Tuc- however, have been: One, inadequate dresses the need for breeding females son, AZ) resources to perform timely and rou- to be given time to recover between lit- Payson Humane Society, Inc. (Payson, AZ) tine inspections, and two, too few tools ters since currently there are no pro- Actors and Others for Animals (North Holly- to assess the proper care and handling tections against over-breeding, which wood, CA) of dogs in federally-licensed kennels. causes physical hardship for females All for Animals (Santa Barbara, CA) My interest and action over the course and may compromise the health of pup- Animal Friends of the Valley/LEAF (Lake of several years speaks to both issues. pies; and three, requires that new pup- Elsinore, CA) Earlier this year, I spearheaded an ef- Animal Protection Institute (Sacramento, pies have adequate interation with CA) fort with my Senate colleagues to in- other dogs and with people, enhancing Animal Care Services Division, City of Sac- crease the appropriation for USDA to their well-being and helping to mini- ramento (Sacramento, CA) enforce the AWA. One problem has mize behavioral problems faced by pet Animal Place (Vacaville, CA) been too few resources, approximately owners. I believe these changes will go Antioch Animal Services (Antioch, CA) 80 inspectors, to inspect nearly 10,000 a long way in cracking down on neg- Association of Veterinarians for Animal USDA federally-licensed facilities. ligent and irresponsible breeding ac- Rights (Davis, CA) Adequate resources for inspection will tivities that have long-lasting impacts Benicia/Vallejo Humane Society (Vallejo, go a long way in ensuring strong en- CA) for owners and their pets alike. Berkeley Animal Care Services (Berkeley, forcement. I am pleased to have Senator DURBIN CA) Introduction of the Puppy Protection join me in introducing this important California Animal Care (Palm Desert, CA) Act addresses the second concern of too bill. I ask unanimous consent to have California Animal Defense and Anti-Vivi- few tools to assess the proper care and the list of some 827 organizations na- section League, Inc. (Carson, CA)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18163 City of Sacramento Animal Care Services Yuba Sutter SPCA (Yuba City, CA) Humane Society of Collier County, Inc. Division (Sacramento, CA) Yucaipa Animal Placement Society (Naples, FL) City of Santa Barbara Police Department- (Yucaipa, CA) Humane Society of Lake County (Eustis, FL) Animal Control (Santa Barbara, CA) COLORADO Humane Society of Lee County, Inc. (Fort Contra Costa Humane Society (Pleasant Hill, Myers, FL) Adams County Animal Control (Commerce CA) City, CO) Humane Society of St. Lucie County (Fort Costa Mesa Animal Control (Costa Mesa, CA) Pierce, FL) Desert Hot Springs Animal Control (Desert Barnwater Cats Rescue Organization (Den- ver, CO) Humane Society of Tampa Bay (Tampa, FL) Hot Springs, CA) Humane Society of the Treasure Coast, Inc. Division (Santa Barbara, CA) Cherry Hills Village Animal Control (Cherry Hills Village, CO) (Palm City, FL) Dog Obedience Club of Torrance, CA (Tor- Jacksonville Humane Society (FL) rance, CA) Delta County Humane Society (Delta, CO) Denver Animal Control and Shelter (Denver, Jefferson County Humane Society (Monti- Earth Island Institute (San Francisco, CA) cello, FL) Eileen Hawthorne Fund Inc. (Fort Bragg, CO) The Dreampower Foundation/P.A.A.L.S. Lake City Animal Shelter (Lake City, FL) CA) Leon County Humane Society (Tallahassee, Escondido Humane Society (Escondido, CA) (Castle Rock, CO) Dumb Friends League (Denver, CO) FL) Friends for Pets Foundation (Sun Valley, Marion County Animal Center (Ocala, FL) CA) Good Samaritan Pet Center (Denver, CO) Humane Society of Boulder Valley (Boulder, Okaloosa County Animal Services (Fort Wal- Friends of the Fairmount Animal Shelter ton Beach, FL) (San Leandro, CA) CO) Intermountain Humane Society (Conifer, Panhandle Animal Welfare Society (Fort Friends of Solano County (Fairfield, CA) Walton Beach, FL) Haven Humane Society, Inc. (Redding, CA) CO) Larimer Humane Society (Fort Collins, CO) Play Acres Inc. (Wildwood, FL) The Healdsburg Animal Shelter (Healdsburg, Prayer Alliance for Animals (Jupiter, FL) CA) Lone Rock Veterinary Clinic (Bailey, CO) Longmont Humane Society (Longmont, CO) Putnam County Humane Society (Hollister, Helen Woodward Animal Center (Rancho FL) Santa Fe, CA) Montrose Animal Protection Agency (Montrose, CO) Safe Animal Shelter of Orange Park (Orange Hollister Animal Shelter (Hollister, CA) Park, FL) Humane Education Network (Menlo Park, Rangely Animal Shelter (Rangely, CO) Safe Harbor Animal Rescue and Clinic (Juni- CA) Rocky Mountain Animal Defense (Boulder, per, FL) Humane Society of Imperial County (El Cen- CO) South Lake Animal League, Inc. (Clermont, tre, CA) Table Mountain Animal Center (Golden, CO) FL) Humane Society of Tuolumne County Thornton Animal Control (Thornton, CO) Southeast Volusia Humane Society (New (Jamestown, CA) CONNECTICUT Smyrna Beach, FL) Kings SPCA (Hanford, CA) Animal Welfare Associates, Inc. (Stamford, SPCA of Hernando County, Inc. (Brooksville, Lawndale Municipal Services, Animal Con- CT) FL) trol Division (Lawndale, CA) Connecticut Humane Society (Newington, SPCA of Pinellas County (Largo, FL) The Marin Humane Society (Novato, CA) CT) Orange County People for Animals (Irvine, SPCA of West Pasco (New Port Richey, FL) Enfield Police Department—Animal Control CA) Suncoast Basset Rescue, Inc. (Gainesville, (Enfield, CT) Orange County SPCA (Huntington Beach, FL) Forgotten Felines, Inc. (Clinton, CT) CA) Suwannee County Humane Society (Live The Greater New Haven Cat Project, Inc. Pasadena Humane Society and SPCA (Pasa- Oak, FL) (New Haven, CT) dena, CA) Volusia County Animal Services (Daytona, Hamilton Sundstrand (West Locks, CT) Pet Adoption League (Grass Valley, CA) FL) Kitty Angels of Connecticut (Coventry, CT) Petaluma Animal Services (Petaluma, CA) Wings of Mercy Animal Rescue (Panama Meriden Humane Society (Meriden, CT) Placer County Animal Services (Auburn, CA) County Beach, FL) Milford Animal Control (Milford, CT) Placer County Animal Services (Kings GEORGIA Beach/Tahoe Vista, CA) Pet Animal Welfare Society (PAWS) (Nor- Pleasanton Police Department-Animal Serv- walk, CT) Animal Rescue Foundation, Inc. ices (Pleasanton, CA) Quinebaug Valley Animal Welfare Service (Milledgeville, GA) Rancho Coastal Humane Society (Leucadia, (Dayville, CT) Atlanta Humane Society and SPCA, Inc. (At- CA) Valley Shore Animal Welfare League lanta, GA) Reedley Police Department (Reedley, CA) (Westbrook, CT) Basset Hound Rescue of Georgia, Inc. (Ken- Retired Greyhound Rescue (Yuba City, CA) DELAWARE nesaw, GA) Big Canoe Animal Rescue (Big Canoe, GA) Sacramento County Animal Care and Regu- Delaware SPCA (Georgetown, DE) Catoosa County Animal Control (Ringgold, lation (Sacramento, CA) Delaware SPCA (Stanton, DE) Sacramento SPCA (Sacramento, CA) GA) FLORIDA Santa Cruz SPCA (Santa Cruz, CA) Charles Smithgall Humane Society, Inc. Seal Beach Animal Care Center (Seal Beach, Alachua County Humane Society (Gaines- (Cleveland, GA) CA) ville, FL) Clayton County Humane Society (Jonesboro, Siskiyou County Animal Control (Yreka, Animal Rights Foundation of Florida (Pom- GA) CA) pano Beach) Collie Rescue of Metro Atlanta, Inc. (At- Solano County Animal Control (Fairfield, Animal Welfare League of Charlotte County lanta, GA) CA) (Port Charlotte, FL) Coweta County Animal Control Department Southeast Area Animal Control Authority Arni Foundation (Daytona Beach, FL) (Newnan, GA) (Downey, CA) Baker County Animal Control (Macclenny, Crawfordville Shelter (Crawfordville, GA) The SPCA of Monterey County (Monterey, FL) Douglas County Humane Society CA) Central Brevard Humane Society-Central (Douglasville, GA) Stanislaus County Animal Services (Mo- (Cocoa, FL) Dublin-Laurens Humane Association (Dub- desto, CA) Central Brevard Humane Society-South lin, GA) State Humane Association of California (Melbourne, FL) Fayette County Animal Shelter (Fayette- (Sacramento, CA) Citizens for Humane Animal Treatment ville, GA) Town and Country Humane Society (Orland, (Crawfordville, FL) Fitzgerald-Ben Hill Humane Society (Fitz- CA) Clay County Animal Control (Green Cove gerald, GA) Town of Truckee Animal Control (Truckee, Springs, FL) Forsyth County Humane Society (Cumming, CA) Coral Springs Humane Unit (Coral Springs, GA) Tracy Animal Shelter (Tracy, CA) FL) Georgia Labrador Rescue (Canton, GA) Tri-City Animal Shelter (Fremont, CA) First Coast Humane Society/Nassau County Glyne County Animal Services (Brunswick, Turlare County Animal Control Shelter Animal Control (Yulee, FL) GA) (Visalia, CA) Flayler County Humane Society (Palm Golden Retriever Rescue of Atlanta (Peach- United Animal Nations/Emergency Rescue Coast, FL) tree City, GA) Service (Santa Barbara, CA) Halifax Humane Society (Daytona Beach, Homeward Bound Pet Rescue, Inc. (Ellijay, Valley Humane Society (Pleasanton, CA) FL) GA) Woods Humane Society (San Luis Obispo, Humane Society of Broward County (Fort Humane Services of Middle Georgia (Macon, CA) Lauderdale, FL) GA)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18164 CONGRESSIONAL RECORD—SENATE October 1, 2001 Humane Society of Camden County Pocatello Animal Control (Pocatello, ID) Owen County Humane Society (Spencer, IN) (Kingsland, GA) Second Chance Animal Shelter (Payette, ID) Salem Department of Animal Control Humane Society of Griffin-Spalding County Twin Falls Humane Society (Twin Falls, ID) (Salem, IN) (Experiment, GA) ILLINOIS Scott County Animal Control and Humane Humane Society’s Mountain Shelter Alton Area Animal Aid Association (God- Investigations (Scottsburg, IN) (Blairsville, GA) frey, IL) Sellersburg Animal Control (Sellersburg, IN) Humane Society of Northwest Georgia (Dal- Anderson Animal Shelter (South Elgin, IL) Shelbyville/Shelby County Animal Shelter ton, GA) The Ant-Cruelty Society (Chicago, IL) (Shelbyville, IN) Lookout Mountain Animal Resources, Inc. Chicago Animal Care and Control (Chicago, South Bene Animal Care and Control (South (Menlo, GA) IL) Bend, IN) Lowndes County Animal Welfare (Valdosta, Community Animal Rescue Effort (Evans- St. Joseph County Humane Society GA) ton, IL) (Mishawaka, IN) Okefenokee Humane Society (Waycross, GA) Cook County Department of Animal and Ra- Starke County Humane Society (North Pet Partners of Habersham, Inc. (Cornelia, bies Control (Bridgeview, IL) Judson, IN) GA) Friends Forever Humane Society (Freeport, Steuben County Humane Society, Inc. (An- Pound Puppies N Kittens (Oxford, GA) IL) gola, IN) Rescuing Animals in Need, Inc. (Buford, GA) Hinsdale Humane Society (Hinsdale, IL) Tippecanoe County Humane Society (Lafay- Rockdale County Animal Care and Control Homes for Endangered and Lost Pets (St. ette, IN) (Conyers, GA) Charles, IL) Vanderburgh Humane Society, Inc. (Evans- Small Dog Rescue/Adoption (Cumming, GA) Humane Society of Winnebago County ville, IN) Society of Humane Friends of Georgia, Inc. (Rockford, IL) Wells County Humane Society, Inc. (Lawrenceville, GA) Illinois Federation of Humane Societies (Ur- (Bluffton, IN) Toccoa-Stephens County Animal Shelter bana) KANSAS (Toccoa, GA) Illiois Humane Political Action Committee Animal Heaven (Merriam, KS) Town of Chester (Chester, GA) (Mahomet) HAWAII Kankakee County Humane Society (Kan- Arma Animal Shelter (Arma, KS) Caring Hands Humane Society (Newton, KS) Hawaii Island Humane Society (Kailua-Kona, kakee, IL) Chanute Animal Control Department HI) Metro East Humane Society (Edwardsville, (Chanute, KS) Hawaii Island Humane Society (Keaau, HI) IL) City of Kinsley Animal Shelter (Kinsley, KS) Hawaiian Humane Society (Honolulu, HI) Naperville Animal Control (Naperville, IL) Finney County Humane Society (Garden Kauai Humane Society (Lihue, HI) Peoria Animal Welfare Shelter (Peoria, IL) City, KS) The Maui Humane Society (Puunene, HI) Peoria Humane Society (Peoria, IL) Ford County Humane Society (Dodge City, West Hawaii Humane Society (Kailua-Kona, PetEd Human Education (Hinsdale, IL) KS) HI) Quincy Humane Society (Quincy, IL) Heart of America Humane Society (Overland IOWA South Suburban Humane Society (Chicago Heights , IL) Park, KS) Animal Control (Creston, IA) Tazewell Animal Protective Society (Pekin, Hutchinson Humane Society (Hutchinson, Animal Lifeline of Iowa, Inc. (Carlisle, IA) IL) KS) Animal Protection Society of Iowa (Des West Suburban Humane Society (Downers Kansas Humane Society of Wichita (Wichita, Moines) Grove,IL) KS) Animal Rescue League of Iowa (Des Moines) Winnebago County Animal Services (Rock- Lawrence Humane Society (Lawrence, KS) Appanoose County Animal Lifeline, Inc. ford, IL) Leavenworth Animal Shelter (Leavenworth, (Centerville, IA) INDIANA KS) Cedar Bend Humane Society (Waterloo, IA) Medicine Lodge Animal Shelter (Medicine Cedar Rapids Animal Control (Ely, IA) Allen County SPCA (Fort Wayne, IN) Lodge, KS) Cedar Valley Humane Society (Cedar Rapids, Cass County Humane Society (Logansport, Neosho County Sheriff’s Office (Erie, KS) IA) IN) Salina Animal Shelter (Salina, KS) City of Atlantic Animal Shelter (Atlantic, Dubois CountyHumane Society (Jasper, IN) S.E.K. Humane Society (Pittsburg, KS) IA) Elkhart City Police Department-Animal KENTUCKY Creston Animal Rescue Effort (Creston, IA) Control Division (Elkhart, IN) Friends of the Animals of Jasper County Fort Wayne Animal Care and Control (Ft. Boone County Animal Control (Burlington, (Newton, IA) Wayne, IN) KY) Humane Society of Northwest Iowa (Milford, Greene County Humane Society (Linton, IN) Friends of the Shelter/SPCA Kentucky (Flor- IA) Greenfields, Hancock County Animal Control ence, KY) (Greenfield, IN) Humane Society of Scott County (Dav- Humane Society of Nelson County Hammond Animal Control (Hammond, IN) enport, IA) (Bardstown, KY) Hendricks County Humane Society Iowa City Animal Care and Control (Iowa Jefferson County Animal Control and Pro- (Brownsburg, IN) City, IA) tection (Louisville, KY) Home for Friendless Animals Inc. (Indianap- Iowa Federation of Humane Societies (Des Kentucky Coalition for Animal Protection, olis, IN) Moines) Inc. (Lexington, KY) Humane Society Calumet Area, Inc. (Mun- Jasper County Animal Rescue League and Marion County Humane Society Inc. (Leb- ster, IN) Humane Society (Newton, IA) anon, KY) Humane Society of Elkhart County (Elkhart, Keokuk Animal Shelter, Animal Control McCracken County Humane Society , Inc. IN) (Keokuk, IA) (Paducah, KY) Humane Society for Hamilton County Muhlenberg County Humane Society (Green- Keokuk Humane Society (Keokuk, IA) (Noblesville, IN) Montgomery County Animal Rescue (Red ville, KY) Humane Society of Hobart (Hobart, IN) Woodford Humane Society (Versailles, KY) Oak, IA) Humane Society of Indianapolis (Indianap- Muscatine Humane Society (Muscatine, IA) olis, IN) LOUISIANA Siouxland Humane Society (Sioux City, IA) Humane Society of Perry County (Tell City, Calcasieu Parish Animal Control and Protec- Solution to Over-Population of Pets (Bur- IN) tion Department (Lake Charles, LA) lington, IA) Johnson County Animal Shelter (Franklin, Cat Haven, Inc. (Baton Rouge, LA) Spay Neuter Assistance for Pets (SNAP) IN) City of Bossier Animal Control (Bossier City, (Muscatine, IA) La Porte County Animal Control (La Porte, LA) Vinton Animal Shelter (Vinton, IA) IN) Coalition of Louisiana Advocates (Pineville, IDAHO Madison County SPCA and Humane Society, LA) Animal Ark (Grangeville, ID) Inc. (Anderson IN) Dont’ Be Cruel Sanctuary (Albany, LA) Animal Shelter of Wood River Valley Michiana Humane Society (Michigan City, East Baton Rouge Parish Animal Control (Hailey, ID) IN) Center (Baton Rouge, LA) Bannock Humane Society (Pocatello, ID) Monroe County Humane Association (Bloom- Humane Society Adoption Center (Monroe, Ferret Haven Shelter/Rescue of Boise, Inc. ington, IN) LA) (Boise, ID) Morgan County Humane Society Iberia Humane Society (New Iberia, LA) Humane Society of the Palouse (Moscow, ID) Martinsville, IN) Jefferson Parish Animal Shelters (Jefferson, Idaho Humane Society (Boise, ID) New Albany/Floyd County Animal Shelter/ LA) Kootenai Humane Society (Hayden, ID) Control (New Albany, IN) Jefferson SPCA (Jefferson, LA)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18165 League in Support of Animals (New Orleans, Friends for Felines Inc. (Lansing, MI) Dent County Animal Welfare Society LA) Gross Point Animal Adoption Society (Salem, MO) Louisiana SPCA (New Orleans, LA) (Grosse Pointe Farms, MI) Dogwood Animal Shelter (Camdenton, MO) Natchitoches Humane Animal Shelter Humane Society of Bay County, Inc. (Bay Humane Society of Missouri (St. Louis, MO) (Natchitoches, LA) City, MI) Humane Society of the Ozarks (Farmington, Spay Mart, Inc. (New Orleans, LA) Humane Society of Huron Valley (Ann MO) St. Bernard Parish Animal Control Arbor, MI) Humane Society of Southeast Missouri (Cape (Chalmette, LA) Humane Society of Kent County (Walker, Girardeau, MO) St. Charles Humane Society (Destrehan, LA) MI) Jeferson County Animal Control (Barnhart, St. Tammany Humane Society (Covington, Humane Society of Southwest Michigan MO) LA) (Benton Harbor, MI) Lebanon Humane Society (Lebanon, MO) MASSACHUSETTS Inkster Animal Control (Inkster, MI) Lee’s Summit Municipal Animal Shelter Iosco County Animal Control (Taws City, Alliance for Animals (Boston, MA) (Lee’s Summit, MO) MI) Animal Shelter Inc. (Sterling, MA) Marshall Animal Shelter (Marshall, MO) Kalamazoo Humane Society (MI) Baypath Humane Society of Hopkinton, Inc. Northeast Missouri Humane Society (Han- Lenawee Humane Society (Andrian, MI) (Hopkinton, MA) nibal, MO) Michigan Animal Adoption Network The Buddy Dog Humane Society, Inc. (Sud- Olde Towne Fenton Veterinary Hospital (Livonia, MI) bury, MA) (Fenton, MO) Michigan Animal Rescue League (Pontiac, CEASE (Somerville, MA) Open Door Animal Sanctuary (House MI) Faces Inc. Dog Rescue and Adoption (West Springs, MO) Michigan Humane Society (Westland, MI) Springfield, MA) Pount Pals (St. Louis, MO) Michigan Humane Society (Rochester Hills, Faxon Animal Rescue League (Fall River, Saline Animal League (Marshall, MO) MI) MA) Sikeston Bootheel Humane Society Midland County Animal Control (Midland, Lowell Humane Society (Lowell, MA) (Sikeston, MO) MI) MSPCA (Boston, MA) St. Charles Humane Society (St. Charles, Mid-Michigan Animal Welfare League New England Animal Action, Inc. (Amherst, MO) (Standish, MI) MA) St. Joseph Animal Control and Rescue (St. Ottawa Shores Humane Society (West Olive, North Shore Feline Rescue (Middleton, MA) Joseph, MO) MI) South Shore Humane Society, Inc. (Brain- St. Joseph Animal Rights Team (St. Louis, Pet Connection Humane Society (Reed City, tree, MA) MO) MI) St. Peters Animal Control (St. Peters, MO) MARYLAND Roscommon County Animal Shelter Wayside Waifs (Kansas City, MO) Animal Advocates of Howard County (Roscommon, MI) (Ellicott City, MD) The Safe Harbor Haven Inc./ Rottweiler Hope MISSISSIPPI Bethany Centennial Animal Hospital (Grand Ledge, MI) Cedarhill Animal Sanctuary, Inc. (Caledonia, (Ellicott City, MD) St. Clair Shores Emergency Dispatchers (St. MS) Caroline County Humane Society (Ridgely, Clair Shores, MI) Forest County Humane Society (Hatties- MD) St. Joseph County Animal Control (Centre- burg, MS) Charles County Animal Control Services (La ville, MI) Humane Society of South Mississippi (Gulf- Plata, MD) WAG Animal Rescue (Wyandotte, MI) port, MS) Harford County Animal Control (Bel Air, MINNESOTA Mississippi Animal Rescue League (Jackson, MD) Almost Home Shelter (Mora, MN) MS) Humane Society of Baltimore County Animal Allies Humane Society (Duluth, MN) (Reisterstown, MD) MONTANA Beltrami Humane Society (Bemidji, MN) Humane Society of Carroll County, Inc. Bernese Mountain Dog Club of the Greater Anaconda Police Department-Animal Con- (Westminster, MD) Twin Cities (St. Paul, MN) trol (MT) The Humane Society of Charles County (Wal- Brown County Humane Society (New Ulm, Animal Welfare League of Montana (Billings, dorf, MD) MN) MT) The Humane Society of Dorchester County, Carver-Scott Humane Society (Chaska, MN) Bitter Root Humane Association (Hamilton, Inc. (Cambridge, MD) Clearwater County Humane Society (Bagley, MT) The Humane Society of Harford County MN) Bright Eyes Care and Rehab Center, Inc. (Fallston, MD) Doberman Rescue Minnesota (Prior Lake, (Choteau, MT) Humane Society of Southern Maryland MN) Humane Society of Cascade County (Great (Temple Hills, MD) Friends of Animals Humane Society of Falls, MT) Humane Society of Washington County Carlton County, Inc. (Cloquet, MN) Humane Society of Park County (Livingston, (Maugansville, MD) Hibbing Animal Shelter (Hibbing, MN) MT) Labrador Retriever Rescue, Inc. (Clinton, Humane Society of Otter Tail County (Fer- Mission Valley Animal Shelter (Polston, MD) gus Falls, MN) MT) Prince George’s County Animal Welfare Humane Society of Polk County, Inc. Montana Spay/Neuter Taskforce (Victor, League (Forestville, MD) (Crookston, MN) MT) Shady Spring Kennels and Camp for Dogs The Humane Society of Wright County (Buf- Missourla Humane Society (Missoula, MT) (Woodbine, MD) falo, MN) PAWHS (Deerlodge, MT) St. Mary’s Animal Welfare League, Inc. (Hol- Isanti County Humane Society (Cambridge, lywood, MD) NORTH CAROLINA MN) Animal Protection Society of Orange County MAINE Minnesota Valley Humane Society (Burns- (Chapel Hill, MT) Boothbay Region Humane Society (Boothbay ville, MN) Carolina Animal Protection Society of Harbor, ME) Second Chance Animal Rescue (White Bear Onslow County, Inc. (Jacksonville, NC) Bucksport Animal Shelter (Bucksport, ME) Lake, MN) Carteret County Humane Society, Inc (More- Greater Androscoggin Humane Society (Au- MISSOURI head City, NC) burn, ME) Affton Veterinary Clinic (St. Louis, MO) Charlotte/Mecklenburg Animal Control Bu- Houlton Humane Society (Houlton, ME) The Alliance for the Welfare of Animals reau (Charlotte, NC) Humane Society—Waterville Area (Springfield, MO) Forsyth County Animal Control (Winston- (Waterville, ME) Animal Protective Association of Missouri Salem, NC) Kennebec Valley Humane Society (Augusta, (St. Louis, MO) Henderson County Humane Society (Hender- ME) Audrain Humane Society (Mexico, MO) sonville, NC) Penobscot Valley Humane Society (Lincoln, Boonville Animal Control Shelter Justice For Animals, Inc. (Raleigh, NC) ME) (Booneville, MO) Moore Humane Society (Southern Pines, NC) MICHIGAN Callaway Hills Animal Shelter (New Bloom- North Carolina Animal/Rabies Control Asso- Adopt-A-Pet (Allegan, MI) field, MO) ciation (Raleigh, NC) Animal Placement Bureau (Lansing, MI) Caruthersville Humane Society SPCA of Wake County (Garner, NC) Capital Area Humane Society (Lansing, MI) (Caruthersville, MO) Wake County Animal Control Raleigh, NC) The Cat Connection (Berkley, MI) Columbus Lowndes Humane Society (Colum- Watauga Humane Society (Blowing Rock, Concern for Critters (Battle Creek, MI) bus, MO) NC)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18166 CONGRESSIONAL RECORD—SENATE October 1, 2001

NORTH DAKOTA NEVADA Lake County Humane Society, Inc. (Mentor, Central Dakota Humane Society (Mandan, Carson/Eagle Valley Humane Society (Car- OH) ND) son City, NV) Marion County Humane Society (Marion, James River Humane Society (Jamestown, Nevada Humane Society (Sparks, NV) OH) Maumee Valley Save-A-Pet (Waterville, OH) ND) NEW YORK Souris Valley Humane Society (Minot, ND) Medina County Animal Shelter (Medina, OH) Animal Rights Advocates of Western New Miami County Animal Shelter (Troy, OH) NEBRASKA York (Amherst, NY) Monroe County Humane Society (Woodsfield, Capital Humane Society (Lincoln, NE) The Caring Corps, Inc. (New York, NY) OH) Care Seekers (Omaha, NE) Chautauqua County Humane Society Montgomery County Animal Shelter (Day- Central Nebraska Humane Society (Grand Is- (Jamestown, NY) ton, OH) land, NE) Chenango County SPCA (Norwich, NY) Morrow County Humane Society (Mt. Gilead, Coalition for Animal Protection, Inc. Columbia-Greene Humane Society (Hudson, OH) (Omaha, NE) NY) North Central Ohio Nature Preservation Dodge County Humane (Fremont, NE) Elmore SPCA (Peru, NY) League (Mansfield, OH) Hearts United for Animals (Auburn, NE) Finger Lakes SPCA of Central New York North Coast Humane Society (Cleveland, OH) McCook Humane Society (McCook, NE) (Auburn, NY) Ohio County Dog Wardens’ Association Nebraska Border Collie Rescue (Bellevue, The Fund for Animals (New York, NY) (Delaware, OH) NE) Humane Society of Rome (Rome, NY) Ohioans for Animal Rights (Eastlake, OH) Nebraska Humane Society (Omaha, NE) New York State Animal Control Association PAWS (Middletown, OH) Panhandle Humane Society (Scottsbluff, NE) (Oswego, NY) Paws and Prayers Per Rescue (Akron, OH) White Rose Sanctuary (Gordon, NE) New York State Humane Association (King- Pet Birth Control Clinics (Cleveland, OH) ston, NY) Pet-Guards Shelter (Cuyahoga Falls, OH) NEW HAMPSHIRE People for Animal Rights, Inc. (Syracuse, Portage County Animal Protective League Animal Rescue League of New Hampshire NY) (Ravenna, OH) (Bedford, NH) SPCA of Catt County (Olean, NY) Portage County Dog Warden (Ravenna, OH) Cocheco Valley Humane Society (Dover, NH) St. Francis Animal Shelter, Inc. (Buffalo, Rescue, Rehabilitation and Release Wildlife Collage (Nashua, NH) NY) Center (New Philadelphia, OH) Concord-Merrimack County SPCA (Concord, OHIO Sandusky County Dog Warden (Fremont, NH) Angles for Animals (Greenford, OH) OH) Conway Area Human Society (Center Animal Adoption Foundation (Hamilton, OH) The Scratching Post (Cincinnati, OH) Conway, NH) Animal Charity (Youngstown, OH) Society for the Improvement of Conditions Greater Derry Humane Society, Inc. (East Animal Control of Brook Park (Brook Park, for stray Animals (Kettering, OH) Derry, NH) OH) SPCA Cincinnati (Cincinnati, OH) Humane Society of Greater Nashua (Nashua, Animal Control—City of Middleburg Heights Stark County Humane Society (Louisville, NH) (Middleburg Heights, OH) OH) Manchester Animal Shelter (Manchester, Animal Protection Guild (Canton, OH) Their Caretakers (DeGraff, OH) NH) Animal Protective League (Cleveland, OH) Toledo Area Humane Society (Maumee, OH) Monadnock Humane Society (W. Swanzey, The Animal Shelter Society, Inc. (Zanes- Tuscarawas County Dog Pound (New Phila- NH) ville, OH) delphia, OH) New Hampshire Animal Rights League, Inc. Alter Pet Inc. (Sharon Center, OH) Wayne County Humane Society (Wooster, (Concord, NH) Ashtabula County Humane Society (Jeffer- OH) The New Hampshire Doberman Rescue son, OH) Wester Reserve Humane Society (Euclid, OH) League, Inc. (Rochester, NH) Athens County Humane Society (Athens, Wyandot County Humane Society, Inc. (San- New Hampshire Humane Society (Laconia, OH) dusky, OH) NH) Belmont County Animal Shelter (St. OKLAHOMA New Hampshire SPCA (Stratham, NH) Clairsville, OH) Animal Aid of Tulsa, Inc. (Tulsa, OK) Solutions to Overpopulation of Pets, Inc. Brown County Animal Shelter (Georgetown, (Concord, NH) Enid SPCA (Enid, OK) OH) Home at Last Organization (Tulsa, OK) Sullivan County Humane Society (Clare- Canine Therapy Companions (Wooster, OH) mont, NH) Humane Society of Cherokee County (Tahle- Capital Area Humane Society (Hilliard, OH) quah, OK) White Mountain Animal League (Franconia, Carroll County Humane Society (Carrollton, NH) Partners for Animal Welfare Society OH) (McAlester, OK) NEW JERSEY City of Cleveland Dog Kennels (Cleveland, PAWS (Muskogee, OK) Animal Welfare Federation of New Jersey OH) Petfinders Animal Welfare Society, Inc. (Montclair, NJ) Crawford County Humane Society (Bucyrus, (Moore, OK) Associated Humane Societies (Newark, NJ) OH) Promoting Animal Welfare Society, Inc. Cumberland County SPCA (Vineland, NJ) Darke County Animal Shelter (Greenville, (Muskogee, OK) Humane Society of Atlantic County (Atlan- OH) Stephens County Humane Society (Duncan, tic County, NJ) Erie County Dog Pound (Sandusky, OH) OK) Hunterdon County SPCA (Milford, NJ) Euclid Animal Shelter (Euclid, OH) Volunteers for Animal Welfare, Inc. (Okla- Monmouth County SPCA (Eatontown, NJ) Harrison County Dog Warden (Codiz, OH) homa City, OK) Parsippany Animal Shelter (Parsippany, NJ) Hearts and Paws (Canal Fulton, OH) OREGON Paws for a Cause (Brick, NJ) Henry County Humane Society (Napoleon, OH) Hood River County Sheriff’s Department NEW MEXICO Humane Association of Butler County (Tren- (Hood River, OR) Animal Aid Association of Cibola County ton, OH) Humane Society of Allen County (Lima, OR) (Milan, NM) Humane Association of Warren County (Leb- Humane Society of Central Oregon (Bend, Cimarron Police Animal Control (Cimarron, anon, OH) OR) NM) Humane Society of Delaware County (Dela- Humane Society of Williamette Valley Deming/Luna County Humane Society ware, OH) (Salem, OR) (Deming, NM) Humane Society of Erie County (Sandusky, Jackson County Animal Shelter (Phoenix, Dona Ana County Humane Society (Las OH) OR) Cruces, NM) Humane Society of Greater Dayton (Dayton, Lakeview Police Department (Lakeview, OR) Homeless Animal Rescue Team, Inc. (Los OH) Multnomah County Animal Control Lunas, NM) Humane Society of the Ohio Valley (Mari- (Troutdale, OR) Peoples’ Anti-Cruelty Association (Albu- etta, OH) Oregon Humane Society (Portland, OR) querque, NM) The Humane Society of Ottawa County (Port South Coast Humane Society (Brookings, Rio Grande Animal Humane Association, Clinton, OH) OR) Inc. (Los Lunas, NM) Humane Society of Preble County (Eaton, Wallowa County Humane Society (Enter- Roswell Humane Society (Roswell, NM) OH) prise, OR) San Juan Animal League (Farmington, NM) Humane Society of Sandusky County (Fre- PENNSYLVANIA Santa Fe Animal Shelter and Humane Soci- mont, OH) Antieam Humane Society, Inc. (Waynesboro, ety (NM) Lake County Dog Shelter (Painesville, OH) PA)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18167 Beaver County Humane Society (Monaca, Hickman Humane Society (Centerville, TN) Isle of Wight County Humane Society PA) Humane Society of Cumberland County (Smithfield, VA) Bradford County Humane Society (Ulster, (Crossville, TN) Lynchburg Humane Society Inc. (Lynchburg, PA) Humane Society of Dickson County VA) Chester County SPCA (West Chester, PA) (Dickson, TN) Madison County Humane Society (Madison, Cumberland Valley Animal Shelter (Cham- Humane Society of Dover-Stewart County VA) bersburg, PA) (Dover, TN) The National Humane Education Society Humane Society at Lackawanna County Nashville Humane Association (Nashville, (Leesburg, VA) (Clarks Summit, PA) TN) New Kent Sheriff’s Department (New Kent, Lehigh Valley Animal Rights Coalition (Al- North Central Tennessee Spay and Neuter VA) lentown, PA) (West Lafayette) Page County Animal Shelter (Stanley, VA) The Pennsylvania SPCA (Philadelphia, PA) Tennessee Humane Association (Knoxville, Pennisula SPCA (Newport News, VA) The Pennsylvania SPCA (Stroudsburg, PA) TN) Portsmouth Police Animal Control (Ports- Ruth Steinert Memorial SPCA (Pottsville, TEXAS mouth, VA) PA) Animal Adoption Center (Garland, TX) Potomac Animal Allies, Inc. (Woodbridge, SPCA of Luzerne County (Wilkes Barre, PA) Animal Connection of Texas (Dallas, TX) VA) Western Pennsylvania Westie Rescue Com- Animal Defense League (San Antonio, TX) Prevent a Litter Coalition, Inc. (Reston, VA) mittee (New Castle, PA) Animal Shelter and Adoption Center of Gal- Smyth County Humane Society (Marion, Women’s Humane Society (Bensalem, PA) veston Island, Inc. (Galveston, TX) VA) York County SPCA (Thomasville, PA) Affordable Companion Animal Neutering SPCA of Northern Virginia (Arlington, VA) SPCA of Martinsville-Henry County RHODE ISLAND (Austin, TX) Canyon Lake Animal Shelter Society (Can- (Martinsville, VA) Animal Rescue League of SRI (Wakefield, SPCA of Winchester, Frederick and Clarke RI) yon Lake, TX) Central Texas SPCA (Cedar Park, TX) Counties (Winchester, VA) Potter League For Animals (Newport, RI) Suffolk Animal Control Shelter (Suffolk, Providence Animal Control Center Provi- Citizens for Animal Protection (Houston, TX) VA) dence, RI) Tazewell County Animal Shelter (Tazewell, Warren Animal Shelter (Warren, RI) City of Brownsville-Animal Control (Browns- ville, TX) VA) SOUTH CAROLINA City of Hurst Animal Services (Hurst, TX) Vinton Police Department-Animal Control The Animal Mission (Columbia, SC) City of Nacogdoches Animal Shelter (Vinton, VA) Animal Protection League of South Carolina (Nacogdoches, TX) Virginia Beach SPCA (Virginia Beach, VA) (Hopkins, SC) City of West University Place (Houston, TX) Wildlife Center of Virginia (Waynesboro, VA) Beaufort County Animal Shelter and Control Doggiemom Rescue (Dallas, TX) Williamsburg-James City County Animal (Beaufort, SC) Find-A-Pet (Dallas, TX) Control (Williamsburg, VA) Blue Ridge Animal Fund (Travelers Rest, Guadalupe County Humane Society (Sequin, VERMONT SC) TX) Addison County Humane Society City of Aiken Animal Control (Aiken, SC) Harker Heights Animal Control (Harker (Middlebury, VT) Columbia Animal Shelter (Columbia, SC) Heights, TX) Caledonia Animal Rescue (St. Johnsbury, Concerned Citizens for Animals Homeless Pet Placement League (Houston, VT) (Simpsonville, SC) TX) Central Vermont Humane Society (Montpe- Grand Strand Humane Society (Myrtle H.O.R.S.E.S. in Texas (Chico, TX) lier, VT) Beach, SC) Houston Dachshund Rescue (Spring, TX) Collie Rescue League of New England (Brad- The Greenville Humane Society (Greenville, Houston Humane Society (Houston, TX) ford, VT) SC) Houston SPCA (Houston, TX) Elizabeth H. Brown Humane Society, Inc. Hanahan Animal Control Office/Animal Shel- Humane Society of El Paso (El Paso, TX) (St. Johnsbury, VT) ter (Hanahan, SC) Humane Society of Greater Dallas (Dallas, Endtrap (White River Junction, VT) Hilton Head Humane Association (Hilton TX) Green Mountain Animal Defenders (Bur- Head Island, SC) Humane Society of Harlingen (Harlingen, lington, VT) Humane Society of Marion County (Marion, TX) Humane Society of Chittenden County SC) Humane Society of Montgomery County (South Burlington, VT) Humane Society of the Midlands (Colombia, (Conroe, TX) The Nature Network (North Pomfret, VT) SC) Humane Society of Navarro County (Cor- Rutland County Humane Society (Pittsford, The Humane Society of North Myrtle Beach sicana, TX) VT) Humane Society of North Texas (Fort Worth, (North Myrtle Beach, SC) Rutland Police Department-Animal Control TX) Kershaw County Humane Society (Camben, (Rutland, VT) Humane Society of Tom Green County (San SC) Second Chance Animal Center (Shaffsbury, Angelo, TX) Lancaster County Animal Control (Kershaw, VT) Jasper Animal Rescue (Jasper, TX) SC) Vermont Volunteer Services for Animals Lubbock Animal Services (Lubbock, TX) Lexington Animal Services (Lexington, SC) (Woodstock, VT) Metroport Humane Society (Roanoke, TX) South Carolina Animal Care and Control As- Windham County Humane Society North Central Texas Animal Shelter Coali- sociation (Columbia, SC) (Brattleboro, VT) tion (Forth Worth, TX) The Spay/Neuter Association, Inc. (Colum- WASHINGTON bia, SC) Operation Kindness Animal Shelter St. Francis Humane Society (Georgetown, (Carrollton, TX) Animal Protection Society (Friday Harbor, SC) Paws Shelter for Animals (Kyle, TX) WA) Walter Crowe Animal Shelter (Camden, SC) SPCA of Texas (Dallas, TX) City of Hoquiam’s Animal Control (WA) Texas Federation of Humane Societies (Aus- Ellensburg Animal Shelter (Ellensburg, WA) SOUTH DAKOTA tin, TX) Humane Society of Central Washington Aberdeen Area Humane Society (Aberdeen, Waco Humane Society and Animal Shelter (Yakima, WA) SD) (Waco, TX) The Humane Society of Seattle/King County Beadle County Humane Society (Huron, SD) VIRGINIA (Bellevue, WA) Humane Society of the Black Hills (Rapid Animal Assistance League (Chesapeake, VA) Humane Society of Skagit Valley (Bur- City, SD) Animal Welfare League of Alexandria (Alex- lington, WA) TENNESSEE andria, VA) Kindred Spirits Animal Sanctuary Animal Protection Association (Memphis, Caring for Creatures (Palmyra, VA) (Suquamish, WA) TN) Danville Area Humane Society (Danville, NOAH (Stanwood, WA) Companion Animal Support Services (Nash- VA) Progressive Animal Welfare Society ville, TN) For the Love of Animals in Goochland (Lynnwood, WA) Fayette County Animal Rescue (Rossville, (Manakin-Sabot, VA) SpokAnimal C.A.R.E. (Spokane, WA) TN) Henrico Humane Society (Richmond, VA) Wenatchee Valley Humane Society Greenville-Greene County Humane Society Heritage Humane Society (Williamsburg, (Wenatchee, WA) (Greenville, TN) VA) Whatcom Humane Society (Bellingham, WA) Hardin County Humane Society (Savannah, Humane Society Montgomery County WISCONSIN TN) (Blacksburg, VA) Alliance for Animals (Madison, WI)

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18168 CONGRESSIONAL RECORD—SENATE October 1, 2001 Bay Area Humane Society and Animal Shel- Laramie Animal Shelter (Laramie, WY) niority integration issues by a neutral ter, Inc. (Green Bay, WI) PAWS of Jackson Hole (Jackson, WY) third party arbitrator selected by the Cats International (Cedarburg, WI) Wyoming Advocates for Animals (Cheyenne, parties. Chippewa County Humane Association (Chip- WY) The purpose of this is to ensure that pewa Falls, WI) Clark County Humane Society (Neillsville, By Mr. BOND: there is a fair and reasonable basis for WI) S. 1479. A bill to require procedures resolving the seniority issues facing Coulee Region Humane Society, Inc. (La- that ensure the fair and equitable reso- these employees. Crosse, WI) lution of labor integration issues in Several people have accused me of Dane County Humane Society (Madison, WI) transactions for the combination of air having some formula that I want to see Eastshore Humane Association (Chilton, WI) carriers, and for other purposes; to the adopted, having decided in advance Eau Claire County Humane Association (Eau Committee on Health, Education, how this should proceed. I don’t know Claire, WI) enough about seniority practices of ei- Elm Brook Humane Society (Brookfield, WI) Labor, and Pensions. Fox Valley Humane Association Ltd (Apple- Mr. BOND. Madam President, I rise ther of the airlines to try to propose a ton, WI) today to introduce a bill that is very solution. But when you have both par- Humane Society of Marathon County important for many employees of the ties coming together, seeking an arbi- (Wausan, WI) airline industry in my State of Mis- tration panel or arbitrator who is Lincoln County Humane Society Inc. (Mer- souri and elsewhere across the country. knowledgeable and who will hear pres- rill, WI) The legislation is entitled ‘‘The Airline entations from both sides, we can make Northwoods Humane Society (Hayward, WI) Workers Fairness Act.’’ sure that American Airlines employees Ozaukee Humane Society (Grafton, WI) and TWA employees are all treated in a The Pepin County Humane Society (Durand, I have previously written to the dis- WI) tinguished Presiding Officer and the fair and reasonable manner. Rock County Humane Society (Janesville, ranking member to explain to them the I am very pleased to say we have had WI) reason for this concern; that is, the strong support from the Airline Pilots Rusk County Animal Shelter (Ladysmith, fact that for the good of the country, Association, the International Associa- WI) the airline industry, and the traveling tion of Machinists, the Teamsters, and Shawano County Humane Society (Shawano, public, American Airlines acquired the the AFL–CIO. Nobody knows how these WI) assets of TWA. This was a good meas- issues will be resolved, but an awful lot Washburn County Area Humane Society of people are counting on us to make (Spooner, WI) ure for continuation of airline service, Washington County Humane Society (Sling- for the employees, and for the commu- sure they are resolved in a fair and rea- er, WI) nities served. sonable manner, giving both sides an Wisconsin Humane Society (Milwaukee, WI) Now, however, as a result of the out- opportunity to be heard and to have an WEST VIRGINIA rageous terrorist attacks on September arbitrator propose a final decision. Federation of Humane Organizations of West 11, airlines across the country have I look forward to working with the Virginia (Mineral Wells, WV) found a significant decrease in volume. occupant of the chair and others as we Hampshire County Pet Adoption Program I believe there is no safer time to fly move forward on this very important (Paw Paw, WV) the airlines than now. We go through a matter. I thank my colleagues for their Hancock County Animal Shelter (New Cum- little more security. I am delighted to kind attention. I ask that if they wish berland, WV) do it. I believe that we are safe on air- to join me in this bill, please do so. It Humane Society of Harrison County line travel, certainly safer than we is important that we act on this meas- (Shinnston, WV) were before September 11. I believe it is ure this year. I will be happy to re- Humane Society of Morgan County (Berke- an outstanding time to fly. But many ley Springs, WV) spond to inquiries and work with col- Humane Society of Parkersburg (Parkers- people, because of legitimate concerns leagues who have thoughts on how we burg, WV) for themselves and their families, are can improve. The Humane Society of Pocahontas County not flying. So there are layoffs going f (Hillsboro, WV) on throughout the airline industry. Humane Society of Raleigh County (Beckley, What this bill seeks to do is to ensure STATEMENTS ON SUBMITTED WV) that after the two companies, Amer- RESOLUTIONS Jackson County Humane Society/Jackson ican Airlines and TWA, and TWA Ex- County Animal Shelter (Cottageville, press, are merged, after the first of the WV) SENATE RESOLUTION 164—DESIG- year, that the employees of both Jefferson County Animal Control NATING OCTOBER 19, 2001, AS (Kearneysville, WV) merged airlines will be treated fairly. Obviously, everybody understands ‘‘NATIONAL MAMMOGRAPHY Kanawha/Charleston Humane Association DAY’’ (Charleston, WV) with a decrease in airline traffic, there Marshall County Animal Rescue League is going to be a need for layoffs. We Mr. BIDEN (for himself, Mr. THUR- (Glen Dale, WV) have seen those layoffs. We hope, we MOND, Mr. AKAKA, Mr. ALLEN, Mr. Monroe County Animal League, Inc. (Union, fervently pray, that we can get back to BAYH, Mr. BINGAMAN, Mrs. BOXER, Mr. WV) business in the United States and get BREAUX, Mr. BROWNBACK, Mr. BYRD, Morgantown Animal Control (Morgantown, people flying again so they will use Mr. CAMPBELL, Ms. CANTWELL, Mrs. WV) CARNAHAN, Mr. CARPER, Mr. CLELAND, Ohio County Animal Shelter (Triadelphia, this valuable resource and get these WV) people back to work. Mrs. CLINTON, Mr. COCHRAN, Mr. Ohio County SPCA (Triadelphia, WV) I have talked to an awful lot of peo- CONRAD, Mr. DEWINE, Mr. DODD, Mr. Ohio County SPCA (Wheeling, WV) ple at TWA who realize they will be a DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. Putnam County Humane Society, Inc. (Scott much smaller percentage of the total EDWARDS, Mrs. FEINSTEIN, Mr. FITZ- Depot, WV) workforce than the larger numbers of GERALD, Mr. FRIST, Mr. GRAHAM, Mr. TLC Animal Sanctuary (Clendenin, WV) American Airlines employees. They GRAMM, Mr. GRASSLEY, Mr. HAGEL, Mr. Upshur County Humane Society have sought to find a way to make sure HATCH, Mr. HELMS, Mr. HOLLINGS, Mr. (Buckhannon, WV) that these two airlines are combined in HUTCHINSON, Mrs. HUTCHISON, Mr. Wetzel County Humane Society (New Martinsville, WV) a fair and reasonable manner. They INHOFE, Mr. JEFFORDS, Mr. JOHNSON, looked at the Allegheny-Mohawk ap- Mr. KENNEDY, Mr. KERRY, Ms. WYOMING proach that was applied by the Civil LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. Animal Care Center (Laramie, WY) Aeronautics Board when those two air- LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, Caring for Powell Animals (Powell, WY) Cheyenne Animal Shelter (WY) lines were combined, and the trans- Ms. MIKULSKI, Mr. MILLER, Mr. MUR- Dare to Care Animal League (Riverton, WY) actions in that were performed in a KOWSKI, Mrs. MURRAY, Mr. NELSON of Humane Society of Park County (Cody, WY) way to encourage negotiation, medi- Nebraska, Mr. REID, Mr. SARBANES, Mr. Lander Pet Connection, Inc. (Lander, WY) ation, and ultimately resolution of se- SCHUMER, Mr. SMITH of Oregon, Ms.

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SNOWE, Mr. SPECTER, Ms. STABENOW, mography much more rapid and precise remember to do something that only Mr. TORRICELLI, Mr. VOINOVICH, Mr. than before. Government programs will comes around once each year. I would WARNER, and Mr. WELLSTONE) sub- provide free mammograms to those suggest that this is where ‘‘National mitted the following resolution; which who can’t afford them, as well as Med- Mammography Day’’ comes in. This was referred to the Committee on the icaid eligibility for treatment if breast year, National Mammography Day falls Judiciary. cancer is diagnosed. Information about on Friday, October 19, right in the mid- S. RES. 164 treatment of breast cancer with sur- dle of National Breast Cancer Aware- Whereas according to the American Cancer gery, chemotherapy, and radiation ness Month. On that day, let’s make Society, in 2001, 192,200 women will be diag- therapy has exploded, reflecting enor- sure that each woman we know picks a nosed with breast cancer and 40,600 women mous research advances in this disease. specific date on which to get a mam- will die from this disease; So I am feeling quite positive about mogram each year, a date that she Whereas it is estimated that about 2,000,000 our battle against breast cancer. A di- won’t forget: a child’s birthday, an an- women were diagnosed with breast cancer in agnosis of breast cancer is not a death niversary, perhaps even the day her the 1990s, and that in nearly 500,000 of those cases, the cancer resulted in death; sentence, and I encounter long-term taxes are due. On National Mammog- Whereas the risk of breast cancer increases survivors of breast cancer nearly daily. raphy Day, let’s ask our loved ones: with age, with a woman at age 70 years hav- And the key to this success is early di- pick one of these dates, fix it in your ing twice as much of a chance of developing agnosis and treatment, with routine mind along with a picture of your the disease as a woman at age 50 years; periodic mammography being the child, your wedding, or another symbol Whereas at least 80 percent of the women linchpin of the entire process. Routine of that date, and promise yourself to who get breast cancer have no family history mammography can locate a breast can- get a mammogram on that date every of the disease; cer as much as 2 years before it would year. Do it for yourself and for the oth- Whereas mammograms, when operated professionally at a certified facility, can pro- be detectable by self-examination. A ers that love you and want you to be a vide safe screening and early detection of study released just this year showed part of their lives for as long as pos- breast cancer in many women; that periodic screening mammography sible. Whereas experts agree that mammography reduces breast cancer mortality by a I urge my colleagues to join me in is the best method of early detection of whopping 63 percent. The statistics tell the ongoing fight against breast cancer breast cancer, and early detection is the key the story: the number of breast cancer by cosponsoring and voting for this res- to saving lives; deaths is declining despite an increase olution to designate October 19, 2001, as Whereas mammograms can reveal the pres- in the number of breast cancer cases National Mammography Day. ence of small cancers up to 2 years or more before a regular clinical breast examination diagnosed. More women are getting f mammograms, more breast cancer is or breast self-examination, reducing mor- AMENDMENTS SUBMITTED AND being diagnosed, and more of these tality by up to 63 percent; and PROPOSED Whereas the 5-year survival rate for local- breast cancers are discovered at an ized breast cancer is over 97 percent: Now, early and highly curable stage. SA 1726. Mrs. HUTCHISON submitted an therefore, be it So my message to women is: have a amendment intended to be proposed by her Resolved, That the Senate— periodic mammogram. Earl diagnosis to the bill S. 1438, to authorize appropria- tions for fiscal year 2002 for military activi- (1) designates October 19, 2001, as ‘‘Na- saves lives. But I know many women tional Mammography Day’’; and ties of the Department of Defense, for mili- (2) requests that the President issue a don’t have annual mammograms, usu- tary constructions, and for defense activities proclamation calling upon the people of the ally because of either fear or forgetful- of the Department of Energy, to prescribe United States to observe the day with appro- ness. Some women avoid mammograms personnel strengths for such fiscal year for priate programs and activities. because they are afraid of what they the Armed Forces, and for other purposes; Mr. BIDEN. Madam President, today will find. To these women, I would say which was ordered to lie on the table. that if you have periodic routine mam- SA 1727. Mr. SMITH, of New Hampshire I am submitting a resolution desig- submitted an amendment intended to be pro- nating October 19, 2001, as ‘‘National mograms, and the latest one comes out posed by him to the bill S. 1438, supra; which Mammography Day.’’ I am pleased that positive, even before you have any was ordered to lie on the table. 62 of my colleagues have endorsed this symptoms or have found a lump on SA 1728. Mrs. HUTCHISON (for herself and proposal by agreeing to be original co- self-examination, you have reason to Mrs. LINCOLN) submitted an amendment in- sponsors. I might note that I have sub- be optimistic, not pessimistic. Such tended to be proposed by her to the bill S. mitted a similar resolution each year early-detected breast cancers are high- 1438, supra; which was ordered to lie on the ly treatable. table. since 1993, and on each occasion the SA 1729. Mrs. HUTCHISON (for herself and Let me consider an analogous situa- Senate has shown its support for the Mrs. LINCOLN) submitted an amendment in- fight against breast cancer by approv- tion. We know that high blood pressure tended to be proposed by her to the bill S. ing the resolution. is a killer, and we are all advised to get 1438, supra; which was ordered to lie on the Each year, as I prepare to submit our blood pressure checked from time table. this resolution, I review the latest in- to time. Are we afraid to do this? No. SA 1730. Mr. FEINGOLD submitted an formation from the American Cancer Why not? Because we know that even if amendment intended to be proposed by him Society about breast cancer. For the high blood pressure is detected on a to the bill S. 1438, supra; which was ordered to lie on the table. year 2001, it is estimated that over screening examination, it can be read- SA 1731. Mr. LIEBERMAN submitted an 192,000 women will be diagnosed with ily and successfully treated. We also amendment intended to be proposed by him breast cancer and slightly fewer than know that high blood pressure is not to the bill S. 1438, supra; which was ordered 41,000 women will die of this disease. going to go away by itself, so if we to lie on the table. In past years, I have often com- have it, we should find out about it, get SA 1732. Mr. INHOFE submitted an amend- mented on how gloomy these statistics it treated, and move ahead with our ment intended to be proposed by him to the were. But as I review how these num- lives. bill S. 1438, supra; which was ordered to lie on the table. bers are changing over time, I have The argument for having periodic SA 1733. Mr. INHOFE submitted an amend- come to the realization that it is really routine mammograms to detect breast ment intended to be proposed by him to the more appropriate to be upbeat about cancer is similar. Most of the time, the bill S. 1438, supra; which was ordered to lie this situation. The number of deaths examination is reassuringly negative. on the table. from breast cancer is falling from year But if it is positive, and your previous SA 1734. Mr. INHOFE submitted an amend- to year. Early detection of breast can- routine mammograms were negative, it ment intended to be proposed by him to the cer continues to result in extremely fa- meant that this cancer has been de- bill S. 1438, supra; which was ordered to lie on the table. vorable outcomes: 97 percent of women tected early on, when it has a high SA 1735. Mr. INHOFE submitted an amend- with localized breast cancer will sur- chance of being cured. ment intended to be proposed by him to the vive 5 years or longer. New digital And then there is forgetfulness. I cer- bill S. 1438, supra; which was ordered to lie techniques make the process of mam- tainly understand how difficult it is to on the table.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18170 CONGRESSIONAL RECORD—SENATE October 1, 2001 SA 1736. Mr. INHOFE submitted an amend- SA 1756. Mr. KYL submitted an amend- bill S. 1438, supra; which was ordered to lie ment intended to be proposed by him to the ment intended to be proposed by him to the on the table. bill S. 1438, supra; which was ordered to lie bill S. 1438, supra; which was ordered to lie SA 1775. Mr. GRAMM submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 1737. Mr. INHOFE submitted an amend- SA 1757. Mrs. HUTCHISON submitted an bill S. 1438, supra; which was ordered to lie ment intended to be proposed by him to the amendment intended to be proposed by her on the table. bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered SA 1776. Mr. GRAMM submitted an amend- on the table. to lie on the table. ment intended to be proposed by him to the SA 1738. Mr. INHOFE submitted an amend- SA 1758. Mr. STEVENS (for himself and bill S. 1438, supra; which was ordered to lie ment intended to be proposed by him to the Mr. INOUYE) submitted an amendment in- on the table. bill S. 1438, supra; which was ordered to lie tended to be proposed by him to the bill S. SA 1777. Mr. GRAMM submitted an amend- on the table. 1438, supra; which was ordered to lie on the ment intended to be proposed by him to the SA 1739. Ms. COLLINS submitted an table. bill S. 1438, supra; which was ordered to lie amendment intended to be proposed by her SA 1759. Mr. STEVENS submitted an on the table. SA 1778. Mr. GRAMM submitted an amend- to the bill S. 1438, supra; which was ordered amendment intended to be proposed by him ment intended to be proposed by him to the to lie on the table. to the bill S. 1438, supra; which was ordered bill S. 1438, supra; which was ordered to lie SA 1740. Ms. COLLINS submitted an to lie on the table. on the table. amendment intended to be proposed by her SA 1760. Mr. REID (for himself, Mr. HUTCH- SA 1779. Mr. GRAMM submitted an amend- to the bill S. 1438, supra; which was ordered INSON, Mr. DASCHLE, Mr. BIDEN, Mr. BREAUX, ment intended to be proposed by him to the to lie on the table. Mr. HATCH, Mr. JOHNSON, Mr. EDWARDS, Mr. bill S. 1438, supra; which was ordered to lie SA 1741. Mr. WARNER submitted an SPECTER, Mr. INOUYE, Mr. ROCKEFELLER, Ms. on the table. amendment intended to be proposed by him CANTWELL, Mrs. HUTCHISON, Mr. DURBIN, Ms. SA 1780. Mr. COCHRAN submitted an to the bill S. 1438, supra; which was ordered COLLINS, and Mr. DODD) submitted an amend- amendment intended to be proposed by him to lie on the table. ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered SA 1742. Mrs. CARNAHAN submitted an bill S. 1438, supra; which was ordered to lie to lie on the table. amendment intended to be proposed by her on the table. SA 1781. Mr. McCAIN submitted an amend- to the bill S. 1438, supra; which was ordered SA 1761. Ms. LANDRIEU (for herself and ment intended to be proposed by him to the to lie on the table. Mr. DOMENICI) submitted an amendment in- bill S. 1438, supra; which was ordered to lie SA 1743. Mrs. CARNAHAN submitted an tended to be proposed by her to the bill S. on the table. amendment intended to be proposed by her 1438, supra; which was ordered to lie on the SA 1782. Mr. McCAIN submitted an amend- to the bill S. 1438, supra; which was ordered table. ment intended to be proposed by him to the to lie on the table. SA 1762. Mr. TORRICELLI (for himself, Mr. bill S. 1438, supra; which was ordered to lie SA 1744. Mrs. MURRAY submitted an CARPER, and Mr. CORZINE) submitted an on the table. amendment intended to be proposed by her amendment intended to be proposed by him SA 1783. Mr. McCAIN submitted an amend- to the bill S. 1438, supra; which was ordered to the bill S. 1438, supra; which was ordered ment intended to be proposed by him to the to lie on the table. to lie on the table. bill S. 1438, supra; which was ordered to lie SA 1745. Mr. KENNEDY (for himself, Ms. SA 1763. Mr. TORRICELLI (for himself, Mr. on the table. COLLINS, Mrs. CARNAHAN, Mrs. FEINSTEIN, CARPER, and Mr. CORZINE) submitted an SA 1784. Mr. KENNEDY (for himself, Mr. and Mr. BINGAMAN) submitted an amendment amendment intended to be proposed by him WARNER, Mrs. CLINTON, Mr. WELLSTONE, and intended to be proposed by him to the bill S. to the bill S. 1438, supra; which was ordered Mr. SCHUMER) submitted an amendment in- 1438, supra; which was ordered to lie on the to lie on the table. tended to be proposed by him to the bill S. table. SA 1764. Ms. LANDRIEU submitted an 1438, supra ; which was ordered to lie on the SA 1746. Mr. KENNEDY submitted an amendment intended to be proposed by her table. amendment intended to be proposed by him to the bill S. 1438, supra; which was ordered SA 1785. Mr. ENZI submitted an amend- to the bill S. 1438, supra; which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 1765. Ms. LANDRIEU submitted an bill S. 1438, supra; which was ordered to lie SA 1747. Mr. KENNEDY submitted an amendment intended to be proposed by her on the table. amendment intended to be proposed by him to the bill S. 1438, supra; which was ordered SA 1786. Mr. ENZI submitted an amend- to the bill S. 1438, supra; which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 1766. Mrs. BOXER submitted an amend- bill S. 1438, supra; which was ordered to lie SA 1748. Mr. KENNEDY submitted an ment intended to be proposed by her to the on the table. SA 1787. Mr. KYL submitted an amend- amendment intended to be proposed by him bill S. 1438, supra; which was ordered to lie ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered on the table. to lie on the table. SA 1767. Mrs. BOXER submitted an amend- bill S. 1438, supra; which was ordered to lie on the table. SA 1749. Mr. NELSON, of Florida sub- ment intended to be proposed by her to the SA 1788. Mr. KENNEDY submitted an mitted an amendment intended to be pro- bill S. 1438, supra; which was ordered to lie amendment intended to be proposed by him posed by him to the bill S. 1438, supra; which on the table. to the bill S. 1438, supra; which was ordered was ordered to lie on the table. SA 1768. Mr. CRAIG (for himself, Mr. LOTT, to lie on the table. SA 1750. Mr. DODD (for himself, Mr. HOL- Mr. ALLEN, Mr. NICKLES, Mr. SMITH, of New SA 1789. Mr. DODD submitted an amend- LINGS, Mr. CORZINE, Mr. BIDEN, Mr. BINGA- Hampshire, and Mr. CRAPO) submitted an ment intended to be proposed by him to the MAN, Mr. SARBANES, Ms. SNOWE, Mr. SPEC- amendment intended to be proposed by him bill S. 1438, supra; which was ordered to lie TER, Ms. COLLINS, Mr. WARNER, and Mr. to the bill S. 1438, supra; which was ordered on the table. MCCAIN) submitted an amendment intended to lie on the table. SA 1790. Mr. REID submitted an amend- to be proposed by him to the bill S. 1438, SA 1769. Mr. DODD submitted an amend- ment intended to be proposed by him to the supra. ment intended to be proposed by him to the bill S. 1438, supra; which was ordered to lie SA 1751. Mr. LOTT submitted an amend- bill S. 1438, supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 1791. Mr. BINGAMAN submitted an bill S. 1438, supra; which was ordered to lie SA 1770. Mr. HARKIN submitted an amend- amendment intended to be proposed by him on the table. ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered SA 1752. Mr. CONRAD (for himself and Mr. bill S. 1438, supra; which was ordered to lie to lie on the table. DORGAN) submitted an amendment intended on the table. SA 1792. Mr. SMITH, of New Hampshire to be proposed by him to the bill S. 1438, SA 1771. Mr. BINGAMAN submitted an submitted an amendment intended to be pro- supra; which was ordered to lie on the table. amendment intended to be proposed by him posed by him to the bill S. 1401, to authorize SA 1753. Mr. BOND submitted an amend- to the bill S. 1438, supra; which was ordered appropriations for the Department of State ment intended to be proposed by him to the to lie on the table. and for United States international broad- bill S. 1438, supra; which was ordered to lie SA 1772. Mr. KENNEDY submitted an casting activities for fiscal years 2002 and on the table. amendment intended to be proposed by him 2003, and for other purposes; which was or- SA 1754. Mr. ALLARD submitted an to the bill S. 1438, supra; which was ordered dered to lie on the table. amendment intended to be proposed by him to lie on the table. SA 1793. Mr. LEVIN (for himself and Mr. to the bill S. 1438, supra; which was ordered SA 1773. Mr. KENNEDY submitted an WARNER) proposed an amendment to the bill to lie on the table. amendment intended to be proposed by him S. 1438, to authorize appropriations for fiscal SA 1755. Mr. ALLARD submitted an to the bill S. 1438, supra; which was ordered year 2002 for military activities of the De- amendment intended to be proposed by him to lie on the table. partment of Defense, for military construc- to the bill S. 1438, supra; which was ordered SA 1774. Mr. GRAMM submitted an amend- tions, and for defense activities of the De- to lie on the table. ment intended to be proposed by him to the partment of Energy, to prescribe personnel

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18171 strengths for such fiscal year for the Armed by her to the bill S. 1438, to authorize and inserting the following: ‘‘shall be the Forces, and for other purposes. appropriations for fiscal year 2002 for amount equal to 55 percent of the base SA 1794. Mr. WARNER (for himself and Mr. military activities of the Department amount.’’; and LEVIN) proposed an amendment to the bill S. of Defense, for military constructions, (2) in paragraph (2), by striking ‘‘shall be 1438, supra. determined as follows:’’ and all that follows SA 1795. Mr. LEVIN (for Mr. FEINGOLD) pro- and for defense activities of the De- and inserting the following: ‘‘shall be the posed an amendment to the bill S. 1438, partment of Energy, to prescribe per- amount equal to a percentage of the base supra. sonnel strengths for such fiscal year amount that is less than 55 percent and is de- SA 1796. Mr. WARNER (for himself and Mr. for the Armed Forces, and for other termined under subsection (f).’’. LEVIN) proposed an amendment to the bill S. purposes; which was ordered to lie on (b) ANNUITIES FOR SURVIVORS OF CERTAIN 1438, supra. the table; as follows: PERSONS DYING DURING A PERIOD OF SPECIAL SA 1797. Mr. LEVIN (for Mrs. CARNAHAN) At the end of subtitle G of title V, add the ELIGIBILITY FOR SBP.—Subsection (c)(1) of proposed an amendment to the bill S. 1438, following: such section is amended by striking ‘‘shall supra. SEC. 589. REPORT ON HEALTH AND DISABILITY be determined as follows:’’ and all that fol- SA 1798. Mr. WARNER (for Mr. STEVENS) BENEFITS FOR PRE-ACCESSION lows and inserting the following: ‘‘shall be proposed an amendment to the bill S. 1438, TRAINING AND EDUCATION PRO- the amount equal to 55 percent of the retired supra. GRAMS. pay to which the member or former member SA 1799. Mr. LEVIN (for Mr. DORGAN) pro- (a) STUDY.—The Secretary of Defense shall would have been entitled if the member or posed an amendment to the bill S. 1438, conduct a review of the health and disability former member had been entitled to that pay supra. benefit programs available to recruits and based upon his years of active service when SA 1800. Mr. WARNER (for Mr. LOTT) pro- officer candidates engaged in training, edu- he died.’’. posed an amendment to the bill S. 1438, cation, or other types of programs while not (c) REPEAL OF REQUIREMENT FOR REDUC- supra. yet on active duty and to cadets and mid- TION.—Such section is further amended by SA 1801. Mr. LEVIN (for Mr. BINGAMAN) shipmen attending the service academies. striking subsection (d). proposed an amendment to the bill S. 1438, The review shall be conducted with the par- (d) REPEAL OF UNNECESSARY SUPPLE- supra. ticipation of the Secretaries of the military MENTAL SBP.—(1) Subchapter III of chapter SA 1802. Mr. WARNER (for Mr. LOTT) pro- departments. 73 of title 10, United States Code, is repealed. posed an amendment to the bill S. 1438, (b) REPORT.—Not later than March 1, 2002, (2) The table of contents at the beginning supra. the Secretary shall submit to the Committee of such chapter is amended by striking the SA 1803. Mr. LEVIN (for Mr. BINGAMAN) on Armed Services of the Senate and the item relating to subchapter III. proposed an amendment to the bill S. 1438, Committee on Armed Services of the House (e) EFFECTIVE DATE.—This section and the supra. of Representatives a report on the findings of amendments made by this section shall take SA 1804. Mr. WARNER proposed an amend- the review. The report shall include the fol- effect on the first day of the first month that ment to the bill S. 1438, supra. lowing with respect to persons described in begins after the date of the enactment of SA 1805. Mr. LEVIN (for Mr. DURBIN) pro- subsection (a): this Act, and shall apply with respect to posed an amendment to the bill S. 1438, (1) A statement of the process and detailed months beginning on or after that date. supra. procedures followed by each of the Armed SA 1806. Mr. WARNER (for Mr. BOND (for Forces under the jurisdiction of the Sec- SA 1728. Mrs. HUTCHISON (for her- himself and Mr. BYRD)) proposed an amend- retary of a military department to provide self and Mrs. LINCOLN) submitted an ment to the bill S. 1438, supra. health care and disability benefits to all SA 1807. Mr. LEVIN (for Mr. ROCKEFELLER) amendment intended to be proposed by such persons injured in training, education, proposed an amendment to the bill S. 1438, her to the bill S. 1438, to authorize ap- or other types of programs conducted by the supra. propriations for fiscal year 2002 for Secretary of a military department. SA 1808. Mr. WARNER (for Mr. MCCAIN) military activities of the Department (2) Information on the number of total proposed an amendment to the bill S. 1438, cases of such persons requiring health care of Defense, for military constructions, supra. and disability benefits and the total number and for defense activities of the De- SA 1809. Mr. LEVIN (for Mr. BINGAMAN (for of cases and average value of health care and partment of Energy, to prescribe per- himself and Mr. DOMENICI)) proposed an amendment to the bill S. 1438, supra. disability benefits provided under the au- sonnel strengths for such fiscal year thority for each source of benefits available SA 1810. Mr. WARNER (for Mr. LOTT) pro- for the Armed Forces, and for other posed an amendment to the bill S. 1438, to those persons. purposes; which was ordered to lie on supra. (3) A discussion of the issues regarding the table; as follows: health and disability benefits for such per- SA 1811. Mr. LEVIN (for Mr. CLELAND (for At the end of subtitle A of title III, add the himself and Mr. MILLER)) proposed an sons that are encountered by the Secretary during the review, to include discussions following: amendment to the bill S. 1438, supra. SEC. 306. CLARA BARTON CENTER FOR DOMES- SA 1812. Mr. WARNER proposed an amend- with individuals who have received those benefits. TIC PREPAREDNESS, ARKANSAS. ment to the bill S. 1438, supra. (a) AVAILABILITY OF FUNDS.—Of the SA 1813. Mr. LEVIN (for Mr. CONRAD (for (4) A discussion of the necessity for legisla- tive changes and specific legislative pro- amount authorized to be appropriated by himself, Mr. DORGAN, Mr. ENZI, Mr. BAUCUS, section 301(5) for operation and maintenance Mr. BURNS, and Mr. THOMAS)) proposed an posals needed to improve the benefits pro- vided those persons. for Defense-wide activities, $1,799,999 shall be amendment to the bill S. 1438, supra. available for the Clara Barton Center for Do- SA 1814. Mr. WARNER (for Mrs. mestic Preparedness. HUTCHISON) proposed an amendment to the SA 1727. Mr. SMITH of New Hamp- shire submitted an amendment in- bill S. 1438, supra. SA 1729. Mr. HUTCHINSON (for him- SA 1815. Mr. LEVIN (for Mr. JOHNSON) pro- tended to be proposed by him to the self and Mrs. LINCOLN) submitted an posed an amendment to the bill S. 1438, bill S. 1438, to authorize appropriations amendment intended to be proposed by supra. for fiscal year 2002 for military activi- her to the bill S. 1438, to authorize ap- SA 1816. Mr. WARNER proposed an amend- ties of the Department of Defense, for ment to the bill S. 1438, supra. propriations for fiscal year 2002 for military constructions, and for defense SA 1817. Mr. LEVIN (for Mr. KENNEDY) pro- military activities of the Department activities of the Department of Energy, posed an amendment to the bill S. 1438, of Defense, for military constructions, to prescribe personnel strengths for supra. and for defense activities of the De- SA 1818. Mr. WARNER proposed an amend- such fiscal year for the Armed Forces, partment of Energy, to prescribe per- ment to the bill S. 1438, supra. and for other purposes; which was or- sonnel strengths for such fiscal year SA 1819. Mr. LEVIN (for Mr. KENNEDY) pro- dered to lie on the table; as follows: posed an amendment to the bill S. 1438, for the Armed Forces, and for other On page 209, between lines 12 and 13, insert supra. the following: purposes; which was ordered to lie on SA 1820. Mr. WARNER (for Ms. COLLINS) the table; as follows: proposed an amendment to the bill S. 1438, SEC. 652. REPEAL OF REDUCTION IN SBP ANNU- ITIES AT AGE 62. In lieu of the matter proposed insert the supra. (a) COMPUTATION OF ANNUITY FOR A SPOUSE, following: f FORMER SPOUSE, OR CHILD.—Subsection (a) of SEC. 306. CLARA BARTON CENTER FOR DOMES- TEXT OF AMENDMENTS section 1451 of title 10, United States Code, is TIC PREPAREDNESS, ARKANSAS. amended— (a) AVAILABILITY OF FUNDS.—Of the SA 1726. Mrs. HUTCHISON submitted (1) in paragraph (1), by striking ‘‘shall be amount authorized to be appropriated by an amendment intended to be proposed determined as follows:’’ and all that follows section 301(5) for operation and maintenance

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18172 CONGRESSIONAL RECORD—SENATE October 1, 2001 for Defense-wide activities, $1,800,000 shall be SEC. 1217. INCREASED MILITARY-TO-MILITARY energy production and energy conservation available for the Clara Barton center for Do- CONTACTS. measures, not later than December 31, 2001. mestic Preparedness. (a) FINDINGS.—Congress makes the fol- lowing findings: SA 1733. Mr. INHOFE submitted an SA 1730. Mr. FEINGOLD submitted (1) American foreign policy and the na- amendment intended to be proposed by an amendment intended to be proposed tional military strategy of the United States him to the bill S. 1438, to authorize ap- by him to the bill S. 1438, to authorize require that members of the Armed Forces propriation for fiscal year 2002 for mili- appropriations for fiscal year 2002 for have extensive knowledge and expertise re- tary activities of the Department of garding a variety of areas of the world. military activities of the Department (2) Military operations are increasingly un- Defense, for military constructions, of Defense, for military constructions, dertaken as operations of international coa- and for defense activities of the De- and for defense activities of the De- litions. partment of Energy, to prescribe per- partment of Energy, to prescribe per- (3) As an element of United States defense sonnel strengths for such fiscal year sonnel strengths for such fiscal year policy, and fundamental to the United for the Armed Forces, and for other for the Armed Forces, and for other States’ ability to protect the national secu- purposes; which was ordered to lie on purposes; which was ordered to lie on rity, engagement between members of the the table; as follows: the table; as follows: United States Armed Forces and members of On page 363, after line 25, insert the fol- the armed forces of other nations is critical. lowing: At the appropriate place in the bill insert (4) To sustain such engagement, it is like- the following sections: SEC. 1066. SENSE OF THE SENATE REGARDING wise critical that the United States cultivate THE INSPIRATIONAL HEROISM OF SECTION. LAND CONVEYANCE, ARMY RESERVE and sustain in members of the Armed Forces AIRLINE PASSENGERS ON SEP- CENTER, KEWAUNEE, WISCONSIN. the foreign geographic, cultural, social, and TEMBER 11, 2001. (a) CONVEYANCE REQUIRED.—The Adminis- language skills that help to ensure the inter- It is the sense of the Senate that the heroic trator of General Services may convey, with- operability of the United States Armed actions of the passengers aboard United Air- out consideration, to the City of Kewaunee, Forces with the armed forces of American al- lines Flight 93 on September 11, 2001, should Wisconsin (in this section referred to as the lies as well as to ensure more effective coali- serve as an inspiration for all Americans. ‘City’), all right, title, and interest of the tion operations. United States in and to a parcel of Federal (5) Through interactions with foreign mili- SA 1734. Mr. INHOFE submitted an real property, including improvements tary personnel, United States military per- amendment intended to be proposed by thereon, that is located at 401 5th Street in sonnel become familiar with the policies and him to the bill S. 1438, to authorize ap- Kewaunee, Wisconsin, and contains an excess capabilities of their counterparts and, like- propriations for fiscal year 2002 for Army Reserve Center. After such convey- wise, enhance the familiarity of their coun- ance, the property may be used and occupied military activities of the Department terparts with United States capabilities, of Defense, for military constructions, only by the City, or by another local or policies, and principles so that the United State government entity approved by the States Armed Forces are better able to oper- and for defense activities of the De- City. ate with coalition and other partner nations. partment of Energy, to prescribe per- (b) DESCRIPTION OF PROPERTY.—The exact (b) SENSE OF CONGRESS.—It is the sense of sonnel strengths for such fiscal year acreage and legal description of the real Congress that— for the Armed Forces, and for other property to be conveyed under subsection (a) (1) to enhance international security part- purposes; which was ordered to lie on shall be determined by a survey satisfactory nerships and the attainment of the security the table; as follows: to the Administrator. The cost of the survey goals shared by the United States and its al- Strike section 903 and insert the following: shall be borne by the City. lies, the Secretary of Defense should in- SEC. 903. SENSE OF SENATE ON COMPREHENSIVE (c) REVERSIONARY INTEREST.—During the crease the military-to-military contacts un- 20-year period beginning on the date the Ad- NATIONAL ENERGY SECURITY. dertaken by the Armed Forces, including It is the sense of the Senate that the Sen- ministrator makes the conveyance under contacts through the foreign area officer subsection (a), if the Administrator deter- ate should take action on comprehensive na- program, language education programs, sen- tional energy security legislation not later mines that the conveyed property is not ior officer visits, counterpart visits, ship than December 31, 2001. being used and occupied in accordance with port visits, bilateral and multilateral con- such subsection, all right, title, and interest sultations between and among military SA 1735. Mr. INHOFE submitted an in and to the property, including any im- staffs, joint military exercises with foreign amendment intended to be proposed by provements thereon, shall revert to the armed forces, personnel exchange programs, United States. Upon reversion, the United him to the bill S. 1438, to authorize ap- professional military education exchange propriations for fiscal year 2002 for States shall immediately proceed to a public programs, unit exchange programs, formal sale of the property. military contacts programs, and Partnership military activities of the Department (d) ADDITIONAL TERMS AND CONDITIONS.— for Peace program activities; and of Defense, for military constructions, The property shall not be used for commer- (2) Congress urges the Secretary to do so. and for defense activities of the De- cial purposes. (c) REPORT.—Not later than March 1, 2002, partment of Energy, to prescribe per- (2) The Administrator may require such the Secretary of Defense shall submit to sonnel strengths for such fiscal year additional terms and conditions in connec- Congress a report containing a discussion of for the Armed Forces, and for other tion with the conveyance under subsection the actions taken to improve and expand the (a) as the Administrator considers appro- purposes; which was ordered to lie on military-to-military contacts programs of the table; as follows: priate to protect the interests of the United the Armed Forces. States. On page 47, between lines 12 and 13, insert SECTION. TREATMENT OF AMOUNTS RECEIVED. SA 1732. Mr. INHOFE submitted an the following: Any net proceeds received by the United amendment intended to be proposed by (e) SENSE OF SENATE ON AVAILABILITY OF States as payment under subsection (c) of ENERGY-RELATED SUPPLIES FOR THE ARMED him to the bill S. 1438, to authorize ap- FORCES.—It is the sense of the Senate that the previous section shall be deposited into propriations for fiscal year 2002 for the Land and Water Conservation Fund. the Senate should, before the adjournment of military activities of the Department the first session of the 107th Congress, take SA 1731. Mr. LIEBERMAN submitted of Defense, for military constructions, action on comprehensive national energy se- an amendment intended to be proposed and for defense activities of the De- curity legislation, including energy produc- by him to the bill S. 1438, to authorize partment of Energy, to prescribe per- tion and energy conservation measures, to sonnel strengths for such fiscal year ensure that there is an adequate supply of appropriations for fiscal year 2002 for energy for the Armed Forces. military activities of the Department for the Armed Forces, and for other of Defense, for military constructions, purposes; which was ordered to lie on SA 1736. Mr. INHOFE submitted an and for defense activities of the De- the table; as follows: amendment intended to be proposed by partment of Energy, to prescribe per- Beginning on page 46, strike line 21 and all him to the bill S. 1438, to authorize ap- sonnel strengths for such fiscal year that follows through page 47, line 2, and in- propriations for fiscal year 2002 for for the Armed Forces, and for other sert the following: military activities of the Department (c) SENSE OF SENATE ON COMPREHENSIVE purposes; which was ordered to lie on NATIONAL ENERGY SECURITY.—It is the sense of Defense, for military constructions, the table; as follows: of the Senate that the Senate should take and for defense activities of the De- On page 396, between lines 13 and 14, insert action on comprehensive legislation to re- partment of Energy, to prescribe per- the following: vise the Energy Policy Act of 1992, to include sonnel strengths for such fiscal year

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18173 for the Armed Forces, and for other SA 1738. Mr. INHOFE submitted an SEC. 1124. AMENDMENTS TO THE DEFENSE DE- PARTMENT OVERSEAS TEACHERS purposes; which was ordered to lie on amendment intended to be proposed by PAY AND PERSONNEL PRACTICES the table; as follows: him to the bill S. 1438, to authorize ap- ACT. On page 300, after line 23, insert the fol- propriations for fiscal year 2002 for The Defense Department Overseas Teach- lowing: military activities of the Department ers Pay and Personnel Practices Act (20 SEC. 908. UNDER SECRETARY OF DEFENSE FOR of Defense, for military constructions, U.S.C. 901 et seq.) is amended— HOMELAND DEFENSE. and for defense activities of the De- (1) in section 4— (a) ESTABLISHMENT OF POSITION.—Chapter 4 (A) by striking paragraph (2) of subsection of title 10, United States Code, is amended— partment of Energy, to prescribe per- (a) and inserting the following: (1) by redesignating section 137 as section sonnel strengths for such fiscal year ‘‘(2) the fixing of basic compensation for 139a and by transferring such section (as so for the Armed Forces, and for other teachers and teaching positions at rates redesignated) within such chapter so as to purposes; which was ordered to lie on equal to the average of the range of rates of appear after section 139; and the table; as follows: basic compensation for similar positions of a (2) by inserting after section 136 the fol- comparable level of duties and responsibil- Beginning on page 42, strike line 21 and all lowing new section 137: ities in the Washington, D.C. metropolitan that follows through page 47, line 2, and in- area, which is defined as the— ‘‘§ 137. Under Secretary of Defense for Home- sert the following: land Defense ‘‘(A) District of Columbia public schools; (c) SENSE OF SENATE ON COMPREHENSIVE ‘‘(a) There is an Under Secretary of De- ‘‘(B) Arlington County, Virginia public NATIONAL ENERGY SECURITY.—It is the sense schools; fense for Homeland Defense. of the Senate that the Senate should take ‘‘(b) Subject to the authority, direction, ‘‘(C) Alexandria City, Virginia public action on comprehensive legislation to re- and control of the Secretary of Defense, the schools; vise the Energy Policy Act of 1992 not later Under Secretary of Defense for Homeland ‘‘(D) Fairfax County, Virginia public than December 31, 2001. Defense shall perform such duties and exer- schools; cise such powers relating to homeland de- ‘‘(E) Montgomery County, Maryland public fense as the Secretary of Defense may pre- SA 1739. Ms. COLLINS submitted an schools; and scribe. The duties and powers prescribed for amendment intended to be proposed by ‘‘(F) Prince George’s County, Maryland the Under Secretary shall include the overall her to the bill S. 1438, to authorize ap- public schools;’’; and supervision of (including oversight of policy propriations for fiscal year 2002 for (B) by adding at the end the following: ‘‘(c) ACADEMIC PAY LANES.—In the adminis- and resources) of defense of the territory of military activities of the Department the United States. tration of basic compensation for teachers ‘‘(c) The Under Secretary is the principal of Defense, for military constructions, and teaching positions, there shall be a min- civilian adviser to the Secretary of Defense and for defense activities of the De- imum of 7 academic pay lanes. on matters relating to the defense of the ter- partment of Energy, to prescribe per- ‘‘(d) PHASE-IN OF INCREASE IN TEACHER ritory of the United States.’’. sonnel strengths for such fiscal year COMPENSATION.—The increase in the basic (c) EXECUTIVE LEVEL III.—Section 5314 of for the Armed Forces, and for other compensation for teachers and teaching posi- tions provided in the amendments made by title 5, United States Code, is amended by in- purposes; which was ordered to lie on serting after ‘‘Under Secretary of Defense for section 1124 of the National Defense Author- Personnel and Readiness’’ the following: the table; as follows: ization Act for Fiscal Year 2002 for this sec- ‘‘Under Secretary of Defense for Homeland On page 363, after line 25, add the fol- tion shall be phased in over a period of 4 Defense.’’ lowing: years, with teachers and teaching positions (d) CONFORMING AMENDMENTS.—Section receiving a cumulative increase of 25 percent SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS 131(b) of title 10, United States Code, is of the total increase each year.’’; and DURING PERIODS OF NATIONAL (2) in section 5, by striking subsection (c) amended— EMERGENCY. (1) by redesignating paragraphs (6) through and inserting the following: Section 127 of title 23, United States Code, (11) as paragraphs (7) through (12), respec- ‘‘(c) RATES OF BASIC COMPENSATION.— is amended by adding at the end the fol- tively; and ‘‘(1) IN GENERAL.—The Secretary of Defense lowing: (2) by inserting after paragraph (5) the fol- shall fix the basic compensation for teachers lowing new paragraph (6): ‘‘(h) WAIVER FOR A ROUTE IN STATE OF and teaching positions in the Department of ‘‘(6) Under Secretary of Defense for Home- MAINE DURING PERIODS OF NATIONAL EMER- Defense at rates equal to the average of the land Defense.’’. GENCY.— range of rates of basic compensation for (d) CLERICAL AMENDMENTS.—The table of ‘‘(1) IN GENERAL.—Notwithstanding any similar positions of a comparable level of du- sections at the beginning of chapter 4 of title other provision of this section, the Sec- ties and responsibilities in the Washington, 10, United States Code, is amended— retary, in consultation with the Secretary of D.C. metropolitan area, which is defined as (1) by striking the item relating to section Defense, may waive or limit the application the— 137 and inserting the following new item: of any vehicle weight limit established under ‘‘(A) District of Columbia public schools; ‘‘137. Under Secretary of Defense for Home- this section with respect to the portion of ‘‘(B) Arlington County, Virginia public land Defense.’’; and Interstate Route 95 in the State of Maine be- schools; (2) by inserting after the item relating to tween Augusta and Bangor for the purpose of ‘‘(C) Alexandria City, Virginia public section 139 the following new item: making bulk shipments of jet fuel to the Air schools; National Guard Base at Bangor Inter- ‘‘(D) Fairfax County, Virginia public ‘‘139a. Director of Defense Research and national Airport during a period of national schools; Engineering.’’. emergency in order to respond to the effects ‘‘(E) Montgomery County, Maryland public of the national emergency. schools; and SA 1737. Mr. INHOFE submitted an ‘‘(2) APPLICABILITY.—Emergency limits es- ‘‘(F) Prince George’s County, Maryland amendment intended to be proposed by tablished under paragraph (1) shall preempt public schools. him to the bill S. 1438, to authorize ap- any inconsistent State vehicle weight lim- ‘‘(2) ACADEMIC PAY LANES.—In the adminis- propriations for fiscal year 2002 for its.’’. tration of basic compensation for teachers military activities of the Department and teaching positions, there shall be a min- of Defense, for military constructions, SA 1740. Ms. COLLINS submitted an imum of 7 academic pay lanes. and for defense activities of the De- amendment intended to be proposed by ‘‘(3) PHASE-IN OF INCREASE IN TEACHER COM- PENSATION.—The increase in the basic com- partment of Energy, to prescribe per- her to the bill S. 1438, to authorize ap- pensation for teachers and teaching posi- sonnel strengths for such fiscal year propriations for fiscal year 2002 for tions provided in the amendments made by for the Armed Forces, and for other military activities of the Department section 1124 of the National Defense Author- purposes; which was ordered to lie on of Defense, for military constructions, ization Act for Fiscal Year 2002 for this sec- the table; as follows: and for defense activities of the De- tion shall be phased in over a period of 4 Strike section 903 and insert the following: partment of Energy, to prescribe per- years, with teachers and teaching positions SEC. 903. SENSE OF SENATE ON COMPREHENSIVE sonnel strengths for such fiscal year receiving a cumulative increase of 25 percent NATIONAL ENERGY SECURITY. for the Armed Forces, and for other of the total increase each year.’’. It is the sense of the Senate that the Sen- purposes; which was ordered to lie on ate should take action on comprehensive na- SA 1741. Mr. WARNER submitted an tional energy security legislation, including the table; as follows: amendment intended to be proposed by energy production and energy conservation At the end of subtitle C of title XI, add the him to the bill S. 1438, to authorize ap- measures, not later than December 31, 2001. following: propriations for fiscal year 2002 for

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18174 CONGRESSIONAL RECORD—SENATE October 1, 2001 military activities of the Department (2) The table of sections at the beginning of (1) in subsection (c)(1), by striking ‘‘during of Defense, for military constructions, chapter 55 of such title is amended by strik- the period beginning on October 1, 1990, and and for defense activities of the De- ing the item relating to section 1074b. ending on December 31, 2001’’; and (d) TRANSITION PROVISION.—Notwith- partment of Energy, to prescribe per- (2) in subsection (e), by striking the first standing the repeal of section 1074b of title sentence. sonnel strengths for such fiscal year 10, United States Code, by subsection (c), the (d) REPEAL OF SUPERSEDED AUTHORITY.—(1) for the Armed Forces, and for other provisions of that section, as in effect before Section 1074b of title 10, United States Code, purposes; which was ordered to lie on the date of the enactment of this Act, shall is repealed. the table; as follows: continue to apply to a member of the Armed (2) The table of sections at the beginning of Forces who is released from active duty in chapter 55 of such title is amended by strik- On page 396, between lines 13 and 14, insert support of a contingency operation before the following: ing the item relating to section 1074b. that date. (e) TRANSITION PROVISION.—Notwith- SEC. 1217. RELEASE OF RESTRICTION ON USE OF standing the repeal of section 1074b of title CERTAIN VESSELS PREVIOUSLY AU- SA 1743. Mrs. CARNAHAN submitted 10, United States Code, by subsection (d), the THORIZED TO BE SOLD. an amendment intended to be proposed Section 3603(a) of the Strom Thurmond Na- provisions of that section, as in effect before by her to the bill S. 1438, to authorize the date of the enactment of this Act, shall tional Defense Authorization Act for Fiscal appropriations for fiscal year 2002 for Year 1999 (Public Law 105–261; 112 Stat. 2273) continue to apply to a member of the Armed is amended by striking ‘‘for full use as an military activities of the Department Forces who is released from active duty in oiler’’. of Defense, for military constructions, support of a contingency operation before and for defense activities of the De- that date. partment of Energy, to prescribe per- SA 1742. Mrs. CARNAHAN submitted SA 1744. Mrs. MURRAY submitted an an amendment intended to be proposed sonnel strengths for such fiscal year for the Armed Forces, and for other amendment intended to be proposed by by her to the bill S. 1438, to authorize her to the bill S. 1438, to authorize ap- appropriations for fiscal year 2002 for purposes; which was ordered to lie on the table; as follows: propriations for fiscal year 2002 for military activities of the Department military activities of the Department of Defense, for military constructions, On page 235, between lines 15 and 16, insert the following: of Defense, for military constructions, and for defense activities of the De- and for defense activities of the De- partment of Energy, to prescribe per- SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- BERS SEPARATED FROM ACTIVE partment of Energy, to prescribe per- sonnel strengths for such fiscal year DUTY. sonnel strengths for such fiscal year for the Armed Forces, and for other (a) PERMANENT AUTHORITY FOR INVOLUN- for the Armed Forces, and for other TARILY SEPARATED MEMBERS AND MOBILIZED purposes; which was ordered to lie on purposes; which was ordered to lie on the table; as follows: RESERVES.—Subsection (a) of section 1145 of title 10, United States Code, is amended— the table; as follows: On page 235, between lines 15 and 16, insert (1) in paragraph (1), by striking ‘‘paragraph At the end of subtitle B of title VII, add the following: (2), a member’’ and all that follows through the following: SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- ‘‘of the member),’’ and inserting ‘‘paragraph SEC. 718. RESTORATION OF PREVIOUS POLICY ON BERS SEPARATED FROM ACTIVE (3), a member of the armed forces who is sep- RESTRICTIONS ON USE OF DEPART- DUTY. arated from active duty as described in para- MENT OF DEFENSE MEDICAL FACILI- (a) PERMANENT AUTHORITY FOR INVOLUN- graph (2)’’; TIES. TARILY SEPARATED MEMBERS AND MOBILIZED (2) by redesignating paragraph (2) as para- (1) in subsection (a), by striking ‘‘RESTRIC- RESERVES.—Subsection (a) of section 1145 of graph (4); TION ON USE OF FUNDS.—’’; and title 10, United States Code, is amended— (3) by inserting after paragraph (1) the fol- (2) by striking subsection (b). (1) in paragraph (1), by striking ‘‘paragraph lowing paragraphs: (2), a member’’ and all that follows through ‘‘(2) This subsection applies to the fol- SA 1745. Mr. KENNEDY (for himself, ‘‘of the member),’’ and inserting ‘‘paragraph lowing members of the armed forces: Ms. COLLINS, Mrs. CARNAHAN, Mrs. (3), a member of the armed forces who is sep- ‘‘(A) A member who is involuntarily sepa- FEINSTEIN, and Mr. BINGAMAN) sub- arated from active duty as described in para- rated from active duty. mitted an amendment intended to be graph (2)’’; ‘‘(B) A member of a reserve component who (2) by redesignating paragraph (2) as para- proposed by him to the bill S. 1438, to is separated from active duty to which called authorize appropriations for fiscal year graph (3); or ordered in support of a contingency oper- (3) by inserting after paragraph (1) the fol- ation if— 2002 for military activities of the De- lowing new paragraph (2): ‘‘(i) the active duty is active duty for a pe- partment of Defense, for military con- ‘‘(2) This subsection applies to the fol- riod of more than 30 days; and structions, and for defense activities of lowing members of the armed forces: ‘‘(ii) the member is qualified under para- the Department of Energy, to prescribe ‘‘(A) A member who is involuntarily sepa- graph (3). personnel strengths for such fiscal year rated from active duty. ‘‘(C) A member who is separated from ac- for the Armed Forces, and for other ‘‘(B) A member of a reserve component who tive duty for which the member is involun- is separated from active duty to which called purposes; which was ordered to lie on tarily retained under section 12305 of this the table; as follows: or ordered in support of a contingency oper- title in support of a contingency operation. ation if the active duty is active duty for a ‘‘(D) A member who is separated from ac- At the end of subtitle A of title XXIX, add period of more than 30 days. tive duty served pursuant to a voluntary the following: ‘‘(C) A member who is separated from ac- agreement of the member to remain on ac- SEC. 2905. ENHANCEMENT OF ENVIRONMENTAL tive duty for which the member is involun- tive duty for a period of less than one year in REMEDIATION. tarily retained under section 12305 of this support of a contingency operation. Section 2905(b) of the Defense Base Closure title in support of a contingency operation. ‘‘(3) To qualify under paragraph (2)(B), a and Realignment Act of 1990 (part A of title ‘‘(D) A member who is separated from ac- member— XXIX of Public Law 101–510; 10 U.S.C. 2687 tive duty served pursuant to a voluntary ‘‘(i) shall be unemployed; or note) is amended by adding at the end the agreement of the member to remain on ac- ‘‘(ii) shall be employed and shall apply for following new paragraph: tive duty for a period of less than one year in coverage by a health plan sponsored by the ‘‘(9)(A) In the case of an installation whose support of a contingency operation.’’; and employer as soon as the member is eligible date of approval of closure or realignment (4) in paragraph (3), as redesignated by to apply for the coverage.’’; and under this part is after December 31, 2001, the paragraph (2), is amended by striking ‘‘invol- (4) in paragraph (4), as redesignated by Secretary of Defense shall commence and untary’’ each place it appears. paragraph (2), is amended by striking ‘‘invol- undertake continuous remedial action of the (b) CONFORMING AMENDMENTS.—Such sec- untary’’ each place it appears. hazardous substances on all portions of the tion 1145 is further amended— (b) PERIOD OF COVERAGE.—Paragraph (4) of installation requiring remedial action to be (1) in subsection (c)(1), by striking ‘‘during such subsection, as redesignated by sub- transferred to a non-Federal person or entity the period beginning on October 1, 1990, and section (a)(2), is amended— under this part as expeditiously as prac- ending on December 31, 2001’’; and (1) in subparagraph (A), by striking ‘‘60 ticable, but not later than three years after (2) in subsection (e), by striking the first days’’ and inserting ‘‘90 days’’; and the date on which the Secretary receives no- sentence. (2) in subparagraph (B), by striking ‘‘120 tice under subparagraph (H)(iv), (J)(ii), or (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) days’’ and inserting ‘‘180 days’’. (L)(iii) of paragraph (7) with respect to the Section 1074b of title 10, United States Code, (c) CONFORMING AMENDMENTS.—Such sec- use of property at the installation for the is repealed. tion 1145 is further amended— homeless.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18175 ‘‘(B) If after the transfer of property pursu- (2) by adding at the end the following new to reside in a community based care setting ant to this part additional hazardous sub- subsection: instead of an institution. stances are discovered by any person on such ‘‘(e) The prohibition in subsection (b)(1) ‘‘(c) DURATION OF POST-HOSPITAL EXTENDED property that are attributable to actions be- does not apply to domiciliary care or custo- CARE SERVICES.—The post-hospital extended fore the transfer of such property pursuant dial care that is provided to a patient by a care services provided in a skilled nursing fa- to this part, the Secretary shall commence physician, nurse, paramedic, or other health cility to a patient during a spell of illness and undertake continuous remedial action of care provider incident to other health care under subsection (b)(3) shall continue for as the hazardous substances as expeditiously as authorized under subsection (a), whether or long as is medically necessary and appro- practicable, but not later than three years not— priate. The limitation on the number of days after the date on which the Secretary re- ‘‘(1) the potential for the patient’s condi- of coverage under subsections (a)(2) and ceives notice of such hazardous substances. tion of illness, injury, or bodily malfunction (b)(2)(A) of section 1812 of the Social Secu- ‘‘(C)(i) The Secretary may waive the dead- to improve might be nonexistent or minimal; rity Act (42 U.S.C. 1395d) shall not apply with line in subparagraph (A) or (B) in the case of or respect to the care provided that patient. a remedial action only if the Secretary de- ‘‘(2) the care is provided for the purposes of ‘‘(d) COMMUNITY BASED SERVICES.—(1) To termines that it is technically impracticable maintaining function and preventing dete- qualify for community based services under from an engineering perspective to com- rioration.’’. this section, a patient shall require a level of mence the remedial action within the dead- (b) DOMICILIARY AND CUSTODIAL CARE DE- care that— line. FINED.—Section 1072 of such title is amended ‘‘(A) is available to the patient in a nurs- ‘‘(ii) The Secretary shall commence any re- by adding at the end the following new para- ing facility or hospital; and medial action covered by clause (i) as soon as graphs: ‘‘(B) if such level of care were provided to it is possible to commence such remedial ac- ‘‘(8) The term ‘domiciliary care’ means the patient in such a nursing facility or hos- tion. treatment or services involving assistance pital, would be paid for (in whole or in part) ‘‘(D) The Secretary shall complete any re- with the performance of activities of daily under this chapter at a cost to the United medial action commenced under this para- States that is equal to or greater than the graph as expeditiously as practicable after living that is provided to a patient in a cost that would be incurred by the United commencement. home-like setting because— ‘‘(E) This paragraph shall not be construed ‘‘(A) the treatment or services are not States to provide the community based serv- to alter or otherwise affect any environ- available, or are not suitable to be provided, ices to the patient under this section. ‘‘(2) Community based services may only mental laws or the obligations of the Sec- to the patient in the patient’s home; or be provided to a patient under this section in retary under those laws with respect to an ‘‘(B) no member of the patient’s family is accordance with a plan of care established by installation covered by this paragraph.’’. willing to provide the treatment or services. ‘‘(9) The term ‘custodial care’— the patient’s physician. SA 1746. Mr. KENNEDY submitted an ‘‘(A) means treatment or services that— ‘‘(e) REGULATIONS.—The Secretary of De- ‘‘(i) could be provided safely and reason- fense shall, after consultation with the other amendment intended to be proposed by administering Secretaries, prescribe regula- him to the bill S. 1438, to authorize ap- ably by a person not trained as a physician, nurse, paramedic, or other health care pro- tions to carry out this section. propriations for fiscal year 2002 for ‘‘(f) DEFINITIONS.—In this section: vider; or military activities of the Department ‘‘(1) The term ‘extended care services’ has ‘‘(ii) are provided principally to assist the the meaning given the term in subsection (h) of Defense, for military constructions, recipient of the treatment or services with of section 1861 of the Social Security Act (42 and for defense activities of the De- the performance of activities of daily living; U.S.C. 1395x). partment of Energy, to prescribe per- and ‘‘(2) The term ‘post-hospital extended serv- sonnel strengths for such fiscal year ‘‘(B) includes any treatment or service de- ices’ has the meaning given the term in sub- scribed in subparagraph (A) without regard for the Armed Forces, and for other section (i) of section 1861 of the Social Secu- to— purposes; which was ordered to lie on rity Act (42 U.S.C. 1395x). ‘‘(i) the source of any recommendation to the table; as follows: ‘‘(3) The term ‘home health services’ has provide the treatment or service; and Beginning on page 217, strike line 18 and the meaning given the term in subsection ‘‘(ii) the setting in which the treatment or all that follows through page 226, line 17, and (m) of section 1861 of the Social Security Act service is provided.’’. insert the following: (42 U.S.C. 1395x). SEC. 703. LONG TERM CARE. Subtitle A—TRICARE Benefits Modernization ‘‘(4) The term ‘skilled nursing facility’ has (a) LIMITATION.—Chapter 55 of title 10, the meaning given the term in section 1819(a) SEC. 701. REQUIREMENT FOR INTEGRATION OF United States Code, is amended by inserting of the Social Security Act (42 U.S.C. 1395i– BENEFITS. after section 1074i the following new section: (a) IN GENERAL.—The Secretary of Defense 3(a)). shall— ‘‘§ 1074j. Long term care benefits program ‘‘(5) The term ‘spell of illness’ has the (1) terminate the Individual Case Manage- ‘‘(a) REQUIREMENT FOR PROGRAM.—The Sec- meaning given the term in subsection (a) of ment Program carried out under section retary of Defense shall provide long term section 1861 of the Social Security Act (42 1079(a)(17) of title 10, United States Code (as health care benefits under the TRICARE pro- U.S.C. 1395x).’’. in effect on September 30, 2001); and gram in an effective and efficient manner (b) CLERICAL AMENDMENT.—The table of (2) integrate the beneficiaries under that that integrates those benefits with the bene- sections at the beginning of such chapter is program, and the furnishing of care to those fits provided on a less than a long term basis amended by inserting after the item relating beneficiaries, into the TRICARE program as under the TRICARE program. to section 1074i the following new item: modified pursuant to the amendments made ‘‘(b) AUTHORIZED CARE.—The types of ‘‘1074j. Long term care benefits program.’’. by this subtitle. health care authorized to be provided under SEC. 704. EXTENDED BENEFITS FOR DISABLED (b) REPEAL OF SEPARATE AUTHORITY.—Sec- this section shall include the following: BENEFICIARIES. tion 1079 of title 10, United States Code, is ‘‘(1) The types of health care authorized to Section 1079 of title 10, United States Code, amended by striking paragraph (17). be acquired by contract under section 1079 of is amended by striking subsections (d), (e), (c) SAVINGS PROVISION.—Nothing in this this title. and (f) and inserting the following: subtitle or the amendments made by this ‘‘(2) Extended care services. ‘‘(d)(1) The health care benefits contracted subtitle shall be construed— ‘‘(3) Post-hospital extended care services. for under this section shall include extended (1) to modify any eligibility requirement ‘‘(4) Comprehensive intermittent home benefits for dependents referred to in the for any person receiving benefits under the health services. first sentence of subsection (a) who have any Individual Case Management Program before ‘‘(5) Subject to subsection (d), community of the following qualifying conditions: October 1, 2001; or based services, as follows:. ‘‘(A) Moderate or severe mental retarda- (2) to terminate any benefits available ‘‘(A) Nursing services provided by or under tion. under that program before that date. the supervision of a nurse. ‘‘(B) A serious physical disability. (d) CONSULTATION REQUIREMENT.—The Sec- ‘‘(B) Therapy services. ‘‘(C) Any extraordinary physical or psycho- retary of Defense shall consult with the ‘‘(C) Medical equipment and supplies. logical condition. other administering Secretaries referred to ‘‘(D) In the case of a patient with concur- ‘‘(2) The extended benefits under paragraph in section 1072(3) of title 10, United States rent skilled care needs, the following: (1) may include comprehensive health care Code, in carrying out this section. ‘‘(i) Home health aide services. and case management services, to the extent SEC. 702. DOMICILIARY AND CUSTODIAL CARE. ‘‘(ii) Performance of chores. not otherwise provided under this chapter (a) AUTHORITY.—Section 1077 of title 10, ‘‘(iii) Adult day care services. with respect to a qualifying condition, as fol- United States Code, is amended— ‘‘(iv) Respite care. lows: (1) in subsection (b)(1), by inserting before ‘‘(v) Any other medical or social service ‘‘(A) Diagnosis. the period end the following: ‘‘, except as that contributes to the health and well-being ‘‘(B) Inpatient, outpatient, and comprehen- provided in subsection (e)’’; and of the patient and the ability of the patient sive home health supplies and services.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18176 CONGRESSIONAL RECORD—SENATE October 1, 2001 ‘‘(C) Training and rehabilitation, including ‘‘(9) The Secretary of Defense, in consulta- ‘‘(E) Replacement of an orthotic device special education and assistive technology tion with the other administering Secre- when appropriate to accommodate the pa- devices. taries, shall prescribe regulations to carry tient’s growth or change of condition. ‘‘(D) Institutional care in private non- out this subsection.’’. ‘‘(2) An augmentative communication de- profit, public, and State institutions and fa- SEC. 705. CONFORMING REPEALS. vice may be provided as a voice prosthesis cilities and, when appropriate, transpor- The following provisions of law are re- under subsection (a)(15). tation to and from such institutions and fa- pealed: ‘‘(3) A prosthetic or orthotic device cus- cilities. (1) Section 703 of the National Defense Au- tomized for a patient may be provided under ‘‘(E) Any other services and supplies deter- thorization Act for Fiscal Year 2000 (Public this section only by a prosthetic or orthotic mined appropriate under regulations pre- Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note). practitioner, respectively, who is qualified to scribed under paragraph (9). (2) Section 8118 of the Department of De- customize the device, as determined under ‘‘(3) The extended benefits under paragraph fense Appropriations Act, 2000 (Public Law regulations prescribed by the Secretary of (1) may also include respite care for the pri- 106–79; 113 Stat. 1260). Defense in consultation with the admin- mary caregiver of a dependent eligible for (3) Section 8100 of the Department of De- istering Secretaries.’’. extended benefits under this subsection. fense Appropriations Act, 2001 (Public Law SEC. 708. DURABLE MEDICAL EQUIPMENT. ‘‘(4) Home health supplies and services may 106–259; 114 Stat. 696). (a) ITEMS AUTHORIZED.—Section 1077 of be provided to a dependent under paragraph SEC. 706. SERVICES OR SUPPLIES DETERMINED title 10, United States Code, as amended by (2)(B) as other than part-time or intermit- NECESSARY. section 707, is further amended— tent services (as determined in accordance (a) DETERMINATIONS OF NECESSITY.—Sub- (1) in subsection (a)(12), by striking ‘‘such with the second sentence of section 1861(m) section (a)(13) of section 1079 of title 10, as wheelchairs, iron lungs, and hospital of the Social Security Act (42 U.S.C. United States Code, is amended— beds,’’ and inserting ‘‘which’’; and 1395x(m)) only if— (1) by inserting ‘‘(A)’’ after ‘‘(13)’’; (2) by adding at the end the following new ‘‘(A) the provision of such supplies and (2) by designating the second sentence as subsection: services in the home of the dependent is subparagraph (C), realigning that subpara- ‘‘(g)(1) Items that may be provided to a pa- medically appropriate; and graph flush to the left margin, and striking tient under subsection (a)(12) include the fol- ‘‘(B) the cost of the provision of such sup- ‘‘this paragraph’’ in the text of such subpara- lowing: plies and services to the dependent is equal graph (as so redesignated) and inserting ‘‘(A) Any durable medical equipment that to or less than the cost of the provision of ‘‘subparagraph (A)’’; and can improve, restore, or maintain the func- similar supplies and services to the depend- (3) by inserting after subparagraph (A), as tion of a malformed, diseased, or injured ent in a skilled nursing facility. designated by subparagraph (A), the fol- body part, or can otherwise minimize or pre- ‘‘(5) Subsection (a)(13) shall not apply to lowing new subparagraph: vent the deterioration of the patient’s func- the provision of care and services determined ‘‘(B) For the purposes of subparagraph (A), tion or condition. appropriate to be provided as extended bene- the determination that a service or supply is ‘‘(B) Any durable medical equipment that fits under this subsection. can maximize the patient’s function and mo- ‘‘(6) Subject to paragraph (7), a member of medically or psychologically necessary to bility consistent with the patient’s physio- the uniformed services shall pay a share of prevent, diagnose, or treat a mental or phys- the cost of any care and services provided as ical illness, injury, or bodily malfunction of logical or medical needs. extended benefits to any of the dependents of a patient, or to prevent deterioration of a pa- ‘‘(C) Wheelchairs. the member under this subsection as follows: tient, when made by the physician treating ‘‘(D) Iron lungs, ‘‘(A) In the case of a member in the lowest the patient, shall be conclusive unless the ‘‘(E) Hospital beds. ‘‘(2) In addition to the authority to provide enlisted pay grade, the first $25 of the cumu- physician’s determination is clearly erro- durable medical equipment under subsection lative costs of all care furnished to one or neous, as determined by a higher authority (a)(12), any customization of equipment more dependents of the member in a month. or under the CHAMPUS Peer Review Organi- owned by the patient that is durable medical ‘‘(B) In the case of a member in the highest zation program.’’. equipment authorized to be provided to the commissioned pay grade, the first $250 of the (b) DETERMINATIONS NOT SUBJECT TO PEER patient under this section or section cumulative costs of all care furnished to one REVIEW.—Subsection (o)(1) of such section is 1079(a)(5) of this title, and any accessory or or more dependents of the member in a amended by inserting ‘‘(subject to subsection item of supply for any such equipment, may month. (a)(13)(B))’’ after ‘‘determined’’. be provided to the patient if the ‘‘(C) In the case of a member in any other SEC. 707. PROSTHETICS, ORTHOTICS, AND HEAR- customization, accessory, or item of supply pay grade, a fixed amount of the cumulative ING AIDS. is essential for— costs of all care furnished to one or more de- Section 1077 of title 10 United States Code, ‘‘(A) achieving therapeutic benefit for the pendents of the member in a month, as pre- as amended by section 702, is further amend- patient; scribed for that pay grade in regulations pre- ed— ‘‘(B) making the equipment serviceable; or scribed under paragraph (9). (1) in subsection (a), by striking paragraph ‘‘(7)(A) In the case of extended benefits pro- (15) and inserting the following: ‘‘(C) otherwise assuring the proper func- vided under subparagraph (C) or (D) of para- ‘‘(15) A prosthetic or orthotic device, to- tioning of the equipment. graph (2) to a dependent of a member of the gether with related items and services as ‘‘(3) The eligibility of a patient to receive uniformed services— provided in subsection (e). durable medical equipment and related serv- ‘‘(i) the Government’s share of the total ‘‘(16) A hearing aid, but only for a depend- ices under this section or section 1079(a)(5) of cost of providing such benefits in any month ent of a member of the uniformed services on this title may not be limited on the basis shall not exceed $2,500, except for costs that active duty and only if the dependent has a that a primary purpose of the use of the a member is exempt from paying under sub- profound hearing loss, as determined under equipment by the patient is transportation, paragraph (B); and standards prescribed in regulations by the comfort, or convenience of the patient.’’. ‘‘(ii) the member shall pay (in addition to Secretary of Defense in consultation with (b) PROVISION OF ITEMS ON RENTAL BASIS.— any amount payable under paragraph (6)) the the administering Secretaries.’’; Paragraph (5) of section 1079(a) of such title amount, if any, by which the amount of such (2) in subsection (b)(2), by striking ‘‘Hear- is amended to read as follows: total cost for the month exceeds the Govern- ing aids, orthopedic footwear,’’ and inserting ‘‘(5) Durable equipment provided under this ment’s maximum share under clause (i). ‘‘Orthopedic footwear’’; and section shall be provided on a rental basis.’’. ‘‘(B) A member of the uniformed services (3) by adding at the end the following new SEC. 709. REHABILITATIVE THERAPY. who incurs expenses under subparagraph (A) subsection: Section 1077(a) of title 10, United States for a month for more than one dependent ‘‘(f)(1) Authority to provide a prosthetic or Code, as amended by section 707(1), is further shall not be required to pay for the month orthotic device under subsection (a)(15) in- amended by inserting after paragraph (16) under clause (ii) of that subparagraph an cludes authority to provide the following: the following new paragraph: amount greater than the amount the mem- ‘‘(A) Any accessory or item of supply that ‘‘(17) Any rehabilitative therapy to im- ber would otherwise be required to pay under is used in conjunction with the device for the prove, restore, or maintain function, or to that clause for the month if the member purpose of achieving therapeutic benefit and minimize or prevent deterioration of func- were incurring expenses under that subpara- proper functioning. tion, of a patient when prescribed by a physi- graph for only one dependent. ‘‘(B) Services necessary to train the recipi- cian, including the following therapies: ‘‘(8) To qualify for extended benefits under ent of the device in the use of the device. ‘‘(A) Physical or occupational therapy to subparagraph (C) or (D) of paragraph (2), a ‘‘(C) Repair of the device for normal wear maintain range of motion in a paralyzed ex- dependent of a member of the uniformed and tear or damage. tremity of the patient, without regard to services shall be required to use public facili- ‘‘(D) Replacement of the device if the de- whether a purpose for providing the therapy ties to the extent such facilities are avail- vice is lost or irreparably damaged or the is to restore a specific loss of function or is able and adequate, as determined under joint cost of repair would exceed 60 percent of the related to the restoration of a specific loss of regulations of the administering Secretaries. cost of replacement. function.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18177 ‘‘(B) Occupational therapy for an amputee dial care that is provided to a patient by a the patient, shall be conclusive unless the or a patient with an orthopedic impairment, physician, nurse, paramedic, or other health physician’s determination is clearly erro- including gait analysis. care provider incident to other health care neous, as determined by a higher authority ‘‘(C) Respiratory or recreation therapy authorized under subsection (a), whether or or under the CHAMPUS Peer Review Organi- that is included as part of a treatment plan not— zation program.’’. established for the patient by the physi- ‘‘(1) the potential for the patient’s condi- (b) DETERMINATIONS NOT SUBJECT TO PEER cian.’’. tion of illness, injury, or bodily malfunction REVIEW.—Subsection (o)(1) of such section is SEC. 710. MENTAL HEALTH BENEFITS. to improve might be nonexistent or minimal; amended by inserting ‘‘(subject to subsection Section 1079(i) of title 10, United States or (a)(13)(B))’’ after ‘‘determined’’. Code, is amended by adding at the end the ‘‘(2) the care is provided for the purposes of SEC. 707. PROSTHETICS, ORTHOTICS, AND HEAR- following new paragraphs: maintaining function and preventing dete- ING AIDS. ‘‘(4)(A) To receive outpatient mental rioration.’’. Section 1077 of title 10 United States Code, health services under a contract entered into (b) DOMICILIARY AND CUSTODIAL CARE DE- as amended by section 702, is further amend- under this section or section 1086 of this title FINED.—Section 1072 of such title is * * * ed— for periods in excess of a limitation on the In section 703, after ‘‘ ‘(4) Comprehensive (1) in subsection (a), by striking paragraph availability of outpatient mental health ben- intermittent home health services.’ ’’, insert (15) and inserting the following: efit for a year under the contract, a person the following: ‘‘(15) A prosthetic or orthotic device, to- may convert any unused period of inpatient ‘‘(5) Subject to subsection (d), community gether with related items and services as mental health benefit available to the person based services, as follows:. provided in subsection (e). for that year under the contract to one or ‘‘(A) Nursing services provided by or under ‘‘(16) A hearing aid, but only for a depend- more additional periods of availability of the supervision of a nurse. ent of a member of the uniformed services on outpatient mental health benefit. ‘‘(B) Therapy services. active duty and only if the dependent has a ‘‘(B) The total amount of inpatient mental ‘‘(C) Medical equipment and supplies. profound hearing loss, as determined under health benefit remaining available to a per- ‘‘(D) In the case of a patient with concur- standards prescribed in regulations by the son for a year under a contract referred to in rent skilled care needs, the following: Secretary of Defense in consultation with subparagraph (A) shall be reduced to the ex- ‘‘(i) Home health aide services. the administering Secretaries.’’; tent of any conversion of the benefit for the ‘‘(ii) Performance of chores. (2) in subsection (b)(2), by striking ‘‘Hear- person for the year under that subparagraph. ‘‘(iii) Adult day care services. ing aids, orthopedic footwear,’’ and inserting ‘‘(C) For the purposes of this paragraph, ‘‘(iv) Respite care. ‘‘Orthopedic footwear’’; and one day of inpatient mental health benefit ‘‘(v) Any other medical or social service (3) by adding at the end the following new converts to eight hours of outpatient mental that contributes to the health and well-being subsection: health benefit. of the patient and the ability of the patient ‘‘(f)(1) Authority to provide a prosthetic or ‘‘(5) Mental health services, including sub- to reside in a community based care setting orthotic device under subsection (a)(15) in- stance abuse services, available to a patient instead of an institution. cludes authority to provide the following: under a contract entered into under this sec- In section 703, strike ‘‘ ‘(d) REGULATIONS.— ‘‘(A) Any accessory or item of supply that tion or section 1086 of this title shall be fur- ’’ and all that follows through ‘‘ ‘(e) DEFINI- is used in conjunction with the device for the nished to the patient in the least restrictive TIONS.—’’ and insert the following: purpose of achieving therapeutic benefit and environment that is effective and appro- ‘‘(d) COMMUNITY BASED SERVICES.—(1) To proper functioning. priate for meeting the treatment and reha- qualify for community based services under ‘‘(B) Services necessary to train the recipi- bilitative needs of the patient.’’. this section, a patient shall require a level of ent of the device in the use of the device. SEC. 710A. REPORT TO CONGRESS ON RELATION- care that— ‘‘(C) Repair of the device for normal wear SHIP AMONG FEDERAL LONG-TERM ‘‘(A) is available to the patient in a nurs- and tear or damage. CARE INITIATIVES. ing facility or hospital; and ‘‘(D) Replacement of the device if the de- Not later than April 1, 2002, the Secretary ‘‘(B) if such level of care were provided to vice is lost or irreparably damaged or the of Defense shall submit to Congress a report the patient in such a nursing facility or hos- cost of repair would exceed 60 percent of the on the relationship and compatibility of the pital, would be paid for (in whole or in part) cost of replacement. long term care insurance program under under this chapter at a cost to the United ‘‘(E) Replacement of an orthotic device chapter 90 of title 5, United States Code (as States that is equal to or greater than the when appropriate to accommodate the pa- added by the Federal Long-Term Care Secu- cost that would be incurred by the United tient’s growth or change of condition. rity Act), and other initiatives of the Fed- States to provide the community based serv- ‘‘(2) An augmentative communication de- eral Government to provide long term care ices to the patient under this section. vice may be provided as a voice prosthesis benefits for which members of the uniformed ‘‘(2) Community based services may only under subsection (a)(15). services and their dependents are or would be be provided to a patient under this section in ‘‘(3) A prosthetic or orthotic device cus- eligible. accordance with a plan of care established by tomized for a patient may be provided under this section only by a prosthetic or orthotic SEC. 710B. EFFECTIVE DATE. the patient’s physician. ‘‘(e) REGULATIONS.—The Secretary of De- practitioner, respectively, who is qualified to This subtitle and the amendments made by fense shall, after consultation with the other customize the device, as determined under this subtitle shall take effect on October 1, administering Secretaries, prescribe regula- regulations prescribed by the Secretary of 2001. tions to carry out this section. Defense in consultation with the admin- istering Secretaries.’’. SA 1747. Mr. KENNEDY submitted an ‘‘(f) DEFINITIONS.— In section 706, strike the section heading amendment intended to be proposed by SEC. 708. DURABLE MEDICAL EQUIPMENT. and insert the following: (a) ITEMS AUTHORIZED.—Section 1077 of him to the bill S. 1438, to authorize ap- SEC. 706. SERVICES OR SUPPLIES DETERMINED title 10, United States Code, as amended by propriations for fiscal year 2002 for NECESSARY. section 707, is further amended— military activities of the Department (a) DETERMINATIONS OF NECESSITY.—Sub- (1) in subsection (a)(12), by striking ‘‘such of Defense, for military constructions, section (a)(13) of section 1079 of title 10, as wheelchairs, iron lungs, and hospital and for defense activities of the De- United States Code, is amended— beds,’’ and inserting ‘‘which’’; and partment of Energy, to prescribe per- (1) by inserting ‘‘(A)’’ after ‘‘(13)’’; (2) by adding at the end the following new sonnel strengths for such fiscal year (2) by designating the second sentence as subsection: for the Armed Forces, and for other subparagraph (C), realigning that subpara- ‘‘(g)(1) Items that may be provided to a pa- graph flush to the left margin, and striking tient under subsection (a)(12) include the fol- purposes; which was ordered to lie on ‘‘this paragraph’’ in the text of such subpara- lowing: the table; as follows: graph (as so redesignated) and inserting ‘‘(A) Any durable medical equipment that In section 702, strike the first line under ‘‘subparagraph (A)’’; and can improve, restore, or maintain the func- the section heading and insert the following: (3) by inserting after subparagraph (A), as tion of a malformed, diseased, or injured (a) AUTHORITY.—Section 1077 of title 10, designated by subparagraph (A), the fol- body part, or can otherwise minimize or pre- United States Code, is amended— lowing new subparagraph: vent the deterioration of the patient’s func- (1) in subsection (b)(1), by inserting before ‘‘(B) For the purposes of subparagraph (A), tion or condition. the period end the following: ‘‘, except as the determination that a service or supply is ‘‘(B) Any durable medical equipment that provided in subsection (e)’’; and medically or psychologically necessary to can maximize the patient’s function and mo- (2) by adding at the end the following new prevent, diagnose, or treat a mental or phys- bility consistent with the patient’s physio- subsection: ical illness, injury, or bodily malfunction of logical or medical needs. ‘‘(e) The prohibition in subsection (b)(1) a patient, or to prevent deterioration of a pa- ‘‘(C) Wheelchairs. does not apply to domiciliary care or custo- tient, when made by the physician treating ‘‘(D) Iron lungs,

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‘‘(E) Hospital beds. priate for meeting the treatment and reha- (b) ELIGIBLE MEMBERS.—For the purposes ‘‘(2) In addition to the authority to provide bilitative needs of the patient.’’. of this section, an eligible member is a mem- durable medical equipment under subsection SEC. 710A. REPORT TO CONGRESS ON RELATION- ber of reserve components of the Armed (a)(12), any customization of equipment SHIP AMONG FEDERAL LONG-TERM Forces serving on active duty pursuant to a owned by the patient that is durable medical CARE INITIATIVES. call or order issued under a provision of law equipment authorized to be provided to the Not later than April 1, 2002, the Secretary referred to in section 101(a)(13)(B) of title 10, patient under this section or section of Defense shall submit to Congress a report United States Code. 1079(a)(5) of this title, and any accessory or on the relationship and compatibility of the (c) FORMS OF ASSISTANCE.—Assistance item of supply for any such equipment, may long term care insurance program under under a cooperative agreement entered into be provided to the patient if the chapter 90 of title 5, United States Code (as under this section shall include the fol- customization, accessory, or item of supply added by the Federal Long-Term Care Secu- lowing: is essential for— rity Act), and other initiatives of the Fed- (1) Referral for child care services. ‘‘(A) achieving therapeutic benefit for the eral Government to provide long term care (2) Financial assistance for the payment of patient; benefits for which members of the uniformed costs of child care. ‘‘(B) making the equipment serviceable; or services and their dependents are or would be (d) FINANCIAL ASSISTANCE.—The Secretary ‘‘(C) otherwise assuring the proper func- eligible. of Defense shall provide financial assistance tioning of the equipment. SEC. 710B. EFFECTIVE DATE. for the payment of costs of families for child ‘‘(3) The eligibility of a patient to receive care under any cooperative agreement en- tered into under this section. The amounts durable medical equipment and related serv- SA 1748. Mr. KENNEDY submitted an ices under this section or section 1079(a)(5) of of financial assistance shall be consistent amendment intended to be proposed by with subsidies paid for child care under sub- this title may not be limited on the basis him to the bill S. 1438, to authorize ap- that a primary purpose of the use of the chapter II of chapter 88 of title 10, United equipment by the patient is transportation, propriations for fiscal year 2002 for States Code. The amount paid a family for comfort, or convenience of the patient.’’. military activities of the Department child care may not exceed the total subsidy (b) PROVISION OF ITEMS ON RENTAL BASIS.— of Defense, for military constructions, amount that would be provided to the family Paragraph (5) of section 1079(a) of such title and for defense activities of the De- for attendance of children of the family at is amended to read as follows: partment of Energy, to prescribe per- military child development centers under ‘‘(5) Durable equipment provided under this sonnel strengths for such fiscal year section 1793 of such title. section shall be provided on a rental basis.’’. (e) FUNDING.—Amounts available for car- for the Armed Forces, and for other rying out subchapter II of chapter 88 of title SEC. 709. REHABILITATIVE THERAPY. purposes; which was ordered to lie on Section 1077(a) of title 10, United States 10, United States Code, shall be available for Code, as amended by section 707(1), is further the table; as follows: paying the costs incurred by the Department amended by inserting after paragraph (16) At the end of title VI, add the following: of Defense under a cooperative agreement the following new paragraph: Subtitle F—National Emergency Family entered into under this section. (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(17) Any rehabilitative therapy to im- Support There is authorized to be appropriated to the prove, restore, or maintain function, or to SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. Department of Defense for fiscal year 2002, minimize or prevent deterioration of func- (a) IN GENERAL.—The Secretary of Defense out of current and future balances in the De- tion, of a patient when prescribed by a physi- may provide assistance for families of mem- fense Cooperation Account, such sums as are cian, including the following therapies: bers of the Armed Forces serving on active necessary to carry out the provisions of this ‘‘(A) Physical or occupational therapy to duty during the period of the national emer- section. maintain range of motion in a paralyzed ex- gency declared by the President on Sep- SEC. 683. FAMILY EDUCATION AND SUPPORT tremity of the patient, without regard to tember 14, 2001, in order to ensure that the SERVICES. whether a purpose for providing the therapy children of such families obtain needed child (a) IN GENERAL.—The Secretary of Defense is to restore a specific loss of function or is care and youth services. The assistance au- may provide assistance in accordance with related to the restoration of a specific loss of thorized by this section should be directed this section to families of members of the function. primarily toward providing needed family Armed Forces serving on active duty in ‘‘(B) Occupational therapy for an amputee support, including child care and youth serv- order to ensure that those families receive or a patient with an orthopedic impairment, ices for children of such personnel who are educational assistance and family support including gait analysis. deployed, assigned, or ordered to active duty services necessary to meet needs arising out ‘‘(C) Respiratory or recreation therapy in connection with operations of the Armed of the national emergency referred to in sec- that is included as part of a treatment plan Forces under the national emergency. tion 681(a). established for the patient by the physi- (b) AUTHORIZATION OF APPROPRIATIONS.— (b) TYPES OF ASSISTANCE.—The assistance cian.’’. There is authorized to be appropriated to the authorized by this section may be provided SEC. 710. MENTAL HEALTH BENEFITS. Department of Defense for fiscal year 2002, to families directly or through the awarding Section 1079(i) of title 10, United States out of current and future balances in the De- of grants, contracts, cooperative agreements, Code, is amended by adding at the end the fense Cooperation Account, such sums as are or other forms of financial assistance to ap- following new paragraphs: necessary to carry out the provisions of this propriate private or public entities. The as- ‘‘(4)(A) To receive outpatient mental section. sistance may include grants for after-school health services under a contract entered into (c) SUPPLEMENTATION OF OTHER PUBLIC programs that are carried out by the Boys & under this section or section 1086 of this title FUNDS.—Funds referred to in subsection (b) Girls Clubs of America for children of mem- for periods in excess of a limitation on the that are made available to carry out this bers of reserve components deployed, as- availability of outpatient mental health ben- section may be used only to supplement, and signed, or ordered to active duty as described efit for a year under the contract, a person not to supplant, the amount of any other in section 681(a). may convert any unused period of inpatient Federal, State, or local government funds (c) GEOGRAPHIC AREAS ASSISTED.—(1) Such mental health benefit available to the person otherwise expended or authorized for the assistance shall be provided primarily in ge- for that year under the contract to one or support of family programs, including child ographic areas— more additional periods of availability of care and youth programs for members of the (A) in which a substantial number of mem- outpatient mental health benefit. Armed Forces. bers of the active components of the Armed ‘‘(B) The total amount of inpatient mental SEC. 682. CHILD CARE FOR DEPENDENTS OF MO- Forces of the United States are permanently health benefit remaining available to a per- BILIZED RESERVES. assigned and from which a significant num- son for a year under a contract referred to in (a) AUTHORITY.—(1) The Secretary of De- ber of such members are being deployed or subparagraph (A) shall be reduced to the ex- fense is authorized to enter into a coopera- have been deployed; or tent of any conversion of the benefit for the tive agreement with a public, not-for-profit (B) from which a significant number of person for the year under that subparagraph. organization that provides child care re- members of the reserve components of the ‘‘(C) For the purposes of this paragraph, source and referral services on a nationwide Armed Forces ordered to, or retained on, ac- one day of inpatient mental health benefit basis to carry out a program of assistance tive duty pursuant to a provision of law re- converts to eight hours of outpatient mental for families of eligible members of reserve ferred to in section 101(a)(13)(B) of title 10, health benefit. components of the Armed Forces. United States Code, are being deployed or ‘‘(5) Mental health services, including sub- (2) The program under a cooperative agree- have been deployed. stance abuse services, available to a patient ment entered into under this section shall be (2) The Secretary of Defense shall deter- under a contract entered into under this sec- similar to the program known as AmeriCorps mine which areas meet the criteria set out in tion or section 1086 of this title shall be fur- Cares that is established by the Corporation paragraph (1). nished to the patient in the least restrictive for National Service under the National and (d) EDUCATIONAL ASSISTANCE.—Educational environment that is effective and appro- Community Service Act of 1990. assistance authorized by this section may be

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18179 used for the furnishing of one or more of the 2002 for military activities of the De- purposes; which was ordered to lie on following forms of assistance: partment of Defense, for military con- the table; as follows: (1) Protection of children, child and youth structions, and for defense activities of At the appropriate place, insert: care facilities, and Department of Defense the Department of Energy, to prescribe STUDY AND PLAN.— schools that are not on military installa- (a) With the submission of the fiscal year tions and might be targets of terrorist activ- personnel strengths for such fiscal year for the Armed Forces, and for other 2003 budget request, the Secretary of Defense ity. shall provide to the congressional defense (2) Individual or group counseling for chil- purposes; which was ordered to lie on committees a report and the Secretary’s rec- dren and other members of the families of the table; as follows: ommendations on options for enhancing the members of the Armed Forces of the United In section 2301(a), in the table, strike the capabilities and cost effectiveness of the hel- States who have been deployed or are casual- item relating to MacDill Air Force Base, icopter support missions at the ICBM wings ties. Florida. at Minot AFB, North Dakota; Malmstrom (3) Training and technical assistance to In section 2301(a), in the table, strike the AFB, Montana; and F.E. Warren AFB, Wyo- better prepare teachers and other school em- amount specified as the total in the amount ming. ployees to address questions and concerns of column and insert ‘‘$801,370,000. (b) Options to be reviewed include: children of such members of the Armed In section 2304(a), in the matter preceding (1) the Air Force’s current plan for replace- Forces. paragraph (1), strike ‘‘$2,579,791,000’’ and in- ment or modernization of UH–1N helicopters (4) Other appropriate programs, services, sert ‘‘$2,569,791,000’’. currently flown by the Air Force at the mis- and information designed to address the spe- In section 2304(a), strike ‘‘$816,070,000’’ and sile wings; cial needs of children and other members of insert ‘‘$806,070,000’’. (2) replacement of the UH–IN helicopters the families of members of the Armed Forces In section 2601(2), strike ‘‘$33,641,000’’ and currently flown by the Air Force with UH–60 referred to in paragraph (2) resulting from insert ‘‘$42,241,000’’. Black Hawk helicopters, the UH–1Y, or an- the deployment, the return from deploy- ther platform; ment, or the medical or rehabilitation needs SA 1750. Mr. DODD (for himself, Mr. (3) replacement of UH–1N helicopters with of such members. HOLLINGS, Mr. CORZINE, Mr. BIDEN, Mr. UH–60 helicopters and transition of the mis- (e) FAMILY SUPPORT ASSISTANCE.—Family BINGAMAN, Mr. SARBANES, Ms. SNOWE, sion to the Army National Guard, as detailed support assistance authorized by this section in the November 21, 2000, Air Force Space Mr. SPECTER, Ms. COLLINS, Mr. WAR- may be used for the following purposes: Command plan, ‘‘The Business Case for NER, and Mr. MCCAIN) submitted an (1) Protection against terrorist activity. ARNG Helicopter Support to AFSPC ICBM (2) Family crisis intervention. amendment intended to be proposed by Operations;’’ (3) Family counseling. him to the bill S. 1438, to authorize ap- (4) replacement of UH–1N helicopters with (4) Parent education programs. propriations for fiscal year 2002 for UH–60 helicopters or another platform, and (5) Family support groups. military activities of the Department establishment of composite units combining (6) Expenses for volunteer activities. of Defense, for military constructions, active duty Air Force and Army National (7) Respite care. and for defense activities of the De- Guard personnel; and, (8) Housing protection and advocacy. partment of Energy, to prescribe per- (5) other options as the Secretary deems (9) Food assistance. appropriate. (10) Employment assistance. sonnel strengths for such fiscal year (c) Factors to be considered in this anal- (11) Child care. for the Armed Forces, and for other ysis include: (12) Benefits eligibility determination serv- purposes; as follows: (1) any implications of transferring the ices. At the end of subtitle E of title X, add the helicopter support missions on the command (13) Transportation assistance. following: and control of and responsibility for missile (14) Adult day care for dependent elderly SEC. 1066, ASSISTANCE FOR FIREFIGHTERS. field force protection; (2) current and future operational require- and disabled adults. Section 33(e) of the Federal Fire Preven- ments, and the capabilities of the UH–1N, the (15) Temporary housing assistance for im- tion and Control Act of 1974 (15 U.S.C. UH–60 or other aircraft to meet them; mediate family members visiting wounded 2229(e)) is amended by striking paragraph (2) members of the Armed Forces or receiving (3) cost, with particular attention to op- and inserting the following new paragraphs: portunities to realize efficiencies over the medical treatment at military hospitals and ‘‘(2) $600,000,000 for fiscal year 2002. facilities in the United States. long run; ‘‘(3) $800,000,000 for fiscal year 2003. (4) implications for personnel training and (16) Reimbursement of telephone and other ‘‘(4) $1,000,000,000 for fiscal year 2004.’’ communication expenses incurred in mis- retention; and, sion-related activities. (5) evaluation of the assumptions used in SA 1751. Mr. LOTT submitted an the plan specified in (b)(3) above. (17) The Reserve Family Support Program. amendment intended to be proposed by (18) The expansion of Department of De- (d) The Secretary shall consider carefully fense family support centers to the extent him to the bill S. 1438, to authorize ap- the views of the Secretary of the Army, Sec- adequate to provide support for families of propriations for fiscal year 2002 for retary of the Air Force, Commander in Chief members of reserve components referred to military activities of the Department of the United States Strategic Command, in section 682(b) and the establishment of De- of Defense, for military constructions, and the Chief of the National Guard Bureau. partment of Defense family support centers and for defense activities of the De- SA 1753. Mr. BOND submitted an in major metropolitan areas, and other com- partment of Energy, to prescribe per- munities, that are far from military installa- amendment intended to be proposed by sonnel strengths for such fiscal year him to the bill S. 1438, to authorize ap- tions and have large populations of families for the Armed Forces, and for other of such members. propriations for fiscal year 2002 for purposes; as follows: (19) Computer and other equipment for military activities of the Department communication between members of the At the appropriate place in the bill, add of Defense, for military constructions, Armed Forces and members of their families. the following: and for defense activities of the De- (f) AUTHORIZATION OF APPROPRIATIONS.— SEC. 201(1). AUTHORIZATION OF ADDITIONAL partment of Energy, to prescribe per- There is authorized to be appropriated to the FUNDS. Department of Defense for fiscal year 2002, AUTHORIZATION.—$2,500,000 is authorized for sonnel strengths for such fiscal year out of current and future balances in the De- appropriations in section 201(1), in for the Armed Forces, and for other fense Cooperation Account, such sums as are PE62303A214 for Enhanced Scramjet Mixing. purposes; which was ordered to lie on necessary to carry out the provisions of this the table; as follows: section. SA 1752. Mr. CONRAD (for himself On page 65, after line 24, insert the fol- SEC. 684. DEFENSE COOPERATION ACCOUNT DE- and Mr. DORGAN) submitted an amend- lowing: FINED. ment intended to be proposed by him SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- In this subtitle, the term ‘‘Defense Co- to the bill S. 1438, to authorize appro- ING. operation Account’’ means the Defense Co- priations for fiscal year 2002 for mili- Of the amount authorized to be appro- operation Account established under section priated by section 301(5), $5,000,000 may be 2608 of title 10, United States Code. tary activities of the Department of Defense, for military constructions, available for the training of members of the Armed Forces (including reserve component SA 1749. Mr. NELSON of Florida sub- and for defense activities of the De- personnel) in the management of the con- mitted an amendment intended to be partment of Energy, to prescribe per- sequences of an incident involving the use or proposed by him to the bill S. 1438, to sonnel strengths for such fiscal year threat of use of a weapon of mass destruc- authorize appropriations for fiscal year for the Armed Forces, and for other tion.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18180 CONGRESSIONAL RECORD—SENATE October 1, 2001 SA 1754. Mr. ALLARD submitted an that occur after the date of enactment of tions for Federal office occurring during a amendment intended to be proposed by this Act. year, any otherwise valid absentee ballot ap- him to the bill S. 1438, to authorize ap- SEC. 573. GUARANTEE OF RESIDENCY FOR MILI- plication from an absent uniformed services propriations for fiscal year 2002 for TARY PERSONNEL. voter or overseas voter if a single application Article VII of the Soldiers’ and Sailors’ for any such election is received by the ap- military activities of the Department Civil Relief Act of 1940 (50 U.S.C. App. 590 et propriate State election official not less of Defense, for military constructions, seq.) is amended by adding at the end the fol- than 30 days before the first election for Fed- and for defense activities of the De- lowing: eral office occurring during the year.’’. partment of Energy, to prescribe per- ‘‘SEC. 704. (a) For purposes of voting for any Federal office (as defined in section 301 SEC. 577. ELECTRONIC VOTING DEMONSTRATION sonnel strengths for such fiscal year PROJECT. for the Armed Forces, and for other of the Federal Election Campaign Act of 1971 purposes; which was ordered to lie on (2 U.S.C. 431)) or a State or local office, a (a) ESTABLISHMENT OF DEMONSTRATION person who is absent from a State in compli- PROJECT.— the table; as follows: ance with military or naval orders shall not, (1) IN GENERAL.—Subject to paragraph (2), On page 147, beginning with line 13 strike solely by reason of that absence— the Secretary of Defense shall carry out a through page 154, line 16 and insert the fol- ‘‘(1) be deemed to have lost a residence or demonstration project under which absent lowing: domicile in that State, without regard to uniformed services voters (as defined in sec- Subtitle F—Uniformed Services Overseas whether or not the person intends to return tion 107(1) of the Uniformed and Overseas Voting to that State; Citizens Absentee Voting Act (42 U.S.C. SEC. 571. SENSE OF THE SENATE REGARDING ‘‘(2) be deemed to have acquired a resi- 1973ff–6(1))) are permitted to cast ballots in THE IMPORTANCE OF VOTING BY dence or domicile in any other State; or the regularly scheduled general election for MEMBERS OF THE UNIFORMED ‘‘(3) be deemed to have become a resident Federal office for November 2002, through an SERVICES. in or a resident of any other State. electronic voting system. (a) SENSE OF THE SENATE.—It is the sense ‘‘(b) In this section, the term ‘State’ in- (2) AUTHORITY TO DELAY IMPLEMENTATION.— of the Senate that each administrator of a cludes a territory or possession of the United If the Secretary of Defense determines that Federal, State, or local election should— States, a political subdivision of a State, ter- the implementation of the demonstration (1) be aware of the importance of the abil- ritory, or possession, and the District of Co- project under paragraph (1) with respect to ity of each uniformed services voter to exer- lumbia.’’. the regularly scheduled general election for cise their right to vote; and SEC. 574. EXTENSION OF REGISTRATION AND Federal office for November 2002 may ad- (2) perform their duties with the intent to BALLOTING RIGHTS FOR ABSENT versely affect the national security of the ensure that— UNIFORMED SERVICES VOTERS TO United States, the Secretary may delay the (A) each uniformed services voter receives STATE AND LOCAL ELECTIONS. implementation of such demonstration the utmost consideration and cooperation (a) IN GENERAL.—Section 102 of the Uni- project until the regularly scheduled general when voting; and formed and Overseas Citizens Absentee Vot- election for Federal office for November 2004 (B) each valid ballot cast by such a voter is ing Act (42 U.S.C. 1973ff–1), as amended by duly counted. section 572(a)(1), is further amended by in- (b) COORDINATION WITH STATE ELECTION OF- (b) UNIFORMED SERVICES VOTER DEFINED.— serting after subsection (a) the following new FICIALS.—To the greatest extent practicable, In this section, the term ‘‘uniformed services subsection: the Secretary of Defense shall carry out the voter’’ means— ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- demonstration project under this section (1) a member of a uniformed service (as de- FICES.—Each State shall— through cooperative agreements with State fined in section 101(a)(5) of title 10, United ‘‘(1) permit absent uniformed services vot- election officials. States Code) in active service; ers to use absentee registration procedures (c) REPORT TO CONGRESS.—Not later than (2) a member of the merchant marine (as and vote by absentee ballot in general, spe- June 1, 2003, the Secretary of Defense shall cial, primary, and runoff elections for State defined in section 107 of the Uniformed and submit a report to Congress analyzing the Overseas Citizens Absentee Voting Act (42 and local offices; and demonstration project conducted under this U.S.C. 1973ff–6)); and ‘‘(2) accept and process, with respect to section, and shall include in the report any (3) a spouse or dependent of a member re- any election described in paragraph (1), any recommendations the Secretary of Defense ferred to in subparagraph (A) or (B) who is otherwise valid voter registration applica- considers appropriate for continuing the qualified to vote. tion from an absent uniformed services voter project on an expanded basis during the next SEC. 572. STANDARD FOR INVALIDATION OF BAL- if the application is received by the appro- LOTS CAST BY ABSENT UNIFORMED priate State election official not less than 30 regularly scheduled general election for Fed- SERVICES VOTERS IN FEDERAL days before the date of the election.’’. eral office. ELECTIONS. (b) CONFORMING AMENDMENT.—The heading SEC. 578. FEDERAL VOTING ASSISTANCE PRO- (a) IN GENERAL.—Section 102 of the Uni- for title I of such Act is amended by striking GRAM. formed and Overseas Citizens Absentee Vot- ‘‘FOR FEDERAL OFFICE’’. (a) IN GENERAL.—The Secretary of Defense ing Act (42 U.S.C. 1973ff–1) is amended— SEC. 575. USE OF SINGLE APPLICATION AS A SI- (1) by striking ‘‘Each State’’ and inserting MULTANEOUS ABSENTEE VOTER shall promulgate regulations to require each ‘‘(a) IN GENERAL.—Each State’’; and REGISTRATION APPLICATION AND of the Armed Forces to ensure their compli- (2) by adding at the end the following: ABSENTEE BALLOT APPLICATION. ance with any directives issued by the Sec- ‘‘(c) STANDARDS FOR INVALIDATION OF CER- Subsection (a) of section 102 of the Uni- retary of Defense in implementing the Fed- TAIN BALLOTS.— formed and Overseas Citizens Absentee Vot- eral Voting Assistance Program (referred to ‘‘(1) IN GENERAL.—A State may not refuse ing Act (42 U.S.C. 1973ff–1), as redesignated in this section as the ‘‘Program’’) or any to count a ballot submitted in an election for by section 572(a)(1), is amended— similar program. Federal office by an absent uniformed serv- (1) by striking ‘‘and’’ at the end of para- (b) REVIEW AND REPORT.—(1) The Inspector ices voter solely— graph (2); General of each of the Armed Forces shall— ‘‘(A) on the grounds that the ballot— (2) by striking the period at the end of (A) conduct an annual review of the effec- ‘‘(i) lacked a witness signature, an address, paragraph (3) and inserting a semicolon; and tiveness of the Program or any similar pro- or a postmark; or (3) by inserting after paragraph (3) the fol- gram; ‘‘(ii) did not display the proper postmark; lowing new paragraph (4): (B) conduct an annual review of the com- or ‘‘(4) accept and process the official post pliance with the Program or any similar pro- ‘‘(B) on the basis of a comparison of signa- card form (prescribed under section 101) as a gram of the branch; and tures on ballots, envelopes, or registration simultaneous absentee voter registration ap- (C) submit an annual report to the Inspec- forms. plication and absentee ballot application; tor General of the Department of Defense on ‘‘(2) NO EFFECT ON FILING DEADLINES UNDER and’’. the results of the reviews under subpara- STATE LAW.—Nothing in this subsection may SEC. 576. USE OF SINGLE APPLICATION FOR AB- graphs (A) and (B). be construed to affect the application to bal- SENTEE BALLOTS FOR ALL FEDERAL lots submitted by absent uniformed services ELECTIONS. (2) Not later than March 31, 2003, and annu- voters of any ballot submission deadline ap- Subsection (a) of section 102 of the Uni- ally thereafter, the Inspector General of the plicable under State law.’’. formed and Overseas Citizens Absentee Vot- Department of Defense shall submit a report (b) EFFECTIVE DATE.—The amendments ing Act (42 U.S.C. 1973ff–1), as amended by to Congress on— made by subsection (a) shall apply with re- section 575, is further amended by inserting (A) the effectiveness of the Program or any spect to ballots described in section 102(c) of after paragraph (4) the following new para- similar program; and the Uniformed and Overseas Citizens Absen- graph (5): (B) the level of compliance with the Pro- tee Voting Act (as added by such subsection) ‘‘(5) accept and process, with respect to all gram or any similar program of the branches that are submitted with respect to elections general, special, primary, and runoff elec- of the Armed Forces.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18181 SEC. 579. USE OF BUILDINGS ON MILITARY IN- Statutes (42 U.S.C. 1972) is amended by add- designee suggesting a modification in the STALLATIONS AND RESERVE COM- ing at the end the following: ‘‘Making a mili- laws of a State for the purpose of maxi- PONENT FACILITIES AS POLLING tary installation or reserve component facil- mizing the access to the polls of absent uni- PLACES. ity available as a polling place in a Federal, formed services voters and overseas voters, (a) USE OF MILITARY INSTALLATIONS AU- State, or local election for public office in including each recommendation made under THORIZED.—Section 2670 of title 10, United accordance with section 2670(b), 18235, or section 104 of the Uniformed and Overseas States Code, is amended— 18236 of title 10, United States Code, shall be Citizens Absentee Voting Act (42 U.S.C. (1) by striking ‘‘Under’’ and inserting ‘‘(a) deemed to be consistent with this section.’’. 1973ff–3). USE BY RED CROSS.—Under’’; (e) CLERICAL AMENDMENTS.—(1) The head- (2) The term ‘‘Presidential designee’’ (2) by striking ‘‘this section’’ and inserting ing of section 2670 of title 10, United States means the head of the executive department ‘‘this subsection’’; and Code, is amended to read as follows: designated under section 101 of the Uni- (3) by adding at the end the following: ‘‘§ 2670. Buildings on military installations: formed and Overseas Citizens Absentee Vot- ‘‘(b) USE AS POLLING PLACES.—(1) Notwith- use by American National Red Cross and as ing Act (42 U.S.C. 1973ff). standing chapter 29 of title 18 (including sec- polling places in Federal, State, and local tions 592 and 593 of such title), the Secretary elections’’. of a military department may make a build- SA 1755. Mr. ALLARD submitted an (2) The item relating to such section in the ing located on a military installation under amendment intended to be proposed by table of sections at the beginning of chapter him to the bill S. 1438, to authorize ap- the jurisdiction of the Secretary available 159 of such title is amended to read as fol- for use by individuals who reside on that lows: propriations for fiscal year 2002 for military installation as a polling place in ‘‘2670. Buildings on military installations: military activities of the Department any Federal, State, or local election for pub- use by American National Red of Defense, for military constructions, lic office. Cross and as polling places in and for defense activities of the De- ‘‘(2) Once a military installation is made partment of Energy, to prescribe per- available as the site of a polling place with Federal, State, and local elec- respect to a Federal, State, or local election tions.’’. sonnel strengths for such fiscal year for public office, the Secretary shall con- SEC. 580. MAXIMIZATION OF ACCESS OF RE- for the Armed Forces, and for other CENTLY SEPARATED UNIFORMED purposes; which was ordered to lie on tinue to make the site available for subse- SERVICES VOTERS TO THE POLLS. quent elections for public office unless the (a) IN GENERAL.—For purposes of voting in the table; as follows: Secretary provides to Congress advance no- any primary, special, general, or runoff elec- On page 147, beginning with line 13 strike tice in a reasonable and timely manner of tion for Federal office (as defined in section through page 154, line 16 and insert the fol- the reasons why the site will no longer be 301 of the Federal Election Campaign Act of lowing: made available as a polling place. 1971 (2 U.S.C. 431)), each State shall, with re- ‘‘(3) In this section, the term ‘military in- Subtitle F—Uniformed Services Overseas spect to any recently separated uniformed Voting stallation’ has the meaning given the term services voter requesting to vote in the in section 2687(e) of this title.’’. State— SEC. 571. SENSE OF THE SENATE REGARDING (b) USE OF RESERVE COMPONENT FACILI- THE IMPORTANCE OF VOTING BY (1) deem the voter to be a resident of the MEMBERS OF THE UNIFORMED TIES.—(1) Section 18235 of title 10, United State; States Code, is amended by adding at the end SERVICES. (2) waive any requirement relating to any (a) SENSE OF THE SENATE.—It is the sense the following new subsection: period of residence or domicile in the State ‘‘(c) Pursuant to a lease or other agree- of the Senate that each administrator of a for purposes of registering to vote or voting ment under subsection (a)(2), the Secretary Federal, State, or local election should— in that State; may make a facility covered by subsection (1) be aware of the importance of the abil- (3) accept and process, with respect to any (a) available for use as a polling place in any ity of each uniformed services voter to exer- primary, special, general, or runoff election, Federal, State, or local election for public cise their right to vote; and any otherwise valid voter registration appli- office notwithstanding chapter 29 of title 18 (2) perform their duties with the intent to cation from the voter on the day of the elec- (including sections 592 and 593 of such title). ensure that— tion; and Once a facility is made available as the site (A) each uniformed services voter receives (4) permit the voter to vote in that elec- of a polling place with respect to an election the utmost consideration and cooperation tion. when voting; and for public office, the Secretary shall con- (b) DEFINITIONS.—In this section: tinue to make the facility available for sub- (B) each valid ballot cast by such a voter is (1) The term ‘‘State’’ means a State of the duly counted. sequent elections for public office unless the United States, the District of Columbia, the (b) UNIFORMED SERVICES VOTER DEFINED.— Secretary provides to Congress advance no- Commonwealth of Puerto Rico, or a terri- tice in a reasonable and timely manner of In this section, the term ‘‘uniformed services tory or possession of the United States. voter’’ means— the reasons why the facility will no longer be (2) The term ‘‘recently separated uni- made available as a polling place.’’. (1) a member of a uniformed service (as de- formed services voter’’ means any individual fined in section 101(a)(5) of title 10, United (2) Section 18236 of such title is amended that was a uniformed services voter (as de- by adding at the end the following: States Code) in active service; fined in section 571(b)) on the date that is 60 (2) a member of the merchant marine (as ‘‘(e) Pursuant to a lease or other agree- days before the date on which the individual ment under subsection (c)(1), a State may defined in section 107 of the Uniformed and seeks to vote and who— Overseas Citizens Absentee Voting Act (42 make a facility covered by subsection (c) (A) presents to the election official Depart- available for use as a polling place in any U.S.C. 1973ff–6)); and ment of Defense form 214 evidencing their (3) a spouse or dependent of a member re- Federal, State, or local election for public former status as such a voter, or any other office notwithstanding chapter 29 of title 18 ferred to in subparagraph (A) or (B) who is official proof of such status; qualified to vote. (including sections 592 and 593 of such (B) is no longer such a voter; and title).’’. (C) is otherwise qualified to vote. SEC. 572. STANDARD FOR INVALIDATION OF BAL- (c) CONFORMING AMENDMENTS TO TITLE 18.— LOTS CAST BY ABSENT UNIFORMED (1) Section 592 of title 18, United States Code, SEC. 580A. GOVERNORS’ REPORTS ON IMPLEMEN- SERVICES VOTERS IN FEDERAL TATION OF FEDERAL VOTING AS- ELECTIONS. is amended by adding at the end the fol- SISTANCE PROGRAM RECOMMENDA- lowing: TIONS. (a) IN GENERAL.—Section 102 of the Uni- ‘‘This section shall not prohibit the use of (a) REPORTS.—Not later than 90 days after formed and Overseas Citizens Absentee Vot- buildings located on military installations, the date on which a State receives a legisla- ing Act (42 U.S.C. 1973ff–1) is amended— or the use of reserve component facilities, as tive recommendation, the State shall submit (1) by striking ‘‘Each State’’ and inserting polling places in Federal, State, and local a report on the status of the implementation ‘‘(a) IN GENERAL.—Each State’’; and elections for public office in accordance with of that recommendation to the Presidential (2) by adding at the end the following: section 2670(b), 18235, or 18236 of title 10.’’. designee and to each Member of Congress ‘‘(c) STANDARDS FOR INVALIDATION OF CER- (2) Section 593 of such title is amended by that represents that State. TAIN BALLOTS.— adding at the end the following: (b) PERIOD OF APPLICABILITY.—This section ‘‘(1) IN GENERAL.—A State may not refuse ‘‘This section shall not prohibit the use of applies with respect to legislative rec- to count a ballot submitted in an election for buildings located on military installations, ommendations received by States during the Federal office by an absent uniformed serv- or the use of reserve component facilities, as period beginning on the date of enactment of ices voter solely— polling places in Federal, State, and local this Act and ending three years after such ‘‘(A) on the grounds that the ballot— elections for public office in accordance with date. ‘‘(i) lacked a witness signature, an address, section 2670(b), 18235, or 18236 of title 10.’’. (c) DEFINITIONS.—In this section: or a postmark; or (d) CONFORMING AMENDMENT TO VOTING (1) The term ‘‘legislative recommendation’’ ‘‘(ii) did not display the proper postmark; RIGHTS LAW.—Section 2003 of the Revised means a recommendation of the Presidential or

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 18182 CONGRESSIONAL RECORD—SENATE October 1, 2001 ‘‘(B) on the basis of a comparison of signa- simultaneous absentee voter registration ap- (2) Not later than March 31, 2003, and annu- tures on ballots, envelopes, or registration plication and absentee ballot application; ally thereafter, the Inspector General of the forms. and’’. Department of Defense shall submit a report ‘‘(2) NO EFFECT ON FILING DEADLINES UNDER SEC. 576. USE OF SINGLE APPLICATION FOR AB- to Congress on— STATE LAW.—Nothing in this subsection may SENTEE BALLOTS FOR ALL FEDERAL (A) the effectiveness of the Program or any be construed to affect the application to bal- ELECTIONS. similar program; and lots submitted by absent uniformed services Subsection (a) of section 102 of the Uni- (B) the level of compliance with the Pro- voters of any ballot submission deadline ap- formed and Overseas Citizens Absentee Vot- gram or any similar program of the branches plicable under State law.’’. ing Act (42 U.S.C. 1973ff–1), as amended by of the Armed Forces. (b) EFFECTIVE DATE.—The amendments section 575, is further amended by inserting SEC. 579. MAXIMIZATION OF ACCESS OF RE- made by subsection (a) shall apply with re- after paragraph (4) the following new para- CENTLY SEPARATED UNIFORMED spect to ballots described in section 102(c) of graph (5): SERVICES VOTERS TO THE POLLS. the Uniformed and Overseas Citizens Absen- ‘‘(5) accept and process, with respect to all (a) IN GENERAL.—For purposes of voting in tee Voting Act (as added by such subsection) general, special, primary, and runoff elec- any primary, special, general, or runoff elec- that are submitted with respect to elections tions for Federal office occurring during a tion for Federal office (as defined in section that occur after the date of enactment of year, any otherwise valid absentee ballot ap- 301 of the Federal Election Campaign Act of this Act. plication from an absent uniformed services 1971 (2 U.S.C. 431)), each State shall, with re- SEC. 573. GUARANTEE OF RESIDENCY FOR MILI- voter or overseas voter if a single application spect to any recently separated uniformed TARY PERSONNEL. for any such election is received by the ap- services voter requesting to vote in the Article VII of the Soldiers’ and Sailors’ propriate State election official not less State— Civil Relief Act of 1940 (50 U.S.C. App. 590 et than 30 days before the first election for Fed- (1) deem the voter to be a resident of the seq.) is amended by adding at the end the fol- eral office occurring during the year.’’. State; lowing: SEC. 577. ELECTRONIC VOTING DEMONSTRATION (2) waive any requirement relating to any ‘‘SEC. 704. (a) For purposes of voting for PROJECT. period of residence or domicile in the State any Federal office (as defined in section 301 (a) ESTABLISHMENT OF DEMONSTRATION for purposes of registering to vote or voting of the Federal Election Campaign Act of 1971 PROJECT.— in that State; (2 U.S.C. 431)) or a State or local office, a (1) IN GENERAL.—Subject to paragraph (2), (3) accept and process, with respect to any person who is absent from a State in compli- the Secretary of Defense shall carry out a primary, special, general, or runoff election, ance with military or naval orders shall not, demonstration project under which absent any otherwise valid voter registration appli- solely by reason of that absence— uniformed services voters (as defined in sec- cation from the voter on the day of the elec- ‘‘(1) be deemed to have lost a residence or tion 107(1) of the Uniformed and Overseas tion; and domicile in that State, without regard to Citizens Absentee Voting Act (42 U.S.C. (4) permit the voter to vote in that elec- whether or not the person intends to return 1973ff–6(1))) are permitted to cast ballots in tion. (b) DEFINITIONS.—In this section: to that State; the regularly scheduled general election for (1) The term ‘‘State’’ means a State of the ‘‘(2) be deemed to have acquired a resi- Federal office for November 2002, through an United States, the District of Columbia, the dence or domicile in any other State; or electronic voting system. Commonwealth of Puerto Rico, or a terri- ‘‘(3) be deemed to have become a resident (2) AUTHORITY TO DELAY IMPLEMENTATION.— tory or possession of the United States. in or a resident of any other State. If the Secretary of Defense determines that (2) The term ‘‘recently separated uni- ‘‘(b) In this section, the term ‘State’ in- the implementation of the demonstration cludes a territory or possession of the United formed services voter’’ means any individual project under paragraph (1) with respect to States, a political subdivision of a State, ter- that was a uniformed services voter (as de- the regularly scheduled general election for ritory, or possession, and the District of Co- fined in section 571(b)) on the date that is 60 Federal office for November 2002 may ad- lumbia.’’. days before the date on which the individual versely affect the national security of the SEC. 574. EXTENSION OF REGISTRATION AND seeks to vote and who— United States, the Secretary may delay the BALLOTING RIGHTS FOR ABSENT (A) presents to the election official Depart- UNIFORMED SERVICES VOTERS TO implementation of such demonstration ment of Defense form 214 evidencing their STATE AND LOCAL ELECTIONS. project until the regularly scheduled general former status as such a voter, or any other (a) IN GENERAL.—Section 102 of the Uni- election for Federal office for November 2004 official proof of such status; (b) COORDINATION WITH STATE ELECTION OF- formed and Overseas Citizens Absentee Vot- (B) is no longer such a voter; and FICIALS.—To the greatest extent practicable, ing Act (42 U.S.C. 1973ff–1), as amended by (C) is otherwise qualified to vote. the Secretary of Defense shall carry out the section 572(a)(1), is further amended by in- SEC. 580. GOVERNORS’ REPORTS ON IMPLEMEN- serting after subsection (a) the following new demonstration project under this section TATION OF FEDERAL VOTING AS- subsection: through cooperative agreements with State SISTANCE PROGRAM RECOMMENDA- ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- election officials. TIONS. FICES.—Each State shall— (c) REPORT TO CONGRESS.—Not later than (a) REPORTS.—Not later than 90 days after ‘‘(1) permit absent uniformed services vot- June 1, 2003, the Secretary of Defense shall the date on which a State receives a legisla- ers to use absentee registration procedures submit a report to Congress analyzing the tive recommendation, the State shall submit and vote by absentee ballot in general, spe- demonstration project conducted under this a report on the status of the implementation cial, primary, and runoff elections for State section, and shall include in the report any of that recommendation to the Presidential and local offices; and recommendations the Secretary of Defense designee and to each Member of Congress ‘‘(2) accept and process, with respect to considers appropriate for continuing the that represents that State. any election described in paragraph (1), any project on an expanded basis during the next (b) PERIOD OF APPLICABILITY.—This section otherwise valid voter registration applica- regularly scheduled general election for Fed- applies with respect to legislative rec- tion from an absent uniformed services voter eral office. ommendations received by States during the if the application is received by the appro- SEC. 578. FEDERAL VOTING ASSISTANCE PRO- period beginning on the date of enactment of priate State election official not less than 30 GRAM. this Act and ending three years after such days before the date of the election.’’. (a) IN GENERAL.—The Secretary of Defense date. (b) CONFORMING AMENDMENT.—The heading shall promulgate regulations to require each (c) DEFINITIONS.—In this section: for title I of such Act is amended by striking of the Armed Forces to ensure their compli- (1) The term ‘‘legislative recommendation’’ ‘‘FOR FEDERAL OFFICE’’. ance with any directives issued by the Sec- means a recommendation of the Presidential SEC. 575. USE OF SINGLE APPLICATION AS A SI- retary of Defense in implementing the Fed- designee suggesting a modification in the MULTANEOUS ABSENTEE VOTER eral Voting Assistance Program (referred to laws of a State for the purpose of maxi- REGISTRATION APPLICATION AND in this section as the ‘‘Program’’) or any mizing the access to the polls of absent uni- ABSENTEE BALLOT APPLICATION. similar program. formed services voters and overseas voters, Subsection (a) of section 102 of the Uni- (b) REVIEW AND REPORT.—(1) The Inspector including each recommendation made under formed and Overseas Citizens Absentee Vot- General of each of the Armed Forces shall— section 104 of the Uniformed and Overseas ing Act (42 U.S.C. 1973ff–1), as redesignated (A) conduct an annual review of the effec- Citizens Absentee Voting Act (42 U.S.C. by section 572(a)(1), is amended— tiveness of the Program or any similar pro- 1973ff–3). (1) by striking ‘‘and’’ at the end of para- gram; (2) The term ‘‘Presidential designee’’ graph (2); (B) conduct an annual review of the com- means the head of the executive department (2) by striking the period at the end of pliance with the Program or any similar pro- designated under section 101 of the Uni- paragraph (3) and inserting a semicolon; and gram of the branch; and formed and Overseas Citizens Absentee Vot- (3) by inserting after paragraph (3) the fol- (C) submit an annual report to the Inspec- ing Act (42 U.S.C. 1973ff). lowing new paragraph (4): tor General of the Department of Defense on ‘‘(4) accept and process the official post the results of the reviews under subpara- SA 1756. Mr. KYL submitted an card form (prescribed under section 101) as a graphs (A) and (B). amendment intended to be proposed by

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.001 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18183 him to the bill S. 1438, to authorize ap- SEC. 2901. AUTHORITY TO CARRY OUT BASE CLO- (i) in the first sentence, by inserting ‘‘and propriations for fiscal year 2002 for SURE ROUND IN 2005. by no later than February 15, 2004, for pur- (a) COMMISSION MATTERS.— military activities of the Department poses of activities of the Commission under (1) APPOINTMENT.—Section 2902(c)(1) of the of Defense, for military constructions, this part in 2005,’’ after ‘‘February 15, 1991,’’; Defense Base Closure and Realignment Act and and for defense activities of the De- of 1990 (part A of title XXIX of Public Law (ii) in the second sentence, by inserting ‘‘, partment of Energy, to prescribe per- 101–510; 10 U.S.C. 2687 note) is amended— or enacted on or before March 31, 2004, in the sonnel strengths for such fiscal year (A) in subparagraph (B)— case of criteria published and transmitted for the Armed Forces, and for other (i) by striking ‘‘and’’ at the end of clause under the preceding sentence in 2004’’ after purposes; which was ordered to lie on (ii); ‘‘March 15, 1991’’. the table; as follows: (ii) by striking the period at the end of (3) DEPARTMENT OF DEFENSE RECOMMENDA- clause (iii) and inserting ‘‘; and’’; and TIONS.—Section 2903(c)(1) of that Act is At the end of subtitle B of title XII, add (iii) by adding at the end the following new amended by striking ‘‘and March 1, 1995’’ and the following: clause: inserting ‘‘March 1, 1995, and March 14, 2005’’. SEC. 1217. DEVELOPMENT AND IMPLEMENTA- ‘‘(iv) by no later than January 24, 2005, in (4) COMMISSION REVIEW AND RECOMMENDA- TION OF KEY LIST OF TECHNOLOGY the case of members of the Commission TIONS.—Section 2903(d) of that Act is amend- TO STRENGTHEN EXPORT CON- whose terms will expire at the end of the TROLS. ed— first session of the 109th Congress.’’; and (a) IN GENERAL.—Notwithstanding any (A) in paragraph (2)(A), by inserting ‘‘or by (B) in subparagraph (C), by striking ‘‘or for other provision of law, not later than 90 days no later than July 7 in the case of rec- 1995 in clause (iii) of such subparagraph’’ and after the date of the enactment of this Act, ommendations in 2005,’’ after ‘‘pursuant to inserting ‘‘, for 1995 in clause (iii) of that the Secretary of Defense shall complete the subsection (c),’’; subparagraph, or for 2005 in clause (iv) of assessment described in subsection (b) which (B) in paragraph (4), by inserting ‘‘or after that subparagraph’’. shall be the basis for the development of a July 7 in the case of recommendations in (2) MEETINGS.—Section 2902(e) of that Act Key List of technology and for implementing 2005,’’ after ‘‘under this subsection,’’; and is amended by striking ‘‘and 1995’’ and in- (C) in paragraph (5)(B), by inserting ‘‘or by an export control program that is aimed at serting ‘‘1995, and 2005’’. preventing attempts by the People’s Repub- no later than May 1 in the case of such rec- (3) FUNDING.—Section 2902(k) of that Act is ommendations in 2005,’’ after ‘‘such rec- lic of China to acquire certain technology. amended by adding at the end the following (b) ASSESSMENT DESCRIBED.— ommendations,’’. new paragraph (4): (5) REVIEW BY PRESIDENT.—Section 2903(e) (1) IN GENERAL.—The Assessment per- ‘‘(4) If no funds are appropriated to the formed by the Secretary of Defense shall in- of that Act is amended— Commission by the end of the second session (A) in paragraph (1), by inserting ‘‘or by no clude an assessment of— of the 108th Congress for the activities of the (A) efforts by the People’s Republic of later than July 22 in the case of rec- Commission in 2005, the Secretary may ommendations in 2005,’’ after ‘‘under sub- China to acquire certain technology; transfer to the Commission for purposes of (B) how the military strategy of the Peo- section (d),’’; its activities under this part in that year (B) in the second sentence of paragraph (3), ple’s Republic of China relates to its tech- such funds as the Commission may require by inserting ‘‘or by no later than August 18 nology requirements; and to carry out such activities. The Secretary in the case of 2005,’’ after ‘‘the year con- (C) the impact the technology require- may transfer funds under the preceding sen- cerned,’’; and ments and military strategy of the People’s tence from any funds available to the Sec- (C) in paragraph (5), by inserting ‘‘or by Republic of China have on the ability of the retary. Funds so transferred shall remain September 3 in the case of recommendations United States to protect the Pacific area and available to the Commission for such pur- in 2005,’’ after ‘‘under this part,’’. the national interest of the United States poses until expended.’’. (c) RELATIONSHIP TO OTHER BASE CLOSURE and its allies. (4) TERMINATION.—Section 2902(l) of that (2) DEVELOPMENT OF KEY LIST OF TECH- Act is amended by striking ‘‘December 31, AUTHORITY.—Section 2909(a) of that Act is NOLOGY.—After performing the assessment 1995’’ and inserting ‘‘December 31, 2005’’. amended by striking ‘‘December 31, 1995,’’ described in paragraph (1), the Secretary of (b) PROCEDURES.— and inserting ‘‘December 31, 2005, or a later Defense, in consultation with the Secretary, (1) FORCE-STRUCTURE PLAN.—Section date specified by the President under section shall develop a Key List of technology aimed 2903(a) of that Act is amended— 2903A(b)(2) if a deadline under section 2902 or at safeguarding against attempts by the Peo- (A) by redesignating paragraphs (2) and (3) 2903 is postponed by the President under sec- ple’s Republic of China to acquire items on as paragraphs (3) and (4), respectively; tion 2903A(a),’’. the Key List and at protecting the national (B) by inserting after paragraph (1) the fol- SEC. 2902. BASE CLOSURE ACCOUNT 2005. security interest of the United States and its lowing new paragraph (2): (a) ESTABLISHMENT.—The Defense Base Clo- allies. ‘‘(2)(A) As part of the budget justification sure and Realignment Act of 1990 (part A of (c) STRENGTHENING EXPORT CONTROLS.— documents submitted to Congress in support title XXIX of Public Law 101–510; 10 U.S.C. The Secretary shall strengthen export con- of the budget for the Department of Defense 2687 note) is amended by inserting after sec- trol processes and peer review to prevent the for fiscal year 2005, the Secretary shall in- tion 2906 the following new section: transfer of Key List technologies and shall clude a force-structure plan for the Armed ‘‘SEC. 2906A. BASE CLOSURE ACCOUNT 2005. coordinate all of the Department of Com- Forces based on the probable threats to the merce’s export control measures with the national security during the twenty-year pe- ‘‘(a) IN GENERAL.—(1) There is hereby es- Department of Defense, Department of riod beginning with fiscal year 2005. tablished on the books of the Treasury an ac- State, Department of Energy, and the Cen- ‘‘(B) The Secretary may revise the force- count to be known as the ‘Department of De- tral Intelligence Agency. structure plan submitted under subpara- fense Base Closure Account 2005’ (in this sec- tion referred to as the ‘Account’). The Ac- (d) INTERNATIONAL COOPERATION.—The Sec- graph (A). If the Secretary revises the force- retary of State shall implement an inter- structure plan, the Secretary shall submit count shall be administered by the Secretary national program to gain cooperation from the revised force-structure plan to Congress as a single account. other countries to prevent the export or as part of the budget justification documents ‘‘(2) There shall be deposited into the Ac- transfer of Key List technologies to the Peo- submitted to Congress in support of the count— ple’s Republic of China. budget for the Department of Defense for fis- ‘‘(A) funds authorized for and appropriated cal year 2006.’’; and to the Account; SA 1757. Mrs. HUTCHISON submitted (C) in paragraph (3), as redesignated by ‘‘(B) any funds that the Secretary may, an amendment intended to be proposed subparagraph (A) of this paragraph— subject to approval in an appropriation Act, (i) in the matter preceding subparagraph transfer to the Account from funds appro- by her to the bill S. 1438, to authorize (A), by striking ‘‘Such plan’’ and inserting priated to the Department of Defense for any appropriations for fiscal year 2002 for ‘‘Each force-structure plan under this sub- purpose, except that such funds may be military activities of the Department section’’; and transferred only after the date on which the of Defense, for military constructions, (ii) in subparagraph (A), by striking ‘‘re- Secretary transmits written notice of, and and for defense activities of the De- ferred to in paragraph (1)’’ and inserting ‘‘on justification for, such transfer to the con- partment of Energy, to prescribe per- which such force-structure plan is based’’. gressional defense committees; and sonnel strengths for such fiscal year (2) SELECTION CRITERIA.—Section 2903(b) of ‘‘(C) except as provided in subsection (d), for the Armed Forces, and for other that Act is amended— proceeds received from the lease, transfer, or (A) in paragraph (1), by inserting ‘‘and by disposal of any property at a military instal- purposes; which was ordered to lie on no later than December 31, 2003, for purposes lation that is closed or realigned under this the table; as follows: of activities of the Commission under this part pursuant to a closure or realignment Strike sections 2901, 2902, and 2903 and in- part in 2005,’’ after ‘‘December 31, 1990,’’; and the date of approval of which is after Sep- sert the following: (B) in paragraph (2)(A)— tember 30, 2005.

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‘‘(3) The Account shall be closed at the ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY ‘‘SEC. 2906. BASE CLOSURE ACCOUNT 1990.’’. time and in the manner provided for appro- STORES AND PROPERTY PURCHASED WITH NON- SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE priation accounts under section 1555 of title APPROPRIATED FUNDS.—(1) If any real prop- CLOSURE AUTHORITIES. 31, United States Code. Unobligated funds erty or facility acquired, constructed, or im- (a) INCREASE IN MEMBERS OF COMMISSION.— which remain in the Account upon closure proved (in whole or in part) with commissary Section 2902(c)(1)(A) of the Defense Base Clo- shall be held by the Secretary of the Treas- store funds or nonappropriated funds is sure and Realignment Act of 1990 (part A of ury until transferred by law after the con- transferred or disposed of in connection with title XXIX of Public Law 101–510; 10 U.S.C. gressional defense committees receive the the closure or realignment of a military in- 2867 note) is amended by striking ‘‘eight final report transmitted under subsection stallation under this part the date of ap- members’’ and inserting ‘‘nine members’’. (c)(2). proval of closure or realignment of which is (b) SELECTION CRITERIA.—Section 2903(b) of ‘‘(b) USE OF FUNDS.—(1) The Secretary may after September 30, 2005, a portion of the pro- that Act is amended by adding at the end the use the funds in the Account only for the ceeds of the transfer or other disposal of following new paragraphs: purposes described in section 2905 with re- property on that installation shall be depos- ‘‘(3) The selection criteria shall ensure spect to military installations the date of ited in the reserve account established under that military value is the primary consider- approval of closure or realignment of which section 204(b)(7)(C) of the Defense Authoriza- ation in the making of recommendations for is after September 30, 2005. tion Amendments and Base Closure and Re- the closure or realignment of military in- ‘‘(2) When a decision is made to use funds alignment Act (10 U.S.C. 2687 note). stallations under this part. in the Account to carry out a construction ‘‘(2) The amount so deposited shall be ‘‘(4) Any selection criteria proposed by the project under section 2905(a) and the cost of equal to the depreciated value of the invest- Secretary relating to the cost savings or re- the project will exceed the maximum ment made with such funds in the acquisi- turn on investment from the proposed clo- amount authorized by law for a minor mili- tion, construction, or improvement of that sure or realignment of a military installa- tary construction project, the Secretary particular real property or facility. The de- tion shall take into account the effect of the shall notify in writing the congressional de- preciated value of the investment shall be proposed closure or realignment on the costs fense committees of the nature of, and jus- computed in accordance with regulations of any other Federal agency that may be re- tification for, the project and the amount of prescribed by the Secretary of Defense. quired to assume responsibility for activities at the military installation.’’. expenditures for such project. Any such con- ‘‘(3) The Secretary may use amounts in the (c) DEPARTMENT OF DEFENSE RECOMMENDA- struction project may be carried out without account (in such an aggregate amount as is TIONS TO COMMISSION.—Section 2903(c) of that regard to section 2802(a) of title 10, United provided in advance in appropriation Acts) Act is amended— States Code. for the purpose of acquiring, constructing, (1) by redesignating paragraphs (1), (2), (3), ‘‘(c) REPORTS.—(1)(A) No later than 60 days and improving— (4), (5), and (6) as paragraphs (2), (3), (4), (6), after the end of each fiscal year in which the ‘‘(A) commissary stores; and (7), and (8), respectively; Secretary carries out activities under this ‘‘(B) real property and facilities for non- (2) by inserting before paragraph (2), as so part using amounts in the Account, the Sec- appropriated fund instrumentalities. retary shall transmit a report to the con- redesignated, by the following new para- ‘‘(4) In this subsection, the terms ‘com- gressional defense committees of the amount graph (1): missary store funds’, ‘nonappropriated and nature of the deposits into, and the ex- ‘‘(1) The Secretary shall carry out a com- funds’, and ‘nonappropriated fund instrumen- penditures from, the Account during such prehensive review of the military installa- tality’ shall have the meaning given those fiscal year and of the amount and nature of tions of the Department of Defense inside terms in section 2906(d)(4). other expenditures made pursuant to section the United States based on the force-struc- 2905(a) during such fiscal year. ‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS ture plan submitted under subsection (a)(2), ‘‘(B) The report for a fiscal year shall in- FOR ENVIRONMENTAL RESTORATION and the final criteria transmitted under sub- clude the following: PROJECTS.—Except as provided in section section (b)(2), in 2004. The review shall cover ‘‘(i) The obligations and expenditures from 2906(e) with respect to funds in the Depart- every type of facility or other infrastructure the Account during the fiscal year, identified ment of Defense Base Closure Account 1990 operated by the Department of Defense.’’; by subaccount, for each military department under section 2906 and except for funds de- (3) in paragraph (4), as so redesignated— and Defense Agency. posited into the Account under subsection (A) by redesignating subparagraphs (B) and ‘‘(ii) The fiscal year in which appropria- (a), funds appropriated to the Department of (C) as subparagraphs (C) and (D), respec- tions for such expenditures were made and Defense may not be used for purposes de- tively; the fiscal year in which funds were obligated scribed in section 2905(a)(1)(C). The prohibi- (B) by inserting after subparagraph (A) the for such expenditures. tion in this subsection shall expire upon the following new subparagraph (B): ‘‘(iii) Each military construction project closure of the Account under subsection ‘‘(B) In considering military installations for which such obligations and expenditures (a)(3).’’. for closure or realignment under this part in were made, identified by installation and (b) CONFORMING AMENDMENTS.—Section any year after 2001, the Secretary shall con- project title. 2906 of that Act is amended— sider the anticipated continuing need for and ‘‘(iv) A description and explanation of the (1) in subsection (a)(2)(C), by inserting ‘‘the availability of military installations world- extent, if any, to which expenditures for date of approval of closure or realignment of wide. In evaluating the need for military in- military construction projects for the fiscal which is before September 30, 2005’’ after stallations inside the United States, the Sec- year differed from proposals for projects and ‘‘under this part’’; retary shall take into account current re- funding levels that were included in the jus- (2) in subsection (b)(1), by inserting ‘‘with strictions on the use of military installa- tification transmitted to Congress under sec- respect to military installations the date of tions outside the United States and the po- tion 2907(1), or otherwise, for the funding approval of closure or realignment of which tential for future prohibitions or restrictions proposals for the Account for such fiscal is before September 30, 2005,’’ after ‘‘section on the use of such military installations.’’; year, including an explanation of— 2905’’; and ‘‘(I) any failure to carry out military con- (3) in subsection (c)(2)— (C) in subparagraph (D), as so redesignated, struction projects that were so proposed; and (A) in the matter preceding subparagraph by striking ‘‘subparagraph (B)’’ and inserting ‘‘(II) any expenditures for military con- (A), by inserting ‘‘with respect to military ‘‘subparagraph (C)’’; struction projects that were not so proposed. installations the date of approval of closure (4) by inserting after paragraph (4), as so ‘‘(2) No later than 60 days after the termi- or realignment of which is before September redesignated, the following new paragraph nation of the authority of the Secretary to 30, 2005,’’ after ‘‘under this part’’; and (5): carry out a closure or realignment under (B) in subparagraph (A), by inserting ‘‘with ‘‘(5)(A) In making recommendations to the this part with respect to military installa- respect to such installations’’ after ‘‘under Commission under this subsection in any tions the date of approval of closure or re- this part’’; year after 2001, the Secretary shall consider alignment of which is after September 30, (4) in subsection (d)(1), by inserting ‘‘the any notice received from a local government 2005, and no later than 60 days after the clo- date of approval of closure or realignment of in the vicinity of a military installation that sure of the Account under subsection (a)(3), which is before September 30, 2005’’ after the government would approve of the closure the Secretary shall transmit to the congres- ‘‘under this part’’; and or realignment of the installation. sional defense committees a report con- (5) in subsection (e), by striking ‘‘Except ‘‘(B) Notwithstanding the requirement in taining an accounting of— for’’ and inserting ‘‘Except as provided in subparagraph (A), the Secretary shall make ‘‘(A) all the funds deposited into and ex- section 2906A(e) with respect to funds in the the recommendations referred to in that sub- pended from the Account or otherwise ex- Department of Defense Base Closure Account paragraph based on the force-structure plan pended under this part with respect to such 2001 under section 2906A and except for’’. and final criteria otherwise applicable to installations; and (c) CLERICAL AMENDMENT.—The section such recommendations under this section. ‘‘(B) any amount remaining in the Ac- heading of section 2906 of that Act is amend- ‘‘(C) The recommendations made by the count. ed to read as follows: Secretary under this subsection in any year

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18185 after 2001 shall include a statement of the re- charged non-Federal tenants leasing prop- military activities of the Department sult of the consideration of any notice de- erty at the installation for such services and of Defense, for military constructions, scribed in subparagraph (A) that is received maintenance. and for defense activities of the De- with respect to an installation covered by ‘‘(III) For purposes of this clause, facility partment of Energy, to prescribe per- such recommendations. The statement shall services and common area maintenance shall set forth the reasons for the result.’’; and not include municipal services that the sonnel strengths for such fiscal year (5) in paragraph (8), as so redesignated— State or local government concerned is re- for the Armed Forces, and for other (A) in the first sentence, by striking ‘‘para- quired by law to provide without direct purposes; which was ordered to lie on graph (5)(B)’’ and inserting ‘‘paragraph charge to landowners, or firefighting or secu- the table; as follows: (7)(B)’’; and rity-guard functions.’’. Insert at the appropriate place in the bill (B) in the second sentence, by striking ‘‘24 (2) TRANSFERS IN CONNECTION WITH PAYMENT the following new item: hours’’ and inserting ‘‘48 hours’’. OF ENVIRONMENTAL REMEDIATION.—Section The Secretary of the Navy may sell to a (d) COMMISSION CHANGES IN RECOMMENDA- 2905(e) of that Act is amended— person outside the Department of Defense ar- TIONS OF SECRETARY.—Section 2903(d)(2) of (A) in paragraph (1)(B), by adding at the ticles and services provided by the Naval that Act is amended— end the following new sentence: ‘‘The real Magazine, Indian Island facility that are not (1) in subparagraph (B), by striking ‘‘if’’ property and facilities referred to in sub- available from any United States commer- and inserting ‘‘only if’’; paragraph (A) are also the real property and cial source; Provided, That a sale pursuant to (2) in subparagraph (C)— facilities located at an installation approved this section shall conform to the require- (A) in clause (iii), by striking ‘‘and’’ at the for closure or realignment under this part ments of 10 U.S.C. section 2563 (c) and (d); end; after 2001 that are available for purposes and Provided further, That the proceeds from (B) in clause (iv), by striking the period at other than to assist the homeless.’’; the sales of articles and services under this the end and inserting ‘‘; and’’; and (B) in paragraph (2)(A), by striking ‘‘to be section shall be credited to operation and (C) by adding at the end the following new paid by the recipient of the property or fa- maintenance funds of the Navy, that are cur- clause: cilities’’ and inserting ‘‘otherwise to be paid rent when the proceeds are received. ‘‘(v) invites the Secretary to testify at a by the Secretary with respect to the prop- public hearing, or a closed hearing if classi- erty or facilities’’; SA 1760. Mr. REID (for himself, Mr. fied information is involved, on the proposed (C) by striking paragraph (6); HUTCHINSON, Mr. DASCHLE, Mr. BIDEN, change.’’; (D) by redesignating paragraphs (3), (4), Mr. BREAUX, Mr. HATCH, Mr. JOHNSON, (3) by redesignating subparagraph (E) as and (5) as paragraphs (4), (5), (6), respec- Mr. EDWARDS, Mr. SPECTER, Mr. subparagraph (F); and tively; and INOUYE, Mr. ROCKEFELLER, Ms. CANT- (4) by inserting after subparagraph (D) the (E) by inserting after paragraph (2) the fol- WELL, Mrs. HUTCHISON, Mr. DURBIN, Ms. following new subparagraph (E): lowing new paragraph (3): COLLINS, and Mr. DODD) submitted an ‘‘(E) In the case of a change not described ‘‘(3) In the case of property or facilities amendment intended to be proposed by in subparagraph (D) in the recommendations covered by a certification under paragraph made by the Secretary, the Commission may (2)(A), the Secretary may pay the recipient him to the bill S. 1438, to authorize ap- make the change only if the Commission— of such property or facilities an amount propriations for fiscal year 2002 for ‘‘(i) makes the determination required by equal to the lesser of— military activities of the Department subparagraph (B); ‘‘(A) the amount by which the costs in- of Defense, for military constructions, ‘‘(ii) determines that the change is con- curred by the recipient of such property or and for defense activities of the De- sistent with the force-structure plan and facilities for all environmental restoration, partment of Energy, to prescribe per- final criteria referred to in subsection (c)(1); waste, management, and environmental sonnel strengths for such fiscal year and compliance activities with respect to such for the Armed Forces, and for other ‘‘(iii) invites the Secretary to testify at a property or facilities exceed the fair market purposes; which was ordered to lie on public hearing, or a closed hearing if classi- value of such property or facilities as speci- fied information is involved, on the proposed fied in such certification; or the table; as follows: change.’’. ‘‘(B) the amount by which the costs (as de- Beginning on page 207, strike line 18 and (e) PRIVATIZATION IN PLACE.—Section termined by the Secretary) that would oth- all that follows through page 209, line 12, and 2904(a) of that Act is amended— erwise have been incurred by the Secretary insert the following: (1) by redesignating paragraphs (3) and (4) for such restoration, management, and ac- (d) EFFECTIVE DATE.—(1) The amendments as paragraphs (4) and (5), respectively; and tivities with respect to such property or fa- made by this section shall take effect on Oc- tober 1, 2002. (2) by inserting after paragraph (2) the fol- cilities exceed the fair market value of such (2) No benefits may be paid to any person lowing new paragraph (3): property or facilities as so specified.’’. by reason of section 1414 of title 10, United (3) SCOPE OF INDEMNIFICATION OF TRANS- ‘‘(3) carry out the privatization in place of States Code, as added by the amendment FEREES IN CONNECTION WITH PAYMENT OF ENVI- a military installation recommended for clo- made by subsection (a), for any period before RONMENTAL REMEDIATION.—Paragraph (6) of sure or realignment by the Commission in the effective date under paragraph (1). each such report after 2001 only if privatiza- section 2905(e) of that Act, as redesignated tion in place is a method of closure or re- by paragraph (1) of this subsection, is further SA 1761. Ms. LANDRIEU (for herself amended by inserting before the period the alignment of the installation specified in the and Mr. DOMENICI) submitted an following: ‘‘, except in the case of releases or recommendation of the Commission in such amendment intended to be proposed by report and is determined by the Commission threatened releases not disclosed pursuant to to be the most-cost effective method of im- paragraph (4)’’. her to the bill S. 1438, to authorize ap- plementation of the recommendation;’’. propriations for fiscal year 2002 for (f) IMPLEMENTATION.— SA 1758. Mr. STEVENS (for himself military activities of the Department (1) PAYMENT FOR CERTAIN SERVICES FOR and Mr. INOUYE) submitted an amend- of Defense, for military constructions, PROPERTY LEASED BACK BY THE UNITED ment intended to be proposed by him and for defense activities of the De- STATES.—Section 2905(b)(4)(E) of that Act is to the bill S. 1438, to authorize appro- partment of Energy, to prescribe per- amended— priations for fiscal year 2002 for mili- sonnel strengths for such fiscal year (1) in clause (iii), by striking ‘‘A lease’’ and tary activities of the Department of for the Armed Forces, and for other inserting ‘‘Except as provided in clause (v), a lease’’; and Defense, for military constructions, purposes; which was ordered to lie on (2) by adding at the end the following new and for defense activities of the De- the table; as follows: clause (v): partment of Energy, to prescribe per- At the end of subtitle C of section XXXI, ‘‘(v)(I) Notwithstanding clause (iii), a lease sonnel strengths for such fiscal year add the following: under clause (i) may require the United for the Armed Forces, and for other SEC. 3135. BIOFUSION RESEARCH. States to pay the redevelopment authority purposes; which was ordered to lie on Of the amounts authorized to be appro- concerned, or the assignee of the redevelop- the table; as follows: priated by section 3103(a) for the Department ment authority, for facility services and of Energy for other defense activities, common area maintenance provided for the On page 33, line 4, strike ‘‘$190,255,000’’ and $2,500,000 shall be available for the Office of leased property by the redevelopment au- insert ‘‘$230,255,000’’. Security and Emergency Operations of the thority or assignee, as the case may be. Department of Energy for biofusion research. ‘‘(II) The rate charged the United States SA 1759. Mr. STEVENS submitted an for services and maintenance provided by a amendment intended to be proposed by SA 1762. Mr. TORRICELLI (for him- redevelopment authority or assignee under him to the bill S. 1438, to authorize ap- self, Mr. CARPER, and Mr. CORZINE) sub- subclause (I) may not exceed the rate propriations for fiscal year 2002 for mitted an amendment intended to be

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18186 CONGRESSIONAL RECORD—SENATE October 1, 2001 proposed by him to the bill S. 1438, to amended by striking ‘‘a claim for pay, allow- of the United States and quality of life needs authorize appropriations for fiscal year ances, or payment for unused accrued leave of members. 2002 for military activities of the De- under title 37 or a claim for retired pay ‘‘(16) Any other priorities and issues that partment of Defense, for military con- under title 10’’ and inserting ‘‘a claim re- relate to the quality of life of members. ferred to in subsection (a)(1)(A)’’. ‘‘(17) The relationship of the quality of life structions, and for defense activities of (b) APPLICABILITY.—The amendment made priorities, issues, and actions with the na- the Department of Energy, to prescribe by subsection (a) shall apply with respect to tional security strategy set forth in the lat- personnel strengths for such fiscal year claims presented to the Secretary of Defense est national security strategy report under for the Armed Forces, and for other under section 3702 of title 31, United States section 108 of the National Security Act of purposes; which was ordered to lie on Code, on or after the date of the enactment 1947 (50 U.S.C. 404a). the table; as follows: of this Act. ‘‘(c) CONTENT.—The quadrennial quality of life review shall include the following mat- At the end of subtitle C of title X, add the SA 1765. Ms. LANDRIEU submitted following: ters: an amendment intended to be proposed ‘‘(1) The measures necessary to provide SEC. 1027. DEPARTMENT OF DEFENSE REPORT by her to the bill S. 1438, to authorize TO FEDERAL TRADE COMMISSION members of the armed forces with a quality ON ANTITRUST IMPLICATIONS OF appropriations for fiscal year 2002 for of life reasonably necessary to maximize MERGER INVOLVING NATIONAL military activities of the Department support and minimize distractions that af- SMOKELESS NITROCELLULOSE IN- of Defense, for military constructions, fect the will and capabilities of members of DUSTRY. and for defense activities of the De- the armed forces to execute successfully the Not later than 30 days after the date of the partment of Energy, to prescribe per- full range of missions called for in the na- enactment of this Act, the Department of tional defense strategy. Defense shall submit to the Federal Trade sonnel strengths for such fiscal year ‘‘(2) A full accounting of any backlog of Commission the views of the Department on for the Armed Forces, and for other maintenance and repair projects for housing the antitrust implications for the national purposes, which was ordered to lie on and facilities at military installations, to- smokeless nitrocellulose industry of a joint- the table, as follows: gether with an assessment of how conditions venture involving a national smokeless ni- At the end of subtitle C of title 10, add the of disrepair affect the performance and qual- trocellulose producer. following: ity of life of members and their families. SEC. 1027. QUADRENNIAL QUALITY OF LIFE RE- ‘‘(3) A budgetary plan setting forth the re- SA 1763. Mr. TORRICELLI (for him- VIEW. sources and schedules of actions necessary to self, Mr. CARPER, and Mr. CORZINE) sub- (a) REQUIREMENT FOR REVIEW.—Chapter 2 improve the quality of life for military per- mitted an amendment intended to be of title 10, United States Code, is amended by sonnel called on to carry out the national se- proposed by him to the bill S. 1438, to inserting after section 118 the following new curity strategy, including resources and authorize appropriations for fiscal year section: schedules for reducing and eliminating any 2002 for military activities of the De- ‘‘§ 118a. Quadrennial quality of life review backlog of maintenance and repair projects identified under paragraph (2). partment of Defense, for military con- ‘‘(a) POLICY.—The quality of life needs of members of the armed forces shall be a pri- ‘‘(d) REPORT TO CONGRESS.—The Secretary structions, and for defense activities of shall submit a report on each quadrennial the Department of Energy, to prescribe mary concern of the Secretary of Defense. ‘‘(b) REQUIREMENT FOR REVIEW.—(1) To de- quality of life review to the Committees on personnel strengths for such fiscal year termine the quality of life needs of members Armed Services of the Senate and House of for the Armed Forces, and for other and to express the primacy of those needs as Representatives. The report shall be sub- purposes; which was ordered to lie on a concern of the Department of Defense, the mitted not later than September 30 of the the table; as follows: Secretary of Defense shall every four years year in which the review is conducted. The At the end of subtitle E of title X, add the conduct a comprehensive examination of mo- report shall include the following: following: rale, welfare, and recreation activities of the ‘‘(1) The results of the review, including a comprehensive discussion of how the quality SEC. 1066. SENSE OF SENATE ON DEPARTMENT Department of Defense that affect the lives OF DEFENSE REGARDING ANTI- of members of the armed forces. The review of life of members of the armed forces affects TRUST IMPLICATIONS OF JOINT shall be known as the ‘quadrennial quality of military preparedness and readiness and the VENTURE TO PRODUCE PROPEL- life review’. execution of the national security strategy LANT AND PROPELLANT PRODUCTS. ‘‘(2) The review shall be conducted two of the United States. (a) FINDING.—The Senate finds that the years after the quadrennial defense review is ‘‘(2) The long term quality of life problems Federal Trade Commission has met with De- conducted under section 118 of this title. to be addressed by the armed forces, together partment of Defense personnel regarding the ‘‘(3) The Secretary shall conduct the re- with proposed remedies. potential antitrust implications of a joint view in consultation with the Chairman of ‘‘(3) The short term quality of life prob- venture to produce propellant and propellant the Joint Chiefs of Staff. lems to be addressed by the armed forces, to- products. ‘‘(c) CONSIDERATIONS.—In conducting the gether with proposed remedies. (b) SENSE OF SENATE.—It is the sense of the review, the Secretary shall consider the ‘‘(4) The assumptions used in the review. Senate that the Department of Defense quality of life priorities and issues relating ‘‘(5) The effects of quality of life issues on should express its views on the antitrust im- to the following matters: the morale of the members of the armed plications of the joint venture described in ‘‘(1) Infrastructure. forces. subsection 9a) to the Federal Trade Commis- ‘‘(2) Military construction. ‘‘(6) The quality of life issues that affect sion not later than 30 days after enactment ‘‘(3) Physical conditions at bases and facili- members of the reserve components, to- of this Act. ties. gether with proposed remedies. ‘‘(4) Budgetary plans. ‘‘(7) The percentage of defense spending SA 1764. Ms. LANDRIEU submitted ‘‘(5) Adequacy of medical care for members that it is appropriate to allocate to the qual- an amendment intended to be proposed of the armed forces and their dependents. ity of life of members of the armed forces. by her to the bill S. 1438, to authorize ‘‘(6) Adequacy of housing. ‘‘(e) CJCS REVIEW.—Upon the completion appropriations for fiscal year 2002 for ‘‘(7) Housing related costs such as utility of the quadrennial quality of life review, the military activities of the Department costs, together with the adequacy of the Chairman of the Joint Chiefs of Staff shall of Defense, for military constructions, basic allowance for housing for meeting the prepare and submit to the Secretary of De- and for defense activities of the De- housing needs of members of the armed fense the Chairman’s assessment of the re- forces. view, including the Chairman’s assessment partment of Energy, to prescribe per- ‘‘(8) The adequacy of the basic allowance of the quality of life of the members of the sonnel strengths for such fiscal year for subsistence. armed forces. The assessment shall be in- for the Armed Forces, and for other ‘‘(9) Educational opportunities and costs cluded in its entirety in the report on the re- purposes; which was ordered to lie on for members and dependents. view required under subsection (d). the table; as follows: ‘‘(10) Duration of deployments. ‘‘(f) INDEPENDENT REVIEW.—Before submit- At the end of subtitle E of title VI, add the ‘‘(11) Rates of pay, including the relation- ting the report on the quadrennial quality of following: ship between the rates of pay for members life review to Congress, the Secretary shall SEC. 664. EXPANDED SCOPE OF AUTHORITY TO and the rates of pay for civilians. make the report available to persons inde- WAIVE TIME LIMITATIONS ON ‘‘(12) Recruitment and retention. pendent of the Federal Government whose CLAIMS FOR MILITARY PERSONNEL ‘‘(13) Workplace safety. interests and expertise the Secretary deter- BENEFITS. ‘‘(14) Family support services. mines relevant to issues of the quality of life (a) AUTHORITY.—Subsection (e)(1) of sec- ‘‘(15) The relationship between the other of members of the armed forces and shall in- tion 3702 of title 31, United States Code, is elements of the defense program and policies vite those persons to review the report and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18187 to submit comments on the report to the for fiscal year 2002 for military activi- (7) Any American prosecuted by the Inter- Secretary.’’. ties of the Department of Defense, for national Criminal Court will, under the (b) CLERICAL AMENDMENT.—The table of military constructions, and for defense Rome Statute, be denied procedural protec- contents at the beginning of such chapter is activities of the Department of Energy, tions to which all Americans are entitled amended by inserting after the item relating under the Bill of Rights to the United States to section 118 the following new item: to prescribe personnel strengths for Constitution, such as the right to trial by such fiscal year for the Armed Forces, ‘‘118a. Quadrennial quality of life review.’’. jury. and for other purposes; which was or- (8) Members of the Armed Forces of the SA 1766. Mrs. BOXER submitted an dered to lie on the table; as follows: United States deserve the full protection of amendment intended to be proposed by At the end of division A of the bill, add the the United States Constitution wherever following new title: they are stationed or deployed around the her to the bill S. 1438, to authorize ap- world to protect the vital national interests propriations for fiscal year 2002 for TITLE XIV—AMERICAN ARMED FORCES PROTECTION ACT OF 2001 of the United States. The United States Gov- military activities of the Department ernment has an obligation to protect the of Defense, for military constructions, SEC. 1401. SHORT TITLE. This title may be cited as the ‘‘American members of its Armed Forces, to the max- and for defense activities of the De- Armed Forces Protection Act 2001’’. imum extent possible, against criminal pros- ecutions carried out by United Nations offi- partment of Energy, to prescribe per- SEC. 1402. FINDINGS AND POLICY. cials under procedures that deny them their sonnel strengths for such fiscal year (a) FINDINGS.—Congress makes the fol- constitutional rights. for the Armed Forces, and for other lowing findings: (9) In addition to exposing members of the (1) On July 17, 1998, the United Nations purposes; which was ordered to lie on Armed Forces of the United States to the Diplomatic Conference of Plenipotentiaries the table; as follows: risk of international criminal prosecution, on the Establishment of an International At the appropriate place in the bill, add the Rome Statute creates a risk that the Criminal Court, meeting in Rome, Italy, President and other senior elected and ap- the following: adopted the ‘‘Rome Statute of the Inter- pointed officials of the United States Gov- SEC. . TEMPORARY AUTHORITY TO ASSIST FED- national Criminal Court’’. The vote on ernment may be prosecuted by the Inter- ERAL AIR MARSHALS. whether to proceed with the Statute was 120 national Criminal Court. Particularly if the (a) IN GENERAL.—Notwithstanding 10 in favor to 7 against, with 21 countries ab- Preparatory Commission agrees on a defini- U.S.C. 375, the Secretary of Defense, shall, in staining. The United States voted against tion of the Crime of Aggression over United accordance with other applicable law, make final adoption of the Rome Statute. States objections, senior United States offi- Department of Defense personnel available (2) As of September 15, 2001, 139 countries cials may be at risk of criminal prosecution to support the Department of Transportation had signed the Rome Statute and 38 had rati- for national security decisions involving in providing no less than one federal air mar- fied it. Pursuant to Article 126 of the Rome such matters as responding to acts of ter- shal on each United States domestic com- Statute, the Statute will enter into force on rorism, preventing the proliferation of weap- mercial passenger flight. the first day of the month after the 60th day ons of mass destruction, and deterring ag- (b) LIMITATION.—The authority provided in following the date on which the 60th country gression. No less than members of the Armed subsection (a) shall expire: deposits an instrument ratifying the Stat- Forces of the United States, senior officials (1) when the President certifies to Congress ute. of the United States Government deserve the that there is a sufficient number of civilian (3) Since adoption of the Rome Statute, a full protection of the United States Con- air marshals trained and available to provide Preparatory Commission for the Inter- stitution with respect to official actions security for all United States domestic com- national Criminal Court has met regularly taken by them to protect the national inter- mercial passenger flights; or to draft documents to implement the Rome ests of the United States. (2) on September 30, 2002. Statute, including Rules of Procedure and (10) The claimed jurisdiction of the Inter- Evidence, Elements of Crimes, and a defini- national Criminal Court over citizens of a SA 1767. Mrs. BOXER submitted an tion of the Crime of Aggression. country that is not a state party to the amendment intended to be proposed by (4) During testimony before the Congress Rome Statute is a direct contravention of her to the bill S. 1438, to authorize ap- following the adoption of the Rome Statute, the sovereign equality of all member states propriations for fiscal year 2002 for the lead United States negotiator, Ambas- under Article 2 of the Charter of the United military activities of the Department sador David Scheffer stated that the United Nations, and is a threat to the sovereignty of of Defense, for military constructions, States could not sign the Rome Statute be- the United States under the Constitution of and for defense activities of the De- cause certain critical negotiating objectives the United States. of the United States had not been achieved. (b) POLICY OF THE UNITED STATES REGARD- partment of Energy, to prescribe per- As a result, he stated: ‘‘We are left with con- sonnel strengths for such fiscal year ING THE ROME STATUTE.— sequences that do not serve the cause of (1) POLICY.— for the Armed Forces, and for other international justice.’’. (A) INTENTION TO REMAIN OUTSIDE THE STAT- purposes; which was ordered to lie on (5) Ambassador Scheffer went on to tell the UTE.—It is the policy of the United States the table; as follows: Congress that: ‘‘Multinational peacekeeping that the United States will not become a At the appropriate place in the bill, add forces operating in a country that has joined state party to the Rome Statute. the following: the treaty can be exposed to the Court’s ju- (B) FINDING REGARDING THE LEGAL STATUS risdiction even if the country of the indi- SEC. TEMPORARY AUTHORITY TO ASSIST FED- OF THE INTERNATIONAL CRIMINAL COURT AND ERAL AIR MARSHALS. vidual peacekeeper has not joined the treaty. THE PREPARATORY COMMISSION.—Because the Thus, the treaty purports to establish an ar- (a) IN GENERAL.—Notwithstanding 10 United States has not ratified the Rome rangement whereby United States armed U.S.C. 375, the Secretary of Defense, may, in Statute as a treaty under Article II, Section forces operating overseas could be conceiv- accordance with other applicable law, make 2, Clause 2, of the Constitution of the United ably prosecuted by the international court Department of Defense personnel available States, Congress finds the International even if the United States has not agreed to to support the Department of Transportation Criminal Court and the Preparatory Com- be bound by the treaty. Not only is this con- in providing no less than one federal air mar- mission are not judicial bodies or instru- trary to the most fundamental principles of shal on each United States domestic com- ments of international law with respect to treaty law, it could inhibit the ability of the mercial passenger flight. the United States or to citizens of the United United States to use its military to meet al- States. (b) LIMITATION.—The authority provided in subsection (a) shall expire: liance obligations and participate in multi- (2) DIPLOMATIC COMMUNICATION OF POLICY.— (1) when the President certifies to Congress national operations, including humanitarian (A) TRANSMITTAL OF INTENT TO THE UNITED that there is a sufficient number of civilian interventions to save civilian lives. Other NATIONS.—It is the sense of Congress that the air marshals trained and available to provide contributors to peacekeeping operations will President should provide written notifica- security for all United States domestic com- be similarly exposed.’’ tion to the Secretary-General of the United mercial passenger flights; or (6) Notwithstanding these concerns, Presi- Nations of the policy contained in paragraph (2) on September 30, 2002. dent Clinton directed that the United States (1). sign the Rome Statute on December 31, 2000. (B) INSTRUCTIONS TO UNITED STATES REP- SA 1768. Mr. CRAIG (for himself, Mr. In a statement issued that day, he stated RESENTATIVES.—It is the sense of Congress that in view of the unremedied deficiencies that the President should instruct all rep- LOTT, Mr. ALLEN, Mr. NICKLES, Mr. of the Rome Statute, ‘‘I will not, and do not resentatives of the United States in any SMITH of New Hampshire, and Mr. recommend that my successor submit the international forum or setting, including CRAPO) submitted an amendment in- Treaty to the Senate for advice and consent any forum regarding the availability of tended to be proposed by him to the until our fundamental concerns are satis- funds, to put forward, as United States pol- bill S. 1438, to authorize appropriations fied’’. icy regarding the International Criminal

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WAIVER AND TERMINATION OF PROHI- crimes that are the subject of the Inter- members of the Armed Forces of the United BITIONS OF THIS ACT. national Criminal Court’s investigation or States participating in such operation from (a) AUTHORITY TO INITIALLY WAIVE SEC- prosecution; criminal prosecution by the International TIONS 1405 AND 1407.—The President is au- (C) it is in the national interest of the Criminal Court for actions undertaken by thorized to waive the prohibitions and re- United States for the International Criminal such personnel in connection with the oper- quirements of sections 1405 and 1407 for a sin- Court’s investigation or prosecution of the ation. gle period of one year. Such a waiver may be named individual to proceed; and (b) RESTRICTION.—No funds available to issued only if the President at least 15 days (D) in investigating events related to ac- any United States agency or entity may be in advance of exercising such authority— tions by the named individual, none of the used for the participation of any member of (1) notifies the appropriate congressional following persons will be investigated, ar- the Armed Forces of the United States in committees of the intention to exercise such rested, detained, prosecuted, or imprisoned any peacekeeping operation under chapter authority; and by or on behalf of the International Criminal VI of the charter of the United Nations or (2) determines and reports to the appro- Court with respect to actions undertaken by peace enforcement operation under chapter priate congressional committees that the them in an official capacity: VII of the charter of the United Nations, the International Criminal Court has entered (i) Covered United States persons. creation of which is authorized by the United into a binding agreement that— (ii) Covered allied persons. Nations Security Council on or after the (A) prohibits the International Criminal (iii) Individuals who were covered United date that the Rome Statute enters into ef- Court from seeking to exercise jurisdiction States persons or covered allied persons. fect pursuant to Article 126 of the Rome over the following persons with respect to (d) TERMINATION OF WAIVER PURSUANT TO Statute, unless the President has submitted actions undertaken by them in an official ca- SUBSECTION (c).—Any waiver or waivers exer- to the appropriate congressional committees pacity: cised pursuant to subsection (c) of the prohi- a certification described in subsection (c) (i) covered United States persons; bitions and requirements of sections 1404 and with respect to such operation. (ii) covered allied persons; and 1406 shall terminate at any time that a waiv- (c) CERTIFICATION.—The certification re- (iii) individuals who were covered United er pursuant to subsection (a) or (b) of the ferred to in subsection (b) is a certification States persons or covered allied persons; and prohibitions and requirements of sections by the President that members of the Armed (B) ensures that no person described in 1405 and 1407 expires and is not extended pur- Forces of the United States are able to par- subparagraph (A) will be arrested, detained, suant to subsection (b). ticipate in the peacekeeping or peace en- prosecuted, or imprisoned by or on behalf of SEC. 1404. PROHIBITION ON COOPERATION WITH forcement operation without risk of criminal the International Criminal Court. THE INTERNATIONAL CRIMINAL prosecution by the International Criminal (b) AUTHORITY TO EXTEND WAIVER OF SEC- COURT. Court because— TIONS 1405 AND 1407.—The President is au- (a) CONSTRUCTION.—The provisions of this (1) in authorizing the operation, the United thorized to waive the prohibitions and re- section— Nations Security Council permanently ex- quirements of sections 1405 and 1407 for suc- (1) apply only to the International Crimi- empted, at a minimum, members of the cessive periods of one year each upon the ex- nal Court established by the Rome Statute; Armed Forces of the United States partici- piration of a previous waiver pursuant to and pating in the operation from criminal pros- subsection (a) or this subsection. Such a (2) shall not be construed to prohibit— ecution by the International Criminal Court waiver may be issued only if the President at (A) any action permitted under section for actions undertaken by them in connec- least fifteen days in advance of exercising 1408; tion with the operation; or such authority— (B) any other action taken by members of (2) the United States has taken other ap- (1) notifies the appropriate congressional the Armed Forces of the United States out- propriate steps to guarantee that members committees of the intention to exercise such side the territory of the United States while of the Armed Forces of the United States authority; and engaged in military operations involving the participating in the operation will not be (2) determines and reports to the appro- threat or use of force when necessary to pro- prosecuted by the International Criminal priate congressional committees that the tect such personnel from harm or to ensure Court for actions undertaken by such per- International Criminal Court— the success of such operations; or sonnel in connection with the operation. (A) remains party to, and has continued to (C) communication by the United States to abide by, a binding agreement that— the International Criminal Court of its pol- SEC. 1406. PROHIBITION ON DIRECT OR INDI- (i) prohibits the International Criminal icy with respect to a particular matter. RECT TRANSFER OF CERTAIN CLAS- SIFIED NATIONAL SECURITY INFOR- Court from seeking to exercise jurisdiction (b) RESTRICTION ON ASSISTANCE PURSUANT over the following persons with respect to MATION TO THE INTERNATIONAL TO MUTUAL LEGAL ASSISTANCE TREATIES.—No CRIMINAL COURT. actions undertaken by them in an official ca- funds available to any United States agency, (a) DIRECT TRANSFER.—Not later than the pacity: entity, or court may be used to provide any date on which the Rome Statute enters into (I) covered United States persons; assistance under any treaty or executive force, the President shall ensure that appro- (II) covered allied persons; and agreement for mutual legal assistance in any priate procedures are in place to prevent the (III) individuals who were covered United criminal matter, any multilateral conven- transfer of classified national security infor- States persons or covered allied persons; and tion with legal assistance provisions, or any mation to the International Criminal Court. (ii) ensures that no person described in extradition treaty, to which the United clause (i) will be arrested, detained, pros- States is a party, or in connection with the (b) INDIRECT TRANSFER.—Not later than the ecuted, or imprisoned by or on behalf of the execution or issuance of any letter rogatory, date on which the Rome Statute enters into International Criminal Court; and to the International Criminal Court. force, the President shall ensure that appro- (B) has taken no steps to arrest, detain, (c) PROHIBITION ON INVESTIGATIVE ACTIVI- priate procedures are in place to prevent the prosecute, or imprison any person described TIES OF AGENTS.—No agent of the Inter- transfer of classified national security infor- in clause (i) of subparagraph (A). national Criminal Court may conduct, in the mation relevant to matters under consider- (c) AUTHORITY TO WAIVE SECTIONS 1405 AND United States or any territory subject to the ation by the International Criminal Court to 1407 WITH RESPECT TO AN INVESTIGATION OR jurisdiction of the United States, any inves- the United Nations and to the government of PROSECUTION OF A NAMED INDIVIDUAL.—The tigative activity relating to a preliminary any country that is a party to the Inter- President is authorized to waive the prohibi- inquiry, investigation, prosecution, or other national Criminal Court unless the United tions and requirements of sections 1404 and proceeding at the International Criminal Nations or that government, as the case may 1406 to the degree they would prevent United Court. be, has provided written assurances that States cooperation with an investigation or SEC. 1405. CONDITIONS FOR THE PROTECTION such information will not be made available prosecution of a named individual by the OF UNITED STATES PARTICIPATION to the International Criminal Court. International Criminal Court. Such a waiver IN CERTAIN UNITED NATIONS (c) CONSTRUCTION.—The provisions of this may be issued only if the President at least PEACEKEEPING OPERATIONS. section shall not be construed to prohibit 15 days in advance of exercising such author- (a) POLICY.—Effective beginning on the any action permitted under section 1408. ity— date on which the Rome Statute enters into SEC. 1407. PROHIBITION OF UNITED STATES MILI- (1) notifies the appropriate congressional force pursuant to Article 126 of the Rome TARY ASSISTANCE TO PARTIES TO committees of the intention to exercise such Statute, the President should use the voice THE INTERNATIONAL CRIMINAL authority; and and vote of the United States in the United COURT. (2) determines and reports to the appro- Nations Security Council to ensure that each (a) PROHIBITION OF MILITARY ASSISTANCE.— priate congressional committees that— resolution of the Security Council author- Subject to subsections (b) and (c), no United (A) a waiver pursuant to subsection (a) or izing any peacekeeping operation under States military assistance may be provided (b) of the prohibitions and requirements of chapter VI of the charter of the United Na- to the government of a country that is a sections 1405 and 1407 is in effect; tions or peace enforcement operation under party to the International Criminal Court.

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(b) WAIVER.—The President may waive the nal Court because they are nationals of a that has been so designated in accordance prohibition of subsection (a) with respect to party to the International Criminal Court; with section 517 of the Foreign Assistance a particular country— and Act of 1961. (1) for one or more periods not exceeding (2) evaluating the degree to which mem- (8) PARTY TO THE INTERNATIONAL CRIMINAL one year each, if the President determines bers of the Armed Forces of the United COURT.—The term ‘‘party to the Inter- and reports to the appropriate congressional States engaged in military operations under- national Criminal Court’’ means a govern- committees that it is vital to the national taken by or pursuant to that alliance may be ment that has deposited an instrument of interest of the United States to waive such exposed to greater risks as a result of being ratification, acceptance, approval, or acces- prohibition; and placed under the command or operational sion to the Rome Statute, and has not with- (2) permanently, if the President deter- control of foreign military officers subject to drawn from the Rome Statute pursuant to mines and reports to the appropriate con- the jurisdiction of the International Crimi- Article 127 thereof. gressional committees that such country has nal Court. (9) PEACEKEEPING OPERATION UNDER CHAP- entered into an agreement with the United (b) DESCRIPTION OF MEASURES TO ACHIEVE TER VI OF THE CHARTER OF THE UNITED NA- States pursuant to Article 98 of the Rome ENHANCED PROTECTION FOR MEMBERS OF THE TIONS OR PEACE ENFORCEMENT OPERATION Statute preventing the International Crimi- ARMED FORCES OF THE UNITED STATES.—Not UNDER CHAPTER VII OF THE CHARTER OF THE nal Court from proceeding against United later than one year after the date of the en- UNITED NATIONS.—The term ‘‘peacekeeping States personnel present in such country. actment of this Act, the President shall operation under chapter VI of the charter of (c) EXEMPTION.—The prohibition of sub- transmit to the appropriate congressional the United Nations or peace enforcement op- section (a) shall not apply to the government committees a description of modifications to eration under chapter VII of the charter of of— command and operational control arrange- the United Nations’’ means any military op- ments within military alliances to which the (1) a NATO member country; eration to maintain or restore international United States is a party that could be made (2) a major non-NATO ally (including, inter peace and security that— in order to reduce any risks to members of alia, Israel, Australia, Egypt, Japan, the Re- (A) is authorized by the United Nations Se- the Armed Forces of the United States iden- public of Korea, and New Zealand); or curity Council under chapter VI or VII of the (3) Taiwan. tified pursuant to subsection (a)(2). (c) SUBMISSION IN CLASSIFIED FORM.—The charter of the United Nations; and SEC. 1408. AUTHORITY TO FREE MEMBERS OF report under subsection (a), and the descrip- (B) is paid for from assessed contributions THE ARMED FORCES OF THE tion of measures under subsection (b), or ap- of United Nations members that are made UNITED STATES AND CERTAIN available for peacekeeping or peace enforce- OTHER PERSONS HELD CAPTIVE BY propriate parts thereof, may be submitted in OR ON BEHALF OF THE INTER- classified form. ment activities. NATIONAL CRIMINAL COURT. SEC. 1410. NONDELEGATION. (10) ROME STATUTE.—The term ‘‘Rome (a) AUTHORITY.—The President is author- The authorities vested in the President by Statute’’ means the Rome Statute of the ized to use all means necessary and appro- sections 1403, 1405(c), and 1407(b) may not be International Criminal Court, adopted by the priate to bring about the release from cap- delegated by the President pursuant to sec- United Nations Diplomatic Conference of tivity of any person described in subsection tion 301 of title 3, United States Code, or any Plenipotentiaries on the Establishment of an (b) who is being detained or imprisoned other provision of law. International Criminal Court on July 17, against that person’s will by or on behalf of SEC. 1411. DEFINITIONS. 1998. the International Criminal Court. As used in this Act and in sections 705 and (11) SUPPORT.—The term ‘‘support’’ means (b) PERSONS AUTHORIZED TO BE FREED.— 706 of the Admiral James W. Nance and Meg assistance of any kind, including financial The authority of subsection (a) shall extend Donovan Foreign Relations Authorization support, material support, services, intel- to the following persons: Act, Fiscal Years 2000 and 2001: ligence sharing, law enforcement coopera- (1) Covered United States persons. (1) APPROPRIATE CONGRESSIONAL COMMIT- tion, the training or detail of personnel, and (2) Covered allied persons. TEES.—The term ‘‘appropriate congressional the arrest or detention of individuals. (3) Individuals detained or imprisoned for committees’’ means the Committee on Inter- (12) UNITED STATES MILITARY ASSISTANCE.— official actions taken while the individual national Relations of the House of Rep- The term ‘‘United States military assist- was a covered United States person or a cov- resentatives and the Committee on Foreign ance’’ means— ered allied person, and in the case of a cov- Relations of the Senate. (A) assistance provided under chapters 2 ered allied person, upon the request of such (2) CLASSIFIED NATIONAL SECURITY INFORMA- through 6 of part II of the Foreign Assistance government. TION.—The term ‘‘classified national security Act of 1961 (22 U.S.C. 2311 et seq.); (c) AUTHORIZATION OF LEGAL ASSISTANCE.— information’’ means information that is (B) defense articles or defense services fur- When any person described in subsection (b) classified or classifiable under Executive nished with the financial assistance of the is arrested, detained, prosecuted, or impris- Order 12958 or a successor Executive order. United States Government, including oned by or on behalf of the International (3) COVERED ALLIED PERSONS.—The term through loans and guarantees; or Criminal Court, the authority under sub- ‘‘covered allied persons’’ means military per- (C) military training or education activi- section (a) may be used— sonnel, elected or appointed officials, and ties provided by any agency or entity of the (1) for the provision of legal representation other persons employed by or working on be- United States Government. and other legal assistance to that person (in- half of the government of a NATO member Such term does not include activities report- cluding, in the case of a person entitled to country, a major non-NATO ally (including, able under title V of the National Security assistance under section 1037 of title 10, inter alia, Israel, Australia, Egypt, Japan, Act of 1947 (50 U.S.C. 413 et seq.). United States Code, representation and other the Republic of Korea, and New Zealand), or assistance in the manner provided in that Taiwan, for so long as that government is SA 1769. Mr. DODD submitted an section); and not a party to the International Criminal amendment intended to be proposed by (2) for the provision of exculpatory evi- Court and wishes its officials and other per- him to the bill S. 1438, to authorize ap- dence on behalf of that person. sons working on its behalf to be exempted propriations for fiscal year 2002 for (d) BRIBES AND OTHER INDUCEMENTS NOT from the jurisdiction of the International AUTHORIZED.—Subsection (a) does not au- Criminal Court. military activities of the Department thorize the payment of bribes or the provi- (4) COVERED UNITED STATES PERSONS.—The of Defense, for military constructions, sion of other incentives to induce the release term ‘‘covered United States persons’’ means and for defense activities of the De- from captivity of a person described in sub- members of the Armed Forces of the United partment of Energy, to prescribe per- section (b). States, elected or appointed officials of the sonnel strengths for such fiscal year SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS. United States Government, other United for the Armed Forces, and for other (a) REPORT ON ALLIANCE COMMAND AR- States citizens, and any other person em- purposes; which was ordered to lie on RANGEMENTS.—Not later than 6 months after ployed by or working on behalf of the United the table; as follows: the date of the enactment of this Act, the States Government, for so long as the United President shall transmit to the appropriate States is not a party to the International At the end of the bill, add the following: congressional committees a report with re- Criminal Court. TITLE llEQUAL PROTECTION OF spect to each military alliance to which the (5) EXTRADITION.—The terms ‘‘extradition’’ VOTING RIGHTS United States is party— and ‘‘extradite’’ include both ‘‘extradition’’ SEC. ll01. SHORT TITLE. (1) describing the degree to which members and ‘‘surrender’’ as those terms are defined This title may be cited as the ‘‘Equal Pro- of the Armed Forces of the United States in article 102 of the Rome Statute. tection of Voting Rights Act of 2001’’. may, in the context of military operations (6) INTERNATIONAL CRIMINAL COURT.—The SEC. ll02. FINDINGS. undertaken by or pursuant to that alliance, term ‘‘International Criminal Court’’ means Congress makes the following findings: be placed under the command or operational the court established by the Rome Statute. (1) The right to vote is a fundamental and control of foreign military officers subject to (7) MAJOR NON-NATO ALLY.—The term incontrovertible right under the Constitu- the jurisdiction of the International Crimi- ‘‘major non-NATO ally’’ means a country tion.

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(2) There is a need for Congress to encour- (2) VACANCIES.— (II) each other Federal Government official age and enable every eligible American to (A) IN GENERAL.—A vacancy in the Com- having responsibilities under that Act; and vote by reaffirming that the right to vote is mission shall not affect its powers. (III) each State; and a fundamental right under the Constitution. (B) MANNER OF REPLACEMENT.—Not later (ii) whether any legislative or administra- (3) There is a need for Congress to encour- than 60 days after the date of the vacancy, a tive action is necessary to provide a mean- age and enable every eligible American to vacancy on the Commission shall be filled in ingful opportunity for each absent uniformed vote by reaffirming that the United States is same manner as the original appointment services voter (as defined in section 107(1) of a democratic Government ‘‘of the people, by was made and shall be subject to any condi- that Act (42 U.S.C. 1973ff–6(1))) and each the people, and for the people’’ where every tions which applied with respect to the origi- overseas voter (as defined in section 107(5) of vote counts. nal appointment. that Act (42 U.S.C. 1973ff–6(5))) to register to (4) There is a need for Congress to encour- (d) CHAIRPERSON; VICE CHAIRPERSON.— vote and vote in elections for Federal office; age and enable every eligible American to (1) IN GENERAL.—The Commission shall (L) the feasibility and advisability of es- vote by eliminating procedural, physical, elect a chairperson and vice chairperson tablishing the date on which elections for and technological obstacles to voting. from among its members. Federal office are held as a Federal or State (5) There is a need to counter discrimina- (2) POLITICAL AFFILIATION.—The chair- holiday; tion in voting by removing barriers to the person and vice chairperson may not be af- (M) the feasibility and advisability of es- exercise of the constitutionally protected filiated with the same political party. tablishing modified polling place hours, and right to vote. (e) DATE OF APPOINTMENT.—The appoint- the effects thereof; and (6) There is a concern that persons with ments of the members of the Commission (N)(i) how the Federal Government can, on disabilities and impairments face difficulties shall be made not later than the date that is a permanent basis, best provide ongoing as- in voting. 45 days after the date of enactment of this sistance to State and local authorities to im- (7) There are practices designed to purge il- title. prove the administration of elections for legal voters from voter rolls which result in (f) MEETINGS.— Federal office; the elimination of legal voters as well. (1) IN GENERAL.—The Commission shall (ii) how the requirements for voting sys- (8) State governments have already begun meet at the call of the chairperson. tems, provisional voting, and sample ballots to examine ways to improve the administra- (2) INITIAL MEETING.—Not later than 20 described in section ll31 can, on a perma- tion of elections and to modernize mecha- days after the date on which all the members nent basis, best be administered; and nisms and machinery for voting. of the Commission have been appointed, the (iii) whether an existing or a new Federal (9) Congress has authority under section 4 Commission shall hold its first meeting. agency should provide such assistance. of article I of the Constitution of the United (3) QUORUM.—A majority of the members of (2) WEBSITE.—In addition to any other pub- States, section 5 of the 14th amendment to the Commission shall constitute a quorum, lication activities the Commission may be the Constitution of the United States, and but a lesser number of members may hold required to carry out, for purposes of con- section 2 of the 15th amendment to the Con- hearings. ducting the study under this subsection the stitution of the United States to enact legis- (g) VOTING.—Each action of the Commis- Commission shall establish an Internet lation to address the equal protection viola- sion shall be approved by a majority vote of website to facilitate public comment and tions that may be caused by outdated voting the entire Commission. Each member shall participation. systems. have 1 vote. (b) RECOMMENDATIONS.— (1) RECOMMENDATIONS OF BEST PRACTICES IN (10) Congress has an obligation to ensure SEC. ll13. DUTIES OF THE COMMISSION. that the necessary resources are available to VOTING AND ELECTION ADMINISTRATION.—The (a) STUDY.— States and localities to improve election Commission shall develop specific rec- (1) IN GENERAL.—The Commission shall technology and election administration and ommendations with respect to the matters conduct a thorough study of— to ensure the integrity of and full participa- studied under subsection (a) that identify (A) election technology and systems; tion of all Americans in the democratic elec- those methods of voting and administering (B) designs of ballots and the uniformity of tions process. elections studied by the Commission that ballots; would— Subtitle A—Commission on Voting Rights (C) access to ballots and polling places, in- and Procedures (A) be convenient, accessible, nondiscrim- cluding timely notice of voting locations and inatory, and easy to use for voters in elec- SEC. ll11. ESTABLISHMENT OF THE COMMIS- matters relating to access for— tions for Federal office, including voters SION ON VOTING RIGHTS AND PRO- (i) voters with disabilities; CEDURES. with disabilities, voters with visual impair- (ii) voters with visual impairments; There is established the Commission on ments, absent uniformed services voters, (iii) voters with limited English language Voting Rights and Procedures (in this sub- overseas voters, and other voters with spe- proficiency; title referred to as the ‘‘Commission’’). cial needs, including voters with limited (iv) voters who need assistance in order to SEC. ll12. MEMBERSHIP OF THE COMMISSION. English proficiency or who otherwise need understand the voting process or how to cast (a) NUMBER AND APPOINTMENT.—The Com- assistance in order to understand the voting a ballot; and mission shall be composed of 12 members of process or to cast a ballot; (v) other voters with special needs; whom: (B) yield the broadest participation; and (1) 6 members shall be appointed by the (D) the effect of the capacity of voting sys- (C) produce accurate results. President; tems on the efficiency of election adminis- (2) RECOMMENDATIONS FOR PROVIDING AS- (2) 3 members shall be appointed by the Mi- tration, including how the number of ballots SISTANCE IN FEDERAL ELECTIONS.—The Com- nority Leader of the Senate (or, if the Minor- which may be processed by a single machine mission shall develop specific recommenda- ity Leader is a member of the same political over a period of time affects the number of tions with respect to the matters studied party as the President, by the Majority machines needed to carry out an election at under subsection (a)(1)(N) on how the Fed- Leader of the Senate); and a particular polling place and the number of eral Government can, on a permanent basis, (3) 3 members shall be appointed by the Mi- polling places and other facilities necessary best provide ongoing assistance to State and nority Leader of the House of Representa- to serve the voters; local authorities to improve the administra- tives (or, if the Minority Leader is a member (E) voter registration and maintenance of tion of elections for Federal office, and iden- of the same political party as the President, voter rolls, including the use of provisional tify whether an existing or a new Federal by the Majority Leader of the House of Rep- voting and standards for reenfranchisement agency should provide such assistance. resentatives). of voters; (3) RECOMMENDATIONS FOR VOTER PARTICI- (b) QUALIFICATIONS.—Each member ap- (F) alternative voting methods; PATION IN FEDERAL ELECTIONS.—The Commis- pointed under subsection (a) shall be chosen (G) voter intimidation, both real and per- sion shall develop specific recommendations on the basis of— ceived; with respect to the matters studied under (1) experience with, and knowledge of— (H) accuracy of voting, election proce- subsection (a) on methods— (A) election law; dures, and election technology; (A) to increase voter registration; (B) election technology; (I) voter education; (B) to increase the accuracy of voter rolls (C) Federal, State, or local election admin- (J) election personnel and volunteer train- and participation and inclusion of legal vot- istration; ing; ers; (D) the Constitution; or (K)(i) the implementation of title I of the (C) to improve voter education; and (E) the history of the United States; and Uniformed and Overseas Citizens Absentee (D) to improve the training of election per- (2) integrity, impartiality, and good judg- Voting Act (42 U.S.C. 1973ff et seq.) and the sonnel and volunteers. ment. amendments made by title II of that Act (4) CONSISTENCY WITH ELECTION TECHNOLOGY (c) PERIOD OF APPOINTMENT; VACANCIES.— by— AND ADMINISTRATION REQUIREMENTS.—The (1) PERIOD OF APPOINTMENT.—Each member (I) the Secretary of Defense, acting as the Commission shall ensure that the specific shall be appointed for the life of the Commis- Presidential designee under section 101 of recommendations developed under this sub- sion. that Act (42 U.S.C. 1973ff); section are consistent with the uniform and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18191 nondiscriminatory election technology and manner and under the same conditions as SEC. ll16. TERMINATION OF THE COMMISSION. administration requirements under section other departments and agencies of the Fed- The Commission shall terminate 45 days ll31. eral Government. after the date on which the Commission sub- (c) REPORTS.— (f) ADMINISTRATIVE SUPPORT SERVICES.— mits its final report and recommendations (1) INTERIM REPORTS.—Not later than the Upon the request of the chairperson and vice under section ll13(c)(2). date on which the Commission submits the chairperson of the Commission, acting joint- SEC. ll17. AUTHORIZATION OF APPROPRIA- final report under paragraph (2), the Com- ly, the Administrator of the General Serv- TIONS FOR THE COMMISSION. mission may submit to the President and ices Administration shall provide to the (a) IN GENERAL.—There are authorized to Congress such interim reports as a majority Commission, on a reimbursable basis, the ad- be appropriated such sums as may be nec- of the members of the Commission deter- ministrative support services that are nec- essary to carry out the purposes of this sub- mine appropriate. essary to enable the Commission to carry title. (2) FINAL REPORT.— out its duties under this subtitle. (b) AVAILABILITY.—Any sums appropriated (A) IN GENERAL.—Not later than 1 year (g) GIFTS AND DONATIONS.—The Commis- under the authorization contained in this after the date of enactment of this title, the sion may accept, use, and dispose of gifts or section shall remain available, without fiscal Commission shall submit to the President donations of services or property to carry year limitation, until expended. and Congress a final report that has received out this subtitle. Subtitle B—Election Technology and the approval of a majority of the members of (h) APPLICATION OF FEDERAL ADVISORY Administration Improvement Grant Program COMMITTEE ACT.—Except as otherwise pro- the Commission. SEC. ll21. ESTABLISHMENT OF GRANT PRO- vided in this subtitle, the Commission shall (B) CONTENT.—The final report shall con- GRAM. be subject to the requirements of the Federal tain— (a) IN GENERAL.—The Attorney General, Advisory Committee Act (5 U.S.C. App.). (i) a detailed statement of the findings and subject to the general policies and criteria ll conclusions of the Commission on the mat- SEC. 15. COMMISSION PERSONNEL MATTERS. for the approval of applications established ters studied under subsection (a); (a) COMPENSATION OF MEMBERS.—Each under section ll23 and in consultation with member of the Commission who is not an of- (ii) a detailed statement of the rec- the Federal Election Commission, is author- ficer or employee of the Federal Government ommendations developed under subsection ized to make grants to States and localities shall be compensated at a rate equal to the (b) which received a majority vote of the to pay the Federal share of the costs of the daily equivalent of the annual rate of basic members of the Commission; and activities described in section ll22. pay prescribed for level IV of the Executive (iii) any dissenting or minority opinions of (b) ACTION THROUGH OFFICE OF JUSTICE Schedule under section 5315 of title 5, United the members of the Commission. PROGRAMS AND ASSISTANT ATTORNEY GEN- States Code, for each day (including travel ERAL FOR CIVIL RIGHTS.—In carrying out this SEC. ll14. POWERS OF THE COMMISSION. time) during which such member is engaged subtitle, the Attorney General shall act (a) HEARINGS.—The Commission or, at its in the performance of the duties of the Com- through the Assistant Attorney General for direction, any subcommittee or member of mission. All members of the Commission the Office of Justice Programs and the As- the Commission, may, for the purpose of car- who are officers or employees of the United sistant Attorney General for the Civil Rights rying out this subtitle— States shall serve without compensation in Division. (1) hold such hearings, sit and act at such addition to that received for their services as SEC. ll22. AUTHORIZED ACTIVITIES. times and places, take such testimony, re- officers or employees of the United States. (a) IN GENERAL.—A State or locality may ceive such evidence, and administer such (b) TRAVEL EXPENSES.—The members of use grant payments received under this sub- oaths; and the Commission shall be allowed travel ex- title— (2) require, by subpoena or otherwise, the penses, including per diem in lieu of subsist- (1) to improve, acquire, or replace voting attendance and testimony of such witnesses ence, at rates authorized for employees of equipment or technology and improve the and the production of such books, records, agencies under subchapter I of chapter 57 of accessibility of polling places, including pro- correspondence, memoranda, papers, docu- title 5, United States Code, while away from viding physical access for persons with dis- ments, tapes, and materials as the Commis- their homes or regular places of business in abilities and to other individuals with spe- sion (or such subcommittee or member) con- the performance of services for the Commis- cial needs, and nonvisual access for voters siders advisable. sion. with visual impairments, and assistance to (b) ISSUANCE AND ENFORCEMENT OF SUB- (c) STAFF.— voters with limited proficiency in the POENAS.— (1) IN GENERAL.—The chairperson and vice English language; (1) ISSUANCE.—Any subpoena issued under chairperson of the Commission, acting joint- (2) to implement new election administra- subsection (a) shall be issued by the chair- ly, may, without regard to the civil service tion procedures to increase voter participa- person and vice chairperson of the Commis- laws and regulations, appoint and terminate tion and reduce disenfranchisement, such as sion acting jointly. Each subpoena shall bear an executive director and such other addi- ‘‘same-day’’ voter registration procedures; the signature of the chairperson of the Com- tional personnel as may be necessary to en- (3) to educate voters concerning voting mission and shall be served by any person or able the Commission to perform its duties. procedures, voting rights or voting tech- class of persons designated by the chair- The employment of an executive director nology, and to train election personnel; or person for that purpose. shall be subject to confirmation by the Com- (4) upon completion of the final report (2) ENFORCEMENT.—In the case of contu- mission. under section ll13(c)(2), to implement rec- macy or failure to obey a subpoena issued (2) COMPENSATION.—The chairperson and ommendations contained in such report under subsection (a), the United States dis- vice chairperson of the Commission, acting under section ll13(c)(2)(B)(ii). trict court for the judicial district in which jointly, may fix the compensation of the ex- (b) REQUIREMENTS FOR ELECTION TECH- the subpoenaed person resides, is served, or ecutive director and other personnel without NOLOGY AND ADMINISTRATION.—A State or lo- may be found may issue an order requiring regard to chapter 51 and subchapter III of cality may use grant payments received such person to appear at any designated chapter 53 of title 5, United States Code, re- under this subtitle— place to testify or to produce documentary lating to classification of positions and Gen- (1) on or after the date on which the voting or other evidence. Any failure to obey the eral Schedule pay rates, except that the rate system requirements specifications are order of the court may be punished by the of pay for the executive director and other issued under section ll32(a), to implement court as a contempt of that court. personnel may not exceed the rate payable the requirements under section ll31(a); (c) WITNESS ALLOWANCES AND FEES.—Sec- for level V of the Executive Schedule under (2) on or after the date on which the provi- tion 1821 of title 28, United States Code, shall section 5316 of such title. sional voting requirements guidelines are apply to witnesses requested or subpoenaed (d) DETAIL OF GOVERNMENT EMPLOYEES.— issued under section ll32(b), to implement to appear at any hearing of the Commission. Any Federal Government employee may be the requirements under section ll31(b); and The per diem and mileage allowances for detailed to the Commission without reim- (3) on or after the date on which the sam- witnesses shall be paid from funds available bursement, and such detail shall be without ple ballot requirements guidelines are issued to pay the expenses of the Commission. interruption or loss of civil service status or under section ll32(c), to implement the re- (d) INFORMATION FROM FEDERAL AGEN- privilege. quirements under section ll31(c). CIES.—The Commission may secure directly (e) PROCUREMENT OF TEMPORARY AND SEC. ll23. GENERAL POLICIES AND CRITERIA from any Federal department or agency such INTERMITTENT SERVICES.—The chairperson FOR THE APPROVAL OF APPLICA- information as the Commission considers and vice chairperson of the Commission, act- TIONS OF STATES AND LOCALITIES; necessary to carry out this subtitle. Upon re- ing jointly, may procure temporary and REQUIREMENTS OF STATE PLANS. quest of the chairperson and vice chairperson intermittent services under section 3109(b) of (a) GENERAL POLICIES.—The Attorney Gen- of the Commission, acting jointly, the head title 5, United States Code, at rates for indi- eral shall establish general policies with re- of such department or agency shall furnish viduals which do not exceed the daily equiva- spect to the approval of applications of such information to the Commission. lent of the annual rate of basic pay pre- States and localities, the awarding of grants, (e) POSTAL SERVICES.—The Commission scribed for level V of the Executive Schedule and the use of assistance made available may use the United States mails in the same under section 5316 of such title. under this subtitle.

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(b) CRITERIA.— siring to receive a grant under this subtitle (2) PUBLICATION OF STATE PLANS AND SOLICI- (1) IN GENERAL.—The Attorney General shall submit an application to the Attorney TATION OF COMMENTS.—After receiving an ap- shall establish criteria with respect to the General at such time, in such manner, and plication of a State submitted under section approval of applications of States and local- accompanied by such additional information ll24(a)(1), the Attorney General shall pub- ities submitted under section ll24, includ- as the Attorney General, in consultation lish the State plan contained in that applica- ing the requirements for State plans under with the Federal Election Commission, may tion in the Federal Register and solicit com- paragraph (2). reasonably require. ments on the plan from the public. The pub- (2) REQUIREMENTS OF STATE PLANS.—The (2) CONTENTS OF APPLICATIONS.—Each appli- lication of and the solicitation of comments Attorney General shall not approve an appli- cation submitted under paragraph (1) shall on such a plan pursuant to this subsection cation of a State unless the State plan of include the following: shall not be treated as an exercise of rule- that State provides for each of the following: (A) STATE PLAN.—A State plan that— making authority by the Attorney General (A) Uniform nondiscriminatory voting (i) is developed in consultation with State for purposes of subchapter II of chapter 5 of standards within the State for election ad- and local election officials; title 5, United States Code. ministration and technology that— (ii) describes the activities authorized (3) APPROVAL.—At any time after the expi- (i) meet the requirements for voting sys- under section ll22 for which assistance ration of the 30-day period which begins on tems, provisional voting, and sample ballots under this subtitle is sought; and the date the State plan is published in the described in section ll31; (iii) contains a detailed explanation of how Federal Register under subsection (a), and (ii) provide for ease and convenience of the State will comply with the requirements taking into consideration any comments re- voting for all voters, including accuracy, described in section ll23(b). ceived under such subsection, the Attorney nonintimidation, and nondiscrimination; (B) COMPLIANCE WITH FEDERAL MATCHING General, in consultation with the Federal (iii) ensure conditions for voters with dis- REQUIREMENTS.—An assurance that the State Election Commission, shall approve or dis- abilities, including nonvisual access for vot- will pay the non-Federal share of the costs of approve the application that contains the ers with visual impairments, provide the the activities for which assistance is sought State plan published under paragraph (2) in same opportunity for access and participa- from non-Federal sources that may be ac- accordance with the general policies and cri- tion by such voters, including privacy and companied by a request for a waiver of the teria established under section ll23. independence; matching requirements under section (b) APPROVAL OF APPLICATIONS OF LOCAL- (iv) ensure access for voters with limited ll26(b)(2). ITIES.—If the Attorney General has approved English language proficiency, voters who (C) ADDITIONAL ASSURANCES.—Such addi- the application of a State under subsection need assistance in order to understand the tional assurances as the Attorney General, (a), the Attorney General, in consultation voting process or how to cast a ballot, and in consultation with the Federal Election with the Federal Election Commission, may other voters with special needs; Commission, determines to be essential to approve an application submitted by a local- (v) ensure compliance with the Voting Ac- ensure compliance with the requirements of ity of that State under section ll24(b) in cessibility for the Elderly and Handicapped this subtitle. accordance with the general policies and cri- Act (42 U.S.C. 1973ee et seq.); (3) AVAILABILITY OF STATE PLANS FOR RE- teria established under section ll23. (vi) ensure compliance with the Voting VIEW AND COMMENT.—A State submitting an SEC. ll26. FEDERAL MATCHING FUNDS. Rights Act of 1965 (42 U.S.C. 1973 et seq.), in- application under this section shall make (a) PAYMENTS.—The Attorney General cluding sections 4(f)(4) and 203 of such Act (42 the State plan proposed to be included in shall pay to each State or locality having an U.S.C. 1973b(f)(4) and 1973aa–1a); that application available to the public for application approved under section ll25 the (vii) ensure compliance with the National review and comment prior to the submission Federal share of the cost of the activities de- Voter Registration Act of 1993 (42 U.S.C. of the application. scribed in that application. 1973gg et seq.); and (b) SUBMISSION OF APPLICATIONS BY LOCAL- (b) FEDERAL SHARE.— (viii) ensure that overseas voters and ab- ITIES.— (1) IN GENERAL.—Subject to paragraphs (2), sent uniformed service voters (as such terms (1) IN GENERAL.—If a State has submitted (3), and (4), for purposes of subsection (a), the are defined in section 107 of the Uniformed an application under subsection (a), a local- Federal share shall be 80 percent. and Overseas Citizens Absentee Voting Act ity of that State may submit an application (2) WAIVER.—The Attorney General may (42 U.S.C. 1973ff–6)) have a meaningful oppor- for assistance to the Attorney General at specify a Federal share greater than 80 per- tunity to exercise their voting rights as citi- such time, in such manner, and accompanied cent under terms and conditions consistent zens of the United States. by such additional information as the Attor- with this subtitle. (B) Accuracy of the records of eligible vot- ney General, in consultation with the Fed- (3) INCENTIVE FOR EARLY ACTION.—For any ers in the States to ensure that legally reg- eral Election Commission, may reasonably recipient of a grant whose application was istered voters appear in such records and require. received prior to March 1, 2002, the Federal prevent any purging of such records to re- (2) CONTENTS OF APPLICATIONS.—Each appli- share shall be 90 percent. move illegal voters that result in the elimi- cation submitted by a locality under para- (4) REIMBURSEMENT FOR COST OF MEETING nation of legal voters as well. graph (1) shall include the following: REQUIREMENTS.—With respect to the author- (C) Voter education programs regarding (A) CONSISTENCY WITH STATE PLAN.—Infor- ized activities described in section ll22(b) the right to vote and methodology and pro- mation similar to the information required insofar as a State or locality incurs expenses cedures for participating in elections and to be submitted under the State plan under to meet the requirements of section ll31, training programs for election personnel and subsection (a)(2)(A) that is not inconsistent the Federal share shall be 100 percent. volunteers, including procedures to carry out with that plan. (c) NON-FEDERAL SHARE.—The non-Federal subparagraph (D). (B) NONDUPLICATION OF EFFORT.—Assur- share of payments under this subtitle may be (D) An effective method of notifying voters ances that any assistance directly provided in cash or in kind fairly evaluated, including at polling places on the day of election of to the locality under this subtitle is not planned equipment or services. basic voting procedures to effectuate their available to that locality through the State. SEC. ll27. AUDITS AND EXAMINATIONS OF vote as provided for in State and Federal (C) COMPLIANCE WITH FEDERAL MATCHING STATES AND LOCALITIES. law. REQUIREMENTS.—A description of how the lo- (a) RECORDKEEPING REQUIREMENT.—Each (E) A timetable for meeting the elements cality will pay the non-Federal share from recipient of a grant under this subtitle shall of the plan. non-Federal sources that may be accom- keep such records as the Attorney General, (3) CONSISTENCY WITH ELECTION TECHNOLOGY panied by a request for a waiver of the in consultation with the Federal Election AND ADMINISTRATION REQUIREMENTS.—The matching requirements under section Commission, shall prescribe. criteria established by the Attorney General ll26(b)(2). (b) AUDIT AND EXAMINATION.—The Attorney under this subsection and the State plans re- (D) ADDITIONAL ASSURANCES.—Such addi- General and the Comptroller General, or any quired under this subsection shall be con- tional assurances as the Attorney General, authorized representative of the Attorney sistent with the uniform and nondiscrim- in consultation with the Federal Election General or the Comptroller General, shall inatory election technology and administra- Commission, determines to be essential to audit any recipient of a grant under this sub- tion requirements under section ll31. ensure compliance with the requirements of title and shall have access to any record of a (c) CONSULTATION.—In establishing the gen- this subtitle. recipient of a grant under this subtitle that eral policies and criteria under this section, SEC. ll25. APPROVAL OF APPLICATIONS OF the Attorney General or the Comptroller the Attorney General shall consult with the STATES AND LOCALITIES. General determines may be related to a Federal Election Commission. (a) APPROVAL OF STATE APPLICATIONS.— grant received under this subtitle for the SEC. ll24. SUBMISSION OF APPLICATIONS OF (1) IN GENERAL.—The Attorney General, in purpose of conducting an audit or examina- STATES AND LOCALITIES. consultation with the Federal Election Com- tion. (a) SUBMISSION OF APPLICATIONS BY mission, shall approve applications in ac- SEC. ll28. REPORTS TO CONGRESS AND THE AT- STATES.— cordance with the general policies and cri- TORNEY GENERAL. (1) IN GENERAL.—Subject to paragraph (3), teria for the approval of applications estab- (a) REPORTS TO CONGRESS.—Not later than the chief executive officer of each State de- lished under section ll23. January 31, 2003, and each year thereafter,

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18193 the Attorney General shall submit to the (4) The voting system shall produce a and shall be posted publicly at each polling President and Congress a report on the pro- record with an audit capacity for each ballot place on the date of the election. gram under this subtitle for the preceding cast. SEC. ll32. GUIDELINES AND TECHNICAL SPECI- year. Each report shall contain the fol- (5) The voting system shall be accessible FICATIONS. lowing: for individuals with disabilities and other in- (a) VOTING SYSTEMS REQUIREMENT SPECI- (1) A description and analysis of any ac- dividuals with special needs, including pro- FICATIONS.—In accordance with the require- tivities funded by a grant awarded under this viding nonvisual accessibility for the blind ments of this subtitle regarding technical subtitle. and visually impaired, which provides the specifications, the Office of Election Admin- (2) Any recommendation for legislative or same opportunity for access and participa- istration of the Federal Election Commis- administrative action that the Attorney tion (including privacy and independence) as sion shall develop national Voting Systems General considers appropriate. for other voters, and shall provide alter- Specifications with respect to the voting sys- (b) REPORTS TO THE ATTORNEY GENERAL.— native language accessibility for individuals tems requirement provided under section The Attorney General shall require each re- with limited proficiency in the English lan- ll31(a). cipient of a grant under this subtitle to sub- guage. (b) PROVISIONAL VOTING GUIDELINES.—In mit reports to the Attorney General, at such (6) The error rate of a voting system in accordance with the requirements of this time, in such manner, and containing such counting and tabulating ballots (determined subtitle regarding provisional voting, the information as the Attorney General con- by taking into account only those errors Civil Rights Division of the Department of siders appropriate. which are attributable to the voting system Justice shall develop initial guidelines with ll and not attributable to the act of the voter) respect to the provisional voting require- SEC. 29. DEFINITIONS OF STATE AND LOCAL- ll ITY. shall not exceed the error rate standards as ment provided for under section 31(b). (c) SAMPLE BALLOT GUIDELINES.—In ac- In this subtitle: established in the national Voting Systems cordance with the requirements of this sub- (1) STATE.—The term ‘‘State’’ means each Standards issued and maintained by the Of- title regarding sample ballots, the Civil of the several States, the District of Colum- fice of Election Administration of the Fed- Rights Division of the Department of Justice bia, the Commonwealth of Puerto Rico, eral Election Commission in effect on the shall develop initial guidelines with respect American Samoa, Guam, and the United date of enactment of this title and shall not to the sample ballot requirement provided States Virgin Islands. be inconsistent with respect to the require- for under section ll31(c). (2) LOCALITY.—The term ‘‘locality’’ means ments under this section. ll a political subdivision of a State. (b) PROVISIONAL VOTING.—If the name of an SEC. 33. REQUIRING STATES TO MEET RE- QUIREMENTS. ll individual who declares to be a registrant el- SEC. 30. AUTHORIZATION OF APPROPRIA- (a) IN GENERAL.—Subject to subsection (b), TIONS. igible to vote at a polling place in an elec- tion for Federal office does not appear on the a State or locality shall meet the require- (a) AUTHORIZATION.— official list of registrants eligible to vote at ments of section ll31 with respect to the (1) IN GENERAL.—There are authorized to be the polling place, or it is otherwise asserted regularly scheduled election for Federal of- appropriated to the Department of Justice by an election official that the individual is fice held in the State in 2004 and each subse- such sums as may be necessary for each of not eligible to vote at the polling place— quent election for Federal office held in the fiscal years 2002, 2003, 2004, 2005, and 2006. (1) an election official at the polling place State, except that a State is not required to (2) USE OF AMOUNTS.—Amounts appro- shall notify the individual that the indi- meet the guidelines and technical specifica- priated under paragraph (1) shall be for the vidual may cast a provisional ballot in the tions under section ll32 prior to the publi- purpose of— election; cation of such guidelines and specifications. (A) awarding grants under this title; and (2) the individual shall be permitted to cast (b) TREATMENT OF ACTIVITIES RELATING TO (B) paying for the costs of administering a vote at that polling place upon written af- VOTING SYSTEMS UNDER GRANT PROGRAM.— the program to award such grants. firmation by the individual before an elec- To the extent that a State has used funds (3) FEDERAL ELECTION COMMISSION.—There tion official at that polling place that the in- provided under the Election Technology and are authorized to be appropriated to the Fed- dividual is so eligible; Administration Improvement grant program eral Election Commission for each of fiscal (3) an election official at the polling place under section ll22(a) to purchase or modify years 2002, 2003, 2004, 2005, and 2006 such sums shall transfer the ballot cast by the indi- voting systems in accordance with the State as may be necessary for the purpose of car- vidual to an appropriate State or local elec- plan contained in its approved application rying out the provisions of this title. tion official for prompt verification of the under such program, the State shall be (b) LIMITATION.—Not more than 1 percent declaration made by the individual in the af- deemed to meet the requirements of section of any sums appropriated under paragraph firmation required under paragraph (2); ll31(a). (1) of subsection (a) may be used to pay for (4) if the appropriate State or local elec- SEC. ll34. ENFORCEMENT BY ATTORNEY GEN- the administrative costs described in para- tion official verifies the declaration made by ERAL. graph (2)(B) of such subsection. the individual in the affirmation, the indi- (a) IN GENERAL.—The Attorney General Subtitle C—Requirements for Election vidual’s vote shall be tabulated; and may bring a civil action in an appropriate Technology and Administration (5) the appropriate State or local election district court for such relief (including de- claratory or injunctive relief) as may be nec- SEC. ll31. UNIFORM AND NONDISCRIMINATORY official shall notify the individual in writing REQUIREMENTS FOR ELECTION of the final disposition of the individual’s af- essary to carry out this subtitle. TECHNOLOGY AND ADMINISTRA- firmation and the treatment of the individ- (b) ACTION THROUGH OFFICE OF CIVIL TION. ual’s vote. RIGHTS.—The Attorney General shall carry (a) VOTING SYSTEMS.—Each voting system (c) SAMPLE BALLOT.— out this section through the Office of Civil used in an election for Federal office shall (1) MAILINGS TO VOTERS.—Not later than 10 Rights of the Department of Justice. meet the following requirements: days prior to the date of an election for Fed- (c) RELATION TO OTHER LAWS.—The rem- (1) The voting system shall permit the eral office, the appropriate election official edies established by this section are in addi- voter to verify the votes selected by the shall mail to each individual who is reg- tion to all other rights and remedies pro- voter on a ballot before the ballot is cast and istered to vote in such election a sample vided by law. tabulated, and shall provide the voter with version of the ballot which will be used for Subtitle D—Miscellaneous the opportunity to correct any error before the election together with— SEC. ll41. RELATIONSHIP TO OTHER LAWS. the ballot is cast and tabulated. (A) information regarding the date of the (a) IN GENERAL.—Nothing in this title may (2) If the voter selects votes for more than election and the hours during which polling be construed to authorize or require conduct one candidate for a single office, the voting places will be open; prohibited under the following laws, or su- system shall notify the voter before the bal- (B) instructions on how to cast a vote on persede, restrict, or limit such laws: lot is cast and tabulated of the effect of cast- the ballot; and (1) The National Voter Registration Act of ing multiple votes for the office, and shall (C) general information on voting rights 1993 (42 U.S.C. 1973gg et seq.). provide the voter with the opportunity to under Federal and applicable State laws and (2) The Voting Rights Act of 1965 (42 U.S.C. correct the ballot before the ballot is cast instructions on how to contact the appro- 1973 et seq.). and tabulated. priate officials if these rights are alleged to (3) The Voting Accessibility for the Elderly (3) If the voter selects votes for fewer than be violated. and Handicapped Act (42 U.S.C. 1973ee et the number of candidates for which votes (2) PUBLICATION AND POSTING.—The sample seq.). may be cast, the voting system shall notify version of the ballot which will be used for (4) The Uniformed and Overseas Citizens the voter before the ballot is cast and tab- an election for Federal office and which is Absentee Voting Act (42 U.S.C. 1973ff et seq.). ulated of the effect of such selection, and mailed under paragraph (1) shall be pub- (5) The Americans with Disabilities Act of shall provide the voter with the opportunity lished in a newspaper of general circulation 1990 (42 U.S.C. 1994 et seq.). to correct the ballot before the ballot is cast in the applicable geographic area not later (b) NO EFFECT ON PRECLEARANCE OR OTHER and tabulated. than 10 days prior to the date of the election, REQUIREMENTS UNDER VOTING RIGHTS ACT.—

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18194 CONGRESSIONAL RECORD—SENATE October 1, 2001 The approval by the Attorney General of a may have been exposed to radioactive or haz- sonnel strengths for such fiscal year State’s application for a grant under subtitle ardous substances associated with nuclear for the Armed Forces, and for other B, or any other action taken by the Attorney weapons at such facilities; and purposes; which was ordered to lie on General or a State under such subtitle, shall (C) to submit to Congress a report on such the table; as follows: not be considered to have any effect on re- actions by May 1, 2001. quirements for preclearance under section 5 (8) It is critical to maintain national se- At the end of subtitle B of title II, add the of the Voting Rights Act of 1965 or any other crets regarding nuclear weapons, but more following: requirements of such Act. openness on nuclear weapons activities now SEC. 215. BIG CROW PROGRAM AND DEFENSE consigned to history is needed to protect the SYSTEMS EVALUATION PROGRAM. SA 1770. Mr. HARKIN submitted an health of former workers at defense nuclear (a) INCREASE IN AUTHORIZATION OF APPRO- amendment intended to be proposed by weapons production facilities and the public. PRIATIONS FOR RESEARCH, DEVELOPMENT, him to the bill S. 1438, to authorize ap- (b) MODIFICATION OF GENERAL REQUIRE- TEST, AND EVALUATION, DEFENSE-WIDE.—The propriations for fiscal year 2002 for MENTS.—Section 1078(b) of the Floyd D. amount authorized to be appropriated by military activities of the Department Spence National Defense Authorization Act section 201(4) for research, development, test, and evaluation, Defense-wide, is hereby in- of Defense, for military constructions, for Fiscal Year 2001 (as enacted by Public Law 106–398; 114 Stat. 1654A–283) is amended— creased by $8,000,000, with the amount of the and for defense activities of the De- increase to be available for operational test partment of Energy, to prescribe per- (1) in paragraph (1), by inserting ‘‘, or its contractors or subcontractors,’’ after ‘‘De- and evaluation (PE605118D). sonnel strengths for such fiscal year partment of Defense’’; and (b) AVAILABILITY OF FUNDS.—Of the for the Armed Forces, and for other (2) in paragraph (3), by striking ‘‘stored, amount authorized to be appropriated by purposes; which was ordered to lie on assembled, disassembled, or maintained’’ and section 201(4), as increased by subsection the table; as follows: inserting ‘‘manufactured, assembled, or dis- (a)— At the end of subtitle E of title X, add the assembled’’. (1) $6,600,000 shall be available for the Big following: (c) DETERMINATION OF EXPOSURES AT Crow program; and (2) $1,500,000 shall be available for the De- SEC. 1066. PROTECTION OF WORKER HEALTH AT IAAP.—The Secretary of Defense shall take IOWA ARMY AMMUNITION PLANT, appropriate actions to determine the nature fense Systems Evaluation (DSE) program. IOWA. and extent of the exposure of current and (c) OFFSET.—The amount authorized to be (a) FINDINGS.—Congress makes the fol- former employees at the Army facility at the appropriated by section 301(5) for operation lowing findings: Iowa Army Ammunition Plant, Iowa, includ- and maintenance for Defense-wide activities (1) Workers at the Atomic Energy Commis- ing contractor and subcontractor employees is hereby reduced by $8,000,000. sion nuclear weapons production facility at at the facility, to radioactive or other haz- Mr. KENNEDY submitted an the Iowa Army Ammunition Plant, Iowa ardous substances at the facility, including SA 1772. (IAAP), from 1947 to 1975 were exposed to ra- possible pathways for the exposure of such amendment intended to be proposed by dioactive and other hazardous substances employees to such substances. him to the bill S. 1438, to authorize ap- that could harm their health. (d) NOTIFICATION OF EMPLOYEES REGARDING propriations for fiscal year 2002 for (2) Workers at the Army plant at the IAAP EXPOSURE.—(1) The Secretary shall take ap- military activities of the Department worked for the same contractor as workers propriate actions to— of Defense, for military constructions, in the nuclear weapons production facility, (A) identify current and former employees and for defense activities of the De- at the same site, and sometimes in buildings at the facility referred to in subsection (c), partment of Energy, to prescribe per- that had been used for nuclear weapons including contractor and subcontractor em- work. Workers at the Army plant were ex- ployees at the facility; and sonnel strengths for such fiscal year posed to many of the radioactive and other (B) notify such employees of known or pos- for the Armed Forces, and for other hazardous substances to which workers at sible exposures to radioactive or other haz- purposes; which was ordered to lie on the Atomic Energy Commission facility were ardous substances at the facility. the table; as follows: exposed. Some workers worked at both the (2) Notice under paragraph (1)(B) shall in- Beginning on page 217, strike line 18 and Atomic Energy Commission facility and the clude— all that follows through page 226, line 17, and Army plant. (A) information on the discussion of expo- insert the following: (3) The policy of the Department of De- sures covered by such notice with health Subtitle A—TRICARE Benefits Modernization fense to neither confirm nor deny the pres- care providers and other appropriate persons ence of nuclear weapons at any site has pre- who do not hold a security clearance; and SEC. 701. REQUIREMENT FOR INTEGRATION OF BENEFITS. vented the Department from acknowledging (B) if necessary, appropriate guidance on (a) IN GENERAL.—The Secretary of Defense the reason for some exposures of workers to contacting health care providers and offi- shall— radioactive or other hazardous substances at cials involved with cleanup of the facility (1) terminate the Individual Case Manage- Department facilities, and secrecy oaths who hold an appropriate security clearance. have discouraged some workers from dis- (3) Notice under paragraph (1)(B) shall be ment Program carried out under section cussing possible exposure to such substances by mail or other appropriate means, as de- 1079(a)(17) of title 10, United States Code (as at such facilities with their health care pro- termined by the Secretary. in effect on September 30, 2001); and viders and other officials. (e) DEADLINE FOR ACTIONS.—The Secretary (2) integrate the beneficiaries under that (4) The Department of Energy has publicly shall complete the actions required by sub- program, and the furnishing of care to those acknowledged that nuclear weapons were sections (c) and (d) not later than 60 days beneficiaries, into the TRICARE program as manufactured and dismantled at the IAAP after the date of the enactment of this Act. modified pursuant to the amendments made before the plant was closed more than 25 (f) REPORT.—Not later than 60 days after by this subtitle. years ago. the date of the enactment of this Act, the (b) REPEAL OF SEPARATE AUTHORITY.—Sec- (5) In the past, the Department of Defense Secretary shall submit to the Committees on tion 1079 of title 10, United States Code, is has publicly acknowledged that the United Armed Services of the Senate and House of amended by striking paragraph (17). States had nuclear weapons in Alaska, Ha- Representatives a report setting forth the re- (c) SAVINGS PROVISION.—Nothing in this waii, Puerto Rico, Guam, Johnston Island, sults of the actions undertaken by the Sec- subtitle or the amendments made by this Midway Islands, the United Kingdom, West retary under this section, including any de- subtitle shall be construed— Germany, and Cuba, but has denied having terminations under subsection (c), the num- (1) to modify any eligibility requirement weapons in Iceland. ber of workers identified under subsection for any person receiving benefits under the (6) The Department of the Army in 1999 re- (d)(1)(A), the content of the notice to such Individual Case Management Program before quested permission to release the names of workers under subsection (d)(1)(B), and the October 1, 2001; or Army installations that were former nuclear status of progress on the provision of the no- (2) to terminate any benefits available weapons storage sites, and to release infor- tice to such workers under subsection under that program before that date. mation about such sites, but such permission (d)(1)(B). (d) CONSULTATION REQUIREMENT.—The Sec- was not granted. retary of Defense shall consult with the (7) Section 1078 of the Floyd D. Spence Na- SA 1771. Mr. BINGAMAN submitted other administering Secretaries referred to tional Defense Authorization Act for Fiscal an amendment intended to be proposed in section 1072(3) of title 10, United States Year 2001 (as enacted by Public Law 106–398; by him to the bill S. 1438, to authorize Code, in carrying out this section. 114 Stat. 1654A–282) requires the Secretary of appropriations for fiscal year 2002 for SEC. 702. DOMICILIARY AND CUSTODIAL CARE. Defense— (a) AUTHORITY.—Section 1077 of title 10, (A) to review Department of Defense classi- military activities of the Department United States Code, is amended— fication and security policies; of Defense, for military constructions, (1) in subsection (b)(1), by inserting before (B) to identify and notify former employ- and for defense activities of the De- the period end the following: ‘‘, except as ees of defense nuclear weapons facilities who partment of Energy, to prescribe per- provided in subsection (e)’’; and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18195 (2) by adding at the end the following new to reside in a community based care setting ‘‘(C) Training and rehabilitation, including subsection: instead of an institution. special education and assistive technology ‘‘(e) The prohibition in subsection (b)(1) ‘‘(c) DURATION OF POST-HOSPITAL EXTENDED devices. does not apply to domiciliary care or custo- CARE SERVICES.—The post-hospital extended ‘‘(D) Institutional care in private non- dial care that is provided to a patient by a care services provided in a skilled nursing fa- profit, public, and State institutions and fa- physician, nurse, paramedic, or other health cility to a patient during a spell of illness cilities and, when appropriate, transpor- care provider incident to other health care under subsection (b)(3) shall continue for as tation to and from such institutions and fa- authorized under subsection (a), whether or long as is medically necessary and appro- cilities. not— priate. The limitation on the number of days ‘‘(E) Any other services and supplies deter- ‘‘(1) the potential for the patient’s condi- of coverage under subsections (a)(2) and mined appropriate under regulations pre- tion of illness, injury, or bodily malfunction (b)(2)(A) of section 1812 of the Social Secu- scribed under paragraph (9). to improve might be nonexistent or minimal; rity Act (42 U.S.C. 1395d) shall not apply with ‘‘(3) The extended benefits under paragraph or respect to the care provided that patient. (1) may also include respite care for the pri- ‘‘(2) the care is provided for the purposes of ‘‘(d) COMMUNITY BASED SERVICES.—(1) To mary caregiver of a dependent eligible for maintaining function and preventing dete- qualify for community based services under extended benefits under this subsection. rioration.’’. this section, a patient shall require a level of ‘‘(4) Home health supplies and services may (b) DOMICILIARY AND CUSTODIAL CARE DE- care that— be provided to a dependent under paragraph FINED.—Section 1072 of such title is amended ‘‘(A) is available to the patient in a nurs- (2)(B) as other than part-time or intermit- by adding at the end the following new para- ing facility or hospital; and tent services (as determined in accordance graphs: ‘‘(B) if such level of care were provided to with the second sentence of section 1861(m) ‘‘(8) The term ‘domiciliary care’ means the patient in such a nursing facility or hos- of the Social Security Act (42 U.S.C. treatment or services involving assistance pital, would be paid for (in whole or in part) 1395x(m)) only if— with the performance of activities of daily under this chapter at a cost to the United ‘‘(A) the provision of such supplies and living that is provided to a patient in a States that is equal to or greater than the services in the home of the dependent is home-like setting because— cost that would be incurred by the United medically appropriate; and ‘‘(A) the treatment or services are not States to provide the community based serv- ‘‘(B) the cost of the provision of such sup- available, or are not suitable to be provided, ices to the patient under this section. plies and services to the dependent is equal to the patient in the patient’s home; or ‘‘(2) Community based services may only to or less than the cost of the provision of ‘‘(B) no member of the patient’s family is be provided to a patient under this section in similar supplies and services to the depend- willing to provide the treatment or services. accordance with a plan of care established by ent in a skilled nursing facility. ‘‘(9) The term ‘custodial care’— the patient’s physician. ‘‘(5) Subsection (a)(13) shall not apply to ‘‘(A) means treatment or services that— ‘‘(e) REGULATIONS.—The Secretary of De- the provision of care and services determined ‘‘(i) could be provided safely and reason- fense shall, after consultation with the other appropriate to be provided as extended bene- ably by a person not trained as a physician, administering Secretaries, prescribe regula- fits under this subsection. nurse, paramedic, or other health care pro- tions to carry out this section. ‘‘(6) Subject to paragraph (7), a member of ‘‘(f) DEFINITIONS.—In this section: vider; or the uniformed services shall pay a share of ‘‘(1) The term ‘extended care services’ has ‘‘(ii) are provided principally to assist the the cost of any care and services provided as the meaning given the term in subsection (h) recipient of the treatment or services with extended benefits to any of the dependents of of section 1861 of the Social Security Act (42 the performance of activities of daily living; the member under this subsection as follows: U.S.C. 1395x). and ‘‘(A) In the case of a member in the lowest ‘‘(2) The term ‘post-hospital extended serv- ‘‘(B) includes any treatment or service de- enlisted pay grade, the first $25 of the cumu- ices’ has the meaning given the term in sub- scribed in subparagraph (A) without regard lative costs of all care furnished to one or section (i) of section 1861 of the Social Secu- to— more dependents of the member in a month. rity Act (42 U.S.C. 1395x). ‘‘(i) the source of any recommendation to ‘‘(B) In the case of a member in the highest ‘‘(3) The term ‘home health services’ has provide the treatment or service; and commissioned pay grade, the first $250 of the the meaning given the term in subsection ‘‘(ii) the setting in which the treatment or cumulative costs of all care furnished to one (m) of section 1861 of the Social Security Act service is provided.’’. or more dependents of the member in a (42 U.S.C. 1395x). SEC. 703. LONG TERM CARE. month. ‘‘(4) The term ‘skilled nursing facility’ has ‘‘(C) In the case of a member in any other (a) LIMITATION.—Chapter 55 of title 10, the meaning given the term in section 1819(a) United States Code, is amended by inserting pay grade, a fixed amount of the cumulative of the Social Security Act (42 U.S.C. 1395i– after section 1074i the following new section: costs of all care furnished to one or more de- 3(a)). pendents of the member in a month, as pre- ‘‘§ 1074j. Long term care benefits program ‘‘(5) The term ‘spell of illness’ has the scribed for that pay grade in regulations pre- ‘‘(a) REQUIREMENT FOR PROGRAM.—The Sec- meaning given the term in subsection (a) of scribed under paragraph (9). retary of Defense shall provide long term section 1861 of the Social Security Act (42 ‘‘(7)(A) In the case of extended benefits pro- health care benefits under the TRICARE pro- U.S.C. 1395x).’’. vided under subparagraph (C) or (D) of para- gram in an effective and efficient manner (b) CLERICAL AMENDMENT.—The table of graph (2) to a dependent of a member of the that integrates those benefits with the bene- sections at the beginning of such chapter is uniformed services— fits provided on a less than a long term basis amended by inserting after the item relating ‘‘(i) the Government’s share of the total under the TRICARE program. to section 1074i the following new item: cost of providing such benefits in any month ‘‘(b) AUTHORIZED CARE.—The types of ‘‘1074j. Long term care benefits program.’’. shall not exceed $2,500, except for costs that health care authorized to be provided under SEC. 704. EXTENDED BENEFITS FOR DISABLED a member is exempt from paying under sub- this section shall include the following: BENEFICIARIES. paragraph (B); and ‘‘(1) The types of health care authorized to Section 1079 of title 10, United States Code, ‘‘(ii) the member shall pay (in addition to be acquired by contract under section 1079 of is amended by striking subsections (d), (e), any amount payable under paragraph (6)) the this title. and (f) and inserting the following: amount, if any, by which the amount of such ‘‘(2) Extended care services. ‘‘(d)(1) The health care benefits contracted total cost for the month exceeds the Govern- ‘‘(3) Post-hospital extended care services. for under this section shall include extended ment’s maximum share under clause (i). ‘‘(4) Comprehensive intermittent home benefits for dependents referred to in the ‘‘(B) A member of the uniformed services health services. first sentence of subsection (a) who have any who incurs expenses under subparagraph (A) ‘‘(5) Subject to subsection (d), community of the following qualifying conditions: for a month for more than one dependent based services, as follows:. ‘‘(A) Moderate or severe mental retarda- shall not be required to pay for the month ‘‘(A) Nursing services provided by or under tion. under clause (ii) of that subparagraph an the supervision of a nurse. ‘‘(B) A serious physical disability. amount greater than the amount the mem- ‘‘(B) Therapy services. ‘‘(C) Any extraordinary physical or psycho- ber would otherwise be required to pay under ‘‘(C) Medical equipment and supplies. logical condition. that clause for the month if the member ‘‘(D) In the case of a patient with concur- ‘‘(2) The extended benefits under paragraph were incurring expenses under that subpara- rent skilled care needs, the following: (1) may include comprehensive health care graph for only one dependent. ‘‘(i) Home health aide services. and case management services, to the extent ‘‘(8) To qualify for extended benefits under ‘‘(ii) Performance of chores. not otherwise provided under this chapter subparagraph (C) or (D) of paragraph (2), a ‘‘(iii) Adult day care services. with respect to a qualifying condition, as fol- dependent of a member of the uniformed ‘‘(iv) Respite care. lows: services shall be required to use public facili- ‘‘(v) Any other medical or social service ‘‘(A) Diagnosis. ties to the extent such facilities are avail- that contributes to the health and well-being ‘‘(B) Inpatient, outpatient, and comprehen- able and adequate, as determined under joint of the patient and the ability of the patient sive home health supplies and services. regulations of the administering Secretaries.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18196 CONGRESSIONAL RECORD—SENATE October 1, 2001 ‘‘(9) The Secretary of Defense, in consulta- (3) The absence of adequate cooperation be- given such term under applicable State law tion with the other administering Secre- tween public safety employers and employ- in effect on the date of enactment of this taries, shall prescribe regulations to carry ees has implications for the security of em- Act. If no such State law is in effect, the out this subsection.’’. ployees and can affect interstate and intra- term means an individual, employed by a SEC. 705. CONFORMING REPEALS. state commerce. The lack of such labor-man- public safety employer, who— The following provisions of law are re- agement cooperation can detrimentally im- (A) has the authority in the interest of the pealed: pact the upgrading of police and fire services employer to hire, direct, assign, promote, re- (1) Section 703 of the National Defense Au- of local communities, the health and well- ward, transfer, furlough, lay off, recall, sus- thorization Act for Fiscal Year 2000 (Public being of public safety officers, and the mo- pend, discipline, or remove public safety offi- Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note). rale of the fire and police departments. Addi- cers, to adjust their grievances, or to effec- (2) Section 8118 of the Department of De- tionally, these factors could have significant tively recommend such action, if the exer- fense Appropriations Act, 2000 (Public Law commercial repercussions. Moreover, pro- cise of the authority is not merely routine or 106–79; 113 Stat. 1260). viding minimal standards for collective bar- clerical in nature but requires the consistent (3) Section 8100 of the Department of De- gaining negotiations in the public safety sec- exercise of independent judgment; and fense Appropriations Act, 2001 (Public Law tor can prevent industrial strife between (B) devotes a majority of time at work ex- 106–259; 114 Stat. 696). labor and management that interferes with ercising such authority. SEC. 710A. REPORT TO CONGRESS ON RELATION- the normal flow of commerce. SEC. ll04. DETERMINATION OF RIGHTS AND RE- SHIP AMONG FEDERAL LONG-TERM SEC. ll03. DEFINITIONS. SPONSIBILITIES. CARE INITIATIVES. In this title: (a) DETERMINATION.— Not later than April 1, 2002, the Secretary (1) AUTHORITY.—The term ‘‘Authority’’ (1) IN GENERAL.—Not later than 180 days of Defense shall submit to Congress a report means the Federal Labor Relations Author- after the date of enactment of this Act, the on the relationship and compatibility of the ity. Authority shall make a determination as to long term care insurance program under (2) EMERGENCY MEDICAL SERVICES PER- whether a State substantially provides for chapter 90 of title 5, United States Code (as SONNEL.—The term ‘‘emergency medical the rights and responsibilities described in added by the Federal Long-Term Care Secu- services personnel’’ means an individual who subsection (b). rity Act), and other initiatives of the Fed- provides out-of-hospital emergency medical (2) SUBSEQUENT DETERMINATIONS.— eral Government to provide long term care care, including an emergency medical tech- (A) IN GENERAL.—A determination made benefits for which members of the uniformed nician, paramedic, or first responder. pursuant to paragraph (1) shall remain in ef- services and their dependents are or would be fect unless and until the Authority issues a (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The eligible. terms ‘‘employer’’ and ‘‘public safety agen- subsequent determination, in accordance SEC. 710B. EFFECTIVE DATE. cy’’ mean any State, political subdivision of with the procedures set forth in subpara- This subtitle and the amendments made by a State, the District of Columbia, or any ter- graph (B). (B) PROCEDURES FOR SUBSEQUENT DETER- this subtitle shall take effect on October 1, ritory or possession of the United States 2001. MINATIONS.—Upon establishing that a mate- that employs public safety officers. rial change in State law or its interpretation (4) FIREFIGHTER.—The term ‘‘firefighter’’ SA 1773. Mr. KENNEDY submitted an has occurred, an employer or a labor organi- has the meaning given the term ‘‘employee amendment intended to be proposed by zation may submit a written request for a engaged in fire protection activities’’ in sec- subsequent determination. If satisfied that a him to the bill S. 1438, to authorize ap- tion 3(y) of the Fair Labor Standards Act (29 material change in State law or its interpre- propriations for fiscal year 2002 for U.S.C. 203(y)). tation has occurred, the Director shall issue military activities of the Department (5) LABOR ORGANIZATION.—The term ‘‘labor a subsequent determination not later than 30 of Defense, for military constructions, organization’’ means an organization com- days after receipt of such request. posed in whole or in part of employees, in and for defense activities of the De- (3) JUDICIAL REVIEW.—Any State, political partment of Energy, to prescribe per- which employees participate, and which rep- subdivision of a State, or person aggrieved sonnel strengths for such fiscal year resents such employees before public safety by a determination of the Authority under for the Armed Forces, and for other agencies concerning grievances, conditions this section may, during the 60 day period purposes; which was ordered to lie on of employment and related matters. beginning on the date on which the deter- (6) LAW ENFORCEMENT OFFICER.—The term the table; as follows: mination was made, petition any United ‘‘law enforcement officer’’ has the meaning States Court of Appeals in the circuit in At the appropriate place, insert the fol- given such term in section 1204(5) of the Om- which the person resides or transacts busi- lowing: nibus Crime Control and Safe Streets Act of ness or in the District of Columbia circuit, TITLE—PUBLIC SAFETY EMPLOYER- 1968 (42 U.S.C. 3796b(5)). for judicial review. In any judicial review of EMPLOYEE COOPERATION (7) MANAGEMENT EMPLOYEE.—The term a determination by the Authority, the proce- SEC. ll01. SHORT TITLE. ‘‘management employee’’ has the meaning dures contained in subsections (c) and (d) of This title may be cited as the ‘‘Public given such term under applicable State law section 7123 of title 5, United States Code, Safety Employer-Employee Cooperation Act in effect on the date of enactment of this shall be followed, except that any final de- of 2001’’. Act. If no such State law is in effect, the termination of the Authority with respect to SEC. ll02. DECLARATION OF PURPOSE AND term means an individual employed by a questions of fact or law shall be found to be POLICY. public safety employer in a position that re- conclusive unless the court determines that The Congress declares that the following is quires or authorizes the individual to formu- the Authority’s decision was arbitrary and the policy of the United States: late, determine, or influence the policies of capricious. (1) Labor-management relationships and the employer. (b) RIGHTS AND RESPONSIBILITIES.—In mak- partnerships are based on trust, mutual re- (8) PUBLIC SAFETY OFFICER.—The term ing a determination described in subsection spect, open communication, bilateral con- ‘‘public safety officer’’— (a), the Authority shall consider whether sensual problem solving, and shared account- (A) means an employee of a public safety State law provides rights and responsibilities ability. Labor-management cooperation agency who is a law enforcement officer, a comparable to or greater than the following: fully utilizes the strengths of both parties to firefighter, or an emergency medical services (1) Granting public safety officers the right best serve the interests of the public, oper- personnel; to form and join a labor organization, which ating as a team, to carry out the public safe- (B) includes an individual who is tempo- may exclude management and supervisory ty mission in a quality work environment. In rarily transferred to a supervisory or man- employees, that is, or seeks to be, recognized many public safety agencies it is the union agement position; and as the exclusive bargaining representative of that provides the institutional stability as (C) does not include a permanent super- such employees. elected leaders and appointees come and go. visory or management employee. (2) Requiring public safety employers to (2) The Federal Government needs to en- (9) SUBSTANTIALLY PROVIDES.—The term recognize the employees’ labor organization courage conciliation, mediation, and vol- ‘‘substantially provides’’ means compliance (freely chosen by a majority of the employ- untary arbitration to aid and encourage em- with the essential requirements of this title, ees), to agree to bargain with the labor orga- ployers and their employees to reach and specifically, the right to form and join a nization, and to commit any agreements to maintain agreements concerning rates of labor organization, the right to bargain over writing in a contract or memorandum of un- pay, hours, and working conditions, and to wages, hours, and conditions of employment, derstanding. make all reasonable efforts through negotia- the right to sign an enforceable contract, (3) Permitting bargaining over hours, tions to settle their differences by mutual and availability of some form of mechanism wages, and terms and conditions of employ- agreement reached through collective bar- to break an impasse, such as arbitration, me- ment. gaining or by such methods as may be pro- diation, or fact finding. (4) Requiring an interest impasse resolu- vided for in any applicable agreement for the (10) SUPERVISORY EMPLOYEE.—The term tion mechanism, such as fact-finding, medi- settlement of disputes. ‘‘supervisory employee’’ has the meaning ation, arbitration or comparable procedures.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18197 (5) Requiring enforcement through State issued by the Authority pursuant to this sec- for the Armed Forces, and for other courts of— tion shall terminate upon the filing of a peti- purposes; which was ordered to lie on (A) all rights, responsibilities, and protec- tion seeking the same relief by the Author- the table; as follows: tions provided by State law and enumerated ity. On page 264, strike all on line 11 through in this section; and ll SEC. 06. STRIKES AND LOCKOUTS PROHIB- the period on page 266, line 6, and insert in (B) any written contract or memorandum ITED. lieu thereof the following: of understanding. A public safety employer, officer, or labor (b) LIMITED COMPETITION REQUIREMENT.—If (c) FAILURE TO MEET REQUIREMENTS.—If organization may not engage in a lockout, the Secretary determines that a Federal the Authority determines, acting pursuant sickout, work slowdown, or strike or engage Prison Industries product is not comparable to its authority under subsection (a), that a in any other action that is designed to com- in price, quality, and time of delivery to State does not substantially provide for the pel an employer, officer, or labor organiza- products available from the private sector, rights and responsibilities described in sub- tion to agree to the terms of a proposed con- the Secretary may use competitive proce- section (b), such State shall be subject to the tract and that will measurably disrupt the dures for the procurement of the product. In regulations and procedures described in sec- delivery of emergency services, except that conducting such a competition, the Sec- tion ll05. it shall not be a violation of this section for retary shall consider a timely offer from ll SEC. 05. ROLE OF FEDERAL LABOR RELA- an employer, officer, or labor organization to Federal Prison Industries for award in ac- TIONS AUTHORITY. refuse to provide services not required by the cordance with the specifications and evalua- (a) IN GENERAL.—Not later than 1 year terms and conditions of an existing contract. tion factors specified in the solicitation. The after the date of enactment of this Act, the SEC. ll07. EXISTING COLLECTIVE BARGAINING Secretary may employ the same procedures Authority shall issue regulations in accord- UNITS AND AGREEMENTS. in relation to Federal Prison Industries prod- ance with the rights and responsibilities de- A certification, recognition, election-held, ucts purchased by private vendors con- ll scribed in section 04(b) establishing col- collective bargaining agreement or memo- tracted by the Department of Defense, if he lective bargaining procedures for public safe- randum of understanding which has been determines that a Federal Prison Industries ty employers and officers in States which issued, approved, or ratified by any public product is not comparable in price, quality, the Authority has determined, acting pursu- employee relations board or commission or and time of delivery to products available ll ant to its authority under section 04(a), by any State or political subdivision or its from the private sector. do not substantially provide for such rights agents (management officials) in effect on and responsibilities. the day before the date of enactment of this SA 1775. Mr. GRAMM submitted an (b) ROLE OF THE FEDERAL LABOR RELATIONS Act shall not be invalidated by the enact- amendment intended to be proposed by AUTHORITY.—The Authority, to the extent ment of this Act. him to the bill S. 1438, to authorize ap- provided in this title and in accordance with SEC. 08. CONSTRUCTION AND COMPLIANCE. regulations prescribed by the Authority, propriations for fiscal year 2002 for (a) CONSTRUCTION.—Nothing in this title military activities of the Department shall— shall be construed— (1) determine the appropriateness of units (1) to invalidate or limit the remedies, of Defense, for military constructions for labor organization representation; rights, and procedures of any law of any and for defense activities of the De- (2) supervise or conduct elections to deter- State or political subdivision of any State or partment of Energy, to prescribe per- mine whether a labor organization has been jurisdiction that provides collective bar- sonnel strengths for such fiscal year selected as an exclusive representative by a gaining rights for public safety officers that for the Armed Forces, and for other majority of the employees in an appropriate are equal to or greater than the rights pro- unit; purposes; which was ordered to lie on vided under this title; or the table; as follows: (3) resolve issues relating to the duty to (2) to prevent a State from prohibiting bar- On page 264, strike all on line 11 through bargain in good faith; gaining over issues which are traditional and the period on page 266, line 6, and insert in (4) conduct hearings and resolve com- customary management functions, except as lieu thereof the following: plaints of unfair labor practices; provided in section ll04(b)(3). (b) LIMITED COMPETITION REQUIREMENT.—If (5) resolve exceptions to the awards of arbi- (b) COMPLIANCE.—No State shall preempt the Secretary determines that a Federal trators; and laws or ordinances of any of its political sub- Prison Industries product (including a prod- (6) take such other actions as are nec- divisions if such laws provide collective bar- uct that is integral to, or embedded in, a essary and appropriate to effectively admin- gaining rights for public safety officers that product that is not available from Federal ister this title, including issuing subpoenas are equal to or greater than the rights pro- Prison industries) is not comparable in price, requiring the attendance and testimony of vided under this title. witnesses and the production of documen- quality, and time of delivery to products SEC. 09. AUTHORIZATION OF APPROPRIATIONS. tary or other evidence from any place in the available from the private sector, the Sec- There are authorized to be appropriated United States, and administering oaths, tak- retary may use competitive procedures for such sums as may be necessary to carry out ing or ordering the taking of depositions, or- the procurement of the product. In con- the provisions of this title. dering responses to written interrogatories, ducting such a competition, the Secretary and receiving and examining witnesses. TITLE—ANTI-TERRORISM TRAINING shall consider a timely offer from Federal (c) ENFORCEMENT.— GRANTS Prison Industries for award in accordance (1) AUTHORITY TO PETITION COURT.—The Au- As authorized by Sections 819 and 821 of with the specifications and evaluation fac- thority may petition any United States the Antiterrorism and Effective Death Pen- tors specified in the solicitation. Court of Appeals with jurisdiction over the alty Act of 1996, $12,600,000 is designated to parties, or the United States Court of Ap- the Office for State and Local Domestic Pre- SA 1776. Mr. GRAMM submitted an peals for the District of Columbia Circuit, to paredness Support in the Department of Jus- amendment intended to be proposed by enforce any final orders under this section, tice for purposes of making grants to train him to the bill S. 1438, to authorize ap- and for appropriate temporary relief or a re- fire fighters to respond to acts of terrorism. propriations for fiscal year 2002 for straining order. Any petition under this sec- Grants shall be made to national nonprofit military activities of the Department tion shall be conducted in accordance with employee organizations that have experience of Defense, for military constructions, subsections (c) and (d) of section 7123 of title in providing terrorism response training and for defense activities of the De- 5, United States Code, except that any final using skilled instructors, who are both fire order of the Authority with respect to ques- fighters and certified instructors, to train partment of Energy, to prescribe per- tions of fact or law shall be found to be con- fire fighters to safely and effectively respond sonnel strengths for such fiscal year clusive unless the court determines that the to terrorist attacks. for the Armed Forces, and for other Authority’s decision was arbitrary and capri- There are authorized to be appropriated purposes, which was ordered to lie on cious. $12,600,000 to carry out this provision. the table; as follows: (2) PRIVATE RIGHT OF ACTION.—Unless the On page 294, between lines 16 and 17, insert Authority has filed a petition for enforce- SA 1774. Mr. GRAMM submitted an the following: ment as provided in paragraph (1), any party amendment intended to be proposed by SEC. 833. INCREASED THRESHOLD AMOUNT FOR has the right to file suit in a State court of him to the bill S. 1438, to authorize ap- APPLICABILITY OF DAVIS-BACON competent jurisdiction to enforce compli- propriations for fiscal year 2002 for ACT AND SERVICE CONTRACT ACT ance with the regulations issued by the Au- military activities of the Department OF 1965. thority pursuant to subsection (b), and to en- (a) DAVIS-BACON ACT.—Section 1(a) of the force compliance with any order issued by of Defense, for military constructions, Act of March 3, 1931 (popularly known as the the Authority pursuant to this section. The and for defense activities of the De- ‘‘Davis-Bacon Act’’; 40 U.S.C. 276a(a)), is right provided by this subsection to bring a partment of Energy, to prescribe per- amended by striking ‘$2,000’’ in the first sen- suit to enforce compliance with any order sonnel strengths for such fiscal year tence and inserting ‘‘$1,000,000’’.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18198 CONGRESSIONAL RECORD—SENATE October 1, 2001 (b) SERVICE CONTRACT ACT OF 1965.—Sec- SA 1780. Mr. COCHRAN submitted an section 2228 of title 10, United States Code, tion 2(a) of the Service Contract Act of 1965 amendment intended to be proposed by as added by subsection (a). (41 U.S.C. 351) is amended by striking him to the bill S. 1438, to authorize ap- ‘‘$2,500’’ and inserting $1,000,000’’. SA 1781. Mr. MCCAIN submitted an propriations for fiscal year 2002 for amendment intended to be proposed by military activities of the Department SA 1777. Mr. GRAMM submitted an him to the bill S. 1438, to authorize ap- of Defense, for military constructions, amendment intended to be proposed by propriations for fiscal year 2002 for and for defense activities of the De- him to the bill S. 1438, to authorize ap- military activities of the Department partment of Energy, to prescribe per- propriations for fiscal year 2002 for of Defense, for military constructions, sonnel strengths for such fiscal year military activities of the Department and for defense activities of the De- for the Armed Forces, and for other of Defense, for military constructions, partment of Energy, to prescribe per- purposes; which was ordered to lie on and for defense activities of the De- sonnel strengths for such fiscal year the table; as follows: partment of Energy, to prescribe per- for the Armed Forces, and for other sonnel strengths for such fiscal year On page 363, after line 25, insert the fol- purposes; which was ordered to lie on lowing: for the Armed Forces, and for other the table; as follows: SEC. 1066. DEPARTMENT OF DEFENSE STRA- purposes; which was ordered to lie on TEGIC LOAN AND LOAN GUARANTY On page 217, between lines 16 and 17, insert the table; as follows: PROGRAM. the following: Strike Section 821 and insert in lieu therof (a) AUTHORITY.—(1) Chapter 131 of title 10, SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY the following: United States Code, is amended by adding at AND MARINE CORPS APPROVED FOR SEC. 821. The General Accounting Office the end the following new section: PROMOTION WHILE INTERNED AS shall conduct a study of existing procure- PRISONERS OF WAR DURING WORLD ‘‘§ 2228. Department of Defense strategic loan WAR II. ment procedures, regulations, and statutes and loan guaranty program which govern procurement transactions be- (a) ENTITLEMENT OF FORMER PRISONERS OF ‘‘(a) AUTHORITY.—The Secretary of Defense WAR.—Upon receipt of a claim made in ac- tween the Department of Defense and Fed- may carry out a program to make direct eral Prison Industries, and any joint rec- cordance with this section, the Secretary of loans and guarantee loans for the purpose of the Navy shall pay back pay to a claimant ommendation of the Department of Defense supporting the attainment of the objectives and Department of Justice. A report con- who, by reason of being interned as a pris- set forth in subsection (b). oner of war while serving as a member of the taining the findings of the study and rec- ‘‘(b) OBJECTIVES.—The Secretary may, ommendations on the means to improve the Navy or the Marine Corps during World War under the program, make a direct loan to an II, was not available to accept a promotion efficiency and reduce the cost of such trans- applicant or guarantee the payment of the actions shall be submitted to the Senate for which the claimant was approved. principal and interest of a loan made to an (b) PROPER CLAIMANT FOR DECEASED Committee on Armed Services not later than applicant upon the Secretary’s determina- FORMER MEMBER.—In the case of a person de- April 30, 2002. tion that the applicant’s use of the proceeds scribed in subsection (a) who is deceased, the of the loan will support the attainment of SA 1778. Mr. GRAMM submitted an back pay for that deceased person under this any of the following objectives: section shall be paid to a member or mem- amendment intended to be proposed by ‘‘(1) Sustain the readiness of the United bers of the family of the deceased person de- him to the bill S. 1438, to authorize ap- States to carry out the national security ob- termined appropriate in the same manner as propriations for fiscal year 2002 for jectives of the United States through the is provided in section 6(c) of the War Claims military activities of the Department guarantee of steady domestic production of Act of 1948 (50 U.S.C. App. 2005(c)). of Defense, for military constructions, items necessary for low intensity conflicts to (c) AMOUNT OF BACK PAY.—(1) Subject to and for defense activities of the De- counter terrorism or other imminent threats paragraph (2), the amount of back pay pay- to the national security of the United able to or for a person described in sub- partment of Energy, to prescribe per- States. sonnel strengths for such fiscal year section (a) is the amount equal to the excess ‘‘(2) Sustain the economic stability of stra- of— for the Armed Forces, and for other tegically important domestic sectors of the (A) the total amount of basic pay that purposes; which was ordered to lie on defense industry that manufacture or con- would have been paid to that person for serv- the table; as follows: struct products for low-intensity conflicts ice in the Navy or the Marine Corps if the Strike section 821, and insert in lieu there- and counter terrorism to respond to attacks person had been promoted on the date on of the following: on United States national security and to which the promotion was approved, over protect potential United States civilian and ‘‘SEC. 821. PURCHASES FROM FEDERAL PRISON (B) the total amount of basic pay that was INDUSTRIES. military targets from attack. paid to or for that person for such service on ‘‘The Secretary of Defense, in consultation ‘‘(3) Sustain the production and use of sys- and after that date. with the Attorney General and the Chief Ex- tems that are critical for the exploration and (2) The amount determined for a person ecutive Officer of Federal Prison Industries, development of new domestic energy sources under paragraph (1) shall be increased to re- shall conduct a thorough review of procure- for the United States. flect increases in cost of living since the ‘‘(c) CONDITIONS.—A loan made or guaran- ment procedures involving the purchase of basic pay referred to in paragraph (1)(B) was teed under the program shall meet the fol- good from Federal Prison Industries. Fol- paid to or for that person, calculated on the lowing requirements: lowing such review, the Secretary of Defense basis of the Consumer Price Index (all ‘‘(1) The period for repayment of the loan may, in consultation with the Attorney Gen- items—United States city average) published may not exceed five years. eral and the Chief Executive Officer of Fed- monthly by the Bureau of Labor Statistics. ‘‘(2) The loan shall be secured by primary eral Prison Industries, override the denial of (d) TIME LIMITATIONS.—(1) To be eligible collateral that is sufficient to pay the total any waiver sought by the Department of De- for a payment under this section, a claimant amount of the unpaid principal and interest fense from mandatory source requirements, must file a claim for such payment with the of the loan in the event of default. if he concludes that such an override is in Secretary of Defense within two years after ‘‘(d) EVALUATION OF COST.—As part of the the public interest.’’. the effective date of the regulations imple- consideration of each application for a loan menting this section. Mr. GRAMM submitted an or for a guarantee of the loan under the pro- (2) Not later than 18 months after receiving SA 1779. gram, the Secretary shall evaluate the cost amendment intended to be proposed by a claim for payment under this section, the of the loan within the meaning of section Secretary shall determine the eligibility of him to the bill S. 1438, to authorize ap- 502(5) of the Federal Credit Reform Act of the claimant for payment of the claim. Sub- propriations for fiscal year 2002 for 1990 (2 U.S.C. 661a(5)).’’. ject to subsection (f), if the Secretary deter- military activities of the Department (2) The table of sections at the beginning of mines that the claimant is eligible for the of Defense, for military constructions, such section is amended by adding at the end payment, the Secretary shall promptly pay and for defense activities of the De- the following new item: the claim. partment of Energy, to prescribe per- ‘‘2228. Department of Defense strategic loan (e) REGULATIONS.—The Secretary of De- sonnel strengths for such fiscal year and loan guaranty program.’’. fense shall prescribe regulations to carry out for the Armed Forces, and for other (b) FUNDING.—Of the amounts appropriated this section. Such regulations shall include by Public Law 107–38, there shall be available procedures by which persons may submit purposes; which was ordered to lie on such sums as may be necessary for the costs claims for payment under this section. Such the table; as follows: (as defined in section 502(5) of the Federal regulations shall be prescribed not later than On page 264, strike all on line 21 through Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of six months after the date of the enactment the period on page 266, line 6. direct loans and loan guarantees made under of this Act.

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(f) LIMITATION ON DISBURSEMENT.—(1) Not- ice in the Navy or the Marine Corps if the (2) The amount authorized to be appro- withstanding any power of attorney, assign- person had been promoted on the date on priated by section 103(1) is hereby reduced by ment of interest, contract, or other agree- which the promotion was approved, over $99,000,000. ment, the actual disbursement of a payment (B) the total amount of basic pay that was under this section may be made only to each paid to or for that person for such service on SA 1783. Mr. MCCAIN submitted an person who is eligible for the payment under and after that date. amendment intended to be proposed by subsection (a) or (b) and only— (2) The amount determined for a person him to the bill S. 1438, to authorize ap- (A) upon the appearance of that person, in under paragraph (1) shall be increased to re- propriations for fiscal year 2002 for person, at any designated disbursement of- flect increases in cost of living since the fice in the United States or its territories; or basic pay referred to in paragraph (1)(B) was military activities of the Department (B) at such other location or in such other paid to or for that person, calculated on the of Defense, for military constructions, manner as that person may request in writ- basis of the Consumer Price Index (all and for defense activities of the De- ing. items—United States city average) published partment of Energy, to prescribe per- (2) In the case of a claim approved for pay- monthly by the Bureau of Labor Statistics. sonnel strengths for such fiscal year ment but not disbursed as a result of oper- (d) TIME LIMITATIONS.—(1) To be eligible for the Armed Forces, and for other ation of paragraph (1), the Secretary of De- for a payment under this section, a claimant purposes; which was ordered to lie on fense shall hold the funds in trust for the must file a claim for such payment with the person in an interest bearing account until Secretary of Defense within two years after the table; as follows: such time as the person makes an election the effective date of the regulations imple- On page 192, after line 20, insert the fol- under such paragraph. menting this section. lowing: (g) ATTORNEY FEES.—Notwithstanding any (2) Not later than 18 months after receiving SEC. 621. ELIGIBILITY FOR CERTAIN CAREER contract, the representative of a person may a claim for payment under this section, the CONTINUATION BONUSES FOR not receive, for services rendered in connec- Secretary shall determine the eligibility of EARLY COMMITMENT TO REMAIN ON tion with the claim of, or with respect to, a the claimant for payment of the claim. Sub- ACTIVE DUTY. person under this section, more than 10 per- ject to subsection (f), if the Secretary deter- (a) AVIATION OFFICERS.—Section 301b(b)(4) cent of the amount of a payment made under mines that the claimant is eligible for the of title 37, United States Code, is amended by this section on that claim. payment, the Secretary shall promptly pay striking ‘‘has completed’’ and inserting ‘‘is (h) OUTREACH.—The Secretary of the Navy the claim. within one year of the completion of’’. shall take such actions as are necessary to (e) REGULATIONS.—The Secretary of De- (b) SURFACE WARFARE OFFICES.—Section ensure that the benefits and eligibility for fense shall prescribe regulations to carry out 319(a)(3) of title 37, United States Code, is benefits under this section are widely pub- this section. Such regulations shall include amended by striking ‘‘has completed’’ and licized by means designed to provide actual procedures by which persons may submit inserting ‘‘is within one year of the comple- notice of the availability of the benefits in a claims for payment under this section. Such tion of’’. timely manner to the maximum number of regulations shall be prescribed not later than eligible persons practicable. six months after the date of the enactment SA 1784. Mr. KENNEDY (for himself, (i) DEFINITION.—In this section, the term of this Act. Mr. WARNER, Mrs. CLINTON, Mr. ‘‘World War II’’ has the meaning given the (f) LIMITATION ON DISBURSEMENT.—(1) Not- WELLSTONE and Mr. SCHUMER) sub- term in section 101(8) of title 38, United withstanding any power of attorney, assign- States Code. mitted an amendment intended to be ment of interest, contract, or other agree- proposed by him to the bill S. 1438, to ment, the actual disbursement of a payment SA 1782. Mr. MCCAIN submitted an under this section may be made only to each authorize appropriations for fiscal year amendment intended to be proposed by person who is eligible for the payment under 2002 for military activities of the De- him to the bill S. 1438, to authorize ap- subsection (a) or (b) and only— partment of Defense, for military con- propriations for fiscal year 2002 for (A) upon the appearance of that person, in structions, and for defense activities of military activities of the Department person, at any designated disbursement of- the Department of Energy, to prescribe of Defense, for military constructions, fice in the United States or its territories; or personnel strengths for such fiscal year and for defense activities of the De- (B) at such other location or in such other for the Armed Forces, and for other partment of Energy, to prescribe per- manner as that person may request in writ- purposes; which was ordered to lie on ing. sonnel strengths for such fiscal year (2) In the case of a claim approved for pay- the table; as follows: for the Armed Forces, and for other ment but not disbursed as a result of oper- At the appropriate place, insert the fol- purposes; which was ordered to lie on ation of paragraph (1), the Secretary of De- lowing: the table; as follows: fense shall hold the funds in trust for the TITLE llMENTAL HEALTH AND On page 217, between lines 16 and 17, insert person in an interest bearing account until TERRORISM the following: such time as the person makes an election Subtitle A—Planning and Training Grants under such paragraph. SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY ll (g) ATTORNEY FEES.—Notwithstanding any SEC. 01. GRANTS TO LOCAL EDUCATIONAL AND MARINE CORPS APPROVED FOR AGENCIES. PROMOTION WHILE INTERNED AS contract, the representative of a person may PRISONERS OF WAR DURING WORLD not receive, for services rendered in connec- (a) IN GENERAL.—The Secretary of Edu- WAR II. tion with the claim of, or with respect to, a cation (referred to in this section as the (a) ENTITLEMENT OF FORMER PRISONERS OF person under this section, more than 10 per- ‘‘Secretary’’), in consultation with the Sec- WAR.—Upon receipt of a claim made in ac- cent of the amount of a payment made under retary of Health and Human Services, shall cordance with this section, the Secretary of this section on that claim. award grants to eligible local educational the Navy shall pay back pay to a claimant (h) OUTREACH.—The Secretary of the Navy agencies (as such term is defined in section who, by reason of being interned as a pris- shall take such actions as are necessary to 14101 of the Elementary and Secondary Edu- oner of war while serving as a member of the ensure that the benefits and eligibility for cation Act of 1965) to enable such agencies to Navy or the Marine Corps during World War benefits under this section are widely pub- develop programs to respond to mental II, was not available to accept a promotion licized by means designed to provide actual health needs arising from a disaster. for which the claimant was approved. notice of the availability of the benefits in a (b) ELIGIBILITY.— (b) PROPER CLAIMANT FOR DECEASED timely manner to the maximum number of (1) IN GENERAL.—To be eligible to receive a FORMER MEMBER.—In the case of a person de- eligible persons practicable. grant under subsection (a) a local edu- scribed in subsection (a) who is deceased, the (i) DEFINITION.—In this section, the term cational agency, in consultation with the back pay for that deceased person under this ‘‘World War II’’ has the meaning given the State educational agency, shall prepare and section shall be paid to a member or mem- term in section 101(8) of title 38, United submit to the Secretary an application at bers of the family of the deceased person de- States Code. such time, in such manner, and containing termined appropriate in the same manner as (j) FUNDING.—(1) The amount authorized to such information as the Secretary may re- is provided in section 6(c) of the War Claims be appropriated under section 421 is hereby quire, including a plan for responding to the Act of 1948 (50 U.S.C. App. 2005(c)). increased by $99,000,000. Of the total amount mental health needs of school children and (c) AMOUNT OF BACK PAY.—(1) Subject to authorized to be appropriated by section 421, school personnel that may arise as a result paragraph (2), the amount of back pay pay- as so increased, $99,000,000 shall be available of a disaster that shall contain— able to or for a person described in sub- for carrying out this section. Notwith- (A) the name of an individual designated section (a) is the amount equal to the excess standing any other provision of this or any by each school involved to serve as the lead of— other Act, the amount set aside by the pre- coordinator responsible for responding to the (A) the total amount of basic pay that ceding sentence is authorized to be made mental health needs of students and school would have been paid to that person for serv- available for fiscal years 2002, 2003, and 2004. personnel affected by a disaster;

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18200 CONGRESSIONAL RECORD—SENATE October 1, 2001 (B) an assurance that the applicant, and SEC. ll02. AMENDMENT TO THE PUBLIC receives a grant under this section shall use each school involved, will provide materials HEALTH SERVICE ACT. amounts received under the grant to carry and training to all teachers, school coun- Title V of the Public Health Service Act out the programs and activities described in selors, and other appropriate school per- (42 U.S.C. 290aa et seq.) is amended— the application submitted by the grantee sonnel concerning the appropriate ways in (1) by redesignating the second part G (re- under subsection (b). which to talk with students about disasters; lating to services provided through religious ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (C) an assurance that the applicant will organizations) as part J; There is authorized to be appropriated to participate in the establishment of commu- (2) by redesignating sections 581 through carry out this section, such sums as may be nity partnerships between local educational 584 of such part as sections 596 through 596C; necessary for each of fiscal years 2002 agencies and mental health professionals and and through 2004. service systems, and to the extent appro- (3) by adding at the end the following: ‘‘(e) PROGRAM MANAGEMENT.—In carrying priate community-based organizations, to re- ‘‘PART K—MENTAL HEALTH AND out this section, the Secretary may use amounts appropriated under subsection (d) spond to the mental health needs that arise DISASTERS for the administration of the program under from a disaster; ‘‘Subpart I—Planning Grants this section. (D) an assurance that the applicant will es- ‘‘SEC. 597. GRANTS TO STATE AND LOCAL PUBLIC tablish a program for communicating with ‘‘SEC. 597A. DISASTER RESPONSE CLEARING- ENTITIES. HOUSE AND DISASTER HOTLINES. parents concerning appropriate responses to ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(a) IN GENERAL.—Not later than 60 days the mental health needs of students that re- award grants to eligible State and local pub- after the date of enactment of this part, the sult from a disaster and the services offered lic entities to enable such entities to develop Secretary shall establish and maintain a by the school with respect to such needs; programs to respond to mental health needs Mental Health Disaster Response Clearing- (E) an assurance that the applicant will es- arising from a disaster. house to collect and make available informa- tablish a program to educate teachers, par- ‘‘(b) ELIGIBILITY.— tion to assist local educational agencies, ents, school counselors, and other key per- ‘‘(1) IN GENERAL.—To be eligible to receive State and local governments, health care sonnel concerning the recognition of stu- a grant under subsection (a) a State or local providers, and the public in responding to dents who are exhibiting behaviors that may public entity shall prepare and submit to the mental health needs associated with disas- require a referral to a qualified mental Secretary an application at such time, in ters. health provider and the appropriate notifica- such manner, and containing such informa- ‘‘(b) PROVISION OF INFORMATION.—As part of tion of the parents or guardians of such stu- tion as the Secretary may require, includ- the clearinghouse established under sub- dents; and ing— section (a), the Secretary shall establish a (F) an assurance that the applicant will ‘‘(A) an assurance that the applicant will program for— provide for the equitable participation of pri- coordinate activities under the grant, includ- ‘‘(1) providing appropriate information to vate schools, that are located in the area to ing the coordination and management of vol- the media; and be served by the applicant, in the same man- unteer mental health providers, with— ‘‘(2) disseminating training-related cur- ner as such participation is provided for ‘‘(i) other governmental agencies; ricula and materials to mental health profes- under sections 14503 through 14506 of the Ele- ‘‘(ii) private service providers; and sionals. mentary and Secondary Education Act of ‘‘(iii) local educational agencies; ‘‘(c) DISASTER RESPONSE HOTLINES.—The 1965. ‘‘(B) the name of an individual designated Secretary shall award grants to State or (2) STATE COMMENTS.—A local educational by the applicant to serve as the lead coordi- local entities to enable such entities to de- agency submitting an application under this nator responsible for coordinating services velop, expand, or increase the capacity of 2- subsection shall provide notice of such appli- provided under the grant; 1-1 call centers or other universal hotlines, cation to the State educational agency and ‘‘(C) an assurance that the applicant will for the purpose of connecting the public to provide the State educational agency with develop a program to provide crisis coun- all available community information centers the opportunity to comment on such applica- seling services to individuals in the event of developed in response to a disaster and dis- tion. a disaster; aster recovery efforts, as well as connecting (3) GRANTS TO STATES.—The Secretary may ‘‘(D) an assurance that the applicant will the public to existing social services that are award a grant to a State under this section develop a program to provide information to available to support the public during the time of a disaster and recovery, including to enable the State— the public in the event of a disaster; mental health services. (A) to provide assistance to local edu- ‘‘(E) an assurance that the applicant will ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— cational agencies that do not otherwise ensure the availability of mental health pro- There is authorized to be appropriated to apply for or receive a grant under this sec- fessionals who are trained to meet the spe- carry out this section, such sums as may be tion, to assist such agencies in submitting cial mental health needs of disaster victims; necessary for each of fiscal years 2002 applications and developing plans under ‘‘(F) an assurance that the applicant will through 2004. paragraph (1); or establish a program to meet the mental ‘‘Subpart II—Training Grants (B) to coordinate State and local school health needs of special populations, includ- educational agency efforts under this sec- ing the disabled, minority groups, children, ‘‘SEC. 597E. TRAINING GRANTS. tion. and the elderly, and where appropriate, rural ‘‘(a) IN GENERAL.—The Secretary, acting populations; through the Director of the Center for Men- (c) USE OF FUNDS.—A local educational tal Health Services, shall award grants to el- agency that receives a grant under this sec- ‘‘(G) an assurance that the applicant will develop a program to locate and assess indi- igible entities to enable such entities to pro- tion shall use amounts received under the vide for the training of mental health profes- viduals after a disaster who are at risk of de- grant to carry out the programs and activi- sionals with respect to the treatment of indi- veloping, or who have developed, a mental ties described in the application submitted viduals who are victims of disasters. illness as a result of the disaster, and to pro- by the grantee under subsection (b). ‘‘(b) ELIGIBILITY.—To be eligible to receive vide referrals and treatment for such individ- a grant under subsection (a) an entity shall— (d) INFORMATION AND EDUCATION.— uals; (1) IN GENERAL.—The Secretary shall estab- ‘‘(1) be a— ‘‘(H) an assurance that the applicant, in ‘‘(A) regional center of excellence; or lish and disseminate to local educational consultation with providers and organiza- agencies and public and private elementary ‘‘(B) a mental health professional society; tions that serve public safety workers, will and and secondary schools, comprehensive infor- assist in developing a program to identify mation and education program information ‘‘(2) prepare and submit to the Secretary and meet the mental health needs of public an application at such time, in such manner, to assist such agencies and schools in evalu- safety workers and others involved in re- ating and developing appropriate materials and containing such information as the Sec- sponding to the disaster; and retary may require. and programs for responding to the mental ‘‘(I) an assurance that the applicant will health needs associated with students and ‘‘(c) USE OF FUNDS.—An entity that re- develop a program that coordinates with ceives a grant under this section shall use school personnel in disasters. other systems or entities providing services (2) COORDINATION.—Agencies and schools amounts received under the grant to provide to disaster victims, including hotline pro- for the training of mental health profes- shall coordinate response programs devel- grams. oped under paragraph (1) with existing public sionals to enable such professionals to appro- ‘‘(2) STATE COMMENTS.—A local educational and private programs, including the 2-1-1 priately diagnose individuals who are the agency submitting an application under this victims of disasters with respect to their hotline program. subsection shall provide notice of such appli- mental health and to provide for the proper (e) AUTHORIZATION OF APPROPRIATIONS.— cation to the chief executive officer of the treatment of the mental health needs of such There is authorized to be appropriated to State and provide the State with the oppor- individuals. carry out this section, such sums as may be tunity to comment on such application. ‘‘(d) TRAINING MATERIALS AND PROCE- necessary for each of fiscal years 2002 ‘‘(c) USE OF FUNDS.—A State or local gov- DURES.—The Director of the Center for Men- through 2004. ernment or other governmental agency that tal Health Services, in consultation with the

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18201 Director of the National Institute of Mental ‘‘(1) with respect to grants to entities de- rector may set aside up to $50,000,000 from Health, the National Center for Post-Trau- scribed in subsection (b)(1)(A), $175,000,000 for the amounts remaining in the Fund in fiscal matic Stress Disorder, the International So- fiscal year 2002, and such sums as may be year 2002 as an antiterrorism emergency re- ciety for Traumatic Stress Studies, and the necessary in each of fiscal years 2003 and serve. The Director may replenish any heads of other similar entities, shall develop 2004; and amounts expended from such reserve in sub- training materials and procedures to assist ‘‘SEC. 597I. RESEARCH. sequent fiscal years by setting aside up to 5 grantees under this section. ‘‘(a) LIFTING OF CAP ON SUPPLEMENTAL RE- percent of the amounts remaining in the ‘‘(e) DEFINITION.—In this section ,the term SEARCH FUNDS.—Notwithstanding any other Fund in any fiscal year after distributing ‘mental health professional’ includes psychi- provision of law, the Secretary may waive amounts under paragraphs (2), (3) and (4). atrists, psychologists, psychiatric nurses, any restriction on the amount of supple- Such reserve shall not exceed $50,000,000. mental health counselors, marriage and fam- mental funding that may be provided to any ‘‘(B) The antiterrorism emergency reserve ily therapists, social workers, pastoral coun- disaster—related scientific research project referred to in subparagraph (A) may be used selors, school psychologists, licensed profes- that is funded by the Secretary. for supplemental grants under section 1404B sional counselors, school guidance coun- ‘‘(b) ADDITIONAL FUNDING.—There is au- and to provide compensation to victims of selors, and any other individual practicing in thorized to be appropriated such sums as international terrorism under section 1404C. a mental health profession that is licensed or may be necessary for fiscal year 2002 to en- ‘‘(C) Amounts set aside under subpara- regulated by a State agency. able the Secretary to award additional graph (A) from the amounts remaining in the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— grants for the conduct of peer-reviewed, There is authorized to be appropriated to Fund in fiscal year 2002 shall not be subject mental health—related scientific research to any limitation on obligations from carry out this section, such sums as may be projects related to the assessment of the amounts deposited to or available in the necessary for each of fiscal years 2002 mental health impacts and the provision of Fund, notwithstanding— through 2004. appropriate interventions for individuals af- ‘‘(i) section 619 of the Departments of Com- ‘‘(g) PROGRAM MANAGEMENT.—In carrying fected by the September 11, 2001 terrorist at- merce, Justice, and State, the Judiciary, and out this section, the Secretary may use tacks.’’. amounts appropriated under subsection (d) Related Agencies Appropriations Act, 2001, Subtitle C—Addressing the Needs of Victims and any similar limitation on Fund obliga- for the administration of the program under of Crime this section.’’. tions in such Act for fiscal year 2002; and SEC. ll21. CRIME VICTIMS FUND. Subtitle B—Addressing Long-Term Needs ‘‘(ii) subsections (c) and (d) of section (a) DEPOSIT OF GIFTS IN THE FUND.—Section 1402.’’. SEC. ll11. GRANTS TO DIRECTLY AFFECTED 1402(b) of the Victims of Crime Act of 1984 (42 (e) VICTIMS OF SEPTEMBER 11, 2001.— AREAS. U.S.C. 10601(b)) is amended— Amounts transferred to the Crime Victims Part K of title V of the Public Health Serv- (1) in paragraph (3), by striking ‘‘and’’ at ll Fund for use in responding to the airplane ice Act, as added by section 01, is amend- the end; ed by adding at the end the following: hijackings and terrorist acts (including any (2) in paragraph (4), by striking the period related search, rescue, relief, assistance, or ‘‘Subpart III—Addressing Long-Term Needs at the end and inserting ‘‘; and’’; and other similar activities) that occurred on ‘‘SEC. 597H. GRANTS TO DIRECTLY AFFECTED (3) by adding at the end the following: September 11, 2001, shall not be subject to AREAS. ‘‘(5) any gifts, bequests, or donations to the any limitation on obligations from amounts ‘‘(a) IN GENERAL.—The Secretary shall Fund from private entities or individuals.’’. deposited to or available in the Fund, not- award grants to eligible State and local gov- (b) FORMULA FOR FUND DISTRIBUTIONS.— withstanding— ernments and other public entities to enable Section 1402(c) of the Victims of Crime Act (1) section 619 of the Departments of Com- such entities to respond to the long-term of 1984 (42 U.S.C. 10601(c)) is amended to read merce, Justice, and State, the Judiciary, and mental health needs arising from the ter- as follows: Related Agencies Appropriations Act, 2001, rorist attack of September 11, 2001. ‘‘(c) FUND DISTRIBUTION; RETENTION OF and any similar limitation on Fund obliga- ‘‘(b) ELIGIBILITY.—To be eligible to receive SUMS IN FUND; AVAILABILITY FOR EXPENDI- tions in such Act for Fiscal Year 2002; and a grant under subsection (a) an entity shall— TURE WITHOUT FISCAL YEAR LIMITATION.— ‘‘(1) be a State or local government or ‘‘(1) Subject to the availability of money in (2) subsections (c) and (d) of section 1402 of other public entity that is located in an area the Fund, in each fiscal year, beginning with the Victims of Crime Act of 1984 (42 U.S.C. that is directly affected (as determined by fiscal year 2003, the Director shall distribute 10601). ll the Secretary) by the terrorist attack of not less than 90 percent nor more than 110 SEC. 22. CRIME VICTIM COMPENSATION. September 11, 2001; and percent of the amount distributed from the (a) ALLOCATION OF FUNDS FOR COMPENSA- ‘‘(2) prepare and submit to the Secretary Fund in the previous fiscal year, except the TION AND ASSISTANCE.—Paragraphs (1) and (2) an application at such time, in such manner, Director may distribute up to 120 percent of of section 1403(a) of the Victims of Crime Act and containing such information as the Sec- the amount distributed in the previous fiscal of 1984 (42 U.S.C. 10602(a)) are amended by retary may require. year in any fiscal year that the total amount striking ‘‘40’’ each place it appears and in- ‘‘(c) USE OF FUNDS.—A grantee shall use available in the Fund is more than 2 times serting ‘‘60’’. amounts received under a grant under sub- the amount distributed in the previous fiscal (b) LOCATION OF COMPENSABLE CRIME.—Sec- section (a)— year. tion 1403(b)(6)(B) of the Victims of Crime Act ‘‘(1) to carry out activities to locate indi- ‘‘(2) In each fiscal year, the Director shall of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by viduals who may be affected by the terrorist distribute amounts from the Fund in accord- striking ‘‘are outside the United States (if attack of September 11, 2001 and in need of ance with subsection (d). All sums not dis- the compensable crime is terrorism, as de- mental health services, including teachers tributed during a fiscal year shall remain in fined in section 2331 of title 18), or’’. and public safety officers with special re- reserve in the Fund to be distributed during (c) RELATIONSHIP OF CRIME VICTIM COM- sponsibility for responding to the disaster; a subsequent fiscal year. Notwithstanding PENSATION TO MEANS-TESTED FEDERAL BEN- ‘‘(2) to provide treatment for those individ- any other provision of law, all sums depos- EFIT PROGRAMS.—Section 1403 of the Victims uals identified under paragraph (1) who are ited in the Fund that are not distributed of Crime Act of 1984 (42 U.S.C. 10602) is suffering from a serious psychiatric illness shall remain in reserve in the Fund for obli- amended by striking subsection (c) and in- as a result of such terrorist attack (includ- gation in future fiscal years, without fiscal serting the following: ing paying the costs of necessary medica- year limitation.’’. ‘‘(c) EXCLUSION FROM INCOME, RESOURCES, tions), including teachers and public safety (c) ALLOCATION OF FUNDS FOR COSTS AND AND ASSETS FOR PURPOSES OF MEANS officers with special responsibility for re- GRANTS.—Section 1402(d)(4) of the Victims of TESTS.—Notwithstanding any other law sponding to the disaster; Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is (other than title IV of Public Law 107–42), for ‘‘(4) to carry out other activities deter- amended— the purpose of any maximum allowed in- mined appropriate by the Secretary. (1) by striking ‘‘deposited in’’ and inserting come, resource, or asset eligibility require- ‘‘(d) USE OF PRIVATE ENTITIES AND EXIST- ‘‘to be distributed from’’; ment in any Federal, State, or local govern- ING PROVIDERS.—To the extent appropriate, a (2) in subparagraph (A), by striking ‘‘48.5’’ ment program using Federal funds that pro- grantee under subsection (a) shall— and inserting ‘‘47.5’’; vides medical or other assistance (or pay- ‘‘(1) enter into contracts with private, non- (3) in subparagraph (B), by striking ‘‘48.5’’ ment or reimbursement of the cost of such profit entities to carry out activities under and inserting ‘‘47.5’’; and assistance), any amount of crime victim the grant; and (4) in subparagraph (C), by striking ‘‘3’’ and compensation that the applicant receives ‘‘(2) to the extent feasible, utilize providers inserting ‘‘5’’. through a crime victim compensation pro- that are already serving the affected popu- (d) ANTITERRORISM EMERGENCY RESERVE.— gram under this section shall not be included lation, including providers used by public Section 1402(d)(5) of the Victims of Crime in the income, resources, or assets of the ap- safety workers and teachers. Act of 1984 (42 U.S.C. 10601(d)(5)) is amended plicant, nor shall that amount reduce the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— to read as follows: amount of the assistance available to the ap- There is authorized to be appropriated to ‘‘(5)(A) In addition to the amounts distrib- plicant from Federal, State, or local govern- carry out this section— uted under paragraphs (2), (3), and (4), the Di- ment programs using Federal funds, unless

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the total amount of assistance that the ap- (3) by adding at the end the following: ‘‘(b) PRIORITIES.—In awarding grants, con- plicant receives from all such programs is ‘‘(E) use funds made available to the Direc- tracts or cooperative agreements under sub- sufficient to fully compensate the applicant tor under this subsection— section (a) related to the development of for losses suffered as a result of the crime.’’. ‘‘(i) for fellowships and clinical intern- knowledge on evidence-based practices for (d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ ships; and treating disorders associated with psycho- AND ‘‘STATE’’.—Section 1403(d) of the Victims ‘‘(ii) to carry out programs of training and logical trauma, the Secretary shall give pri- of Crime Act of 1984 (42 U.S.C. 10602(d)) is special workshops for the presentation and ority to mental health agencies and pro- amended— dissemination of information resulting from grams that have established clinical and (1) in paragraph (3), by striking ‘‘crimes in- demonstrations, surveys, and special basic research experience in the field of trau- volving terrorism,’’; and projects.’’. ma-related mental disorders. (2) in paragraph (4), by inserting ‘‘the SEC. ll24. VICTIMS OF TERRORISM. ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The United States Virgin Islands,’’ after ‘‘the (a) COMPENSATION AND ASSISTANCE TO VIC- Secretary shall ensure that grants, contracts Commonwealth of Puerto Rico,’’. TIMS OF DOMESTIC TERRORISM.—Section or cooperative agreements under subsection (e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM 1404B(b) of the Victims of Crime Act of 1984 (a) with respect to centers of excellence are COMPENSATION PROGRAMS TO THE SEPTEMBER (42 U.S.C. 10603b(b)) is amended to read as distributed equitably among the regions of 11TH VICTIM COMPENSATION FUND.— follows: the country and among urban and rural (1) IN GENERAL.—Section 1403(e) of the Vic- ‘‘(b) VICTIMS OF TERRORISM WITHIN THE areas. tims of Crime Act of 1984 (42 U.S.C. 10602(e)) UNITED STATES.—The Director may make ‘‘(d) EVALUATION.—The Secretary, as part is amended by inserting ‘‘including the pro- supplemental grants as provided in section of the application process, shall require that gram established under title IV of Public 1402(d)(5) to States for eligible crime victim each applicant for a grant, contract or coop- Law 107–42,’’ after ‘‘Federal program,’’. compensation and assistance programs, and erative agreement under subsection (a) sub- (2) COMPENSATION.—With respect to any to victim service organizations, public agen- mit a plan for the rigorous evaluation of the compensation payable under title IV of Pub- cies (including Federal, State, or local gov- activities funded under the grant, contract lic Law 107–42, the failure of a crime victim ernments) and nongovernmental organiza- or agreement, including both process and compensation program, after the effective tions that provide assistance to victims of outcomes evaluation, and the submission of date of final regulations issued pursuant to crime, which shall be used to provide emer- an evaluation at the end of the project pe- section 407 of Public Law 107–42, to provide gency relief, including crisis response ef- riod. compensation otherwise required pursuant forts, assistance, compensation, training and ‘‘(e) DURATION OF AWARDS.—With respect to section 1403 of the Victims of Crime Act of technical assistance, and ongoing assistance, to a grant, contract or cooperative agree- 1984 (42 U.S.C. 10602) shall not render that including during any investigation or pros- ment under subsection (a), the period during program ineligible for future grants under ecution, to victims of terrorist acts or mass which payments under such an award will be the Victims of Crime Act of 1984. violence occurring within the United made to the recipient may not exceed 5 SEC. ll23. CRIME VICTIM ASSISTANCE. States.’’. years. Such grants, contracts or agreements may be renewed. (a) ASSISTANCE FOR VICTIMS IN THE DIS- (b) ASSISTANCE TO VICTIMS OF INTER- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— TRICT OF COLUMBIA, PUERTO RICO, AND OTHER NATIONAL TERRORISM.—Section 1404B(a)(1) of There is authorized to be appropriated to TERRITORIES AND POSSESSIONS.—Section the Victims of Crime Act of 1984 (42 U.S.C. carry out this section, such sums as may be 1404(a) of the Victims of Crime Act of 1984 (42 10603b(a)(1)) is amended by striking ‘‘who are necessary for each of fiscal year 2002 and U.S.C. 10603(a)) is amended by adding at the not persons eligible for compensation under 2003.’’. end the following: title VIII of the Omnibus Diplomatic Secu- ‘‘(6) An agency of the Federal Government rity and Antiterrorism Act of 1986’’. SA 1785. Mr. ENZI submitted an (c) COMPENSATION TO VICTIMS OF INTER- performing local law enforcement functions amendment intended to be proposed by in and on behalf of the District of Columbia, NATIONAL TERRORISM.—Section 1404C(b) of the Commonwealth of Puerto Rico, the the Victims of Crime of 1984 (42 U.S.C. him to the bill S. 1438, to authorize ap- United States Virgin Islands, or any other 10603c(b)) is amended by adding at the end propriations for fiscal year 2002 for territory or possession of the United States the following: ‘‘The amount of compensation military activities of the Department may qualify as an eligible crime victim as- awarded to a victim under this subsection of Defense, for military constructions, sistance program for the purpose of grants shall be reduced by any amount that the vic- and for defense activities of the De- under this subsection, or for the purpose of tim received in connection with the same act partment of Energy, to prescribe per- grants under subsection (c)(1).’’. of international terrorism under title VIII of sonnel strengths for such fiscal year the Omnibus Diplomatic Security and (b) PROHIBITION ON DISCRIMINATION AGAINST for the Armed Forces, and for other CERTAIN VICTIMS.—Section 1404(b)(1) of the Antiterrorism Act of 1986.’’. Victims of Crime Act of 1984 (42 U.S.C. Subtitle D—Grants to Children and Adults purposes; which was ordered to lie on 10603(b)(1)) is amended— Who Experience Violence-Related Stress the table; as follows: (1) in subparagraph (D), by striking ‘‘and’’ SEC. ll31. CHILDREN AND ADULTS WHO EXPE- Insert on page 346: at the end; RIENCE VIOLENCE-RELATED (d) INCENTIVES TO PRIVATE SECTOR.—(1) (2) in subparagraph (E), by striking the pe- STRESS. The Secretary of Defense shall prepare and riod at the end and inserting ‘‘; and’’; and (a) CHILDREN.— submit to the congressional defense commit- (3) by adding at the end the following: (1) IN GENERAL.—Section 582(f) of the Pub- tees and committees on health not later ‘‘(F) does not discriminate against victims lic Health Service Act (42 U.S.C. 290hh-1(f)) is than February 1, 2002, an evaluation of the because they disagree with the way the amended by striking ‘‘2002 and 2003’’ and in- incentives necessary to encourage the pri- State is prosecuting the criminal case.’’. serting ‘‘2002 through 2005’’. vate sector to develop and produce vaccines (c) GRANTS FOR PROGRAM EVALUATION AND (2) SENSE OF CONGRESS.—It is the sense of described in subsection (b)(1), as well as COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) Congress that the program established under therapeutic products for the purposes de- of the Victims of Crime Act of 1984 (42 U.S.C. section 582 of the Public Health Service Act scribed in such subsection, for acquisition by 10603(c)(1)(A)) is amended by inserting ‘‘, pro- (42 U.S.C. 290hh-1) should be fully funded. the Department of Defense. gram evaluation, compliance efforts,’’ after (b) ADULTS.—Title V of the Public Health (2) The analysis under paragraph (1) shall ‘‘demonstration projects’’. Service Act (42 U.S.C. 290aa et seq.) is include an analysis of the need for long-term (d) ALLOCATION OF DISCRETIONARY amended by inserting after section 582 the contracts, security measures, and protection GRANTS.—Section 1404(c)(2) of the Victims of following: from potential losses due to product liability claims. Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is ‘‘SEC. 583. GRANTS TO ADDRESS THE PROBLEMS amended— OF PERSONS WHO EXPERIENCE VIO- (1) in subparagraph (A), by striking ‘‘not LENCE RELATED STRESS. SA 1786. Mr. ENZI submitted an more than’’ and inserting ‘‘not less than’’; ‘‘(a) IN GENERAL.—The Secretary shall amendment intended to be proposed by and award grants, contracts or cooperative him to the bill S. 1438, to authorize ap- (2) in subparagraph (B), by striking ‘‘not agreements to public and nonprofit private propriations for fiscal year 2002 for less than’’ and inserting ‘‘not more than’’. entities, as well as to Indian tribes and tribal military activities of the Department (e) FELLOWSHIPS AND CLINICAL INTERN- organizations, for the purpose of developing of Defense, for military constructions, SHIPS.—Section 1404(c)(3) of the Victims of programs focusing on the behavioral and bio- and for defense activities of the De- Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is logical aspects of psychological trauma re- partment of Energy, to prescribe per- amended— sponse and for developing knowledge with re- (1) in subparagraph (C), by striking ‘‘and’’ gard to evidence-based practices for treating sonnel strengths for such fiscal year at the end; psychiatric disorders of adults resulting for the Armed Forces, and for other (2) in subparagraph (D), by striking the pe- from witnessing or experiencing a traumatic purposes; which was ordered to lie on riod at the end and inserting ‘‘; and’’; and event. the table; as follows:

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18203 At the end of the amendment insert: to draft documents to implement the Rome them to protect the national interests of the (D) ADVANCED BIOTECHNOLOGY APPLICA- Statute, including Rules of Procedure and United States. TIONS.—(1) The Secretary of Defense may, Evidence, Elements of Crimes, and a defini- (10) Any agreement within the Preparatory subject to the availability of funds appro- tion of the Crime of Aggression. Commission on a definition of the Crime of priated and authorized to be appropriated for (4) During testimony before the Congress Aggression that usurps the prerogative of such purposes, design and implement a pro- following the adoption of the Rome Statute, the United Nations Security Council under gram to integrate advanced biotechnology the lead United States negotiator, Ambas- Article 39 of the charter of the United Na- applications into biological weapons detec- sador David Scheffer stated that the United tions to ‘‘determine the existence of any .... tion and defense activities and to develop ad- States could not sign the Rome Statute be- act of aggression’’ would contravene the vanced biomedical treatment regimes for cause certain critical negotiating objectives charter of the United Nations and undermine members of the Armed Forces. of the United States had not been achieved. deterrence. (2) The Secretary is authorized to use pro- As a result, he stated: ‘‘We are left with con- (11) It is a fundamental principle of inter- curement procedures involving requests for sequences that do not serve the cause of national law that a treaty is binding upon its proposals to contract for advanced research international justice.’’ parties only and that it does not create obli- and development of defensive biotechnology (5) Ambassador Scheffer went on to tell the gations for nonparties without their consent application under the program. Congress that: ‘‘Multinational peacekeeping to be bound. The United States is not a party (3) The research and development activi- forces operating in a country that has joined to the Rome Statute and will not be bound ties under the program may include research the treaty can be exposed to the Court’s ju- by any of its terms. The United States will and development relating to the following, risdiction even if the country of the indi- not recognize the jurisdiction of the Inter- subject to the Secretary’s prioritization of vidual peacekeeper has not joined the treaty. national Criminal Court over United States such research and development: Thus, the treaty purports to establish an ar- nationals. (A) Diagnostic systems. rangement whereby United States armed SEC. 1403. WAIVER AND TERMINATION OF PROHI- (B) Vaccines and other therapeutic prod- forces operating overseas could be conceiv- BITIONS OF THIS TITLE. ucts. ably prosecuted by the international court (a) AUTHORITY TO INITIALLY WAIVE SEC- (C) Anti-viral products. even if the United States has not agreed to TIONS 1405 AND 1407.—The President is au- (D) Antibiotics for treatment of persons be bound by the treaty. Not only is this con- thorized to waive the prohibitions and re- exposed to biological agents. trary to the most fundamental principles of quirements of sections 1405 and 1407 for a sin- gle period of one year. A waiver under this (E) Vaccine delivery systems. treaty law, it could inhibit the ability of the subsection may be issued only if the Presi- (F) Enzymatic bioagent and chemical United States to use its military to meet al- dent at least 15 days in advance of exercising agent degradation. liance obligations and participate in multi- such authority— (G) Wound healing therapeutics. national operations, including humanitarian (1) notifies the appropriate congressional (H) Gene therapy. interventions to save civilian lives. Other committees of the intention to exercise such (I) Biowarfare detection systems. contributors to peacekeeping operations will (J) Radioprotective pharmaceuticals. authority; and be similarly exposed.’’. (2) determines and reports to the appro- (K) Gene delivery systems. (6) Notwithstanding these concerns, Presi- (L) Stasis enhancement therapeutics. priate congressional committees that the dent Clinton directed that the United States International Criminal Court has entered (M) Physiological enhancement sign the Rome Statute on December 31, 2000. pharmacologics. into a binding agreement that— In a statement issued that day, he stated (A) prohibits the International Criminal (N) Blood products. that in view of the unremedied deficiencies (O) Nanodiagnostic methods. Court from seeking to exercise jurisdiction of the Rome Statute, ‘‘I will not, and do not over the following persons with respect to recommend that my successor submit the SA 1787. Mr. KYL submitted an actions undertaken by them in an official ca- Treaty to the Senate for advice and consent pacity: amendment intended to be proposed by until our fundamental concerns are satis- him to the bill S. 1438, to authorize ap- (i) covered United States persons; fied’’. (ii) covered allied persons; and propriations for fiscal year 2002 for (7) Any American prosecuted by the Inter- (iii) individuals who were covered United military activities of the Department national Criminal Court will, under the States persons or covered allied persons; and of Defense, for military constructions, Rome Statute, be denied procedural protec- (B) ensures that no person described in and for defense activities of the De- tions to which all Americans are entitled subparagraph (A) will be arrested, detained, partment of Energy, to prescribe per- under the Bill of Rights to the United States prosecuted, or imprisoned by or on behalf of Constitution, such as the right to trial by the International Criminal Court. sonnel strengths for such fiscal year jury. for the Armed Forces, and for other (b) AUTHORITY TO EXTEND WAIVER OF SEC- (8) Members of the Armed Forces of the TIONS 1405 AND 1407.—The President is au- purposes; which was ordered to lie on United States should be free from the risk of thorized to waive the prohibitions and re- the table; as follows: prosecution by the International Criminal quirements of sections 1405 and 1407 for suc- At the end of division A, add the following Court, especially when they are stationed or cessive periods of one year each upon the ex- new title: deployed around the world to protect the piration of a previous waiver pursuant to vital national interests of the United States. TITLE XIV—AMERICAN SERVICE- subsection (a) or this subsection. A waiver The United States Government has an obli- MEMBERS’ PROTECTION ACT OF 2001 under this subsection may be issued only if gation to protect the members of its Armed the President at least fifteen days in advance SEC. 1401. SHORT TITLE. Forces, to the maximum extent possible, of exercising such authority— This title may be cited as the ‘‘American against criminal prosecutions carried out by (1) notifies the appropriate congressional Servicemembers’ Protection Act of 2001’’. the International Criminal Court. committees of the intention to exercise such SEC. 1402. FINDINGS. (9) In addition to exposing members of the authority; and Congress makes the following findings: Armed Forces of the United States to the (2) determines and reports to the appro- (1) On July 17, 1998, the United Nations risk of international criminal prosecution, priate congressional committees that the Diplomatic Conference of Plenipotentiaries the Rome Statute creates a risk that the International Criminal Court— on the Establishment of an International President and other senior elected and ap- (A) remains party to, and has continued to Criminal Court, meeting in Rome, Italy, pointed officials of the United States Gov- abide by, a binding agreement that— adopted the ‘‘Rome Statute of the Inter- ernment may be prosecuted by the Inter- (i) prohibits the International Criminal national Criminal Court’’. The vote on national Criminal Court. Particularly if the Court from seeking to exercise jurisdiction whether to proceed with the statute was 120 Preparatory Commission agrees on a defini- over the following persons with respect to in favor to 7 against, with 21 countries ab- tion of the Crime of Aggression over United actions undertaken by them in an official ca- staining. The United States voted against States objections, senior United States offi- pacity: final adoption of the Rome Statute. cials may be at risk of criminal prosecution (I) covered United States persons; (2) As of April 30, 2001, 139 countries had for national security decisions involving (II) covered allied persons; and signed the Rome Statute and 30 had ratified such matters as responding to acts of ter- (III) individuals who were covered United it. Pursuant to Article 126 of the Rome Stat- rorism, preventing the proliferation of weap- States persons or covered allied persons; and ute, the statute will enter into force on the ons of mass destruction, and deterring ag- (ii) ensures that no person described in first day of the month after the 60th day fol- gression. No less than members of the Armed clause (i) will be arrested, detained, pros- lowing the date on which the 60th country Forces of the United States, senior officials ecuted, or imprisoned by or on behalf of the deposits an instrument ratifying the statute. of the United States Government should be International Criminal Court; and (3) Since adoption of the Rome Statute, a free from the risk of prosecution by the (B) has taken no steps to arrest, detain, Preparatory Commission for the Inter- International Criminal Court, especially prosecute, or imprison any person described national Criminal Court has met regularly with respect to official actions taken by in clause (i) of subparagraph (A).

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(c) AUTHORITY TO WAIVE SECTIONS 1404 AND court, may cooperate with the International risdiction by the International Criminal 1406 WITH RESPECT TO AN INVESTIGATION OR Criminal Court in response to a request for Court for actions undertaken by such per- PROSECUTION OF A NAMED INDIVIDUAL.—The cooperation submitted by the International sonnel in connection with the operation. President is authorized to waive the prohibi- Criminal Court pursuant to the Rome Stat- (b) RESTRICTION.—Members of the Armed tions and requirements of sections 1404 and ute. Forces of the United States may not partici- 1406 to the degree such prohibitions and re- (c) PROHIBITION ON TRANSMITTAL OF LET- pate in any peacekeeping operation under quirements would prevent United States co- TERS ROGATORY FROM THE INTERNATIONAL chapter VI of the charter of the United Na- operation with an investigation or prosecu- CRIMINAL COURT.—Notwithstanding section tions or peace enforcement operation under tion of a named individual by the Inter- 1781 of title 28, United States Code, or any chapter VII of the charter of the United Na- national Criminal Court. A waiver under this other provision of law, no agency of the tions, the creation of which is authorized by subsection may be issued only if the Presi- United States Government may transmit for the United Nations Security Council on or dent at least 15 days in advance of exercising execution any letter rogatory issued, or after the date that the Rome Statute enters such authority— other request for cooperation made, by the into effect pursuant to Article 126 of the (1) notifies the appropriate congressional International Criminal Court to the tri- Rome Statute, unless the President has sub- committees of the intention to exercise such bunal, officer, or agency in the United States mitted to the appropriate congressional authority; and to whom it is addressed. committees a certification described in sub- (2) determines and reports to the appro- (d) PROHIBITION ON EXTRADITION TO THE section (c) with respect to such operation. priate congressional committees that— INTERNATIONAL CRIMINAL COURT.—Notwith- (c) CERTIFICATION.—The certification re- (A) a waiver pursuant to subsection (a) or standing any other provision of law, no agen- ferred to in subsection (b) is a certification (b) of the prohibitions and requirements of cy or entity of the United States Govern- by the President that— sections 1405 and 1407 is in effect; ment or of any State or local government (1) members of the Armed Forces of the (B) there is reason to believe that the may extradite any person from the United United States are able to participate in the named individual committed the crime or States to the International Criminal Court, peacekeeping or peace enforcement oper- crimes that are the subject of the Inter- nor support the transfer of any United States ation without risk of criminal prosecution or national Criminal Court’s investigation or citizen or permanent resident alien to the other assertion of jurisdiction by the Inter- prosecution; International Criminal Court. national Criminal Court because, in author- (C) it is in the national interest of the (e) PROHIBITION ON PROVISION OF SUPPORT izing the operation, the United Nations Se- United States for the International Criminal TO THE INTERNATIONAL CRIMINAL COURT.— curity Council permanently exempted, at a Court’s investigation or prosecution of the Notwithstanding any other provision of law, minimum, members of the Armed Forces of named individual to proceed; and no agency or entity of the United States the United States participating in the oper- (D) in investigating events related to ac- Government or of any State or local govern- ation from criminal prosecution or other as- tions by the named individual, none of the ment, including any court, may provide sup- sertion of jurisdiction by the International following persons will be investigated, ar- port to the International Criminal Court. Criminal Court for actions undertaken by rested, detained, prosecuted, or imprisoned (f) PROHIBITION ON USE OF APPROPRIATED them in connection with the operation; by or on behalf of the International Criminal FUNDS TO ASSIST THE INTERNATIONAL CRIMI- (2) members of the Armed Forces of the Court with respect to actions undertaken by NAL COURT.—Notwithstanding any other pro- United States are able to participate in the them in an official capacity: vision of law, no funds appropriated under peacekeeping or peace enforcement oper- (i) Covered United States persons. any provision of law may be used for the pur- ation without risk of criminal prosecution or (ii) Covered allied persons. pose of assisting the investigation, arrest, other assertion of jurisdiction by the Inter- (iii) Individuals who were covered United detention, extradition, or prosecution of any national Criminal Court because each coun- States persons or covered allied persons. United States citizen or permanent resident try in which members of the Armed Forces (d) TERMINATION OF WAIVER PURSUANT TO alien by the International Criminal Court. of the United States participating in the op- SUBSECTION (c).—Any waiver or waivers exer- (g) RESTRICTION ON ASSISTANCE PURSUANT eration will be present either is not a party cised pursuant to subsection (c) of the prohi- TO MUTUAL LEGAL ASSISTANCE TREATIES.— to the International Criminal Court and has bitions and requirements of sections 1404 and The United States shall exercise its rights to not invoked the jurisdiction of the Inter- 1406 shall terminate at any time that a waiv- limit the use of assistance provided under all national Criminal Court pursuant to Article er pursuant to subsection (a) or (b) of the treaties and executive agreements for mu- 12 of the Rome Statute, or has entered into prohibitions and requirements of sections tual legal assistance in criminal matters, an agreement in accordance with Article 98 1405 and 1407 expires and is not extended pur- multilateral conventions with legal assist- of the Rome Statute preventing the Inter- suant to subsection (b). ance provisions, and extradition treaties, to national Criminal Court from proceeding (e) TERMINATION OF PROHIBITIONS OF THIS which the United States is a party, and in against members of the Armed Forces of the TITLE.—The prohibitions and requirements connection with the execution or issuance of United States present in that country; or of sections 1404, 1405, 1406, and 1407 shall any letter rogatory, to prevent the transfer (3) the national interests of the United cease to apply, and the authority of section to, or other use by, the International Crimi- States justify participation by members of 1408 shall terminate, if the United States be- nal Court of any assistance provided by the the Armed Forces of the United States in the comes a party to the International Criminal United States under such treaties and letters peacekeeping or peace enforcement oper- Court pursuant to a treaty made under arti- rogatory. ation. cle II, section 2, clause 2 of the Constitution (h) PROHIBITION ON INVESTIGATIVE ACTIVI- SEC. 1406. PROHIBITION ON DIRECT OR INDI- RECT TRANSFER OF CLASSIFIED NA- of the United States. TIES OF AGENTS.—No agent of the Inter- TIONAL SECURITY INFORMATION SEC. 1404. PROHIBITION ON COOPERATION WITH national Criminal Court may conduct, in the AND LAW ENFORCEMENT INFORMA- THE INTERNATIONAL CRIMINAL United States or any territory subject to the TION TO THE INTERNATIONAL COURT. jurisdiction of the United States, any inves- CRIMINAL COURT. (a) APPLICATION.—The provisions of this tigative activity relating to a preliminary (a) IN GENERAL.—Not later than the date section— inquiry, investigation, prosecution, or other on which the Rome Statute enters into force, (1) apply only to cooperation with the proceeding at the International Criminal the President shall ensure that appropriate International Criminal Court and shall not Court. procedures are in place to prevent the trans- apply to cooperation with an ad hoc inter- SEC. 1405. RESTRICTION ON UNITED STATES PAR- fer of classified national security informa- national criminal tribunal established by the TICIPATION IN CERTAIN UNITED NA- tion and law enforcement information to the United Nations Security Council before or TIONS PEACEKEEPING OPERATIONS. International Criminal Court for the purpose after the date of the enactment of this Act (a) POLICY.—Effective beginning on the of facilitating an investigation, apprehen- to investigate and prosecute war crimes date on which the Rome Statute enters into sion, or prosecution. committed in a specific country or during a force pursuant to Article 126 of the Rome (b) INDIRECT TRANSFER.—The procedures specific conflict; and Statute, the President should use the voice adopted pursuant to subsection (a) shall be (2) shall not prohibit— and vote of the United States in the United designed to prevent the transfer to the (A) any action permitted under section Nations Security Council to ensure that each United Nations and to the government of 1408; or resolution of the Security Council author- any country that is party to the Inter- (B) communication by the United States of izing any peacekeeping operation under national Criminal Court of classified na- its policy with respect to a matter. chapter VI of the charter of the United Na- tional security information and law enforce- (b) PROHIBITION ON RESPONDING TO RE- tions or peace enforcement operation under ment information that specifically relates to QUESTS FOR COOPERATION.—Notwithstanding chapter VII of the charter of the United Na- matters known to be under investigation or section 1782 of title 28, United States Code, tions permanently exempts, at a minimum, prosecution by the International Criminal or any other provision of law, no United members of the Armed Forces of the United Court, except to the degree that satisfactory States Court, and no agency or entity of any States participating in such operation from assurances are received from the United Na- State or local government, including any criminal prosecution or other assertion of ju- tions or that government, as the case may

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be, that such information will not be made (2) exculpatory evidence on behalf of that (b) NOTIFICATION TO CONGRESS.— available to the International Criminal person; and (1) IN GENERAL.—Subject to paragraph (2), Court for the purpose of facilitating an in- (3) defense of the interests of the United not later than 15 days after the President vestigation, apprehension, or prosecution. States through appearance before the Inter- takes or directs an action or actions de- (c) CONSTRUCTION.—The provisions of this national Criminal Court pursuant to Article scribed in subsection (a) that would other- section shall not be construed to prohibit 18 or 19 of the Rome Statute, or before the wise be prohibited under section 1404 or 1406, any action permitted under section 1408. courts or tribunals of any country. the President shall submit a notification of SEC. 1407. PROHIBITION OF UNITED STATES MILI- (d) BRIBES AND OTHER INDUCEMENTS NOT such action to the appropriate congressional TARY ASSISTANCE TO PARTIES TO AUTHORIZED.—This section does not author- committees. A notification under this para- THE INTERNATIONAL CRIMINAL ize the payment of bribes or the provision of graph shall include a description of the ac- COURT. other such incentives to induce the release of tion, a determination that the action is in (a) PROHIBITION OF MILITARY ASSISTANCE.— a person described in subsection (b). the national interest of the United States, Subject to subsections (b) and (c), and effec- SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS. and a justification for the action. tive one year after the date on which the (a) REPORT ON ALLIANCE COMMAND AR- (2) EXCEPTION.—If the President deter- Rome Statute enters into force pursuant to RANGEMENTS.—Not later than 6 months after mines that a full notification under para- Article 126 of the Rome Statute, no United the date of the enactment of this Act, the graph (1) could jeopardize the national secu- States military assistance may be provided President should transmit to the appropriate rity of the United States or compromise a to the government of a country that is a congressional committees a report with re- United States law enforcement activity, not party to the International Criminal Court. spect to each military alliance to which the (b) NATIONAL INTEREST WAIVER.—The later than 15 days after the President takes United States is party— President may, without prior notice to Con- or directs an action or actions referred to in (1) describing the degree to which members gress, waive the prohibition of subsection (a) paragraph (1) the President shall notify the of the Armed Forces of the United States with respect to a particular country if he de- appropriate congressional committees that may, in the context of military operations termines and reports to the appropriate con- an action has been taken and a determina- gressional committees that it is important undertaken by or pursuant to that alliance, tion has been made pursuant to this para- to the national interest of the United States be placed under the command or operational graph. The President shall provide a full no- to waive such prohibition. control of foreign military officers subject to tification under paragraph (1) not later than (c) ARTICLE 98 WAIVER.—The President the jurisdiction of the International Crimi- 15 days after the reasons for the determina- may, without prior notice to Congress, waive nal Court because they are nationals of a tion under this paragraph no longer apply. the prohibition of subsection (a) with respect party to the International Criminal Court; (c) CONSTRUCTION.—Nothing in this section to a particular country if he determines and and shall be construed as a grant of statutory au- reports to the appropriate congressional (2) evaluating the degree to which mem- thority to the President to take any action. committees that such country has entered bers of the Armed Forces of the United SEC. 1412. NONDELEGATION. into an agreement with the United States States engaged in military operations under- The authorities vested in the President by pursuant to Article 98 of the Rome Statute taken by or pursuant to that alliance may be sections 1403 and 1411(a) may not be dele- preventing the International Criminal court exposed to greater risks as a result of being gated by the President pursuant to section from proceeding against United States per- placed under the command or operational 301 of title 3, United States Code, or any sonnel present in such country. control of foreign military officers subject to other provision of law. The authority vested (d) EXEMPTION.—The prohibition of sub- the jurisdiction of the International Crimi- in the President by section 1405(c)(3) may not section (a) shall not apply to the government nal Court. be delegated by the President pursuant to of— (b) DESCRIPTION OF MEASURES TO ACHIEVE section 301 of title 3, United States Code, or (1) a NATO member country; ENHANCED PROTECTION FOR MEMBERS OF THE any other provision of law to any official (2) a major non-NATO ally (including Aus- ARMED FORCES OF THE UNITED STATES.—Not other than the Secretary of Defense, and if tralia, Egypt, Israel, Japan, Jordan, Argen- later than one year after the date of the en- so delegated may not be subdelegated. tina, the Republic of Korea, and New Zea- actment of this Act, the President should SEC. 1413. DEFINITIONS. land); or transmit to the appropriate congressional As used in this title and in section 706 of (3) Taiwan. committees a description of modifications to the Admiral James W. Nance and Meg Dono- SEC. 1408. AUTHORITY TO FREE MEMBERS OF command and operational control arrange- van Foreign Relations Authorization Act, THE ARMED FORCES OF THE ments within military alliances to which the Fiscal Years 2000 and 2001: United States is a party that could be made UNITED STATES AND CERTAIN (1) APPROPRIATE CONGRESSIONAL COMMIT- OTHER PERSONS DETAINED OR IM- in order to reduce any risks to members of TEES.—The term ‘‘appropriate congressional PRISONED BY OR ON BEHALF OF the Armed Forces of the United States iden- THE INTERNATIONAL CRIMINAL committees’’ means the Committee on Inter- tified pursuant to subsection (a)(2). national Relations of the House of Rep- COURT. (c) SUBMISSION IN CLASSIFIED FORM.—The resentatives and the Committee on Foreign (a) AUTHORITY.—The President is author- report under subsection (a), and the descrip- Relations of the Senate. ized to use all means necessary and appro- tion of measures under subsection (b), or ap- LASSIFIED NATIONAL SECURITY INFORMA- priate to bring about the release of any per- propriate parts thereof, may be submitted in (2) C son described in subsection (b) who is being classified form. TION.—The term ‘‘classified national security information’’ means information that is detained or imprisoned by, on behalf of, or at SEC. 1410. WITHHOLDINGS. classified or classifiable under Executive the request of the International Criminal Funds withheld from the United States Order 12958 or a successor Executive order. Court. share of assessments to the United Nations (3) COVERED ALLIED PERSONS.—The term (b) PERSONS AUTHORIZED TO BE FREED.— or any other international organization dur- ‘‘covered allied persons’’ means military per- The authority of subsection (a) shall extend ing any fiscal year pursuant to section 705 of to the following persons: the Admiral James W. Nance and Meg Dono- sonnel, elected or appointed officials, and (1) Covered United States persons. van Foreign Relations Authorization Act, other persons employed by or working on be- (2) Covered allied persons. Fiscal Years 2000 and 2001 (as enacted by sec- half of the government of a NATO member (3) Individuals detained or imprisoned for tion 1000(a)(7) of Public Law 106–113; 113 Stat. country, a major non-NATO ally (including official actions taken while the individual 1501A–460), are authorized to be transferred Australia, Egypt, Israel, Japan, Jordan, Ar- was a covered United States person or a cov- to the Embassy Security, Construction and gentina, the Republic of Korea, and New Zea- ered allied person, and in the case of a cov- Maintenance Account of the Department of land), or Taiwan, for so long as that govern- ered allied person, upon the request of such State. ment is not a party to the International government. SEC. 1411. APPLICATION OF SECTIONS 1404 AND Criminal Court and wishes its officials and (c) AUTHORIZATION OF LEGAL ASSISTANCE.— 1406 TO EXERCISE OF CONSTITU- other persons working on its behalf to be ex- When any person described in subsection (b) TIONAL AUTHORITIES. empted from the jurisdiction of the Inter- is arrested, detained, investigated, pros- (a) IN GENERAL.—Sections 1404 and 1406 national Criminal Court. ecuted, or imprisoned by, on behalf of, or at shall not apply to any action or actions with (4) COVERED UNITED STATES PERSONS.—The the request of the International Criminal respect to a specific matter involving the term ‘‘covered United States persons’’ means Court, the President is authorized to direct International Criminal Court taken or di- members of the Armed Forces of the United any agency of the United States Government rected by the President on a case-by-case States, elected or appointed officials of the to provide— basis in the exercise of the President’s au- United States Government, and other per- (1) legal representation and other legal as- thority as Commander in Chief of the Armed sons employed by or working on behalf of the sistance to that person (including, in the Forces of the United States under article II, United States Government, for so long as the case of a person entitled to assistance under section 2 of the United States Constitution United States is not a party to the Inter- section 1037 of title 10, United States Code, or in the exercise of the executive power national Criminal Court. representation and other assistance in the under article II, section 1 of the United (5) EXTRADITION.—The terms ‘‘extradition’’ manner provided in that section); States Constitution. and ‘‘extradite’’ mean the extradition of a

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.002 S01OC1 18206 CONGRESSIONAL RECORD—SENATE October 1, 2001 person in accordance with the provisions of United States Government, including care, including an emergency medical tech- chapter 209 of title 18, United States Code, through loans and guarantees, under section nician, paramedic, or first responder. (including section 3181(b) of such title) and 23 of the Arms Export Control Act (22 U.S.C. (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The such terms include both extradition and sur- 2763). terms ‘‘employer’’ and ‘‘public safety agen- render as those terms are defined in Article SEC. 1414. EFFECTIVE DATE.≤ cy’’ mean any State, political subdivision of 102 of the Rome Statute. This title shall take effect one day after its a State, the District of Columbia, or any ter- (6) INTERNATIONAL CRIMINAL COURT.—The date of enactment. ritory or possession of the United States term ‘‘International Criminal Court’’ means that employs public safety officers. the court established by the Rome Statute. SA 1788. Mr. KENNEDY submitted an (4) FIREFIGHTER.—The term ‘‘firefighter’’ (7) MAJOR NON-NATO ALLY.—The term amendment intended to be proposed by has the meaning given the term ‘‘employee ‘‘major non-NATO ally’’ means a country him to the bill S. 1438, to authorize ap- engaged in fire protection activities’’ in sec- that has been so designated in accordance propriations for fiscal year 2002 for tion 3(y) of the Fair Labor Standards Act (29 with section 517 of the Foreign Assistance military activities of the Department U.S.C. 203(y)). Act of 1961. (5) LABOR ORGANIZATION.—The term ‘‘labor (8) PARTICIPATE IN ANY PEACEKEEPING OPER- of Defense, for military constructions, organization’’ means an organization com- ATION UNDER CHAPTER VI OF THE CHARTER OF and for defense activities of the De- posed in whole or in part of employees, in THE UNITED NATIONS OR PEACE ENFORCEMENT partment of Energy, to prescribe per- which employees participate, and which rep- OPERATION UNDER CHAPTER VII OF THE CHAR- sonnel strengths for such fiscal year resents such employees before public safety TER OF THE UNITED NATIONS.—The term ‘‘par- for the Armed Forces, and for other agencies concerning grievances, conditions ticipate in any peacekeeping operation under purposes; which was ordered to lie on of employment and related matters. chapter VI of the charter of the United Na- the table; as follows: (6) LAW ENFORCEMENT OFFICER.—The term tions or peace enforcement operation under ‘‘law enforcement officer’’ has the meaning At the appropriate place, insert the fol- chapter VII of the charter of the United Na- given such term in section 1204(5) of the Om- lowing: tions’’ means to assign members of the nibus Crime Control and Safe Streets Act of ll Armed Forces of the United States to a TITLE PUBLIC SAFETY EMPLOYER- 1968 (42 U.S.C. 3796b(5)). United Nations military command structure EMPLOYEE COOPERATION (7) MANAGEMENT EMPLOYEE.—The term as part of a peacekeeping operation under SEC. ll01. SHORT TITLE. ‘‘management employee’’ has the meaning chapter VI of the charter of the United Na- This title may be cited as the ‘‘Public given such term under applicable State law tions or peace enforcement operation under Safety Employer-Employee Cooperation Act in effect on the date of enactment of this chapter VII of the charter of the United Na- of 2001’’. Act. If no such State law is in effect, the tions in which those members of the Armed SEC. ll02. DECLARATION OF PURPOSE AND term means an individual employed by a Forces of the United States are subject to POLICY. public safety employer in a position that re- the command or operational control of one The Congress declares that the following is quires or authorizes the individual to formu- or more foreign military officers not ap- the policy of the United States: late, determine, or influence the policies of pointed in conformity with article II, section (1) Labor-management relationships and the employer. 2, clause 2 of the Constitution of the United partnerships are based on trust, mutual re- (8) PUBLIC SAFETY OFFICER.—The term States. spect, open communication, bilateral con- ‘‘public safety officer’’— (9) PARTY TO THE INTERNATIONAL CRIMINAL sensual problem solving, and shared account- (A) means an employee of a public safety COURT.—The term ‘‘party to the Inter- ability. Labor-management cooperation agency who is a law enforcement officer, a national Criminal Court’’ means a govern- fully utilizes the strengths of both parties to firefighter, or an emergency medical services ment that has deposited an instrument of best serve the interests of the public, oper- personnel; ratification, acceptance, approval, or acces- ating as a team, to carry out the public safe- (B) includes an individual who is tempo- sion to the Rome Statute, and has not with- ty mission in a quality work environment. In rarily transferred to a supervisory or man- drawn from the Rome Statute pursuant to many public safety agencies it is the union agement position; and Article 127 thereof. that provides the institutional stability as (C) does not include a permanent super- (10) PEACEKEEPING OPERATION UNDER CHAP- elected leaders and appointees come and go. visory or management employee. TER VI OF THE CHARTER OF THE UNITED NA- (2) The Federal Government needs to en- (9) SUBSTANTIALLY PROVIDES.—The term TIONS OR PEACE ENFORCEMENT OPERATION courage conciliation, mediation, and vol- ‘‘substantially provides’’ means compliance UNDER CHAPTER VII OF THE CHARTER OF THE untary arbitration to aid and encourage em- with the essential requirements of this title, UNITED NATIONS.—The term ‘‘peacekeeping ployers and their employees to reach and operation under chapter VI of the charter of specifically, the right to form and join a maintain agreements concerning rates of the United Nations or peace enforcement op- labor organization, the right to bargain over pay, hours, and working conditions, and to eration under chapter VII of the charter of wages, hours, and conditions of employment, the United Nations’’ means any military op- make all reasonable efforts through negotia- the right to sign an enforceable contract, eration to maintain or restore international tions to settle their differences by mutual and availability of some form of mechanism peace and security that— agreement reached through collective bar- to break an impasse, such as arbitration, me- (A) is authorized by the United Nations Se- gaining or by such methods as may be pro- diation, or fact finding. curity Council under chapter VI or VII of the vided for in any applicable agreement for the (10) SUPERVISORY EMPLOYEE.—The term charter of the United Nations; and settlement of disputes. ‘‘supervisory employee’’ has the meaning (B) is paid for from assessed contributions (3) The absence of adequate cooperation be- given such term under applicable State law of United Nations members that are made tween public safety employers and employ- in effect on the date of enactment of this available for peacekeeping or peace enforce- ees has implications for the security of em- Act. If no such State law is in effect, the ment activities. ployees and can affect interstate and intra- term means an individual, employed by a (11) ROME STATUTE.—The term ‘‘Rome state commerce. The lack of such labor-man- public safety employer, who— Statute’’ means the Rome Statute of the agement cooperation can detrimentally im- (A) has the authority in the interest of the International Criminal Court, adopted by the pact the upgrading of police and fire services employer to hire, direct, assign, promote, re- United Nations Diplomatic Conference of of local communities, the health and well- ward, transfer, furlough, lay off, recall, sus- Plenipotentiaries on the Establishment of an being of public safety officers, and the mo- pend, discipline, or remove public safety offi- International Criminal Court on July 17, rale of the fire and police departments. Addi- cers, to adjust their grievances, or to effec- 1998. tionally, these factors could have significant tively recommend such action, if the exer- (12) SUPPORT.—The term ‘‘support’’ means commercial repercussions. Moreover, pro- cise of the authority is not merely routine or assistance of any kind, including financial viding minimal standards for collective bar- clerical in nature but requires the consistent support, transfer of property or other mate- gaining negotiations in the public safety sec- exercise of independent judgment; and rial support, services, intelligence sharing, tor can prevent industrial strife between (B) devotes a majority of time at work ex- law enforcement cooperation, the training or labor and management that interferes with ercising such authority. detail of personnel, and the arrest or deten- the normal flow of commerce. SEC. ll04. DETERMINATION OF RIGHTS AND RE- tion of individuals. SEC. ll03. DEFINITIONS. SPONSIBILITIES. (13) UNITED STATES MILITARY ASSISTANCE.— In this title: (a) DETERMINATION.— The term ‘‘United States military assist- (1) AUTHORITY.—The term ‘‘Authority’’ (1) IN GENERAL.—Not later than 180 days ance’’ means— means the Federal Labor Relations Author- after the date of enactment of this Act, the (A) assistance provided under chapter 2 or ity. Authority shall make a determination as to 5 of part II of the Foreign Assistance Act of (2) EMERGENCY MEDICAL SERVICES PER- whether a State substantially provides for 1961 (22 U.S.C. 2151 et seq.); or SONNEL.—The term ‘‘emergency medical the rights and responsibilities described in (B) defense articles or defense services fur- services personnel’’ means an individual who subsection (b). nished with the financial assistance of the provides out-of-hospital emergency medical (2) SUBSEQUENT DETERMINATIONS.—

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(A) IN GENERAL.—A determination made ant to its authority under section ll04(a), by any State or political subdivision or its pursuant to paragraph (1) shall remain in ef- do not substantially provide for such rights agents (management officials) in effect on fect unless and until the Authority issues a and responsibilities. the day before the date of enactment of this subsequent determination, in accordance (b) ROLE OF THE FEDERAL LABOR RELATIONS Act shall not be invalidated by the enact- with the procedures set forth in subpara- AUTHORITY.—The Authority, to the extent ment of this Act. graph (B). provided in this title and in accordance with SEC. ll08. CONSTRUCTION AND COMPLIANCE. (B) PROCEDURES FOR SUBSEQUENT DETER- regulations prescribed by the Authority, (a) CONSTRUCTION.—Nothing in this title MINATIONS.—Upon establishing that a mate- shall— shall be construed— rial change in State law or its interpretation (1) determine the appropriateness of units (1) to invalidate or limit the remedies, has occurred, an employer or a labor organi- for labor organization representation; rights, and procedures of any law of any zation may submit a written request for a (2) supervise or conduct elections to deter- State or political subdivision of any State or subsequent determination. If satisfied that a mine whether a labor organization has been jurisdiction that provides collective bar- material change in State law or its interpre- selected as an exclusive representative by a gaining rights for public safety officers that tation has occurred, the Director shall issue majority of the employees in an appropriate are equal to or greater than the rights pro- a subsequent determination not later than 30 unit; vided under this title; or days after receipt of such request. (3) resolve issues relating to the duty to (2) to prevent a State from prohibiting bar- (3) JUDICIAL REVIEW.—Any State, political bargain in good faith; gaining over issues which are traditional and subdivision of a State, or person aggrieved (4) conduct hearings and resolve com- customary management functions, except as by a determination of the Authority under plaints of unfair labor practices; provided in section ll04(b)(3). this section may, during the 60 day period (5) resolve exceptions to the awards of arbi- (b) COMPLIANCE.—No State shall preempt beginning on the date on which the deter- trators; and laws or ordinances of any of its political sub- mination was made, petition any United (6) take such other actions as are nec- divisions if such laws provide collective bar- States Court of Appeals in the circuit in essary and appropriate to effectively admin- gaining rights for public safety officers that which the person resides or transacts busi- ister this title, including issuing subpoenas are equal to or greater than the rights pro- ness or in the District of Columbia circuit, requiring the attendance and testimony of vided under this title. for judicial review. In any judicial review of witnesses and the production of documen- SEC. ll09. OFFICE FOR STATE AND LOCAL DO- a determination by the Authority, the proce- tary or other evidence from any place in the MESTIC PREPAREDNESS SUPPORT. dures contained in subsections (c) and (d) of United States, and administering oaths, tak- There is authorized to be appropriate to section 7123 of title 5, United States Code, ing or ordering the taking of depositions, or- the Office for State and Local Domestic Pre- shall be followed, except that any final de- dering responses to written interrogatories, paredness Support in the Department of Jus- termination of the Authority with respect to and receiving and examining witnesses. tice, $12,600,000 for each of fiscal years 2002 questions of fact or law shall be found to be (c) ENFORCEMENT.— through 2006, to be used for the purposes of conclusive unless the court determines that (1) AUTHORITY TO PETITION COURT.—The Au- making grants to national nonprofit em- the Authority’s decision was arbitrary and thority may petition any United States ployee organizations that have experience in capricious. Court of Appeals with jurisdiction over the providing terrorism response training using (b) RIGHTS AND RESPONSIBILITIES.—In mak- parties, or the United States Court of Ap- skilled instructors who are both fire fighters ing a determination described in subsection peals for the District of Columbia Circuit, to and certified instructors, to train fire fight- (a), the Authority shall consider whether enforce any final orders under this section, ers to safely and effectively respond to acts State law provides rights and responsibilities and for appropriate temporary relief or a re- of terrorism. comparable to or greater than the following: straining order. Any petition under this sec- SEC. ll10. AUTHORIZATION OF APPROPRIA- (1) Granting public safety officers the right tion shall be conducted in accordance with TIONS. to form and join a labor organization, which subsections (c) and (d) of section 7123 of title There are authorized to be appropriated such sums as may be necessary to carry out may exclude management and supervisory 5, United States Code, except that any final the provisions of this title, other than sec- employees, that is, or seeks to be, recognized order of the Authority with respect to ques- tion ll09. as the exclusive bargaining representative of tions of fact or law shall be found to be con- such employees. clusive unless the court determines that the SA 1789. Mr. DODD submitted an Authority’s decision was arbitrary and capri- (2) Requiring public safety employers to amendment intended to be proposed by recognize the employees’ labor organization cious. (freely chosen by a majority of the employ- (2) PRIVATE RIGHT OF ACTION.—Unless the him to the bill S. 1438, to authorize ap- ees), to agree to bargain with the labor orga- Authority has filed a petition for enforce- propriations for fiscal year 2002 for nization, and to commit any agreements to ment as provided in paragraph (1), any party military activities of the Department writing in a contract or memorandum of un- has the right to file suit in a State court of of Defense, for military constructions, derstanding. competent jurisdiction to enforce compli- and for defense activities of the De- (3) Permitting bargaining over hours, ance with the regulations issued by the Au- partment of Energy, to prescribe per- wages, and terms and conditions of employ- thority pursuant to subsection (b), and to en- sonnel strengths for such fiscal year ment. force compliance with any order issued by for the Armed Forces, and for other the Authority pursuant to this section. The (4) Requiring an interest impasse resolu- purposes; which was ordered to lie on tion mechanism, such as fact-finding, medi- right provided by this subsection to bring a ation, arbitration or comparable procedures. suit to enforce compliance with any order the table; as follows: (5) Requiring enforcement through State issued by the Authority pursuant to this sec- On page 148, between lines 17 and 18, insert courts of— tion shall terminate upon the filing of a peti- the following: (A) all rights, responsibilities, and protec- tion seeking the same relief by the Author- (c) SENSE OF THE SENATE.—It is the sense tions provided by State law and enumerated ity. of the Senate that all eligible American vot- in this section; and SEC. ll06. STRIKES AND LOCKOUTS PROHIB- ers, regardless of race, ethnicity, disability, (B) any written contract or memorandum ITED. the language they speak, or the resources of of understanding. A public safety employer, officer, or labor the community in which they live should (c) FAILURE TO MEET REQUIREMENTS.—If organization may not engage in a lockout, have an equal opportunity to cast a vote and the Authority determines, acting pursuant sickout, work slowdown, or strike or engage have that vote counted. to its authority under subsection (a), that a in any other action that is designed to com- Mr. REID submitted an State does not substantially provide for the pel an employer, officer, or labor organiza- SA 1790. rights and responsibilities described in sub- tion to agree to the terms of a proposed con- amendment intended to be proposed by section (b), such State shall be subject to the tract and that will measurably disrupt the him to the bill S. 1438, to authorize ap- regulations and procedures described in sec- delivery of emergency services, except that propriations for fiscal year 2002 for tion ll05. it shall not be a violation of this section for military activities of the Department SEC. ll05. ROLE OF FEDERAL LABOR RELA- an employer, officer, or labor organization to of Defense, for military constructions, TIONS AUTHORITY. refuse to provide services not required by the and for defense activities of the De- (a) IN GENERAL.—Not later than 1 year terms and conditions of an existing contract. partment of Energy, to prescribe per- after the date of enactment of this Act, the SEC. ll07. EXISTING COLLECTIVE BARGAINING sonnel strengths for such fiscal year Authority shall issue regulations in accord- UNITS AND AGREEMENTS. ance with the rights and responsibilities de- A certification, recognition, election-held, for the Armed Forces, and for other scribed in section ll04(b) establishing col- collective bargaining agreement or memo- purposes; which was ordered to lie on lective bargaining procedures for public safe- randum of understanding which has been the table; as follows: ty employers and officers in States which issued, approved, or ratified by any public At the end of subtitle C of title XXVIII, the Authority has determined, acting pursu- employee relations board or commission or add the following:

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 18208 CONGRESSIONAL RECORD—SENATE October 1, 2001 SEC. 2827. LAND CONVEYANCES, WENDOVER AIR Policy Act of 1969 (42 U.S.C. 4321 et seq.) the ted liability for illegal conduct toward the FORCE BASE AUXILIARY FIELD, NE- easements referred to in subsections (a) and Allied Powers and, in particular, liability for VADA. (b) shall constitute compliance by the Sec- illegal and inhumane conduct toward mem- (a) CONVEYANCES REQUIRED TO WEST retary of the Air Force and the Secretary of bers of the armed forces of the Allied Powers WENDOVER, NEVADA.—(1) Notwithstanding the Interior with respect to the conveyances held as prisoners of war. any other provision of law, the Secretary of required by this section. (4) Despite this admission of liability, Arti- the Air Force and the Secretary of the Inte- (f) ADDITIONAL TERMS AND CONDITIONS.— cle 14(b) of the Treaty has been construed to rior shall convey, without consideration, to The Secretary of the Air Force and the Sec- waive all private claims by nationals of the the City of West Wendover, Nevada, all right, retary of the Interior may jointly require United States, including private claims by title, and interest of the United States in such additional terms and conditions in con- members of the United States Armed Forces and to the following: nection with the conveyances required by held as prisoners of war by Japan during (A) The lands declared excess at Wendover subsections (a) and (b) as the Secretaries World War II. Air Force Base Auxiliary Field, Nevada, consider appropriate to protect the interests (5) Under Article 26 of the Treaty, the gov- identified in Easement No. AFMC–HL–2–00– of the United States. ernment of Japan agreed that if Japan en- 334. tered into a war claims settlement agree- (B) The lands declared excess at Wendover SA 1791. Mr. BINGAMAN submitted ment with a country that is not a party to Air Force Base Auxiliary Field identified for an amendment intended to be proposed the Treaty that provides more favorable disposition on the map entitled ‘‘West by him to the bill S. 1438, to authorize terms to that country than the terms Japan Wendover, Nevada–Excess’’ dated January 5, appropriations for fiscal year 2002 for extended to the parties to the Treaty, then 2001. Japan would extend those more favorable (2) The purposes of the conveyances under military activities of the Department terms to each of the parties to the Treaty, this subsection are— of Defense, for military constructions, including to the United States. (A) to permit the establishment and main- and for defense activities of the De- (6) Since the entry into force of the Treaty tenance of runway protection zones; and partment of Energy, to prescribe per- in 1952, the Government of Japan has entered (B) to provide for the development of an in- sonnel strengths for such fiscal year into war claims settlement agreements with dustrial park and related infrastructure. for the Armed Forces, and for other countries that are not party to the Treaty (3) The map referred to in paragraph (1)(B) that provide more favorable terms than shall be on file and available for public in- purposes; which was ordered to lie on those extended to the parties to the Treaty, spection in the offices of the Director of the the table; as follows: such as terms that allow claims by nationals Bureau of Land Management and the Elko At the end of subtitle D of title III, add the of those countries against Japanese nation- District Office of the Bureau of Land Man- following: als to be pursued without limitation, restric- agement. SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- (b) CONVEYANCE REQUIRED TO TOOELE COUN- EIGN LANGUAGE CENTER EX- tion, or waiver or any type. TY, UTAH.—(1) Notwithstanding any other PANDED ARABIC LANGUAGE PRO- (7) In accordance with Article 26 of the provision of law, the Secretary of the Air GRAM. Treaty, Japan is obligated to extend those Force and the Secretary of the Interior shall Of the amount authorized to be appro- same favorable terms to the United States, convey, without consideration, to Tooele priated by section 301(1) for operation and including to nationals of the United States, County, Utah, all right, title, and interest of maintenance for the Army, $650,000 may be who as members of the United States Armed the United States in and to the lands de- available for the Defense Language Institute Forces, were held as prisoners of war by clared excess at Wendover Air Force Base Foreign Language Center (DLIFLC) for an Japan during World War II and who were Auxiliary Field identified in Easement No. expanded Arabic language program. forced to provide labor without compensa- AFMC–HL–2–00–318. tion and under inhumane conditions. (2) The purpose of the conveyance under SA 1792. Mr. SMITH of New Hamp- (8) The people of the United States owe a this subsection is to permit the establish- shire submitted an amendment in- deep and eternal debt to the heroic United ment and maintenance of runway protection tended to be proposed by him to the States servicemembers held as prisoners of zones and an aircraft accident potential pro- bill S. 1401, to authorize appropriations war by Japan for the sacrifices those tection zone as necessitated by continued servicemembers made on behalf of the for the Department of State and for United States in the days after the ignomin- military aircraft operations at the Utah Test United States international broad- and Training Range. ious aggression of Japan against the United (c) MANAGEMENT OF CONVEYED LANDS.—The casting activities for fiscal years 2002 States at Pearl Harbor, Bataan, and Cor- lands conveyed under subsections (a) and (b) and 2003, and for other purposes; which regidor. shall be managed by the City of West was ordered to lie on the table; as fol- (9) The pursuit of justice by those Wendover, Nevada, City of Wendover, Utah, lows: servicemembers through lawsuits filed in the Tooele County, Utah, and Elko County, Ne- On page 152, after line 4, add the following United States, where otherwise supported by vada— new subtitle: Federal, State, or international law, is con- (1) in accordance with the provisions of an sistent with the interests of the United Subtitle G—Justice for United States Interlocal Memorandum of Agreement en- States and should not be preempted by any Prisoners of War Act of 2001 tered into between the Cities of West other provision of law or by the Treaty. Wendover, Nevada, and Wendover, Utah, SEC. 791. SHORT TITLE. (10) Despite repeated requests for disclo- Tooele County, Utah, and Elko County, Ne- This subtitle may be cited as the ‘‘Justice sure by United States servicemembers, the vada, providing for the coordinated manage- for United States Prisoners of War Act of Department of Veterans Affairs, and Con- ment and development of the lands for the 2001’’. gress, the United States Government has economic benefit of both communities; and SEC. 792. FINDINGS. withheld from those servicemembers and (2) in a manner that is consistent with The Congress finds the following: their physicians Japanese records that were such provisions of the easements referred to (1) During World War II, members of the turned over to the United States and that re- subsections (a) and (b) that remain applica- United States Armed Forces held as pris- late to chemical and biological experiments ble and relevant to the operation and man- oners of war by Japan were forced to provide conducted on United States servicemembers agement of the lands following conveyance labor for Japanese privately owned corpora- held as prisoners of war by Japan during and are consistent with the provisions of this tions in functions unrelated to the prosecu- World War II. section. tion of the war. SEC. 793. SUITS AGAINST JAPANESE NATIONALS. (d) RESPONSIBILITY FOR ENVIRONMENTAL (2) International law, including inter- (a) IN GENERAL.—In an action brought in a CLEANUP.—The Secretary of Defense shall be national conventions relating to the protec- Federal court against a Japanese defendant responsible for compliance with all environ- tion of prisoners of war, was violated when by a member of the United States Armed mental laws and regulations relating to the these Japanese corporations— Forces who was held as a prisoner of war by cleanup of any military munitions or other (A) failed to pay wages to captured United Japan during World War II that seeks com- environmental contaminants discovered on States servicemembers for their labor; pensation for mistreatment or failure to pay the lands conveyed under this section after (B) allowed and promoted torture and mis- wages in connection with labor performed by their conveyance under this section that are treatment of captured United States such a member to the benefit of the Japanese attributable to activities of the Department servicemembers; and defendant during World War II, the court— of Defense or the Department of Energy be- (C) withheld food and medical treatment (1) shall apply the applicable statute of fore the conveyance of the lands under this from captured United States limitations of the State in which the Federal section. servicemembers. court hearing the case is located; (e) COMPLIANCE WITH NEPA.—Compliance (3) In the Treaty of Peace with Japan, (2) shall not construe Article 14(b) of the by the Secretary of the Air Force with the signed at San Francisco September 8, 1951 (3 Treaty as constituting a waiver by the provisions of the National Environmental UST 3169), the Government of Japan admit- United States of claims by nationals of the

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United States, including claims by members Oman .. Masirah Island $8,000,000 States shall immediately proceed to a public of the United States Armed Forces, so as to sale of the property. preclude the pending action. In section 2301(b), in the table, strike the (d) ADDITIONAL TERMS AND CONDITIONS.—(1) (b) SUNSET.—Paragraph (1) of subsection item identified as the total in the amount The property shall not be used for commer- (a) shall cease to apply at the end of the 10- column and insert ‘‘$257,392,000’’. cial purposes. year period beginning on the date of enact- In section 2304(a), in the matter preceding (2) The Administrator may require such ment of this Act. paragraph (1), strike ‘‘$2,579,791,000’’ and in- additional terms and conditions in connec- SEC. 794. APPLICABILITY OF RIGHTS UNDER AR- sert ‘‘$2,587,791,000’’. tion with the conveyance under subsection TICLE 26 OF THE TREATY OF PEACE In section 2304(a)(2), strike ‘‘$249,392,000’’ (a) as the Administrator considers appro- WITH JAPAN. and insert ‘‘$257,392,000’’. priate to protect the interests of the United It is the policy of the United States Gov- States. ernment to ensure that all terms under any SA 1794. Mr. WARNER (for himself SEC. . TREATMENT OF AMOUNTS RECEIVED. war claims settlement agreement between and Mr. LEVIN) proposed an amend- Any net proceeds received by the United Japan and any other country that are more ment to the bill S. 1438, to authorize States as payment under subsection (c) of favorable than those terms extended to the the previous section shall be deposited into United States under the Treaty, will be ex- appropriations for fiscal year 2002 for the Land and Water Conservation Fund. tended to the United States in accordance military activities of the Department with Article 26 of the Treaty with respect to of Defense, for military constructions, claims by nationals of the United States and for defense activities of the De- SA 1796. Mr. WARNER (for himself who, as members of the United States Armed partment of Energy, to prescribe per- and Mr. LEVIN) proposed an amend- Forces, were held as prisoners of war by sonnel strengths for such fiscal year ment to the bill S. 1438, to authorize Japan during World War II and who were for the Armed Forces, and for other appropriations for fiscal year 2002 for forced to provide labor without compensa- purposes; as follows: military activities of the Department tion and under inhumane conditions. of Defense, for military constructions, SEC. 795. AVAILABILITY OF INFORMATION RE- At the end of subtitle C of title XXVIII, and for defense activities of the De- LATING TO CERTAIN CHEMICAL AND add the following: partment of Energy, to prescribe per- BIOLOGICAL TESTS CONDUCTED BY SEC. 2827. LAND ACQUISITION, PERQUIMANS JAPAN DURING WORLD WAR II. COUNTY, NORTH CAROLINA. sonnel strengths for such fiscal year (a) AVAILABILITY OF INFORMATION TO THE The Secretary of the Navy may, using for the Armed Forces, and for other SECRETARY OF VETERANS AFFAIRS.—Notwith- funds previously appropriated for such pur- purposes; as follows: standing any other provision of law, the Sec- pose, acquire any and all right, title, and in- On page 18, line 14, increase the amount by retary of Veterans Affairs may request from, terest in and to a parcel of real property, in- $22,700,000. and the head of the department or agency so cluding improvements thereon, consisting of On page 23, line 12, reduce the amount by requested shall provide to the Secretary, in- approximately 240 acres, or any portion $22,700,000. formation relating to chemical or biological thereof, in Perquimans County, North Caro- tests conducted by Japan on members of the lina, for purposes of including such parcel in Mr. LEVIN (for Mrs. United States Armed Forces held as pris- SA 1797. the Harvey Point Defense Testing Activity, CARNAHAN) proposed an amendment to oners of war by Japan during World War II, Hertford, North Carolina. including any information provided to the the bill S. 1438, to authorize appropria- United States Government by Japan. tions for fiscal year 2002 for military SA 1795. Mr. LEVIN (for Mr. FEIN- (b) AVAILABILITY OF INFORMATION TO INTER- activities of the Department of De- GOLD) proposed an amendment to the ESTED MEMBERS OF THE ARMED FORCES.—Any fense, for military constructions, and bill S. 1438, to authorize appropriations information received by the Secretary of for defense activities of the Depart- Veterans Affairs under subsection (a), with for fiscal year 2002 for military activi- ment of Energy, to prescribe personnel respect to an individual member of the ties of the Department of Defense, for strengths for such fiscal year for the United States Armed Forces held as a pris- military constructions, and for defense Armed Forces, and for other purposes; oner of war by Japan during World War II, activities of the Department of Energy, may be made available to that individual to as follows: to prescribe personnel strengths for the extent otherwise provided by law. such fiscal year for the Armed Forces, On page 235, between lines 15 and 16, insert SEC. 796. DEFINITIONS. the following: and for other purposes; as follows: In this subtitle: SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- (1) JAPANESE DEFENDANT.— At the appropriate place in the bill insert BERS SEPARATED FROM ACTIVE (A) IN GENERAL.—The term ‘‘Japanese de- the following sections: DUTY. fendant’’ means a Japanese national, an en- SEC. . LAND CONVEYANCE, ARMY RESERVE CEN- (a) PERMANENT AUTHORITY FOR INVOLUN- tity organized or incorporated under Japa- TER, KEWAUNEE, WISCONSIN. TARILY SEPARATED MEMBERS AND MOBILIZED nese law, an affiliate of an entity organized (a) CONVEYANCE REQUIRED.—The Adminis- RESERVES.—Subsection (a) of section 1145 of or incorporated under Japanese law that is trator of General Services may convey, with- title 10, United States Code, is amended— organized or incorporated under the laws of out consideration, to the City of Kewaunee, (1) in paragraph (1), by striking ‘‘paragraph any State, and any predecessor of that enti- Wisconsin (in this section referred to as the (2), a member’’ and all that follows through ty or affiliate. City), all right, title, and interest of the ‘‘of the member),’’ and inserting ‘‘paragraph (B) LIMITATION.—The term does not include United States in and to a parcel of Federal (3), a member of the armed forces who is sep- the Government of Japan. real property, including improvements arated from active duty as described in para- (2) STATE.—The term ‘‘State’’ means the thereon, that is located at 401 5th Street in graph (2)’’; several States, the District of Columbia, and Kewaunee, Wisconsin, and contains an excess (2) by redesignating paragraph (2) as para- any commonwealth, territory or possession Army Reserve Center. After such convey- graph (3); of the United States. ance, the property may be used and occupied (3) by inserting after paragraph (1) the fol- (3) TREATY.—The term ‘‘Treaty’’ mean the only by the City, or by another local or lowing new paragraph (2): Treaty of Peace with Japan, signed at San State government entity approved by the ‘‘(2) This subsection applies to the fol- Francisco on September 8, 1951 (3 UST 3169). City. lowing members of the armed forces: (b) DESCRIPTION OF PROPERTY.—The exact ‘‘(A) A member who is involuntarily sepa- SA 1793. Mr. LEVIN (for himself and acreage and legal description of the real rated from active duty. Mr. WARNER) proposed an amendment property to be conveyed under subsection (a) ‘‘(B) A member of a reserve component who to the bill S. 1438, to authorize appro- shall be determined by a survey satisfactory is separated from active duty to which called priations for fiscal year 2002 for mili- to the Administrator. The cost of the survey or ordered in support of a contingency oper- tary activities of the Department of shall be borne by the City. ation if the active duty is active duty for a Defense, for military constructions, (c) REVERSIONARY INTEREST.—During the period of more than 30 days. and for defense activities of the De- 20-year period beginning on the date the Ad- ‘‘(C) A member who is separated from ac- partment of Energy, to prescribe per- ministrator makes the conveyance under tive duty for which the member is involun- subsection (a), if the Administrator deter- tarily retained under section 12305 of this sonnel strengths for such fiscal year mines that the conveyed property is not title in support of a contingency operation. for the Armed Forces, and for other being used and occupied in accordance with ‘‘(D) A member who is separated from ac- purposes; as follows: such subsection, all right, title, and interest tive duty served pursuant to a voluntary In section 2301(b), in the table, insert after in and to the property, including any im- agreement of the member to remain on ac- the item relating to Osan Air Base, Korea, provements thereon, shall revert to the tive duty for a period of less than one year in the following new item: United States. Upon reversion, the United support of a contingency operation.’’; and

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 18210 CONGRESSIONAL RECORD—SENATE October 1, 2001 (4) in paragraph (3), as redesignated by the purpose of furthering public awareness of for fiscal year 2002 for military activi- paragraph (2), is amended by striking ‘‘invol- the Navy and its mission. It does not include ties of the Department of Defense, for untary’’ each place it appears. civilians conducting official business. military constructions, and for defense (b) CONFORMING AMENDMENTS.—Such sec- activities of the Department of Energy, tion 1145 is further amended— SA 1800. Mr. WARNER (for Mr. LOTT) (1) in subsection (c)(1), by striking ‘‘during proposed an amendment to the bill S. to prescribe personnel strengths for the period beginning on October 1, 1990, and 1438, to authorize appropriations for such fiscal year for the Armed Forces, ending on December 31, 2001’’; and fiscal year 2002 for military activities and for other purposes; as follows: (2) in subsection (e), by striking the first of the Department of Defense, for mili- On page 553, between lines 12 and 13, insert sentence. tary constructions, and for defense ac- the following: (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) SEC. 3159. ANNUAL ASSESSMENT AND REPORT Section 1074b of title 10, United States Code, tivities of the Department of Energy, ON VULNERABILITY OF DEPART- is repealed. to prescribe personnel strengths for MENT OF ENERGY FACILITIES TO (2) The table of sections at the beginning of such fiscal year for the Armed Forces, TERRORIST ATTACK. chapter 55 of such title is amended by strik- and for other purposes; as follows: (a) IN GENERAL.—Part C of title VI of the ing the item relating to section 1074b. At the end of subtitle B of title XII add the Department of Energy Organization Act (42 (d) TRANSITION PROVISION.—Notwith- following: U.S.C. 7251 et seq.) is amended by adding at standing the repeal of section 1074b of title the end the following new section: SEC. 1217. ALLIED DEFENSE BURDENSHARING. 10, United States Code, by subsection (c), the ‘‘ANNUAL ASSESSMENT AND REPORT ON VUL- provisions of that section, as in effect before It is the sense of the Senate that—— (1) the efforts of the President to increase NERABILITY OF FACILITIES TO TERRORIST AT- the date of the enactment of this Act, shall TACK continue to apply to a member of the Armed defense burdensharing by allied and friendly Forces who is released from active duty in nations deserve strong support; ‘‘SEC. 663. (a) The Secretary shall, on an (2) host support agreements with those na- support of a contingency operation before annual basis, conduct a comprehensive as- tions in which United States military per- that date. sessment of the vulnerability of Department sonnel are assigned to permanent duty facilities to terrorist attack. ashore should be negotiated consistent with ‘‘(b) Not later than January 31 each year, SA 1798. Mr. WARNER (for Mr. STE- section 1221(a)(1) of the National Defense Au- the Secretary shall submit to Congress a re- VENS) proposed an amendment to the thorization Act for Fiscal Year 1998 (P.L. port on the assessment conducted under sub- bill S. 1438, to authorize appropriations 105–85) which sets forth a goal of obtaining section (a) during the preceding year. Each for fiscal year 2002 for military activi- financial contributions from host nations report shall include the results of the assess- ties of the Department of Defense, for that amount to 75 percent of the non-per- ment covered by such report, together with military constructions, and for defense sonnel costs incurred by the United States such findings and recommendations as the activities of the Department of Energy, government for stationing military per- Secretary considers appropriate.’’. to prescribe personnel strengths for sonnel in those nations. (b) CLERICAL AMENDMENT.—The table of such fiscal year for the Armed Forces, sections at the beginning of that Act is SA 1801. Mr. LEVIN (for Mr. BINGA- amended by inserting after the item relating and for other purposes; as follows: MAN) proposed an amendment to the to section 662 the following new item: At the appropriate place, insert: bill S. 1438, to authorize appropriations ‘‘Sec. 663. Annual assessment and report on Of the funds authorized to be appropriated vulnerability of facilities to for section 301, $230,255,000 shall be available for fiscal year 2002 for military activi- terrorist attack.’’. for Environmental Restoration, Formerly ties of the Department of Defense, for Used Defense Sites. military constructions, and for defense activities of the Department of Energy, SA 1804. Mr. WARNER proposed an SA 1799. Mr. LEVIN (for Mr. DORGAN) to prescribe personnel strengths for amendment to the bill S. 1438, to au- proposed an amendment to the bill S. such fiscal year for the Armed Forces, thorize appropriations for fiscal year 1438, to authorize appropriations for and for other purposes; as follows: 2002 for military activities of the De- partment of Defense, for military con- fiscal year 2002 for military activities At the end of subtitle D of title III, add the of the Department of Defense, for mili- following: structions, and for defense activities of the Department of Energy, to prescribe tary constructions, and for defense ac- SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- tivities of the Department of Energy, EIGN LANGUAGE CENTER EX- personnel strengths for such fiscal year to prescribe personnel strengths for PANDED ARABIC LANGUAGE PRO- for the Armed Forces, and for other GRAM. purposes; as follows: such fiscal year for the Armed Forces, Of the amount authorized to be appro- On page 396, between lines 13 and 14, insert and for other purposes; as follows: priated by section 301(1) for operation and the following: At the appropriate place in the bill, insert maintenance for the Army, $650,000 may be the following new section. available for the Defense Language Institute SEC. 1217. RELEASE OF RESTRICTION ON USE OF SEC.. PLAN.—The Secretary of the Navy CERTAIN VESSELS PREVIOUSLY AU- Foreign Language Center (DLIFLC) for an THORIZED TO BE SOLD. shall, not later than February 1, 2002, submit expanded Arabic language program. to Congress a plan to ensure that the embar- Section 3603(a) of the Storm Thurmond Na- tional Defense Authorization Act for Fiscal kation of selected civilian guests does not SA 1802. Mr. WARNER (for Mr. LOTT) interfere with the operational readiness and Year 1999 (Public Law 105–261; 112 Stat. 2273) proposed an amendment to the bill S. is amended by striking ‘‘for full use as an safe operation of Navy vessels. The plan 1438, to authorize appropriations for shall include, at a minimum: oiler’’. Procedures to ensure that guest embar- fiscal year 2002 for military activities kations are conducted only within the of the Department of Defense, for mili- SA 1805. Mr. LEVIN (for Mr. DURBIN) framework of regularly scheduled operations tary constructions, and for defense ac- proposed an amendment to the bill S. and that underway operations are not con- tivities of the Department of Energy, 1438, to authorize appropriations for ducted solely to accommodate non-official to prescribe personnel strengths for fiscal year 2002 for military activities civilian guests, such fiscal year for the Armed Forces, of the Department of Defense, for mili- Guidelines for the maximum number of and for other purposes; as follows: tary constructions, and for defense ac- guests that can be embarked on the various tivities of the Department of Energy, classes of Navy vessels, At the appropriate place in the bill, add Guidelines and procedures for supervising the following: to prescribe personnel strengths for civilians operating or controlling any equip- SEC. 301(5). AUTHORIZATION OF ADDITIONAL such fiscal year for the Armed Forces, ment on Navy vessels, FUNDS. and for other purposes; as follows: Of the amount authorized to be appro- Guidelines to ensure that proper standard At the end of subtitle A of title III, add the priated by section 301(5), $2,000,000 may be operating procedures are not hindered by ac- following: tivities related to hosting civilians, available for the replacement and refurbish- ment of air handlers and related control sys- SEC. 306. FUNDS FOR RENOVATION OF DEPART- Any other guidelines or procedures the MENT OF VETERANS AFFAIRS FA- Secretary shall consider necessary or appro- tems at Air Force medical centers. CILITIES ADJACENT TO NAVAL priate. TRAINING CENTER, GREAT LAKES, Definition. For the purposes of this sec- SA 1803. Mr. LEVIN (for Mr. BINGA- ILLINOIS. tion, civilian guests are defined as civilians MAN) proposed an amendment to the (a) AVAILIABILITY OF FUNDS FOR RENOVA- invited to embark on Navy ships solely for bill S. 1438, to authorize appropriations TION.—Subject to subsection (b), of the

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18211 amount authorized to be appropriated by to prescribe personnel strengths for thorize appropriations for fiscal year section 301(2) for operations and mainte- such fiscal year for the Armed Forces, 2002 for military activities of the De- nance for the Navy, the Secretary of the and for other purposes; as follows: partment of Defense, for military con- Navy may make available to the Secretary structions, and for defense activities of of Veterans Affairs up to $2,000,000 for reloca- On page 192, after line 20, insert the fol- tion of Department of Veterans Affairs ac- lowing: the Department of Energy, to prescribe tivities and associated renovation of existing SEC. 621. ELIGIBILITY FOR CERTAIN CAREER personnel strengths for such fiscal year facilities at the North Chicago Department CONTINUATION BONUSES FOR for the Armed Forces, and for other EARLY COMMITMENT TO REMAIN ON of Veterans Affairs Medical Center. ACTIVE DUTY. purposes; as follows: (b) LIMITATION.—The Secretary of the Navy (a) AVIATION OFFICERS.—Section 301b(b)(4) At the end of subtitle A of title II, add the may make funds available under subsection of title 37, United States Code, is amended by following: (a) only after the Secretary of the Navy and striking ‘‘has completed’’ and inserting ‘‘is SEC. 203. FUNDING FOR SPECIAL OPERATIONS the Secretary of Veterans Affairs enter into within one year of the completion of’’. FORCES COMMAND, CONTROL, COM- an appropriate agreement for the use by the (b) SURFACE WARFARE OFFICERS.—Section MUNICATIONS, COMPUTERS, AND IN- Secretary of the Navy of approximately 48 319(a)(3) of title 37, United States Code, is TELLIGENCE SYSTEMS THREAT acres of real property at the North Chicago amended by striking ‘‘has completed’’ and WARNING AND SITUATIONAL AWARENESS PROGRAM. Department of Veterans Affairs property re- inserting ‘‘is within one year of the comple- (a) INCREASED AUTHORIZATION OF APPRO- ferred to in subsection (a) for expansion of tion of’’. the Naval Training Center, Great Lakes, Illi- PRIATIONS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The nois. SA 1809. Mr. LEVIN (for Mr. BINGA- amount authorized to be appropriated by MAN (for himself and Mr. DOMENICI) SA 1806. Mr. WARNER (for Mr. BOND section 201(4) for research, development, test, proposed an amendment to the bill S. (for himself and Mr. BYRD) proposed an and evaluation, Defense-wide, is hereby in- amendment to the bill S. 1438, to au- 1438, to authorize appropriations for creased by $2,800,000. thorize appropriations for fiscal year fiscal year 2002 for military activities (b) AVAILABILITY.—Of the amount author- 2002 for military activities of the De- of the Department of Defense, for mili- ized to be appropriated by section 201(4), as tary constructions, and for defense ac- increased by subsection (a), $2,800,000 may be partment of Defense, for military con- available for the Special Operations Forces structions, and for defense activities of tivities of the Department of Energy, to prescribe personnel strengths for Command, Control, Communications, Com- the Department of Energy, to prescribe puters, and Intelligence Systems Threat such fiscal year for the Armed Forces, personnel strengths for such fiscal year Warning and Situational Awareness (PRI- for the Armed Forces, and for other and for other purposes; as follows: VATEER) program (PE1160405BB). purposes; as follows: At the end of subtitle B of title II, add the (c) OFFSET.—The amount authorized to be following: appropriated by section 301(5) for operation On page 65, after line 24, insert the fol- SEC. 215. BIG CROW PROGRAM AND DEFENSE and maintenance for Defense-wide activities lowing: SYSTEMS EVALUATION PROGRAM. is hereby reduced by $2,800,000. SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- (a) INCREASE IN AUTHORIZATION OF APPRO- ING. PRIATIONS FOR RESEARCH, DEVELOPMENT, Of the amount authorized to be appro- SA 1812. Mr. WARNER proposed an TEST, AND EVALUATION, DEFENSE-WIDE.—The priated by section 301(5), $5,000,000 may be amendment to the bill S. 1438, to au- amount authorized to be appropriated by available for the training of members of the thorize appropriations for fiscal year section 201(4) for research, development, test, Armed Forces (including reserve component 2002 for military activities of the De- and evaluation, Defense-wide, is hereby in- personnel) in the management of the con- creased by $6,500,000, with the amount of the partment of Defense, for military con- sequences of an incident involving the use or increase to be available for operational test structions, and for defense activities of threat of use of a weapon of mass destruc- and evaluation (PE605118D). the Department of Energy to prescribe tion. (b) AVAILABILITY OF FUNDS.—Of the personnel strengths for such fiscal year amount authorized to be appropriated by SA 1807. Mr. LEVIN (for Mr. ROCKE- for the Armed Forces, and for other section 201(4), as increased by subsection purposes; as follows: FELLER) proposed an amendment to the (a)— bill S. 1438, to authorize appropriations (1) $5,000,000 may be available for the Big On page 65, after line 24, insert the fol- for fiscal year 2002 for military activi- Crow program; and lowing: ties of the Department of Defense, for (2) $1,500,000 may be available for the De- SEC. 335. CRITICAL INFRASTRUCTURE PROTEC- TION INITIATIVE OF THE NAVY. military constructions, and for defense fense Systems Evaluation (DSE) program. Of the amount authorized to be appro- activities of the Department of Energy, (c) OFFSET.—The amount authorized to be appropriated by section 301(5) for operation priated by section 301(2), $6,000,000 may be to prescribe personnel strengths for and maintenance for Defense-wide activities available for the critical infrastructure pro- such fiscal year for the Armed forces, is hereby reduced by $6,500,000. tection initiative of the Navy. and for other purposes; as follows: At the end of subtitle D of Title XXVIII, SA 1810. Mr. WARNER (for Mr. LOTT) SA 1813. Mr. LEVIN (for Mr. CONRAD add the following: proposed an amendment to the bill S. (for himself, Mr. DORGAN, Mr. ENZI, Mr. SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO 1438, to authorize appropriations for BAUCUS, Mr. BURNS, and Mr. THOMAS)) REPAIR OR ESTABLISHMENT MEMO- fiscal year 2002 for military activities proposed an amendment to the bill S. RIAL AT PENTAGON RESERVATION. of the Department of Defense, for mili- 1438, to authorize appropriations for (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— The Secretary of Defense may accept con- tary constructions, and for defense ac- fiscal year 2002 for military activities tributions made for the purpose of estab- tivities of the Department of Energy, of the Department of Defense, for mili- lishing a memorial or assisting in the repair to prescribe personnel strengths for tary constructions, and for defense ac- of the damage caused to the Pentagon Res- such fiscal year for the Armed Forces, tivities of the Department of Energy to ervation by the terrorist attack that oc- and for other purposes; as follows: prescribe personnel strengths for such curred on September 11, 2001. At the appropriate place in the bill, add fiscal year for the Armed Forces, and (b) DEPOSIT OF CONTRIBUTIONS.—The Sec- the following: for other purposes; as follows: retary shall deposit contributions accepted under subsection (a) in the Pentagon Res- SEC. 201(1). AUTHORIZATION OF ADDITIONAL At the appropriate place, insert: FUNDS. ervation Maintenance Revolving Fund estab- STUDY AND PLAN.— AUTHORIZATION.—The amount authorized lished by section 2674(e) of title 10, United (a). With the submission of the fiscal year to be appropriated in section 201(1) is in- states Code. 2003 budget request, the Secretary of Defense creased by $2,500,000 in PE62303A214 for En- shall provide to the congrssional defense hanced Scramjet Mixing. SA 1808. Mr. WARNER (for MCCAIN) committees a report and the Secretary’s rec- OFFSET.—The amount authorized to be ap- ommendations on options for providing the proposed an amendment to the bill S. propriated by section 301(5) is reduced by 1438, to authorize appropriations for helicopter support missions for the ICBM $2,500,000. wings at Minot AFB, North Dakota; fiscal year 2002 for military activities Malmstrom AFB, Montana; and F.E. Warren of the Department of Defense, for mili- SA 1811. Mr. LEVIN (for Mr. CLELAND AFB, Wyoming, for as long as these missions tary constructions, and for defense ac- (for himself and Mr. MILLER) proposed are required. tivities of the Department of Energy, an amendment to the bill S. 1438, to au- (b) Options to be reviewed include:

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 18212 CONGRESSIONAL RECORD—SENATE October 1, 2001 (1) the Air Force’s current plan for replace- health care and disability benefits to all 2002 for military activities of the De- ment or modernization of UH–1N helicopters such persons injured in training, education, partment of Defense, for military con- currently flown by the Air Force at the mis- or other types of programs conducted by the structions, and for defense activities of sile wings; Secretary of a military department. the Department of Energy, to prescribe (2) replacement of the UH–1N helicopters (2) Information on the total number of currently flown by the Air Force with UH–60 cases of such persons requiring health care personnel strengths for such fiscal year Black Hawk helicopters, the UH–1Y, or an- and disability benefits and the total number for the Armed Forces, and for other other platform. of cases and average value of health care and purposes; as follows: (3) replacement of UH–1N helicopters with disability benefits provided under the au- At the appropriate place, insert: UH–60 helicopters and transition of the mis- thority for each source of benefits available SEC. . PERSONNEL PAY AND QUALIFICATIONS sion to the Army National Guard, as detailed to those persons. AUTHORITY FOR DEPARTMENT OF in a November 2000 Air Force Space Com- (3) A discussion of the issues regarding DEFENSE PENTAGON RESERVATION mand/Army National Guard plan, ‘‘ARNG health and disability benefits for such per- CIVILIAN LAW ENFORCEMENT AND Helicopter Support to Air Force Space Com- sons that are encountered by the Secretary SECURITY FORCE mand;’’ during the review, to include discussions Section 2674(b) of title 10, United States (4) replacement of UH–1N helicopters with with individuals who have received those Code, is amended— UH–60 helicopters or another platform, and benefits. (1) by inserting ‘‘(I)’’ before the text in the establishment of composite units combining (4) A statement of the processes and de- first paragraph of that subsection; active duty Air Force and Army National tailed procedures followed by each of the (2) by redesignating paragraphs (1) and (2) Guard personnel; and Armed Forces under the jurisdiction of the as subparagraphs (A) and (B), respectively, (5) other options as the Secretary deems Secretary of a military department to pro- and (3) by adding at the end the following new appropriate. vide recruits and officer candidates with suc- paragraph: (c). Factors to be considered in this anal- cinct information on the eligibility require- ‘‘(2) For positions whose permanent duty ysis include: ments (including information on when they station is the Pentagon Reservation, the (1) any implications of transferring the become eligible) for health care benefits Secretary, in his sole and exclusive discre- helicopter support missions on the command under the Defense health care program, and and control of the responsibility for missile tion, may— the nature and availability of the benefits ‘‘(A) without regard to the pay provisions field force protection; under the program. (2) current and future operational require- of title 5, fix the rates of basic pay for such (5) A discussion of the necessity for legisla- positions occupied by civilian law enforce- ments, and the capabilities of the UH–1N, tive changes and specific legislative pro- and UH–60 or other aircraft to meet them; ment and security personnel appointed under posals needed to improve the benefits pro- the authority of this section so as to place (3) cost, with particular attention to op- vided those persons. portunities to realize efficiencies over the such personnel on a comparable basis with other similar federal law enforcement and long run; SA 1815. Mr. LEVIN (for Mr. JOHN- security organizations within the vicinity of (4) implications for personnel training and SON) proposed an amendment to the the Pentagon Reservation, not to exceed retention; and, bill S. 1438, to authorize appropriations (5) evaluation of the assumptions used in basic pay for personnel performing similar for fiscal year 2002 for military activi- duties in the Uniformed Division of the Se- the plan specified in (b)(3) above. ties of the Department of Defense, for (d). The Secretary shall consider carefully cret Service or the Park Police. the views of the Secretary of the Army, Sec- military constructions, and for defense retary of the Air Force, Commander in Chief activities of the Department of Energy, SA 1817. Mr. LEVIN (for Mr. KEN- of the United States Strategic Command, to prescribe personnel strengths for NEDY) proposed an amendment to the and the Chief of the National Guard Bureau. such fiscal year for the Armed Forces, bill S. 1438, to authorize appropriations and for other purposes; as follows: for fiscal year 2002 for military activi- SA 1814. Mr. WARNER (for Mrs. The Senate finds that a national tragedy ties of the Department of Defense, for HUTCHISON) proposed an amendment to occurred on September 11, 2001, whereby en- military constructions, and for defense the bill S. 1438, to authorize appropria- emies of freedom and democracy attacked activities of the Department of Energy, tions for fiscal year 2002 for military the United States of America and injured or to prescribe personnel strengths for activities of the Department of De- killed thousands of innocent victims; such fiscal year for the Armed Forces, fense, for military constructions, and The Senate finds that the perpetrators of these reprehensible attacks destroyed brick and for other purposes; as follows: for defense activities of the Depart- and mortar buildings, but the American spir- On page 222, line 17, and after ‘‘include ment of Energy, to prescribe personnel it and the American people have become comprehensive health care,’’ insert the fol- strengths for such fiscal year for the stronger as they have united in defense of lowing: ‘‘including services necessary to Armed Forces, and for other purposes; their country; maintain function, or to minimize or prevent as follows: The Senate finds that the American people deterioration of function, of the patient,’’. On page 171, between lines 2 and 3, insert have responded with incredible acts of her- On page 226, strike line 15, and insert the the following: oism, kindness, and generosity; following: SEC. 589. REPORT ON HEALTH AND DISABILITY The Senate finds that the outpouring of SEC. 706. PROSTHETICS AND HEARING AIDS. BENEFITS FOR PRE-ACCESSION volunteers, blood donors, and contributions Section 1077 of title 10 United States Code, TRAINING AND EDUCATION PRO- of food and money demonstrates that Amer- is amended— GRAMS. ica will unite to provide relief to the victims (1) in subsection (a), by adding at the end (a) STUDY.—The Secretary of Defense shall of these cowardly terrorist acts; the following: conduct a review of the health and disability The Senate finds that the American people ‘‘(16) A hearing aid, but only for a depend- benefit programs available to recruits and stand together to resist all attempts to steal ent of a member of the uniformed services on officer candidates engaged in training, edu- their freedom; and active duty and only if the dependent has a cation, or other types of programs while not Whereas united, Americans will be vic- profound hearing loss, as determined under yet on active duty and to cadets and mid- torious over their enemies, whether known standards prescribed in regulations by the shipmen attending the service academies. or unknown: Now, therefore, it is the sense Secretary of Defense in consultation with The review shall be conducted with the par- of the Senate that— the administering Secretaries.’’; ticipation of the Secretaries of the military (1) the Secretary of the Treasury should— (2) in subsection (b)(2), by striking ‘‘Hear- departments. (A) immediately issue savings bonds, to be ing aids, orthopedic footwear,’’ and inserting (b) REPORT.—Not later than March 1, 2002, designated as ‘‘Unity Bonds’’; and ‘‘Orthopedic footwear’’; and the Secretary shall submit to the Committee (B) report quarterly to Congress on the (3) by adding at the end the following new on Armed Services of the Senate and the revenue raised from the sale of Unity Bonds; subsection: Committee on Armed Services of the House and ‘‘(f)(1) Authority to provide a prosthetic of Representatives a report on the findings of (2) the proceeds from the sale of Unity device under subsection (a)(15) includes au- the review. The report shall include the fol- Bonds should be directed to the purposes of thority to provide the following: lowing with respect to persons described in rebuilding America and fighting the war on ‘‘(A) Any accessory or item of supply that subsection (a): terrorism. is used in conjunction with the device for the (1) A statement of the process and detailed purpose of achieving therapeutic benefit and procedures followed by each of the Armed SA 1816. Mr. WARNER proposed an proper functioning. Forces under the jurisdiction of the Sec- amendment to the bill S. 1438, to au- ‘‘(B) Services necessary to train the recipi- retary of a military department to provide thorize appropriations for fiscal year ent of the device in the use of the device.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 October 1, 2001 CONGRESSIONAL RECORD—SENATE 18213 ‘‘(C) Repair of the device for normal wear study, including the conclusions and any rec- At the end of title VI, add the following: and tear or damage. ommendations for legislation that the Sec- Subtitle F—National Emergency Family ‘‘(D) Replacement of the device if the de- retary considers appropriate. Support vice is lost or irreparably damaged or the SEC. 710. EFFECTIVE DATE. cost of repair would exceed 60 percent of the SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. cost of replacement. SA 1818. Mr. WARNER proposed an (a) AUTHORITY.—The Secretary of Defense ‘‘(2) An augmentative communication de- amendment to the bill S. 1438, to au- may provide assistance for families of mem- vice may be provided as a voice prosthesis bers of the Armed Forces serving on active under subsection (a)(15). thorize appropriations for fiscal year duty during fiscal year 2002, in order to en- ‘‘(3) A prosthetic device customized for a 2002 for military activities of the De- sure that the children of such families obtain patient may be provided under this section partment of Defense, for military con- needed child care and youth services. only by a prosthetic practitioner who is structions, and for defense activities of (b) APPROPRIATE PRIMARY OBJECTIVE.—The qualified to customize the device, as deter- the Department of Energy, to prescribe assistance authorized by this section should mined under regulations prescribed by the personnel strengths for such fiscal year be directed primarily toward providing need- Secretary of Defense in consultation with for the Armed Forces, and for other ed family support, including child care and the administering Secretaries.’’. purposes; as follows: youth services for children of such personnel SEC. 707. DURABLE MEDICAL EQUIPMENT. who are deployed assigned, or ordered to ac- At the appropriate place, insert: (a) ITEMS AUTHORIZED.—Section 1077 of tive duty in connection with operations of title 10, United States Code, as amended by SEC. . HOSTILE FIRE OR IMMINENT DANGER the Armed Forces under the national emer- PAY. section 706, is further amended— gency. (a) IN GENERAL.—Chapter 59, subchapter IV (1) in subsection (a)(12), by striking ‘‘such of title 5, United States Code, is amended by SEC. 682. FAMILY EDUCATION AND SUPPORT as wheelchairs, iron lungs, and hospital adding at the end the following new section: SERVICES. beds,’’ and inserting ‘‘which’’; and During fiscal year 2002, the Secretary of (2) by adding at the end the following new § 5949 Hostile fire or imminent danger pay Defense is authorized to provide family edu- subsection: ‘‘(a) The head of an Executive agency may cation and support services to families of ‘‘(g)(1) Items that may be provided to a pa- pay an employee special pay at the rate of members of the Armed Services to the same tient under subsection (a)(12) include the fol- $150 for any month in which the employee, extent that these services were provided dur- lowing: while on duty in the United States— ing the Persian Gulf war. ‘‘(A) Any durable medical equipment that ‘‘(1) was subject to hostile fire or explosion can improve, restore, or maintain the func- of hostile mines; tion of a malformed, diseased, or injured ‘‘(2) was in an area of the Pentagon in SA 1820. Mr. WARNER (for Ms. COL- body part, or can otherwise minimize or pre- which the employee was in imminent danger LINS) proposed an amendment to the vent the deterioration of the patient’s func- of being exposed to hostile fire or explosion bill S. 1438, to authorize appropriations tion or condition. of hostile mines and in which, during the pe- for fiscal year 2002 for military activi- riod on duty in that area, other employees ‘‘(B) Any durable medical equipment that ties of the Department of Defense, for can maximize the patient’s function con- were subject to hostile fire or explosion of hostile mines; military constructions, and for defense sistent with the patient’s physiological or activities of the Department of Energy, medical needs. ‘‘(3) was killed, injured, or wounded by hos- ‘‘(C) Wheelchairs. tile fire, explosion of a hostile mine, or any to prescribe personnel strengths for ‘‘(D) Iron lungs, other hostile action; or such fiscal year for the Armed Forces, ‘‘(E) Hospital beds. ‘‘(4) was in an area of the Pentagon in and for other purposes; as follows: ‘‘(2) In addition to the authority to provide which the employee was subject to the threat of physical harm or imminent danger On page 363, after line 25, add the fol- durable medical equipment under subsection lowing: (a)(12), any customization of equipment on the basis of civil insurrection, civil war, owned by the patient that is durable medical terrorism, or wartime conditions. SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS ‘‘(b) An employee covered by subsection DURING PERIODS OF NATIONAL equipment authorized to be provided to the (a)(3) who is hospitalized for the treatment EMERGENCY. patient under this section or section of his injury or wound may be paid special Section 127 of title 23, United States Code, 1079(a)(5) of this title, and any accessory or pay under this section for not more than is amended by adding at the end the fol- item of supply for any such equipment, may three additional months during which the lowing: be provided to the patient if the employee is so hospitalized. customization, accessory, or item of supply ‘‘(h) WAIVER FOR A ROUTE IN STATE OF ‘‘(c) For the purpose of this section, is essential for— MAINE DURING PERIODS OF NATIONAL EMER- ‘‘United States’’ means the several States, ‘‘(A) achieving therapeutic benefit for the GENCY.— the District of Columbia, the Commonwealth patient; ‘‘(1) IN GENERAL.—Notwithstanding any of Puerto Rico, the Commonwealth of the ‘‘(B) making the equipment serviceable; or other provision of this section, the Sec- Northern Mariana Islands, and the terri- ‘‘(C) otherwise assuring the proper func- retary, in consultation with the Secretary of tories and possessions of the United States. tioning of the equipment.’’. Defense, may waive or limit the application ‘‘(d) An employee may be paid special pay of any vehicle weight limit established under (b) PROVISION OF ITEMS ON RENTAL BASIS.— under this section in addition to other pay Paragraph (5) of section 1079(a) of such title this section with respect to the portion of and allowances to which entitled. Payments Interstate Route 95 in the State of Maine be- is amended to read as follows: under this section may not be considered to ‘‘(5) Durable equipment provided under this tween Augusta and Bangor for the purpose of be part of basic pay of an employee.’’. making bulk shipments of jet fuel to the Air section may be provided on a rental basis.’’. (b) TECHNICAL AMENDMENT.—The table of SEC. 708. REHABILITATIVE THERAPY. National Guard Base at Bangor Inter- sections at the beginning of chapter 59 of national Airport during a period of national Section 1077(a) of title 10, United States such title is amended by inserting at the end Code, as amended by section 706(1), is further emergency in order to respond to the effects the following new item: of the national emergency. amended by inserting after paragraph (16) ‘‘Sec. 5949 Hostile fire or imminent danger ‘‘(2) APPLICABILITY.—Emergency limits es- the following new paragraph: pay.’’. tablished under paragraph (1) shall preempt ‘‘(17) Any rehabilitative therapy to im- (c) EFFECTIVE DATE.—This provision is ef- prove, restore, or maintain function, or to fective as if enacted into law on September any inconsistent State vehicle weight lim- minimize or prevent deterioration of func- 11, 2001, and may be applied to any hostile its.’’. tion, of a patient when prescribed by a physi- action that took place on that date or there- cian.’’. after. f SEC. 709. MENTAL HEALTH BENEFITS. Mr. LEVIN (for Mr. KEN- (a) REQUIREMENT FOR STUDY.—The Sec- SA 1819. PRIVILEGES OF THE FLOOR retary of Defense shall carry out a study to NEDY) proposed an amendment to the determine the adequacy of the scope and bill S. 1438, to authorize appropriations Mr. WELLSTONE. Mr. President, I availability of outpatient mental health ben- for fiscal year 2002 for military activi- ask unanimous consent that Ellen efits provided for members of the Armed ties of the Department of Defense, for Gerrity and Cindy Connolly, two fel- Forces and covered beneficiaries under the military constructions and for defense lows in my office, be allowed to be on TRICARE program. the floor during the consideration of S. (b) REPORT.—Not later than March 31, 2002, activities of the Department of Energy, the Secretary shall submit to the Commit- to prescribe personnel strengths for 1438. tees on Armed Services of the Senate and the such fiscal year for the Armed Forces, The PRESIDING OFFICER. Without House of Representatives a report on the and for other purposes; as follows: objection, it is so ordered.

VerDate jul 14 2003 19:21 Apr 25, 2005 Jkt 089102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR01\S01OC1.003 S01OC1 18214 CONGRESSIONAL RECORD—SENATE October 1, 2001 NATIONAL ALCOHOL AND DRUG ment, laud the contributions of treatment ORDERS FOR TUESDAY, OCTOBER ADDICTION RECOVERY MONTH providers, and promote the message that re- 2, 2001 covery from substance abuse in all its forms On September 26, 2001, the Senate is possible; Mr. LEVIN. Madam President, I ask amended and passed S. Res. 147, as fol- Whereas the 2001 national campaign em- unanimous consent that when the Sen- lows: braces the theme of ‘‘We Recover Together: ate completes its business today, it ad- S. RES. 147 Family, Friends and Community’’, and high- journ until the hour of 9:30 a.m. Tues- Whereas alcohol and drug addiction is a lights the societal benefits, importance, and day, October 2; further, that on Tues- devastating disease that can destroy lives, effectiveness of drug and treatment as a pub- day, immediately following the prayer families, and communities; lic health service in our country; and and pledge, the Journal of proceedings Whereas according to a 1992 National Insti- Whereas the countless numbers of those who have successfully recovered from addic- be approved to date, the morning hour tute on Drug Abuse study, the direct and in- be deemed expired, the time for the two direct costs in the United States for alcohol tion are living proof that people of all races, and drug addiction was $246,000,000,000, in genders, and ages recover every day from the leaders be reserved for their use later that year; disease of alcohol and drug addiction, and in the day, and the Senate resume con- Whereas scientific evidence demonstrates make positive contributions to their fami- sideration of the Department of De- the crucial role that treatment plays in re- lies, workplaces, communities, States, and fense authorization bill with 30 min- storing those suffering from alcohol and drug the Nation: Now, therefore, be it utes of debate equally divided between addiction to more productive lives; Resolved, That the Senate— the chairman and ranking member of Whereas in 1999, research at the National (1) designates the month of September of 2001 as ‘‘National Alcohol and Drug Addic- the Armed Services Committee, or Institute on Drug Abuse at the National In- their designees, prior to 10 a.m., where- stitutes of Health showed that about tion Recovery Month’’; and 14,800,000 Americans were users of illicit (2) requests that the President issue a upon a rollcall vote on cloture on the drugs, and about 3,500,000 were dependent on proclamation urging the people of the United bill will occur; further, that the Senate illicit drugs; an additional 8,200,000 were de- States to carry out appropriate programs recess from 12:30 to 2:15 p.m. for the pendent on alcohol; and activities to demonstrate support for weekly party conferences. Whereas the 1999 National Household Sur- those individuals recovering from alcohol The PRESIDING OFFICER. Without vey of Drug Abuse, a project of the Sub- and drug addition. objection, it is so ordered. stance Abuse and Mental Health Services f Administration, showed that drug use varies f substantially among States, ranging from a low of 4.7 percent to a high of 10.7 percent for EXECUTIVE SESSION PROGRAM the overall population, and from 8.0 percent Mr. LEVIN. The Senate will convene to 18.3 percent for youths age 12–17; on Tuesday at 9:30 a.m. with 30 minutes Whereas the Office of National Drug Con- EXECUTIVE CALENDAR trol Policy’s 2001 National Drug Control of closing debate prior to the 10 a.m. Strategy includes the reduction of the treat- Mr. LEVIN. Madam President, I ask rollcall vote on cloture on the DOD au- ment gap for individuals who are addicted to unanimous consent that the Senate thorization bill. All second-degree drugs as one of the top 3 goals for reducing proceed to executive session to con- amendments to the DOD bill must be the health and social costs to the public; sider calendar No. 413, the nomination filed prior to 9:45 a.m. on Tuesday. The Whereas the lives of children, families, and of Marianne Lamont Horinko to be As- Senate will recess from 12:30 to 2:15 communities are severely affected by alcohol sistant Administrator at the EPA; that p.m. for the weekly party conferences. and drug addiction, through the effects of the nomination be confirmed, the mo- the disease, and through the neglect, broken f relationships, and violence that are so often tion to reconsider be laid upon the a part of the disease of addiction; table, any statements relating to the ADJOURNMENT UNTIL 9:30 A.M. Whereas a National Institute on Drug nomination be printed in the RECORD, TOMORROW Abuse 4-city study of 1,200 adolescents found the President of the United States be Mr. LEVIN. If there is no further that community-based treatment programs immediately notified of the Senate’s business to come before the Senate, I can reduce drug and alcohol use, improve action, and the Senate return to legis- school performance, and lower involvement ask unanimous consent that the Sen- lative session. ate stand in adjournment under the with the criminal justice system; The PRESIDING OFFICER. Without Whereas a number of organizations and in- previous order. dividuals dedicated to fighting addiction and objection, it is so ordered. There being no objection, the Senate, promoting treatment and recovery will rec- The nomination was considered and at 7:40 p.m., adjourned until Tuesday, ognize the month of September of 2001 as Na- confirmed, as follows: October 2, 2001, at 9:30 a.m. tional Alcohol and Drug Addiction Recovery ENVIRONMENTAL PROTECTION AGENCY f Month; Marianne Lamont Horinko, of Virginia, to Whereas the Substance Abuse and Mental be Assistant Administrator, Office of Solid CONFIRMATION Health Services Administration’s Center for Waste, Environmental Protection Agency. Substance Abuse Treatment, in conjunction Executive nomination confirmed by with its national planning partner organiza- f the Senate October 1, 2001: tions and treatment providers, have taken a MARIANNE LAMONT HORINKO, OF VIRGINIA, TO BE AS- Federal leadership role in promoting Recov- LEGISLATIVE SESSION SISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE, EN- ery Month 2001; VIRONMENTAL PROTECTION AGENCY. Whereas National Alcohol and Drug Addic- The PRESIDING OFFICER. Under THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- tion Recovery Month aims to promote the the previous order, the Senate will now QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY societal benefits of substance abuse treat- return to legislative session. CONSTITUTED COMMITTEE OF THE SENATE.

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SENATE COMMITTEE MEETINGS forcement; and the nomination of Har- Armed Services Title IV of Senate Resolution 4, old Craig Manson, of California, to be To hold hearings to examine the Depart- ment of Defense’s Quadrennial Defense agreed to by the Senate on February 4, Assistant Secretary for Fish and Wild- life, both of the Department of the In- Review. 1977, calls for establishment of a sys- terior. SH–216 tem for a computerized schedule of all SD–366 10 a.m. meetings and hearings of Senate com- 10 a.m. Health, Education, Labor, and Pensions mittees, subcommittees, joint commit- Judiciary To hold hearings to examine current job tees, and committees of conference. Constitution, Federalism, and Property training issues relative to a fragile This title requires all such committees Rights Subcommittee economy. to notify the Office of the Senate Daily To hold hearings to examine how to pro- SD–430 Judiciary Digest—designated by the Rules com- tect Constitutional freedoms in the Business meeting to markup pending cal- face of terrorism. mittee—of the time, place, and purpose endar business. of the meetings, when scheduled, and SD–226 SD–226 any cancellations or changes in the Commission on Security and Cooperation Finance meetings as they occur. in Europe To hold hearings on the nomination of Jo As an additional procedure along To hold hearings to examine United Anne Barnhart, of Delaware, to be with the computerization of this infor- States policy toward the Organization Commissioner of Social Security. mation, the Office of the Senate Daily for Security and Cooperation in Europe SD–215 (OSCE), the institution which evolved Digest will prepare this information for Banking, Housing, and Urban Affairs from the Helsinki process. Business meeting to markup the pro- printing in the Extensions of Remarks SR–485 posed International Money Laundering section of the CONGRESSIONAL RECORD 10:30 a.m. Abatement and Anti-Terrorist Financ- on Monday and Wednesday of each Appropriations ing Act of 2001. week. Labor, Health and Human Services, and SD–538 Meetings scheduled for Tuesday, Oc- Education Subcommittee 2 p.m. tober 2, 2001 may be found in the Daily To hold hearings to examine bioter- Judiciary Digest of today’s RECORD. rorism issues. To hold hearings on pending nomina- tions. MEETINGS SCHEDULED SH–216 11 a.m. SD–226 Finance 2:30 p.m. OCTOBER 3 Banking, Housing, and Urban Affairs To hold hearings to examine the need for Housing and Transportation Subcommittee 9:30 a.m. an economic stimulus package and its Appropriations To hold hearings to examine current potential components. transit safety issues. Treasury and General Government Sub- SD–215 committee SD–538 To hold hearings to examine northern OCTOBER 4 border security status. OCTOBER 5 SD–124 9:30 a.m. 9:30 a.m. Energy and Natural Resources Governmental Affairs Health, Education, Labor, and Pensions To hold hearings to examine the nomina- To resume hearings to examine the secu- To hold hearings to examine the eco- tion of Jeffrey D. Jarrett, of Pennsyl- rity of critical governmental infra- nomic security of working Americans vania, to be Director of the Office of structure. and those out of work. Surface Mining Reclamation and En- SD–342 SD–430

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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