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

Vol. 147 WASHINGTON, MONDAY, OCTOBER 1, 2001 No. 129 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, October 2, 2001, at 12:30 p.m. Senate MONDAY, OCTOBER 1, 2001

The Senate met at 12 noon and was PLEDGE OF ALLEGIANCE Tuesday. I would advise Members and called to order by the President pro The PRESIDENT pro tempore led the staff if they have filed their amend- tempore [Mr. BYRD]. Pledge of Allegiance, as follows: ments already, there is no need to refile them. I pledge allegiance to the Flag of the PRAYER United States of America, and to the Repub- There will be no rollcall votes today. lic for which it stands, one nation under God, The next rollcall vote will occur at 10 The Chaplain, Dr. Lloyd John indivisible, with liberty and justice for all. a.m. on Tuesday, on cloture on the Ogilvie, offered the following prayer: f DOD authorization bill. Generous, gracious God, as we begin There is lots of work to do. The ma- this work week, the Psalmist’s words RESERVATION OF LEADER TIME jority leader has asked me to announce give wings to our gratitude: ‘‘Blessed The PRESIDENT pro tempore. Under that we have the DOD bill we need to be the Lord, who daily loads us with the previous order, the leadership time finish. We are close to having some benefits, the God of our salvation.’’ is reserved. final numbers on the appropriations You lift the load of our concerns and f bills so we can do those conferences load us with Your benefits. You care that are so badly needed and complete about what concerns us. The benefits MORNING BUSINESS the other appropriations bills. We have You provide are for the work You The PRESIDENT pro tempore. Under the airport safety matter we must guide. You never give us more to do the previous order, there will now be a work on as quickly as possible. There than You will help us accomplish. You period for the transaction of morning is work we have to do on helping those are for us and not against us. In re- business not to extend beyond the hour employees who have been displaced as sponse, we open our minds to think of 2 p.m., with Senators permitted to a result of the incident on September Your thoughts, our emotions to express speak therein for up to 10 minutes 11. Your empathy, our wills to do Your each. We have an antiterrorism bill the Ju- will, and our bodies to be rejuvenated f diciary Committee has been working by Your energizing Spirit. on all weekend. Senators HATCH and Bless the Senators with a positive at- RECOGNITION OF THE ACTING LEAHY have literally been working on titude to the challenges of this day and MAJORITY LEADER that all weekend. They hope to have the week ahead. You love this Nation The PRESIDENT pro tempore. The something for us in the next few days, and want to provide these leaders with Senator from Nevada, Mr. REID. perhaps as early as tomorrow. exactly what they will need to lead f So there are lots of things to do. We with excellence. Guide them as they are going to need the cooperation of all discern what is Your best for our Na- SCHEDULE Senators to get them done as quickly tion and courageously vote their con- Mr. REID. As the Chair has an- as possible. The continuing resolution victions. Enable communication be- nounced, the morning business hour will go for the next 2 weeks. We very tween the parties so that this will be a will continue until 2 p.m. today. At 2 much hope by that time we will have week of progress. Thank You in ad- p.m., the Senate will resume consider- been able to complete the normal ap- vance for the benefits of Your love, ation of the Defense authorization bill. propriations process or at least work strength, discernment, and wisdom Mr. President, cloture was filed on our way toward that end. You will pour into the minds and the DOD bill last week. All first-degree Mr. President, I suggest the absence hearts of the Senators. We press on amendments must be filed before 1 p.m. of a quorum. with expectancy. You are our Lord and today and all second-degree amend- The PRESIDENT pro tempore. The Saviour. Amen. ments must be filed before 9:45 a.m. clerk will call the roll.

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

S9941

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VerDate 11-MAY-2000 00:12 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.000 pfrm02 PsN: S01PT1 S9942 CONGRESSIONAL RECORD — SENATE October 1, 2001 The assistant legislative clerk pro- ority, but we have to come to a deci- House. Mr. THOMAS, the Senator from ceeded to call the roll. sion as to what has to be done imme- Wyoming, mentioned some of the eco- Mr. THOMAS. Mr. President, I ask diately. I wish we could do that. Clear- nomic stimulus package. In my view, unanimous consent that the order for ly, our priorities will rest with the an education opportunity tax credit the quorum call be rescinded. emergency demands brought about by should be included in any economic The PRESIDENT pro tempore. With- the war on terrorism, coupled with the stimulus package put together in the out objection, it is so ordered. emergency demands we now have with coming weeks. The Senator from Wyoming is recog- the economy. We have special activi- We know our economy is in serious nized for not to exceed 10 minutes. ties dealing both with defense and the trouble. The economy grew just 0.2 of 1 f economy; we have our regular oper- percent in the second quarter of this ational items we must do, such as 13 year, compared to 4.1-percent average PRIORITIZING THE SENATE’S growth in the year 2000. The most im- WORK different appropriations, none of which, yet, has cleared and gone to the Presi- portant thing we can do at this point is Mr. THOMAS. Mr. President, I want dent. This is what goes into the regular increase consumer spending, especially to talk a little bit about the future as operation of government. It seems to on durable goods. Orders for durable I hope it might happen in the Senate. me it makes good sense to keep those goods dropped in August, as reported Obviously, we have a great many separate. We should separate the issues by the Commerce Department, all of things to do, many of which are time in the emergency category from the which was due to the technology and imperative, that we need to do them normal operational issues we face. transportation sectors. We have ad- immediately, and I am for that. It would be a mistake to expand what dressed the transportation industry I am very proud of what I have seen will be long-term operational functions partially, with the airline industry sta- here and what I have seen at home in this emergency way and run the risk bilization bill, but the technology sec- with respect to our national reaction of having those be there when the tor still remains unaddressed. to this terrorism assault and the dis- emergency is over. We ought to deal Consumer confidence is dropping like aster with which we are faced. I believe with those differently. Certainly many a stone. The University of Michigan the President and his team are doing of the things we need to do now will Consumer Sentiment Index released what needs to be done, are doing the not be in place in the future. last week, September 28, indicated that necessary research and intelligence I believe we should agree on a list of consumer confidence dropped 21 per- gathering that is necessary. This is the priorities, must-do items we need to do cent. Although the correlation between most unusual kind of an emergency in for defense and terrorism. We should consumer confidence and spending is which everyone is ready to do some- agree on a list of priorities. The admin- not strong in the short term, it is thing but you have to first discover istration has things we ought to do ad- strong in the mid-to-long term. The No. 1 reason for this precipitous drop in what it is that is proper to do. I think ministratively. We should agree with consumer confidence is because of that is being done: Positioning the them to do them. We should make a where consumers thought they would military, to the extent that that will priority list of things to do to stimu- be in their own lives 6 months out. One be necessary—again, a different kind of late the economy, whether tax relief, financial market analyst was recently war but one in which the military obvi- withholding tax changes, whatever. quoted in the Washington Post as say- ously will be a very prime portion of it; There are a number of things out there. ing that the size of this decline in con- moving to establish domestic defense, We met last week with Chairman sumer confidence will translate into working with our States—I was just Greenspan, Bob Rubin, and others. We reduced spending in the next 6 months. this week with our National Guard in will continue to do that. In fact, to- Wyoming, and the Governor was set- That confidence decline is not over. morrow we will meet with Secretary Consumers, clearly, are on a very cau- ting about to have that be part of the O’Neill. I hope we can do this and come security for airports—and the things tious mindset. That is why we must up with a list and commit ourselves to take measures to improve consumer that need to be done will be given, I it, leaving us free to do the things we hope, an agenda for strengthening our confidence and spending again. have to do that are now before the Con- There is a debate currently underway domestic defense regarding intel- gress. in our country over which types of tax ligence. We have a great deal to do. It is not cuts are the answer to providing imme- I am pleased the President is asking easy to set priorities, but that is part diate economic growth. In my judg- Members to seek to continue to do the of our responsibility. If we can do that, ment, we must focus on individual tax emergency things that must be done, I would like the leadership to set up a cuts that will immediately lift con- while, at the same time, returning to committee to come up with the lists sumer confidence and result in greater our daily business and routine. We can and present them to the remainder of consumer spending—the idea that we do both, urging everyone to have the the Congress. That will move the Con- need to increase corporate savings and patience we must have to retain our gress forward to do the things we must investment necessities, that those commitment and determination to do in a divided fashion—what we must companies have revenues in the first move forward with things we must do. do as a priority against the operational place, revenues that come from con- I am proud of what I see at home. agenda. sumer spending. People have the same conviction that I yield the floor. Instead, what is needed, as the Wall we must do these things and are com- The PRESIDENT pro tempore. The Street Journal editorialized today, is mitted to doing whatever it takes, sup- Senator from Virginia, Mr. ALLEN, is ‘‘temporary, not permanent tax porting our country and supporting our recognized. breaks—and preferably for consumers, President. Mr. ALLEN. I ask unanimous consent not business.’’ It is a shame to have to go through I be allowed to speak in morning busi- The Wall Street Journal article was this terrible time but I am very proud ness for up to 15 minutes. very clear as to the ineffectiveness of with the Nation coming together, The PRESIDENT pro tempore. With- corporate tax cuts in order to spur the proud of what I see as a show of patri- out objection, it is so ordered. economy, citing Gregory Mankiw, an otism and support for America. f economist at Harvard, who favors per- I am also very pleased with the per- manently abolishing the corporate in- IMMEDIATE ECONOMIC STIMULUS formance of this Congress. There has come tax, but states that doing so now THROUGH THE EDUCATION OP- been an unusual and remarkable show would not result in immediate invest- PORTUNITY TAX CREDIT of nonpartisanship to do the things ment. He is quoted as saying: that, indeed, must be done. We have Mr. ALLEN. Mr. President, I rise to The problem now is there’s a lot of uncer- come together. We have much yet to share with my colleagues my concern tainty, which is inducing people to wait, do. I believe it would be good if we about our economy, the loss of jobs, which depresses aggregate demand, which in prioritized the activities to complete and the economic stimulus package turn exacerbates the economic slowdown. through the year. Among the 435 Mem- being considered by Members of the The Wall Street Journal further bers, there are different ideas of pri- House, the Senate, and the White opines that:

VerDate 11-MAY-2000 01:43 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.003 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9943 . . . stimulating spending and making attention of my colleagues back to a with appreciation of what is really members feel secure would be more effective bill I introduced in March of this year, going on in the technology sector can than reducing corporate tax rates as a way the Educational Opportunity Tax Cred- improve consumer confidence, accel- to boost economic growth. it of 2001. This proposal will provide a erate consumer spending, and provide In fact, we all know our economy, $1,000-per-child computer purchase tax the technology sector the revenues this free market, is all about the con- credit which families can also use, not they need to reinvest and return our sumer. If consumers do not buy, com- just to buy computers but printers, economy to strong growth and also panies will not have revenue. If compa- monitors, educational software, or provide more good paying jobs for the nies do not have revenue, they will not Internet access. However, this tax cred- people of America. be able to invest, nor will companies it would not apply to tuition at a pri- Mr. President, I yield the remainder need employees to be in those jobs to vate school. This would provide the of my time, and I suggest the absence produce. If they do not invest, if they exact type of boost both consumer of a quorum. are not creating jobs, our economy will spending on durable goods and the The PRESIDING OFFICER (Mr. not grow out of this economic sluggish- technology sector need. Maybe we JOHNSON). The clerk will call the roll. ness. could limit this tax credit to 1 or 2 The assistant legislative clerk pro- The technology sector, which was years. Even with that limitation I ceeded to call the roll. Mr. FRIST. Mr. President, I ask once the leading force behind economic would estimate it would provide up- unanimous consent that the order for growth and productivity, is now the wards of $20 billion in new consumer most significant detractor, getting hit the quorum call be rescinded. spending. The PRESIDING OFFICER (Mr. the hardest by the contractions in Think of parents who have a child in BINGAMAN). Without objection, it is so spending and investment. There has school. If they could buy their son or been a 19-percent drop in technology ordered. daughter a computer or some periph- Mr. FRIST. Mr. President, I under- spending, including a 45-percent drop in erals, a printer, they would say: Gosh, personal computer orders and a 14.5- stand we are in morning business. if I do it this year or next year, I will The PRESIDING OFFICER. We are in percent drop in software and equip- get a tax break for it. That will induce morning business. ment spending. that spending. f Other sources of capital and growth It clearly would induce computer and have dried up as well. Banks continue technology spending, especially if it is THREAT OF GERM WARFARE AND to limit their exposure to the high- available for 2 years, thus propelling BIOTERRORISM technology sector and tighten lending the technology sector while also im- Mr. FRIST. Mr. President, I rise to standards, cutting off resources at a proving educational opportunities for discuss an issue based on my observa- time when money is already scarce. students. The fact is, experience shows tions over the past week, an issue Venture capital has all but disappeared that even a small, temporary reduction clearly on the minds of many people, from this sector. First-round venture in taxes can bring about huge increases and that is the potential threat of capital funding has already fallen $1.84 in computer sales. germ warfare and bioterrorism. Over billion, down 87 percent from the pre- In South Carolina, they had a sales the weekend, there was a lot of discus- vious year during the second quarter of tax holiday on computers for just 3 sion through the various media outlets 2001. days. CPU sales increased more than about our broad vulnerability to ter- This has all led to widespread layoffs tenfold; 1,060 percent in those 3 days. rorism in the United States of Amer- within the tech sector over this past In the Commonwealth of Pennsyl- ica, in part based on intelligence and in year. Job cuts in the high-tech indus- vania they eliminated the sales tax on part based on the events of September tries of telecommunications, com- computers for 1 week. CPU sales in- 11. puters and electronics—those job cuts creased sixfold; 615 percent in that Over the last week, many people have are up 13 times over what they were time. rushed to obtain antibiotics and gas last year. My Educational Opportunity Tax masks to prepare for the threat of bio- Through the end of August, high tech Credit would not just impact computer terrorism or germ warfare—the threat accounted for nearly 40 percent of the sales but also software makers, Inter- that is posed by germs, bacteria—if vi- 1.1 million job cuts so far in 2001. net access providers, printer, monitor ruses fall into the wrong hands. Many Just to put that in perspective, that and scanner manufacturers as well. people are concerned that given the is 4 times more, 4 times greater than In South Carolina they realized a 664- powerful destructive ability of some of the entire post-attack airline industry percent and 700-percent increase in these viruses, they could used in a way layoffs—over 400,000 jobs lost in the monitor and printer sales, respectively, that threatens not only all Americans, tech sector versus, obviously, a great with only a 5-percent tax break. We but all of civilization. concern over 100,000 jobs lost in the air- know that consumer spending accounts A lot of people called me over the line industry sector. The total tech job for two-thirds of all economic activity, weekend, recognizing my interest in sector cuts in August alone exceeded which is largely flat and has been flat this topic and recognizing I had par- all of the cuts for the year 2000. this summer and weakening in the last ticipated in passing a bill called the This technology sluggishness is report in our economy. Public Health Threats and Emergency clearly harmful for our future. Techno- The Education Opportunity Tax Act which was passed in the year 2000. logical advancements are how America Credit represents the right solution for People have asked if the threat of and our economy will compete and suc- our economy. No. 1, it increases con- bioterrorism is real? The answer is yes, ceed internationally, and technological sumer spending on computers and re- it is real. In fact, we have already seen sector growth and rapid advances in lated technology. No. 2, it injects $20 the destructive use of bacteria by peo- productivity have been the base of our billion into the weakest and one of the ple in this country. In 1984, there was economic growth in the past and will very important links in our economy. an outbreak in Oregon of salmonella be a vital key to our competitiveness No. 3, it provides previously out-of- poisoning from which over 700 people in the future. As we look at technology reach education and technology oppor- suffered some illness. This outbreak in the future, whether it is computers, tunities for families. was caused by members of a religious whether it is clean coal technology, As I said before, I am willing to work cult placing living bacteria in the salad whether it is fuel cell technology, these with my colleagues in addressing the bars of 10 different sites across the are important for future competitive- best way to implement this proposal. State. ness, our quality of life, and good jobs We can shorten the applicable time- The ‘‘bio’’ part of biogerm warfare or in the future. frame from the original bill. We can biochemical warfare is the living orga- The lifeline to our economy, con- look at a different credit level to make nism, and that is what was inserted in sumer spending, has been seriously sure we get the maximum economic the salad bars that caused the illness of dampened by the terrorist attacks impact for minimum fiscal impact to about 700 people. We know germ war- which occurred on September 11, 2001. the Treasury. But I am convinced that fare has been used, so the threat is That is why I would like to bring the combining consumer-oriented tax cuts real.

VerDate 11-MAY-2000 00:12 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.005 pfrm02 PsN: S01PT1 S9944 CONGRESSIONAL RECORD — SENATE October 1, 2001 But before people attempt to respond gressed rapidly over the last 10 to 15 organized. We have 12-hour push prod- to this threat by rushing out and buy- years. What we thought could not be ucts that allow us to very quickly ing items, we need to put the threat of done 10 or 15 years ago can be done could get antibiotics and vaccine, al- bioterrorism in perspective. The over- today because of advances in tech- though not enough vaccine. We have a all probability of a bioterrorist attack nology. delivery system that could be mobi- is low. I do not know exactly what that Another example is airplanes spray- lized very quickly. All of this is good. number is. In fact, we cannot put a spe- ing chemicals. They say: Oh, those crop We also know that at the Federal cific number on it, but the overall dusters cannot do it, but there are level we are not nearly as coordinated probability of a terrorist attack using some dry chemical crop dusters that as we should be. Treasury, Defense, En- biology, bacteria, living organisms—is might be able to spray agents. ergy, and Health and Human Services low. However, it is increasing. It is now I have mentioned these examples be- are all doing something, but according our number one or number two threat, cause science has changed and what we to the GAO report that came out last and, at least to me, it is clear that we could not do years ago can be done week, we need better organization and are highly vulnerable in the event such today. better coordination to eliminate the an attack takes place. In addition, the scientific expertise duplication and to eliminate the pos- The consequences of such an attack, related to biochemical warfare is there. sible conflicting messages that are sent whether it is with anthrax, smallpox, A lot of people don’t realize that dur- from the Federal level. So, we can co- tularemia, pneumonic plague, nerve ing the 1980s, well after a general pact ordinate better. agents or blister agents, is huge. Why? in 1972 was agreed upon by really the I am delighted that Governor Ridge Because we are ill equipped. We are un- world, the Soviet Union set out in a has taken on this overall responsibility prepared. However, in saying that, we very determined and aggressive way to because that is the first step toward have to be careful that we do not be- develop biochemical weapons. The better coordination. come alarmists. People will have number one goal of this project was the What really bothers me, when I say nightmares, will not sleep at night, and development of pathogens that could the vulnerability is high in spite of low the response should be the opposite. kill. This was not a little, secret probability, is that our public health We need to recognize there are things project. This project involved as many infrastructure has been woefully and we can do right now, first and fore- as 7,000 scientists whose professional inadequately underfunded over the last most, to develop a comprehensive bio- being, through the 1980s in the Soviet really 15 years to two decades. defense plan capable of preventing a Union, was to develop these pathogens If there were a bioterrorist attack bioterrorist attack. Obviously, preven- and effective mechanisms for their de- using germ warfare, what would hap- tion should be our primary goal from livery. pen? Basically, you have to diagnosis, the outset. We want to keep biological With the fall of the Soviet Union 13 you have to have good medical surveil- weapons out of the hands of people who years ago, those scientists all of a sud- lance, you have to be able to assimilate are intent on destruction. At the same den became unemployed. With no em- a response team, and you have to do in time we can be prepared—if these ployment available in the former So- it a rapid fashion. That is done through germs and agents fall in the hands of a viet Union, those scientists have gone our public health system. The dif- potential terrorist—by preparing an ef- elsewhere in the world. We do not know ference between conventional weap- fective response plan. Third, is the re- where they all are, but we do know onry and bioweaponry is that bioweap- sponse, an area called consequence that they spent their entire profes- onry requires first responders that are management, crisis management after sional life studying how to develop the not just the firemen and the policemen, such an assault takes place. boichemical weapons that threaten us which are so critical and whose cour- Yes, the threat is real, but very low— today. age was so well demonstrated 21⁄2 weeks a tiny probability, but growing. Why I say that because it is not beyond ago, but in addition the first respond- do I say growing? Because on Sep- the realm of possibility that those sci- ers have to be the physicians, nurses, tember 11 we witnessed a calamity the entists can be either hired or bought. and the people who are managing the likes of which have never been seen be- All of this is in the public record, and, public health systems today. fore in the history of the world. It was again, I want to be very careful be- Most physicians have never been unexpected and unfathomable—using cause I do not want to be an alarmist. trained to recognize smallpox or to rec- planes as bombs. We know those events On the other hand, people need to real- ognize the pneumonic plague that af- were carefully planned out over a pe- ize that from the technology and the fects the lungs or to recognize tula- riod of years in a very sophisticated scientific standpoint, the expertise is remia or the various types of food poi- way that was obviously well financed. out there. soning. They have not been trained. Therefore, I will say it is growing be- The third area, and the reason why I When you see 100 cases of flu, you do cause we did not expect it, and because say the risk is rising compared to 10 not even think about pneumonic an- it has occurred several years after years ago, is that the United States thrax. So we need better training. Khobar Towers and after the attack on today has emerged as the sole super- We have underfunded the public the USS Cole. So there is an increasing power of the world. Without the cold health infrastructure. Communities of threat of calamity and destruction. war and the sort of balances and the fewer than 25,000 people are being This threat is rising, secondly, be- trade-offs and the push and the pull, served by public health units of which cause of scientific advances in areas the United States has become the tar- fewer than two-thirds have fax ma- such as aerosolization. People talk get of many people who resent us, who chines or an Internet connection. The about anthrax and how you cannot do not like us, who are jealous of us, ability to communicate between public really aerosolize it—that is, breaking and a lot of that fervor today will hit health units once something is sus- it down into defined particles so it can the surface, or was hitting the surface pected or identified between the public be inhaled into the lungs—because 10 more than 10 or 15 years ago in the health entities is absolutely critical. years ago we tried to do it and could middle of the cold war. This communication infrastructure, at not do it. However, over the last 10 So, the threat is real: low probability least from my standpoint, as a physi- years there have been huge advances in but rising. cian, as someone who has dealt in this technology. Today we use Let me just close on an issue that has treating the immuno-compromised nebulizers in hospitals to aerosolize to be addressed, and that is this whole host through the field of transplan- particles to get medication deep into field of vulnerability. Why are we so tation for 20 years before coming to the the lungs. We did not have that tech- vulnerable today? We have heard re- Senate, is totally inadequate today. nology 10 to 15 years ago, but the tech- cently that the Federal Government There are four other things that we nology has been developed. has worked aggressively and compared can do. The bill that we passed in this Take perfume, for example. When one to 4 years ago, there has been enor- body last year, the Public Health goes through a department store, one mous improvement at the Federal Threats and Emergency Act, is a good can smell the perfume around. The level. We are investing money that was first step. It addressed this prevention, technology of aerosolization has pro- not being invested 4 years ago. We are it addressed this preparedness, and it

VerDate 11-MAY-2000 01:43 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.009 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9945 addressed this third category of con- That morning, I was on my way to an try to shut off a filibuster, in effect, on sequence management. event in Hettinger, ND. There were a Defense authorization bill at this Unless we support our public health perhaps 80 to 100 people who came to time and in this place in this country. infrastructure, we cannot minimize the this event in Hettinger, and the master We ought to move as one with a new vulnerability that is out there today of ceremonies asked that they open the dedication of spirit and new determina- by training those first responders, by events with the Pledge of Allegiance. tion to pass legislation as important as making sure that coordination at the Following the Pledge of Allegiance, it this, without hanging it up with extra- local level among various entities is in- occurred to me that it was the first neous amendments. tact. This coordination is not there time I had heard the Pledge of Alle- Let me talk for a moment about en- today because we have underinvested. giance by a group of people in which it ergy. The energy amendment some of Finally we must make sure that there was something much more than recit- my colleagues wish to offer to this De- is coordination at the State level and ing a pledge from memory. It was much fense authorization bill is not germane then at the Federal level and then more about a pledge than it was about to this bill. It has nothing to do with across the Federal level, and that there memory. this bill. This bill is about the Defense is appropriate coordination without du- All across this country, there is a Department and programs in the De- plication. sense of patriotism, a love of country, fense Department. Is energy impor- I will simply close by saying that that has sprung from these tragedies of tant? Absolutely. Energy is an impor- now is not the time for individuals to September 11, and that spirit invades tant subject. There is a way to deal go out and hoard antibiotics or to buy in a good way the work of the Senate with energy policy in this country. All gas masks. Now is the time for us to and the House as well. We have had Members know we need to produce come together and develop a com- more cooperation on a range of con- more: produce more oil and natural prehensive biodefense plan that looks troversial issues in the last couple of gas. We will do that. We all understand first at prevention to make sure we weeks than I have seen in years in the part of a comprehensive national en- have the adequate intelligence, the ap- Senate. ergy policy is not only production, but propriate research in terms of viruses, I say that as an introduction. We are it is also conservation. Some have this in terms of vaccines, and in terms of now on a piece of legislation that is view that the only energy strategy methods of early detection; second to very important in a time of national that exists in America is to dig and look at preparedness, to make sure we security interests and in a time in drill. Just dig and drill and you will are stockpiling the appropriate anti- which we have suffered these terrorist solve America’s energy problem. biotics, that we have a sufficient num- attacks. We have the Defense author- We need to produce more. I will sup- ber of vaccines, which we simply do not ization bill before the Senate. It is port additional production. That is have today but we are working very stuck. We cannot seem to move it. part of an energy policy we need. But hard to get; and third that our con- Why would we not be able to move we need conservation, efficiency, and sequence management and crisis man- something as important as a Defense we need to include renewables and lim- agement could handle what is called authorization bill at a time such as itless energy sources. All of those need the surge product, the rush of people to this? Some Members of the Senate are to be part of a balanced energy pro- emergency rooms, in a straightforward insistent on, among other things, hav- gram. way. ing an energy bill as an amendment to If we develop an energy policy and I am very optimistic. We are working this bill, including the energy bill that bring it to the floor of the Senate, very hard over the course of this week was passed by the House of Representa- which we should in my judgment, we on how much money should be put into tives on this Defense authorization can have a discussion about the dif- this effort. We had a good first step bill. ferent views of different Members of last year in the Public Health Threats It is certainly the case we ought to the Senate about how that mix ought and Emergency Act. I am very con- pass an energy bill in this Congress. I to come together in an energy bill. It fident that the American public will be don’t think there is much debate about does not make sense, and in my judg- very well served by this body and by that. The Presiding Officer, the Sen- ment, does not help do what we need to the administration as we look at this ator from New Mexico, is the chairman do in the Senate to hold up a Defense critical area of biodefense. of the Energy Committee on which I authorization bill so one can try to I yield the floor. serve. We have been working for some offer an energy bill passed in the House The PRESIDING OFFICER. The Sen- long while to try to find common of Representatives as an amendment to ator from North Dakota. ground to write a new energy bill for a Defense bill. That is not the right Mr. DORGAN. Mr. President, we are our country. It takes on new urgency thing to do at this point. in morning business, is that correct? to write an energy bill, given what hap- How do we reconcile this? My hope is The PRESIDING OFFICER. We are in pened in this country on September 11, those who are holding up the Defense morning business. given the threat of actions by terror- authorization bill will stop and say: f ists that could thwart the opportunity Let’s work together on a Defense au- to have energy flow to places in this thorization bill that makes sense for DEFENSE AUTHORIZATION country that need it. this country. We can do that. Mr. DORGAN. Mr. President, earlier We need to do something with re- We are going to be sending men and I was visiting with my colleague from spect to not only energy security but women into harm’s way in this coun- the State of Idaho, who spent this energy supply and conservation and try. We probably already have. We cer- weekend in his home State, and I brief- more. How do we do that? We don’t do tainly will in the future. Yet we are ly described to him my travels in that, it seems to me, by simply taking not willing to pass a Defense authoriza- North Dakota. All of us serving in this a bill that was passed by the House of tion bill without offering extraneous Congress, both the House and the Sen- Representatives, and offering that as amendments? That is not fair. It is not ate, discover and understand a dif- an amendment to a Defense bill in the the right thing to do. ferent spirit in this country since the Senate, especially in a circumstance I attended a ceremony in North Da- September 11 tragedies that occurred where offering that as an amendment kota on Friday in which I presented as a result of the acts of terrorists. holds up a bill as vital to this country medals that had been earned by World I was traveling down Interstate 94 in as the Defense authorization bill. I War II veterans that they never re- North Dakota, on kind of a lonely urge my colleagues to allow Members ceived. Two were Bronze Stars for space of that road, without a building to move forward and deal with the members of the 184th Division of the or town in sight. All I saw were prai- amendments on the Defense authoriza- North Dakota National Guard. They ries and fenceposts. In the middle of tion bill. fought 600 days in combat. They actu- that vista was a single American flag, We have filed a cloture motion on the ally saved Guadalcanal. They got a let- hoisted up on a fence cornerpost, gent- Defense authorization bill to be voted ter from the Marine commandant say- ly blowing in the North Dakota morn- on tomorrow, but it is troublesome ing they wanted to make them hon- ing breeze—one single American flag. that we have to file a cloture motion to orary marines. These were very brave,

VerDate 11-MAY-2000 00:12 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.011 pfrm02 PsN: S01PT1 S9946 CONGRESSIONAL RECORD — SENATE October 1, 2001 battle-weary veterans when World War order to provide some lift to the Amer- Senate to shape a direction and estab- II was over. They were much decorated. ican economy? Shall we develop an lish a time certain when the Senate One of the company commanders had economic stimulus package? If so, what can debate a national energy policy. several Silver Stars, several Bronze will that package be? Senator Daschle The Presiding Officer happens to be Stars. These were brave, brave Ameri- and I have written to a dozen or so of chairman of the Energy Committee in cans. the leading economists in this country the Senate. He and I have worked long As I presented the medal to one of last week, and we asked if they would hours already, trying to determine them, he began to cry, thinking back share in a letter an analysis of whether what might go into a national energy about what his contribution was to this they believe we need a stimulus pack- policy bill that could come from his country, what he had done with his age; if not, why not, and if so, what authorizing committee. buddies, thinking back about the num- should that package include. As we know, the House acted before ber of friends he had lost in that Na- I will release to my colleagues today the August recess on a national energy tional Guard unit. a special report that describes the re- policy. At that time, the American As we now send men and women from sponse of the leading economists in the people said we ought to have a national our country into harm’s way, what we country in which they describe how energy policy for the stability and ought to do on defense policy, both they believe we ought to proceed; what strength of our economy, because of with respect to the Defense Authoriza- kind of stimulus package, if they be- the long-term need for energy, and, tion Act and the Defense Appropria- lieve we should have one, would pro- last, because of national security tions Act, is bring these bills to the vide a lift to the American economy; needs. floor of the Senate, work on them in a what kind of an approach we should Since September 11, there has been a spirit of cooperation, and get them use during this period. We have the literally cataclysmic change in the passed. That says, with one voice, to Federal Reserve Board working on thinking of the American people as it those men and women in uniform in monetary policies. They are obviously relates to energy. Issues that once re- this country: We are going to give you furiously trying to cut high interest sided in the 35-percent positive range all the support you need to do what rates. We are working on fiscal policy are now at 65-percent positive, relating you need for this country to protect issues in the Congress. to certain aspects of energy and energy and preserve our liberty and freedom. Specifically, the question with re- development. I say that because in We are asking them to find those ter- spect to fiscal policy is, Will we need a looking at a poll that was taken on De- rorists who committed these acts of stimulus package? And if so, what will cember 15 and 16, the pollster told me— mass murder against American citi- that package be? I will release that re- the poll is still sequestered yet for cer- zens, find those terrorists and punish port this afternoon. It contains a fas- tain purposes—that in his opinion the them, and help prevent these terrorist cinating analysis by the leading econo- events of September 11 changed the attacks from ever occurring again. mists, including Nobel laureates, the mindset of the American public in a That is a dangerous job. leading economic voices in America. greater way than ever in the history of President Bush has come to the Con- We need to get this right, as well. We modern-day polling. gress and said in a call to the American need to work in a spirit of cooperation, No longer is energy an issue of eco- people that he needs America to be uni- between Republicans and Democrats, nomic stability. It is now, by a factor fied. We should speak as one. We should conservatives and liberals, to join of 15 points, an issue of national secu- say to terrorists and those harboring hands and see what we can do to pro- rity. Why? Because the American peo- them around the world: This country vide some lift to this American econ- ple now well understand we are nearly will not allow that to stand. We will omy and give the American people 60-percent dependent upon foreign oil, find you and we will punish you. some confidence that tomorrow is and a dominant amount of that oil At this time and in this place, we going to be better than today; that comes out of the Middle East. In fact, must, in support of the President and they can have confidence in the future. just last week the OPEC ministers de- in support of the men and women who We will have economic growth and op- cided not to turn down their valves to wear America’s uniforms, we must pass portunity in this country’s future. force up the price of crude oil because this Defense authorization bill and stop All of those are issues that have rela- they were afraid they would dump the what happened in the last week and a tionships to each other. But let me just world economy. That was exactly their half, stop the blocking of this bill for come back to the point I was making thinking. I had a phone conversation other issues. originally. We need to do business in with our Secretary of Energy, Spence Then let’s come back and deal with this Senate the right way. The Defense Abraham, who had gone to Vienna to energy. I have great confidence in my authorization bill ought to be passed. talk to the ministers. They had con- colleague from New Mexico, Mr. BINGA- We ought not block that legislation. cluded they would not force the price MAN, who now chairs the Energy Com- Blockage of the Defense authorization up by forcing the volume down. mittee. My colleague waiting to speak, bill has not been good for this country. If we are going to decide we cannot the Senator from Idaho, LARRY CRAIG, Let’s back away, debate the issues that deal with a national energy policy for is on the committee. We have a lot of are relevant to that bill, pass that leg- the next 3 or 4 months when in fact we good people on the Energy Committee islation, and then let’s move on to the have already spent 2 years looking at who can work together for a sensible other critical issues our country faces. policy before the committee—the Pre- energy policy for this country. Then I yield the floor. siding Officer, the chairman, has a bill let’s debate that and have a conference The PRESIDING OFFICER. The Sen- out, the ranking member has a bill out, with the House and proceed. Yes, we ator from Idaho is recognized. and there are other versions. We might have security issues with respect to en- f not be able to do a large bill that is ergy. Let’s proceed on those and do it fully comprehensive. But I believe in in the regular order. We should write THE DEFENSE AUTHORIZATION this time, when America is asking us that bill in the Energy Committee. BILL to unite and stand together and has One final point: We not only have se- Mr. CRAIG. Mr. President, I come to said that energy is now a national se- curity threats with respect to terrorist the floor in morning business to talk curity issue of the utmost importance, acts in this country and all the secu- about National Public Lands Day, but that we in the next 2 weeks on the En- rity issues that related to that, we also before I do that I want to respond to ergy Committee, if we chose to work 4 have some emergency issues dealing my colleague from North Dakota, ever or 5 days a week and have our staffs with this country’s economy. Some of so briefly, to suggest that the Defense working hard, could do just that: that relates to energy, but some of it authorization bill can and should move Produce a comprehensive energy bill, relates to general economic cir- on the floor just as he said. bring it to the floor, vote on it, and cumstances in this country. There are not a lot of amendments begin to work with the House to find The question will be, in my judg- that are holding it up, but there is one out our differences. ment, for the next couple of weeks, important one—that has not yet been If we recess in late October or early Will we need a stimulus package in offered—in an effort to try to cause the November—or adjourn, whatever our

VerDate 11-MAY-2000 00:12 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.013 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9947 leadership decides—an energy bill However, most of these lands are con- that works for everyone and addresses ought to be on the President’s desk centrated in the West, where as much all of their needs in some fashion. waiting for his signature. Any less per- as 82 percent of a state can be com- In order to achieve such success, each formance than that is an inadequate prised of Federal land. In fact, 63 per- group has had to compromise to agree performance on the part of the Con- cent of my own home state of Idaho is on a prescription that works for every- gress. owned by the Federal Government. one. No one gets their way all of the I think we do have that opportunity. This can be beneficial, as our public time. The reason we have a colleague on the lands have a lot to offer. This is just one example of differing floor saying he wants to put one on the For starters, there is a great deal of interests working together to help each Defense authorization bill is to cause resources available on our public other out and improve the opportuni- the leadership of the Senate not to lands—from renewable forests to oppor- ties on our public lands for everyone stonewall the issue but to give us a tunities to raise livestock to oil and and to secure a sound environment. time certain when that issue can come minerals beneath the surface—public We need to see more of this around the country. to the floor. lands hold a great deal of the resources Public land management has become f we all depend on and that allow us to enjoy the abundant lives we live in this embroiled in fights, appeals, and litiga- THE VALUE OF PUBLIC LANDS country. tion. The result is that the only ones Mr. CRAIG. If I could for a few mo- Having resources available on public who are winning are those who want to ensure we don’t use our public lands. ments talk about something that is lands affords us the opportunity for a This must stop. Differing interests near and dear to my heart, that is pub- return on those resources to help fund have to come together and realize that government services, from schools to lic lands. My State of Idaho is 63-per- we all have one common goal—use of roads to national defense, and ease the cent public land. Last Saturday was a the land in a responsible and environ- time for all Americans to recognize the burden on taxpayers. Just as important, though, is the mentally sound manner. value we have in our public lands and a We can not continue to make the recreation opportunities our public time for all of us to give a little some- same mistakes of the past on these lands offer. thing back, by volunteering a Saturday marvelous public lands. Every day, people hike and pack into to lend a helping hand to improve our That being said, I would like each of public lands. Last Saturday was Na- the solitude of wilderness areas, climb my colleagues to think about how pub- tional Public Lands Day. rocks, ski, camp, snowmobile, use off- lic lands benefit their State and how This year, National Public Lands road vehicles, hunt, fish, picnic, boat, they might work to support the new Day focused on ‘‘Keeping the Promise’’ swim, and the list goes on of the abun- generation of Americans who are just by asking Americans to come together dance of recreation on these marvelous beginning to find the wonders of our to improve the nation’s largest re- lands. public lands. source, our public lands, and to honor Because the lands are owned by all of Last Saturday was National Public the work and sacrifice of the members us, the opportunity has existed for ev- Lands Day, and many walked upon of the Civilian Conservation Corps. eryone to use the land within reason- those lands and rode water equipment They are unsung heroes who built able limits. on the lakes of those lands. Some even over 800 of America’s national and However, times are changing. We are cut down a few trees to make a home state parks. in the midst of a slow and methodical or to provide saw timber to a sawmill. Between 1933 and 1942, 3.5 million attack on our access to public lands. Some were herding cattle on the public It started with the resources indus- Corps members planted almost 4 billion lands of Idaho, taking them from the trees, and they built parks, roads, and tries. It will not stop there. At the same time some radical summer range to the fall range and hiking trails. heading them home for the winter sea- groups are fighting to halt all resource They laid the foundation for the pub- son. Soon many will be hunting on the management on our public lands, they lic lands system that America enjoys public lands of the West—hunting the are working to restrict and, in some today. elusive elk, or the deer, or other forms cases, eliminate human access to our This year the Corps held their final of wildlife species that are abundant public lands for recreation. national reunion on National Public Yes, we must manage our public and managed both in balanced and pur- Lands Day. lands responsibly, which includes re- poseful ways. The ceremony remembered the ef- That is the great story of our Na- strictions on some activities in some forts of the Civilian Conservation Corp tion’s public lands. It is not simply to areas. lock them up and look at them, to call at Virginia’s Shenandoah National What we must not do is unreasonably them, as medieval Europe once used to Park, and the Corps Alumni symboli- restrict or eliminate certain activities. cally passed the responsibility of car- Some people like to hike in call them, ‘‘the King’s land.’’ The lands ing for public lands to a new genera- backcountry areas where they can find of the public are not the King’s lands, tion of concerned citizens. peace and solitude while others prefer and they are not the Government’s This year, this new generation to- to ride ATVs into the wilderness. lands; they are the people’s lands. taled approximately 50,000 volunteers, Some prefer to camp in more devel- These lands must be managed in a way that ensures their environmental who took some of their precious time oped facilities while others prefer integrity while allowing all Americans and performed over a million dollars primitive spots. worth of improvements to our public The point is that recreational oppor- to enjoy them in their lifetime and in lands. tunities on our public lands should be their style. I believe National Public Lands Day I yield the floor. as diverse as the American public’s in- Mr. President, I suggest the absence is an opportunity to build a sense of terest. ownership by Americans—through per- of a quorum. On the same note, we can use the The PRESIDING OFFICER. The sonal involvement and conservation natural resources we need in an envi- clerk will call the roll. education. ronmentally responsible manner and The senior assistant bill clerk pro- In recognition of National Public still have plenty of opportunities to ceeded to call the roll. Lands Day and this sense of ownership recreate. Mr. LEVIN. Mr. President, I ask we should all have for our public lands, In fact, recreation resource, and envi- unanimous consent the order for the I want to spend a few minutes today ronmental interests can team together quorum call be rescinded. and reflect on the value of our public to help each other out. In my own The PRESIDING OFFICER. Without lands and on what the future holds for State of Idaho, on the Nez Perce Na- objection, it is so ordered. them. tional Forest, representatives of these f There are around 650 million acres of interests and many others have come public lands in the United States. This together though a stewardship project. DEFENSE AUTHORIZATION represents a major portion of our total These groups are working with the Mr. LEVIN. Mr. President, since we land mass. Forest Service to implement a project were unable to reach agreement on a

VerDate 11-MAY-2000 01:43 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.016 pfrm02 PsN: S01PT1 S9948 CONGRESSIONAL RECORD — SENATE October 1, 2001 list of finite amendments to the De- USE OF FORCE AUTHORITY BY The Defense authorization bill pro- fense Authorization Act last week, the THE PRESIDENT vides up to $8.3 billion for missile de- leadership filed a cloture motion on Mr. BYRD. Mr. President, up until a fense, including activities that may or the bill. The Senate will vote on clo- few days ago, the Senate was moving may not violate the ABM Treaty in the ture on the bill at 10 a.m. tomorrow. I with lightning-like speed to complete coming months. Many experts believe certainly hope the Senate will invoke consideration of the Defense authoriza- the ABM Treaty is the cornerstone of cloture on the bill because we have so tion bill. Complications arose last international arms control and that to many important items in this bill re- week and slowed the bill down, but it abrogate or withdraw from the treaty lating to our national security. It is es- appears that the Senate may be poised can only lead to a new, dangerous, and sential that we act in the Senate so we to shift back into high gear—or some- costly international arms race. Other can go to conference with the House thing like it—tomorrow and attempt to experts, on the other hand, are of the and bring back a conference product. finish the bill. A cloture motion was opinion that the ABM Treaty has out- So far we have adopted 47 amend- filed last week. If cloture is invoked on lived its usefulness, that it is a relic of ments to the bill. We have had two Tuesday, passage of the bill will be the cold war that makes it impossible rollcall votes. And one amendment has more nearly assured. for the United States to protect its been offered and then withdrawn. Over Clearly, the Senate has many citizens against a new world order of the last few days of last week, and over weighty matters to consider, both in rogue nations armed with ballistic mis- the weekend, we and our staffs have this bill and in other measures waiting siles and transnational terrorists who worked through more of the amend- in the wings. We should proceed with may very well be armed with chemical, ments that have been filed on the bill. all due haste to complete our work. biological, and nuclear weapons. Senator WARNER and I have another The September 11 terrorist attack on This is a major policy issue. That is package of cleared amendments that the United States reordered our prior- what it is—a major policy issue. I am we will be offering later today in the ities and imposed a new measure of ur- not sure where I stand on the ABM form of a managers’ package. We are gency on much of the business that is Treaty, but I do know I am not pre- continuing to work to clear amend- yet to come before the Senate. pared to trade it in on a still-to-be-de- ments, and we expect to have more But in the heat of the moment, in the veloped, still-to-be-proven national cleared later this afternoon. I encour- crush of recent events, I fear we may missile defense program without giving be losing sight of the larger obligations age Senators who have amendments to the matter a great deal of thought and of the Senate. Our responsibility as bring them down and to work with our consideration. Senators is to carefully consider and staffs to try to get them cleared. The language that was dropped from fully debate major policy matters, to Completing action on this bill tomor- the Defense bill would have provided air all sides of a given issue, and to act row would send a powerful signal to Congress the opportunity to vote on after full deliberation. Yes, we want to funding any missile defense expendi- our allies and our adversaries around respond quickly to urgent needs, but a the world of our sense of national unity ture that would violate the ABM Trea- speedy response should not be used as ty. It was a sensible provision, as I see and determination and of our strong an excuse to trample full and free de- support for our Armed Forces. Failure it. I would have supported it, probably, bate. and I would have been eager to engage to complete action on this bill would I am concerned that the Defense bill in debate over it. Although I might send the opposite message. So I urge may be a victim of this rush to action, have little to say, I would still like to all of our colleagues to put aside con- despite the respite offered by last hear it. I would like to hear others. troversial issues that do not relate to week’s delays. For example, the De- this bill and to work with Senator fense bill, as reported by the Senate That opportunity was given away to WARNER and with me to complete ac- Armed Services Committee, contained avoid what? To avoid a debate that tion on this important legislation. language conditioning the expenditure some might have called divisive on this The ranking minority member of the of missile defense funds on U.S. compli- bill. So be it. But having postponed committee, Senator WARNER, is at the ance with the Antiballistic Missile that debate on this bill, we have an ob- White House with the President this Treaty, the ABM Treaty. I worry that ligation to find another venue in which afternoon. We were scheduled to begin that language—which was somewhat to have that debate. And we should at 2 o’clock, but that meeting with the controversial in committee and which have that debate sooner rather than President obviously takes precedence. was only narrowly approved—was later. dropped without a word of debate being The resolution granting the Presi- f uttered on the Senate floor. I under- dent the authority to use force to re- stand the reluctance to engage in divi- spond to the September 11 terrorist at- tack is another example of Congress RECESS sive public debate at a time when we are all seeking unity, but I caution moving quickly to avoid the specter of Mr. LEVIN. So, Mr. President, I ask that debate over such an important acrimonious debate at a time of na- unanimous consent that the Senate subject as the ABM Treaty is not to be tional crisis. The resolution Congress stand in recess until 3:15. At that time, lightly dismissed. There is no question approved gives the President broad au- we will be in this Chamber to discuss about the unity. The unity is here. And thority to go after the perpetrators of amendments that Senators might wish certainly, insofar as I am concerned, the terrorist attack regardless of who to offer. And the managers will stay as debate over an issue of this kind is not they are or where they are hiding. I am late today as is necessary to discuss going to be an apple of discord thrown not saying we ought to debate that ad any of those amendments. into the mix. We may just happen to infinitum, but at least we could have I thank the Chair. disagree on some matters with respect had 3 hours or 6 hours of debate. Why There being no objection, the Senate, to the ABM Treaty. do we have to put a zipper on our lips at 2:07 p.m., recessed until 3:16 p.m. and So I cannot understand why there and have no debate at all? reassembled when called to order by needs to be such ‘‘unity’’ that it would It also authorizes the President to the Presiding Officer (Mr. DORGAN). require keeping our voices completely take all appropriate actions against Mr. LEVIN. Mr. President, I suggest mute on a matter of this kind. It would nations, organizations, or persons who the absence of a quorum. be no indication of disunity in this aided or harbored those perpetrators. The PRESIDING OFFICER. The country and our need to be unified in In his address to Congress following clerk will call the roll. dealing with the terrorists or nations the attack, President Bush vowed to The legislative clerk proceeded to that harbor terrorists. As a matter of take the battle against terrorism to call the roll. fact, the mere fact that we would dis- those persons, such as Osama bin Mr. BYRD. Mr. President, I ask unan- agree on a matter before the Senate— Laden; to those organizations, such as imous consent that the order for the the ABM Treaty, for example—is no in- the Taliban; to those networks, such as quorum call be rescinded. dication of disunity when it comes to Al-Qaida, and to any nations that The PRESIDING OFFICER. Without facing the common foe. Not to me, at acted as conspirators in the attack on objection, it is so ordered. least. the United States.

VerDate 11-MAY-2000 00:12 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.018 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9949 I supported the resolution granting Whereas, such acts render it both nec- (b) War Powers Resolution Require- the President the authority to use essary and appropriate that the United ments.— military force against the perpetrators States exercise its rights to self-defense and (1) Specific Statutory Authorization.— to protect United States citizens both at Consistent with section 8(a)(1) of the War of this terrible attack, and I applauded Powers Resolution, the Congress declares his address to Congress and to the Na- home and abroad, and Whereas, in light of the threat to the na- that this section is intended to constitute tion. I note that the President wisely tional security and foreign policy of the specific statutory authorization within the drew lines of discrimination, specifying United States posed by these grave acts of meaning of section 5(b) of the War Powers that the punishment must be directed violence, and Resolution. against those who are guilty of this Whereas, such acts continue to pose an un- (2) Applicability of Other Requirements.— usual and extraordinary threat to the na- Nothing in this resolution supersedes any re- crime, so that we cannot be accused of quirement of the War Powers Resolution. broadening our response to those who tional security and foreign policy of the United States, So, S.J. Res. 23 invokes the War Pow- were not involved in the September 11 ers Resolution. Quite an addition to attack. Our resolve and our ferocity of Now, therefore, be it Resolved by the Senate and House of Rep- the proposal that was sent to the Sen- response must carefully discriminate resentatives of the United States of America ate from the White House. against the guilty, and surely if we do in Congress assembled— The crux of the War Powers Resolu- so, all men of reason, all nations of And here is the resolving clause that tion is that it provides specific proce- conscience, will support and applaud was in the proposed legislation sub- dures for Congress to participate with us. mitted by the White House to the Sen- the President in decisions to send U.S. I was reassured by the President’s re- ate leadership— forces into hostilities. Section 2(b) of marks. But as I delved more deeply S.J. Res. 23 specifically invokes section into the resolution passed by Congress, That the President is authorized to use all 5(b) of the War Powers Resolution and I began to have some qualms over how necessary and appropriate force against those nations, organizations or persons he further declares that nothing in S.J. broad a grant of authority Congress determines planned, authorized, harbored, Res. 23 supercedes any requirement of gave him in our rush to act quickly. committed, or aided in the planning or com- the War Powers Resolution. Because of the speed with which it was mission of the attacks against the United Section 5(b) of the War Powers Reso- passed, there was little discussion es- States that occurred on September 11, 2001, lution provides that the President tablishing a foundation for the resolu- and to deter and pre-empt any future acts of must terminate any use of United tion. Because of the paucity of debate, terrorism or aggression against the United States Armed Forces after 60 days un- it would be difficult to glean from the States. less Congress has declared war or has record the specific intent of Congress That completes the proposed resolu- enacted a specific authorization for in approving S.J. Res. 23. There were tion the White House submitted to the such use of United States Armed after-the-fact statements made in the Senate leadership. Senators modified Forces. S.J. Res 23 provides that au- Senate, and there was some debate in this text that was proposed by the thorization within the context of the the House, but there was not the nor- White House to limit the grant of au- September 11th attack. mal level of discussion or the normal thority, and that limitation is ex- Let me read that again because the level of analysis of the language prior tremely important because the resolu- emphasis is on the word ‘‘that.’’ I am to the vote that we have come to ex- tion also gives the President unprece- going to redo this. S.J. Res. 23 provides pect in the Senate. And so I think it is dented authority to wage war not only that authorization—that we have just important to take a second look at S.J. against nations involved in the Sep- read about—within the context of the Res. 23, to examine its strengths and tember 11 terrorist attacks, but also September 11 attack. weaknesses, and to put on record the against individuals and organizations. Those persons, organizations or na- intent of Congress in passing the reso- The resolution as passed by the Sen- tions that were not involved in the lution. ate on September 14 is as follows: September 11 attack are, by definition, I am not sure we are doing that. Just outside the scope of this authorization. S.J. Res. 23. Whereas, on September 11, By signing S.J. Res 23 into law, as he as this is my speech, just as it is one 2001, acts of treacherous violence were com- Senator’s observations, those observa- mitted against the United States and its did on September 18th, it would seem tions might have been worth a little citizens; and that the President explicitly, or at more had we made them before we Whereas, such acts render it both nec- least implicitly, accepted the terms of passed that resolution in such a great essary and appropriate that the United the Resolution, including the con- hurry. States exercise its rights to self-defense and straints imposed by the War Powers Two aspects of the resolution are to protect United States citizens both at Resolution. key: First, the use of force authority home and abroad, and However, as clear as the language ap- granted to the President extends only Whereas, in light of the threat to the na- pears on its face, it is noteworthy that tional security and foreign policy of the to the perpetrators of the September 11 President Bush, like other presidents United States posed by these grave acts of before him, including his father, spe- attack. It was not the intent of Con- violence, and gress to give the President unbridled Whereas, such acts continue to pose an un- cifically noted in the statement he authority—I hope it wasn’t—to wage usual and extraordinary threat to the na- issued when he signed the resolution war against terrorism writ large with- tional security and foreign policy of the that despite his signature, he main- out the advice and consent of Congress. United States, tains ‘‘the longstanding position of the That intent was made clear when Sen- Whereas, the President has authority executive branch regarding the Presi- ators modified the text of the resolu- under the Constitution to take action to dent’s constitutional authority to use tion proposed by the White House to deter and prevent acts of international ter- force, including the Armed Forces of rorism against the United States. limit the grant of authority to the Sep- the United States and regarding the Resolved by the Senate and the House of constitutionality of the War Powers tember 11 attack. Representatives of the United States of Let me at this point read into the America in Congress assembled: Resolution.’’ RECORD the original text of proposed Section 1. Short Title. Every President since the enactment joint resolution submitted to the Sen- This joint resolution may be cited as the of the War Powers Resolution in 1973 ate leadership by the White House on ‘‘Authorization for Use of Military Force’’. has taken the position that the War September 12 this year of our Lord, Sec. 2. Authorization for Use of United Powers Resolution is an unconstitu- 2001. And I read it: ‘‘Joint resolution.’’ States Armed Forces. tional infringement of the President’s The title: ‘‘To authorize the use of (a) That the President is authorized to use constitutional authority as Com- all necessary and appropriate force against mander in Chief to deploy U.S. forces United States Armed Forces Against those nations, organizations, or persons he Those Responsible for the Recent at- into hostilities. determines planned, authorized, committed, This does not mean that President tacks Lunched Against the United or aided the terrorist attacks that occurred States.’’ on September 11, 2001, or harbored such orga- Bush will use that argument to com- Whereas, on September 11, 2001, acts of nizations or persons, in order to prevent any pletely shut Congress out of the proc- treacherous violence were committed future acts of international terrorism ess of deploying troops where hos- against the United States and its citizens; against the United States by such nations, tilities are taking place or imme- and organizations or persons. diately threatened to take place. But it

VerDate 11-MAY-2000 01:43 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.020 pfrm02 PsN: S01PT1 S9950 CONGRESSIONAL RECORD — SENATE October 1, 2001 does mean that President Bush, like may not exercise it without triggering and modifications of that resolution. his predecessors, is likely to use that the reporting and termination require- But it was considerably modified. So argument to consult with Congress and ments of the War Powers Resolution. there was considerable modification report to Congress on his own terms In his address to Congress, the Presi- made to the text originally proposed. and his own timetable instead of the dent cited organizations which are In an effort to achieve the goal of en- terms and timetable spelled out in the known terrorist organizations in the abling the President to wage war, as he war powers resolution. world. Regardless of their history, if calls it, against those responsible for Last week, President Bush submitted those organizations were not involved the September 11 attack on the United his first report to Congress on the new in the September 11 attack, they fall States, while ensuring that the war U.S. Campaign Against Terrorism. In outside of the broad grant of authority cannot be broadened to encompass his letter, the President said, ‘‘I am provided by the Congress for the Presi- other targets without the knowledge providing this report as part of my ef- dent to act in S.J. Res 23. and the consent of Congress, whether forts to keep the Congress informed, I am not making the case for them those modifications went far enough, consistent with the war powers resolu- by any means. I am simply saying that whether the resolution ultimately tion and Senate Joint Resolution we in the Senate should have had some adopted by Congress accomplishes pre- 23....’’ While the intent may have things to say publicly about this reso- cisely what we wish to accomplish, we been to inform, the letter was decid- lution before we passed it. have yet to know with certainty. edly lacking in details. Notwith- We should have had some debate. The The President has declared ours to be standing the requirement of the War President could take action against a nation at war with global terrorism. Powers Resolution, the President pro- them if he deemed it necessary, but We have united behind him in this hour vided no details on the proposed scope such action would trigger the War of crisis, but we remain mindful of the and duration of the deployment. The Powers Resolution, wouldn’t it? By somber history of this nation, of the only indication of a timetable was the law, the President would have to report blood that has been shed over the cen- president’s assertion that the cam- to the Congress on any actions he turies to protect and defend the ideals paign against terrorism ‘‘Will be a might take in regard to those organiza- enshrined in our Constitution. We lengthy one.’’ tions, and seek new specific authoriza- must, therefore, be as constant in our Mr. President, I ask unanimous con- tion from Congress if he planned to en- vigilance of the Constitution as we are sent that a copy of the President’s re- gage in military action for more than strong in our battle against terrorism. port to Congress be included in the 60 days. But will he? Will he? I urge my colleagues to keep clearly RECORD following these remarks. The intent of the use of force author- in mind their fundamental responsi- The PRESIDING OFFICER. Without ization Congress approved in the after- bility to support and defend the Con- objection, it is so ordered. math of the attack on America is clear. stitution. That is the oath we took (See Exhibit No. 1.) It is firmly anchored to those individ- with our hands, at least figuratively In short, what appeared to be crystal uals, organizations, or nations who speaking, on the Bible ‘‘so help me clear to Congress when it passed the were complicit in the September 11th God.’’ Every one of these Senators took use of force resolution appears to be a attack. Extended operations against that oath, a fundamental responsibility matter of very different interpretation other parties or nations not involved in to support and defend the Constitution to the President. I wonder, in retro- the attack would require—or would it— and to fully and fairly debate the spect, if a few hours, or indeed if a very additional specific authorization be- major policy issues of the moment be- few hours, of searching debate and a yond the 60 day period provided for in cause this is going to be a long time. little more research prior to the pas- the War Powers Resolution. Whether Whatever powers we cede will have sage of S.J. Res. 23 might not have re- the language of S.J. Res. 23 adequately been ceded for a long time, perhaps. sulted in a more clearly defined grant supports the intent is another matter. As we move through the rest of this of power. We may never resolve the po- Mr. President, it may seem to some session of Congress, let us stop, let us litical tension between the executive as though I am belaboring a fine look, let us listen, listen to what our and legislative branches over the con- point—splitting hairs, if you please— hearts are telling us. Let us listen to stitutional division of war powers, but during a time of national crisis. One what this Constitution is telling us. we might have been able to better clar- need not be mistaken about it—I sup- Let us act as expeditiously as possible ify the intent of S.J. Res. 23. Such clar- port our President in his efforts to on the urgent matters before us, but ity is important. bring to justice the evildoers who at- let us also act with calm, careful, and This is not a matter that no lack of tacked the United States on September thorough deliberations. goodwill will end tomorrow, or a week 11th. Congress has clearly dem- EXHIBIT NO. 1 from tomorrow, or perhaps a year from onstrated its resolve and its unity in ORIGINAL TEXT OF PROPOSED JOINT RESOLU- tomorrow. This resolution, such as the that regard. I don’t think anyone need TION SUBMITTED TO THE SENATE LEADERSHIP use of force resolutions granted in the have any doubts about that. But I have BY THE WHITE HOUSE, SEPTEMBER 12, 2001 past, has no sunset clause. These reso- also taken an oath to protect and de- Joint resolution to authorize the use of lutions remain in force unless Congress fend—so has every Senator in this United States Armed Forces against those repeals them. For all we know, this body—the Constitution of the United responsible for the recent attacks launched President could just simply dust off, States. Article I Section 8 of the Con- against the United States just that easy—dust it off; dust it off— stitution grants to Congress the exclu- Whereas, on September 11, 2001, acts of dust off the 1991 gulf war resolution. treacherous violence were committed sive power to declare war. In taking against the United States and its citizens; The President could just as easily dust any action to cede that authority to and off the 1991 gulf war resolution which the Executive Branch, Congress must Whereas, such acts render it both nec- granted use of force authority to his fa- act with extreme care and caution. essary and appropriate that the United ther, to cite congressional authority to Despite the speed with which Con- States exercise its rights to self-defense and sweep Iraq into the current conflict re- gress passed S.J. Res. 23, an effort to to protect United States citizens both at gardless of whether it had anything to inject care and caution into the process home and abroad, and was certainly made. The ramifications Whereas, in light of the threat to the na- do with the September 11 attack. tional security and foreign policy of the The President, of course, does have of the proposed resolution sent here by United States posed by these grave acts of limited authority under the War Pow- the White House were weighed and violence, and ers Resolution to prosecute terrorist they were considered. Important modi- Whereas, such acts continue to pose an un- organizations that operate against our fications were made to the text origi- usual and extraordinary threat to the na- interests and the interests of all peace- nally proposed. I would not have voted tional security and foreign policy of the loving nations. He has that power re- for it otherwise. I had no time to study United States, Now, therefore, be it gardless of whether Congress has it. I was busy in my Appropriations Resolved by the Senate and House of Rep- passed a resolution granting him spe- Committee working on the bill appro- resentatives of the United States of America in cific authority. He has that inherent priating $40 billion, so I had no time Congress assembled, That the President is au- power under the Constitution, but he whatever to participate in the study thorized to use all necessary and appropriate

VerDate 11-MAY-2000 00:33 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.022 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9951 force against those nations, organizations or number of foreign nations in the Central and We thank our colleague for this very persons he determines planned, authorized, Pacific Command areas of operations. In the important speech he has given today. harbored, committed, or aided in the plan- future, as we act to prevent and deter ter- Mr. BYRD. If the Senator will yield, ning or commission of the attacks against rorism, I may find it necessary to order addi- I thank my friend from Virginia, the the United States that occurred on Sep- tional forces into these and other areas of State which gave to our country tember 11, 2001, and to deter and pre-empt the world, including into foreign nations any future acts of terrorism or aggression where U.S. Armed Forces are already lo- George Washington and James Madi- against the United States. cated. son, the father of the Constitution. I I have taken these actions pursuant to my thank him very much. S.J. RES. 23 constitutional authority to conduct U.S. for- Mr. WARNER. I thank my good (Passed by the Senate, September 14) eign relations and as Commander in Chief friend and colleague. and Chief Executive. It is not now possible to Mr. LEVIN. Mr. President, the Sen- Whereas, on September 11, 2001, acts of predict the scope and duration of these de- treacherous violence were committed ator from West Virginia has made ref- ployments, and the actions necessary to against the United States and its citizens; erence to two actions we have taken in counter the terrorist threat to the United and the Senate. I would like to comment States. It is likely that the American cam- Whereas, such acts render it both nec- briefly on both. paign against terrorism will be a lengthy essary and appropriate that the United one. First, on the second action we took, States exercise its rights to self-defense and I am providing this report as part of my ef- giving the President authority to re- to protect United States citizens both at forts to keep the Congress informed, con- spond to the attacks of September 11, home and abroad, and sistent with the War Powers Resolution and the Senator did us a great service by Whereas, in light of the threat to the na- Senate Joint Resolution 23, which I signed laying out the version of that resolu- tional security and foreign policy of the on September 18, 2001. As you know, officials tion with which we started and the United States posed by these grave acts of of my Administration and I have been regu- violence, and version with which we ended. I made larly communicating with the leadership and the same effort that day we voted on Whereas, such acts continue to pose an un- other Members of Congress about the actions usual and extraordinary threat to the na- we are taking to respond to the threat of ter- it, but I do not believe I actually put tional security and foreign policy of the rorism and we will continue to do so. I appre- the drafts in the RECORD. I made ref- United States, ciate the continuing support of the Congress, erence to them, but I think that per- Whereas, the President has authority including its passage of Senate Joint Resolu- haps this is the first time the actual under the Constitution to take action to tion 23, in this action to protect the security draft we began with is in the CONGRES- deter and prevent acts of international ter- of the United States of America and its citi- rorism against the United States. SIONAL RECORD. I think that is a very zens, civilian and military, here and abroad. Resolved by the Senate and the House of Rep- important service. Sincerely, resentatives of the United States of America in The resolution we adopted, as the GEORGE W. BUSH. Congress assembled. Senator from West Virginia said, is SECTION 1. SHORT TITLE. The PRESIDING OFFICER. The much narrower in terms of its author- This joint resolution may be cited as the Chair recognizes the Senator from Min- ity. The draft we began with, that the ‘‘Authorization for Use of Military Force’’. nesota. White House submitted to us, had un- SEC. 2. AUTHORIZATION FOR USE OF UNITED Mr. WELLSTONE. I know the Sen- precedented broad authority, far too STATES ARMED FORCES. ator from Michigan said he wanted to broad for most of us. It was unlimited (a) That the President is authorized to use speak. I am anxious to respond to some by time and by other limits, as to what all necessary and appropriate force against of what Senator BYRD said. I ask unan- the President could do in response to those nations, organizations, or persons he imous consent I be allowed to follow these attacks. determines planned, authorized, committed, the Senator from Michigan. The final resolution we adopted pro- or aided the terrorist attacks that occurred The PRESIDING OFFICER. Without vided that the authority granted to the on September 11, 2001, or harbored such orga- objection, it is so ordered. nizations or persons, in order to prevent any President is to respond to the attack of future acts of international terrorism Mr. LEVIN. I thank my good friend September 11—not to some unspecified against the United States by such nations, from Minnesota. future attacks but to that particular organizations or persons. While Senator BYRD is on the floor, attack of September 11, and also, as (b) WAR POWERS RESOLUTION REQUIRE- let me thank him for another of a long the Senator from West Virginia said, MENTS.— series of pleas that we be aware of our made specific reference and inclusion (1) SPECIFIC STATUTORY AUTHORIZATION.— responsibility under the Constitution by reference to the provisions of the Consistent with section 8(a)(1) of the War of this country, particularly when it Powers Resolution, the Congress declares War Powers Act. comes to issues of war and peace. Sure- Those and other changes in the lan- that this section is intended to constitute ly the cautionary language of the great specific statutory authorization within the guage of the resolution were signifi- meaning of section 5(b) of the War Powers Senator from West Virginia is some- cant. Our good friend from West Vir- Resolution. thing which I hope all Members will ginia pointed out that there was much (2) APPLICABILITY OF OTHER REQUIRE- heed. greater care and caution—to use his MENTS.—Nothing in this resolution super- I, personally, treasure the copy of the words—in the final resolution we sedes any requirement of the War Powers Constitution which he has autographed adopted. I hope history proves that Resolution. for me. I have it on my desk, and I look those of us who worked so hard on that at it constantly. It is not quite as close final resolution indeed used enough THE WHITE HOUSE, to my heart as the Constitution which care and caution to satisfy the require- OFFICE OF THE PRESS SECRETARY, the Senator from West Virginia carries September 24, 2001. ments of the Constitution and just with him at all times, but it is always good common sense. But history will LETTER TO CONGRESS ON AMERICAN CAMPAIGN a few feet away from me when I sit at AGAINST TERRORISM judge that one—and I hope will judge it my desk. I thank him for again point- (Text of a Letter from the President to the well—because the differences between Speaker of the House of Representatives ing out to the Senate the responsibility the original draft resolution submitted and the President Pro Tempore of the Sen- we have in these particularly difficult to us and the one we adopted are in- ate) days. deed significant changes, major DEAR MR. SPEAKER: (DEAR MR. PRESIDENT:) Mr. WARNER. I associate myself changes. On the morning of September 11, 2001, terror- with those remarks from a member of As a matter of fact, I want to give ists hijacked four U.S. commercial airliners. the Senate Armed Services Committee. our staff some real credit because they These terrorists coldly murdered thousands We are pleased that he has continued worked through the night with us in of innocent people on those airliners and on this long association, although his du- order to craft those changes which we the ground, and deliberately destroyed the ties are very heavy in other areas. It is were then able to adopt unanimously towers of the World Trade Center and sur- interesting that only John Stennis was in the Senate. rounding buildings and a portion of the Pen- ever chairman of the Appropriations On the first matter the Senator from tagon. In response to these attacks on our terri- Committee and also served on the Sen- West Virginia raised, which was the tory, our citizens, and our way of life, I or- ate Armed Services Committee. He was language which was in the original bill dered the deployment of various combat- a great and dear friend of yours, we on national missile defense—as a mem- equipped and combat support forces to a know, and teacher to all Members. ber of the Armed Services Committee I

VerDate 11-MAY-2000 01:43 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.003 pfrm02 PsN: S01PT1 S9952 CONGRESSIONAL RECORD — SENATE October 1, 2001 know he is familiar with this history— withdrawal from this treaty would know that in fact the funds are going let me recount it for those who are not make us more secure, I would favor the to be used for an activity which con- members of the committee. unilateral withdrawal. I would give no- flicts with the Anti-Ballistic Missile As chairman of that committee, we tice to withdraw if I believed it would Treaty. asked the White House and the admin- make us more secure—because that is Then came the event of September istration to tell us whether or not the the issue. We are not here to defend a 11. The argument which the opponents activities for which they were request- treaty; we are here to defend the coun- of my language made was that my lan- ing funding, the test activities for mis- try. In my judgment, the unilateral guage tied the hands of the Commander sile defense, were consistent with the withdrawal from this treaty would re- in Chief, because no longer could he ABM Treaty or would conflict with the sult in such a negative reaction on the move on his own without authority for ABM Treaty. We made many requests part of a number of countries that appropriations; he would have to first for that information, and we never re- would respond to that withdrawal that come back to us for that authority. ceived the answer to it. overall, on balance, we would end up Frankly, I don’t think that argument That is critically important informa- being less secure, and we would do so in comes close to outweighing the argu- tion because if we, as the appropriators order to commit ourselves to testing a ments on the other side of this issue. and authorizers, are going to put funds system which is a defense against the Nonetheless, in that environment I into a bill for testing activities which least likely means of attack, a missile reached the conclusion that that argu- are in conflict with an arms control attack. ment was going to prevail and it was agreement and which could have huge We have been told by the Joint Chiefs not the time, immediately following ramifications in terms of our own secu- over and over again that the least like- the events of September 11, for that ar- rity, in the view of many of us result- ly way we would be attacked, the least gument to be resolved. ing in a unilateral withdrawal which likely delivery system for a weapon of It was a very practical judgment on could make us less secure rather than mass destruction, would be a missile. my part as its author that it was about more secure—if we are going to take The most likely means would be a the worst time we could possibly pick— that action as a Congress to appro- truck or a ship, some more conven- not that it was the time of our choos- priate those funds, we should do so tional means—for a number of reasons, ing, but it would have been the worst knowingly. one of which being those conventional time to have a debate which had such We could not get that information. means—trucks, ships, whatever—are crucial importance. It struck me as And so, as chairman of the committee, more accurate, cheaper, and—critically being far preferable that we preserve I drafted language which gave us an op- important—do not have what we call a our opportunity to present this issue portunity down the road, if and when return address like a missile. A missile later in a separate bill that went on the administration determined that attack would lead to the instantaneous the calendar and that the majority the testing activities conflicted with destruction of any country that at- leader could then attempt to call up. the Anti-Ballistic Missile Treaty— tacked us, including North Korea. And That language is now part of a bill that would give us the opportunity to vote since the maintenance of their regime is on the calendar which the majority whether or not we approved such ex- is their No. 1 goal in North Korea, ac- leader can at a later point call up. penditures. cording to our intelligence community, Will it be more difficult for him to If we couldn’t find out then, if we it is very unlikely that North Korea call it up than it would have been couldn’t get that information to allow would attack us with a missile. It under the language had it remained us to make that kind of an informed would lead to their instantaneous, or embedded in the bill? The answer is judgment, then I thought it was criti- almost instantaneous, destruction. yes, it will be more difficult because he cally important to have that informa- So I believe that to unilaterally will have to move to proceed if he can- tion so we could at a later point decide withdraw from a treaty in order to put not get the unanimous consent. whether or not we would approve that us closer to a defense against the least But given the fact that the President expenditure. We won that argument by likely means of attack, and doing so was going to veto this bill and there- one vote in the Armed Services Com- unilaterally, which would produce a re- fore this language was not going to end mittee. I was disappointed that all of action on the part of a number of coun- up in this bill in any event even if it our Republican colleagues voted tries, including Russia and China, survived the Senate, and there were against it. We were then informed that which would overall make us less se- those of us who had very strong feel- if that language remained in the bill, cure since they would build up their ings about the importance of avoiding the bill would be vetoed by the Presi- forces faster, they would not dismantle a unilateral rift in a strategic relation- dent. So we started with that premise. their weapons as Russia is doing, they ship with Russia that has produced That doesn’t mean the language was would put multiple warheads on mis- such stability, and for such little ad- not the right language. In my judg- siles—called MIRVing—they would no vantage, I made the judgment that it ment, it was and is the right language. longer participate in dismantling would be wise to preserve that argu- But what it means is that we knew the weapons, which means we would have ment by placing it in a separate bill bill would be vetoed. more and more nuclear material on that the majority leader at least could Then came along the events of Sep- Russian soil subject to proliferation, attempt to call up at a later date and tember 11, and the question was then subject to pilferage, it struck me and which would be on the calendar. But whether or not that would make it pos- strikes me that unilateral withdrawal what I saw otherwise was that this lan- sible for us to preserve that language leaves us, overall, less secure. guage was going to be removed by a in a totally different environment or That is why I worked so hard on get- vote of the Senate, and having an whether or not it would make it more ting that language included. I thought, added disadvantage that we would be difficult to preserve language which I, if Congress is going to provide the debating a security issue showing dis- as its author, thought was very signifi- funds for that kind of activity that unity at a time when we wanted to cant, very important language. leads to the unilateral withdrawal from have unity. There are many Members of this an arms control treaty, Congress That was but one factor in my think- body who have devoted large amounts should take the responsibility, under ing, the other factor being that, as a of time to arms control issues, includ- that oath to uphold the Constitution of matter of timing, this issue should be ing the chairman of the Foreign Rela- the United States, to know what we are debated at a time when at least there tions Committee, but I must say I have doing. would be a fairer opportunity and a spent a good deal of time in my career That was the driving force behind the setting separated from the events of working on these arms control issues, language I drafted. So that language September 11 where the argument that so this became a very significant issue comes in the bill that is now being con- we were tying the hands of the Com- to me. I believe this unilateral with- sidered on the floor giving Congress the mander in Chief would have less of an drawal from the arms control agree- opportunity to have a voice before emotional impact. ment will make us less secure and not funds it appropriates are used for that I may have been right; I may have more secure. If I thought unilateral purpose. It gives us an opportunity to been wrong. But it was a judgment

VerDate 11-MAY-2000 00:33 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.026 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9953 which I expressed to the body before any way less than forceful in trying to and such rebuttal or concurrence that the actions were taken. I indicated explore all the options to develop a may be made or voiced by other col- that prior to those actions being taken limited defense system protecting this leagues? Then we can get some better where we divided this language and put Nation against a limited attack such idea how soon we can return to the it into a separate bill, we should leave as future generations, when they look issue of amendments. this debate to a later time. back at this hour of tragedy, will say Mr. DODD. Mr. President, if my col- Those are key words which are some- that our country did not move forward league and friend from Virginia will times forgotten. This debate has not on all fronts. None of this would have yield, I anticipate taking no longer gone away. It will not go away. I be- been envisioned. We did not envision than 15 minutes myself. Others may lieve it is very unlikely that the Presi- the tragedies of September 11. In many want to be heard. dent under these circumstances is respects, some still cannot envision Just for the purpose of letting Mem- going to withdraw unilaterally from that this country needs a defense bers know, this will be an amendment this treaty. against limited attack. for which, frankly, the chairman and That is my own judgment. Surely the I must say yes, I accept my distin- ranking member are very much respon- events of September 11 have made it so guished chairman’s statement to the sible; and that is the fire assistance clear that collective action against ter- effect that he made certain decisions. I program in which we are dedicating, in rorism and collective action for our se- commend him for it. But I believe sev- this case, to the 350 or so firemen who curity is essential and that unilateral eral of us had spoken to him in the lost their lives in New York on Sep- action on our part is not going to make context of what was going to be under- tember 11, and those who fought here us secure, we need a lot of other coun- taken had that decision not been at the Pentagon, to increase the au- tries to join with us if we are going to reached by our chairman. thorization levels. be secure. Acting unilaterally to with- I inquire of the chairman: We want to Others may want to be heard on that. draw from an arms control treaty in have our colleague have his oppor- On my part, 15 minutes ought to be this setting it seems to me is highly tunity to speak here momentarily. more than adequate. unlikely. Could we get some time estimate be- Mr. WARNER. On that subject, while I know that the White House and the cause work is being done on this side. I personally am supportive of the goals President say they are determined to Mr. LEVIN. The Senator from Min- of the amendment, I must reserve the get beyond the ABM Treaty, as they nesota was kind enough to allow me to rights of Senators on this side, particu- put it. But surely these events have precede him, although he was recog- larly those on the Commerce Com- shown that we need to act collectively nized first so we could comment on mittee. I would presume that the chair- in a civilized world against the uncivi- Senator BYRD’s comments. It would man and ranking member may desire lized terror which has been perpetrated now be up to the Senator from Min- to at least address the Senate on this and inflicted upon us. nesota. matter prior to any final action on the I again thank my friend from West Mr. WELLSTONE. Mr. President, I Senator’s amendment. Virginia. I don’t know of anybody in probably need about 20 minutes. Mr. DODD. I say to my friend, we this body who more eloquently and Mr. LEVIN. Mr. President, I ask have notified the Commerce Com- more consistently describes the respon- unanimous consent that after the Sen- mittee about this amendment. Again, I sibilities of this body. I have outlined ator from Minnesota concludes his re- think they understand that given the in the best way I can what I believe my marks we then return to consideration constraints remaining for us to offer a responsibility is and what my responsi- of the bill. freestanding proposal, and given the bility was. Mr. WARNER. Mr. President, reserv- history of this bill associated with the My committee made a decision and ing the right to object, is the subject DOD bill, I will leave it to them to ad- the Senate made a decision after we de- matter of the address of the Senator dress it themselves. But we have talked scribed the language that was in this from Minnesota relevant to the pend- about it. bill. I think we made the right deci- ing matter before the Senate; namely, Mr. WARNER. I say to my distin- sion. It allows those of us who believe the Armed Forces bill? guished chairman, I would presume strongly in the importance of avoiding Mr. WELLSTONE. That is correct, then that this amendment would have a rift in a relationship and a unilateral although I want to respond to Senator a rollcall vote sometime tomorrow. withdrawal from an arms control trea- BYRD’s statement. Mr. DODD. Right. ty—it is consistent with our beliefs—to Mr. WARNER. May I also inquire of Mr. WARNER. Would you permit me preserve this argument for a later date. the chairman and the Senator from to incorporate in your UC a request As I said on the floor prior to the ac- Minnesota, our colleague from Con- that 30 minutes be granted to the tion we took, we should leave this de- necticut has an amendment directly re- chairman and ranking member of the bate for a later time; and, I must add, lated in some respects to aspects of the Commerce Committee prior to any as I have tried to say a number of bill—— vote on the amendment by our col- times since, at a time when I think we Mr. WELLSTONE. Mr. President, I league from Connecticut? Mr. DODD. The only request I would have a better chance of arguing the have been here a long time, and I asked make is this amendment be considered pros and cons of our position in an en- unanimous consent to follow Senator prior to the cloture vote. LEVIN. I will speak and try to cover the vironment where we at least maximize Mr. WARNER. I beg your pardon. our opportunity to prevail. That topic, and then I will yield the floor. Mr. DODD. That it be considered doesn’t mean I am confident that we Mr. LEVIN. Mr. President, if the Sen- prior to the cloture vote. will. I hope we will prevail if and when ator will yield for one additional unan- Mr. WARNER. I am not sure. The that moment comes. At least I believe imous consent request, I ask unani- vote takes place at 9:30 tomorrow we have a greater opportunity when mous consent that following the re- morning. As I understand it, there is an the debate takes place at a later time marks of the Senator from Minnesota, order to that effect. and in a different setting than we do in we return to the consideration of the My understanding is that the stand- the short term. bill and that Senator DODD be imme- ing order is that the Senate will vote I thank my friend from Minnesota. I diately recognized to offer an amend- at 10 o’clock tomorrow morning on a have taken more time than I told him ment. cloture motion; is that correct? I would take. Mr. WARNER. Again, reserving the The PRESIDING OFFICER (Mr. Mr. WARNER. Mr. President, if I right to object, we do have a stack of CORZINE). That is correct. might take a few minutes, I think it is agreed-upon amendments. As soon as Mr. WARNER. Then I would say to important that the RECORD of the pro- we get that behind us, our staffs can my colleague from Connecticut, how do ceedings today also make reference to devote their time to additional amend- we achieve that? the fact that I and many others believe ments. Mr. DODD. We could have a voice that the events of September 11 spoke So I ask the Senator from Con- vote. We do not need a recorded vote. volumes for the President’s position necticut, how much time will he want Mr. WARNER. I would have to object that we should not at this time be in for the presentation of his amendment to a voice vote. I am dutybound, you

VerDate 11-MAY-2000 00:33 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.028 pfrm02 PsN: S01PT1 S9954 CONGRESSIONAL RECORD — SENATE October 1, 2001 understand, to protect colleagues on not think I could support it. I thought Let me repeat that one more time. this side, particularly those on the it was too broad, too open ended. I Any military action must be targeted Commerce Committee which has over- think Senator LEVIN did say this, but against those who are responsible for all jurisdiction. while you were busy on that appropria- the terror acts and those who have har- Mr. DODD. If my colleague will yield, tions bill, Senator LEVIN was one of the bored them. And we must plan such ac- if there is no objection to the amend- key Senators—along with staff—who tion to minimize the danger to inno- ment being incorporated in the bill, really did yeomen’s work to try to cent civilians who are on the edge of this may be the one opportunity where have that resolution focus on the Sep- starvation. And we must be prepared to we will be able to do something about tember 11 attacks. It was entirely dif- address any humanitarian con- these firefighters. ferent wording. sequences of whatever action we take Mr. WARNER. I want to help you. I But I thank you, Senator BYRD, for as soon as possible. am going to vote with you. But I am what you have done today in this Sen- Mr. President, I ask unanimous con- dutybound, as you understand, to pro- ate Chamber. sent that a piece that I just finished tect those on this side. I do not know Mr. BYRD. Mr. President, will the writing be printed in the RECORD. what the chairman of the Commerce Senator yield, just very quickly? There being no objection, the mate- Committee, on your side, has said Mr. WELLSTONE. I am happy to rial was ordered to be printed in the about this issue, but I do know mem- yield. RECORD, as follows: bers of the Commerce Committee, on The PRESIDING OFFICER. The Sen- U.S. MUST LEAD EFFORTS TO PREVENT this side, certainly must be protected— ator from West Virginia. REFUGEE CRISIS IN AFGHANISTAN at least be given an opportunity to Mr. BYRD. I thank the Senator for (By U.S. Senator Paul Wellstone, Chairman, speak to this amendment if it is his observations. I would be remiss if I Subcommittee on Near Eastern and South brought up for purposes of a rollcall did not likewise express my gratitude Asian Affairs, September 28, 2001) vote. to Senator LEVIN and to Senator BIDEN The September 11 attacks in New York and Mr. DODD. Why don’t we proceed this and to other Senators who worked to- Washington require our country to respond way, if we could: After the Senator gether to modify that language and to assertively and effectively against inter- from Minnesota has been heard, if I can national terrorism. As the Administration greatly improve the language over reviews all its options, it must consider the offer the amendment, I would like to what it was when it was sent from the humanitarian consequences of any military discuss it. In the meantime, we can White House to the Senate. action against terrorist sites in Afghanistan, have conversations. We have already Mr. WELLSTONE. I thank the Sen- and take urgent steps now to address them. had conversations with members of the ator. Even before the world focused on it as a Commerce Committee. If they are I also say to my colleague, I believe sanctuary for Osama bin Laden and other going to object to us voting on this Senator KERRY from Massachusetts, terrorists, Afghanistan was on the brink of a prior to the cloture vote tomorrow, or and also the majority leader, Senator humanitarian catastrophe, the site of the allow us to have a voice vote on this, greatest crisis in hunger and refugee dis- DASCHLE—all of them—— placement in the world. Now the worsening then so be it. But if not, then it could Mr. BYRD. Yes, absolutely. situation on the ground is almost unimagi- go through this evening. We ought to Mr. WELLSTONE. Did yeomen work. nable. After four years of relentless drought, try to do it. f the worst in three decades, and the total fail- Is that all right? ure of the Taliban government in admin- Mr. WARNER. Mr. President, that REFUGEE CRISIS IN AFGHANISTAN istering the country, four million people seems to me to be an orderly proce- Mr. WELLSTONE. Mr. President, I have abandoned their homes in search of dure. want to talk about an amendment that food in Pakistan, Iran, Tajikistan and else- Mr. LEVIN. Mr. President, I ask I hope will be part of the Defense au- where, while those left behind eat meals of unanimous consent that immediately thorization bill. But as long as we are locusts and animal fodder. Five million peo- following the statement of the Senator ple inside the country are threatened by talking about the resolution for a mo- famine, according to the United Nations. from Minnesota, we return to the De- ment, I want to borrow from a piece I As President Bush made clear, we are wag- fense authorization bill and Senator just finished writing. I will not go ing a campaign against terrorists, not ordi- DODD be recognized to offer an amend- through the whole piece, but that deals nary Afghans, who are some of the poorest ment. with the humanitarian catastrophe and most beleaguered people on the planet The PRESIDING OFFICER. Is there that is now taking place in Afghani- and were our allies during the Cold War. Any objection? stan. I think it is relevant to talk military action must thus be targeted against those responsible for the terror at- Mr. WARNER. Reserving the right to about this. object, could that be 15 minutes? tacks and those harboring them; planned to You have a situation on the ground minimize the danger to innocent civilians on Mr. LEVIN. Just to offer it. that is unimaginable: 4 years of relent- Mr. WARNER. He wanted 15 minutes the edge of starvation; and prepared to ad- less drought, the worst in 3 decades, dress any humanitarian consequences as to offer it, which is fine. I have no ob- and the total failure of the Taliban soon as possible. Since it seems clear that a jection, but I do want to get back to government to administer to the coun- major international refugee influx will re- this question of amendments. try. Four million people have aban- quire a massive expansion of existing refugee Mr. LEVIN. And that Senator DODD’s doned their homes in search of food in camps, and creation of new ones, the U.S. speech be limited to 15 minutes. and our U.N. Security Council allies should Pakistan, Iran, and elsewhere. Those The PRESIDING OFFICER. Is there also be thinking now about how to protect objection? left behind now eat meals of locust and those camps, including possibly using a U.N.- Without objection, it is so ordered. animal fodder. This is in Afghanistan. sanctioned military force drawn primarily The Senator from Minnesota. Five million people inside this coun- from Arab nations. try are threatened by famine, accord- Osama bin Laden is not a native of Afghan- f ing to the United Nations. As President istan, but of Saudi Arabia. Most Afghans do THANKING SENATOR BYRD Bush made clear, we are waging a cam- not support bin Laden. Instead, ninety per- Mr. WELLSTONE. Mr. President, be- paign against terrorists, not ordinary cent of the Afghan people are subsistence farmers struggling simply to grow enough fore Senator BYRD leaves the Chamber, Afghans—I think that is an important food to stay alive. War widows, orphans, and I also want to thank him for his service distinction to make—who are some of thousands of others in the cities are depend- to the Senate and the country. I am the poorest and most beleaguered peo- ent upon international aid to survive. annoyed with myself for not having ple on the planet and who were actu- Now, anticipating military strikes by the thought that we should have as a part ally our allies during the cold war. U.S. hundreds of thousands of Afghan civil- of the RECORD the difference between Any military action by our country ians are on the move, fleeing the cities for the language that came from the White must be targeted against those respon- their native villages or for the borders. Ac- sible for the terror acts and those har- cording to the U.N. High Commissioner for House and the resolution that we Refugees, nearly 20,000 have gathered at one passed. It is so important that that be boring them. And we must plan such Pakistani border crossing alone. The U.N. part of the RECORD. action to minimize the danger to inno- says it is the most tense border point in the I say to my colleague that up until cent civilians who are on the edge of world, with thousands of people out in the about 1 o’clock in the morning, I did starvation. open, exposed to scorching days and frigid

VerDate 11-MAY-2000 01:44 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.031 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9955 nights. Kandahar, the spiritual seat of the HELP is Health, Education, Labor, and ‘‘the selflessness of these men and Taliban, is said to be ‘‘half empty.’’ Those Pensions—hearing on this topic last women [of the New York Fire Depart- who are left behind are the most vulner- week. I am grateful to Senator WARNER ment] is what made them heroes, but able—the elderly, orphans, war widows, and for his invitation at the hearing to it’s also what brings me to these hear- the mentally and physically disabled. Inside Afghanistan, the U.N.’s World Food have some suggestions about some ings today to urge your approval of Programme (UNWFP) aid—much of it U.S.- mental health initiatives that could be funds to provide for the psychological donated wheat—is the sole source of food for part of this DOD authorization. Sen- and counseling need of our members millions. After the attacks on September ator WARNER is to be commended for and their families. As we get further 11th, the UNWFP was forced to pull out. It his recognition that there does need to away from the events of that day, the left two weeks of food stocks to be adminis- be some legislation that responds to officers, firefighters, fire marshalls, tered by local U.N. staff, but Taliban offi- the short-term and long-term needs of emergency medical technicians and cials last Monday broke into the U.N. com- people who have been affected by these paramedics, will have to cope with de- pound and stole thousands of tons of grain. Under intense international pressure, the tragic events. layed reactions to the trauma they ex- UNWFP has announced it will resume ship- Many Senators are working on this perienced. And from day one, the men ments of grain to Afghanistan. Yet how it issue, and I am sure the Presiding Offi- and women of the New York Fire De- will be distributed is uncertain, as the cer, the Senator from New Jersey, is partment and the families of those who Taliban has severed contact between inter- one of them. I am pleased to also do were lost have had to endure a tremen- national aid groups and their Afghan staffs, this work. dous sense of grief.’’ She said, ‘‘The and taken over many of their facilities. To I want to talk a little bit about some emotional well-being of our depart- get needed aid in, and slow the outflow of Af- of the witnesses. Carolyn Pfeffer, who ment requires intervention to provide ghan refugees driven by a lack of food at is a child psychiatrist at New York home, the Pakistani government should im- stress debriefing, bereavement coun- mediately relax its border restrictions University, noted that in retrospect seling, and continued psychological enough to allow the flow of food and other what should really have been in place support of our members, our families, humanitarian aid into Afghanistan, while was a plan and a program in every and the children affected by this maintaining border security. school for how to respond to the dis- event.’’ There is no easy solution to this building aster, along with prompt and effective Dr. Carol North pointed out that 2 crisis, and yet our government must aggres- public education for parents to help years after the Oklahoma City bomb- sively seek solutions to the critical needs of them understand how to talk to their ing 16 percent of children 100 miles Afghan civilians. As one of its most urgent children—in other words, she was say- tasks, the United States must do its part to away still reported significant shore up relief operations and help to again ing, right after September 11. posttraumatic stress memories related get aid flowing to refugees now. We also She said that what is needed now is to it. must prepare for an already critical situa- ‘‘aggressive work to identify children We know one thing for sure: It is a tion to worsen as Afghanistan heads into its who have suffered the most severe mistake to believe that such events, of notoriously harsh winter. We must prepare stress; training of mental health pro- September 11 and after, cannot have a now for huge numbers of refugees and hu- fessionals in how to respond to the lasting impact on the mental health of manitarian problems in the aftermath of unique needs growing out of events of those men, women, and children who military strikes, repositioning in the region this kind; government funding and have experienced them. We should not the people and resources needed to deal with it. leadership to assure resources are repeat the mistakes that were made in The U.N. and several privately-funded aid available to these children who need the aftermath of the Vietnam war groups are working frantically to set up new help.’’ when the trauma experienced by vet- camps and bring in supplies and personnel to She said we must do all we can to erans was ignored and trivialized until sites along the border. And yet, developing a prepare for the unprecedented strain on well after the optimal time for treat- stronger response to a massive outflow of Af- our mental health system and to as- ment was passed. ghans into Pakistan is sure to put pressure sure that private insurers will encour- We have learned from the out- on already over-burdened camps, and by ex- age appropriate treatment rather than standing research which has been fund- tension Pakistani resources and patience. establishing artificial limits on what Pakistan is already host to over a million ed by the VA and the NIMH of the se- refugees from Afghanistan; 170,000 came as a we can provide for people. verity of the disorder and the effective result of recent drought in Afghanistan. Oth- Dr. Spencer Eth, the vice-chairman ways it can be treated. ers fled earlier and have been in Pakistan for of the department of psychiatry at St. Let me summarize the case for this years. Vincent’s hospital in New York, also amendment of which Senator WARNER The United States must do everything it spoke at the hearing. St. Vincent’s was and others have been so supportive. Let can now to alleviate the suffering of ordi- the hospital where the largest number us give respect for what people have ex- nary Afghan civilians. We have agreed to of victims of the attack are being perienced and help them deal with this participate in U.N. efforts to raise quickly treated. Dr. Eth is also a nationally almost $600 million in aid funds, a number now in a manner which is appropriate likely to grow. We should be leading that ef- recognized authority on the psycho- to their individual needs. Let us help fort, including by contributing substantially. logical effects of traumatic event. He those families who have survived the The U.S. and our allies cannot afford to be gave moving testimony about his expe- loss of a loved one and may also now be indifferent to this humanitarian crisis, espe- riences with providing treatment for dealing with preparations for a funeral cially as we seek to build a coalition of mod- emergency workers, and he said, or memorial without ever receiving erate Arab and non-Arab Muslims around the ‘‘Never before have the gaps in the any remains of their loved one. globe for our anti-terror efforts. If a humani- mental health system been more appar- Let us recognize that traumatic grief tarian catastrophe in Afghanistan is attrib- ent.’’ He urged the committee to recog- is real and has unique features that go uted to our military operations, it will weak- en international support for our fight nize that ‘‘the magnitude of the beyond our usual understanding of against terrorism, and may even make the public’s need for traditional therapies, death and loss. Let us help the emer- American people more vulnerable in the end. outreach to schools, businesses, and gency workers who stretched their bod- f communities . . . is unprecedented. ies and minds to deal with this horror . . . He stated, ‘‘We must obtain the and lost so many of their friends and MENTAL HEALTH RESPONSE funding required to reach everyone at colleagues as well. Mr. WELLSTONE. Mr. President, I high risk and everyone who is already Let us help those who escaped with rise in this Chamber to talk about the suffering, regardless of health cov- their lives but now suffer from serious extraordinary mental health needs of erage, language barriers, and physical injuries and many other losses of their the American people, and especially disabilities.’’ own. Let us help those who made it out people of New Jersey, New York, Vir- Dr. Kerry Kelly gave what was prob- safely but who feared for their lives ginia, Washington, DC, and Pennsyl- ably the most searing testimony about and witnessed such horror and are now vania in the aftermath of the Sep- her own experiences with her onsite dealing with the multiple losses of tember 11 attacks. work as chief medical officer of the friends, families, colleagues, and their I thank Senator KENNEDY for holding New York Fire Department, minutes jobs. And let us help the children who an extraordinary HELP Committee— after the attacks. She testified that, must now try to understand what they

VerDate 11-MAY-2000 00:33 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.010 pfrm02 PsN: S01PT1 S9956 CONGRESSIONAL RECORD — SENATE October 1, 2001 saw, what they have lost, what their One or two Senators objected. I am October. Reebaire’s fate is directly re- parents and teachers are going disappointed to say the least. We could lated to the terrorist attacks because through, and what the world means, have had this legislation on the floor. eighty percent of its business was while we all struggle to do the same We could have had debate and some based on maintenance contracts with and try to regain our sense of safety. amendments, and it would have passed. commercial air carriers who have can- I am not saying that mental illness is The legislation did two things: It celled future work orders with widespread or an inevitable con- ended all discrimination in coverage. It Reebaire indefinitely. sequence of the event. But after hear- is civil rights legislation. It just says Again, I commend my colleague for ing from the experts at this hearing, no longer can any health care plan her efforts on behalf of our Nation’s we should not underestimate the severe treat someone who is struggling with working families. impact of September 11 on people’s this kind of mental illness differently Mrs. CARNAHAN. I appreciate the sense of identity and safety and how than someone who is struggling with support of my friend from Arkansas the multiple losses and horrific experi- any other kind of illness. and I am honored to add her name as a ences they went through have the po- My God, this is 2001. It is long over- cosponsor of my legislation. As I ex- tential to affect them for a long while. due. plained to the Senator earlier, it is cer- Let me talk a minute about The second thing I want to say—I tainly my intent to cover dislocated posttraumatic stress syndrome which will not try to put one agenda on top of employees of companies that contract can have such lasting effects on the another, but I want colleagues to know directly with commercial air carriers minds and hearts of those who suffer that the second thing that happens for maintenance and related services if from it. Here I draw from some experi- from this legislation—which is why it the employees lose their job because of ence because a lot of my work, espe- is so important—is that the treatment the September 11 terrorist attacks. cially back in Minnesota, is with Viet- follows the money. When plans now f nam vets who are struggling with provide coverage, you then see an in- CONCLUSION OF MORNING PTSD. We know from research that the frastructure in our country which BUSINESS brain chemistry can be altered by such doesn’t exist now as it should to pro- experiences, and we know that the day- vide the care for people. Kay Jamison, The PRESIDING OFFICER. Morning to-day struggle to deal with the fright- who has done brilliant work and writ- business is now closed. ening flashbacks, intrusive thoughts, ing in this area, said, ‘‘The gap be- f loss of sleep and many other symptoms tween what we know and what we do is NATIONAL DEFENSE AUTHORIZA- can lead to severe problems and an in- lethal.’’ TION ACT FOR FISCAL YEAR 2002 ability to function if left untreated. There is September 11, and there are I will never forget a letter from a 10- all kinds of people trying to deal with The PRESIDING OFFICER. Under year-old girl in Pope County, MN, who this trauma. There are all kinds of the previous order, the Senate will now told me that her daddy was a Vietnam other men, women, and children who resume consideration of S. 1438, which vet. He went into the shower in the don’t get the care they need. This is a the clerk will report. The assistant legislative clerk read morning. He had been doing fine. This piece of legislation that has some ur- as follows: was many years later, about 4 years gency. There is no reason to delay any ago. She said: My dad came out of the longer. One or two Senators objected. A bill (S. 1438) to authorize appropriations for fiscal year 2002 for military activities of shower and he couldn’t talk to any- I hope this will be on the floor soon, body. Please help my dad. That was the Department of Defense, for military con- and I hope we can pass it. I think the struction, and for defense activities of the PTSD from the Vietnam war. President will sign it. I think it is a bi- Department of Energy, to prescribe per- Treatment can help people with partisan effort and it is a good thing to sonnel strengths for such fiscal year for the PTSD, depression, anxiety, and a lot of do and it is the right thing to do. Armed Forces, and for other purposes. other illnesses. What we want to do I yield the floor. The PRESIDING OFFICER. The Sen- with this amendment is provide States f ator from Connecticut is recognized. $175 million in flexible ways to deal BENEFITS FOR DISLOCATED AMENDMENT NO. 1750 with the needs of the citizens. We want AIRLINE WORKERS Mr. DODD. Mr. President, I call up to have training programs for licensed my amendment No. 1750. mental health professionals. We want Mrs. LINCOLN. Mr. President, I com- The PRESIDING OFFICER. The to have expedited and increased re- mend my friend and colleague, Senator clerk will report. search funding right away so we know CARNAHAN, for her efforts on behalf of dislocated workers in the airline indus- The assistant legislative clerk read what to do. The Secretary of the De- as follows: partment of Health and Human Serv- try. I am proud to be a cosponsor of ices is authorized to set up a disaster this legislation which will benefit The Senator from Connecticut [Mr. DODD] proposes an amendment numbered 1750. research clearinghouse so that infor- thousands of workers who have or will mation can quickly be made available lose their job because of the tragic Mr. DODD. I ask unanimous consent to schools and public health agencies events on September 11. further reading of the amendment be during times of crisis. I want to say a special word of dispensed with. Funding is authorized for $50 million thanks to Senator CARNAHAN and her The PRESIDING OFFICER. Without for trauma treatment centers for staff for working with me to clarify objection, it is so ordered. adults and children to provide services that employees of maintenance sup- The amendment is as follows: for people who are exposed to such pliers to commercial air carriers are (Purpose: To extend assistance for traumas. covered under the language in the bill. firefighters) All of this will make a huge dif- This was an important point for me be- At the end of subtitle E of title X, add the ference. This came up last week. I cause of the impact the September 11 following: SEC. 1066. ASSISTANCE FOR FIREFIGHTERS. thank Senator KENNEDY for his leader- attacks has already had on aviation ship. There are a lot of us who are in- maintenance businesses in my State. Section 33(e) of the Federal Fire Preven- tion and Control Act of 1974 (15 U.S.C. volved in this effort. Senator WARNER Reebaire Aircraft, Inc. located in 2229(e)) is amended by striking paragraph (2) is one. I cannot emphasize enough to Mena, AR, is just one example of why and inserting the following new paragraphs: other Senators how important it is the dislocated worker assistance pro- ‘‘(2) $600,000,000 for fiscal year 2002. that we try to pass this package. vided for in this bill is so important. ‘‘(3) $800,000,000 for fiscal year 2003. Today, we were scheduled to bring up Prior to September 11, Reebaire Air- ‘‘(4) $1,000,000,000 for fiscal year 2004.’’. the Mental Health Equitable Treat- craft had a thriving business with 101 Mr. DODD. Mr. President, very brief- ment Act. This is legislation on which workers and was in the process of ex- ly, this amendment deals with the I have been working with Senator panding its workforce. Today, Reebaire FIRE Act, a bill which we adopted in a DOMENICI. More important than that, employs only 15 workers and the owner previous Congress, providing assistance there are 63 or 64 Senators who support has informed me that Reebaire may to departments—paid departments, vol- it. have to cease operations by the end of unteer departments, and combination

VerDate 11-MAY-2000 00:33 Oct 02, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.035 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9957 departments for equipment and the On a parochial note, if you will, some on American soil, we are going to need, like. of the first departments to respond to more than ever, our rescue services to I see my colleague from Virginia ris- the tragedy at the World Trade Center be as well equipped as they possibly ing. came from my home State of Con- can be. Mr. WARNER. Mr. President, may I necticut. I note the presence of the I have mentioned fire departments say that we worked together on this. I Presiding Officer, the Senator from and, obviously, police departments. would like to be a cosponsor of this New Jersey. I know, in fact, many of This bill covers emergency medical amendment. the people from his State as well re- teams as well, EMS services. Again, Mr. DODD. Mr. President, I ask unan- sponded to this catastrophe, the savage they responded in heroic fashion from imous consent that my colleague be attacks in New York City. I don’t need Virginia, Maryland, DC, New Jersey, added as a cosponsor. to make the case about how valuable Connecticut and, of course, New York. The PRESIDING OFFICER. Without these men and women are in the job Many of us went to ground zero in New objection, it is so ordered. they do. I think we become aware York City. Many colleagues met people Mr. DODD. Mr. President, let me that—despite our traditional thinking from their States, firefighters from take a second and commend our two about fire departments, with sort of North Carolina, Colorado, California— colleagues from Michigan and from the Dalmatian dog in the front seat people who responded from across this Virginia, the Chairman and Ranking and responding to the residential or country to be in New York to assist Member. Only a few months ago, those small business fire—today they are those departments that had lost more roles were reversed; the chairman was asked to become basically soldiers. The than 350 of their brothers and sisters. from Virginia and the ranking member distinction between what they do and So this is a national issue. It directly was from Michigan. This is a great what the men and women in military relates to the security of our country. team which has done a tremendous job. uniforms do—the lines are becoming We do not send our soldiers into battle It is sort of a seamless garment in blurred somewhat here. No greater without the training and equipment many ways, in terms of their leader- piece of evidence can I offer than that they need. We can no longer abide a ship on national security issues as the which occurred on September 11. system that would send firefighters to chairman and ranking members of the Some may say: What are you doing do their jobs without the proper train- Armed Services Committee. offering a fire amendment on the De- ing or equipment that they need. I want to take a moment to com- partment of Defense authorization? Last year, Congress passed the Fire mend them both for the spectacular job One, this is where the bill was born. As Fighter Investment and Response En- they have done over the last 21⁄2 weeks a result of the leadership of the two hancement Act as an amendment to since the great tragedy on September men I have mentioned already. This the Department of Defense authoriza- 11. Not only have they led in terms of bill became law in conference. I offered tion bill. Again, without CARL LEVIN moving their committee product along the bill here, but without them this and offering us an opportunity to do and JOHN WARNER, the equipment some bill would not have become the law of of these departments received would something very constructive and posi- the land. In a sense, now to extend the tive in responding to the events of Sep- not have happened. So I offer the authorization over the next several amendment again on this bill not be- tember 11, but also in their public com- years with a relatively small amend- mentary on this issue both here on the cause this is the only opportunity. In a ment for this fiscal year, increasing sense, this is a national security issue, floor of the Senate as well as in the over the next 3 years so that we can public forums. The Senator from a new national security, a new defini- provide assistance to these depart- tion of what we are talking about. Michigan, CARL LEVIN, and the Senator ments, I think is critical and impor- At that time, we authorized 2 years from Virginia, JOHN WARNER, have tant. truly lived up to the spirit of those who With that, let me explain what is in of appropriations under the FIRE Act. in other times of crisis have led with- the bill. Many of us in the Senate and Unfortunately, the levels of authoriza- out partisanship and with a sense of in the Congress have long understood tion did not anticipate the new threats unity. I think it has been reassuring to that America’s firefighters make ex- that have become apparent in recent the American public to have both of traordinary contributions to their weeks. them in the positions they are in. communities. But on September 11, of Last year, Congress appropriated $100 On the subject at hand, I have 15 course, we got a glimpse of a larger million to provide grant funding under minutes, so I will try to be brief. I role these men and women of the fire the FIRE Act to departments across thank the Senator from Michigan and service play. The national security role the Nation. The Federal Emergency the Senator from Virginia for being of firefighters has become readily ap- Management Administration recently supportive of this effort. In fact, in parent to all in this country. reported that it received grant applica- many ways, without their leadership On the morning of September 11, the tions from nearly 20,000 local fire de- and support on this very matter, we men and women of the New York City partments. The total amount of fund- would not have ever adopted the FIRE Fire Department came to the aid of the ing requested by these departments is Act. entire Nation. They charged in to res- nearly $3 billion. That is the existing Very simply put, this legislation al- cue people from every region of our need. lows for fire departments across this country and more than 40 nations We appropriated $100 million, but country—some 30,000 of them, paid vol- around the globe. Those firefighters there were $3 billion in requests from unteers and combined departments—to raced into that building to save the 20,000 departments across the Nation. seek Federal grants for training and lives of people trapped in those two Today these firefighters are not just equipment to assist them in doing a towers. On the same morning, fire- racing with the old hook and ladder better job in responding to tragedies in fighters from Virginia, Maryland, and down the old country lane to put out our local communities. District of Columbia became domestic the barn fire. They are dealing with I don’t need to make this case. I sup- defenders, responsible for coordinating toxic waste, toxic substances, some of pose I could end my remarks there. a response to an attack on the head- the most dangerous material in the There is not a single person in this quarters of our armed services, the world, and they are going to be called country who is not aware of the heroic Pentagon itself. on, unfortunately, to deal with more of efforts of our fire departments, not If there was ever any question that it in the years ahead. Therefore, they only within the city of New York, the firefighters who wear the uniforms need the support this amendment will which, of course, suffered the greatest of local agencies are from time to time offer them. tragedy when it came to the loss of called upon to serve as partners with Last year, there was about $2.8 bil- life, not only of civilian populations the men and women who wear the uni- lion of unfunded requests under the but also firefighters, but also here in form of the U.S. military, those ques- Fire Grant Program. I do not think we the Nation’s Capital and the depart- tions I think have been laid to rest for- can afford to have that level of unmet ments in Virginia, Maryland, and the ever. The sad new reality is that when needs this year or ever again for that District of Columbia. terrorists target civilian populations matter. This amendment will assure

VerDate 11-MAY-2000 02:23 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.037 pfrm02 PsN: S01PT1 S9958 CONGRESSIONAL RECORD — SENATE October 1, 2001 the continuation of the Fire Grant Pro- leagues will support it. My hope is that has been the leader in the effort to pro- gram. It will increase the Federal Gov- we will complete action and leave the vide these resources for our valued fire- ernment’s commitment to a level I RECORD open so others who may want fighters whose amazing contributions think is appropriate in light of recent to comment on this can. were so dramatically demonstrated on events and the continuing threat to the I have dedicated this amendment to September 11. The Senator from Con- safety of the American public. the men and women who lost their necticut has been the leader in this ef- Under current law, authorization for lives in the fire departments on Sep- fort. The contribution which I have the fire program terminates at the end tember 11. There are a lot of ways they made to his effort is small indeed com- of fiscal year 2002. This amendment can be memorialized and communities pared to what he has been able to put would extend the authorization period are doing that across the country. If forward with his leadership. until the end of the fiscal year 2004. you talk to your local departments, I can only say in amazement that as Further, the current law only author- there is no better way to memorialize powerful a speaker as the Senator from izes about $300 million for the fiscal them than to see to it future fire- Connecticut always is, somehow mirac- year 2002. This amendment would au- fighters have the equipment and train- ulously, despite the fact he is up half thorize an appropriation of up to $600 ing they will need. the night changing diapers for his million for the purchase of emergency Hopefully, they will not have to use daughter Grace, he is more powerful response equipment and training. it. Hopefully, they will never have to and more passionate than ever. That The amendment would also authorize face what New York City or Northern says something about fatherhood. I up to $800 million in 2003 and up to $1 Virginia faced with the attack on the congratulate him not only on his argu- billion in 2004. To put it in perspective, Pentagon, but if it occurs, I want to be ment and tell him I am proud to be a the COPS Program, which most of us able to say that this Congress and this cosponsor of his amendment, but I endorse and support, is around $11 bil- Chamber provided them the tools and again congratulate him on his wonder- lion. We are taking about $1 billion for training necessary to respond to those ful new family addition. firefighters and some 30,000 depart- tragedies; that we were not so short- The PRESIDING OFFICER. The Sen- ments across the country. sighted that we did not understand the ator from Virginia. None of us have ever suggested par- new world we entered as a result of the Mr. WARNER. Mr. President, I add ity, although one might make a case in attacks on our country only 2 weeks my commendations to our good friend light of the events of September 11 con- ago. and colleague. All too often in reflect- sidering what these men and women Again, I urge the adoption of this ing on September 11, we, of course, have to deal with, the materials they amendment. This is one area where I focus on the magnitude of the tragedy grapple with, and the training they are know there are likely to be remaining in New York and, indeed, in my State, going to need. We have not asked for issues, as I said, to be discussed. But as but we should include Pennsylvania. that. It is the authorization levels I we continue to identify critical staff- Mr. DODD. Yes, we should. mentioned increasing through the year ing needs and better ways to structure Mr. WARNER. The firefighters are a 2004. the Federal Government’s partnership band of brothers and sisters, as it was There may remain other improve- with local firefighters, I will be looking made very clear to me, wherever they ments, by the way, that could and to Chairman HOLLINGS and Senator are in those States, particularly those should be made to our emergency re- MCCAIN and the Commerce Committee three impact areas. I visited the Pen- sponse infrastructure. I intend to work to continue to provide leadership in tagon not more than 3 or 4 hours after very closely with the Commerce Com- this area. the plane flew into it, and I will have mittee. This is naturally and normally There is no shortage of bravery further remarks. I see our distin- a matter under the jurisdiction of the among the men and women of Amer- guished colleague from North Carolina Commerce Committee. I express my ica’s fire service. Even when commer- wishes to address another matter for a gratitude to FRITZ HOLLINGS, our col- cial air travel was completely shut few minutes, and then I will regain the league from South Carolina, and JOHN down, public safety workers from as far floor. MCCAIN, the Senator from Arizona, away as Chicago and Texas made their Mr. DODD. If my colleague will yield, who, not unlike Senator LEVIN and way to New York and the Pentagon to let these remarks reflect as well, he is Senator WARNER, have been chair and lend their assistance. We have seen absolutely correct. We focus on New ranking member back and forth. that public safety personnel are ex- York, the World Trade Center, and the Last year, with their support, we traordinary people. They put the needs Pentagon. He is absolutely correct the adopted the amendment as part of the of others before their own interests and people of Pennsylvania, those who lost DOD authorization bill. I am grateful even before their own personal safety. their lives in that aircraft—we do not to Senator HOLLINGS for his support of During the initial rush to save people know the whole story, but many of us this amendment. They have a very im- in the burning World Trade Center suspect that the people inside that portant role to play. We have to come Towers, nobody stopped to ask: Why plane played a very heroic role, and the back at some point and start talking are you here? But if they had, the an- fact we are standing in this building about other things that can be done. swer undoubtedly would have come today debating these issues may very Given the fact we are going to be back: Because people need our help. well be because some very heroic civil- winding up this session and there are Tonight we can provide service to ian Americans stood up and took on very few vehicles available to us on those who provided help in the past by some people and saved countless other which to have an authorization matter helping them. This amendment honors lives. That mark in Pennsylvania and considered, given the history of this America’s firefighters, acknowledges those who responded to it deserve equal act and its association with the DOD the men and women who do not ask recognition. authorization bill and the direct link- why, the men and women who simply The Senator from Virginia is abso- age between better equipping the abil- do what must be done. lutely correct. ity of our fire departments across this This amendment is more than that. I see my friend from North Carolina country to deal with the new threats It is an investment in America’s secu- is about to speak, and since my friend our communities face, I think this bill rity. This will help America be pre- from Michigan raised the issue of my is an appropriate place for this amend- pared for come what may. Let the newborn Grace, I must tell the Senator ment. world be on notice that we are not from North Carolina we received some I am very grateful to all of our col- afraid, but we are also going to be pre- wonderful little gifts for new Grace and leagues for their willingness to con- pared, and we are also going to prevail. all of them are cherished, but the Sen- sider these extraordinary cir- I yield the floor. ator from North Carolina and his be- cumstances. The PRESIDING OFFICER. The Sen- loved Dot sent a little teddy bear My hope is that this evening we can ator from Michigan. which, if you extend it, it plays music. adopt this amendment on a voice vote. Mr. LEVIN. Mr. President, I com- I want to tell the Senator I will forever I am not interested in having a re- mend our dear friend from Connecticut be grateful to my colleague from North corded vote. I think most of our col- for his very passionate argument. He Carolina because I have tried all sorts

VerDate 11-MAY-2000 02:23 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.039 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9959 of ways to quiet Grace down but noth- I referred to the bill that we put in last art equipment; to acquire additional ing works like that little music box. I year in the Senate Armed Services firefighting equipment, including thank the Senator immensely for that Committee, known as the Floyd D. equipment for communications and token and gesture, and I thank his Spence national defense authorization monitoring; to acquire personnel pro- lovely wife as well. I say to my col- on page 378. These funds are to be used tective equipment, required for fire- league from North Carolina, I thought for the following purposes: to hire addi- fighting personnel, by the Occupational of him many times at 3 this morning. tional firefighting personnel; to train Safety and Health Administration and Mr. WARNER. Mr. President, I ac- personnel in fire fighting, emergency other personnel protective equipment knowledge that from time to time the response, arson, prevention, and detec- for firefighting personnel; to modify heart of the Senator from Connecticut tion or the handling of hazardous ma- fire stations, fire-training facilities, needs to be quieted so we are going to terials; or to train firefighting per- and other facilities to protect the bring that little teddy bear to the floor sonnel to provide any of the training health and safety of firefighting per- to calm him down on some other mat- described in this subparagraph. sonnel; to enforce fire codes; to fund ters. There is no greater threat facing this fire prevention programs; to educate Mr. LEVIN. If the Senator from Nation today than weapons of mass de- the public about arson prevention and North Carolina will yield, we now have struction, and as we listened to the detection; or to provide incentives for two ways of closing debate a little very able work being done by the At- the recruitment and retention of vol- more promptly and in unique ways. torney General of the United States unteer firefighting personnel for volun- One is with TED KENNEDY’S dog, which and others in connection with the cri- teer firefighting departments and other barks when someone goes on too long— sis of September 11, they are obligated firefighting departments that utilize usually not on the floor of the Senate— to tell this Nation that we cannot ring volunteers. and now we have a music box. So that the all clear sign, that we have many I commend our distinguished col- Chris and Jackie have the special gift problems and it could possibly include league. I am proud to be a cosponsor on from the Senator from North Carolina. weapons of mass destruction of the this important piece of legislation. The PRESIDING OFFICER (Mr. HOL- type of chemical or biological. It is dif- Mr. DODD. I thank my colleague LINGS). The Senator from Connecticut. ficult for me to enunciate that in this from Virginia for his eloquent com- Mr. DODD. Mr. President, I ask unan- Chamber. That is precisely what these ments and remarks. He has made a imous consent that the Senator from funds are to be used for, to train fire- strong statement on the value of this South Carolina, Mr. HOLLINGS, be fighters. They are oftentimes both pro- amendment and the contribution it has added as a cosponsor to the fire act fessional and volunteer. I thank my made. amendment. colleague. As I pointed out in my remarks, we The PRESIDING OFFICER. Without Last year, I remember, we wanted to put in $100 million a year ago and we objection, it is so ordered. give parity with the professional volun- had over $3 billion worth of grant re- Mr. WARNER. I ask unanimous con- teer. That has been done. They are the quests from 20,000 departments across sent that this important colloquy first on the scene. Unless they have the country. We are not going to sat- about the Chairman of the Joint Chiefs some training to make an assessment isfy all of that, even if there is a full of Staff be printed in today’s RECORD right away, they themselves could be- appropriation to equal the authoriza- separate from the presentation by the come victims of a chemical or biologi- tion amounts here, but it can make a Senator from Connecticut. cal attack and their services would be difference for these people. Mr. DODD. If my colleague will yield incapacitated, depending on the prob- My office spoke with Senator further, he might want to ask unani- lem. That training is included. It is im- MCCAIN’s office and I ask unanimous mous consent that others might be portant. consent Senator MCCAIN be listed as a able to join with Senator HELMS in There are funds to protect fire- cosponsor of this amendment. He has commending Hugh Shelton. I am not a fighting personnel at the scenes of fire no objection to this amendment being member of the committee, but all of us and other emergencies. In New York adopted. I urge we agree to the amend- at one time or another have had deal- City there was tremendous personal ment by voice vote. Perhaps others ings with him, even though he is re- risk in these situations trying to ex- may want to be heard. sponsible to responding to the Armed tract survivors and yet at the same Mr. WARNER. I accept, certainly, Services Committee. This is a remark- time confronted with a weakened the statement by the Senator. I under- able public servant, Hugh Shelton, and structure, smoke, and all types of stand Senator MCCAIN still has this he is going to be missed. He has a won- things. They themselves could be matter under advisement. derful successor. I do not know him as trapped. Special training is required Mr. DODD. He told me he wants to be well as I know General Shelton, but on for extricating the firemen as well as a cosponsor so we will do that much, behalf of those not on the committee the remaining victims. anyway. but who have watched him and talked Other uses of the funds: I ask unanimous consent Senator to him and called him from time to To certify firefighters, to establish MCCAIN be added as a cosponsor. time, this is truly a great citizen, and wellness and fitness programs for fire- The PRESIDING OFFICER. Without I wish to add my thoughts and com- fighting personnel, to ensure that the objection, it is so ordered. ments about his contribution to our firefighting personnel can carry out (Mr. DODD assumed the cChair.) country as well. their duties—there are tremendous ar- The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I so duous, physical requirements for the ator from South Carolina. modify my UC, and I ask unanimous men and women who bravely wear the Mr. HOLLINGS. Mr. President, I consent that the statements made in uniforms of firefighters; to fund emer- commend the distinguished Presiding the Chamber today and otherwise in re- gency medical services provided by fire Officer of the Senate, the Senator from gard to the distinguished former Chair- departments—more and more often, Connecticut, for his leadership on fire- man be printed in today’s RECORD in they are the first on the scene to fighting issues. one place by the close of business render the basic necessities of medical As Governor of South Carolina some today. care and to save lives; to acquire addi- years back, I helped to establish the The PRESIDING OFFICER. Without tional firefighting vehicles, including Firefighting Institute in my State. I objection, it is so ordered. firetrucks. We all have romance about have always been interested in these (The remarks of Mr. HELMS, Mr. the firetrucks. I know some of the vol- issues and I continue to admire the WARNER, Mr. LEVIN, and Mr. EDWARDS unteer groups in my State kept the old bravery of our firemen. When I came to are printed in today’s RECORD under truck to remind them of the need to the Senate in the late 1960s during the ‘‘Morning Business.’’) get a new truck, but they never seem civil rights era, protestors would pull Mr. WARNER. In regard to the pend- to discard the old truck. In times of the fire boxes during demonstrations. ing amendment by the Senator from the parade, the old truck comes out When the firemen came to the scene Connecticut, I think it is important to and everybody is proud to see it again. where the alarm was given, they were show how these funds are being spent. However, we have to get state-of-the- shooting the firemen. We lost several

VerDate 11-MAY-2000 02:19 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.042 pfrm02 PsN: S01PT1 S9960 CONGRESSIONAL RECORD — SENATE October 1, 2001 firemen as a result of this. At the time, Mr. WARNER. I wish to join my dis- property to be conveyed under subsection (a) there was a $50,000 benefit for the FBI tinguished chairman in commending shall be determined by a survey satisfactory and law enforcement personnel, but the hard work of our staff over the to the Administrator. The cost of the survey none, whatsoever, for the Federal fire- course of Friday, Saturday, Sunday, shall be borne by the City. fighters. So we amended that in our and today, working on this package. It (c) REVERSIONARY INTEREST.—During the committee to make sure we took care is well known to all members of the 20-year period beginning on the date the Ad- ministrator makes the conveyance under of the firefighters and their families. committee what is included in the The current initiative before us that subsection (a), if the Administrator deter- amendments. Therefore, the amend- mines that the conveyed property is not Senator DODD first presented last year, ments have been cleared on our side. being used and occupied in accordance with is something firefighters around the The PRESIDING OFFICER. The such subsection, all right, title, and interest country are looking for. We in govern- question is on agreeing to the amend- in and to the property, including any im- ment shortchange some, when it comes ments. provements thereon, shall revert to the to prisons, when it comes to law en- The amendments Nos. 1793 through United States. Upon reversion, the United forcement, when it comes to fire- 1808 were agreed to, en bloc, as follows: States shall immediately proceed to a public sale of the property. fighters. It has been my experience AMENDMENT NO. 1793 (d) ADDITIONAL TERMS AND CONDITIONS.—(1) over the years of service that we take (Purpose: To authorize, and authorize the ap- The property shall not be used for commer- these public services for granted when propriation of, $8,000,000 for military con- cial purposes. it comes to funding. struction for the Air Force for airfield re- I guess my frustration with this ne- pairs at Masirah Island, Oman) (2) The Administrator may require such additional terms and conditions in connec- glect is an outcome of growing up and In section 2301(b), in the table, insert after tion with the conveyance under subsection the item relating to Osan Air Base, Korea, coming along during the days of the (a) as the Administrator considers appro- the following new item: Depression when anybody was glad to priate to protect the interests of the United get any kind of job. The fact is, law en- Oman ...... Masirah Island $8,000,000 States. forcement officials and firefighters In section 2301(b), in the table, strike the SEC. . TREATMENT OF AMOUNTS RECEIVED. have historically been underpaid. We item identified as the total in the amount Any net proceeds received by the United cannot accept this any longer. We can column and insert ‘‘$257,392,000’’. States as payment under subsection (c) of see the courage displayed in New York, In section 2304(a), in the matter preceding paragraph (1), strike ‘‘$2,579,791,000’’ and in- the previous section shall be deposited into and the magnificent sacrifices made. the Land and Water Conservation Fund. Mr. WARNER. I say to the distin- sert ‘‘$2,587,791,000’’. In section 2304(a)(2), strike ‘‘$249,392,000’’ guished chairman, Senator MCCAIN has and insert ‘‘$257,392,000’’. AMENDMENT NO. 1796 now indicated he joins in full support (Purpose: To increase by $22,700,000 the of this measure, so I am prepared to AMENDMENT NO. 1794 agree to the amendment, with the dis- amount for the Air Force for missile pro- (Purpose: To authorize the Secretary of the curement for the nuclear detonation detec- tinguished Presiding Officer in the Navy to acquire land for the Harvey Point tion system program, and to provide an chair; is that agreeable? Defense Testing Activity in Hertford, offset) Mr. HOLLINGS. If it is agreeable North Carolina) On page 18, line 14, increase the amount by here. At the end of subtitle C of title XXVIII, $22,700,000. The PRESIDING OFFICER. The Pre- add the following: On page 23, line 12, reduce the amount by siding Officer is very content for that SEC. 2827. LAND ACQUISITION, PERQUIMANS $22,700,000. to occur. COUNTY, NORTH CAROLINA. The Secretary of the Navy may, using The question is on agreeing to the funds previously appropriated for such pur- AMENDMENT NO. 1797 amendment. pose, acquire any and all right, title, and in- The amendment (No. 1750) was agreed terest in and to a parcel of real property, in- (Purpose: To make permanent the authority to. cluding improvements thereon, consisting of to provide transitional health care for Mr. WARNER. I move to reconsider approximately 240 acres, or any portion members of the Armed Forces who are in- voluntarily separated, and to extend eligi- the vote by which the amendment was thereof, in Perquimans County, North Caro- lina, for purposes of including such parcel in bility for transitional health care under agreed to. that authority to mobilized members of Mr. HOLLINGS. I move to lay that the Harvey Point Defense Testing Activity, Hertford, North Carolina. the reserve components) motion on the table. On page 235, between lines 15 and 16, insert The motion to lay on the table was AMENDMENT NO. 1795 the following: agreed to. (Purpose: To provide for the conveyance of SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- (Mr. HOLLINGS assumed the Chair.) the excess Army Reserve Center in BERS SEPARATED FROM ACTIVE Mr. LEVIN. Talk about a seamless Kewaunee, Wisconsin) DUTY. transition, as the Senator from Con- At the appropriate place in the bill insert (a) PERMANENT AUTHORITY FOR INVOLUN- necticut said, this is a seamless transi- the following sections: TARILY SEPARATED MEMBERS AND MOBILIZED tion of the Presiding Officers. SEC. . LAND CONVEYANCE, ARMY RESERVE CEN- RESERVES.—Subsection (a) of section 1145 of The PRESIDING OFFICER. All TER, KEWAUNEE, WISCONSIN. title 10, United States Code, is amended— working together. (a) CONVEYANCE REQUIRED.—The Adminis- (1) in paragraph (1), by striking ‘‘paragraph trator of General Services may convey, with- (2), a member’’ and all that follows through AMENDMENTS NOS. 1793 THROUGH 1808, EN BLOC out consideration, to the City of Kewaunee, ‘‘of the member),’’ and inserting ‘‘paragraph Mr. LEVIN. I ask consent it be in Wisconsin (in this section referred to as the (3), a member of the armed forces who is sep- order to send 16 amendments to the ‘City’), all right, title, and interest of the arated from active duty as described in para- desk, and I ask they be considered en United States in and to a parcel of Federal graph (2)’’; bloc. I understand these amendments real property, including improvements (2) by redesignating paragraph (2) as para- have been cleared by the other side. thereon, that is located at 401 5th Street in graph (3); (3) by inserting after paragraph (1) the fol- The PRESIDING OFFICER. The Kewaunee, Wisconsin, and contains an excess Army Reserve Center. After such convey- lowing new paragraph (2): clerk will report. ance, the property may be used and occupied ‘‘(2) This subsection applies to the fol- The legislative clerk read as follows: only by the City, or by another local or lowing members of the armed forces: The Senator from Michigan [Mr. LEVIN], State government entity approved by the ‘‘(A) A member who is involuntarily sepa- for himself and Mr. WARNER, proposes City. rated from active duty. amendments numbered 1793 through 1808, en (b) DESCRIPTION OF PROPERTY.—The exact ‘‘(B) A member of a reserve component who bloc. acreage and legal description of the real is separated from active duty to which called

VerDate 11-MAY-2000 04:13 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.045 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9961 or ordered in support of a contingency oper- the purpose of furthering public awareness of port on the assessment conducted under sub- ation if the active duty is active duty for a the Navy and its mission. It does not include section (a) during the preceding year. Each period of more than 30 days. civilians conducting official business. report shall include the results of the assess- ‘‘(C) A member who is separated from ac- ment covered by such report, together with tive duty for which the member is involun- AMENDMENT NO. 1800 such findings and recommendations as the tarily retained under section 12305 of this (Purpose: To express the sense of the Senate Secretary considers appropriate.’’. title in support of a contingency operation. on defense burdensharing by allies of the (b) CLERICAL AMENDMENT.—The table of ‘‘(D) A member who is separated from ac- United States) sections at the beginning of that Act is tive duty served pursuant to a voluntary At the end of subtitle B of title XII add the amended by inserting after the item relating agreement of the member to remain on ac- following: to section 662 the following new item: tive duty for a period of less than one year in SEC. 1217. ALLIED DEFENSE BURDENSHARING. ‘‘Sec. 663. Annual assessment and report on support of a contingency operation.’’; and It is the sense of the Senate that— vulnerability of facilities to (4) in paragraph (3), as redesignated by (1) the efforts of the President to increase terrorist attack.’’. paragraph (2), is amended by striking ‘‘invol- defense burdensharing by allied and friendly untary’’ each place it appears. nations deserve strong support; AMENDMENT NO. 1804 (b) CONFORMING AMENDMENTS.—Such sec- (2) host nation support agreements with (Purpose: To eliminate a restriction on the tion 1145 is further amended— those nations in which United States mili- (1) in subsection (c)(1), by striking ‘‘during use of certain vessels previously authorized tary personnel are assigned to permanent to be sold) the period beginning on October 1, 1990, and duty ashore should be negotiated consistent ending on December 31, 2001’’; and with section 1221(a)(1) of the National De- On page 396, between lines 13 and 14, insert (2) in subsection (e), by striking the first fense Authorization Act for Fiscal Year 1998 the following: sentence. (P.L. 105–85) which sets forth a goal of ob- SEC. 1217. RELEASE OF RESTRICTION ON USE OF (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) taining financial contributions from host na- CERTAIN VESSELS PREVIOUSLY AU- Section 1074b of title 10, United States Code, tions that amount to 75 percent of the non- THORIZED TO BE SOLD. is repealed. personnel costs incurred by the United Section 3603(a) of the Strom Thurmond Na- (2) The table of sections at the beginning of States government for stationing military tional Defense Authorization Act for Fiscal chapter 55 of such title is amended by strik- personnel in those nations. Year 1999 (Public Law 105–261; 112 Stat. 2273) ing the item relating to section 1074b. is amended by striking ‘‘for full use as an (d) TRANSITION PROVISION.—Notwith- AMENDMENT NO. 1801 oiler’’. standing the repeal of section 1074b of title (Purpose: To make available $650,000 for the 10, United States Code, by subsection (c), the AMENDMENT NO. 1805 provisions of that section, as in effect before Defense Language Institute Foreign Lan- the date of the enactment of this Act, shall guage Center for an expanded Arabic lan- (Purpose: To authorize the Secretary of the continue to apply to a member of the Armed guage program) Navy to fund Department of Veterans Af- Forces who is released from active duty in At the end of subtitle D of title III, add the fairs space renovations when the Secretary support of a contingency operation before following: of Veterans Affairs makes additional land available to the Navy at Great Lakes that date. SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- EIGN LANGUAGE CENTER EX- Naval Training Center) AMENDMENT NO. 1798 PANDED ARABIC LANGUAGE PRO- At the end of subtitle A of title III, add the GRAM. (Purpose: To authorize appropriations for fis- following: Of the amount authorized to be appro- cal year 2002 for military activities of the SEC. 306. FUNDS FOR RENOVATION OF DEPART- priated by section 301(1) for operation and Department of the Defense, for military MENT OF VETERANS AFFAIRS FA- maintenance for the Army, $650,000 may be construction, and for defense activities of CILITIES ADJACENT TO NAVAL available for the Defense Language Institute TRAINING CENTER, GREAT LAKES, the Department of Energy, to prescribe Foreign Language Center (DLIFLC) for an ILLINOIS. personnel strengths for such fiscal year for expanded Arabic language program. (a) AVAILABILITY OF FUNDS FOR RENOVA- the Armed Forces, and for other purposes) TION.—Subject to subsection (b), of the At the appropriate place, insert: AMENDMENT NO. 1802 amount authorized to be appropriated by Of the funds authorized to be appropriated (Purpose: Authorization.—$3,000,000 is au- section 301(2) for operations and mainte- for section 301, $230,255,000 shall be available thorized for appropriations in section nance for the Navy, the Secretary of the for Environmental Restoration, Formerly 301(5), for the replacement or refurbish- Navy may make available to the Secretary Used Defense Sites. ment of air handlers and related control of Veterans Affairs up to $2,000,000 for reloca- systems at Keesler AFB Medical Center) tion of Department of Veterans Affairs ac- AMENDMENT NO. 1799 At the appropriate place in the bill, add tivities and associated renovation of existing (Purpose: To require a plan to ensure that the following: facilities at the North Chicago Department the embarkation of civilian guests does not of Veterans Affairs Medical Center. interfere with the operational readiness SEC. 301(5). AUTHORIZATION OF ADDITIONAL FUNDS. (b) LIMITATION.—The Secretary of the Navy and safe operation of Navy vessels) Of the amount authorized to be appro- may make funds available under subsection At the appropriate place in the bill, insert priated by section 301(5), $2,000,000 may be (a) only after the Secretary of the Navy and the following new section. available for the replacement and refurbish- the Secretary of Veterans Affairs enter into SEC.. PLAN.—The Secretary of the Navy ment of air handlers and related control sys- an appropriate agreement for the use by the shall, not later than February 1, 2002, submit tems at Air Force medical centers. Secretary of the Navy of approximately 48 to Congress a plan to ensure that the embar- acres of real property at the North Chicago kation of selected civilian guests does not AMENDMENTS NO. 1803 Department of Veterans Affairs property re- interfere with the operational readiness and ferred to in subsection (a) for expansion of (Purpose: To require an annual assessment safe operation of Navy vessels. The plan the Naval Training Center, Great Lakes, Illi- and report on the vulnerability of Depart- shall include, at a minimum: nois. ment of Energy facilities to terrorist at- Procedures to ensure that guest embar- tack) kations are conducted only within the AMENDMENT NO. 1806 framework of regularly scheduled operations On page 553, between lines 12 and 13, insert the following: (Purpose: To provide an amount for the and that underway operations are not con- training of active duty and reserve compo- ducted solely to accommodate non-official SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF DEPART- nent personnel in the management of the civilian guests, consequences of an incident involving the Guidelines for the maximum number of MENT OF ENERGY FACILITIES TO TERRORIST ATTACK. use or threat of use of a weapon of mass de- guests that can be embarked on the various (a) IN GENERAL.—Part C of title VI of the struction) classes of Navy vessels, Department of Energy Organization Act (42 Guidelines and procedures for supervising On page 65, after line 24, insert the fol- U.S.C. 7251 et seq.) is amended by adding at civilians operating or controlling any equip- lowing: the end the following new section: ment of Navy vessels, SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- Guidelines to ensure that proper standard ‘‘ANNUAL ASSESSMENT AND REPORT ON VUL- ING. operating procedures are not hindered by ac- NERABILITY OF FACILITIES TO TERRORIST AT- Of the amount authorized to be appro- tivities related to hosting civilians, TACK priated by section 301(5), $5,000,000 may be Any other guidelines or procedures the ‘‘SEC. 663. (a) The Secretary shall, on an available for the training of members of the Secretary shall consider necessary or appro- annual basis, conduct a comprehensive as- Armed Forces (including reserve component priate. sessment of the vulnerability of Department personnel) in the management of the con- Definition. For the purposes of this sec- facilities to terrorist attack. sequences of an incident involving the use or tion, civilian guests are defined as civilians ‘‘(b) Not later than January 31 each year, threat of use of a weapon of mass destruc- invited to embark on Navy ships solely for the Secretary shall submit to Congress a re- tion.

VerDate 11-MAY-2000 02:19 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.008 pfrm02 PsN: S01PT1 S9962 CONGRESSIONAL RECORD — SENATE October 1, 2001 AMENDMENT NO. 1807 support military operations in times of The motion to lay on the table was (Purpose: To authorize the acceptance of crisis. Second, there are those who are agreed to. contributions for the repair of the damage involuntarily separated. These are per- Mr. LEVIN. Mr. President, I believe to the Pentagon Reservation caused by the sonnel who are downsized after a large now we have cleared the decks of all terrorist attack on September 11, 2001 or mobilization such as the one the Presi- cleared amendments. We are hoping establishment a memorial of the attack at dent has ordered. more can be cleared yet tonight. We the Pentagon Reservation) Our military personnel need to know will be here at least for a few minutes. At the end of subtitle D of title XXVIII, that their Nation will not turn its back add the following: For the moment, I suggest the absence on them or their families. Today I offer of a quorum. SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO REPAIR OR ESTABLISHMENT MEMO- an amendment that will ensure that The PRESIDING OFFICER. The RIAL AT PENTAGON RESERVATION. they receive adequate health care when clerk will call the roll. (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— they return from active duty. The legislative clerk proceeded to The Secretary of Defense may accept con- My legislation will build off of a Gulf call the roll. tributions made for the purpose of estab- War era statute that is set to expire Mr. DODD. Mr. President, I ask unan- lishing a memorial or assisting in the repair this year. Under previous laws, invol- imous consent the order for the of the damage caused to the Pentagon Res- untarily retained and separated serv- quorum call be dispensed with. ervation by the terrorist attack that oc- icemen and women were allowed to ex- curred on September 11, 2001. The PRESIDING OFFICER. Without tend their military health care cov- (b) DEPOSIT OF CONTRIBUTIONS.—The Sec- objection, it is so ordered. retary shall deposit contributions accepted erage for a certain period of time, de- Mr. DODD. Mr. President, I ask unan- under subsection (a) in the Pentagon Res- pending on their length of service. imous consent the Senator from Mary- ervation Maintenance Revolving Fund estab- Service men and women with over 6 land, Mr. SARBANES, and the Senator lished by section 2674(e) of title 10, United years of active duty service could ex- from Maine, Ms. SNOWE, be added as co- States Code. tend their TRICARE benefit for up to sponsors of the just-adopted fire act 120 days after they separated from amendment, if I may. AMENDMENT NO. 1808 service. Those with under 6 years The PRESIDING OFFICER. Without (Purpose: To authorize payment of career would be allowed to extend their cov- objection, it is so ordered. continuation bonuses for aviation officers erage for up to 60 days after they sepa- Mr. DODD. I further ask unanimous and surface warfare officers for early com- rated from service. mitments to remain on active duty) consent that any additional Members I understand that the Department of have until the close of business today On page 192, after line 20, insert the fol- Defense was going to request re-au- lowing: to add themselves as cosponsors. thorization of this benefit in light of The PRESIDING OFFICER. Without SEC. 621. ELIGIBILITY FOR CERTAIN CAREER the current crisis. However, their re- CONTINUATION BONUSES FOR objection, it is so ordered. EARLY COMMITMENT TO REMAIN ON quest will probably not come to Con- Mr. DODD. Mr. President, if I may, I ACTIVE DUTY. gress in time to be attached to the fis- want to take just a few minutes, while (a) AVIATION OFFICERS.—Section 301b(b)(4) cal year 2002 authorization bill. It is the chairman and ranking member are of title 37, United States Code, is amended by time that we act now, in the name of striking ‘‘has completed’’ and inserting ‘‘is off the floor, to comment on some these brave soldiers, sailors, airmen, other aspects of this bill that is before within one year of the completion of’’. and Marines. But moreover, we must (b) SURFACE WARFARE OFFICERS.—Section us, the Department of Defense author- 319(a)(3) of title 37, United States Code, is expand this benefit to other critical ization bill, and to comment about a amended by striking ‘‘has completed’’ and parts of our force—reservists and na- larger measure. inserting ‘‘is within one year of the comple- tional guard members. I have filed an amendment which I Currently, when Reservists are called tion of’’. may offer. I doubt if I will, but I want up, they are temporarily considered ac- AMENDMENT NO. 1797 to talk about it, if I may. I rise to tive duty components. While they are Mrs. CARNAHAN. Mr, President, last speak about the election reform provi- in harm’s way, members of the reserves week I spoke of a group of Americans sions contained in the DOD authoriza- and national guard, and their depend- tion bill. First, let me applaud the who will be on the front lines of the ents, are entitled to the same military members of the committee for includ- new war on terrorism—reservists and health care coverage as other military national guard members. President personnel—what is called, TRICARE. ing these provisions in the DOD au- Bush has authorized the call-up of Reservists who have deployed for more thorization bill. We are all familiar with the fact that 50,000 of these citizen soldiers. than 30 days during a major contin- Together with a bipartisan group of gency may extend their military last year in the national elections Senators, I offered legislation that I health care coverage for 30 days after there were issues raised about the abil- believe would greatly support these they return. ity of our men and women in uniform brave men and women, and their fami- My amendment will provide comfort to cast ballots and have those ballots lies. This amendment would allow to thousands of military families counted. I know the Presiding Officer, those called to active duty and their whose loved ones risk their lives de- the Senator from South Carolina, who families to have access to uninter- fending our Nation. But more impor- represents major military installations rupted health care coverage. My tantly, it would be part of our national in his State, men and women from his amendment is based on legislation I in- effort to unite behind our troops during State who have served in significantly troduced with Senator DEWINE earlier this time of national crisis. high numbers, has talked about their this year. It would allow reservists re- Over 50,000 reservists may soon be right to vote. turning from deployments, to extend called into service. As President Bush At this very hour, as we are gathered their TRICARE coverage for close to himself has said, ‘‘We’re talking about here, many of them are scattered to six months or until their civilian somebody’s mom, or somebody’s dad, the four corners of the globe, pro- health insurers returned their coverage somebody’s employee, somebody’s tecting and defending the interests of to them. friend, or somebody’s neighbor.’’ our Nation. There were provisions Today, I have expanded the scope of I want to thank both Senators LEVIN adopted in the committee print which I this legislation to cover not only re- and WARNER as well as their staffs for think go a significant way toward serve components, but two other cat- their important assistance in writing minimizing the kinds of irregularities egories of military personnel who will this legislation. Together, we crafted a and problems our men and women in require help transitioning to civilian measure that will assure our service uniform witnessed last year in casting life once their active duty service has personnel that when they return home their ballots and having their ballots ended. they will not be denied health care be- counted. First, there are active duty personnel cause of their military service. As we prepare to defend our democ- who are involuntarily retained. These Mr. LEVIN. Mr. President, I move to racy, as we talk about this the most are personnel who were scheduled to reconsider the vote. significant of the bills we debate and separate from military service, but Mr. WARNER. I move to lay that mo- discuss on national security, I think it were ordered to stay on active duty to tion on the table. is vital that we also work together in a

VerDate 11-MAY-2000 02:19 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.016 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9963 bipartisan fashion to strengthen our istration procedures and vote by absen- and more particularly the next Presi- democracy at home. So I commend and tee ballot in primary, general, special, dential election in the year 2004. thank our colleagues for adding these and runoff elections for State and local To this end, I have filed my com- provisions to the Defense authorization offices; lastly, to accept and process prehensive election reform bill, S. 565, bill. any voter registration application from the Dodd-Conyers bill, as an amend- This is a new world, as we have all an absent uniformed services voter if ment to the Defense Department au- heard repeated over and over again the application is received by the State thorization act. The Rules Committee during the last several weeks. We are official not less than 30 days before the ordered this measure reported on Au- living in a new world where our very date of the election and is otherwise gust 2 by a vote of 10–0. The Dodd-Con- democracy is under assault. In fact, if valid. yers bill—the Equal Protection Voting I can quote from President Bush’s re- I fully support all of these Federal re- Rights Act of 2001—I believe, as well as cent speech to the joint session of Con- quirements. Importantly, this bill 51 of my colleagues, is the strongest gress, the reason we are under attack mandates these requirements. The bill and most comprehensive election re- is because of our democratic system. doesn’t say that it would permit any form proposal that has been introduced As the President said just a few nights State to opt out of these desperately in Congress today. For that reason, it ago: needed reforms. These are mandates. enjoys more support than any other They hate what they see right here in this The States shall do this regardless of election reform bill in both Houses. Chamber, a democratically elected govern- jurisdiction. These men and women are Some 211 Democrat and Republican and ment. Their leaders are self appointed. They serving in our Federal uniformed serv- independent Members of Congress sup- hate our freedoms: Our freedom of religion, ices. They are protecting our Nation. port this legislation. our freedom of speech, our freedom to vote Whether they are voting for a local Let me briefly describe once again to and assemble, and to disagree with each office or the Presidency of the United my colleagues what this bill will do. In other. States, we have to mandate these re- fact, it is completely consistent with Those are important statements. So quirements. the provisions contained in this DOD as we prepare to send troops possibly The chairman of the committee, the authorization bill for the men and into harm’s way, it is necessary that ranking member, and Republicans and women in uniform. we try to do everything we can to se- Democrats alike support mandated Specifically, the Dodd-Conyers bill cure for these brave men and women provisions in the context of voting creates a temporary commission to their precious freedom—the freedom to rights for uniformed services voters. study election reform issues and then vote. The only way to guarantee that such submit a report of recommendations in I can think of few more important requirements become part of the voting those areas. statements the United States could rights for uniformed services voters is It creates a grant program to States make to terrorists than to take steps in fact to mandate them and to give and localities for Federal funds to ac- to strengthen and secure the right to the States the resources they may re- quire updating voting systems and vote for all eligible Americans, and to quire to implement these provisions. technology, improve voting registra- have their votes counted. If the terror- This bill is an important and long tion systems, and educate voters and ists harbored any illusions that they overdue effort to ensure that our uni- poll workers. Lastly, it establishes three minimum would destabilize our democracy by formed services voters, regardless of Federal requirements for elections for perpetrating acts of evil against inno- race, ethnicity, disability, the lan- Federal office, effective year 2004, with cent people, our determination to guage they speak, or the resources of authorization for appropriations to pay strengthen the right to vote proves the community they live in, either for these requirements. that the terrorists are sadly mistaken. abroad or in America, have an equal The provisions of this bill help ensure These three requirements are: opportunity to cast their votes and No. 1, Federal standards for voting that right by setting uniform non- have their votes counted. systems, machines and technology; discriminatory voting standards, resi- But we also need to make sure that No. 2, provisional voting; and dency requirements, and registration when these uniformed services voters No. 3, distribution of sample ballots of balloting rights for uniformed serv- and their families return to civilian and voting instructions. ice voters and their spouses and de- life, their rights to vote remain pro- These three areas are not radical pendents. There are over 6 million men tected regardless of race, ethnicity, ideas for Federal requirements. The and women who serve in our uniformed disability, the language they speak, or Federal standards for voting machines services. These citizens put themselves the resources of the community in do not dictate what specific voting ma- on the line and are at risk every day to which they live—whether it is abroad chine ought to be used by States and protect our Nation. Yet, in some cases, or in America, in my view. localities. How people vote in Virginia, when they cast their votes, those votes Today we are ensuring in this bill the South Carolina, Connecticut, or Michi- have not been counted. This is unac- right to cast a vote and have that vote gan ought to be up to what local people ceptable. It is most appropriate that counted for our uniformed services vot- want to do; which machine; which sys- we address this inadequacy in the text ers. tem they want to have in place. We of the Department of Defense author- I see the presence of the distin- don’t decide that at the Federal level. ization measures. guished ranking member, Senator We do not use the approach of ‘‘one size I fully support these provisions which WARNER. I commend the Senator and fits all’’. On the contrary, in my bill provide for certain minimum Federal Senator LEVIN for incorporating these States are merely required to adopt the requirements for voting and registra- voting rights for our men and women Federal standards for voting systems tion. Specifically, this provision re- in uniform. and equipment governed by the Federal quires States to ensure that each vot- Before this Congress recesses for the Election Commission. At this time, ing system used within a State for year, or in the alternative, at the ear- over 36 States have voluntarily adopted elections for Federal, State, and local liest opportunity next year, I hope we these VSS standards. Those standards offices, provide overseas voters and ab- set similar minimum Federal stand- do not require specific machines or sent uniformed service voters with a ards to ensure the same opportunity software but rather specific meaningful opportunity to exercise for all eligible American voters, re- functionality and performance. For ex- their voting rights as citizens of the gardless of race, ethnicity, disability, ample, voting systems must have some United States; second, to count an ab- the language they speak, or the re- error notification functions, be acces- sentee ballot for an election for Fed- sources of the community in which sible to disabled voters, and have a ca- eral, State, or local office that is time- they live—whether it is abroad or in pacity for audit trail to avoid fraud. ly submitted by an overseas voter or America. Those basic requirements are not ter- absent uniform services voter to the We must enact such comprehensive ribly complicated. I don’t think that is proper official and is otherwise valid; election reforms while there is time to a radical idea in the 21st century. third, it permits absent uniformed affect the elections for Federal offices When you are voting for the Presi- services voters to use absentee reg- in the year 2002 to the extent possible, dency of the United States, and when

VerDate 11-MAY-2000 02:19 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.046 pfrm02 PsN: S01PT1 S9964 CONGRESSIONAL RECORD — SENATE October 1, 2001 you are voting for the national assem- or not they ought to be voluntary or it is a problem. He said something that bly, how people vote in one jurisdiction mandated. I think is true, that we ought to have affects the votes of others in other ju- In the DOD bill, we said when it as sort of a slogan on this bill that it risdictions. You are not just voting for comes to uniformed services, this is ought to be easy to vote and very dif- a local office. If you get it wrong in not a choice you have, it is mandated. ficult to commit fraud. And today it is Connecticut when voting for the Presi- If this bill is adopted, we will mandate hard to vote and maybe pretty easy to dent, then voters in South Carolina that every jurisdiction in America— commit fraud. We need to reverse that have their vote diluted because the whether you like it or not—is going to trend. outcome could affect how they cast see to it that men and women in uni- So I am hopeful he and I can work their ballots from South Carolina. form have the right to vote and their out some proposal that we can present In Presidential elections, a national vote counted. to the entire body here, possibly before Congress having minimum Federal It is not a great leap to say if it is we end this session of Congress. What a Standard that applies to all 50 States is good for uniformed services voters, it is tremendous message we could send, absolutely required. Otherwise, you also good to mandate the three basic that we are improving the voting proc- lend yourself to be open to the prob- minimum Federal requirements for all ess in this country. These requirements ability that in local areas where voters eligible voters, particularly when you that I have laid out and talked about may not be allowed to vote, or the are talking about elections of the Pres- have already been adopted by many votes can’t be counted, the overall out- idency and the National Congress? States. come is affected. That dilutes the I am not going to offer this larger The Voting systems standards have rights of other voters in other jurisdic- provision on this bill. We have already been voluntarily adopted by over 36 tions who have done it right and is a incorporated in committee the min- States. As I mentioned earlier, provi- violation of the ‘‘one person, one vote’’ imum voting requirements for men and sional voting, or some aspect of a pro- principle. This is not a radical idea. women in uniform. I strongly support visional balloting procedure, has also The second requirement is provi- what the committee has done. But I do been adopted in every State and the sional voting. Again, this is not a rad- want to raise the issue. District of Columbia by statues. For ical idea. Many jurisdictions already I know in the midst of everything example, 20 States have provisional do it. else that is going on, it is not terribly balloting statutes, 12 States contain Very simply, someone shows up to likely—although it may become likely some aspect of the provisional process, vote. They claim they have registered if the session runs longer than some not all of them and about 18 States to vote. They have filled out all the pa- anticipate—to actually bring up the have no provisional ballot statutes but perwork. And, for whatever reason, the election reform bill. contain some related provisions, such person sitting in that precinct says: I I cannot think of anything we could as same-day voter registration. am sorry, we don’t have your name on do that would express our sense of The third requirement is sample bal- the voter registration lists or there is a unity as Americans—I guess memories lot distribution and voting instruc- challenge for some other reason. We may fade a little bit, and obviously the tions. It is fairly straightforward. My don’t think you are registered to vote. events of September 11 are so huge that best information indicates that at this At that point, you become a provi- many people may have forgotten the time all States and the District of Co- sional voter. You allow that person to amount of time and attention the Na- lumbia have laws providing for some cast their ballot. Like an absentee bal- tion took last year—almost a year form of sample ballots. However, how lot, you set it aside and allow that ago—on November 7th with the na- these sample ballots are distributed ap- process to go forward. The person casts tional election. In the weeks that went pears to vary quite significantly from their ballot, the ballot is set aside, and by before we resolved what occurred, State to State. at the end of the process, you go back night after night we watched what hap- I will not go into all the details here. and determine whether or not the voter pened in the State of Florida, because I don’t want to take the time of my was an eligible voter and otherwise en- that State happened to be the pivotal colleagues. Suffice it to say that the titled to cast a vote and have that vote one. I quickly point out the problems committee deserves a great deal of counted. If the voter was right, you existed in almost every State. And in credit for what they have done for our cast the ballot. If the voter was wrong, some States, Georgia and Illinois for men and women in uniform. The Fed- you don’t cast the ballot. example, the problems were much more eral mandate ought to substantially This is not terribly complicated. I significant than the problems in Flor- minimize the problems that occurred a think, depending on the definition of ida, we now know. year ago across the nation for our men ‘‘provisional ballot’’ process used, all But I think we ought to go back and and women in uniform serving overseas jurisdictions already have some form remind ourselves of what occurred and when they want to cast votes and have of ‘‘provision balloting’’. Again, it al- how disappointed we were, as Ameri- their votes counted. lows people who believe they have cans, to see a voting system that had My hope is we can complete the proc- voted—in many cases properly reg- fallen into such disrepair. We were lec- ess now by providing comprehensive istered—to then actually cast their turing the rest of the world on how to election reform for every eligible ballot and have that vote counted. vote. We had sent teams all over the American voter who desires to cast a Thirdly, the distribution of sample globe, going to Third World countries, vote and have that vote counted, just ballots and voting instructions: Thus to show them how we do it in America. as we provide for our men and women far, every jurisdiction has sample bal- Well, now the world has gotten a good in uniform. The men and women in uni- lots, the issue is how and whether view of how we did it in America. form will be the first to tell you they those sample ballots are distributed. Frankly, we were not terribly im- do not want to be treated differently in Because of the many different factors pressed nor was the world. that regard. They are citizens of the that influence ballots, such as con- So I cannot think of a better message country. They are citizen soldiers, but stitutional amendments or referen- we could give to terrorists, and others citizens. And the right to vote and dums, it can be costly and labor inten- who want to destabilize our country, have your vote counted ought to be a sive to print and distribute such sam- than that we are going to get our vot- right that is guaranteed to every eligi- ple ballots. ing system right, that we are going to ble U.S. citizen who meets the require- Today, having people take a look at come together, as Democrats and Re- ments, regardless of race, ethnicity, sample ballots before you actually go publicans, and fashion a system that disability, the language they speak, or in to vote just might facilitate the makes us all proud. My hope is that the resources of the community they process, raise the level of awareness, will happen. live in, whether abroad or in the and give people a chance to become As some may know, I have had dis- United States. more familiar with what is on the bal- cussions with my good friend from Mis- So my hope is that in the midst of all lot. It is a value. souri, Senator KIT BOND, who has some the other things we are going to do to Those are all three of the require- very strong ideas on how we could min- make our country stronger, to make it ments. The big battle is over whether imize voter fraud in this country. And more secure, to protect our airports, to

VerDate 11-MAY-2000 02:19 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.049 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9965 protect our buildings, to protect our ate, with some 51 cosponsors in this increase to be available for operational test people from the threats of terrorist at- Chamber, goes a long way to achieving and evaluation (PE605118D). tack, the one thing we might also try that desired result. (b) AVAILABILITY OF FUNDS.—Of the to do in the midst of all of this is to Mr. President, I yield the floor and amount authorized to be appropriated by section 201(4), as increased by subsection make our elections process stronger suggest the absence of a quorum. (a)— and prove that our democracy is The PRESIDING OFFICER. The (1) $5,000,000 may be available for the Big strong. clerk will call the roll. Crow program; and It has been pointed out—I mentioned The legislative clerk proceeded to (2) $1,500,000 may be available for the De- it earlier today—the tremendous heroic call the roll. fense Systems Evaluation (DSE) program. achievements of the passengers on the Mr. BOND. Mr. President, I ask unan- (c) OFFSET.—The amount authorized to be flight that crashed in Pennsylvania. imous consent that the order for the appropriated by section 301(5) for operation Many of us believe that plane may quorum call be rescinded. and maintenance for Defense-wide activities is hereby reduced by $6,500,000. have very well been headed for Wash- The PRESIDING OFFICER. Without ington, DC, and headed for this very objection, it is so ordered. AMENDMENT NO. 1810 building. We do not know exactly what Mr. BOND. Mr. President, I ask unan- (Purpose: Authorization.—$2,500,000 is au- happened there, but it appears as imous consent to speak as in morning thorized for appropriations in section though some very heroic passengers business for 5 minutes. 201(1), in PE62303A214 for Enhanced took some very courageous action. The PRESIDING OFFICER. Without Scramjet Mixing) In fact, we do know from cell phone objection, it is so ordered. At the appropriate place in the bill, add conversations that they did something The Senator from Missouri is recog- the following: that ought to remain in the minds of nized. SEC. 201(1). AUTHORIZATION OF ADDITIONAL every one of us. They, in the midst of (The remarks of Mr. BOND per- FUNDS. all of this, decided to have a vote about taining to the introduction of S. 1479 AUTHORIZATION.—The amount authorized what to do, according to the cell phone are located in today’s RECORD under to be appropriated in section 201(1) is in- conversations of several spouses who ‘‘Statements on Introduced Bills and creased by $2,500,000 in PE62303A214 for En- hanced Scramjet Mixing. Joint Resolutions.’’) heard from their husbands. OFFSET.—The amount authorized to be ap- Imagine this: Here are terrorists on a Mr. BOND. I suggest the absence of a propriated by section 301(5) is reduced by plane who are about to crash this quorum. $2,500,000. plane—maybe into this very building, The PRESIDING OFFICER (Mr. CAR- or some other facility; symbols of our PER). The clerk will call the roll. AMENDMENT NO. 1811 democracy, our freedom, and our The assistant legislative clerk pro- (Purpose: To authorize, with an offset, rights—and the passengers on that ceeded to call the roll. $2,800,000 for the Special Operations Forces doomed aircraft decided to cast a bal- Mr. LEVIN. Madam President, I ask Command, Control, Communications, Com- lot about what to do. unanimous consent that the order for puters, and Intelligence Systems Threat Mr. President, I would like to see us the quorum call be rescinded. Warning and Situational Awareness (PRI- be able to cast our ballots as far as the The PRESIDING OFFICER (Mrs. VATEER) program) eye can see in the future of this coun- CARNAHAN). Without objection, it is so At the end of subtitle A of title II, add the try, and to see that this process is ordered. following: SEC. 203. FUNDING FOR SPECIAL OPERATIONS strengthened, that every citizen, race, AMENDMENTS NOS. 1809 THROUGH 1820, EN BLOC FORCES COMMAND, CONTROL, COM- ethnicity, disability, the language they Mr. LEVIN. Madam President, I ask MUNICATIONS, COMPUTERS, AND IN- speak, the resources of the community unanimous consent that it be in order TELLIGENCE SYSTEMS THREAT in which they live, can have an equal WARNING AND SITUATIONAL now to send 12 amendments to the desk AWARENESS PROGRAM. opportunity to cast a vote and an equal and that they be considered en bloc. I (a) INCREASED AUTHORIZATION OF APPRO- opportunity to have that vote counted. understand these amendments have PRIATIONS FOR RESEARCH, DEVELOPMENT, I cannot think of a better message now been cleared by the other side. TEST, AND EVALUATION, DEFENSE-WIDE.—The that we could send, beyond the things The PRESIDING OFFICER. Is there amount authorized to be appropriated by we are doing already, to those who are objection? section 201(4) for research, development, test, hiding in the shadows of the world to- Mr. WARNER. Madam President, the and evaluation, Defense-wide, is hereby in- night, possibly planning some form of amendments have been cleared on this creased by $2,800,000. (b) AVAILABILITY.—Of the amount author- terrorist attack, disregarding basic side. rights of people, than to say that in the ized to be appropriated by section 201(4), as The PRESIDING OFFICER. Without increased by subsection (a), $2,800,000 may be target of your hostility, in a place objection, it is so ordered. available for the Special Operations Forces called America, people have an equal Mr. LEVIN. I urge the Senate adopt Command, Control, Communications, Com- opportunity to cast a vote and have these 12 amendments. puters, and Intelligence Systems Threat those votes counted. We are going to The PRESIDING OFFICER. The Warning and Situational Awareness (PRI- make it stronger in the coming days clerk will report. VATEER) program (PE1160405BB). and weeks, not weaker. The legislative clerk read as follows: (c) OFFSET.—The amount authorized to be appropriated by section 301(5) for operation So I commend, again, the committee The Senator from Michigan [Mr. LEVIN] for their efforts. I further look forward and maintenance for Defense-wide activities proposes amendments numbered 1809 through is hereby reduced by $2,800,000. to the opportunity when we can bring 1820, en bloc. up a comprehensive election reform The amendments are as follows: AMENDMENT NO. 1812 bill to right the wrongs and concerns AMENDMENT NO. 1809 (Purpose: To set aside funds for the critical that I think all of us agree occurred in (Purpose: To authorize, with an offset, an ad- infrastructure protection initiative of the last year’s national elections. What ditional $6,500,000 for research, develop- Navy) better message can we send to the ment, test, and evaluation Defense-wide, On page 65, after line 24, insert the fol- caves of Afghanistan, or wherever with $5,000,000 allocated for the Big Crow lowing: these people may be residing—they Program and $1,500,000 allocated for the SEC. 335. CRITICAL INFRASTRUCTURE PROTEC- may be watching this debate—than Defense Systems Evaluation program) TION INITIATIVE OF THE NAVY. that you may try, over and over again, At the end of subtitle B of title II, add the Of the amount authorized to be appro- to do everything to destabilize this following: priated by section 301(2), $6,000,000 may be country, but the people who cast their SEC. 215. BIG CROW PROGRAM AND DEFENSE available for the critical infrastructure pro- ballots on that plane that crashed in SYSTEMS EVALUATION PROGRAM. tection initiative of the Navy. Pennsylvania are a reflection of who (a) INCREASE IN AUTHORIZATION OF APPRO- AMENDMENT NO. 1813 we are as a people. You will never deny PRIATIONS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The At the appropriate place, insert: us the right to vote and the right to amount authorized to be appropriated by STUDY AND PLAN.— choose our leaders democratically. I section 201(4) for research, development, test, (a) With the submission of the fiscal year think the bill that JOHN CONYERS and I and evaluation, Defense-wide, is hereby in- 2003 budget request, the Secretary of Defense have offered in the House and the Sen- creased by $6,500,000, with the amount of the shall provide to the congressional defense

VerDate 11-MAY-2000 02:22 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.052 pfrm02 PsN: S01PT1 S9966 CONGRESSIONAL RECORD — SENATE October 1, 2001 committees a report and the Secretary’s rec- (2) Information on the total number of ‘‘(A) without regard to the pay provisions ommendations on options for providing the cases of such persons requiring health care of title 5, fix the rates of basic pay for such helicopter support missions for the ICBM and disability benefits and the total number positions occupied by civilian law enforce- wings at Minot AFB, North Dakota; of cases and average value of health care and ment and security personnel appointed under Malmstrom AFB, Montana; and F.E. Warren disability benefits provided under the au- the authority of this section so as to place AFB, Wyoming, for as long as these missions thority for each source of benefits available such personnel on a comparable basis with are required. to those persons. other similar federal law enforcement and (b) Options to be reviewed include: (3) A discussion of the issues regarding security organizations within the vicinity of (1) the Air Force’s current plan for replace- health and disability benefits for such per- the Pentagon Reservation, not to exceed ment or modernization of UH–1N helicopters sons that are encountered by the Secretary basic pay for personnel performing similar currently flown by the Air Force at the mis- during the review, to include discussions duties in the Uniformed Division of the Se- sile wings; with individuals who have received those cret Service or the Park Police. (2) replacement of the UH–1N helicopters benefits. currently flown by the Air Force with UH–60 (4) A statement of the processes and de- AMENDMENT NO. 1817 Black Hawk helicopters, the UH–1Y, or an- tailed procedures followed by each of the (Purpose: To further improve benefits under other platform; Armed Forces under the jurisdiction of the the TRICARE program) (3) replacement of UH–1N helicopters with Secretary of a military department to pro- On page 222, line 17, and after ‘‘include UH–60 helicopters and transition of the mis- vide recruits and officer candidates with suc- comprehensive health care,’’ insert the fol- sion to the Army National Guard, as detailed cinct information on the eligibility require- lowing ‘‘including services necessary to in a November 2000 Air Force Space Com- ments (including information on when they maintain function, or to minimize or prevent mand/Army National Guard plan, ‘‘ARNG become eligible) for health care benefits deterioration of function, of the patient,’’ Helicopter Support to Air Force Space Com- under the Defense health care program, and On page 226, strike line 15, and insert the mand;’’ the nature and availability of the benefits following: (4) replacement of UH–1N helicopters with under the program. UH–60 helicopters or another platform, and SEC. 706. PROSTHETICS AND HEARING AIDS. (5) A discussion of the necessity for legisla- Section 1077 of title 10 United States Code, establishment of composite units combining tive changes and specific legislative pro- active duty Air Force and Army National is amended— posals needed to improve the benefits pro- (1) in subsection (a), by adding at the end Guard personnel; and, vided those persons. (5) other options as the Secretary deems the following: ‘‘(16) A hearing aid, but only for a depend- appropriate. AMENDMENT NO. 1815 (c) Factors to be considered in this anal- ent of a member of the uniformed services on At the appropriate place, insert: active duty and only if the dependent has a ysis include: The Senate finds that a national tragedy (1) any implications of transferring the profound hearing loss, as determined under occurred on September 11, 2001, whereby en- helicopter support missions on the command standards prescribed in regulations by the emies of freedom and democracy attacked and control of and responsibility for missile Secretary of Defense in consultation with the United States of America and injured or field force protection; the administering Secretaries.’’; killed thousands of innocent victims; (2) current and future operational require- (2) in subsection (b)(2), by striking ‘‘Hear- The Senate finds that the perpetrators of ments, and the capabilities of the UH–1N, the ing aids, orthopedic footwear,’’ and inserting these reprehensible attacks destroyed brick UH–60 or other aircraft to meet them; ‘‘Orthopedic footwear’’; and (3) cost, with particular attention to op- and mortar buildings, but the American spir- (3) by adding at the end the following new portunities to realize efficiencies over the it and the American people have become subsection: long run; stronger as they have united in defense of ‘‘(f)(1) Authority to provide a prosthetic (4) implications for personnel training and their country; device under subsection (a)(15) includes au- retention; and, The Senate finds that the American people thority to provide the following: (5) evaluation of the assumptions used in have responded with incredible acts of her- ‘‘(A) Any accessory or item of supply that the plan specified in (b)(3) above. oism, kindness, and generosity; is used in conjunction with the device for the (d) The Secretary shall consider carefully The Senate finds that the outpouring of purpose of achieving therapeutic benefit and the views of the Secretary of the Army, Sec- volunteers, blood donors, and contributions proper functioning. retary of the Air Force, Commander in Chief of food and money demonstrates that Amer- ‘‘(B) Services necessary to train the recipi- of the United States Strategic Command, ica will unite to provide relief to the victims ent of the device in the use of the device. and the Chief of the National Guard Bureau. of these cowardly terrorist acts; ‘‘(C) Repair of the device for normal wear The Senate finds that the American people and tear or damage. AMENDMENT NO. 1814 stand together to resist all attempts to steal ‘‘(D) Replacement of the device if the de- (Purpose: To require a report on health and their freedom; and vice is lost or irreparably damaged or the disability benefits for pre-accession train- Whereas united, Americans will be vic- cost of repair would exceed 60 percent of the ing and education programs) torious over their enemies, whether known cost of replacement. or unknown: Now, therefore, it is the sense On page 171, between lines 2 and 3, insert ‘‘(2) An augmentative communication de- of the Senate that— the following: vice may be provided as a voice prosthesis (1) the Secretary of the Treasury should— under subsection (a)(15). SEC. 589. REPORT ON HEALTH AND DISABILITY (A) immediately issue savings bonds, to be BENEFITS FOR PRE-ACCESSION ‘‘(3) A prosthetic device customized for a TRAINING AND EDUCATION PRO- designated as ‘‘Unity Bonds’’; and patient may be provided under this section GRAMS. (B) report quarterly to Congress on the only by a prosthetic practitioner who is (a) STUDY.—The Secretary of Defense shall revenue raised from the sale of Unity Bonds; qualified to customize the device, as deter- conduct a review of the health and disability and mined under regulations prescribed by the benefit programs available to recruits and (2) the proceeds from the sale of Unity Secretary of Defense in consultation with officer candidates engaged in training, edu- Bonds should be directed to the purposes of the administering Secretaries.’’. cation, or other types of programs while not rebuilding America and fighting the war on SEC. 707. DURABLE MEDICAL EQUIPMENT. yet on active duty and to cadets and mid- terrorism. (a) ITEMS AUTHORIZED.—Section 1077 of shipmen attending the service academies. title 10, United States Code, as amended by AMENDMENT NO. 1816 The review shall be conducted with the par- section 706, is further amended— ticipation of the Secretaries of the military At the appropriate place, insert: (1) in subsection (a)(12), by striking ‘‘such departments. SEC. . PERSONNEL PAY AND QUALIFICATIONS as wheelchairs, iron lungs, and hospital (b) REPORT.—Not later than March 1, 2002, AUTHORITY FOR DEPARTMENT OF beds,’’ and inserting ‘‘which’’; and the Secretary shall submit to the Committee DEFENSE PENTAGON RESERVATION (2) by adding at the end the following new CIVILIAN LAW ENFORCEMENT AND on Armed Services of the Senate and the SECURITY FORCE. subsection: Committee on Armed Services of the House Section 2674(b) of title 10, United States ‘‘(g)(1) Items that may be provided to a pa- of Representatives a report on the findings of Code, is amended— tient under subsection (a)(12) include the fol- the review. The report shall include the fol- (1) by inserting ‘‘(1)’’ before the text in the lowing: lowing with respect to persons described in first paragraph of that subsection; ‘‘(A) Any durable medical equipment that subsection (a): (2) by redesignating paragraphs (1) and (2) can improve, restore, or maintain the func- (1) A statement of the process and detailed as subparagraphs (A) and (B), respectively, tion of a malformed, diseased, or injured procedures followed by each of the Armed and body part, or can otherwise minimize or pre- Forces under the jurisdiction of the Sec- (3) by adding at the end the following new vent the deterioration of the patient’s func- retary of a military department to provide paragraph: tion or condition. health care and disability benefits to all ‘‘(2) For positions whose permanent duty ‘‘(B) Any durable medical equipment that such persons injured in training, education, station is the Pentagon Reservation, the can maximize the patient’s function con- or other types of programs conducted by the Secretary, in his role and exclusive discre- sistent with the patient’s physiological or Secretary of a military department. tion, may— medical needs.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.019 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9967 ‘‘(C) Wheelchairs. of his injury or wound may be paid special tween Augusta and Bangor for the purpose of ‘‘(D) Iron lungs, pay under this section for not more than making bulk shipments of jet fuel to the Air ‘‘(E) Hospital beds. three additional months during which the National Guard Base at Bangor Inter- ‘‘(2) In addition to the authority to provide employee is so hospitalized. national Airport during a period of national durable medical equipment under subsection ‘‘(c) For the purpose of this section, emergency in order to respond to the effects (a)(12), any customization of equipment ‘‘United States’’ means the several States, of the national emergency. owned by the patient that is durable medical the District of Columbia, the Commonwealth ‘‘(2) APPLICABILITY.—Emergency limits es- equipment authorized to be provided to the of Puerto Rico, the Commonwealth of the tablished under paragraph (1) shall preempt patient under this section or section Northern Mariana Islands, and the terri- any inconsistent State vehicle weight lim- 1079(a)(5) of this title, and any accessory or tories and possessions of the United States. its.’’. item of supply for any such equipment, may ‘‘(d) An employee may be paid special pay AMENDMENT NO. 1809 be provided to the patient if the under this section in addition to other pay Mr. BINGAMAN. Madam President, I customization, accessory, or item of supply and allowances to which entitled. Payments am introducing this amendment with is essential for— under this section may not be considered to ‘‘(A) achieving therapeutic benefit for the be part of basic pay of an employee.’’. Senator DOMENICI to S. 1438, the fiscal patient; (b) TECHNICAL AMENDMENT.—The table of year 2002 National Defense Authoriza- ‘‘(B) making the equipment serviceable; or sections at the beginning of chapter 59 of tion Act, to provide funds badly needed ‘‘(C) otherwise assuring the proper func- such title is amended by inserting at the end for two vital test support activities in tioning of the equipment.’’. the following new item: the Department of Defense, DoD. The (b) PROVISION OF ITEMS ON RENTAL BASIS.— ‘‘Sec. 5949 Hostile fire or imminent danger Big Crow program provides DoD with Paragraph (5) of section 1079(a) of such title pay.’’. highly sophisticated airborne elec- is amended to read as follows: (c) EFFECTIVE DATE.—This provision is ef- tronic warfare capabilities that enable ‘‘(5) Durable equipment provided under this fective as if enacted into law on September section may be provided on a rental basis.’’. 11, 2001, and may be applied to any hostile us to test our newest weapon systems SEC. 708. REHABILITATIVE THERAPY. action that took place on that date or there- and technologies in a realistic battle Section 1077(a) of title 10, United States after. environment in which electronic war- Code, as amended by section 706(1), is further fare is likely to be used. The system amended by inserting after paragraph (16) AMENDMENT NO. 1819 can also be used operationally if a re- the following new paragraph: (Purpose: To provide family support benefits quirement suddenly occurs. The De- ‘‘(17) Any rehabilitative therapy to im- for the families of members of the Armed fense Systems Evaluation, DSE, pro- prove, restore, or maintain function, or to Forces involved in national emergency op- gram provides aircraft to replicate minimize or prevent deterioration of func- erations of the Armed Forces) enemy and friendly aircraft in testing tion, of a patient when prescribed by a physi- At the end of title VI, add the following: cian.’’. Army air defense programs and tech- SEC. 709. MENTAL HEALTH BENEFITS. Subtitle F—National Emergency Family nology. Both of these programs provide Support (a) REQUIREMENT FOR STUDY.—The Sec- vital test support assets used by all the retary of Defense shall carry out a study to SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. military services. Unfortunately, it is determine the adequacy of the scope and (a) AUTHORITY.—The Secretary of Defense typical for programs that provide availability of outpatient mental health ben- may provide assistance for families of mem- cross-service support to be inad- efits provided for members of the Armed bers of the Armed Forces serving on active equately funded by their parent service duty during fiscal year 2002, in order to en- Forces and covered beneficiaries under the organization. This year’s President’s TRICARE program. sure that the children of such families obtain (b) REPORT.—Not later than March 31, 2002, needed child care and youth services. budget request did not seek any fund- the Secretary shall submit to the Commit- (b) APPROPRIATE PRIMARY OBJECTIVE.—The ing for these programs, perhaps relying tees on Armed Services of the Senate and the assistance authorized by this section should on the Congress, once again, to provide House of Representatives a report on the be directed primarily toward providing need- the emergency funds needed to keep study, including the conclusions and any rec- ed family support, including child care and them operating. ommendations for legislation that the Sec- youth services for children of such personnel Thus we find ourselves again this retary considers appropriate. who are deployed, assigned, or ordered to ac- year, seeking the funding needed for SEC. 710. EFFECTIVE DATE. tive duty in connection with operations of these two programs in order for them the Armed Forces under the national emer- to continue to provide vital test sup- AMENDMENT NO. 1818 gency. SEC. 682. FAMILY EDUCATION AND SUPPORT port activities for all of the military (Purpose: To amend Title 5 of the United services. The amendment, which Sen- States Code to authorize payment of hos- SERVICES. ator DOMENICI and I offer, will provide tile fire pay to civilian employees of the During fiscal year 2002, the Secretary of federal government under certain condi- Defense is authorized to provide family edu- the minimum necessary funding to en- tions) cation and support services to families of able Big Crow and DSE to operate dur- members of the Armed Services to the same ing fiscal year 2002. SEC. . HOSTILE FIRE OR IMMINENT DANGER extent that these services were provided dur- PAY There are other test support pro- ing the Persian Gulf war. (a) IN GENERAL.—Chapter 59, Subchapter grams in the DoD that suffer the same IV of title 5, United States Code, is amended circumstance as the two for which I am AMENDMENT NO. 1820 by adding at the end the following new sec- seeking funding. They refer to them in tion: (Purpose: To authorize the Secretary of Transportation, in consultation with the the Pentagon as ‘‘the orphans.’’ The ‘‘§ 5949 Hostile fire or imminent danger pay Secretary of Defense, to waive, or limit the Defense Science Board, DSB, recently ‘‘(a) The head of an Executive agency may application of, vehicle weight limits appli- completed a review of operational test- pay an employee special pay at the rate of cable to a route on the Interstate System ing and evaluation in the Department $150 for any month in which the employee, in the State of Maine during a period of na- of Defense and published a report con- while on duty in the United States— tional emergency) ‘‘(1) was subject to hostile fire or explosion taining a number of significant rec- of hostile mines; On page 363, after line 25, add the fol- ommendations about how to improve ‘‘(2) was in an area of the Pentagon in lowing: that process to make it more effective which the employee was in imminent danger SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS and efficient. The DSB recommended of being exposed to hostile fire or explosion DURING PERIODS OF NATIONAL EMERGENCY. that DoD seek ways to encourage and of hostile mines and in which, during the pe- implement joint service testing. riod on duty in that area, other employees Section 127 of title 23, United States Code, were subject to hostile fire or explosion of is amended by adding at the end the fol- Among their recommendations, the hostile mines; lowing: DSB endorsed budget oversight respon- ‘‘(3) was killed, injured, or wounded by hos- ‘‘(h) WAIVER FOR A ROUTE IN STATE OF sibility for orphan programs such as tile fire, explosion of a hostile mine, or any MAINE DURING PERIODS OF NATIONAL EMER- Big Crow and DSE to the Director, other hostile action; or GENCY.— Operational Test and Evaluation in the ‘‘(4) was in an area of the Pentagon in ‘‘(1) IN GENERAL.—Notwithstanding any Office of the Secretary of Defense. Ac- other provision of this section, the Sec- which the employee was subject to the tual test and evaluation activities threat of physical harm or imminent danger retary, in consultation with the Secretary of on the basis of civil insurrection, civil war, Defense, may waive or limit the application would remain the province of the mili- terrorism, or wartime conditions. of any vehicle weight limit established under tary services. ‘‘(b) An employee covered by subsection this section with respect to the portion of This year’s Defense authorization bill (a)(3) who is hospitalized for the treatment Interstate Route 95 in the State of Maine be- reported out by the Armed Services

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.018 pfrm02 PsN: S01PT1 S9968 CONGRESSIONAL RECORD — SENATE October 1, 2001 Committee contains a provision re- General Shelton’s farewell remarks Someone asked me the other day if during questing the Secretary of Defense to were a modest review of the many those early days if I ever imagined being review the DSB report and to submit things he had seen and things he had here today. My response was I was too busy doing my duty as a 2nd Lieutenant and recommendations regarding its imple- done in many places around the world. wasn’t even thinking beyond 1st Lieutenant. mentation with the budget request sub- His wife Carolyn’s eyes brimmed with If I had imagined it, it probably would have mission for fiscal year 2003. I am hope- tears a few times, a measurement of scared me to death. But, what a truly incred- ful that the Secretary will endorse the her pride in, and her love for, her re- ible journey this has been for a farm boy DSB findings so that the Department markable husband. from North Carolina. America is truly a will finally exercise appropriate over- All in all, it served to make those of great land of opportunity. sight and support for cross-service test us present a bit prouder of our country But I didn’t make the trip alone. So today as we surveyed the troops from all of it’s important and necessary that I recognize activities. In the meantime, the and thank those who made that journey pos- amendment I am introducing is nec- the services and heard the bands strike sible. First, my parents, my mother Patsy is essary to keep those essential test ac- up. here today, who shaped my character and in- tivities underway. I urge my colleagues I believe Senators will enjoy review- stilled the values, which have served me to support its adoption. ing the address by GEN Henry H. well, throughout the trip. My brothers, The PRESIDING OFFICER. The Shelton on this, the morning of his re- David and Ben, and sister, Sarah, whose sup- question is on agreeing to amendments tirement from the U.S. Army—and es- port was always felt. And my wonderful wife, Nos. 1809 through 1820, en bloc. pecially, as General Shelton turned Carolyn, who has been with me every step of The amendments (Nos. 1809 through the way through 27 moves, raising three won- over the chairmanship of the Joint derful sons, Jon, Jeff, and Mark, and through 1820) were agreed to. Chiefs of Staff to his friend, GEN Dick countless separations in times of war and Mr. LEVIN. I move to reconsider the Myers. peace. While I’m grateful to God for many vote. Therefore, I ask unanimous consent things in my life, none compares with the Mr. WARNER. I move to lay that mo- that General Shelton’s farewell address love and pride that I feel with Carolyn by my tion on the table. be printed in full in the RECORD. side. Thank you for joining me on every step The motion to lay on the table was I thank the Chair. of this journey. Carolyn. And, as I reflect agreed to. There being no objection, the mate- these past four years as Chairman, I fully re- Mr. LEVIN. Madam President, we rial was ordered to be printed in the alize that Carolyn and I need to express our thanks to many of you in the audience had hoped and expected there was RECORD, as follows: going to be an additional amendment today. REMARKS BY GENERAL HENRY H. SHELTON, I first need to thank the two Commanders- of Senator HOLLINGS to which Senator USA, ARMED FORCES FULL HONOR TRIBUTE, in-Chief for whom I’ve had the honor and WARNER and I had agreed, but there SUMMERALL FIELD, FORT MYER, MONDAY, 1 privilege of serving. President Bush and was a last minute objection, I believe, OCTOBER 2001 President Clinton. I thank President Clinton on the Republican side. We will try to Secretary Powell, Secretary and Mrs. for giving me the opportunity of a lifetime do the best we can on that in the morn- Rumsfeld, Secretary Principi, Director and only four short years ago to serve as this Na- ing. good friend George Tennant of CIA, members tion’s 14th Chairman of the Joint Chiefs. Mr. WARNER. Madam President, the of the diplomatic corps, distinguished mem- This assignment has indeed been the high- bers of Congress to include the delegation light of my career, for the greatest honor chairman is correct. We believed we from my home state of North Carolina Sen- that any military leader could ever have is had it worked out, and at the last ator Jesse Helms, Senator John Edwards, to represent America’s soldiers, sailors, air- minute there was an objection on this and Congressman Bob Etheridge, Deputy men, marines, and quite often our coast- side. Secretary Wolfowitz, Service Secretaries, guardsmen back here in Washington. And for f Fellow Chiefs of Defense, Members of the that I’ll always be grateful. I also need Joint Chiefs of Staff past and present to in- thank our current Commander-in-Chief, MORNING BUSINESS clude my predecessor and old mentor Gen- President Bush, for the complete trust and Mr. LEVIN. Madam President, I ask eral David Jones, Commanders-in Chief of confidence he has shown in me these past unanimous consent that there be a pe- our Combatant Commands, fellow flag and nine months. Our nation is truly blessed to riod for morning business, with Sen- general officers, distinguished guests, family have President Bush’s strong leadership, in- and friends, and especially, the men and tegrity, and gritty resolve during this dif- ators permitted to speak for up to 5 women of our Armed Forces, represented ficult time. minutes each. here today by the magnificent soldiers, sail- I also need to thank the two great Secre- The PRESIDING OFFICER. Without ors, airmen, marines, and coast guardsmen, taries for whom I have worked during this objection, it is so ordered. standing proud and tall in the ranks before tour of duty, Secretary Rumsfeld and Sec- The PRESIDING OFFICER. The Sen- us. retary Cohen. And both, like me, married ator from North Carolina. Thanks to all of you for being a part of this above their ‘‘raising’’ with Janet Cohen and Mr. HELMS. Madam President, I ask ceremony during this very busy and trying Joyce Rumsfeld. I thank Secretary Cohen, unanimous consent that it be in order time and for honoring Carolyn and me with for the chance he gave me to serve our Na- for me to deliver my remarks from my your presence. Thank you Secretary Rums- tion in this capacity, and to Secretary feld for those kind words. Carolyn and I seat. Rumsfeld for the opportunity to continue to deeply appreciate your comments and the serve and for your trust and confidence. The PRESIDING OFFICER. Without awards. There are so many here today that What I found fascinating about these two objection, it is so ordered. I’d like to thank personally, and many who gentlemen is not what makes them different, f traveled great distances to get here like Ms. but rather what makes them so similar, Connie Stevens from LA and Johnny CAREER-ENDING HONORS FOR First, they are true patriots who deeply love Counterfit and wife from Nashville, Ten- their country and all that it stands for. And GENERAL HENRY H. SHELTON nessee, and CSM Felix Acosta, a great sol- second, they both share many of the same Mr. HELMS. Madam President, this dier from Bristol, Tennessee, old friends attributes; strength of character; vision; de- morning marked an unmistakably glo- from Atlanta, Tampa, and Fayettesville, termination;and an unyielding desire to rious conclusion to the remarkable North Carolina, the center of the universe, build and maintain the finest Armed Forces military career of one of North Caro- and finally friends from NC State University. in the world. Thanks to both of you for your Ladies and gentlemen, this ceremony trust and confidence, your personal sac- lina’s most famous citizens, GEN marks the end of an extraordinary journey: rifices to serve our Nation, and for your will- Henry H. Shelton. 38 years as a soldier in the service of our ingness to stand up for the right thing for It occurred at Fort Myer, VA, with country. Now 38 years may seem like an aw- our men and women in uniform. Our Nation scores of America’s best-known lead- fully long time, and it is, but as I near the has been, and will continue to be, blessed by ers—both military and civilian, on finish line, it feels like I’ve been driving a your service. hand for the spectacular event. powerful Corvette at high speed with time I also need to recognize the extraordinary All branches of the armed services and distance flying by. I can vividly recall loyalty and support of my two Vice Chair- participated. The Secretary of Defense, the year 1963, when Carolyn and I made the men, General Joe Ralston and Chairman for example, Don Rumsfeld, was there, drive from Speed, North Carolina to Fort Dick Myers. I’m proud of all that we’ve ac- Benning, Georgia, in the days following my complished. Joe and Dick, your wise counsel as was Secretary of State Colin Powell. commissioning as a Second Lieutenant from and unfailing support made the difference, The marching bands didn’t miss a cue NC State University. Like all young men, I time and gain, as we confronted a host of dif- or a note. It was splendid, every had many dreams and grand thoughts, and ficult challenges and I thank you. I will al- minute of it, in every detail. also some trepidation about the future. ways be indebted to you both. And Dick, I

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.055 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9969 couldn’t be more pleased that the President to all nations to join together in a combined Senator from North Carolina for his re- picked you as my successor. You’re a superb campaign against international terrorism. marks. I join with him. I always re- warrior, a visionary leader, a true profes- And in President Bush’s recent speech to the member that air campaign in Kosovo, sional and a great friend. And I know that joint session of Congress, he ordered those of our men and women in uniform are in good us in uniform to ‘‘be ready.’’ Mr. Secretary, of which he really was a leader. I think hands with you at the helm. on this day as I leave office, I’m proud to re- it was a magnificent success in good I would also like to give a heartfelt thanks port to you that America’s military is ready! measure because of that leadership. to each of the Service Chiefs here today, for Farewell my friends, my colleagues, and Mr. HELMS. I thank the Senator. your outstanding support, advice, candor, farewell to you, our Nation’s splendid Armed Mr. EDWARDS. Madam President, I and friendship, Ric, Vern, Jim Jones, John, Forces. Carolyn and I shall miss you all. As rise today to pay tribute to a great and Jim Loy. You, and the great group of President Bush said recently, ‘‘In all that North Carolinian, General Hugh Service Chiefs you succeeded have redefined lies before us, May God grant us wisdom and Shelton. may he watch over the United States of what selfless service, character, and team- Since 1997, General Shelton has work really means. I have watched with ad- America.’’ Thank you and may God Bless. served our nation well as the 14th miration your effective stewardship of your Mr. WARNER. Madam President, I chairman of the Joint Chiefs of Staff. respective Services, and, it’s largely a trib- commend my distinguished colleague But the men and women stationed in ute to your efforts that our Armed Forces from North Carolina. I, too, want to as- my State benefitted from his leader- are well trained, fully armed, and ready to sociate myself with his remarks on the fight and win. You’re an awesome team. ship long before he was confirmed as distinguished career of General I also need to recognize our superb Chairman. Shelton. In my 23 years in the Senate, warfighting CINCs. Our country has been Early in his career, General Shelton I have worked with many chairmen and blessed the past four years with a select commanded the 1st Brigade of the 82nd group of incredibly talented professionals each has had his own strengths. The Airborne Division at Fort Bragg, NC. charged with leading our warfighting com- strengths of this fine man were tow- In 1989, he began a two-year assign- mands. And leading is precisely what they ering. He had a sense of humility and ment as Assistant Division Commander have done. I want to thank each of you for composure that was always with him. I your continued service to country and for for Operations of the 101st Airborne Di- never thought that there was a time your devotion to the men and women who vision-Air Assault. That tour included defend our way of life. when he overreached. He was always calm, collected, and confident and ren- a seven-month deployment to Saudi And a big thanks to our Command Ser- Arabia for Operations Desert Shield geant Majors and Senior Enlisted Advisors dered magnificent service to two Presi- here today, and the magnificent NCO Corps dents, which is unique. Above all, I re- and Desert Storm. When he returned you represent, the factor that truly is our member when the Senate Armed Serv- from the Gulf, he was promoted to greatest strength as an Armed Force and al- ices Committee would have him come major general and returned home to as- ways the reason behind our success. And, fi- before it, most often with the other sume command of the 82nd Airborne nally, thanks to our great soldiers, sailors, chiefs, and, frankly, in a respectful way Division stationed at Fort Bragg. airmen, marines, and coastguardsmen—al- In 1997, the Senate confirmed his ways at the point of the spear, flying their to the Commander in Chief—at that time President Clinton—would prop- nomination to chairman, making him aircraft, sailing their ships, and patrolling the first Green Beret to command our their sectors far from home. They have never erly say, I respect my Commander in let our Nation down and they never will. Chief but we do not have sufficient military. The Senate reconfirmed him They stand ready for the challenges ahead! funds in the budget for the defense of in 1999. With my time on active duty fast drawing this Nation to meet our needs. Then he For 38 years, General Shelton has to a close, Carolyn and I will soon finish would very carefully lay out those re- served his country honorably. He has packing our bags for one last government quirements that he and his fellow received the Legion of Merit, the move. Already packed away is a lifetime of Bronze Star Medal with V device as memories. I’ll remember: Thousands of faces, chiefs sitting there before the com- mittee—and indeed I think it was be- well as the Purple Heart. Among other both in peace and war, comrades who fell be- honors, he also earned the Master Par- side me giving the ultimate sacrifice and fore the Appropriations Committee— their families whose lives were changed for- the Presiding Officer who recalls the achutist Badge, the Air Assault Badge, ever, the welcome tug of nylon straps as a time that he appeared, and he laid the Combat Infantryman Badge and parachute snaps open, the pride of grasping a down with clarity the needs of the men the Military Freefall Badge. And in a guidon or unit colors on a parade ground and and women of the Armed Forces in our ceremony today at the Pentagon, the the thrill of seeing our red, white, and blue defense, even though those figures were general will receive his fourth Defense flag unfurl in the morning breeze, the famil- Distinguished Service Medal. iar feel of a uniform carefully laid out each at variance with the budgetary submis- sions by the President. He is a native of Tarborro and a grad- night for 38 years, the call to vigilance as the uate of North Carolina State Univer- last haunting note of taps rings out in the In the very simple, plain language night or is played in tribute to a fallen com- that the foot soldier understands, that sity. He and his wife Carolyn have rade, the extraordinary privilege of leading man had guts. three sons. The Sheltons’ children have troops, and finally, my days spent with all of Mr. LEVIN. Will the Senator yield so followed their father’s example of serv- you during these past four years. I may add my compliments to the Sen- ice to the country—his son Jonathan is For those of you here in uniform, for the ator from North Carolina for his re- a special agent for the U.S. Secret past 38 years, I’ve served with you and many marks? Service and his son Jeffrey is a U.S. thousands of your predecessors, in the cen- Mr. WARNER. Yes. Army Special Operations soldier. tral highlands of Vietnam, in the sands of Mr. LEVIN. I join with the Senator These are uncertain and difficult Saudi Arabia, Kuwait and Iraq, hitting the beach at Port-au-Prince, and scores of major from North Carolina in paying tribute times for our Nation. And, true to his exercises preparing for war. I have no doubt to Hugh Shelton. I have also had the dedication as a soldier in the U.S. that you will stand proud, tall, and vigilant opportunity to work with him, and I Army, General Shelton admitted to against those who seek to destroy the endur- am a great admirer and fan of his. I being reluctant about retiring now. In ing freedom we enjoy as Americans. also must join my good friend from fact, last week, the general said ‘‘I feel Mr. Secretary, in my heart, I know that Virginia in saying that his appear- like the quarterback of a football team our Nation and our Armed Forces are in good ances—and there were many before our that went out on the field and he’s be- hands and I wish you and the President all the best as you set a new course for our committee—would be the highlight of hind by one touchdown but he knows country in the difficult and uncertain our committee’s activities. His brief- his team’s going to come through and months ahead. In many ways, I’m reminded ings were always to the point and de- win. But you’re in the first quarter and of the time in the late 1930s when the winds livered with extraordinary modesty for all of a sudden the coach sends a player of war began to envelop Europe. Winston somebody who had a right to really de- out to tell you your eligibility just ex- Churchill observed at the time, ‘‘Civilization liver them with claims of experience, pired.’’ will not last, freedom will not survive, peace but he never used that. He just used But as General Shelton must surely will not be kept unless a very large majority common sense, calm, and wisdom. His know, his retirement does not end the of mankind unite together to defend them.’’ Ladies and gentlemen, recently, evil and authority came from inside, not kind tremendous influence he has had on barbaric attacks have been made against the of an outward claim to boast. our military and the defense of this na- United States and the citizens of the world. He was an extraordinary human tion. His work will live for years to Our President responded with a similar call being, and I just want to thank the come. I am so grateful to call him my

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.030 pfrm02 PsN: S01PT1 S9970 CONGRESSIONAL RECORD — SENATE October 1, 2001 friend, and North Carolina is proud to The bridgewing was crowded with people as and brought a powerful message to the call him our son. the Boatswain’s Mate blew two whistles—At- innocent victims and their desperate tention to Port—the ship came up alongside f families: ‘‘You are not alone.’’ and we saw that the entire crew of the Ger- New Jersey firefighters, police, U.S.–GERMANY RELATIONS man ship were manning the rails, in their EMTs, technicians, nurses, doctors, dress blues. They made up a sign that was Mr. LUGAR. Madam President, I rise displayed on the side that read ‘‘We Stand construction workers and welders, today to share a wonderful story illus- By You.’’ worked tirelessly through day and trating the outpouring of support Needless to say there was not a dry eye on night. New Jersey residents came out which the United States has received the bridge as they stayed alongside us for a in force to donate blood, supplies, and from friends and allies around the few minutes and we cut our salutes. It was resources. The open doors of New Jer- world in the days since the attacks on probably the most powerful thing I have seen sey schools, places of worship, and the World Trade Center and the Pen- in my entire life and more than a few of us homes welcomed the weary, the hun- fought to retain our composure. It was a gry, and the wounded. tagon on September 11. I recently beautiful day outside today. joined Senate and House colleagues for We are no longer at liberty to divulge over All of this was done in the spirit of a luncheon sponsored by the Congres- unsecure e-mail our location, but we could kindness and generosity, of selflessness sional Study Group on Germany. not have asked for a finer day at sea. The and bravery that makes our nation the Former Congressman Larry La Rocca, German Navy did an incredible thing for this strongest in the world. a Democrat from Idaho, hosted the crew, and it has truly been the highest point That spirit motivated the undaunted luncheon to provide Members of Con- in the days since the attacks. It’s amazing to and determined passengers of United think that only a half-century ago things Flight 93, many of whom were New gress with an opportunity to meet the were quite different, and to see the unity new German Ambassador, Wolfgang Jerseyans, to take action against hi- that is being demonstrated throughout Eu- jackers for the noblest cause, so others Ischinger. rope and the world makes us all feel proud to During Congressman La Rocca’s in- might live. be out here doing our job. After the ship Now that same spirit carries through troduction, he read an e-mail a close pulled away and we prepared to begin our communities around New Jersey where friend of his received from his son serv- man overboard drills the Officer of the Deck families and friends, neighbors and ing in the U.S. Navy aboard the USS turned to me and said ‘‘I’m staying Navy.’’ strangers alike, gather to console one Winston Churchill. The Congressman I’ll write you when I know more about when I’ll be home, but for now, this is probably the another in this time of grief and an- read the e-mail as a timely reminder of best news that I could send you. Love you guish. Let there be no doubt, we are all the close relationship between the guys. in this together. United States and Germany. I found f To the men and women of New Jersey the story to be inspiring, and I wish to LOCAL LAW ENFORCEMENT ACT who have reached out to others in this share it with my colleagues and the time of unspeakable devastation, may OF 2001 American people. the peace that you share be an example Mr. President, I ask unanimous con- Mr. SMITH of Oregon. Madam Presi- for all the world. Your heroic deeds sent that a copy of this e-mail be in- dent, I rise today to speak about hate will never be forgotten. serted into the RECORD at this time. crimes legislation I introduced with f There being no objection, the mate- Senator KENNEDY in March of this rial was ordered to be printed in the year. The Local Law Enforcement Act ADDITIONAL STATEMENTS RECORD, as follows: of 2001 would add new categories to ESSAGE OME ROM AN NSIGN TATIONED current hate crimes legislation sending M H F E S RECOGNITION OF THE CALVARY ABOARD USS ‘‘WINSTON CHURCHILL’’ a signal that violence of any kind is CHAPEL CHRISTIAN SCHOOL DEAR DAD: Well, we are still out at sea, unacceptable in our society. with little direction as to what our next pri- I would like to describe a terrible ∑ Mr. DOMENICI. Mr. President, I rise ority is. The remainder of our port visits, crime that occurred January 7, 2001 in today to recognize the achievements of which were to be centered around max lib- Ashburn, GA. Robert Martin, 32, was the Calvary Chapel Christian School in erty and goodwill to the United Kingdom, hospitalized in critical condition after Santa Fe, which today will be named a have all but been canceled. We have spent being found lying outside an abandoned State Champion by the President’s every day since the attacks going back and school with head injuries from a blunt Council on Physical Fitness and forth within imaginary boxes drawn in the Sports. The Calvary Chapel Christian ocean, standing high-security watches, and object. In early April, Martin died as a trying to make the best of our time. It result of the injuries. The Georgia Bu- School was selected for this prestigious hasn’t been that much fun I must confess, reau of Investigation is investigating honor based on their students’ accom- and to be even more honest, a lot of people but has no suspects. Press reports indi- plishments in the President’s Chal- are frustrated at the fact that they either cate that Martin had been beaten and lenge Physical Activity and Fitness can’t be home, or we don’t have more direc- harassed before because of his per- Awards Program. This program was tion right now. We have seen the articles and ceived homosexuality. originated by President Lyndon John- the photographs, and they are sickening. I believe that government’s first duty son in 1966 and is especially important Being isolated as we are, I don’t think we ap- today given the increasing physical in- preciate the full scope of what is happening is to defend its citizens, to defend them back home, but we are definitely feeling the against the harms that come out of activity among American youth. effects. hate. The Local Law Enforcement En- Calvary Chapel Christian School had About two hours ago the junior officers hancement Act of 2001 is now a symbol a remarkable number of students that were called to the bridge to conduct that can become substance. I believe earned high scores on the President’s Shiphandling drills. We were about to do a that by passing this legislation, we can Physical Fitness Challenge. These stu- man overboard when we got a call from the change hearts and minds as well. dents demonstrated their abilities in Lutjens (D185), a German warship that was four different physical fitness tests f moored ahead of us on the pier in Plymouth, that tested agility, flexibility, England. While in port, the Winston S AN IMMEDIATE RESPONSE FROM strength, and endurance. This achieve- Churchill and the Lutjens got together for a NEW JERSEY sports day/cookout on our fantail, and we ment is all the more prestigious given made some pretty good friends. Mr. CORZINE. Madam President, it what the President’s Council on Phys- Now at sea they called over on bridge-to- is with deep pride and a certain humil- ical Fitness and Sports labels an ‘‘epi- bridge, requesting to pass us close up on our ity that I rise today to pay tribute to demic of physical inactivity’’ among port side, to say goodbye. We prepared to the women and men of New Jersey who American youth. More than one-third render them honors on the bridgewing, and in the midst of very personal loss and of high school students do not partici- the Captain told the crew to come topside to deep sadness, responded immediately pate in vigorous physical activity on a wish them farewell. As they were making regular basis. This epidemic has con- their approach, our Conning Officer an- to the rescue and recovery efforts that nounced through her binoculars that they followed the despicable attack on the tributed to an increase in several med- were flying an American flag. As they came World Trade Center. ical problems, such as diabetes, obe- even closer, we saw that it was flying at In the face of risk and danger, coura- sity, and osteoporosis, among our chil- half-mast. geous New Jerseyans stepped forward dren.

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G01OC6.060 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9971 Calvary Chapel Christian School can EC–4207. A communication from the Dep- Historical Park in the State of Hawaii, and now serve as a role model for other uty Secretary of Defense, transmitting, pur- for other purposes. (Rept. No. 107–71). schools in New Mexico and encourage suant to law, a report relative to the Pen- S. 1097. A bill to authorize the Secretary of the Interior to issue right-of-way permits for them to emphasize the importance of tagon; to the Committee on Appropriations. EC–4208. A communication from the Under natural gas pipelines within the boundary of physical fitness to their students. I Secretary of Defense, Acquisition and Tech- the Great Smoky Mountains National Park. congratulate Calvary Chapel Christian nology, transmitting, pursuant to law, the (Rept. No. 107–72). School on this honor, and I hope that Annual Report on the Mentor-Protege Pro- By Mr. BINGAMAN, from the Committee other schools will follow their fine ex- gram dated May 2001; to the Committee on on Energy and Natural Resources, with an ample.∑ Armed Services. amendment in the nature of a substitute: EC–4209. A communication from the Prin- S. 1105. A bill to provide for the expeditious f cipal Deputy General Counsel, Department completion of the acquisition of State of Wy- MESSAGE FROM THE HOUSE of Defense, transmitting, a draft of proposed oming lands within the boundaries of Grand legislation entitled ‘‘Additional Support for Teton National Park, and for other purposes. ENROLLED BILL SIGNED Counterterrorism Activities’’; to the Com- (Rept. No. 107–73). Under the authority of the order of mittee on Armed Services. By Mr. BINGAMAN, from the Committee the Senate of January 3, 2001, the Sec- EC–4210. A communication from the Prin- on Energy and Natural Resources, without retary of the Senate, on October 1, 2001, cipal Deputy General Counsel, Department amendment: during the recess of the Senate, re- of Defense, transmitting, a draft of proposed H.R. 146. A bill to authorize the Secretary ceived a message from the House of legislation entitled ‘‘Contracts for Perform- of the Interior to study the suitability and ance of Firefighting and Security-Guard feasibility of designating the Great Falls Representatives announcing that the Historic District in Paterson, New Jersey, as Speaker has signed the following en- Functions at Department of Defense Facili- ties’’; to the Committee on Armed Services. a unit of the National Park System, and for rolled bill: EC–4211. A communication from the Gen- other purposes. (Rept. No. 107–74). H.R. 2510. An act to extend the expiration eral Counsel of the Department of Defense, H.R. 182. A bill to amend the Wild and Sce- date of the Defense Production Act of 1950, transmitting, a draft of proposed legislation nic Rivers Act to designate a segment of the and for other purposes. entitled ‘‘Secretary of Defense Authority to Eight Mile River in the State of Connecticut The enrolled bill was signed subse- Delegate’’; to the Committee on Armed Serv- for study for potential addition to the Na- quently by the President pro tempore ices. tional Wild and Scenic Rivers System, and EC–4212. A communication from the Sec- for other purposes. (Rept. No. 107–75). (Mr. BYRD). retary of Transportation, transmitting, pur- H.R. 1000. A bill to adjust the boundary of f suant to law, the report of the Office of In- the William Howard Taft National Historic spector General for the period October 1, 2000 Site in the State of Ohio, to authorize an ex- EXECUTIVE AND OTHER change of land in connection with the his- COMMUNICATIONS through March 31, 2001; to the Committee on Governmental Affairs. toric site, and for other purposes. (Rept. No. The following communications were EC–4213. A communication from the Gen- 107–76). laid before the Senate, together with eral Counsel of the Department of Defense, H.R. 1668. To authorize the Adams Memo- accompanying papers, reports, and doc- transmitting, a draft of proposed legislation rial Foundation to establish a commemora- relating to customs fees, the Federal Claims tive work on Federal land in the District of uments, which were referred as indi- Columbia and its environs to honor former cated: Collection Act, and auditing payments for customs services; to the Committee on Gov- President John Adams and his legacy. (Rept. EC–4201. A communication from the Acting ernmental Affairs. No. 107–77). Administrator, Energy Information Adminis- EC–4214. A communication from the Gen- By Mr. LEAHY, from the Committee on tration, Department of Energy, transmit- eral Counsel of the Department of Defense, the Judiciary: ting, pursuant to law, the Annual Energy Re- transmitting, a draft of proposed legislation Report to accompany S. 703, a bill to ex- view for 2000; to the Committee on Energy relative to the provision of support for weap- tend the effective period of the consent of and Natural Resources. ons inspections and monitoring in Iraq and Congress to the interstate compact relating EC–4202. A communication from the Direc- the transfer of certain naval vessels; to the to the restoration of Atlantic salmon to the tor of the Office of Regulations Management, Committee on Foreign Relations. Connecticut River Basin and creating the Veterans Benefits Administration, Depart- EC–4215. A communication from the Execu- Connecticut River Atlantic Salmon Commis- ment of Veterans Affairs, transmitting, pur- tive Secretary and Chief of Staff, Agency for sion, and for other purposes. (Rept. No. 107– suant to law, the report of a rule entitled International Development, transmitting, 78). ‘‘Veterans Benefits and Health Care Im- pursuant to law, the report of a nomination f provement Act of 2000’’ received on Sep- for the position of Assistant Administrator, INTRODUCTION OF BILLS AND tember 26, 2001; to the Committee on Vet- Bureau for Global Health; to the Committee erans’ Affairs. on Foreign Relations. JOINT RESOLUTIONS EC–4203. A communication from the Legis- EC–4216. A communication from the Execu- The following bills and joint resolu- lative and Regulatory Activities Division, tive Secretary and Chief of Staff, Agency for tions were introduced, read the first Comptroller of the Currency, Administrator International Development, transmitting, of National Banks, transmitting, pursuant to and second times by unanimous con- pursuant to law, the report of a nomination sent, and referred as indicated: law, the report of a rule entitled ‘‘Operating for the position of Assistant Administrator, Subsidiaries of Federal Branches and Agen- Bureau for Legislative and Public Affairs, re- By Mr. CLELAND (for himself and Mr. cies’’ (12 CFR Parts 5 and 28) received on ceived on September 26, 2001; to the Com- MILLER): September 26, 2001; to the Committee on mittee on Foreign Relations. S. 1476. A bill to authorize the President to Banking, Housing, and Urban Affairs. award a gold medal on behalf of the Congress EC–4204. A communication from the Na- f to Reverend Doctor Martin Luther King, Jr. tional President of the Womens Army Corps REPORTS OF COMMITTEES (posthumously) and his widow Coretta Scott Veterans Association, transmitting, pursu- King in recognition of their contributions to ant to law, the annual audit for the period The following reports of committees the Nation on behalf of the civil rights move- beginning July 1, 2000 through June 30, 2001; were submitted: ment; to the Committee on Banking, Hous- to the Committee on the Judiciary. By Mr. BINGAMAN, from the Committee ing, and Urban Affairs. EC–4205. A communication from the Sec- on Energy and Natural Resources, with By Mr. BINGAMAN (for himself and retary of Health and Human Services, trans- amendments: Mr. DOMENICI): mitting, a draft of proposed legislation enti- S. 423. A bill to amend the Act entitled S. 1477. A bill to provide for an election of tled ‘‘Promoting Safe and Stable Families ‘‘An Act to provide for the establishment of an annuity under section 377 of title 28, Amendments of 2001’’; to the Committee on Fort Clatsop National Memorial in the State United States Code, for any qualified mag- Finance. of Oregon, and for other purposes’’. (Rept. istrate judge; to the Committee on the Judi- EC–4206. A communication from the Acting No. 107–69). ciary. Director of the Office of Sustainable Fish- S. 941. A bill to revise the boundaries of the By Mr. SANTORUM (for himself, Mr. eries, National Marine Fisheries Service, De- Golden Gate National Recreation Area in the DURBIN, Mr. WARNER, Mr. SMITH of partment of Commerce, transmitting, pursu- State of California, to extend the term of the New Hampshire, Mr. LEVIN, Mr. MIL- ant to law, the report of a rule entitled advisory commission for the recreation area, LER, Mr. LIEBERMAN, Mr. BREAUX, ‘‘Fisheries of the Exclusive Economic Zone and for other purposes. (Rept. No. 107–70). and Mr. KENNEDY): Off Alaska; Atka Mackerel in the Central By Mr. BINGAMAN, from the Committee S. 1478. A bill to amend the Animal Welfare Aleutian District of the Bering Sea and on Energy and Natural Resources, without Act to improve the treatment of certain ani- Aleutian Islands’’ received on September 26, amendment: mals, and for other purposes; to the Com- 2001; to the Committee on Commerce, S. 1057. A bill to authorize the addition of mittee on Agriculture, Nutrition, and For- Science, and Transportation. lands to Pu’uhonua o Honaunau National estry.

VerDate 11-MAY-2000 03:46 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.024 pfrm02 PsN: S01PT1 S9972 CONGRESSIONAL RECORD — SENATE October 1, 2001 By Mr. BOND: sidy bond rules based on median family ALLEN) was added as a cosponsor of S. S. 1479. A bill to require procedures that income, and for other purposes. 1250, a bill to amend title 10, United ensure the fair and equitable resolution of S. 697 States Code, to improve transitional labor integration issues in transactions for medical and dental care for members of the combination of air carriers, and for other At the request of Mr. HATCH, the purposes; to the Committee on Health, Edu- name of the Senator from Vermont the Armed Forces released from active cation, Labor, and Pensions. (Mr. JEFFORDS) was added as a cospon- duty to which called or ordered, or for By Mr. BINGAMAN (by request): sor of S. 697, a bill to modernize the fi- which retained, in support of a contin- S. 1480. A bill to amend the Reclamation nancing of the railroad retirement sys- gency operation. Recreation Management Act of 1992 in order tem and to provide enhanced benefits S. 1275 to provide for the security of dams, facili- to employees and beneficiaries. ties, and resources under the jurisdiction of At the request of Mr. KENNEDY, the the Bureau of Reclamation; to the Com- S. 808 name of the Senator from California mittee on Energy and Natural Resources. At the request of Mr. BAUCUS, the (Mrs. FEINSTEIN) was added as a co- f name of the Senator from South Da- sponsor of S. 1275, a bill to amend the kota (Mr. JOHNSON) was added as a co- Public Health Service Act to provide SUBMISSION OF CONCURRENT AND sponsor of S. 808, a bill to amend the grants for public access defibrillation SENATE RESOLUTIONS Internal Revenue Code of 1986 to repeal programs and public access The following concurrent resolutions the occupational taxes relating to dis- defibrillation demonstration projects, and Senate resolutions were read, and tilled spirits, wine, and beer. and for other purposes. referred (or acted upon), as indicated: S. 826 S. 1317 By Mr. BIDEN (for himself, Mr. THUR- At the request of Mrs. LINCOLN, the At the request of Mr. SCHUMER, the MOND, Mr. AKAKA, Mr. ALLEN, Mr. name of the Senator from New Mexico name of the Senator from New Jersey BAYH, Mr. BINGAMAN, Mrs. BOXER, (Mr. BINGAMAN) was added as a cospon- (Mr. TORRICELLI) was added as a co- Mr. BREAUX, Mr. BROWNBACK, Mr. sor of S. 826, a bill to amend title XVIII sponsor of S. 1317, a bill to amend title BYRD, Mr. CAMPBELL, Ms. CANTWELL, XVIII of the Social Security Act to Mrs. CARNAHAN, Mr. CARPER, Mr. of the Social Security Act to eliminate CLELAND, Mrs. CLINTON, Mr. COCHRAN, cost-sharing under the medicare pro- provide for equitable reimbursement Mr. CONRAD, Mr. DEWINE, Mr. DODD, gram for bone mass measurements. rates under the medicare program to Mr. DOMENICI, Mr. DORGAN, Mr. DUR- S. 836 Medicare+Choice organizations. BIN, Mr. EDWARDS, Mrs. FEINSTEIN, At the request of Mr. CRAIG, the S. 1357 Mr. FITZGERALD, Mr. FRIST, Mr. name of the Senator from Nevada (Mr. At the request of Mr. WELLSTONE, the GRAHAM, Mr. GRAMM, Mr. GRASSLEY, ENSIGN) was added as a cosponsor of S. name of the Senator from California Mr. HAGEL, Mr. HATCH, Mr. HELMS, Mr. HOLLINGS, Mr. HUTCHINSON, Mrs. 836, a bill to amend part C of title XI of (Mrs. BOXER) was added as a cosponsor HUTCHISON, Mr. INHOFE, Mr. JEF- the Social Security Act to provide for of S. 1357, a bill to provide for an exam- FORDS, Mr. JOHNSON, Mr. KENNEDY, coordination of implementation of ad- ination of how schools are imple- Mr. KERRY, Ms. LANDRIEU, Mr. ministrative simplification standards menting the policy guidance of the De- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, for health care information. partment of Education’s Office for Mrs. LINCOLN, Mr. LUGAR, Ms. MIKUL- S. 899 Civil Rights relating to sexual harass- SKI, Mr. MILLER, Mr. MURKOWSKI, ment directed against gay, lesbian, bi- Mrs. MURRAY, Mr. NELSON of Ne- At the request of Mr. BIDEN, the sexual, and transgender students. braska, Mr. REID, Mr. SARBANES, Mr. name of the Senator from Vermont SCHUMER, Mr. SMITH of Oregon, Ms. (Mr. LEAHY) was added as a cosponsor S. 1371 SNOWE, Mr. SPECTER, Ms. STABENOW, of S. 899, a bill to amend the Omnibus At the request of Mr. LEVIN, the Mr. TORRICELLI, Mr. VOINOVICH, Mr. Crime Control and Safe Streets Act of name of the Senator from Massachu- WARNER, and Mr. WELLSTONE): 1968 to increase the amount paid to setts (Mr. KERRY) was added as a co- S. Res. 164. A resolution designating Octo- families of public safety officers killed sponsor of S. 1371, a bill to combat ber 19, 2001, as ‘‘National Mammography Day’’; to the Committee on the Judiciary. in the line of duty. money laundering and protect the S. 1066 United States financial system by f At the request of Mr. HATCH, the strengthening safeguards in private ADDITIONAL COSPONSORS name of the Senator from Connecticut banking and correspondent banking, S. 249 (Mr. LIEBERMAN) was added as a co- and for other purposes. At the request of Mr. REID, the name sponsor of S. 1066, a bill to amend title S. 1431 of the Senator from Oregon (Mr. SMITH XVIII of the Social Security Act to es- At the request of Mr. MCCONNELL, of Oregon) was added as a cosponsor of tablish procedures for determining pay- the name of the Senator from New S. 249, a bill to amend the Internal ment amounts for new clinical diag- Hampshire (Mr. SMITH of New Hamp- Revenue Code of 1986 to expand the nostic laboratory tests for which pay- shire) was added as a cosponsor of S. credit for electricity produced from ment is made under the medicare pro- 1431, a bill to authorize the Secretary certain renewable resources. gram. of the Treasury to issue War Bonds in S. 543 S. 1075 support of recovery and response ef- At the request of Mr. WELLSTONE, the At the request of Mr. GRASSLEY, the forts relating to the September 11, 2001 names of the Senator from Louisiana name of the Senator from Michigan hijackings and attacks on the Pen- (Ms. LANDRIEU) and the Senator from (Mr. LEVIN) was added as a cosponsor of tagon and the World Trade Center, and Oregon (Mr. WYDEN) were added as co- S. 1075, a bill to extend and modify the for other purposes. sponsors of S. 543, a bill to provide for Drug-Free Communities Support Pro- S. 1434 equal coverage of mental health bene- gram, to authorize a National Commu- At the request of Mr. SPECTER, the fits with respect to health insurance nity Antidrug Coalition Institute, and name of the Senator from Virginia (Mr. coverage unless comparable limita- for other purposes. ALLEN) was added as a cosponsor of S. tions are imposed on medical and sur- S. 1165 1434, a bill to authorize the President gical benefits. At the request of Mr. BIDEN, the to award posthumously the Congres- S. 677 name of the Senator from Louisiana sional Gold Medal to the passengers At the request of Mr. HATCH, the (Ms. LANDRIEU) was added as a cospon- and crew of United Airlines flight 93 in name of the Senator from Oregon (Mr. sor of S. 1165, a bill to prevent juvenile the aftermath of the terrorist attack WYDEN) was added as a cosponsor of S. crime, promote accountability by and on the United States on September 11, 677, a bill to amend the Internal Rev- rehabilitation of juvenile crime, punish 2001. enue Code of 1986 to repeal the required and deter violent gang crime, and for S. 1444 use of certain principal repayments on other purposes. At the request of Mr. MCCONNELL, mortgage subsidy bond financing to re- S. 1250 the names of the Senator from Kansas deem bonds, to modify the purchase At the request of Mrs. CARNAHAN, the (Mr. BROWNBACK) and the Senator from price limitation under mortgage sub- name of the Senator from Virginia (Mr. South Carolina (Mr. THURMOND) were

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.034 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9973 added as cosponsors of S. 1444, a bill to S. CON. RES. 69 derail his mission, Dr. King acted on establish a Federal air marshals pro- At the request of Mr. WARNER, the his dream of America and succeeded in gram under the Attorney General. name of the Senator from Connecticut making the United States a better S. 1447 (Mr. LIEBERMAN) was added as a co- place. At the request of Mr. HOLLINGS, the sponsor of S. Con. Res. 69, a concurrent Mrs. Coretta Scott King, working names of the Senator from Virginia resolution expressing support for tu- alongside her husband, played an im- (Mr. WARNER), the Senator from Min- berous sclerosis awareness. portant role as a leading participant in nesota (Mr. DAYTON), and the Senator AMENDMENT NO. 1583 the American civil rights movement. from Kansas (Mr. BROWNBACK) were At the request of Mrs. CLINTON, the Dr. and Mrs. King worked together to added as cosponsors of S. 1447, a bill to name of the Senator from Oklahoma achieve nonviolent social change and improve aviation security, and for (Mr. NICKLES) was added as a cosponsor full civil rights for African Americans. other purposes. of amendment No. 1583 proposed to After the assassination of her husband, S. 1454 H.R. 2590, a bill making appropriations Mrs. King devoted her time and energy At the request of Mrs. CARNAHAN, the for the Treasury Department, the to developing and building the Atlanta- names of the Senator from Michigan United States Postal Service, the Exec- based Martin Luther King, Jr. Center (Mr. LEVIN), the Senator from Cali- utive Office of the President, and cer- for Nonviolent Social Change as an en- fornia (Mrs. BOXER), the Senator from tain Independent Agencies, for the fis- during memorial to her husband’s life Illinois (Mr. FITZGERALD), the Senator cal year ending September 30, 2002, and and his dream of full civil rights for all from New Jersey (Mr. TORRICELLI), the for other purposes. Americans. Mrs. King also led the mas- sive campaign to establish Dr. King’s Senator from Hawaii (Mr. INOUYE), the AMENDMENT NO. 1599 birthday as a national holiday which is Senator from Vermont (Mr. LEAHY), At the request of Mr. LOTT, the now celebrated in more than 100 coun- the Senator from Arkansas (Mrs. LIN- names of the Senator from Virginia tries around the world. COLN), the Senator from Georgia (Mr. (Mr. WARNER), the Senator from Vir- MILLER), and the Senator from South In recognition of the contributions ginia (Mr. ALLEN), and the Senator made by Dr. and Mrs. King to the civil Carolina (Mr. HOLLINGS) were added as from Mississippi (Mr. COCHRAN) were cosponsors of S. 1454, a bill to provide rights movement and this Nation, Con- added as cosponsors of amendment No. gress should honor these two out- assistance for employees who are sepa- 1599 intended to be proposed to S. 1438, rated from employment as a result of standing individuals by enacting legis- a bill to authorize appropriations for lation that would authorize the Presi- reductions in service by air carriers, fiscal year 2002 for military activities and closures of airports, caused by ter- dent to award a gold medal on their be- of the Department of Defense, for mili- half. Now is the time to honor two of rorist actions or security measures. tary constructions, and for defense ac- S. 1461 this Nation’s greatest public figures, tivities of the Department of Energy, the late Reverend Doctor Martin Lu- At the request of Mr. DURBIN, the to prescribe personnel strengths for name of the Senator from Minnesota ther King, Jr. and his widow, Coretta such fiscal year for the Armed Forces, Scott King. (Mr. DAYTON) was added as a cosponsor and for other purposes. of S. 1461, a bill to amend title 49, I ask unanimous consent that the United States Code, to require that the f text of the bill be printed in the screening of passengers and property STATEMENTS ON INTRODUCED RECORD. There being no objection the bill was on flights in air transportation be car- BILLS AND JOINT RESOLUTIONS ordered to be printed in the RECORD, as ried out by employees of the Federal By Mr. CLELAND (for himself follows: Aviation Administration, and to assist and Mr. MILLER): S. 1476 small- to medium-size airports with se- S. 1476. A bill to authorize the Presi- curity enhancements. Be it enacted by the Senate and House of Rep- dent to award a gold medal on behalf of resentatives of the United States of America in S. 1463 the Congress to Reverend Doctor Mar- Congress assembled, At the request of Mr. SMITH of New tin Luther King, Jr. (posthumously) SECTION 1. FINDINGS. Hampshire, the name of the Senator and his widow Coretta Scott King in Congress finds that— from Montana (Mr. BURNS) was added recognition of their contributions to (1) Reverend Doctor Martin Luther King, as a cosponsor of S. 1463, a bill to pro- the Nation on behalf of the civil rights Jr. and his widow Coretta Scott King, as the vide for the safety of American avia- movement; to the Committee on Bank- first family of the civil rights movement, tion and the suppression of terrorism. have distinguished records of public service ing, Housing, and Urban Affairs. to the American people and the inter- S. 1467 Mr. CLELAND. Madam President, I national community; At the request of Mr. WELLSTONE, the rise today to introduce legislation that (2) Dr. King preached a doctrine of non- name of the Senator from Nebraska will award a gold medal on behalf of violent civil disobedience to combat segrega- (Mr. HAGEL) was added as a cosponsor the Congress to Reverend Doctor Mar- tion, discrimination, and racial injustice; of S. 1467, a bill to amend the Hmong tin Luther King, Jr., posthumously, (3) Dr. King led the Montgomery bus boy- Veterans’ Naturalization Act of 2000 to and his widow Coretta Scott King in cott for 381 days to protest the arrest of Mrs. extend the deadlines for application recognition of their contributions to Rosa Parks and the segregation of the bus and payment of fees. system of Montgomery, Alabama; the Nation on behalf of the civil rights (4) in 1963, Dr. King led the march on Wash- S.J. RES. 12 movement. It is time to honor Dr. Mar- ington, D.C., that was followed by his famous At the request of Mr. SMITH of New tin Luther King, Jr. and his widow address, the ‘‘I Have a Dream’’ speech; Hampshire, the name of the Senator Coretta Scott King, the first family of (5) through his work and reliance on non- from New Hampshire (Mr. GREGG) was the civil rights movement, for their violent protest, Dr. King was instrumental added as a cosponsor of S.J. Res. 12, a distinguished records of public service in the passage of the Civil Rights Act of 1964, joint resolution granting the consent to the American people and the inter- and the Voting Rights Act of 1965; of Congress to the International Emer- national community. (6) despite efforts to derail his mission, Dr. gency Management Assistance Memo- King acted on his dream of America and suc- As one of the premier champions of ceeded in making the United States a better randum of Understanding. basic human rights, Dr. King worked place; S. RES. 109 unselfishly to combat segregation, dis- (7) Dr. King was assassinated for his beliefs At the request of Mr. REID, the name crimination, and racial injustice. In on April 4, 1968, in Memphis, Tennessee; of the Senator from Washington (Ms. 1963, Dr. King led the March on Wash- (8) Mrs. King stepped into the civil rights CANTWELL) was added as a cosponsor of ington, D.C., that was followed by his movement in 1955 during the Montgomery S. Res. 109, a resolution designating famous address, the ‘‘I Have a Dream’’ bus boycott, and played an important role as the second Sunday in the month of De- speech. Through his work and reliance a leading participant in the American civil rights movement; cember as ‘‘National Children’s Memo- on nonviolent protest, Dr. King was in- (9) while raising 4 children, Mrs. King de- rial Day’’ and the last Friday in the strumental in the passage of the Civil voted herself to working alongside her hus- month of April as ‘‘Children’s Memo- Rights Act of 1964 and the Voting band for nonviolent social change and full rial Flag Day.’’ Rights Act of 1965. Despite efforts to civil rights for African Americans;

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.036 pfrm02 PsN: S01PT1 S9974 CONGRESSIONAL RECORD — SENATE October 1, 2001 (10) with a strong educational background Mr. SANTORUM. Madam President, I ious physical difficulties that require in music, Mrs. King established and per- rise today to introduce the Puppy Pro- extensive and costly medical attention. formed several Freedom Concerts, which tection Act of 2001. Introduction of this My interest and involvement in this were well received, and which combined legislation comes as a continuation of matter stem from the regrettable cir- prose and poetry narration with musical se- cumstance of Pennsylvania being home lections to increase awareness and under- my interest in the protection and hu- standing of the Southern Christian Leader- mane treatment of animals, specifi- to many large scale commercial breed- ship Conference (of which Dr. King served as cally, dogs and puppies. In short, the ing facilities operating like puppy the first president); Puppy Protection Act will crack down mills. On a State level, Pennsylvania (11) Mrs. King demonstrated composure in on breeders who are negligent in their has been active, and has made gains in deep sorrow, as she led the Nation in mourn- responsibilities of breeding dogs in a the area of public awareness and edu- ing her husband after his brutal assassina- healthy and humane environment, al- cation, and stronger enforcement tion; ready required by law. through increased inspection. What the (12) after the assassination, Mrs. King de- Across the United States, there are Puppy Protection Act focuses on is the voted all of her time and energy to devel- role of Federal inspectors, and the oping and building the Atlanta-based Martin more than 3,000 commercial dog breed- Luther King Jr. Center for Nonviolent Social ing facilities that are licensed to oper- tools they have to enforce the Animal Change (hereafter referred to as the ‘‘Cen- ate by the United States Department Welfare Act. ter’’) as an enduring memorial to her hus- of Agriculture. Owners of these facili- Specifically, this bill will make the band’s life and his dream of nonviolent social ties are required to comply with the following important changes: One, cre- change and full civil rights for all Ameri- rules and regulations of the Animal ates a ‘‘three strikes and you’re out’’ cans; Welfare Act, AWA, which sets forth enforcement policy for animal welfare (13) under Mrs. King’s guidance and direc- standards for humane handling and violations, such as a lack of food or tion, the Center has flourished; water or basic veterinary care; two, ad- (14) the Center was the first institution treatment. Inspection, to ensure com- pliance with AWA standards, is per- dresses the need for breeding females built in honor of an African American leader; to be given time to recover between lit- (15) the Center provides local, national, formed by the USDA. and international programs that have The shortcomings of this system, ters since currently there are no pro- trained tens of thousands of people in Dr. however, have been: One, inadequate tections against over-breeding, which King’s philosophy and methods, and boasts resources to perform timely and rou- causes physical hardship for females the largest archive of the civil rights move- tine inspections, and two, too few tools and may compromise the health of pup- ment; and to assess the proper care and handling pies; and three, requires that new pup- (16) Mrs. King led the massive campaign to pies have adequate interation with establish Dr. King’s birthday as a national of dogs in federally-licensed kennels. My interest and action over the course other dogs and with people, enhancing holiday, and the holiday is now celebrated in their well-being and helping to mini- more than 100 countries. of several years speaks to both issues. Earlier this year, I spearheaded an ef- mize behavioral problems faced by pet SEC. 2. CONGRESSIONAL GOLD MEDAL. owners. I believe these changes will go (a) PRESENTATION AUTHORIZED.—The Presi- fort with my Senate colleagues to in- dent is authorized to present, on behalf of crease the appropriation for USDA to a long way in cracking down on neg- the Congress, a gold medal of appropriate de- enforce the AWA. One problem has ligent and irresponsible breeding ac- sign to Reverend Doctor Martin Luther been too few resources, approximately tivities that have long-lasting impacts King, Jr. (posthumously) and his widow 80 inspectors, to inspect nearly 10,000 for owners and their pets alike. Coretta Scott King, in recognition of their USDA federally-licensed facilities. I am pleased to have Senator DURBIN service to the Nation. Adequate resources for inspection will join me in introducing this important (b) DESIGN AND STRIKING.—For the purpose bill. I ask unanimous consent to have of the presentations referred to in subsection go a long way in ensuring strong en- forcement. the list of some 827 organizations na- (a), the Secretary of the Treasury shall tionwide who support this bill printed strike a gold medal with suitable emblems, Introduction of the Puppy Protection devices, and inscriptions, to be determined Act addresses the second concern of too in the RECORD. by the Secretary. few tools to assess the proper care and There being no objection, the mate- SEC. 3. DUPLICATE MEDALS. treatment of animals in commercial rial was ordered to be printed in the The Secretary of the Treasury shall strike breeding facilities. Let me be clear, RECORD, as follows: and sell duplicates in bronze of the gold there are many responsible breeders ENDORSEMENT LIST FOR PUPPY PROTECTION medal struck pursuant to section 2, under throughout the United States who ex- ACT such regulations as the Secretary may pre- ercise appropriate care and judgment (827 Endorsements—Updated 10/01/01) scribe, at a price sufficient to cover the costs in their breeding practices. This bill is ALASKA of the duplicate medals and the gold medal Anchorage Animal Control (AK) (including labor, materials, dies, use of ma- not intended to be punitive to those breeders. This bill will, however, crack Gastineau Humane Society (Juneau, AK) chinery, and overhead expenses). Sitka Animal Shelter (Sitka, AK) SEC. 4. NATIONAL MEDALS. down on facilities where even the most ALABAMA The medals struck under this Act are na- basic of needs required by law are not The Animal Shelter (Anniston, AL) tional medals for purposes of chapter 51 of being met. Barbour County Humane Society Inc. title 31, United States Code. The term ‘‘puppy mill’’ is not new to (Eufaula, AL) SEC. 5. FUNDING AND PROCEEDS OF SALE. many people, be it pet owners; con- BJC Animal Control Services, Inc. (Bir- (a) AUTHORIZATION.—There is authorized to sumers; animal welfare advocates; in- mingham, AL) be charged against the United States Mint spectors; or just a casual observer. Central Alabama Animal Shelter (Selma, Public Enterprise Fund an amount not to ex- Puppy mills are considered to be large AL) ceed $30,000 to pay for the cost of the medals breeding operations that mass produce Circle of Friends (Montrose, AL) authorized by this Act. puppies for commercial sale with little City of Irondale Animal Control (Irondale, (b) PROCEEDS OF SALE.—Amounts received AL) from the sale of duplicate bronze medals regard for the humane handling and treatment of the dogs. Breeding and Dekalb County SPCA (Fort Payne, AL) under section 3 shall be deposited in the Greater Birmingham Humane Society (AL) United States Mint Public Enterprise Fund. raising dogs without respect to the ani- Humane Society of Elmore County mal’s welfare guarantees bad results (Wetumpka, AL) By Mr. SANTORUM (for himself, for the unwitting owner, and for the Humane Society of Etowah County (Gads- Mr. DURBIN, Mr. WARNER, Mr. health of the dog and her puppies. den, AL) SMITH of New Hampshire, Mr. For dogs, puppy mill conditions can Humane Society of Chilton County (Clanton, LEVIN, Mr. MILLER, Mr. mean overcrowded cages; lack of pro- AL) LIEBERMAN, Mr. BREAUX, and tection from weather conditions; over- Mobile SPCA (Mobile, AL) Mr. KENNEDY): breeding; lack of veterinary care; and Monroe County Humane Society (Monroe- S. 1478. A bill to amend the Animal lack of interaction with humans at ville, AL) Montgomery Humane Society (Montgomery, Welfare Act to improve the treatment early stages. What this could mean for AL) of certain animals, and for other pur- the consumer is caring for a pet with St. Clair Animal Shelter (Pell City, AL) poses; to the Committee on Agri- developmental problems, such as ag- Tuscaloosa Metro Animal Shelter (Tusca- culture, Nutrition, and Forestry. gressive behavior or anxiety, and var- loosa, AL)

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.038 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9975 Walker County Humane Society (Jasper, AL) Petaluma Animal Services (Petaluma, CA) Pet Animal Welfare Society (PAWS) (Nor- ARKANSAS Placer County Animal Services (Auburn, CA) walk, CT) Berryville Animal Care and Control Placer County Animal Services (Kings Quinebaug Valley Animal Welfare Service (Berryville, AR) Beach/Tahoe Vista, CA) (Dayville, CT) Hot Springs Village Animal Welfare League Pleasanton Police Department-Animal Serv- Valley Shore Animal Welfare League (HPV, AR) ices (Pleasanton, CA) (Westbrook, CT) Paragould Animal Welfare Society Rancho Coastal Humane Society (Leucadia, DELAWARE (Paragould, AR) CA) Delaware SPCA (Georgetown, DE) Sherwood Animal Services (Sherwood, AR) Reedley Police Department (Reedley, CA) Delaware SPCA (Stanton, DE) Retired Greyhound Rescue (Yuba City, CA) ARIZONA FLORIDA Sacramento County Animal Care and Regu- Animal Defense League of Arizona (Tucson, lation (Sacramento, CA) Alachua County Humane Society (Gaines- AZ) Sacramento SPCA (Sacramento, CA) ville, FL) Arizona Animal Welfare League (Phoenix, Santa Cruz SPCA (Santa Cruz, CA) Animal Rights Foundation of Florida (Pom- AZ) Seal Beach Animal Care Center (Seal Beach, pano Beach) Cocomino Humane Association (Flagstaff, CA) Animal Welfare League of Charlotte County AZ) Siskiyou County Animal Control (Yreka, (Port Charlotte, FL) Hacienda De Los Milagros, Inc. (Chino Val- CA) Arni Foundation (Daytona Beach, FL) ley, AZ) Solano County Animal Control (Fairfield, Baker County Animal Control (Macclenny, Holbrook Police Department (Holbrook, AZ) CA) FL) Humane Society of Sedona (Sedona, AZ) Southeast Area Animal Control Authority Central Brevard Humane Society-Central Humane Society of Southern Arizona (Tuc- (Downey, CA) (Cocoa, FL) son, AZ) Central Brevard Humane Society-South The SPCA of Monterey County (Monterey, Payson Humane Society, Inc. (Payson, AZ) (Melbourne, FL) CA) Actors and Others for Animals (North Holly- Citizens for Humane Animal Treatment Stanislaus County Animal Services (Mo- wood, CA) (Crawfordville, FL) desto, CA) All for Animals (Santa Barbara, CA) Clay County Animal Control (Green Cove State Humane Association of California Animal Friends of the Valley/LEAF (Lake Springs, FL) (Sacramento, CA) Elsinore, CA) Coral Springs Humane Unit (Coral Springs, Town and Country Humane Society (Orland, Animal Protection Institute (Sacramento, FL) CA) CA) First Coast Humane Society/Nassau County Town of Truckee Animal Control (Truckee, Animal Care Services Division, City of Sac- Animal Control (Yulee, FL) ramento (Sacramento, CA) CA) Flayler County Humane Society (Palm Animal Place (Vacaville, CA) Tracy Animal Shelter (Tracy, CA) Coast, FL) Antioch Animal Services (Antioch, CA) Tri-City Animal Shelter (Fremont, CA) Halifax Humane Society (Daytona Beach, Association of Veterinarians for Animal Turlare County Animal Control Shelter FL) Rights (Davis, CA) (Visalia, CA) Humane Society of Broward County (Fort Benicia/Vallejo Humane Society (Vallejo, United Animal Nations/Emergency Rescue Lauderdale, FL) CA) Service (Santa Barbara, CA) Humane Society of Collier County, Inc. Berkeley Animal Care Services (Berkeley, Valley Humane Society (Pleasanton, CA) (Naples, FL) CA) Woods Humane Society (San Luis Obispo, Humane Society of Lake County (Eustis, FL) California Animal Care (Palm Desert, CA) CA) Humane Society of Lee County, Inc. (Fort California Animal Defense and Anti-Vivi- Yuba Sutter SPCA (Yuba City, CA) Myers, FL) section League, Inc. (Carson, CA) Yucaipa Animal Placement Society Humane Society of St. Lucie County (Fort City of Sacramento Animal Care Services (Yucaipa, CA) Pierce, FL) Division (Sacramento, CA) COLORADO Humane Society of Tampa Bay (Tampa, FL) City of Santa Barbara Police Department- Adams County Animal Control (Commerce Humane Society of the Treasure Coast, Inc. Animal Control (Santa Barbara, CA) City, CO) (Palm City, FL) Contra Costa Humane Society (Pleasant Hill, Barnwater Cats Rescue Organization (Den- Jacksonville Humane Society (FL) CA) ver, CO) Jefferson County Humane Society (Monti- Costa Mesa Animal Control (Costa Mesa, CA) Cherry Hills Village Animal Control (Cherry cello, FL) Desert Hot Springs Animal Control (Desert Hills Village, CO) Lake City Animal Shelter (Lake City, FL) Hot Springs, CA) Delta County Humane Society (Delta, CO) Leon County Humane Society (Tallahassee, FL) Division (Santa Barbara, CA) Denver Animal Control and Shelter (Denver, Marion County Animal Center (Ocala, FL) Dog Obedience Club of Torrance, CA (Tor- CO) Okaloosa County Animal Services (Fort Wal- rance, CA) The Dreampower Foundation/P.A.A.L.S. ton Beach, FL) Earth Island Institute (San Francisco, CA) (Castle Rock, CO) Panhandle Animal Welfare Society (Fort Eileen Hawthorne Fund Inc. (Fort Bragg, Dumb Friends League (Denver, CO) Walton Beach, FL) CA) Good Samaritan Pet Center (Denver, CO) Play Acres Inc. (Wildwood, FL) Escondido Humane Society (Escondido, CA) Humane Society of Boulder Valley (Boulder, Prayer Alliance for Animals (Jupiter, FL) Friends for Pets Foundation (Sun Valley, CO) Putnam County Humane Society (Hollister, CA) Intermountain Humane Society (Conifer, FL) Friends of the Fairmount Animal Shelter CO) (San Leandro, CA) Safe Animal Shelter of Orange Park (Orange Larimer Humane Society (Fort Collins, CO) Park, FL) Friends of Solano County (Fairfield, CA) Lone Rock Veterinary Clinic (Bailey, CO) Haven Humane Society, Inc. (Redding, CA) Safe Harbor Animal Rescue and Clinic (Juni- Longmont Humane Society (Longmont, CO) per, FL) The Healdsburg Animal Shelter (Healdsburg, Montrose Animal Protection Agency CA) South Lake Animal League, Inc. (Clermont, (Montrose, CO) FL) Helen Woodward Animal Center (Rancho Rangely Animal Shelter (Rangely, CO) Santa Fe, CA) Southeast Volusia Humane Society (New Rocky Mountain Animal Defense (Boulder, Smyrna Beach, FL) Hollister Animal Shelter (Hollister, CA) CO) Humane Education Network (Menlo Park, SPCA of Hernando County, Inc. (Brooksville, Table Mountain Animal Center (Golden, CO) FL) CA) Thornton Animal Control (Thornton, CO) Humane Society of Imperial County (El Cen- SPCA of Pinellas County (Largo, FL) tre, CA) CONNECTICUT SPCA of West Pasco (New Port Richey, FL) Humane Society of Tuolumne County Animal Welfare Associates, Inc. (Stamford, Suncoast Basset Rescue, Inc. (Gainesville, (Jamestown, CA) CT) FL) Kings SPCA (Hanford, CA) Connecticut Humane Society (Newington, Suwannee County Humane Society (Live Lawndale Municipal Services, Animal Con- CT) Oak, FL) trol Division (Lawndale, CA) Enfield Police Department—Animal Control Volusia County Animal Services (Daytona, The Marin Humane Society (Novato, CA) (Enfield, CT) FL) Orange County People for Animals (Irvine, Forgotten Felines, Inc. (Clinton, CT) Wings of Mercy Animal Rescue (Panama CA) The Greater New Haven Cat Project, Inc. County Beach, FL) Orange County SPCA (Huntington Beach, (New Haven, CT) GEORGIA CA) Hamilton Sundstrand (West Locks, CT) Animal Rescue Foundation, Inc. Pasadena Humane Society and SPCA (Pasa- Kitty Angels of Connecticut (Coventry, CT) (Milledgeville, GA) dena, CA) Meriden Humane Society (Meriden, CT) Atlanta Humane Society and SPCA, Inc. (At- Pet Adoption League (Grass Valley, CA) Milford Animal Control (Milford, CT) lanta, GA)

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.065 pfrm02 PsN: S01PT1 S9976 CONGRESSIONAL RECORD — SENATE October 1, 2001 Basset Hound Rescue of Georgia, Inc. (Ken- Humane Society of Scott County (Dav- Home for Friendless Animals Inc. (Indianap- nesaw, GA) enport, IA) olis, IN) Big Canoe Animal Rescue (Big Canoe, GA) Iowa City Animal Care and Control (Iowa Humane Society Calumet Area, Inc. (Mun- Catoosa County Animal Control (Ringgold, City, IA) ster, IN) GA) Iowa Federation of Humane Societies (Des Humane Society of Elkhart County (Elkhart, Charles Smithgall Humane Society, Inc. Moines) IN) (Cleveland, GA) Jasper County Animal Rescue League and Humane Society for Hamilton County Clayton County Humane Society (Jonesboro, Humane Society (Newton, IA) (Noblesville, IN) GA) Keokuk Animal Shelter, Animal Control Humane Society of Hobart (Hobart, IN) Collie Rescue of Metro Atlanta, Inc. (At- (Keokuk, IA) Humane Society of Indianapolis (Indianap- lanta, GA) Keokuk Humane Society (Keokuk, IA) olis, IN) Coweta County Animal Control Department Montgomery County Animal Rescue (Red Humane Society of Perry County (Tell City, (Newnan, GA) Oak, IA) IN) Crawfordville Shelter (Crawfordville, GA) Muscatine Humane Society (Muscatine, IA) Johnson County Animal Shelter (Franklin, Douglas County Humane Society Siouxland Humane Society (Sioux City, IA) IN) (Douglasville, GA) Solution to Over-Population of Pets (Bur- La Porte County Animal Control (La Porte, Dublin-Laurens Humane Association (Dub- lington, IA) IN) lin, GA) Spay Neuter Assistance for Pets (SNAP) Madison County SPCA and Humane Society, Fayette County Animal Shelter (Fayette- (Muscatine, IA) Inc. (Anderson IN) ville, GA) Vinton Animal Shelter (Vinton, IA) Michiana Humane Society (Michigan City, Fitzgerald-Ben Hill Humane Society (Fitz- IDAHO IN) gerald, GA) Animal Ark (Grangeville, ID) Monroe County Humane Association (Bloom- Forsyth County Humane Society (Cumming, Animal Shelter of Wood River Valley ington, IN) GA) (Hailey, ID) Morgan County Humane Society Georgia Labrador Rescue (Canton, GA) Bannock Humane Society (Pocatello, ID) Martinsville, IN) Glyne County Animal Services (Brunswick, Ferret Haven Shelter/Rescue of Boise, Inc. New Albany/Floyd County Animal Shelter/ GA) (Boise, ID) Control (New Albany, IN) Golden Retriever Rescue of Atlanta (Peach- Humane Society of the Palouse (Moscow, ID) Owen County Humane Society (Spencer, IN) tree City, GA) Idaho Humane Society (Boise, ID) Salem Department of Animal Control Homeward Bound Pet Rescue, Inc. (Ellijay, Kootenai Humane Society (Hayden, ID) (Salem, IN) GA) Pocatello Animal Control (Pocatello, ID) Scott County Animal Control and Humane Humane Services of Middle Georgia (Macon, Second Chance Animal Shelter (Payette, ID) Investigations (Scottsburg, IN) GA) Twin Falls Humane Society (Twin Falls, ID) Sellersburg Animal Control (Sellersburg, IN) Humane Society of Camden County Shelbyville/Shelby County Animal Shelter ILLINOIS (Shelbyville, IN) (Kingsland, GA) Alton Area Animal Aid Association (God- Humane Society of Griffin-Spalding County South Bene Animal Care and Control (South frey, IL) Bend, IN) (Experiment, GA) Anderson Animal Shelter (South Elgin, IL) St. Joseph County Humane Society Humane Society’s Mountain Shelter The Ant-Cruelty Society (Chicago, IL) (Mishawaka, IN) (Blairsville, GA) Chicago Animal Care and Control (Chicago, Starke County Humane Society (North Humane Society of Northwest Georgia (Dal- IL) Judson, IN) ton, GA) Community Animal Rescue Effort (Evans- Steuben County Humane Society, Inc. (An- Lookout Mountain Animal Resources, Inc. ton, IL) gola, IN) (Menlo, GA) Cook County Department of Animal and Ra- Tippecanoe County Humane Society (Lafay- Lowndes County Animal Welfare (Valdosta, bies Control (Bridgeview, IL) ette, IN) GA) Friends Forever Humane Society (Freeport, Vanderburgh Humane Society, Inc. (Evans- Okefenokee Humane Society (Waycross, GA) IL) ville, IN) Pet Partners of Habersham, Inc. (Cornelia, Hinsdale Humane Society (Hinsdale, IL) Wells County Humane Society, Inc. GA) Homes for Endangered and Lost Pets (St. (Bluffton, IN) Pound Puppies N Kittens (Oxford, GA) Charles, IL) KANSAS Rescuing Animals in Need, Inc. (Buford, GA) Humane Society of Winnebago County Rockdale County Animal Care and Control (Rockford, IL) Animal Heaven (Merriam, KS) (Conyers, GA) Illinois Federation of Humane Societies (Ur- Arma Animal Shelter (Arma, KS) Small Dog Rescue/Adoption (Cumming, GA) bana) Caring Hands Humane Society (Newton, KS) Society of Humane Friends of Georgia, Inc. Illiois Humane Political Action Committee Chanute Animal Control Department (Lawrenceville, GA) (Mahomet) (Chanute, KS) Toccoa-Stephens County Animal Shelter Kankakee County Humane Society (Kan- City of Kinsley Animal Shelter (Kinsley, KS) (Toccoa, GA) kakee, IL) Finney County Humane Society (Garden Town of Chester (Chester, GA) Metro East Humane Society (Edwardsville, City, KS) Ford County Humane Society (Dodge City, HAWAII IL) Naperville Animal Control (Naperville, IL) KS) Hawaii Island Humane Society (Kailua-Kona, Peoria Animal Welfare Shelter (Peoria, IL) Heart of America Humane Society (Overland HI) Peoria Humane Society (Peoria, IL) Park, KS) Hawaii Island Humane Society (Keaau, HI) PetEd Human Education (Hinsdale, IL) Hutchinson Humane Society (Hutchinson, Hawaiian Humane Society (Honolulu, HI) Quincy Humane Society (Quincy, IL) KS) Kauai Humane Society (Lihue, HI) South Suburban Humane Society (Chicago Kansas Humane Society of Wichita (Wichita, The Maui Humane Society (Puunene, HI) Heights , IL) KS) West Hawaii Humane Society (Kailua-Kona, Tazewell Animal Protective Society (Pekin, Lawrence Humane Society (Lawrence, KS) HI) IL) Leavenworth Animal Shelter (Leavenworth, IOWA West Suburban Humane Society (Downers KS) Animal Control (Creston, IA) Grove,IL) Medicine Lodge Animal Shelter (Medicine Animal Lifeline of Iowa, Inc. (Carlisle, IA) Winnebago County Animal Services (Rock- Lodge, KS) Animal Protection Society of Iowa (Des ford, IL) Neosho County Sheriff’s Office (Erie, KS) Moines) INDIANA Salina Animal Shelter (Salina, KS) S.E.K. Humane Society (Pittsburg, KS) Animal Rescue League of Iowa (Des Moines) Allen County SPCA (Fort Wayne, IN) Appanoose County Animal Lifeline, Inc. Cass County Humane Society (Logansport, KENTUCKY (Centerville, IA) IN) Boone County Animal Control (Burlington, Cedar Bend Humane Society (Waterloo, IA) Dubois CountyHumane Society (Jasper, IN) KY) Cedar Rapids Animal Control (Ely, IA) Elkhart City Police Department-Animal Friends of the Shelter/SPCA Kentucky (Flor- Cedar Valley Humane Society (Cedar Rapids, Control Division (Elkhart, IN) ence, KY) IA) Fort Wayne Animal Care and Control (Ft. Humane Society of Nelson County City of Atlantic Animal Shelter (Atlantic, Wayne, IN) (Bardstown, KY) IA) Greene County Humane Society (Linton, IN) Jefferson County Animal Control and Pro- Creston Animal Rescue Effort (Creston, IA) Greenfields, Hancock County Animal Control tection (Louisville, KY) Friends of the Animals of Jasper County (Greenfield, IN) Kentucky Coalition for Animal Protection, (Newton, IA) Hammond Animal Control (Hammond, IN) Inc. (Lexington, KY) Humane Society of Northwest Iowa (Milford, Hendricks County Humane Society Marion County Humane Society Inc. (Leb- IA) (Brownsburg, IN) anon, KY)

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.068 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9977

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

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.071 pfrm02 PsN: S01PT1 S9978 CONGRESSIONAL RECORD — SENATE October 1, 2001 Henderson County Humane Society (Hender- Rio Grande Animal Humane Association, Humane Society of Sandusky County (Fre- sonville, NC) Inc. (Los Lunas, NM) mont, OH) Justice For Animals, Inc. (Raleigh, NC) Roswell Humane Society (Roswell, NM) Lake County Dog Shelter (Painesville, OH) Moore Humane Society (Southern Pines, NC) San Juan Animal League (Farmington, NM) Lake County Humane Society, Inc. (Mentor, North Carolina Animal/Rabies Control Asso- Santa Fe Animal Shelter and Humane Soci- OH) ciation (Raleigh, NC) ety (NM) Marion County Humane Society (Marion, SPCA of Wake County (Garner, NC) NEVADA OH) Wake County Animal Control Raleigh, NC) Carson/Eagle Valley Humane Society (Car- Maumee Valley Save-A-Pet (Waterville, OH) Watauga Humane Society (Blowing Rock, son City, NV) Medina County Animal Shelter (Medina, OH) NC) Nevada Humane Society (Sparks, NV) Miami County Animal Shelter (Troy, OH) NORTH DAKOTA Monroe County Humane Society (Woodsfield, NEW YORK OH) Central Dakota Humane Society (Mandan, Animal Rights Advocates of Western New Montgomery County Animal Shelter (Day- ND) York (Amherst, NY) ton, OH) James River Humane Society (Jamestown, The Caring Corps, Inc. (New York, NY) Morrow County Humane Society (Mt. Gilead, ND) Chautauqua County Humane Society OH) Souris Valley Humane Society (Minot, ND) (Jamestown, NY) North Central Ohio Nature Preservation NEBRASKA Chenango County SPCA (Norwich, NY) League (Mansfield, OH) Capital Humane Society (Lincoln, NE) Columbia-Greene Humane Society (Hudson, North Coast Humane Society (Cleveland, OH) Care Seekers (Omaha, NE) NY) Ohio County Dog Wardens’ Association Central Nebraska Humane Society (Grand Is- Elmore SPCA (Peru, NY) (Delaware, OH) land, NE) Finger Lakes SPCA of Central New York Ohioans for Animal Rights (Eastlake, OH) Coalition for Animal Protection, Inc. (Auburn, NY) PAWS (Middletown, OH) (Omaha, NE) The Fund for Animals (New York, NY) Paws and Prayers Per Rescue (Akron, OH) Dodge County Humane (Fremont, NE) Humane Society of Rome (Rome, NY) Pet Birth Control Clinics (Cleveland, OH) Hearts United for Animals (Auburn, NE) New York State Animal Control Association Pet-Guards Shelter (Cuyahoga Falls, OH) McCook Humane Society (McCook, NE) (Oswego, NY) Portage County Animal Protective League Nebraska Border Collie Rescue (Bellevue, New York State Humane Association (King- (Ravenna, OH) NE) ston, NY) Portage County Dog Warden (Ravenna, OH) Nebraska Humane Society (Omaha, NE) People for Animal Rights, Inc. (Syracuse, Rescue, Rehabilitation and Release Wildlife Panhandle Humane Society (Scottsbluff, NE) NY) Center (New Philadelphia, OH) White Rose Sanctuary (Gordon, NE) SPCA of Catt County (Olean, NY) Sandusky County Dog Warden (Fremont, NEW HAMPSHIRE St. Francis Animal Shelter, Inc. (Buffalo, OH) NY) Animal Rescue League of New Hampshire The Scratching Post (Cincinnati, OH) (Bedford, NH) OHIO Society for the Improvement of Conditions Cocheco Valley Humane Society (Dover, NH) Angles for Animals (Greenford, OH) for stray Animals (Kettering, OH) Collage (Nashua, NH) Animal Adoption Foundation (Hamilton, OH) SPCA Cincinnati (Cincinnati, OH) Concord-Merrimack County SPCA (Concord, Animal Charity (Youngstown, OH) Stark County Humane Society (Louisville, NH) Animal Control of Brook Park (Brook Park, OH) Conway Area Human Society (Center OH) Their Caretakers (DeGraff, OH) Conway, NH) Animal Control—City of Middleburg Heights Toledo Area Humane Society (Maumee, OH) Greater Derry Humane Society, Inc. (East (Middleburg Heights, OH) Tuscarawas County Dog Pound (New Phila- Derry, NH) Animal Protection Guild (Canton, OH) delphia, OH) Humane Society of Greater Nashua (Nashua, Animal Protective League (Cleveland, OH) Wayne County Humane Society (Wooster, NH) The Animal Shelter Society, Inc. (Zanes- OH) Manchester Animal Shelter (Manchester, ville, OH) Wester Reserve Humane Society (Euclid, OH) NH) Alter Pet Inc. (Sharon Center, OH) Wyandot County Humane Society, Inc. (San- Monadnock Humane Society (W. Swanzey, Ashtabula County Humane Society (Jeffer- dusky, OH) NH) son, OH) OKLAHOMA New Hampshire Animal Rights League, Inc. Athens County Humane Society (Athens, Animal Aid of Tulsa, Inc. (Tulsa, OK) (Concord, NH) OH) Enid SPCA (Enid, OK) The New Hampshire Doberman Rescue Belmont County Animal Shelter (St. Home at Last Organization (Tulsa, OK) League, Inc. (Rochester, NH) Clairsville, OH) Humane Society of Cherokee County (Tahle- New Hampshire Humane Society (Laconia, Brown County Animal Shelter (Georgetown, quah, OK) NH) OH) Partners for Animal Welfare Society New Hampshire SPCA (Stratham, NH) Canine Therapy Companions (Wooster, OH) (McAlester, OK) Solutions to Overpopulation of Pets, Inc. Capital Area Humane Society (Hilliard, OH) PAWS (Muskogee, OK) (Concord, NH) Carroll County Humane Society (Carrollton, Petfinders Animal Welfare Society, Inc. Sullivan County Humane Society (Clare- OH) (Moore, OK) mont, NH) City of Cleveland Dog Kennels (Cleveland, Promoting Animal Welfare Society, Inc. White Mountain Animal League (Franconia, OH) (Muskogee, OK) NH) Crawford County Humane Society (Bucyrus, Stephens County Humane Society (Duncan, NEW JERSEY OH) OK) Darke County Animal Shelter (Greenville, Animal Welfare Federation of New Jersey Volunteers for Animal Welfare, Inc. (Okla- OH) (Montclair, NJ) homa City, OK) Erie County Dog Pound (Sandusky, OH) Associated Humane Societies (Newark, NJ) OREGON Euclid Animal Shelter (Euclid, OH) Cumberland County SPCA (Vineland, NJ) Harrison County Dog Warden (Codiz, OH) Hood River County Sheriff’s Department Humane Society of Atlantic County (Atlan- Hearts and Paws (Canal Fulton, OH) (Hood River, OR) tic County, NJ) Henry County Humane Society (Napoleon, Humane Society of Allen County (Lima, OR) Hunterdon County SPCA (Milford, NJ) OH) Humane Society of Central Oregon (Bend, Monmouth County SPCA (Eatontown, NJ) Humane Association of Butler County (Tren- OR) Parsippany Animal Shelter (Parsippany, NJ) ton, OH) Humane Society of Williamette Valley Paws for a Cause (Brick, NJ) Humane Association of Warren County (Leb- (Salem, OR) NEW MEXICO anon, OH) Jackson County Animal Shelter (Phoenix, Animal Aid Association of Cibola County Humane Society of Delaware County (Dela- OR) (Milan, NM) ware, OH) Lakeview Police Department (Lakeview, OR) Cimarron Police Animal Control (Cimarron, Humane Society of Erie County (Sandusky, Multnomah County Animal Control NM) OH) (Troutdale, OR) Deming/Luna County Humane Society Humane Society of Greater Dayton (Dayton, Oregon Humane Society (Portland, OR) (Deming, NM) OH) South Coast Humane Society (Brookings, Dona Ana County Humane Society (Las Humane Society of the Ohio Valley (Mari- OR) Cruces, NM) etta, OH) Wallowa County Humane Society (Enter- Homeless Animal Rescue Team, Inc. (Los The Humane Society of Ottawa County (Port prise, OR) Lunas, NM) Clinton, OH) PENNSYLVANIA Peoples’ Anti-Cruelty Association (Albu- Humane Society of Preble County (Eaton, Antieam Humane Society, Inc. (Waynesboro, querque, NM) OH) PA)

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.084 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9979 Beaver County Humane Society (Monaca, Humane Society of Dickson County The National Humane Education Society PA) (Dickson, TN) (Leesburg, VA) Bradford County Humane Society (Ulster, Humane Society of Dover-Stewart County New Kent Sheriff’s Department (New Kent, PA) (Dover, TN) VA) Chester County SPCA (West Chester, PA) Nashville Humane Association (Nashville, Page County Animal Shelter (Stanley, VA) Cumberland Valley Animal Shelter (Cham- TN) Pennisula SPCA (Newport News, VA) bersburg, PA) North Central Tennessee Spay and Neuter Portsmouth Police Animal Control (Ports- Humane Society at Lackawanna County (West Lafayette) mouth, VA) (Clarks Summit, PA) Tennessee Humane Association (Knoxville, Potomac Animal Allies, Inc. (Woodbridge, Lehigh Valley Animal Rights Coalition (Al- TN) VA) lentown, PA) TEXAS Prevent a Litter Coalition, Inc. (Reston, VA) The Pennsylvania SPCA (Philadelphia, PA) Animal Adoption Center (Garland, TX) Smyth County Humane Society (Marion, The Pennsylvania SPCA (Stroudsburg, PA) Animal Connection of Texas (Dallas, TX) VA) Ruth Steinert Memorial SPCA (Pottsville, Animal Defense League (San Antonio, TX) SPCA of Northern Virginia (Arlington, VA) PA) Animal Shelter and Adoption Center of Gal- SPCA of Martinsville-Henry County SPCA of Luzerne County (Wilkes Barre, PA) veston Island, Inc. (Galveston, TX) (Martinsville, VA) Western Pennsylvania Westie Rescue Com- Affordable Companion Animal Neutering SPCA of Winchester, Frederick and Clarke mittee (New Castle, PA) (Austin, TX) Counties (Winchester, VA) Women’s Humane Society (Bensalem, PA) Canyon Lake Animal Shelter Society (Can- Suffolk Animal Control Shelter (Suffolk, York County SPCA (Thomasville, PA) yon Lake, TX) VA) RHODE ISLAND Central Texas SPCA (Cedar Park, TX) Tazewell County Animal Shelter (Tazewell, VA) Animal Rescue League of SRI (Wakefield, Citizens for Animal Protection (Houston, Vinton Police Department-Animal Control RI) TX) (Vinton, VA) Potter League For Animals (Newport, RI) City of Brownsville-Animal Control (Browns- ville, TX) Virginia Beach SPCA (Virginia Beach, VA) Providence Animal Control Center Provi- City of Hurst Animal Services (Hurst, TX) Wildlife Center of Virginia (Waynesboro, VA) dence, RI) City of Nacogdoches Animal Shelter Williamsburg-James City County Animal Warren Animal Shelter (Warren, RI) (Nacogdoches, TX) Control (Williamsburg, VA) SOUTH CAROLINA City of West University Place (Houston, TX) VERMONT The Animal Mission (Columbia, SC) Doggiemom Rescue (Dallas, TX) Addison County Humane Society Animal Protection League of South Carolina Find-A-Pet (Dallas, TX) (Middlebury, VT) (Hopkins, SC) Guadalupe County Humane Society (Sequin, Caledonia Animal Rescue (St. Johnsbury, Beaufort County Animal Shelter and Control TX) VT) (Beaufort, SC) Harker Heights Animal Control (Harker Central Vermont Humane Society (Montpe- Blue Ridge Animal Fund (Travelers Rest, Heights, TX) lier, VT) SC) Homeless Pet Placement League (Houston, Collie Rescue League of New England (Brad- TX) City of Aiken Animal Control (Aiken, SC) ford, VT) H.O.R.S.E.S. in Texas (Chico, TX) Columbia Animal Shelter (Columbia, SC) Elizabeth H. Brown Humane Society, Inc. Houston Dachshund Rescue (Spring, TX) Concerned Citizens for Animals (St. Johnsbury, VT) Houston Humane Society (Houston, TX) (Simpsonville, SC) Endtrap (White River Junction, VT) Houston SPCA (Houston, TX) Grand Strand Humane Society (Myrtle Green Mountain Animal Defenders (Bur- Humane Society of El Paso (El Paso, TX) Beach, SC) lington, VT) Humane Society of Greater Dallas (Dallas, The Greenville Humane Society (Greenville, Humane Society of Chittenden County TX) SC) (South Burlington, VT) Humane Society of Harlingen (Harlingen, Hanahan Animal Control Office/Animal Shel- The Nature Network (North Pomfret, VT) TX) ter (Hanahan, SC) Rutland County Humane Society (Pittsford, Humane Society of Montgomery County Hilton Head Humane Association (Hilton VT) (Conroe, TX) Head Island, SC) Rutland Police Department-Animal Control Humane Society of Navarro County (Cor- Humane Society of Marion County (Marion, (Rutland, VT) sicana, TX) SC) Second Chance Animal Center (Shaffsbury, Humane Society of North Texas (Fort Worth, Humane Society of the Midlands (Colombia, VT) TX) SC) Vermont Volunteer Services for Animals Humane Society of Tom Green County (San The Humane Society of North Myrtle Beach (Woodstock, VT) Angelo, TX) (North Myrtle Beach, SC) Windham County Humane Society Jasper Animal Rescue (Jasper, TX) Kershaw County Humane Society (Camben, (Brattleboro, VT) SC) Lubbock Animal Services (Lubbock, TX) WASHINGTON Lancaster County Animal Control (Kershaw, Metroport Humane Society (Roanoke, TX) SC) North Central Texas Animal Shelter Coali- Animal Protection Society (Friday Harbor, Lexington Animal Services (Lexington, SC) tion (Forth Worth, TX) WA) South Carolina Animal Care and Control As- Operation Kindness Animal Shelter City of Hoquiam’s Animal Control (WA) sociation (Columbia, SC) (Carrollton, TX) Ellensburg Animal Shelter (Ellensburg, WA) The Spay/Neuter Association, Inc. (Colum- Paws Shelter for Animals (Kyle, TX) Humane Society of Central Washington bia, SC) SPCA of Texas (Dallas, TX) (Yakima, WA) St. Francis Humane Society (Georgetown, Texas Federation of Humane Societies (Aus- The Humane Society of Seattle/King County SC) tin, TX) (Bellevue, WA) Walter Crowe Animal Shelter (Camden, SC) Waco Humane Society and Animal Shelter Humane Society of Skagit Valley (Bur- (Waco, TX) lington, WA) SOUTH DAKOTA VIRGINIA Kindred Spirits Animal Sanctuary Aberdeen Area Humane Society (Aberdeen, Animal Assistance League (Chesapeake, VA) (Suquamish, WA) SD) Animal Welfare League of Alexandria (Alex- NOAH (Stanwood, WA) Beadle County Humane Society (Huron, SD) andria, VA) Progressive Animal Welfare Society Humane Society of the Black Hills (Rapid Caring for Creatures (Palmyra, VA) (Lynnwood, WA) City, SD) Danville Area Humane Society (Danville, SpokAnimal C.A.R.E. (Spokane, WA) TENNESSEE VA) Wenatchee Valley Humane Society Animal Protection Association (Memphis, For the Love of Animals in Goochland (Wenatchee, WA) TN) (Manakin-Sabot, VA) Whatcom Humane Society (Bellingham, WA) Companion Animal Support Services (Nash- Henrico Humane Society (Richmond, VA) WISCONSIN ville, TN) Heritage Humane Society (Williamsburg, Alliance for Animals (Madison, WI) Fayette County Animal Rescue (Rossville, VA) Bay Area Humane Society and Animal Shel- TN) Humane Society Montgomery County ter, Inc. (Green Bay, WI) Greenville-Greene County Humane Society (Blacksburg, VA) Cats International (Cedarburg, WI) (Greenville, TN) Isle of Wight County Humane Society Chippewa County Humane Association (Chip- Hardin County Humane Society (Savannah, (Smithfield, VA) pewa Falls, WI) TN) Lynchburg Humane Society Inc. (Lynchburg, Clark County Humane Society (Neillsville, Hickman Humane Society (Centerville, TN) VA) WI) Humane Society of Cumberland County Madison County Humane Society (Madison, Coulee Region Humane Society, Inc. (La- (Crossville, TN) VA) Crosse, WI)

VerDate 11-MAY-2000 03:56 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.087 pfrm02 PsN: S01PT1 S9980 CONGRESSIONAL RECORD — SENATE October 1, 2001 Dane County Humane Society (Madison, WI) Committee on Health, Education, solution. But when you have both par- Eastshore Humane Association (Chilton, WI) Labor, and Pensions. ties coming together, seeking an arbi- Eau Claire County Humane Association (Eau Mr. BOND. Madam President, I rise tration panel or arbitrator who is Claire, WI) today to introduce a bill that is very knowledgeable and who will hear pres- Elm Brook Humane Society (Brookfield, WI) Fox Valley Humane Association Ltd (Apple- important for many employees of the entations from both sides, we can make ton, WI) airline industry in my State of Mis- sure that American Airlines employees Humane Society of Marathon County souri and elsewhere across the country. and TWA employees are all treated in a (Wausan, WI) The legislation is entitled ‘‘The Airline fair and reasonable manner. Lincoln County Humane Society Inc. (Mer- Workers Fairness Act.’’ I am very pleased to say we have had rill, WI) I have previously written to the dis- strong support from the Airline Pilots Northwoods Humane Society (Hayward, WI) tinguished Presiding Officer and the Association, the International Associa- Ozaukee Humane Society (Grafton, WI) ranking member to explain to them the tion of Machinists, the Teamsters, and The Pepin County Humane Society (Durand, reason for this concern; that is, the WI) the AFL–CIO. Nobody knows how these Rock County Humane Society (Janesville, fact that for the good of the country, issues will be resolved, but an awful lot WI) the airline industry, and the traveling of people are counting on us to make Rusk County Animal Shelter (Ladysmith, public, American Airlines acquired the sure they are resolved in a fair and rea- WI) assets of TWA. This was a good meas- sonable manner, giving both sides an Shawano County Humane Society (Shawano, ure for continuation of airline service, opportunity to be heard and to have an WI) for the employees, and for the commu- arbitrator propose a final decision. Washburn County Area Humane Society nities served. I look forward to working with the (Spooner, WI) Now, however, as a result of the out- Washington County Humane Society (Sling- occupant of the chair and others as we er, WI) rageous terrorist attacks on September move forward on this very important Wisconsin Humane Society (Milwaukee, WI) 11, airlines across the country have matter. I thank my colleagues for their found a significant decrease in volume. WEST VIRGINIA kind attention. I ask that if they wish I believe there is no safer time to fly to join me in this bill, please do so. It Federation of Humane Organizations of West the airlines than now. We go through a is important that we act on this meas- Virginia (Mineral Wells, WV) little more security. I am delighted to Hampshire County Pet Adoption Program ure this year. I will be happy to re- (Paw Paw, WV) do it. I believe that we are safe on air- spond to inquiries and work with col- Hancock County Animal Shelter (New Cum- line travel, certainly safer than we leagues who have thoughts on how we berland, WV) were before September 11. I believe it is can improve. Humane Society of Harrison County an outstanding time to fly. But many (Shinnston, WV) people, because of legitimate concerns f Humane Society of Morgan County (Berke- for themselves and their families, are ley Springs, WV) not flying. So there are layoffs going STATEMENTS ON SUBMITTED Humane Society of Parkersburg (Parkers- on throughout the airline industry. RESOLUTIONS burg, WV) The Humane Society of Pocahontas County What this bill seeks to do is to ensure (Hillsboro, WV) that after the two companies, Amer- Humane Society of Raleigh County (Beckley, ican Airlines and TWA, and TWA Ex- SENATE RESOLUTION 164—DESIG- WV) press, are merged, after the first of the NATING OCTOBER 19, 2001, AS Jackson County Humane Society/Jackson year, that the employees of both ‘‘NATIONAL MAMMOGRAPHY County Animal Shelter (Cottageville, merged airlines will be treated fairly. DAY’’ WV) Obviously, everybody understands Mr. BIDEN (for himself, Mr. THUR- Jefferson County Animal Control with a decrease in airline traffic, there MOND, Mr. AKAKA, Mr. ALLEN, Mr. (Kearneysville, WV) is going to be a need for layoffs. We Kanawha/Charleston Humane Association BAYH, Mr. BINGAMAN, Mrs. BOXER, Mr. have seen those layoffs. We hope, we (Charleston, WV) BREAUX, Mr. BROWNBACK, Mr. BYRD, fervently pray, that we can get back to Marshall County Animal Rescue League Mr. CAMPBELL, Ms. CANTWELL, Mrs. business in the United States and get (Glen Dale, WV) CARNAHAN, Mr. CARPER, Mr. CLELAND, Monroe County Animal League, Inc. (Union, people flying again so they will use Mrs. CLINTON, Mr. COCHRAN, Mr. WV) this valuable resource and get these CONRAD, Mr. DEWINE, Mr. DODD, Mr. Morgantown Animal Control (Morgantown, people back to work. DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. WV) I have talked to an awful lot of peo- EDWARDS, Mrs. FEINSTEIN, Mr. FITZ- Ohio County Animal Shelter (Triadelphia, ple at TWA who realize they will be a WV) GERALD, Mr. FRIST, Mr. GRAHAM, Mr. much smaller percentage of the total Ohio County SPCA (Triadelphia, WV) GRAMM, Mr. GRASSLEY, Mr. HAGEL, Mr. workforce than the larger numbers of Ohio County SPCA (Wheeling, WV) HATCH, Mr. HELMS, Mr. HOLLINGS, Mr. American Airlines employees. They Putnam County Humane Society, Inc. (Scott HUTCHINSON, Mrs. HUTCHISON, Mr. Depot, WV) have sought to find a way to make sure INHOFE, Mr. JEFFORDS, Mr. JOHNSON, TLC Animal Sanctuary (Clendenin, WV) that these two airlines are combined in Mr. KENNEDY, Mr. KERRY, Ms. Upshur County Humane Society a fair and reasonable manner. They LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. (Buckhannon, WV) looked at the Allegheny-Mohawk ap- LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, Wetzel County Humane Society (New proach that was applied by the Civil Martinsville, WV) Ms. MIKULSKI, Mr. MILLER, Mr. MUR- Aeronautics Board when those two air- KOWSKI, Mrs. MURRAY, Mr. NELSON of WYOMING lines were combined, and the trans- Nebraska, Mr. REID, Mr. SARBANES, Mr. Animal Care Center (Laramie, WY) actions in that were performed in a SCHUMER, Mr. SMITH of Oregon, Ms. Caring for Powell Animals (Powell, WY) way to encourage negotiation, medi- SNOWE, Mr. SPECTER, Ms. STABENOW, Cheyenne Animal Shelter (WY) ation, and ultimately resolution of se- Dare to Care Animal League (Riverton, WY) Mr. TORRICELLI, Mr. VOINOVICH, Mr. niority integration issues by a neutral Humane Society of Park County (Cody, WY) WARNER, and Mr. WELLSTONE) sub- third party arbitrator selected by the Lander Pet Connection, Inc. (Lander, WY) mitted the following resolution; which parties. Laramie Animal Shelter (Laramie, WY) was referred to the Committee on the The purpose of this is to ensure that PAWS of Jackson Hole (Jackson, WY) Judiciary. Wyoming Advocates for Animals (Cheyenne, there is a fair and reasonable basis for WY) resolving the seniority issues facing S. RES. 164 these employees. Whereas according to the American Cancer By Mr. BOND: Several people have accused me of Society, in 2001, 192,200 women will be diag- S. 1479. A bill to require procedures having some formula that I want to see nosed with breast cancer and 40,600 women will die from this disease; that ensure the fair and equitable reso- adopted, having decided in advance Whereas it is estimated that about 2,000,000 lution of labor integration issues in how this should proceed. I don’t know women were diagnosed with breast cancer in transactions for the combination of air enough about seniority practices of ei- the 1990s, and that in nearly 500,000 of those carriers, and for other purposes; to the ther of the airlines to try to propose a cases, the cancer resulted in death;

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.090 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9981 Whereas the risk of breast cancer increases periodic mammography being the year. Do it for yourself and for the oth- with age, with a woman at age 70 years hav- linchpin of the entire process. Routine ers that love you and want you to be a ing twice as much of a chance of developing mammography can locate a breast can- part of their lives for as long as pos- the disease as a woman at age 50 years; cer as much as 2 years before it would sible. Whereas at least 80 percent of the women who get breast cancer have no family history be detectable by self-examination. A I urge my colleagues to join me in of the disease; study released just this year showed the ongoing fight against breast cancer Whereas mammograms, when operated that periodic screening mammography by cosponsoring and voting for this res- professionally at a certified facility, can pro- reduces breast cancer mortality by a olution to designate October 19, 2001, as vide safe screening and early detection of whopping 63 percent. The statistics tell National Mammography Day. breast cancer in many women; the story: the number of breast cancer f Whereas experts agree that mammography deaths is declining despite an increase is the best method of early detection of in the number of breast cancer cases AMENDMENTS SUBMITTED AND breast cancer, and early detection is the key diagnosed. More women are getting PROPOSED to saving lives; SA 1726. Mrs. HUTCHISON submitted an Whereas mammograms can reveal the pres- mammograms, more breast cancer is amendment intended to be proposed by her ence of small cancers up to 2 years or more being diagnosed, and more of these to the bill S. 1438, to authorize appropria- before a regular clinical breast examination breast cancers are discovered at an tions for fiscal year 2002 for military activi- or breast self-examination, reducing mor- early and highly curable stage. ties of the Department of Defense, for mili- tality by up to 63 percent; and So my message to women is: have a tary constructions, and for defense activities Whereas the 5-year survival rate for local- periodic mammogram. Earl diagnosis of the Department of Energy, to prescribe ized breast cancer is over 97 percent: Now, saves lives. But I know many women personnel strengths for such fiscal year for therefore, be it don’t have annual mammograms, usu- the Armed Forces, and for other purposes; Resolved, That the Senate— which was ordered to lie on the table. (1) designates October 19, 2001, as ‘‘Na- ally because of either fear or forgetful- SA 1727. Mr. SMITH, of New Hampshire tional Mammography Day’’; and ness. Some women avoid mammograms submitted an amendment intended to be pro- (2) requests that the President issue a because they are afraid of what they posed by him to the bill S. 1438, supra; which proclamation calling upon the people of the will find. To these women, I would say was ordered to lie on the table. United States to observe the day with appro- that if you have periodic routine mam- SA 1728. Mrs. HUTCHISON (for herself and priate programs and activities. mograms, and the latest one comes out Mrs. LINCOLN) submitted an amendment in- Mr. BIDEN. Madam President, today positive, even before you have any tended to be proposed by her to the bill S. I am submitting a resolution desig- symptoms or have found a lump on 1438, supra; which was ordered to lie on the nating October 19, 2001, as ‘‘National self-examination, you have reason to table. Mammography Day.’’ I am pleased that be optimistic, not pessimistic. Such SA 1729. Mrs. HUTCHISON (for herself and 62 of my colleagues have endorsed this Mrs. LINCOLN) submitted an amendment in- early-detected breast cancers are high- tended to be proposed by her to the bill S. proposal by agreeing to be original co- ly treatable. 1438, supra; which was ordered to lie on the sponsors. I might note that I have sub- Let me consider an analogous situa- table. mitted a similar resolution each year tion. We know that high blood pressure SA 1730. Mr. FEINGOLD submitted an since 1993, and on each occasion the is a killer, and we are all advised to get amendment intended to be proposed by him Senate has shown its support for the our blood pressure checked from time to the bill S. 1438, supra; which was ordered fight against breast cancer by approv- to time. Are we afraid to do this? No. to lie on the table. ing the resolution. Why not? Because we know that even if SA 1731. Mr. LIEBERMAN submitted an amendment intended to be proposed by him Each year, as I prepare to submit high blood pressure is detected on a to the bill S. 1438, supra; which was ordered this resolution, I review the latest in- screening examination, it can be read- to lie on the table. formation from the American Cancer ily and successfully treated. We also SA 1732. Mr. INHOFE submitted an amend- Society about breast cancer. For the know that high blood pressure is not ment intended to be proposed by him to the year 2001, it is estimated that over going to go away by itself, so if we bill S. 1438, supra; which was ordered to lie 192,000 women will be diagnosed with have it, we should find out about it, get on the table. breast cancer and slightly fewer than it treated, and move ahead with our SA 1733. Mr. INHOFE submitted an amend- ment intended to be proposed by him to the 41,000 women will die of this disease. lives. bill S. 1438, supra; which was ordered to lie In past years, I have often com- The argument for having periodic on the table. mented on how gloomy these statistics routine mammograms to detect breast SA 1734. Mr. INHOFE submitted an amend- were. But as I review how these num- cancer is similar. Most of the time, the ment intended to be proposed by him to the bers are changing over time, I have examination is reassuringly negative. bill S. 1438, supra; which was ordered to lie come to the realization that it is really But if it is positive, and your previous on the table. more appropriate to be upbeat about routine mammograms were negative, it SA 1735. Mr. INHOFE submitted an amend- ment intended to be proposed by him to the this situation. The number of deaths meant that this cancer has been de- bill S. 1438, supra; which was ordered to lie from breast cancer is falling from year tected early on, when it has a high on the table. to year. Early detection of breast can- chance of being cured. SA 1736. Mr. INHOFE submitted an amend- cer continues to result in extremely fa- And then there is forgetfulness. I cer- ment intended to be proposed by him to the vorable outcomes: 97 percent of women tainly understand how difficult it is to bill S. 1438, supra; which was ordered to lie with localized breast cancer will sur- remember to do something that only on the table. vive 5 years or longer. New digital comes around once each year. I would SA 1737. Mr. INHOFE submitted an amend- suggest that this is where ‘‘National ment intended to be proposed by him to the techniques make the process of mam- bill S. 1438, supra; which was ordered to lie mography much more rapid and precise Mammography Day’’ comes in. This on the table. than before. Government programs will year, National Mammography Day falls SA 1738. Mr. INHOFE submitted an amend- provide free mammograms to those on Friday, October 19, right in the mid- ment intended to be proposed by him to the who can’t afford them, as well as Med- dle of National Breast Cancer Aware- bill S. 1438, supra; which was ordered to lie icaid eligibility for treatment if breast ness Month. On that day, let’s make on the table. cancer is diagnosed. Information about sure that each woman we know picks a SA 1739. Ms. COLLINS submitted an specific date on which to get a mam- amendment intended to be proposed by her treatment of breast cancer with sur- to the bill S. 1438, supra; which was ordered gery, chemotherapy, and radiation mogram each year, a date that she to lie on the table. therapy has exploded, reflecting enor- won’t forget: a child’s birthday, an an- SA 1740. Ms. COLLINS submitted an mous research advances in this disease. niversary, perhaps even the day her amendment intended to be proposed by her So I am feeling quite positive about taxes are due. On National Mammog- to the bill S. 1438, supra; which was ordered our battle against breast cancer. A di- raphy Day, let’s ask our loved ones: to lie on the table. agnosis of breast cancer is not a death pick one of these dates, fix it in your SA 1741. Mr. WARNER submitted an amendment intended to be proposed by him sentence, and I encounter long-term mind along with a picture of your to the bill S. 1438, supra; which was ordered survivors of breast cancer nearly daily. child, your wedding, or another symbol to lie on the table. And the key to this success is early di- of that date, and promise yourself to SA 1742. Mrs. CARNAHAN submitted an agnosis and treatment, with routine get a mammogram on that date every amendment intended to be proposed by her

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.041 pfrm02 PsN: S01PT1 S9982 CONGRESSIONAL RECORD — SENATE October 1, 2001 to the bill S. 1438, supra; which was ordered 1438, supra; which was ordered to lie on the bill S. 1438, supra; which was ordered to lie to lie on the table. table. on the table. SA 1743. Mrs. CARNAHAN submitted an SA 1762. Mr. TORRICELLI (for himself, Mr. SA 1783. Mr. McCAIN submitted an amend- amendment intended to be proposed by her CARPER, and Mr. CORZINE) submitted an ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered amendment intended to be proposed by him bill S. 1438, supra; which was ordered to lie to lie on the table. to the bill S. 1438, supra; which was ordered on the table. SA 1744. Mrs. MURRAY submitted an to lie on the table. SA 1784. Mr. KENNEDY (for himself, Mr. amendment intended to be proposed by her SA 1763. Mr. TORRICELLI (for himself, Mr. WARNER, Mrs. CLINTON, Mr. WELLSTONE, and to the bill S. 1438, supra; which was ordered CARPER, and Mr. CORZINE) submitted an Mr. SCHUMER) submitted an amendment in- to lie on the table. amendment intended to be proposed by him tended to be proposed by him to the bill S. SA 1745. Mr. KENNEDY (for himself, Ms. to the bill S. 1438, supra; which was ordered 1438, supra ; which was ordered to lie on the COLLINS, Mrs. CARNAHAN, Mrs. FEINSTEIN, to lie on the table. table. and Mr. BINGAMAN) submitted an amendment SA 1764. Ms. LANDRIEU submitted an SA 1785. Mr. ENZI submitted an amend- intended to be proposed by him to the bill S. amendment intended to be proposed by her ment intended to be proposed by him to the 1438, supra; which was ordered to lie on the to the bill S. 1438, supra; which was ordered bill S. 1438, supra; which was ordered to lie table. to lie on the table. on the table. SA 1746. Mr. KENNEDY submitted an SA 1765. Ms. LANDRIEU submitted an SA 1786. Mr. ENZI submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by her ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered to the bill S. 1438, supra; which was ordered bill S. 1438, supra; which was ordered to lie to lie on the table. to lie on the table. on the table. SA 1747. Mr. KENNEDY submitted an SA 1766. Mrs. BOXER submitted an amend- SA 1787. Mr. KYL submitted an amend- amendment intended to be proposed by him ment intended to be proposed by her to the ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered bill S. 1438, supra; which was ordered to lie bill S. 1438, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 1748. Mr. KENNEDY submitted an SA 1767. Mrs. BOXER submitted an amend- SA 1788. Mr. KENNEDY submitted an amendment intended to be proposed by him ment intended to be proposed by her to the amendment intended to be proposed by him to the bill S. 1438, supra; which was ordered bill S. 1438, supra; which was ordered to lie to the bill S. 1438, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 1749. Mr. NELSON, of Florida sub- SA 1768. Mr. CRAIG (for himself, Mr. LOTT, SA 1789. Mr. DODD submitted an amend- mitted an amendment intended to be pro- Mr. ALLEN, Mr. NICKLES, Mr. SMITH, of New ment intended to be proposed by him to the posed by him to the bill S. 1438, supra; which Hampshire, and Mr. CRAPO) submitted an bill S. 1438, supra; which was ordered to lie was ordered to lie on the table. amendment intended to be proposed by him on the table. SA 1790. Mr. REID submitted an amend- SA 1750. Mr. DODD (for himself, Mr. HOL- to the bill S. 1438, supra; which was ordered ment intended to be proposed by him to the LINGS, Mr. CORZINE, Mr. BIDEN, Mr. BINGA- to lie on the table. bill S. 1438, supra; which was ordered to lie MAN, Mr. SARBANES, Ms. SNOWE, Mr. SPEC- SA 1769. Mr. DODD submitted an amend- on the table. TER, Ms. COLLINS, Mr. WARNER, and Mr. ment intended to be proposed by him to the SA 1791. Mr. BINGAMAN submitted an MCCAIN) submitted an amendment intended bill S. 1438, supra; which was ordered to lie amendment intended to be proposed by him to be proposed by him to the bill S. 1438, on the table. supra. SA 1770. Mr. HARKIN submitted an amend- to the bill S. 1438, supra; which was ordered SA 1751. Mr. LOTT submitted an amend- ment intended to be proposed by him to the to lie on the table. SA 1792. Mr. SMITH, of New Hampshire ment intended to be proposed by him to the bill S. 1438, supra; which was ordered to lie submitted an amendment intended to be pro- bill S. 1438, supra; which was ordered to lie on the table. posed by him to the bill S. 1401, to authorize on the table. SA 1771. Mr. BINGAMAN submitted an appropriations for the Department of State SA 1752. Mr. CONRAD (for himself and Mr. amendment intended to be proposed by him and for United States international broad- DORGAN) submitted an amendment intended to the bill S. 1438, supra; which was ordered casting activities for fiscal years 2002 and to be proposed by him to the bill S. 1438, to lie on the table. supra; which was ordered to lie on the table. SA 1772. Mr. KENNEDY submitted an 2003, and for other purposes; which was or- SA 1753. Mr. BOND submitted an amend- amendment intended to be proposed by him dered to lie on the table. SA 1793. Mr. LEVIN (for himself and Mr. ment intended to be proposed by him to the to the bill S. 1438, supra; which was ordered WARNER) proposed an amendment to the bill bill S. 1438, supra; which was ordered to lie to lie on the table. S. 1438, to authorize appropriations for fiscal on the table. SA 1773. Mr. KENNEDY submitted an year 2002 for military activities of the De- SA 1754. Mr. ALLARD submitted an amendment intended to be proposed by him partment of Defense, for military construc- amendment intended to be proposed by him to the bill S. 1438, supra; which was ordered tions, and for defense activities of the De- to the bill S. 1438, supra; which was ordered to lie on the table. partment of Energy, to prescribe personnel to lie on the table. SA 1774. Mr. GRAMM submitted an amend- strengths for such fiscal year for the Armed SA 1755. Mr. ALLARD submitted an ment intended to be proposed by him to the Forces, and for other purposes. amendment intended to be proposed by him bill S. 1438, supra; which was ordered to lie SA 1794. Mr. WARNER (for himself and Mr. to the bill S. 1438, supra; which was ordered on the table. LEVIN) proposed an amendment to the bill S. to lie on the table. SA 1775. Mr. GRAMM submitted an amend- 1438, supra. SA 1756. Mr. KYL submitted an amend- ment intended to be proposed by him to the SA 1795. Mr. LEVIN (for Mr. FEINGOLD) pro- ment intended to be proposed by him to the bill S. 1438, supra; which was ordered to lie posed an amendment to the bill S. 1438, bill S. 1438, supra; which was ordered to lie on the table. supra. on the table. SA 1776. Mr. GRAMM submitted an amend- SA 1796. Mr. WARNER (for himself and Mr. SA 1757. Mrs. HUTCHISON submitted an ment intended to be proposed by him to the LEVIN) proposed an amendment to the bill S. amendment intended to be proposed by her bill S. 1438, supra; which was ordered to lie 1438, supra. to the bill S. 1438, supra; which was ordered on the table. SA 1797. Mr. LEVIN (for Mrs. CARNAHAN) to lie on the table. SA 1777. Mr. GRAMM submitted an amend- proposed an amendment to the bill S. 1438, SA 1758. Mr. STEVENS (for himself and ment intended to be proposed by him to the supra. Mr. INOUYE) submitted an amendment in- bill S. 1438, supra; which was ordered to lie SA 1798. Mr. WARNER (for Mr. STEVENS) tended to be proposed by him to the bill S. on the table. proposed an amendment to the bill S. 1438, 1438, supra; which was ordered to lie on the SA 1778. Mr. GRAMM submitted an amend- supra. table. ment intended to be proposed by him to the SA 1799. Mr. LEVIN (for Mr. DORGAN) pro- SA 1759. Mr. STEVENS submitted an bill S. 1438, supra; which was ordered to lie posed an amendment to the bill S. 1438, amendment intended to be proposed by him on the table. supra. to the bill S. 1438, supra; which was ordered SA 1779. Mr. GRAMM submitted an amend- SA 1800. Mr. WARNER (for Mr. LOTT) pro- to lie on the table. ment intended to be proposed by him to the posed an amendment to the bill S. 1438, SA 1760. Mr. REID (for himself, Mr. HUTCH- bill S. 1438, supra; which was ordered to lie supra. INSON, Mr. DASCHLE, Mr. BIDEN, Mr. BREAUX, on the table. SA 1801. Mr. LEVIN (for Mr. BINGAMAN) Mr. HATCH, Mr. JOHNSON, Mr. EDWARDS, Mr. SA 1780. Mr. COCHRAN submitted an proposed an amendment to the bill S. 1438, SPECTER, Mr. INOUYE, Mr. ROCKEFELLER, Ms. amendment intended to be proposed by him supra. CANTWELL, Mrs. HUTCHISON, Mr. DURBIN, Ms. to the bill S. 1438, supra; which was ordered SA 1802. Mr. WARNER (for Mr. LOTT) pro- COLLINS, and Mr. DODD) submitted an amend- to lie on the table. posed an amendment to the bill S. 1438, ment intended to be proposed by him to the SA 1781. Mr. McCAIN submitted an amend- supra. bill S. 1438, supra; which was ordered to lie ment intended to be proposed by him to the SA 1803. Mr. LEVIN (for Mr. BINGAMAN) on the table. bill S. 1438, supra; which was ordered to lie proposed an amendment to the bill S. 1438, SA 1761. Ms. LANDRIEU (for herself and on the table. supra. Mr. DOMENICI) submitted an amendment in- SA 1782. Mr. McCAIN submitted an amend- SA 1804. Mr. WARNER proposed an amend- tended to be proposed by her to the bill S. ment intended to be proposed by him to the ment to the bill S. 1438, supra.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.046 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9983 SA 1805. Mr. LEVIN (for Mr. DURBIN) pro- (1) A statement of the process and detailed amendment intended to be proposed by posed an amendment to the bill S. 1438, procedures followed by each of the Armed her to the bill S. 1438, to authorize ap- supra. Forces under the jurisdiction of the Sec- propriations for fiscal year 2002 for SA 1806. Mr. WARNER (for Mr. BOND (for retary of a military department to provide military activities of the Department himself and Mr. BYRD)) proposed an amend- health care and disability benefits to all ment to the bill S. 1438, supra. such persons injured in training, education, of Defense, for military constructions, SA 1807. Mr. LEVIN (for Mr. ROCKEFELLER) or other types of programs conducted by the and for defense activities of the De- proposed an amendment to the bill S. 1438, Secretary of a military department. partment of Energy, to prescribe per- supra. (2) Information on the number of total sonnel strengths for such fiscal year SA 1808. Mr. WARNER (for Mr. MCCAIN) cases of such persons requiring health care for the Armed Forces, and for other proposed an amendment to the bill S. 1438, and disability benefits and the total number purposes; which was ordered to lie on supra. of cases and average value of health care and the table; as follows: SA 1809. Mr. LEVIN (for Mr. BINGAMAN (for disability benefits provided under the au- At the end of subtitle A of title III, add the himself and Mr. DOMENICI)) proposed an thority for each source of benefits available amendment to the bill S. 1438, supra. to those persons. following: SA 1810. Mr. WARNER (for Mr. LOTT) pro- (3) A discussion of the issues regarding SEC. 306. CLARA BARTON CENTER FOR DOMES- posed an amendment to the bill S. 1438, health and disability benefits for such per- TIC PREPAREDNESS, ARKANSAS. supra. sons that are encountered by the Secretary (a) AVAILABILITY OF FUNDS.—Of the SA 1811. Mr. LEVIN (for Mr. CLELAND (for during the review, to include discussions amount authorized to be appropriated by himself and Mr. MILLER)) proposed an with individuals who have received those section 301(5) for operation and maintenance amendment to the bill S. 1438, supra. benefits. for Defense-wide activities, $1,799,999 shall be SA 1812. Mr. WARNER proposed an amend- (4) A discussion of the necessity for legisla- available for the Clara Barton Center for Do- ment to the bill S. 1438, supra. tive changes and specific legislative pro- mestic Preparedness. SA 1813. Mr. LEVIN (for Mr. CONRAD (for posals needed to improve the benefits pro- himself, Mr. DORGAN, Mr. ENZI, Mr. BAUCUS, vided those persons. SA 1729. Mrs. HUTCHISON (for her- Mr. BURNS, and Mr. THOMAS)) proposed an self and Mrs. LINCOLN) submitted an amendment to the bill S. 1438, supra. SA 1727. Mr. SMITH of New Hamp- amendment intended to be proposed by SA 1814. Mr. WARNER (for Mrs. shire submitted an amendment in- her to the bill S. 1438, to authorize ap- HUTCHISON) proposed an amendment to the tended to be proposed by him to the propriations for fiscal year 2002 for bill S. 1438, supra. bill S. 1438, to authorize appropriations military activities of the Department SA 1815. Mr. LEVIN (for Mr. JOHNSON) pro- for fiscal year 2002 for military activi- of Defense, for military constructions, posed an amendment to the bill S. 1438, ties of the Department of Defense, for and for defense activities of the De- supra. military constructions, and for defense SA 1816. Mr. WARNER proposed an amend- partment of Energy, to prescribe per- ment to the bill S. 1438, supra. activities of the Department of Energy, sonnel strengths for such fiscal year SA 1817. Mr. LEVIN (for Mr. KENNEDY) pro- to prescribe personnel strengths for for the Armed Forces, and for other posed an amendment to the bill S. 1438, such fiscal year for the Armed Forces, purposes; which was ordered to lie on supra. and for other purposes; which was or- the table; as follows: SA 1818. Mr. WARNER proposed an amend- dered to lie on the table; as follows: In lieu of the matter proposed insert the ment to the bill S. 1438, supra. On page 209, between lines 12 and 13, insert following: SA 1819. Mr. LEVIN (for Mr. KENNEDY) pro- the following: posed an amendment to the bill S. 1438, SEC. 306. CLARA BARTON CENTER FOR DOMES- SEC. 652. REPEAL OF REDUCTION IN SBP ANNU- TIC PREPAREDNESS, ARKANSAS. supra. ITIES AT AGE 62. (a) AVAILABILITY OF FUNDS.—Of the SA 1820. Mr. WARNER (for Ms. COLLINS) (a) COMPUTATION OF ANNUITY FOR A SPOUSE, amount authorized to be appropriated by proposed an amendment to the bill S. 1438, FORMER SPOUSE, OR CHILD.—Subsection (a) of section 301(5) for operation and maintenance supra. section 1451 of title 10, United States Code, is for Defense-wide activities, $1,800,000 shall be amended— f available for the Clara Barton center for Do- (1) in paragraph (1), by striking ‘‘shall be mestic Preparedness. TEXT OF AMENDMENTS determined as follows:’’ and all that follows and inserting the following: ‘‘shall be the SA 1730. Mr. FEINGOLD submitted SA 1726. Mrs. HUTCHISON submitted amount equal to 55 percent of the base an amendment intended to be proposed amount.’’; and an amendment intended to be proposed by her to the bill S. 1438, to authorize (2) in paragraph (2), by striking ‘‘shall be by him to the bill S. 1438, to authorize appropriations for fiscal year 2002 for determined as follows:’’ and all that follows appropriations for fiscal year 2002 for military activities of the Department and inserting the following: ‘‘shall be the military activities of the Department of Defense, for military constructions, amount equal to a percentage of the base of Defense, for military constructions, and for defense activities of the De- amount that is less than 55 percent and is de- and for defense activities of the De- termined under subsection (f).’’. partment of Energy, to prescribe per- partment of Energy, to prescribe per- (b) ANNUITIES FOR SURVIVORS OF CERTAIN sonnel strengths for such fiscal year sonnel strengths for such fiscal year PERSONS DYING DURING A PERIOD OF SPECIAL for the Armed Forces, and for other ELIGIBILITY FOR SBP.—Subsection (c)(1) of for the Armed Forces, and for other purposes; which was ordered to lie on such section is amended by striking ‘‘shall purposes; which was ordered to lie on the table; as follows: be determined as follows:’’ and all that fol- the table; as follows: lows and inserting the following: ‘‘shall be At the end of subtitle G of title V, add the At the appropriate place in the bill insert the amount equal to 55 percent of the retired following: the following sections: pay to which the member or former member SEC. 589. REPORT ON HEALTH AND DISABILITY SECTION. LAND CONVEYANCE, ARMY RESERVE would have been entitled if the member or CENTER, KEWAUNEE, WISCONSIN. BENEFITS FOR PRE-ACCESSION former member had been entitled to that pay TRAINING AND EDUCATION PRO- (a) CONVEYANCE REQUIRED.—The Adminis- GRAMS. based upon his years of active service when trator of General Services may convey, with- he died.’’. (a) STUDY.—The Secretary of Defense shall out consideration, to the City of Kewaunee, (c) REPEAL OF REQUIREMENT FOR REDUC- conduct a review of the health and disability Wisconsin (in this section referred to as the TION.—Such section is further amended by benefit programs available to recruits and striking subsection (d). ‘City’), all right, title, and interest of the officer candidates engaged in training, edu- (d) REPEAL OF UNNECESSARY SUPPLE- United States in and to a parcel of Federal cation, or other types of programs while not MENTAL SBP.—(1) Subchapter III of chapter real property, including improvements yet on active duty and to cadets and mid- 73 of title 10, United States Code, is repealed. thereon, that is located at 401 5th Street in shipmen attending the service academies. (2) The table of contents at the beginning Kewaunee, Wisconsin, and contains an excess The review shall be conducted with the par- of such chapter is amended by striking the Army Reserve Center. After such convey- ticipation of the Secretaries of the military item relating to subchapter III. ance, the property may be used and occupied departments. (e) EFFECTIVE DATE.—This section and the only by the City, or by another local or (b) REPORT.—Not later than March 1, 2002, amendments made by this section shall take State government entity approved by the the Secretary shall submit to the Committee effect on the first day of the first month that City. on Armed Services of the Senate and the begins after the date of the enactment of (b) DESCRIPTION OF PROPERTY.—The exact Committee on Armed Services of the House this Act, and shall apply with respect to acreage and legal description of the real of Representatives a report on the findings of months beginning on or after that date. property to be conveyed under subsection (a) the review. The report shall include the fol- shall be determined by a survey satisfactory lowing with respect to persons described in SA 1728. Mrs. HUTCHISON (for her- to the Administrator. The cost of the survey subsection (a): self and Mrs. LINCOLN) submitted an shall be borne by the City.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.048 pfrm02 PsN: S01PT1 S9984 CONGRESSIONAL RECORD — SENATE October 1, 2001 (c) REVERSIONARY INTEREST.—During the program, language education programs, sen- SA 1735. Mr. INHOFE submitted an 20-year period beginning on the date the Ad- ior officer visits, counterpart visits, ship amendment intended to be proposed by ministrator makes the conveyance under port visits, bilateral and multilateral con- him to the bill S. 1438, to authorize ap- subsection (a), if the Administrator deter- sultations between and among military propriations for fiscal year 2002 for mines that the conveyed property is not staffs, joint military exercises with foreign being used and occupied in accordance with armed forces, personnel exchange programs, military activities of the Department such subsection, all right, title, and interest professional military education exchange of Defense, for military constructions, in and to the property, including any im- programs, unit exchange programs, formal and for defense activities of the De- provements thereon, shall revert to the military contacts programs, and Partnership partment of Energy, to prescribe per- United States. Upon reversion, the United for Peace program activities; and sonnel strengths for such fiscal year States shall immediately proceed to a public (2) Congress urges the Secretary to do so. for the Armed Forces, and for other sale of the property. (c) REPORT.—Not later than March 1, 2002, purposes; which was ordered to lie on (d) ADDITIONAL TERMS AND CONDITIONS.— the Secretary of Defense shall submit to The property shall not be used for commer- Congress a report containing a discussion of the table; as follows: cial purposes. the actions taken to improve and expand the On page 47, between lines 12 and 13, insert (2) The Administrator may require such military-to-military contacts programs of the following: additional terms and conditions in connec- the Armed Forces. (e) SENSE OF SENATE ON AVAILABILITY OF tion with the conveyance under subsection ENERGY-RELATED SUPPLIES FOR THE ARMED (a) as the Administrator considers appro- SA 1732. Mr. INHOFE submitted an FORCES.—It is the sense of the Senate that priate to protect the interests of the United amendment intended to be proposed by the Senate should, before the adjournment of States. him to the bill S. 1438, to authorize ap- the first session of the 107th Congress, take SECTION. TREATMENT OF AMOUNTS RECEIVED. action on comprehensive national energy se- propriations for fiscal year 2002 for curity legislation, including energy produc- Any net proceeds received by the United military activities of the Department States as payment under subsection (c) of tion and energy conservation measures, to the previous section shall be deposited into of Defense, for military constructions, ensure that there is an adequate supply of the Land and Water Conservation Fund. and for defense activities of the De- energy for the Armed Forces. partment of Energy, to prescribe per- SA 1731. Mr. LIEBERMAN submitted sonnel strengths for such fiscal year SA 1736. Mr. INHOFE submitted an an amendment intended to be proposed for the Armed Forces, and for other amendment intended to be proposed by by him to the bill S. 1438, to authorize purposes; which was ordered to lie on him to the bill S. 1438, to authorize ap- appropriations for fiscal year 2002 for the table; as follows: propriations for fiscal year 2002 for military activities of the Department Beginning on page 46, strike line 21 and all military activities of the Department of Defense, for military constructions, that follows through page 47, line 2, and in- of Defense, for military constructions, and for defense activities of the De- sert the following: and for defense activities of the De- partment of Energy, to prescribe per- (c) SENSE OF SENATE ON COMPREHENSIVE partment of Energy, to prescribe per- sonnel strengths for such fiscal year NATIONAL ENERGY SECURITY.—It is the sense sonnel strengths for such fiscal year for the Armed Forces, and for other of the Senate that the Senate should take for the Armed Forces, and for other action on comprehensive legislation to re- purposes; which was ordered to lie on purposes; which was ordered to lie on vise the Energy Policy Act of 1992, to include the table; as follows: the table; as follows: energy production and energy conservation On page 396, between lines 13 and 14, insert measures, not later than December 31, 2001. On page 300, after line 23, insert the fol- the following: lowing: SEC. 1217. INCREASED MILITARY-TO-MILITARY SA 1733. Mr. INHOFE submitted an SEC. 908. UNDER SECRETARY OF DEFENSE FOR CONTACTS. amendment intended to be proposed by HOMELAND DEFENSE. (a) FINDINGS.—Congress makes the fol- him to the bill S. 1438, to authorize ap- (a) ESTABLISHMENT OF POSITION.—Chapter 4 lowing findings: of title 10, United States Code, is amended— propriation for fiscal year 2002 for mili- (1) by redesignating section 137 as section (1) American foreign policy and the na- tary activities of the Department of tional military strategy of the United States 139a and by transferring such section (as so require that members of the Armed Forces Defense, for military constructions, redesignated) within such chapter so as to have extensive knowledge and expertise re- and for defense activities of the De- appear after section 139; and garding a variety of areas of the world. partment of Energy, to prescribe per- (2) by inserting after section 136 the fol- (2) Military operations are increasingly un- sonnel strengths for such fiscal year lowing new section 137: dertaken as operations of international coa- for the Armed Forces, and for other ‘‘§ 137. Under Secretary of Defense for Home- litions. purposes; which was ordered to lie on land Defense (3) As an element of United States defense the table; as follows: ‘‘(a) There is an Under Secretary of De- policy, and fundamental to the United On page 363, after line 25, insert the fol- fense for Homeland Defense. States’ ability to protect the national secu- ‘‘(b) Subject to the authority, direction, lowing: rity, engagement between members of the and control of the Secretary of Defense, the United States Armed Forces and members of SEC. 1066. SENSE OF THE SENATE REGARDING Under Secretary of Defense for Homeland the armed forces of other nations is critical. THE INSPIRATIONAL HEROISM OF AIRLINE PASSENGERS ON SEP- Defense shall perform such duties and exer- (4) To sustain such engagement, it is like- TEMBER 11, 2001. cise such powers relating to homeland de- wise critical that the United States cultivate It is the sense of the Senate that the heroic fense as the Secretary of Defense may pre- and sustain in members of the Armed Forces actions of the passengers aboard United Air- scribe. The duties and powers prescribed for the foreign geographic, cultural, social, and lines Flight 93 on September 11, 2001, should the Under Secretary shall include the overall language skills that help to ensure the inter- serve as an inspiration for all Americans. supervision of (including oversight of policy operability of the United States Armed and resources) of defense of the territory of Forces with the armed forces of American al- SA 1734. Mr. INHOFE submitted an the United States. lies as well as to ensure more effective coali- amendment intended to be proposed by ‘‘(c) The Under Secretary is the principal tion operations. him to the bill S. 1438, to authorize ap- civilian adviser to the Secretary of Defense (5) Through interactions with foreign mili- on matters relating to the defense of the ter- tary personnel, United States military per- propriations for fiscal year 2002 for ritory of the United States.’’. sonnel become familiar with the policies and military activities of the Department (c) EXECUTIVE LEVEL III.—Section 5314 of capabilities of their counterparts and, like- of Defense, for military constructions, title 5, United States Code, is amended by in- wise, enhance the familiarity of their coun- and for defense activities of the De- serting after ‘‘Under Secretary of Defense for terparts with United States capabilities, partment of Energy, to prescribe per- Personnel and Readiness’’ the following: policies, and principles so that the United sonnel strengths for such fiscal year ‘‘Under Secretary of Defense for Homeland States Armed Forces are better able to oper- for the Armed Forces, and for other Defense.’’ ate with coalition and other partner nations. (d) CONFORMING AMENDMENTS.—Section (b) SENSE OF CONGRESS.—It is the sense of purposes; which was ordered to lie on 131(b) of title 10, United States Code, is Congress that— the table; as follows: amended— (1) to enhance international security part- Strike section 903 and insert the following: (1) by redesignating paragraphs (6) through nerships and the attainment of the security SEC. 903. SENSE OF SENATE ON COMPREHENSIVE (11) as paragraphs (7) through (12), respec- goals shared by the United States and its al- NATIONAL ENERGY SECURITY. tively; and lies, the Secretary of Defense should in- It is the sense of the Senate that the Sen- (2) by inserting after paragraph (5) the fol- crease the military-to-military contacts un- ate should take action on comprehensive na- lowing new paragraph (6): dertaken by the Armed Forces, including tional energy security legislation not later ‘‘(6) Under Secretary of Defense for Home- contacts through the foreign area officer than December 31, 2001. land Defense.’’.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.050 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9985

(d) CLERICAL AMENDMENTS.—The table of of any vehicle weight limit established under ‘‘(C) Alexandria City, Virginia public sections at the beginning of chapter 4 of title this section with respect to the portion of schools; 10, United States Code, is amended— Interstate Route 95 in the State of Maine be- ‘‘(D) Fairfax County, Virginia public (1) by striking the item relating to section tween Augusta and Bangor for the purpose of schools; 137 and inserting the following new item: making bulk shipments of jet fuel to the Air ‘‘(E) Montgomery County, Maryland public ‘‘137. Under Secretary of Defense for Home- National Guard Base at Bangor Inter- schools; and land Defense.’’; and national Airport during a period of national ‘‘(F) Prince George’s County, Maryland (2) by inserting after the item relating to emergency in order to respond to the effects public schools. section 139 the following new item: of the national emergency. ‘‘(2) ACADEMIC PAY LANES.—In the adminis- ‘‘(2) APPLICABILITY.—Emergency limits es- tration of basic compensation for teachers ‘‘139a. Director of Defense Research and tablished under paragraph (1) shall preempt and teaching positions, there shall be a min- Engineering.’’. any inconsistent State vehicle weight lim- imum of 7 academic pay lanes. its.’’. ‘‘(3) PHASE-IN OF INCREASE IN TEACHER COM- SA 1737. Mr. INHOFE submitted an PENSATION.—The increase in the basic com- amendment intended to be proposed by SA 1740. Ms. COLLINS submitted an pensation for teachers and teaching posi- him to the bill S. 1438, to authorize ap- amendment intended to be proposed by tions provided in the amendments made by propriations for fiscal year 2002 for her to the bill S. 1438, to authorize ap- section 1124 of the National Defense Author- ization Act for Fiscal Year 2002 for this sec- military activities of the Department propriations for fiscal year 2002 for of Defense, for military constructions, tion shall be phased in over a period of 4 military activities of the Department years, with teachers and teaching positions and for defense activities of the De- of Defense, for military constructions, receiving a cumulative increase of 25 percent partment of Energy, to prescribe per- and for defense activities of the De- of the total increase each year.’’. sonnel strengths for such fiscal year partment of Energy, to prescribe per- for the Armed Forces, and for other sonnel strengths for such fiscal year SA 1741. Mr. WARNER submitted an purposes; which was ordered to lie on for the Armed Forces, and for other amendment intended to be proposed by the table; as follows: purposes; which was ordered to lie on him to the bill S. 1438, to authorize ap- Strike section 903 and insert the following: the table; as follows: propriations for fiscal year 2002 for military activities of the Department SEC. 903. SENSE OF SENATE ON COMPREHENSIVE At the end of subtitle C of title XI, add the NATIONAL ENERGY SECURITY. following: of Defense, for military constructions, It is the sense of the Senate that the Sen- and for defense activities of the De- SEC. 1124. AMENDMENTS TO THE DEFENSE DE- ate should take action on comprehensive na- PARTMENT OVERSEAS TEACHERS partment of Energy, to prescribe per- tional energy security legislation, including PAY AND PERSONNEL PRACTICES sonnel strengths for such fiscal year energy production and energy conservation ACT. for the Armed Forces, and for other measures, not later than December 31, 2001. The Defense Department Overseas Teach- purposes; which was ordered to lie on ers Pay and Personnel Practices Act (20 the table; as follows: SA 1738. Mr. INHOFE submitted an U.S.C. 901 et seq.) is amended— On page 396, between lines 13 and 14, insert amendment intended to be proposed by (1) in section 4— the following: him to the bill S. 1438, to authorize ap- (A) by striking paragraph (2) of subsection (a) and inserting the following: SEC. 1217. RELEASE OF RESTRICTION ON USE OF propriations for fiscal year 2002 for CERTAIN VESSELS PREVIOUSLY AU- military activities of the Department ‘‘(2) the fixing of basic compensation for THORIZED TO BE SOLD. of Defense, for military constructions, teachers and teaching positions at rates Section 3603(a) of the Strom Thurmond Na- equal to the average of the range of rates of tional Defense Authorization Act for Fiscal and for defense activities of the De- basic compensation for similar positions of a partment of Energy, to prescribe per- Year 1999 (Public Law 105–261; 112 Stat. 2273) comparable level of duties and responsibil- is amended by striking ‘‘for full use as an sonnel strengths for such fiscal year ities in the Washington, D.C. metropolitan oiler’’. for the Armed Forces, and for other area, which is defined as the— purposes; which was ordered to lie on ‘‘(A) District of Columbia public schools; SA 1742. Mrs. CARNAHAN submitted the table; as follows: ‘‘(B) Arlington County, Virginia public an amendment intended to be proposed schools; Beginning on page 42, strike line 21 and all by her to the bill S. 1438, to authorize ‘‘(C) Alexandria City, Virginia public that follows through page 47, line 2, and in- appropriations for fiscal year 2002 for schools; sert the following: military activities of the Department ‘‘(D) Fairfax County, Virginia public (c) SENSE OF SENATE ON COMPREHENSIVE schools; of Defense, for military constructions, NATIONAL ENERGY SECURITY.—It is the sense ‘‘(E) Montgomery County, Maryland public and for defense activities of the De- of the Senate that the Senate should take partment of Energy, to prescribe per- action on comprehensive legislation to re- schools; and ‘‘(F) Prince George’s County, Maryland sonnel strengths for such fiscal year vise the Energy Policy Act of 1992 not later for the Armed Forces, and for other than December 31, 2001. public schools;’’; and (B) by adding at the end the following: purposes; which was ordered to lie on SA 1739. Ms. COLLINS submitted an ‘‘(c) ACADEMIC PAY LANES.—In the adminis- the table; as follows: tration of basic compensation for teachers amendment intended to be proposed by On page 235, between lines 15 and 16, insert and teaching positions, there shall be a min- the following: her to the bill S. 1438, to authorize ap- imum of 7 academic pay lanes. propriations for fiscal year 2002 for SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- ‘‘(d) PHASE-IN OF INCREASE IN TEACHER BERS SEPARATED FROM ACTIVE military activities of the Department COMPENSATION.—The increase in the basic DUTY. of Defense, for military constructions, compensation for teachers and teaching posi- (a) PERMANENT AUTHORITY FOR INVOLUN- and for defense activities of the De- tions provided in the amendments made by TARILY SEPARATED MEMBERS AND MOBILIZED partment of Energy, to prescribe per- section 1124 of the National Defense Author- RESERVES.—Subsection (a) of section 1145 of sonnel strengths for such fiscal year ization Act for Fiscal Year 2002 for this sec- title 10, United States Code, is amended— tion shall be phased in over a period of 4 for the Armed Forces, and for other (1) in paragraph (1), by striking ‘‘paragraph years, with teachers and teaching positions (2), a member’’ and all that follows through purposes; which was ordered to lie on receiving a cumulative increase of 25 percent ‘‘of the member),’’ and inserting ‘‘paragraph the table; as follows: of the total increase each year.’’; and (3), a member of the armed forces who is sep- On page 363, after line 25, add the fol- (2) in section 5, by striking subsection (c) arated from active duty as described in para- lowing: and inserting the following: graph (2)’’; SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS ‘‘(c) RATES OF BASIC COMPENSATION.— (2) by redesignating paragraph (2) as para- DURING PERIODS OF NATIONAL ‘‘(1) IN GENERAL.—The Secretary of Defense graph (3); EMERGENCY. shall fix the basic compensation for teachers (3) by inserting after paragraph (1) the fol- Section 127 of title 23, United States Code, and teaching positions in the Department of lowing new paragraph (2): is amended by adding at the end the fol- Defense at rates equal to the average of the ‘‘(2) This subsection applies to the fol- lowing: range of rates of basic compensation for lowing members of the armed forces: ‘‘(h) WAIVER FOR A ROUTE IN STATE OF similar positions of a comparable level of du- ‘‘(A) A member who is involuntarily sepa- MAINE DURING PERIODS OF NATIONAL EMER- ties and responsibilities in the Washington, rated from active duty. GENCY.— D.C. metropolitan area, which is defined as ‘‘(B) A member of a reserve component who ‘‘(1) IN GENERAL.—Notwithstanding any the— is separated from active duty to which called other provision of this section, the Sec- ‘‘(A) District of Columbia public schools; or ordered in support of a contingency oper- retary, in consultation with the Secretary of ‘‘(B) Arlington County, Virginia public ation if the active duty is active duty for a Defense, may waive or limit the application schools; period of more than 30 days.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.055 pfrm02 PsN: S01PT1 S9986 CONGRESSIONAL RECORD — SENATE October 1, 2001 ‘‘(C) A member who is separated from ac- ‘‘(3) To qualify under paragraph (2)(B), a ‘‘(9)(A) In the case of an installation whose tive duty for which the member is involun- member— date of approval of closure or realignment tarily retained under section 12305 of this ‘‘(i) shall be unemployed; or under this part is after December 31, 2001, the title in support of a contingency operation. ‘‘(ii) shall be employed and shall apply for Secretary of Defense shall commence and ‘‘(D) A member who is separated from ac- coverage by a health plan sponsored by the undertake continuous remedial action of the tive duty served pursuant to a voluntary employer as soon as the member is eligible hazardous substances on all portions of the agreement of the member to remain on ac- to apply for the coverage.’’; and installation requiring remedial action to be tive duty for a period of less than one year in (4) in paragraph (4), as redesignated by transferred to a non-Federal person or entity support of a contingency operation.’’; and paragraph (2), is amended by striking ‘‘invol- under this part as expeditiously as prac- (4) in paragraph (3), as redesignated by untary’’ each place it appears. ticable, but not later than three years after paragraph (2), is amended by striking ‘‘invol- (b) PERIOD OF COVERAGE.—Paragraph (4) of the date on which the Secretary receives no- untary’’ each place it appears. such subsection, as redesignated by sub- tice under subparagraph (H)(iv), (J)(ii), or (b) CONFORMING AMENDMENTS.—Such sec- section (a)(2), is amended— (L)(iii) of paragraph (7) with respect to the tion 1145 is further amended— (1) in subparagraph (A), by striking ‘‘60 use of property at the installation for the (1) in subsection (c)(1), by striking ‘‘during days’’ and inserting ‘‘90 days’’; and homeless. the period beginning on October 1, 1990, and (2) in subparagraph (B), by striking ‘‘120 ‘‘(B) If after the transfer of property pursu- ending on December 31, 2001’’; and days’’ and inserting ‘‘180 days’’. ant to this part additional hazardous sub- (2) in subsection (e), by striking the first (c) CONFORMING AMENDMENTS.—Such sec- stances are discovered by any person on such sentence. tion 1145 is further amended— property that are attributable to actions be- (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) (1) in subsection (c)(1), by striking ‘‘during fore the transfer of such property pursuant Section 1074b of title 10, United States Code, the period beginning on October 1, 1990, and to this part, the Secretary shall commence is repealed. ending on December 31, 2001’’; and and undertake continuous remedial action of (2) The table of sections at the beginning of (2) in subsection (e), by striking the first the hazardous substances as expeditiously as chapter 55 of such title is amended by strik- sentence. practicable, but not later than three years ing the item relating to section 1074b. (d) REPEAL OF SUPERSEDED AUTHORITY.—(1) after the date on which the Secretary re- (d) TRANSITION PROVISION.—Notwith- Section 1074b of title 10, United States Code, ceives notice of such hazardous substances. standing the repeal of section 1074b of title is repealed. ‘‘(C)(i) The Secretary may waive the dead- 10, United States Code, by subsection (c), the (2) The table of sections at the beginning of line in subparagraph (A) or (B) in the case of provisions of that section, as in effect before chapter 55 of such title is amended by strik- a remedial action only if the Secretary de- the date of the enactment of this Act, shall ing the item relating to section 1074b. termines that it is technically impracticable continue to apply to a member of the Armed (e) TRANSITION PROVISION.—Notwith- from an engineering perspective to com- Forces who is released from active duty in standing the repeal of section 1074b of title mence the remedial action within the dead- support of a contingency operation before 10, United States Code, by subsection (d), the line. that date. provisions of that section, as in effect before ‘‘(ii) The Secretary shall commence any re- the date of the enactment of this Act, shall SA 1743. Mrs. CARNAHAN submitted medial action covered by clause (i) as soon as continue to apply to a member of the Armed it is possible to commence such remedial ac- an amendment intended to be proposed Forces who is released from active duty in tion. by her to the bill S. 1438, to authorize support of a contingency operation before ‘‘(D) The Secretary shall complete any re- appropriations for fiscal year 2002 for that date. medial action commenced under this para- military activities of the Department graph as expeditiously as practicable after of Defense, for military constructions, SA 1744. Mrs. MURRAY submitted an commencement. and for defense activities of the De- amendment intended to be proposed by ‘‘(E) This paragraph shall not be construed partment of Energy, to prescribe per- her to the bill S. 1438, to authorize ap- to alter or otherwise affect any environ- sonnel strengths for such fiscal year propriations for fiscal year 2002 for mental laws or the obligations of the Sec- military activities of the Department retary under those laws with respect to an for the Armed Forces, and for other installation covered by this paragraph.’’. purposes; which was ordered to lie on of Defense, for military constructions, the table; as follows: and for defense activities of the De- SA 1746. Mr. KENNEDY submitted an On page 235, between lines 15 and 16, insert partment of Energy, to prescribe per- amendment intended to be proposed by the following: sonnel strengths for such fiscal year him to the bill S. 1438, to authorize ap- SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- for the Armed Forces, and for other propriations for fiscal year 2002 for BERS SEPARATED FROM ACTIVE purposes; which was ordered to lie on military activities of the Department DUTY. the table; as follows: (a) PERMANENT AUTHORITY FOR INVOLUN- of Defense, for military constructions, At the end of subtitle B of title VII, add TARILY SEPARATED MEMBERS AND MOBILIZED and for defense activities of the De- the following: RESERVES.—Subsection (a) of section 1145 of partment of Energy, to prescribe per- title 10, United States Code, is amended— SEC. 718. RESTORATION OF PREVIOUS POLICY ON RESTRICTIONS ON USE OF DEPART- sonnel strengths for such fiscal year (1) in paragraph (1), by striking ‘‘paragraph MENT OF DEFENSE MEDICAL FACILI- for the Armed Forces, and for other (2), a member’’ and all that follows through TIES. purposes; which was ordered to lie on ‘‘of the member),’’ and inserting ‘‘paragraph (1) in subsection (a), by striking ‘‘RESTRIC- the table; as follows: (3), a member of the armed forces who is sep- TION ON USE OF FUNDS.—’’; and Beginning on page 217, strike line 18 and arated from active duty as described in para- (2) by striking subsection (b). graph (2)’’; all that follows through page 226, line 17, and (2) by redesignating paragraph (2) as para- SA 1745. Mr. KENNEDY (for himself, insert the following: graph (4); Ms. COLLINS, Mrs. CARNAHAN, Mrs. Subtitle A—TRICARE Benefits Modernization (3) by inserting after paragraph (1) the fol- FEINSTEIN, and Mr. BINGAMAN) sub- SEC. 701. REQUIREMENT FOR INTEGRATION OF lowing paragraphs: mitted an amendment intended to be BENEFITS. ‘‘(2) This subsection applies to the fol- (a) IN GENERAL.—The Secretary of Defense lowing members of the armed forces: proposed by him to the bill S. 1438, to shall— ‘‘(A) A member who is involuntarily sepa- authorize appropriations for fiscal year (1) terminate the Individual Case Manage- rated from active duty. 2002 for military activities of the De- ment Program carried out under section ‘‘(B) A member of a reserve component who partment of Defense, for military con- 1079(a)(17) of title 10, United States Code (as is separated from active duty to which called structions, and for defense activities of in effect on September 30, 2001); and or ordered in support of a contingency oper- the Department of Energy, to prescribe (2) integrate the beneficiaries under that ation if— personnel strengths for such fiscal year program, and the furnishing of care to those ‘‘(i) the active duty is active duty for a pe- for the Armed Forces, and for other beneficiaries, into the TRICARE program as riod of more than 30 days; and modified pursuant to the amendments made ‘‘(ii) the member is qualified under para- purposes; which was ordered to lie on by this subtitle. graph (3). the table; as follows: (b) REPEAL OF SEPARATE AUTHORITY.—Sec- ‘‘(C) A member who is separated from ac- At the end of subtitle A of title XXIX, add tion 1079 of title 10, United States Code, is tive duty for which the member is involun- the following: amended by striking paragraph (17). tarily retained under section 12305 of this SEC. 2905. ENHANCEMENT OF ENVIRONMENTAL (c) SAVINGS PROVISION.—Nothing in this title in support of a contingency operation. REMEDIATION. subtitle or the amendments made by this ‘‘(D) A member who is separated from ac- Section 2905(b) of the Defense Base Closure subtitle shall be construed— tive duty served pursuant to a voluntary and Realignment Act of 1990 (part A of title (1) to modify any eligibility requirement agreement of the member to remain on ac- XXIX of Public Law 101–510; 10 U.S.C. 2687 for any person receiving benefits under the tive duty for a period of less than one year in note) is amended by adding at the end the Individual Case Management Program before support of a contingency operation. following new paragraph: October 1, 2001; or

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.057 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9987 (2) to terminate any benefits available ‘‘(C) Medical equipment and supplies. and case management services, to the extent under that program before that date. ‘‘(D) In the case of a patient with concur- not otherwise provided under this chapter (d) CONSULTATION REQUIREMENT.—The Sec- rent skilled care needs, the following: with respect to a qualifying condition, as fol- retary of Defense shall consult with the ‘‘(i) Home health aide services. lows: other administering Secretaries referred to ‘‘(ii) Performance of chores. ‘‘(A) Diagnosis. in section 1072(3) of title 10, United States ‘‘(iii) Adult day care services. ‘‘(B) Inpatient, outpatient, and comprehen- Code, in carrying out this section. ‘‘(iv) Respite care. sive home health supplies and services. SEC. 702. DOMICILIARY AND CUSTODIAL CARE. ‘‘(v) Any other medical or social service ‘‘(C) Training and rehabilitation, including (a) AUTHORITY.—Section 1077 of title 10, that contributes to the health and well-being special education and assistive technology United States Code, is amended— of the patient and the ability of the patient devices. (1) in subsection (b)(1), by inserting before to reside in a community based care setting ‘‘(D) Institutional care in private non- the period end the following: ‘‘, except as instead of an institution. profit, public, and State institutions and fa- provided in subsection (e)’’; and ‘‘(c) DURATION OF POST-HOSPITAL EXTENDED cilities and, when appropriate, transpor- (2) by adding at the end the following new CARE SERVICES.—The post-hospital extended tation to and from such institutions and fa- subsection: care services provided in a skilled nursing fa- cilities. ‘‘(e) The prohibition in subsection (b)(1) cility to a patient during a spell of illness ‘‘(E) Any other services and supplies deter- does not apply to domiciliary care or custo- under subsection (b)(3) shall continue for as mined appropriate under regulations pre- dial care that is provided to a patient by a long as is medically necessary and appro- scribed under paragraph (9). physician, nurse, paramedic, or other health priate. The limitation on the number of days ‘‘(3) The extended benefits under paragraph care provider incident to other health care of coverage under subsections (a)(2) and (1) may also include respite care for the pri- authorized under subsection (a), whether or (b)(2)(A) of section 1812 of the Social Secu- mary caregiver of a dependent eligible for not— rity Act (42 U.S.C. 1395d) shall not apply with extended benefits under this subsection. ‘‘(1) the potential for the patient’s condi- respect to the care provided that patient. ‘‘(4) Home health supplies and services may tion of illness, injury, or bodily malfunction ‘‘(d) COMMUNITY BASED SERVICES.—(1) To be provided to a dependent under paragraph to improve might be nonexistent or minimal; qualify for community based services under (2)(B) as other than part-time or intermit- or this section, a patient shall require a level of tent services (as determined in accordance ‘‘(2) the care is provided for the purposes of care that— with the second sentence of section 1861(m) maintaining function and preventing dete- ‘‘(A) is available to the patient in a nurs- of the Social Security Act (42 U.S.C. rioration.’’. ing facility or hospital; and 1395x(m)) only if— (b) DOMICILIARY AND CUSTODIAL CARE DE- ‘‘(B) if such level of care were provided to ‘‘(A) the provision of such supplies and FINED.—Section 1072 of such title is amended the patient in such a nursing facility or hos- services in the home of the dependent is by adding at the end the following new para- pital, would be paid for (in whole or in part) medically appropriate; and graphs: under this chapter at a cost to the United ‘‘(B) the cost of the provision of such sup- ‘‘(8) The term ‘domiciliary care’ means States that is equal to or greater than the plies and services to the dependent is equal treatment or services involving assistance cost that would be incurred by the United to or less than the cost of the provision of with the performance of activities of daily States to provide the community based serv- similar supplies and services to the depend- living that is provided to a patient in a ices to the patient under this section. ent in a skilled nursing facility. home-like setting because— ‘‘(2) Community based services may only ‘‘(5) Subsection (a)(13) shall not apply to ‘‘(A) the treatment or services are not be provided to a patient under this section in the provision of care and services determined available, or are not suitable to be provided, accordance with a plan of care established by appropriate to be provided as extended bene- to the patient in the patient’s home; or the patient’s physician. fits under this subsection. ‘‘(B) no member of the patient’s family is ‘‘(e) REGULATIONS.—The Secretary of De- ‘‘(6) Subject to paragraph (7), a member of willing to provide the treatment or services. fense shall, after consultation with the other the uniformed services shall pay a share of ‘‘(9) The term ‘custodial care’— administering Secretaries, prescribe regula- the cost of any care and services provided as ‘‘(A) means treatment or services that— tions to carry out this section. extended benefits to any of the dependents of ‘‘(i) could be provided safely and reason- ‘‘(f) DEFINITIONS.—In this section: the member under this subsection as follows: ably by a person not trained as a physician, ‘‘(1) The term ‘extended care services’ has ‘‘(A) In the case of a member in the lowest nurse, paramedic, or other health care pro- the meaning given the term in subsection (h) enlisted pay grade, the first $25 of the cumu- vider; or of section 1861 of the Social Security Act (42 lative costs of all care furnished to one or ‘‘(ii) are provided principally to assist the U.S.C. 1395x). more dependents of the member in a month. recipient of the treatment or services with ‘‘(2) The term ‘post-hospital extended serv- ‘‘(B) In the case of a member in the highest the performance of activities of daily living; ices’ has the meaning given the term in sub- commissioned pay grade, the first $250 of the and section (i) of section 1861 of the Social Secu- cumulative costs of all care furnished to one ‘‘(B) includes any treatment or service de- rity Act (42 U.S.C. 1395x). or more dependents of the member in a scribed in subparagraph (A) without regard ‘‘(3) The term ‘home health services’ has month. to— the meaning given the term in subsection ‘‘(C) In the case of a member in any other ‘‘(i) the source of any recommendation to (m) of section 1861 of the Social Security Act pay grade, a fixed amount of the cumulative provide the treatment or service; and (42 U.S.C. 1395x). costs of all care furnished to one or more de- ‘‘(ii) the setting in which the treatment or ‘‘(4) The term ‘skilled nursing facility’ has pendents of the member in a month, as pre- service is provided.’’. the meaning given the term in section 1819(a) scribed for that pay grade in regulations pre- of the Social Security Act (42 U.S.C. 1395i– scribed under paragraph (9). SEC. 703. LONG TERM CARE. 3(a)). ‘‘(7)(A) In the case of extended benefits pro- (a) LIMITATION.—Chapter 55 of title 10, ‘‘(5) The term ‘spell of illness’ has the vided under subparagraph (C) or (D) of para- United States Code, is amended by inserting meaning given the term in subsection (a) of graph (2) to a dependent of a member of the after section 1074i the following new section: section 1861 of the Social Security Act (42 uniformed services— ‘‘§ 1074j. Long term care benefits program U.S.C. 1395x).’’. ‘‘(i) the Government’s share of the total ‘‘(a) REQUIREMENT FOR PROGRAM.—The Sec- (b) CLERICAL AMENDMENT.—The table of cost of providing such benefits in any month retary of Defense shall provide long term sections at the beginning of such chapter is shall not exceed $2,500, except for costs that health care benefits under the TRICARE pro- amended by inserting after the item relating a member is exempt from paying under sub- gram in an effective and efficient manner to section 1074i the following new item: paragraph (B); and that integrates those benefits with the bene- ‘‘1074j. Long term care benefits program.’’. ‘‘(ii) the member shall pay (in addition to fits provided on a less than a long term basis SEC. 704. EXTENDED BENEFITS FOR DISABLED any amount payable under paragraph (6)) the under the TRICARE program. BENEFICIARIES. amount, if any, by which the amount of such ‘‘(b) AUTHORIZED CARE.—The types of Section 1079 of title 10, United States Code, total cost for the month exceeds the Govern- health care authorized to be provided under is amended by striking subsections (d), (e), ment’s maximum share under clause (i). this section shall include the following: and (f) and inserting the following: ‘‘(B) A member of the uniformed services ‘‘(1) The types of health care authorized to ‘‘(d)(1) The health care benefits contracted who incurs expenses under subparagraph (A) be acquired by contract under section 1079 of for under this section shall include extended for a month for more than one dependent this title. benefits for dependents referred to in the shall not be required to pay for the month ‘‘(2) Extended care services. first sentence of subsection (a) who have any under clause (ii) of that subparagraph an ‘‘(3) Post-hospital extended care services. of the following qualifying conditions: amount greater than the amount the mem- ‘‘(4) Comprehensive intermittent home ‘‘(A) Moderate or severe mental retarda- ber would otherwise be required to pay under health services. tion. that clause for the month if the member ‘‘(5) Subject to subsection (d), community ‘‘(B) A serious physical disability. were incurring expenses under that subpara- based services, as follows:. ‘‘(C) Any extraordinary physical or psycho- graph for only one dependent. ‘‘(A) Nursing services provided by or under logical condition. ‘‘(8) To qualify for extended benefits under the supervision of a nurse. ‘‘(2) The extended benefits under paragraph subparagraph (C) or (D) of paragraph (2), a ‘‘(B) Therapy services. (1) may include comprehensive health care dependent of a member of the uniformed

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.059 pfrm02 PsN: S01PT1 S9988 CONGRESSIONAL RECORD — SENATE October 1, 2001 services shall be required to use public facili- ‘‘(E) Replacement of an orthotic device ‘‘(C) Respiratory or recreation therapy ties to the extent such facilities are avail- when appropriate to accommodate the pa- that is included as part of a treatment plan able and adequate, as determined under joint tient’s growth or change of condition. established for the patient by the physi- regulations of the administering Secretaries. ‘‘(2) An augmentative communication de- cian.’’. ‘‘(9) The Secretary of Defense, in consulta- vice may be provided as a voice prosthesis SEC. 710. MENTAL HEALTH BENEFITS. tion with the other administering Secre- under subsection (a)(15). Section 1079(i) of title 10, United States taries, shall prescribe regulations to carry ‘‘(3) A prosthetic or orthotic device cus- Code, is amended by adding at the end the out this subsection.’’. tomized for a patient may be provided under following new paragraphs: SEC. 705. CONFORMING REPEALS. this section only by a prosthetic or orthotic ‘‘(4)(A) To receive outpatient mental The following provisions of law are re- practitioner, respectively, who is qualified to health services under a contract entered into pealed: customize the device, as determined under under this section or section 1086 of this title (1) Section 703 of the National Defense Au- regulations prescribed by the Secretary of for periods in excess of a limitation on the thorization Act for Fiscal Year 2000 (Public Defense in consultation with the admin- availability of outpatient mental health ben- Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note). istering Secretaries.’’. efit for a year under the contract, a person (2) Section 8118 of the Department of De- SEC. 708. DURABLE MEDICAL EQUIPMENT. may convert any unused period of inpatient fense Appropriations Act, 2000 (Public Law (a) ITEMS AUTHORIZED.—Section 1077 of mental health benefit available to the person 106–79; 113 Stat. 1260). title 10, United States Code, as amended by for that year under the contract to one or (3) Section 8100 of the Department of De- section 707, is further amended— more additional periods of availability of fense Appropriations Act, 2001 (Public Law (1) in subsection (a)(12), by striking ‘‘such outpatient mental health benefit. 106–259; 114 Stat. 696). as wheelchairs, iron lungs, and hospital ‘‘(B) The total amount of inpatient mental SEC. 706. SERVICES OR SUPPLIES DETERMINED beds,’’ and inserting ‘‘which’’; and health benefit remaining available to a per- NECESSARY. (2) by adding at the end the following new son for a year under a contract referred to in (a) DETERMINATIONS OF NECESSITY.—Sub- subsection: subparagraph (A) shall be reduced to the ex- section (a)(13) of section 1079 of title 10, ‘‘(g)(1) Items that may be provided to a pa- tent of any conversion of the benefit for the United States Code, is amended— tient under subsection (a)(12) include the fol- person for the year under that subparagraph. (1) by inserting ‘‘(A)’’ after ‘‘(13)’’; lowing: ‘‘(C) For the purposes of this paragraph, (2) by designating the second sentence as ‘‘(A) Any durable medical equipment that one day of inpatient mental health benefit subparagraph (C), realigning that subpara- can improve, restore, or maintain the func- converts to eight hours of outpatient mental graph flush to the left margin, and striking tion of a malformed, diseased, or injured health benefit. ‘‘this paragraph’’ in the text of such subpara- body part, or can otherwise minimize or pre- ‘‘(5) Mental health services, including sub- graph (as so redesignated) and inserting vent the deterioration of the patient’s func- stance abuse services, available to a patient ‘‘subparagraph (A)’’; and tion or condition. under a contract entered into under this sec- (3) by inserting after subparagraph (A), as ‘‘(B) Any durable medical equipment that tion or section 1086 of this title shall be fur- designated by subparagraph (A), the fol- can maximize the patient’s function and mo- nished to the patient in the least restrictive lowing new subparagraph: bility consistent with the patient’s physio- environment that is effective and appro- ‘‘(B) For the purposes of subparagraph (A), logical or medical needs. priate for meeting the treatment and reha- the determination that a service or supply is ‘‘(C) Wheelchairs. bilitative needs of the patient.’’. medically or psychologically necessary to ‘‘(D) Iron lungs, SEC. 710A. REPORT TO CONGRESS ON RELATION- prevent, diagnose, or treat a mental or phys- ‘‘(E) Hospital beds. SHIP AMONG FEDERAL LONG-TERM ical illness, injury, or bodily malfunction of ‘‘(2) In addition to the authority to provide CARE INITIATIVES. a patient, or to prevent deterioration of a pa- durable medical equipment under subsection Not later than April 1, 2002, the Secretary tient, when made by the physician treating (a)(12), any customization of equipment of Defense shall submit to Congress a report the patient, shall be conclusive unless the owned by the patient that is durable medical on the relationship and compatibility of the physician’s determination is clearly erro- equipment authorized to be provided to the long term care insurance program under neous, as determined by a higher authority patient under this section or section chapter 90 of title 5, United States Code (as or under the CHAMPUS Peer Review Organi- added by the Federal Long-Term Care Secu- zation program.’’. 1079(a)(5) of this title, and any accessory or item of supply for any such equipment, may rity Act), and other initiatives of the Fed- (b) DETERMINATIONS NOT SUBJECT TO PEER eral Government to provide long term care REVIEW.—Subsection (o)(1) of such section is be provided to the patient if the customization, accessory, or item of supply benefits for which members of the uniformed amended by inserting ‘‘(subject to subsection services and their dependents are or would be (a)(13)(B))’’ after ‘‘determined’’. is essential for— ‘‘(A) achieving therapeutic benefit for the eligible. SEC. 707. PROSTHETICS, ORTHOTICS, AND HEAR- SEC. 710B. EFFECTIVE DATE. ING AIDS. patient; This subtitle and the amendments made by Section 1077 of title 10 United States Code, ‘‘(B) making the equipment serviceable; or this subtitle shall take effect on October 1, as amended by section 702, is further ‘‘(C) otherwise assuring the proper func- 2001. amended— tioning of the equipment. ‘‘(3) The eligibility of a patient to receive (1) in subsection (a), by striking paragraph SA 1747. Mr. KENNEDY submitted an (15) and inserting the following: durable medical equipment and related serv- ‘‘(15) A prosthetic or orthotic device, to- ices under this section or section 1079(a)(5) of amendment intended to be proposed by gether with related items and services as this title may not be limited on the basis him to the bill S. 1438, to authorize ap- provided in subsection (e). that a primary purpose of the use of the propriations for fiscal year 2002 for ‘‘(16) A hearing aid, but only for a depend- equipment by the patient is transportation, military activities of the Department ent of a member of the uniformed services on comfort, or convenience of the patient.’’. of Defense, for military constructions, active duty and only if the dependent has a (b) PROVISION OF ITEMS ON RENTAL BASIS.— and for defense activities of the De- profound hearing loss, as determined under Paragraph (5) of section 1079(a) of such title is amended to read as follows: partment of Energy, to prescribe per- standards prescribed in regulations by the sonnel strengths for such fiscal year Secretary of Defense in consultation with ‘‘(5) Durable equipment provided under this the administering Secretaries.’’; section shall be provided on a rental basis.’’. for the Armed Forces, and for other (2) in subsection (b)(2), by striking ‘‘Hear- SEC. 709. REHABILITATIVE THERAPY. purposes; which was ordered to lie on ing aids, orthopedic footwear,’’ and inserting Section 1077(a) of title 10, United States the table; as follows: ‘‘Orthopedic footwear’’; and Code, as amended by section 707(1), is further In section 702, strike the first line under (3) by adding at the end the following new amended by inserting after paragraph (16) the section heading and insert the following: subsection: the following new paragraph: (a) AUTHORITY.—Section 1077 of title 10, ‘‘(f)(1) Authority to provide a prosthetic or ‘‘(17) Any rehabilitative therapy to im- United States Code, is amended— orthotic device under subsection (a)(15) in- prove, restore, or maintain function, or to (1) in subsection (b)(1), by inserting before cludes authority to provide the following: minimize or prevent deterioration of func- the period end the following: ‘‘, except as ‘‘(A) Any accessory or item of supply that tion, of a patient when prescribed by a physi- provided in subsection (e)’’; and is used in conjunction with the device for the cian, including the following therapies: (2) by adding at the end the following new purpose of achieving therapeutic benefit and ‘‘(A) Physical or occupational therapy to subsection: proper functioning. maintain range of motion in a paralyzed ex- ‘‘(e) The prohibition in subsection (b)(1) ‘‘(B) Services necessary to train the recipi- tremity of the patient, without regard to does not apply to domiciliary care or custo- ent of the device in the use of the device. whether a purpose for providing the therapy dial care that is provided to a patient by a ‘‘(C) Repair of the device for normal wear is to restore a specific loss of function or is physician, nurse, paramedic, or other health and tear or damage. related to the restoration of a specific loss of care provider incident to other health care ‘‘(D) Replacement of the device if the de- function. authorized under subsection (a), whether or vice is lost or irreparably damaged or the ‘‘(B) Occupational therapy for an amputee not— cost of repair would exceed 60 percent of the or a patient with an orthopedic impairment, ‘‘(1) the potential for the patient’s condi- cost of replacement. including gait analysis. tion of illness, injury, or bodily malfunction

VerDate 11-MAY-2000 04:27 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.059 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9989 to improve might be nonexistent or minimal; SEC. 707. PROSTHETICS, ORTHOTICS, AND HEAR- ‘‘(B) making the equipment serviceable; or or ING AIDS. ‘‘(C) otherwise assuring the proper func- ‘‘(2) the care is provided for the purposes of Section 1077 of title 10 United States Code, tioning of the equipment. maintaining function and preventing dete- as amended by section 702, is further ‘‘(3) The eligibility of a patient to receive rioration.’’. amended— durable medical equipment and related serv- (1) in subsection (a), by striking paragraph (b) DOMICILIARY AND CUSTODIAL CARE DE- ices under this section or section 1079(a)(5) of (15) and inserting the following: FINED.—Section 1072 of such title is * * * this title may not be limited on the basis ‘‘(15) A prosthetic or orthotic device, to- In section 703, after ‘‘ ‘(4) Comprehensive that a primary purpose of the use of the gether with related items and services as intermittent home health services.’’’, insert equipment by the patient is transportation, provided in subsection (e). the following: comfort, or convenience of the patient.’’. ‘‘(16) A hearing aid, but only for a depend- (b) PROVISION OF ITEMS ON RENTAL BASIS.— ‘‘(5) Subject to subsection (d), community ent of a member of the uniformed services on Paragraph (5) of section 1079(a) of such title based services, as follows:. active duty and only if the dependent has a is amended to read as follows: ‘‘(A) Nursing services provided by or under profound hearing loss, as determined under ‘‘(5) Durable equipment provided under this the supervision of a nurse. standards prescribed in regulations by the section shall be provided on a rental basis.’’. ‘‘(B) Therapy services. Secretary of Defense in consultation with ‘‘(C) Medical equipment and supplies. the administering Secretaries.’’; SEC. 709. REHABILITATIVE THERAPY. ‘‘(D) In the case of a patient with concur- (2) in subsection (b)(2), by striking ‘‘Hear- Section 1077(a) of title 10, United States rent skilled care needs, the following: ing aids, orthopedic footwear,’’ and inserting Code, as amended by section 707(1), is further ‘‘(i) Home health aide services. ‘‘Orthopedic footwear’’; and amended by inserting after paragraph (16) ‘‘(ii) Performance of chores. (3) by adding at the end the following new the following new paragraph: ‘‘(iii) Adult day care services. subsection: ‘‘(17) Any rehabilitative therapy to im- ‘‘(iv) Respite care. ‘‘(f)(1) Authority to provide a prosthetic or prove, restore, or maintain function, or to ‘‘(v) Any other medical or social service orthotic device under subsection (a)(15) in- minimize or prevent deterioration of func- that contributes to the health and well-being cludes authority to provide the following: tion, of a patient when prescribed by a physi- of the patient and the ability of the patient ‘‘(A) Any accessory or item of supply that cian, including the following therapies: to reside in a community based care setting is used in conjunction with the device for the ‘‘(A) Physical or occupational therapy to instead of an institution. purpose of achieving therapeutic benefit and maintain range of motion in a paralyzed ex- In section 703, strike ‘‘ ‘(d) REGULATIONS.— proper functioning. tremity of the patient, without regard to ’’ and all that follows through ‘‘ ‘(e) DEFINI- ‘‘(B) Services necessary to train the recipi- whether a purpose for providing the therapy TIONS.—’’ and insert the following: ent of the device in the use of the device. is to restore a specific loss of function or is ‘‘(d) COMMUNITY BASED SERVICES.—(1) To ‘‘(C) Repair of the device for normal wear related to the restoration of a specific loss of qualify for community based services under and tear or damage. function. this section, a patient shall require a level of ‘‘(D) Replacement of the device if the de- ‘‘(B) Occupational therapy for an amputee care that— vice is lost or irreparably damaged or the or a patient with an orthopedic impairment, ‘‘(A) is available to the patient in a nurs- cost of repair would exceed 60 percent of the including gait analysis. ing facility or hospital; and cost of replacement. ‘‘(C) Respiratory or recreation therapy ‘‘(B) if such level of care were provided to ‘‘(E) Replacement of an orthotic device that is included as part of a treatment plan the patient in such a nursing facility or hos- when appropriate to accommodate the pa- established for the patient by the physi- pital, would be paid for (in whole or in part) tient’s growth or change of condition. cian.’’. ‘‘(2) An augmentative communication de- under this chapter at a cost to the United SEC. 710. MENTAL HEALTH BENEFITS. States that is equal to or greater than the vice may be provided as a voice prosthesis Section 1079(i) of title 10, United States cost that would be incurred by the United under subsection (a)(15). ‘‘(3) A prosthetic or orthotic device cus- Code, is amended by adding at the end the States to provide the community based serv- tomized for a patient may be provided under following new paragraphs: ices to the patient under this section. this section only by a prosthetic or orthotic ‘‘(4)(A) To receive outpatient mental ‘‘(2) Community based services may only practitioner, respectively, who is qualified to health services under a contract entered into be provided to a patient under this section in customize the device, as determined under under this section or section 1086 of this title accordance with a plan of care established by regulations prescribed by the Secretary of for periods in excess of a limitation on the the patient’s physician. Defense in consultation with the admin- availability of outpatient mental health ben- ‘‘(e) REGULATIONS.—The Secretary of De- istering Secretaries.’’. efit for a year under the contract, a person fense shall, after consultation with the other SEC. 708. DURABLE MEDICAL EQUIPMENT. may convert any unused period of inpatient administering Secretaries, prescribe regula- (a) ITEMS AUTHORIZED.—Section 1077 of mental health benefit available to the person tions to carry out this section. title 10, United States Code, as amended by for that year under the contract to one or ‘‘(f) DEFINITIONS.— section 707, is further amended— more additional periods of availability of In section 706, strike the section heading (1) in subsection (a)(12), by striking ‘‘such outpatient mental health benefit. and insert the following: as wheelchairs, iron lungs, and hospital ‘‘(B) The total amount of inpatient mental SEC. 706. SERVICES OR SUPPLIES DETERMINED beds,’’ and inserting ‘‘which’’; and health benefit remaining available to a per- NECESSARY. (2) by adding at the end the following new son for a year under a contract referred to in (a) DETERMINATIONS OF NECESSITY.—Sub- subsection: subparagraph (A) shall be reduced to the ex- section (a)(13) of section 1079 of title 10, ‘‘(g)(1) Items that may be provided to a pa- tent of any conversion of the benefit for the tient under subsection (a)(12) include the fol- United States Code, is amended— person for the year under that subparagraph. lowing: (1) by inserting ‘‘(A)’’ after ‘‘(13)’’; ‘‘(C) For the purposes of this paragraph, ‘‘(A) Any durable medical equipment that (2) by designating the second sentence as one day of inpatient mental health benefit can improve, restore, or maintain the func- subparagraph (C), realigning that subpara- converts to eight hours of outpatient mental tion of a malformed, diseased, or injured graph flush to the left margin, and striking health benefit. body part, or can otherwise minimize or pre- ‘‘this paragraph’’ in the text of such subpara- ‘‘(5) Mental health services, including sub- vent the deterioration of the patient’s func- graph (as so redesignated) and inserting stance abuse services, available to a patient tion or condition. ‘‘subparagraph (A)’’; and under a contract entered into under this sec- ‘‘(B) Any durable medical equipment that (3) by inserting after subparagraph (A), as tion or section 1086 of this title shall be fur- can maximize the patient’s function and mo- designated by subparagraph (A), the fol- nished to the patient in the least restrictive bility consistent with the patient’s physio- lowing new subparagraph: environment that is effective and appro- logical or medical needs. ‘‘(B) For the purposes of subparagraph (A), priate for meeting the treatment and reha- ‘‘(C) Wheelchairs. the determination that a service or supply is bilitative needs of the patient.’’. ‘‘(D) Iron lungs, medically or psychologically necessary to ‘‘(E) Hospital beds. SEC. 710A. REPORT TO CONGRESS ON RELATION- prevent, diagnose, or treat a mental or phys- ‘‘(2) In addition to the authority to provide SHIP AMONG FEDERAL LONG-TERM ical illness, injury, or bodily malfunction of durable medical equipment under subsection CARE INITIATIVES. a patient, or to prevent deterioration of a pa- (a)(12), any customization of equipment Not later than April 1, 2002, the Secretary tient, when made by the physician treating owned by the patient that is durable medical of Defense shall submit to Congress a report the patient, shall be conclusive unless the equipment authorized to be provided to the on the relationship and compatibility of the physician’s determination is clearly erro- patient under this section or section long term care insurance program under neous, as determined by a higher authority 1079(a)(5) of this title, and any accessory or chapter 90 of title 5, United States Code (as or under the CHAMPUS Peer Review Organi- item of supply for any such equipment, may added by the Federal Long-Term Care Secu- zation program.’’. be provided to the patient if the rity Act), and other initiatives of the Fed- (b) DETERMINATIONS NOT SUBJECT TO PEER customization, accessory, or item of supply eral Government to provide long term care REVIEW.—Subsection (o)(1) of such section is is essential for— benefits for which members of the uniformed amended by inserting ‘‘(subject to subsection ‘‘(A) achieving therapeutic benefit for the services and their dependents are or would be (a)(13)(B))’’ after ‘‘determined’’. patient; eligible.

VerDate 11-MAY-2000 04:27 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.060 pfrm02 PsN: S01PT1 S9990 CONGRESSIONAL RECORD — SENATE October 1, 2001 SEC. 710B. EFFECTIVE DATE. of financial assistance shall be consistent the deployment, the return from deploy- with subsidies paid for child care under sub- ment, or the medical or rehabilitation needs SA 1748. Mr. KENNEDY submitted an chapter II of chapter 88 of title 10, United of such members. amendment intended to be proposed by States Code. The amount paid a family for (e) FAMILY SUPPORT ASSISTANCE.—Family him to the bill S. 1438, to authorize ap- child care may not exceed the total subsidy support assistance authorized by this section amount that would be provided to the family may be used for the following purposes: propriations for fiscal year 2002 for for attendance of children of the family at (1) Protection against terrorist activity. military activities of the Department military child development centers under (2) Family crisis intervention. of Defense, for military constructions, section 1793 of such title. (3) Family counseling. and for defense activities of the De- (e) FUNDING.—Amounts available for car- (4) Parent education programs. partment of Energy, to prescribe per- rying out subchapter II of chapter 88 of title (5) Family support groups. sonnel strengths for such fiscal year 10, United States Code, shall be available for (6) Expenses for volunteer activities. for the Armed Forces, and for other paying the costs incurred by the Department (7) Respite care. of Defense under a cooperative agreement purposes; which was ordered to lie on (8) Housing protection and advocacy. entered into under this section. (9) Food assistance. the table; as follows: (f) AUTHORIZATION OF APPROPRIATIONS.— (10) Employment assistance. At the end of title VI, add the following: There is authorized to be appropriated to the (11) Child care. Subtitle F—National Emergency Family Department of Defense for fiscal year 2002, (12) Benefits eligibility determination serv- Support out of current and future balances in the De- ices. fense Cooperation Account, such sums as are SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. (13) Transportation assistance. necessary to carry out the provisions of this (14) Adult day care for dependent elderly (a) IN GENERAL.—The Secretary of Defense section. may provide assistance for families of mem- and disabled adults. SEC. 683. FAMILY EDUCATION AND SUPPORT (15) Temporary housing assistance for im- bers of the Armed Forces serving on active SERVICES. duty during the period of the national emer- mediate family members visiting wounded (a) IN GENERAL.—The Secretary of Defense members of the Armed Forces or receiving gency declared by the President on Sep- may provide assistance in accordance with tember 14, 2001, in order to ensure that the medical treatment at military hospitals and this section to families of members of the facilities in the United States. children of such families obtain needed child Armed Forces serving on active duty in care and youth services. The assistance au- (16) Reimbursement of telephone and other order to ensure that those families receive communication expenses incurred in mis- thorized by this section should be directed educational assistance and family support primarily toward providing needed family sion-related activities. services necessary to meet needs arising out (17) The Reserve Family Support Program. support, including child care and youth serv- of the national emergency referred to in sec- ices for children of such personnel who are (18) The expansion of Department of De- tion 681(a). fense family support centers to the extent deployed, assigned, or ordered to active duty (b) TYPES OF ASSISTANCE.—The assistance in connection with operations of the Armed adequate to provide support for families of authorized by this section may be provided members of reserve components referred to Forces under the national emergency. to families directly or through the awarding (b) AUTHORIZATION OF APPROPRIATIONS.— in section 682(b) and the establishment of De- of grants, contracts, cooperative agreements, partment of Defense family support centers There is authorized to be appropriated to the or other forms of financial assistance to ap- Department of Defense for fiscal year 2002, in major metropolitan areas, and other com- propriate private or public entities. The as- munities, that are far from military installa- out of current and future balances in the De- sistance may include grants for after-school fense Cooperation Account, such sums as are tions and have large populations of families programs that are carried out by the Boys & of such members. necessary to carry out the provisions of this Girls Clubs of America for children of mem- section. (19) Computer and other equipment for bers of reserve components deployed, as- communication between members of the (c) SUPPLEMENTATION OF OTHER PUBLIC signed, or ordered to active duty as described FUNDS.—Funds referred to in subsection (b) Armed Forces and members of their families. in section 681(a). (f) AUTHORIZATION OF APPROPRIATIONS.— that are made available to carry out this (c) GEOGRAPHIC AREAS ASSISTED.—(1) Such section may be used only to supplement, and There is authorized to be appropriated to the assistance shall be provided primarily in ge- Department of Defense for fiscal year 2002, not to supplant, the amount of any other ographic areas— Federal, State, or local government funds out of current and future balances in the De- (A) in which a substantial number of mem- fense Cooperation Account, such sums as are otherwise expended or authorized for the bers of the active components of the Armed support of family programs, including child necessary to carry out the provisions of this Forces of the United States are permanently section. care and youth programs for members of the assigned and from which a significant num- Armed Forces. ber of such members are being deployed or SEC. 684. DEFENSE COOPERATION ACCOUNT DE- FINED. SEC. 682. CHILD CARE FOR DEPENDENTS OF MO- have been deployed; or In this subtitle, the term ‘‘Defense Co- BILIZED RESERVES. (B) from which a significant number of operation Account’’ means the Defense Co- (a) AUTHORITY.—(1) The Secretary of De- members of the reserve components of the operation Account established under section fense is authorized to enter into a coopera- Armed Forces ordered to, or retained on, ac- 2608 of title 10, United States Code. tive agreement with a public, not-for-profit tive duty pursuant to a provision of law re- organization that provides child care re- ferred to in section 101(a)(13)(B) of title 10, SA 1749. Mr. NELSON of Florida sub- source and referral services on a nationwide United States Code, are being deployed or mitted an amendment intended to be basis to carry out a program of assistance have been deployed. for families of eligible members of reserve (2) The Secretary of Defense shall deter- proposed by him to the bill S. 1438, to components of the Armed Forces. mine which areas meet the criteria set out in authorize appropriations for fiscal year (2) The program under a cooperative agree- paragraph (1). 2002 for military activities of the De- ment entered into under this section shall be (d) EDUCATIONAL ASSISTANCE.—Educational partment of Defense, for military con- similar to the program known as AmeriCorps assistance authorized by this section may be structions, and for defense activities of Cares that is established by the Corporation used for the furnishing of one or more of the the Department of Energy, to prescribe following forms of assistance: for National Service under the National and personnel strengths for such fiscal year Community Service Act of 1990. (1) Protection of children, child and youth (b) ELIGIBLE MEMBERS.—For the purposes care facilities, and Department of Defense for the Armed Forces, and for other of this section, an eligible member is a mem- schools that are not on military installa- purposes; which was ordered to lie on ber of reserve components of the Armed tions and might be targets of terrorist activ- the table; as follows: Forces serving on active duty pursuant to a ity. In section 2301(a), in the table, strike the call or order issued under a provision of law (2) Individual or group counseling for chil- item relating to MacDill Air Force Base, referred to in section 101(a)(13)(B) of title 10, dren and other members of the families of Florida. United States Code. members of the Armed Forces of the United In section 2301(a), in the table, strike the (c) FORMS OF ASSISTANCE.—Assistance States who have been deployed or are casual- amount specified as the total in the amount under a cooperative agreement entered into ties. column and insert ‘‘$801,370,000. under this section shall include the fol- (3) Training and technical assistance to In section 2304(a), in the matter preceding lowing: better prepare teachers and other school em- paragraph (1), strike ‘‘$2,579,791,000’’ and in- (1) Referral for child care services. ployees to address questions and concerns of sert ‘‘$2,569,791,000’’. (2) Financial assistance for the payment of children of such members of the Armed In section 2304(a), strike ‘‘$816,070,000’’ and costs of child care. Forces. insert ‘‘$806,070,000’’. (d) FINANCIAL ASSISTANCE.—The Secretary (4) Other appropriate programs, services, In section 2601(2), strike ‘‘$33,641,000’’ and of Defense shall provide financial assistance and information designed to address the spe- insert ‘‘$42,241,000’’. for the payment of costs of families for child cial needs of children and other members of care under any cooperative agreement en- the families of members of the Armed Forces SA 1750. Mr. DODD (for himself, Mr. tered into under this section. The amounts referred to in paragraph (2) resulting from HOLLINGS, Mr. CORZINE, Mr. BIDEN, Mr.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.060 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9991 BINGAMAN, Mr. SARBANES, Ms. SNOWE, ARNG Helicopter Support to AFSPC ICBM (A) each uniformed services voter receives Mr. SPECTER, Ms. COLLINS, Mr. WAR- Operations;’’ the utmost consideration and cooperation (4) replacement of UH–1N helicopters with NER, and Mr. MCCAIN) submitted an when voting; and UH–60 helicopters or another platform, and amendment intended to be proposed by (B) each valid ballot cast by such a voter is establishment of composite units combining duly counted. him to the bill S. 1438, to authorize ap- active duty Air Force and Army National (b) UNIFORMED SERVICES VOTER DEFINED.— propriations for fiscal year 2002 for Guard personnel; and, In this section, the term ‘‘uniformed services military activities of the Department (5) other options as the Secretary deems voter’’ means— of Defense, for military constructions, appropriate. (1) a member of a uniformed service (as de- and for defense activities of the De- (c) Factors to be considered in this anal- fined in section 101(a)(5) of title 10, United ysis include: States Code) in active service; partment of Energy, to prescribe per- (1) any implications of transferring the sonnel strengths for such fiscal year (2) a member of the merchant marine (as helicopter support missions on the command defined in section 107 of the Uniformed and for the Armed Forces, and for other and control of and responsibility for missile Overseas Citizens Absentee Voting Act (42 purposes; as follows: field force protection; U.S.C. 1973ff–6)); and At the end of subtitle E of title X, add the (2) current and future operational require- (3) a spouse or dependent of a member re- following: ments, and the capabilities of the UH–1N, the ferred to in subparagraph (A) or (B) who is SEC. 1066, ASSISTANCE FOR FIREFIGHTERS. UH–60 or other aircraft to meet them; qualified to vote. (3) cost, with particular attention to op- Section 33(e) of the Federal Fire Preven- SEC. 572. STANDARD FOR INVALIDATION OF BAL- portunities to realize efficiencies over the tion and Control Act of 1974 (15 U.S.C. LOTS CAST BY ABSENT UNIFORMED long run; 2229(e)) is amended by striking paragraph (2) SERVICES VOTERS IN FEDERAL (4) implications for personnel training and ELECTIONS. and inserting the following new paragraphs: retention; and, (a) IN GENERAL.—Section 102 of the Uni- ‘‘(2) $600,000,000 for fiscal year 2002. (5) evaluation of the assumptions used in formed and Overseas Citizens Absentee Vot- ‘‘(3) $800,000,000 for fiscal year 2003. the plan specified in (b)(3) above. ing Act (42 U.S.C. 1973ff–1) is amended— ‘‘(4) $1,000,000,000 for fiscal year 2004.’’ (d) The Secretary shall consider carefully (1) by striking ‘‘Each State’’ and inserting the views of the Secretary of the Army, Sec- Mr. LOTT submitted an ‘‘(a) IN GENERAL.—Each State’’; and SA 1751. retary of the Air Force, Commander in Chief (2) by adding at the end the following: amendment intended to be proposed by of the United States Strategic Command, ‘‘(c) STANDARDS FOR INVALIDATION OF CER- him to the bill S. 1438, to authorize ap- and the Chief of the National Guard Bureau. TAIN BALLOTS.— propriations for fiscal year 2002 for ‘‘(1) IN GENERAL.—A State may not refuse military activities of the Department SA 1753. Mr. BOND submitted an to count a ballot submitted in an election for of Defense, for military constructions, amendment intended to be proposed by Federal office by an absent uniformed serv- and for defense activities of the De- him to the bill S. 1438, to authorize ap- ices voter solely— partment of Energy, to prescribe per- propriations for fiscal year 2002 for ‘‘(A) on the grounds that the ballot— ‘‘(i) lacked a witness signature, an address, sonnel strengths for such fiscal year military activities of the Department of Defense, for military constructions, or a postmark; or for the Armed Forces, and for other ‘‘(ii) did not display the proper postmark; purposes; as follows: and for defense activities of the De- or At the appropriate place in the bill, add partment of Energy, to prescribe per- ‘‘(B) on the basis of a comparison of signa- the following: sonnel strengths for such fiscal year tures on ballots, envelopes, or registration SEC. 201(1). AUTHORIZATION OF ADDITIONAL for the Armed Forces, and for other forms. FUNDS. purposes; which was ordered to lie on ‘‘(2) NO EFFECT ON FILING DEADLINES UNDER AUTHORIZATION.—$2,500,000 is authorized for the table; as follows: STATE LAW.—Nothing in this subsection may appropriations in section 201(1), in On page 65, after line 24, insert the fol- be construed to affect the application to bal- PE62303A214 for Enhanced Scramjet Mixing. lowing: lots submitted by absent uniformed services voters of any ballot submission deadline ap- SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- SA 1752. Mr. CONRAD (for himself ING. plicable under State law.’’. (b) EFFECTIVE DATE.—The amendments and Mr. DORGAN) submitted an amend- Of the amount authorized to be appro- made by subsection (a) shall apply with re- priated by section 301(5), $5,000,000 may be ment intended to be proposed by him spect to ballots described in section 102(c) of to the bill S. 1438, to authorize appro- available for the training of members of the the Uniformed and Overseas Citizens Absen- priations for fiscal year 2002 for mili- Armed Forces (including reserve component tee Voting Act (as added by such subsection) tary activities of the Department of personnel) in the management of the con- that are submitted with respect to elections sequences of an incident involving the use or Defense, for military constructions, that occur after the date of enactment of threat of use of a weapon of mass destruc- this Act. and for defense activities of the De- tion. partment of Energy, to prescribe per- SEC. 573. GUARANTEE OF RESIDENCY FOR MILI- TARY PERSONNEL. sonnel strengths for such fiscal year SA 1754. Mr. ALLARD submitted an Article VII of the Soldiers’ and Sailors’ for the Armed Forces, and for other amendment intended to be proposed by Civil Relief Act of 1940 (50 U.S.C. App. 590 et purposes; which was ordered to lie on him to the bill S. 1438, to authorize ap- seq.) is amended by adding at the end the fol- the table; as follows: propriations for fiscal year 2002 for lowing: ‘‘SEC. 704. (a) For purposes of voting for At the appropriate place, insert: military activities of the Department any Federal office (as defined in section 301 STUDY AND PLAN.— of Defense, for military constructions, of the Federal Election Campaign Act of 1971 (a) With the submission of the fiscal year and for defense activities of the De- (2 U.S.C. 431)) or a State or local office, a 2003 budget request, the Secretary of Defense partment of Energy, to prescribe per- person who is absent from a State in compli- shall provide to the congressional defense sonnel strengths for such fiscal year ance with military or naval orders shall not, committees a report and the Secretary’s rec- for the Armed Forces, and for other solely by reason of that absence— ommendations on options for enhancing the ‘‘(1) be deemed to have lost a residence or capabilities and cost effectiveness of the hel- purposes; which was ordered to lie on domicile in that State, without regard to icopter support missions at the ICBM wings the table; as follows: whether or not the person intends to return at Minot AFB, North Dakota; Malmstrom On page 147, beginning with line 13 strike to that State; AFB, Montana; and F.E. Warren AFB, Wyo- through page 154, line 16 and insert the fol- ‘‘(2) be deemed to have acquired a resi- ming. lowing: dence or domicile in any other State; or (b) Options to be reviewed include: Subtitle F—Uniformed Services Overseas ‘‘(3) be deemed to have become a resident (1) the Air Force’s current plan for replace- Voting in or a resident of any other State. ment or modernization of UH–1N helicopters SEC. 571. SENSE OF THE SENATE REGARDING ‘‘(b) In this section, the term ‘State’ in- currently flown by the Air Force at the mis- THE IMPORTANCE OF VOTING BY cludes a territory or possession of the United sile wings; MEMBERS OF THE UNIFORMED States, a political subdivision of a State, ter- (2) replacement of the UH–IN helicopters SERVICES. ritory, or possession, and the District of Co- currently flown by the Air Force with UH–60 (a) SENSE OF THE SENATE.—It is the sense lumbia.’’. Black Hawk helicopters, the UH–1Y, or an- of the Senate that each administrator of a SEC. 574. EXTENSION OF REGISTRATION AND ther platform; Federal, State, or local election should— BALLOTING RIGHTS FOR ABSENT (3) replacement of UH–1N helicopters with (1) be aware of the importance of the abil- UNIFORMED SERVICES VOTERS TO UH–60 helicopters and transition of the mis- ity of each uniformed services voter to exer- STATE AND LOCAL ELECTIONS. sion to the Army National Guard, as detailed cise their right to vote; and (a) IN GENERAL.—Section 102 of the Uni- in the November 21, 2000, Air Force Space (2) perform their duties with the intent to formed and Overseas Citizens Absentee Vot- Command plan, ‘‘The Business Case for ensure that— ing Act (42 U.S.C. 1973ff–1), as amended by

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section 572(a)(1), is further amended by in- (c) REPORT TO CONGRESS.—Not later than of a polling place with respect to an election serting after subsection (a) the following new June 1, 2003, the Secretary of Defense shall for public office, the Secretary shall con- subsection: submit a report to Congress analyzing the tinue to make the facility available for sub- ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- demonstration project conducted under this sequent elections for public office unless the FICES.—Each State shall— section, and shall include in the report any Secretary provides to Congress advance no- ‘‘(1) permit absent uniformed services vot- recommendations the Secretary of Defense tice in a reasonable and timely manner of ers to use absentee registration procedures considers appropriate for continuing the the reasons why the facility will no longer be and vote by absentee ballot in general, spe- project on an expanded basis during the next made available as a polling place.’’. cial, primary, and runoff elections for State regularly scheduled general election for Fed- (2) Section 18236 of such title is amended and local offices; and eral office. by adding at the end the following: ‘‘(2) accept and process, with respect to SEC. 578. FEDERAL VOTING ASSISTANCE PRO- ‘‘(e) Pursuant to a lease or other agree- any election described in paragraph (1), any GRAM. ment under subsection (c)(1), a State may otherwise valid voter registration applica- (a) IN GENERAL.—The Secretary of Defense make a facility covered by subsection (c) tion from an absent uniformed services voter shall promulgate regulations to require each available for use as a polling place in any if the application is received by the appro- of the Armed Forces to ensure their compli- Federal, State, or local election for public priate State election official not less than 30 ance with any directives issued by the Sec- office notwithstanding chapter 29 of title 18 days before the date of the election.’’. retary of Defense in implementing the Fed- (including sections 592 and 593 of such (b) CONFORMING AMENDMENT.—The heading eral Voting Assistance Program (referred to title).’’. for title I of such Act is amended by striking in this section as the ‘‘Program’’) or any (c) CONFORMING AMENDMENTS TO TITLE 18.— . ‘‘FOR FEDERAL OFFICE’’ similar program. (1) Section 592 of title 18, United States Code, SEC. 575. USE OF SINGLE APPLICATION AS A SI- (b) REVIEW AND REPORT.—(1) The Inspector is amended by adding at the end the fol- MULTANEOUS ABSENTEE VOTER General of each of the Armed Forces shall— lowing: REGISTRATION APPLICATION AND ABSENTEE BALLOT APPLICATION. (A) conduct an annual review of the effec- ‘‘This section shall not prohibit the use of Subsection (a) of section 102 of the Uni- tiveness of the Program or any similar pro- buildings located on military installations, formed and Overseas Citizens Absentee Vot- gram; or the use of reserve component facilities, as ing Act (42 U.S.C. 1973ff–1), as redesignated (B) conduct an annual review of the com- polling places in Federal, State, and local by section 572(a)(1), is amended— pliance with the Program or any similar pro- elections for public office in accordance with (1) by striking ‘‘and’’ at the end of para- gram of the branch; and section 2670(b), 18235, or 18236 of title 10.’’. graph (2); (C) submit an annual report to the Inspec- (2) Section 593 of such title is amended by (2) by striking the period at the end of tor General of the Department of Defense on adding at the end the following: paragraph (3) and inserting a semicolon; and the results of the reviews under subpara- ‘‘This section shall not prohibit the use of (3) by inserting after paragraph (3) the fol- graphs (A) and (B). buildings located on military installations, lowing new paragraph (4): (2) Not later than March 31, 2003, and annu- or the use of reserve component facilities, as ‘‘(4) accept and process the official post ally thereafter, the Inspector General of the polling places in Federal, State, and local card form (prescribed under section 101) as a Department of Defense shall submit a report elections for public office in accordance with simultaneous absentee voter registration ap- to Congress on— section 2670(b), 18235, or 18236 of title 10.’’. plication and absentee ballot application; (A) the effectiveness of the Program or any (d) CONFORMING AMENDMENT TO VOTING and’’. similar program; and RIGHTS LAW.—Section 2003 of the Revised SEC. 576. USE OF SINGLE APPLICATION FOR AB- (B) the level of compliance with the Pro- Statutes (42 U.S.C. 1972) is amended by add- SENTEE BALLOTS FOR ALL FEDERAL gram or any similar program of the branches ing at the end the following: ‘‘Making a mili- ELECTIONS. of the Armed Forces. tary installation or reserve component facil- Subsection (a) of section 102 of the Uni- SEC. 579. USE OF BUILDINGS ON MILITARY IN- ity available as a polling place in a Federal, formed and Overseas Citizens Absentee Vot- STALLATIONS AND RESERVE COM- State, or local election for public office in ing Act (42 U.S.C. 1973ff–1), as amended by PONENT FACILITIES AS POLLING accordance with section 2670(b), 18235, or section 575, is further amended by inserting PLACES. 18236 of title 10, United States Code, shall be after paragraph (4) the following new para- (a) USE OF MILITARY INSTALLATIONS AU- deemed to be consistent with this section.’’. graph (5): THORIZED.—Section 2670 of title 10, United (e) CLERICAL AMENDMENTS.—(1) The head- ‘‘(5) accept and process, with respect to all States Code, is amended— ing of section 2670 of title 10, United States general, special, primary, and runoff elec- (1) by striking ‘‘Under’’ and inserting ‘‘(a) Code, is amended to read as follows: tions for Federal office occurring during a USE BY RED CROSS.—Under’’; ‘‘§ 2670. Buildings on military installations: year, any otherwise valid absentee ballot ap- (2) by striking ‘‘this section’’ and inserting use by American National Red Cross and as plication from an absent uniformed services ‘‘this subsection’’; and polling places in Federal, State, and local voter or overseas voter if a single application (3) by adding at the end the following: elections’’. for any such election is received by the ap- ‘‘(b) USE AS POLLING PLACES.—(1) Notwith- (2) The item relating to such section in the propriate State election official not less standing chapter 29 of title 18 (including sec- table of sections at the beginning of chapter than 30 days before the first election for Fed- tions 592 and 593 of such title), the Secretary 159 of such title is amended to read as fol- eral office occurring during the year.’’. of a military department may make a build- lows: SEC. 577. ELECTRONIC VOTING DEMONSTRATION ing located on a military installation under PROJECT. the jurisdiction of the Secretary available ‘‘2670. Buildings on military installations: (a) ESTABLISHMENT OF DEMONSTRATION for use by individuals who reside on that use by American National Red PROJECT.— military installation as a polling place in Cross and as polling places in (1) IN GENERAL.—Subject to paragraph (2), any Federal, State, or local election for pub- Federal, State, and local elec- the Secretary of Defense shall carry out a lic office. tions.’’. demonstration project under which absent ‘‘(2) Once a military installation is made SEC. 580. MAXIMIZATION OF ACCESS OF RE- uniformed services voters (as defined in sec- available as the site of a polling place with CENTLY SEPARATED UNIFORMED tion 107(1) of the Uniformed and Overseas respect to a Federal, State, or local election SERVICES VOTERS TO THE POLLS. Citizens Absentee Voting Act (42 U.S.C. for public office, the Secretary shall con- (a) IN GENERAL.—For purposes of voting in 1973ff–6(1))) are permitted to cast ballots in tinue to make the site available for subse- any primary, special, general, or runoff elec- the regularly scheduled general election for quent elections for public office unless the tion for Federal office (as defined in section Federal office for November 2002, through an Secretary provides to Congress advance no- 301 of the Federal Election Campaign Act of electronic voting system. tice in a reasonable and timely manner of 1971 (2 U.S.C. 431)), each State shall, with re- (2) AUTHORITY TO DELAY IMPLEMENTATION.— the reasons why the site will no longer be spect to any recently separated uniformed If the Secretary of Defense determines that made available as a polling place. services voter requesting to vote in the the implementation of the demonstration ‘‘(3) In this section, the term ‘military in- State— project under paragraph (1) with respect to stallation’ has the meaning given the term (1) deem the voter to be a resident of the the regularly scheduled general election for in section 2687(e) of this title.’’. State; Federal office for November 2002 may ad- (b) USE OF RESERVE COMPONENT FACILI- (2) waive any requirement relating to any versely affect the national security of the TIES.—(1) Section 18235 of title 10, United period of residence or domicile in the State United States, the Secretary may delay the States Code, is amended by adding at the end for purposes of registering to vote or voting implementation of such demonstration the following new subsection: in that State; project until the regularly scheduled general ‘‘(c) Pursuant to a lease or other agree- (3) accept and process, with respect to any election for Federal office for November 2004 ment under subsection (a)(2), the Secretary primary, special, general, or runoff election, (b) COORDINATION WITH STATE ELECTION OF- may make a facility covered by subsection any otherwise valid voter registration appli- FICIALS.—To the greatest extent practicable, (a) available for use as a polling place in any cation from the voter on the day of the elec- the Secretary of Defense shall carry out the Federal, State, or local election for public tion; and demonstration project under this section office notwithstanding chapter 29 of title 18 (4) permit the voter to vote in that elec- through cooperative agreements with State (including sections 592 and 593 of such title). tion. election officials. Once a facility is made available as the site (b) DEFINITIONS.—In this section:

VerDate 11-MAY-2000 04:17 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.063 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9993 (1) The term ‘‘State’’ means a State of the (1) a member of a uniformed service (as de- and vote by absentee ballot in general, spe- United States, the District of Columbia, the fined in section 101(a)(5) of title 10, United cial, primary, and runoff elections for State Commonwealth of Puerto Rico, or a terri- States Code) in active service; and local offices; and tory or possession of the United States. (2) a member of the merchant marine (as ‘‘(2) accept and process, with respect to (2) The term ‘‘recently separated uni- defined in section 107 of the Uniformed and any election described in paragraph (1), any formed services voter’’ means any individual Overseas Citizens Absentee Voting Act (42 otherwise valid voter registration applica- that was a uniformed services voter (as de- U.S.C. 1973ff–6)); and tion from an absent uniformed services voter fined in section 571(b)) on the date that is 60 (3) a spouse or dependent of a member re- if the application is received by the appro- days before the date on which the individual ferred to in subparagraph (A) or (B) who is priate State election official not less than 30 seeks to vote and who— qualified to vote. days before the date of the election.’’. (A) presents to the election official Depart- SEC. 572. STANDARD FOR INVALIDATION OF BAL- (b) CONFORMING AMENDMENT.—The heading ment of Defense form 214 evidencing their LOTS CAST BY ABSENT UNIFORMED for title I of such Act is amended by striking former status as such a voter, or any other SERVICES VOTERS IN FEDERAL ‘‘FOR FEDERAL OFFICE’’. official proof of such status; ELECTIONS. SEC. 575. USE OF SINGLE APPLICATION AS A SI- (B) is no longer such a voter; and (a) IN GENERAL.—Section 102 of the Uni- MULTANEOUS ABSENTEE VOTER (C) is otherwise qualified to vote. formed and Overseas Citizens Absentee Vot- REGISTRATION APPLICATION AND ABSENTEE BALLOT APPLICATION. SEC. 580A. GOVERNORS’ REPORTS ON IMPLEMEN- ing Act (42 U.S.C. 1973ff–1) is amended— TATION OF FEDERAL VOTING AS- (1) by striking ‘‘Each State’’ and inserting Subsection (a) of section 102 of the Uni- SISTANCE PROGRAM RECOMMENDA- ‘‘(a) IN GENERAL.—Each State’’; and formed and Overseas Citizens Absentee Vot- TIONS. (2) by adding at the end the following: ing Act (42 U.S.C. 1973ff–1), as redesignated (a) REPORTS.—Not later than 90 days after ‘‘(c) STANDARDS FOR INVALIDATION OF CER- by section 572(a)(1), is amended— the date on which a State receives a legisla- TAIN BALLOTS.— (1) by striking ‘‘and’’ at the end of para- tive recommendation, the State shall submit ‘‘(1) IN GENERAL.—A State may not refuse graph (2); a report on the status of the implementation to count a ballot submitted in an election for (2) by striking the period at the end of of that recommendation to the Presidential Federal office by an absent uniformed serv- paragraph (3) and inserting a semicolon; and designee and to each Member of Congress ices voter solely— (3) by inserting after paragraph (3) the fol- that represents that State. ‘‘(A) on the grounds that the ballot— lowing new paragraph (4): (b) PERIOD OF APPLICABILITY.—This section ‘‘(i) lacked a witness signature, an address, ‘‘(4) accept and process the official post applies with respect to legislative rec- or a postmark; or card form (prescribed under section 101) as a ommendations received by States during the ‘‘(ii) did not display the proper postmark; simultaneous absentee voter registration ap- period beginning on the date of enactment of or plication and absentee ballot application; this Act and ending three years after such ‘‘(B) on the basis of a comparison of signa- and’’. date. tures on ballots, envelopes, or registration SEC. 576. USE OF SINGLE APPLICATION FOR AB- (c) DEFINITIONS.—In this section: forms. SENTEE BALLOTS FOR ALL FEDERAL (1) The term ‘‘legislative recommendation’’ ‘‘(2) NO EFFECT ON FILING DEADLINES UNDER ELECTIONS. means a recommendation of the Presidential STATE LAW.—Nothing in this subsection may Subsection (a) of section 102 of the Uni- designee suggesting a modification in the be construed to affect the application to bal- formed and Overseas Citizens Absentee Vot- laws of a State for the purpose of maxi- lots submitted by absent uniformed services ing Act (42 U.S.C. 1973ff–1), as amended by mizing the access to the polls of absent uni- voters of any ballot submission deadline ap- section 575, is further amended by inserting formed services voters and overseas voters, plicable under State law.’’. after paragraph (4) the following new para- including each recommendation made under (b) EFFECTIVE DATE.—The amendments graph (5): section 104 of the Uniformed and Overseas made by subsection (a) shall apply with re- ‘‘(5) accept and process, with respect to all Citizens Absentee Voting Act (42 U.S.C. spect to ballots described in section 102(c) of general, special, primary, and runoff elec- 1973ff–3). the Uniformed and Overseas Citizens Absen- tions for Federal office occurring during a (2) The term ‘‘Presidential designee’’ tee Voting Act (as added by such subsection) year, any otherwise valid absentee ballot ap- means the head of the executive department that are submitted with respect to elections plication from an absent uniformed services designated under section 101 of the Uni- that occur after the date of enactment of voter or overseas voter if a single application formed and Overseas Citizens Absentee Vot- this Act. for any such election is received by the ap- ing Act (42 U.S.C. 1973ff). SEC. 573. GUARANTEE OF RESIDENCY FOR MILI- propriate State election official not less than 30 days before the first election for Fed- SA 1755. Mr. ALLARD submitted an TARY PERSONNEL. Article VII of the Soldiers’ and Sailors’ eral office occurring during the year.’’. amendment intended to be proposed by Civil Relief Act of 1940 (50 U.S.C. App. 590 et SEC. 577. ELECTRONIC VOTING DEMONSTRATION him to the bill S. 1438, to authorize ap- seq.) is amended by adding at the end the fol- PROJECT. propriations for fiscal year 2002 for lowing: (a) ESTABLISHMENT OF DEMONSTRATION military activities of the Department ‘‘SEC. 704. (a) For purposes of voting for PROJECT.— of Defense, for military constructions, any Federal office (as defined in section 301 (1) IN GENERAL.—Subject to paragraph (2), and for defense activities of the De- of the Federal Election Campaign Act of 1971 the Secretary of Defense shall carry out a partment of Energy, to prescribe per- (2 U.S.C. 431)) or a State or local office, a demonstration project under which absent person who is absent from a State in compli- uniformed services voters (as defined in sec- sonnel strengths for such fiscal year tion 107(1) of the Uniformed and Overseas for the Armed Forces, and for other ance with military or naval orders shall not, solely by reason of that absence— Citizens Absentee Voting Act (42 U.S.C. purposes; which was ordered to lie on ‘‘(1) be deemed to have lost a residence or 1973ff–6(1))) are permitted to cast ballots in the table; as follows: domicile in that State, without regard to the regularly scheduled general election for On page 147, beginning with line 13 strike whether or not the person intends to return Federal office for November 2002, through an through page 154, line 16 and insert the fol- to that State; electronic voting system. lowing: ‘‘(2) be deemed to have acquired a resi- (2) AUTHORITY TO DELAY IMPLEMENTATION.— Subtitle F—Uniformed Services Overseas dence or domicile in any other State; or If the Secretary of Defense determines that Voting ‘‘(3) be deemed to have become a resident the implementation of the demonstration SEC. 571. SENSE OF THE SENATE REGARDING in or a resident of any other State. project under paragraph (1) with respect to THE IMPORTANCE OF VOTING BY ‘‘(b) In this section, the term ‘State’ in- the regularly scheduled general election for MEMBERS OF THE UNIFORMED cludes a territory or possession of the United Federal office for November 2002 may ad- SERVICES. States, a political subdivision of a State, ter- versely affect the national security of the (a) SENSE OF THE SENATE.—It is the sense ritory, or possession, and the District of Co- United States, the Secretary may delay the of the Senate that each administrator of a lumbia.’’. implementation of such demonstration Federal, State, or local election should— SEC. 574. EXTENSION OF REGISTRATION AND project until the regularly scheduled general (1) be aware of the importance of the abil- BALLOTING RIGHTS FOR ABSENT election for Federal office for November 2004 ity of each uniformed services voter to exer- UNIFORMED SERVICES VOTERS TO (b) COORDINATION WITH STATE ELECTION OF- cise their right to vote; and STATE AND LOCAL ELECTIONS. FICIALS.—To the greatest extent practicable, (2) perform their duties with the intent to (a) IN GENERAL.—Section 102 of the Uni- the Secretary of Defense shall carry out the ensure that— formed and Overseas Citizens Absentee Vot- demonstration project under this section (A) each uniformed services voter receives ing Act (42 U.S.C. 1973ff–1), as amended by through cooperative agreements with State the utmost consideration and cooperation section 572(a)(1), is further amended by in- election officials. when voting; and serting after subsection (a) the following new (c) REPORT TO CONGRESS.—Not later than (B) each valid ballot cast by such a voter is subsection: June 1, 2003, the Secretary of Defense shall duly counted. ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- submit a report to Congress analyzing the (b) UNIFORMED SERVICES VOTER DEFINED.— FICES.—Each State shall— demonstration project conducted under this In this section, the term ‘‘uniformed services ‘‘(1) permit absent uniformed services vot- section, and shall include in the report any voter’’ means— ers to use absentee registration procedures recommendations the Secretary of Defense

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.063 pfrm02 PsN: S01PT1 S9994 CONGRESSIONAL RECORD — SENATE October 1, 2001 considers appropriate for continuing the ommendations received by States during the other countries to prevent the export or project on an expanded basis during the next period beginning on the date of enactment of transfer of Key List technologies to the Peo- regularly scheduled general election for Fed- this Act and ending three years after such ple’s Republic of China. eral office. date. SEC. 578. FEDERAL VOTING ASSISTANCE PRO- (c) DEFINITIONS.—In this section: SA 1757. Mrs. HUTCHISON submitted GRAM. (1) The term ‘‘legislative recommendation’’ an amendment intended to be proposed (a) IN GENERAL.—The Secretary of Defense means a recommendation of the Presidential by her to the bill S. 1438, to authorize shall promulgate regulations to require each designee suggesting a modification in the appropriations for fiscal year 2002 for of the Armed Forces to ensure their compli- laws of a State for the purpose of maxi- military activities of the Department ance with any directives issued by the Sec- mizing the access to the polls of absent uni- of Defense, for military constructions, retary of Defense in implementing the Fed- formed services voters and overseas voters, eral Voting Assistance Program (referred to and for defense activities of the De- including each recommendation made under partment of Energy, to prescribe per- in this section as the ‘‘Program’’) or any section 104 of the Uniformed and Overseas similar program. Citizens Absentee Voting Act (42 U.S.C. sonnel strengths for such fiscal year (b) REVIEW AND REPORT.—(1) The Inspector 1973ff–3). for the Armed Forces, and for other General of each of the Armed Forces shall— (2) The term ‘‘Presidential designee’’ purposes; which was ordered to lie on (A) conduct an annual review of the effec- means the head of the executive department the table; as follows: tiveness of the Program or any similar pro- designated under section 101 of the Uni- gram; Strike sections 2901, 2902, and 2903 and in- formed and Overseas Citizens Absentee Vot- sert the following: (B) conduct an annual review of the com- ing Act (42 U.S.C. 1973ff). pliance with the Program or any similar pro- SEC. 2901. AUTHORITY TO CARRY OUT BASE CLO- SURE ROUND IN 2005. gram of the branch; and SA 1756. Mr. KYL submitted an (a) COMMISSION MATTERS.— (C) submit an annual report to the Inspec- (1) APPOINTMENT.—Section 2902(c)(1) of the tor General of the Department of Defense on amendment intended to be proposed by Defense Base Closure and Realignment Act the results of the reviews under subpara- him to the bill S. 1438, to authorize ap- of 1990 (part A of title XXIX of Public Law graphs (A) and (B). propriations for fiscal year 2002 for (2) Not later than March 31, 2003, and annu- military activities of the Department 101–510; 10 U.S.C. 2687 note) is amended— (A) in subparagraph (B)— ally thereafter, the Inspector General of the of Defense, for military constructions, Department of Defense shall submit a report (i) by striking ‘‘and’’ at the end of clause and for defense activities of the De- (ii); to Congress on— partment of Energy, to prescribe per- (A) the effectiveness of the Program or any (ii) by striking the period at the end of similar program; and sonnel strengths for such fiscal year clause (iii) and inserting ‘‘; and’’; and (B) the level of compliance with the Pro- for the Armed Forces, and for other (iii) by adding at the end the following new gram or any similar program of the branches purposes; which was ordered to lie on clause: of the Armed Forces. the table; as follows: ‘‘(iv) by no later than January 24, 2005, in the case of members of the Commission SEC. 579. MAXIMIZATION OF ACCESS OF RE- At the end of subtitle B of title XII, add whose terms will expire at the end of the CENTLY SEPARATED UNIFORMED the following: SERVICES VOTERS TO THE POLLS. first session of the 109th Congress.’’; and SEC. 1217. DEVELOPMENT AND IMPLEMENTA- (a) IN GENERAL.—For purposes of voting in (B) in subparagraph (C), by striking ‘‘or for TION OF KEY LIST OF TECHNOLOGY 1995 in clause (iii) of such subparagraph’’ and any primary, special, general, or runoff elec- TO STRENGTHEN EXPORT CON- tion for Federal office (as defined in section TROLS. inserting ‘‘, for 1995 in clause (iii) of that 301 of the Federal Election Campaign Act of (a) IN GENERAL.—Notwithstanding any subparagraph, or for 2005 in clause (iv) of 1971 (2 U.S.C. 431)), each State shall, with re- other provision of law, not later than 90 days that subparagraph’’. spect to any recently separated uniformed after the date of the enactment of this Act, (2) MEETINGS.—Section 2902(e) of that Act services voter requesting to vote in the the Secretary of Defense shall complete the is amended by striking ‘‘and 1995’’ and in- State— assessment described in subsection (b) which serting ‘‘1995, and 2005’’. (1) deem the voter to be a resident of the shall be the basis for the development of a (3) FUNDING.—Section 2902(k) of that Act is State; Key List of technology and for implementing amended by adding at the end the following (2) waive any requirement relating to any an export control program that is aimed at new paragraph (4): ‘‘(4) If no funds are appropriated to the period of residence or domicile in the State preventing attempts by the People’s Repub- Commission by the end of the second session for purposes of registering to vote or voting lic of China to acquire certain technology. of the 108th Congress for the activities of the in that State; (b) ASSESSMENT DESCRIBED.— Commission in 2005, the Secretary may (3) accept and process, with respect to any (1) IN GENERAL.—The Assessment per- transfer to the Commission for purposes of primary, special, general, or runoff election, formed by the Secretary of Defense shall in- its activities under this part in that year any otherwise valid voter registration appli- clude an assessment of— such funds as the Commission may require cation from the voter on the day of the elec- (A) efforts by the People’s Republic of to carry out such activities. The Secretary tion; and China to acquire certain technology; may transfer funds under the preceding sen- (4) permit the voter to vote in that elec- (B) how the military strategy of the Peo- tence from any funds available to the Sec- tion. ple’s Republic of China relates to its tech- (b) DEFINITIONS.—In this section: retary. Funds so transferred shall remain nology requirements; and (1) The term ‘‘State’’ means a State of the available to the Commission for such pur- (C) the impact the technology require- United States, the District of Columbia, the poses until expended.’’. ments and military strategy of the People’s Commonwealth of Puerto Rico, or a terri- (4) TERMINATION.—Section 2902(l) of that Republic of China have on the ability of the tory or possession of the United States. Act is amended by striking ‘‘December 31, United States to protect the Pacific area and (2) The term ‘‘recently separated uni- 1995’’ and inserting ‘‘December 31, 2005’’. the national interest of the United States formed services voter’’ means any individual (b) PROCEDURES.— and its allies. that was a uniformed services voter (as de- (1) FORCE-STRUCTURE PLAN.—Section (2) DEVELOPMENT OF KEY LIST OF TECH- fined in section 571(b)) on the date that is 60 2903(a) of that Act is amended— NOLOGY.—After performing the assessment days before the date on which the individual (A) by redesignating paragraphs (2) and (3) described in paragraph (1), the Secretary of seeks to vote and who— as paragraphs (3) and (4), respectively; Defense, in consultation with the Secretary, (A) presents to the election official Depart- (B) by inserting after paragraph (1) the fol- shall develop a Key List of technology aimed ment of Defense form 214 evidencing their lowing new paragraph (2): at safeguarding against attempts by the Peo- former status as such a voter, or any other ‘‘(2)(A) As part of the budget justification ple’s Republic of China to acquire items on official proof of such status; documents submitted to Congress in support the Key List and at protecting the national (B) is no longer such a voter; and of the budget for the Department of Defense security interest of the United States and its (C) is otherwise qualified to vote. for fiscal year 2005, the Secretary shall in- allies. clude a force-structure plan for the Armed SEC. 580. GOVERNORS’ REPORTS ON IMPLEMEN- (c) STRENGTHENING EXPORT CONTROLS.— TATION OF FEDERAL VOTING AS- Forces based on the probable threats to the SISTANCE PROGRAM RECOMMENDA- The Secretary shall strengthen export con- national security during the twenty-year pe- TIONS. trol processes and peer review to prevent the riod beginning with fiscal year 2005. (a) REPORTS.—Not later than 90 days after transfer of Key List technologies and shall ‘‘(B) The Secretary may revise the force- the date on which a State receives a legisla- coordinate all of the Department of Com- structure plan submitted under subpara- tive recommendation, the State shall submit merce’s export control measures with the graph (A). If the Secretary revises the force- a report on the status of the implementation Department of Defense, Department of structure plan, the Secretary shall submit of that recommendation to the Presidential State, Department of Energy, and the Cen- the revised force-structure plan to Congress designee and to each Member of Congress tral Intelligence Agency. as part of the budget justification documents that represents that State. (d) INTERNATIONAL COOPERATION.—The Sec- submitted to Congress in support of the (b) PERIOD OF APPLICABILITY.—This section retary of State shall implement an inter- budget for the Department of Defense for fis- applies with respect to legislative rec- national program to gain cooperation from cal year 2006.’’; and

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.073 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9995 (C) in paragraph (3), as redesignated by purpose, except that such funds may be sional defense committees a report con- subparagraph (A) of this paragraph— transferred only after the date on which the taining an accounting of— (i) in the matter preceding subparagraph Secretary transmits written notice of, and ‘‘(A) all the funds deposited into and ex- (A), by striking ‘‘Such plan’’ and inserting justification for, such transfer to the con- pended from the Account or otherwise ex- ‘‘Each force-structure plan under this sub- gressional defense committees; and pended under this part with respect to such section’’; and ‘‘(C) except as provided in subsection (d), installations; and (ii) in subparagraph (A), by striking ‘‘re- proceeds received from the lease, transfer, or ‘‘(B) any amount remaining in the Ac- ferred to in paragraph (1)’’ and inserting ‘‘on disposal of any property at a military instal- count. which such force-structure plan is based’’. lation that is closed or realigned under this ‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY (2) SELECTION CRITERIA.—Section 2903(b) of part pursuant to a closure or realignment STORES AND PROPERTY PURCHASED WITH NON- that Act is amended— the date of approval of which is after Sep- APPROPRIATED FUNDS.—(1) If any real prop- (A) in paragraph (1), by inserting ‘‘and by tember 30, 2005. erty or facility acquired, constructed, or im- no later than December 31, 2003, for purposes ‘‘(3) The Account shall be closed at the proved (in whole or in part) with commissary of activities of the Commission under this time and in the manner provided for appro- store funds or nonappropriated funds is part in 2005,’’ after ‘‘December 31, 1990,’’; and priation accounts under section 1555 of title transferred or disposed of in connection with (B) in paragraph (2)(A)— 31, United States Code. Unobligated funds the closure or realignment of a military in- (i) in the first sentence, by inserting ‘‘and which remain in the Account upon closure stallation under this part the date of ap- by no later than February 15, 2004, for pur- shall be held by the Secretary of the Treas- proval of closure or realignment of which is poses of activities of the Commission under ury until transferred by law after the con- after September 30, 2005, a portion of the pro- this part in 2005,’’ after ‘‘February 15, 1991,’’; gressional defense committees receive the ceeds of the transfer or other disposal of and final report transmitted under subsection property on that installation shall be depos- (ii) in the second sentence, by inserting ‘‘, (c)(2). ited in the reserve account established under or enacted on or before March 31, 2004, in the ‘‘(b) USE OF FUNDS.—(1) The Secretary may section 204(b)(7)(C) of the Defense Authoriza- case of criteria published and transmitted use the funds in the Account only for the tion Amendments and Base Closure and Re- under the preceding sentence in 2004’’ after purposes described in section 2905 with re- alignment Act (10 U.S.C. 2687 note). ‘‘March 15, 1991’’. spect to military installations the date of ‘‘(2) The amount so deposited shall be (3) DEPARTMENT OF DEFENSE RECOMMENDA- approval of closure or realignment of which equal to the depreciated value of the invest- TIONS.—Section 2903(c)(1) of that Act is is after September 30, 2005. ment made with such funds in the acquisi- ‘‘(2) When a decision is made to use funds amended by striking ‘‘and March 1, 1995’’ and tion, construction, or improvement of that in the Account to carry out a construction inserting ‘‘March 1, 1995, and March 14, 2005’’. particular real property or facility. The de- project under section 2905(a) and the cost of (4) COMMISSION REVIEW AND RECOMMENDA- preciated value of the investment shall be the project will exceed the maximum TIONS.—Section 2903(d) of that Act is computed in accordance with regulations amount authorized by law for a minor mili- amended— prescribed by the Secretary of Defense. tary construction project, the Secretary ‘‘(3) The Secretary may use amounts in the (A) in paragraph (2)(A), by inserting ‘‘or by shall notify in writing the congressional de- account (in such an aggregate amount as is no later than July 7 in the case of rec- fense committees of the nature of, and jus- provided in advance in appropriation Acts) ommendations in 2005,’’ after ‘‘pursuant to tification for, the project and the amount of for the purpose of acquiring, constructing, subsection (c),’’; expenditures for such project. Any such con- and improving— (B) in paragraph (4), by inserting ‘‘or after struction project may be carried out without ‘‘(A) commissary stores; and July 7 in the case of recommendations in regard to section 2802(a) of title 10, United ‘‘(B) real property and facilities for non- 2005,’’ after ‘‘under this subsection,’’; and States Code. appropriated fund instrumentalities. (C) in paragraph (5)(B), by inserting ‘‘or by ‘‘(c) REPORTS.—(1)(A) No later than 60 days ‘‘(4) In this subsection, the terms ‘com- no later than May 1 in the case of such rec- after the end of each fiscal year in which the missary store funds’, ‘nonappropriated ommendations in 2005,’’ after ‘‘such rec- Secretary carries out activities under this funds’, and ‘nonappropriated fund instrumen- ommendations,’’. part using amounts in the Account, the Sec- tality’ shall have the meaning given those (5) REVIEW BY PRESIDENT.—Section 2903(e) retary shall transmit a report to the con- terms in section 2906(d)(4). of that Act is amended— gressional defense committees of the amount ‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS (A) in paragraph (1), by inserting ‘‘or by no and nature of the deposits into, and the ex- FOR ENVIRONMENTAL RESTORATION later than July 22 in the case of rec- penditures from, the Account during such PROJECTS.—Except as provided in section ommendations in 2005,’’ after ‘‘under sub- fiscal year and of the amount and nature of 2906(e) with respect to funds in the Depart- section (d),’’; other expenditures made pursuant to section ment of Defense Base Closure Account 1990 (B) in the second sentence of paragraph (3), 2905(a) during such fiscal year. under section 2906 and except for funds de- by inserting ‘‘or by no later than August 18 ‘‘(B) The report for a fiscal year shall in- posited into the Account under subsection in the case of 2005,’’ after ‘‘the year con- clude the following: (a), funds appropriated to the Department of cerned,’’; and ‘‘(i) The obligations and expenditures from Defense may not be used for purposes de- (C) in paragraph (5), by inserting ‘‘or by the Account during the fiscal year, identified scribed in section 2905(a)(1)(C). The prohibi- September 3 in the case of recommendations by subaccount, for each military department tion in this subsection shall expire upon the in 2005,’’ after ‘‘under this part,’’. and Defense Agency. closure of the Account under subsection (c) RELATIONSHIP TO OTHER BASE CLOSURE ‘‘(ii) The fiscal year in which appropria- (a)(3).’’. AUTHORITY.—Section 2909(a) of that Act is tions for such expenditures were made and (b) CONFORMING AMENDMENTS.—Section amended by striking ‘‘December 31, 1995,’’ the fiscal year in which funds were obligated 2906 of that Act is amended— and inserting ‘‘December 31, 2005, or a later for such expenditures. (1) in subsection (a)(2)(C), by inserting ‘‘the date specified by the President under section ‘‘(iii) Each military construction project date of approval of closure or realignment of 2903A(b)(2) if a deadline under section 2902 or for which such obligations and expenditures which is before September 30, 2005’’ after 2903 is postponed by the President under sec- were made, identified by installation and ‘‘under this part’’; tion 2903A(a),’’. project title. (2) in subsection (b)(1), by inserting ‘‘with SEC. 2902. BASE CLOSURE ACCOUNT 2005. ‘‘(iv) A description and explanation of the respect to military installations the date of (a) ESTABLISHMENT.—The Defense Base Clo- extent, if any, to which expenditures for approval of closure or realignment of which sure and Realignment Act of 1990 (part A of military construction projects for the fiscal is before September 30, 2005,’’ after ‘‘section title XXIX of Public Law 101–510; 10 U.S.C. year differed from proposals for projects and 2905’’; 2687 note) is amended by inserting after sec- funding levels that were included in the jus- (3) in subsection (c)(2)— tion 2906 the following new section: tification transmitted to Congress under sec- (A) in the matter preceding subparagraph ‘‘SEC. 2906A. BASE CLOSURE ACCOUNT 2005. tion 2907(1), or otherwise, for the funding (A), by inserting ‘‘with respect to military ‘‘(a) IN GENERAL.—(1) There is hereby es- proposals for the Account for such fiscal installations the date of approval of closure tablished on the books of the Treasury an ac- year, including an explanation of— or realignment of which is before September count to be known as the ‘Department of De- ‘‘(I) any failure to carry out military con- 30, 2005,’’ after ‘‘under this part’’; and fense Base Closure Account 2005’ (in this sec- struction projects that were so proposed; and (B) in subparagraph (A), by inserting ‘‘with tion referred to as the ‘Account’). The Ac- ‘‘(II) any expenditures for military con- respect to such installations’’ after ‘‘under count shall be administered by the Secretary struction projects that were not so proposed. this part’’; as a single account. ‘‘(2) No later than 60 days after the termi- (4) in subsection (d)(1), by inserting ‘‘the ‘‘(2) There shall be deposited into the nation of the authority of the Secretary to date of approval of closure or realignment of Account— carry out a closure or realignment under which is before September 30, 2005’’ after ‘‘(A) funds authorized for and appropriated this part with respect to military installa- ‘‘under this part’’; and to the Account; tions the date of approval of closure or re- (5) in subsection (e), by striking ‘‘Except ‘‘(B) any funds that the Secretary may, alignment of which is after September 30, for’’ and inserting ‘‘Except as provided in subject to approval in an appropriation Act, 2005, and no later than 60 days after the clo- section 2906A(e) with respect to funds in the transfer to the Account from funds appro- sure of the Account under subsection (a)(3), Department of Defense Base Closure Account priated to the Department of Defense for any the Secretary shall transmit to the congres- 2001 under section 2906A and except for’’.

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.075 pfrm02 PsN: S01PT1 S9996 CONGRESSIONAL RECORD — SENATE October 1, 2001

(c) CLERICAL AMENDMENT.—The section sult of the consideration of any notice de- not include municipal services that the heading of section 2906 of that Act is amend- scribed in subparagraph (A) that is received State or local government concerned is re- ed to read as follows: with respect to an installation covered by quired by law to provide without direct ‘‘SEC. 2906. BASE CLOSURE ACCOUNT 1990.’’. such recommendations. The statement shall charge to landowners, or firefighting or secu- SEC. 2903. ADDITIONAL MODIFICATIONS OF BASE set forth the reasons for the result.’’; and rity-guard functions.’’. CLOSURE AUTHORITIES. (5) in paragraph (8), as so redesignated— (2) TRANSFERS IN CONNECTION WITH PAYMENT (a) INCREASE IN MEMBERS OF COMMISSION.— (A) in the first sentence, by striking ‘‘para- OF ENVIRONMENTAL REMEDIATION.—Section Section 2902(c)(1)(A) of the Defense Base Clo- graph (5)(B)’’ and inserting ‘‘paragraph 2905(e) of that Act is amended— sure and Realignment Act of 1990 (part A of (7)(B)’’; and (A) in paragraph (1)(B), by adding at the title XXIX of Public Law 101–510; 10 U.S.C. (B) in the second sentence, by striking ‘‘24 end the following new sentence: ‘‘The real 2867 note) is amended by striking ‘‘eight hours’’ and inserting ‘‘48 hours’’. property and facilities referred to in sub- members’’ and inserting ‘‘nine members’’. (d) COMMISSION CHANGES IN RECOMMENDA- paragraph (A) are also the real property and (b) SELECTION CRITERIA.—Section 2903(b) of TIONS OF SECRETARY.—Section 2903(d)(2) of facilities located at an installation approved that Act is amended by adding at the end the that Act is amended— for closure or realignment under this part following new paragraphs: (1) in subparagraph (B), by striking ‘‘if’’ after 2001 that are available for purposes ‘‘(3) The selection criteria shall ensure and inserting ‘‘only if’’; other than to assist the homeless.’’; that military value is the primary consider- (2) in subparagraph (C)— (B) in paragraph (2)(A), by striking ‘‘to be ation in the making of recommendations for (A) in clause (iii), by striking ‘‘and’’ at the paid by the recipient of the property or fa- the closure or realignment of military in- end; cilities’’ and inserting ‘‘otherwise to be paid stallations under this part. (B) in clause (iv), by striking the period at by the Secretary with respect to the prop- ‘‘(4) Any selection criteria proposed by the the end and inserting ‘‘; and’’; and erty or facilities’’; Secretary relating to the cost savings or re- (C) by adding at the end the following new (C) by striking paragraph (6); turn on investment from the proposed clo- clause: (D) by redesignating paragraphs (3), (4), sure or realignment of a military installa- ‘‘(v) invites the Secretary to testify at a and (5) as paragraphs (4), (5), (6), respec- tion shall take into account the effect of the public hearing, or a closed hearing if classi- tively; and proposed closure or realignment on the costs fied information is involved, on the proposed (E) by inserting after paragraph (2) the fol- of any other Federal agency that may be re- change.’’; lowing new paragraph (3): quired to assume responsibility for activities (3) by redesignating subparagraph (E) as ‘‘(3) In the case of property or facilities at the military installation.’’. subparagraph (F); and covered by a certification under paragraph (c) DEPARTMENT OF DEFENSE RECOMMENDA- (4) by inserting after subparagraph (D) the (2)(A), the Secretary may pay the recipient TIONS TO COMMISSION.—Section 2903(c) of that following new subparagraph (E): of such property or facilities an amount Act is amended— ‘‘(E) In the case of a change not described equal to the lesser of— (1) by redesignating paragraphs (1), (2), (3), in subparagraph (D) in the recommendations ‘‘(A) the amount by which the costs in- (4), (5), and (6) as paragraphs (2), (3), (4), (6), made by the Secretary, the Commission may curred by the recipient of such property or (7), and (8), respectively; make the change only if the Commission— facilities for all environmental restoration, (2) by inserting before paragraph (2), as so ‘‘(i) makes the determination required by waste, management, and environmental redesignated, by the following new para- subparagraph (B); compliance activities with respect to such graph (1): ‘‘(ii) determines that the change is con- property or facilities exceed the fair market ‘‘(1) The Secretary shall carry out a com- sistent with the force-structure plan and value of such property or facilities as speci- prehensive review of the military installa- final criteria referred to in subsection (c)(1); fied in such certification; or tions of the Department of Defense inside and ‘‘(B) the amount by which the costs (as de- the United States based on the force-struc- ‘‘(iii) invites the Secretary to testify at a termined by the Secretary) that would oth- ture plan submitted under subsection (a)(2), public hearing, or a closed hearing if classi- erwise have been incurred by the Secretary and the final criteria transmitted under sub- fied information is involved, on the proposed for such restoration, management, and ac- section (b)(2), in 2004. The review shall cover change.’’. tivities with respect to such property or fa- every type of facility or other infrastructure (e) PRIVATIZATION IN PLACE.—Section cilities exceed the fair market value of such operated by the Department of Defense.’’; 2904(a) of that Act is amended— property or facilities as so specified.’’. (3) in paragraph (4), as so redesignated— (1) by redesignating paragraphs (3) and (4) (3) SCOPE OF INDEMNIFICATION OF TRANS- (A) by redesignating subparagraphs (B) and as paragraphs (4) and (5), respectively; and FEREES IN CONNECTION WITH PAYMENT OF ENVI- (C) as subparagraphs (C) and (D), respec- (2) by inserting after paragraph (2) the fol- RONMENTAL REMEDIATION.—Paragraph (6) of tively; lowing new paragraph (3): section 2905(e) of that Act, as redesignated (B) by inserting after subparagraph (A) the ‘‘(3) carry out the privatization in place of by paragraph (1) of this subsection, is further following new subparagraph (B): a military installation recommended for clo- amended by inserting before the period the ‘‘(B) In considering military installations sure or realignment by the Commission in following: ‘‘, except in the case of releases or for closure or realignment under this part in each such report after 2001 only if privatiza- threatened releases not disclosed pursuant to any year after 2001, the Secretary shall con- tion in place is a method of closure or re- paragraph (4)’’. sider the anticipated continuing need for and alignment of the installation specified in the availability of military installations world- recommendation of the Commission in such SA 1758. Mr. STEVENS (for himself wide. In evaluating the need for military in- report and is determined by the Commission and Mr. INOUYE) submitted an amend- stallations inside the United States, the Sec- to be the most-cost effective method of im- ment intended to be proposed by him retary shall take into account current re- plementation of the recommendation;’’. to the bill S. 1438, to authorize appro- strictions on the use of military installa- (f) IMPLEMENTATION.— priations for fiscal year 2002 for mili- tions outside the United States and the po- (1) PAYMENT FOR CERTAIN SERVICES FOR tential for future prohibitions or restrictions PROPERTY LEASED BACK BY THE UNITED tary activities of the Department of on the use of such military installations.’’; STATES.—Section 2905(b)(4)(E) of that Act is Defense, for military constructions, and amended— and for defense activities of the De- (C) in subparagraph (D), as so redesignated, (1) in clause (iii), by striking ‘‘A lease’’ and partment of Energy, to prescribe per- by striking ‘‘subparagraph (B)’’ and inserting inserting ‘‘Except as provided in clause (v), a sonnel strengths for such fiscal year ‘‘subparagraph (C)’’; lease’’; and for the Armed Forces, and for other (4) by inserting after paragraph (4), as so (2) by adding at the end the following new purposes; which was ordered to lie on redesignated, the following new paragraph clause (v): (5): ‘‘(v)(I) Notwithstanding clause (iii), a lease the table; as follows: ‘‘(5)(A) In making recommendations to the under clause (i) may require the United On page 33, line 4, strike ‘‘$190,255,000’’ and Commission under this subsection in any States to pay the redevelopment authority insert ‘‘$230,255,000’’. year after 2001, the Secretary shall consider concerned, or the assignee of the redevelop- Mr. STEVENS submitted an any notice received from a local government ment authority, for facility services and SA 1759. in the vicinity of a military installation that common area maintenance provided for the amendment intended to be proposed by the government would approve of the closure leased property by the redevelopment au- him to the bill S. 1438, to authorize ap- or realignment of the installation. thority or assignee, as the case may be. propriations for fiscal year 2002 for ‘‘(B) Notwithstanding the requirement in ‘‘(II) The rate charged the United States military activities of the Department subparagraph (A), the Secretary shall make for services and maintenance provided by a of Defense, for military constructions, the recommendations referred to in that sub- redevelopment authority or assignee under and for defense activities of the De- paragraph based on the force-structure plan subclause (I) may not exceed the rate partment of Energy, to prescribe per- and final criteria otherwise applicable to charged non-Federal tenants leasing prop- sonnel strengths for such fiscal year such recommendations under this section. erty at the installation for such services and ‘‘(C) The recommendations made by the maintenance. for the Armed Forces, and for other Secretary under this subsection in any year ‘‘(III) For purposes of this clause, facility purposes; which was ordered to lie on after 2001 shall include a statement of the re- services and common area maintenance shall the table; as follows:

VerDate 11-MAY-2000 03:01 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.075 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9997 Insert at the appropriate place in the bill At the end of subtitle C of title X, add the by her to the bill S. 1438, to authorize the following new item: following: appropriations for fiscal year 2002 for The Secretary of the Navy may sell to a SEC. 1027. DEPARTMENT OF DEFENSE REPORT military activities of the Department person outside the Department of Defense ar- TO FEDERAL TRADE COMMISSION of Defense, for military constructions, ticles and services provided by the Naval ON ANTITRUST IMPLICATIONS OF Magazine, Indian Island facility that are not MERGER INVOLVING NATIONAL and for defense activities of the De- available from any United States commer- SMOKELESS NITROCELLULOSE IN- partment of Energy, to prescribe per- cial source; Provided, That a sale pursuant to DUSTRY. sonnel strengths for such fiscal year this section shall conform to the require- Not later than 30 days after the date of the for the Armed Forces, and for other ments of 10 U.S.C. section 2563 (c) and (d); enactment of this Act, the Department of purposes, which was ordered to lie on and Provided further, That the proceeds from Defense shall submit to the Federal Trade the table, as follows: Commission the views of the Department on the sales of articles and services under this At the end of subtitle C of title 10, add the section shall be credited to operation and the antitrust implications for the national smokeless nitrocellulose industry of a joint- following: maintenance funds of the Navy, that are cur- SEC. 1027. QUADRENNIAL QUALITY OF LIFE RE- rent when the proceeds are received. venture involving a national smokeless ni- trocellulose producer. VIEW. (a) REQUIREMENT FOR REVIEW.—Chapter 2 SA 1760. Mr. REID (for himself, Mr. SA 1763. Mr. TORRICELLI (for him- of title 10, United States Code, is amended by HUTCHINSON, Mr. DASCHLE, Mr. BIDEN, inserting after section 118 the following new self, Mr. CARPER, and Mr. CORZINE) sub- Mr. BREAUX, Mr. HATCH, Mr. JOHNSON, section: mitted an amendment intended to be Mr. EDWARDS, Mr. SPECTER, Mr. ‘‘§ 118a. Quadrennial quality of life review proposed by him to the bill S. 1438, to INOUYE, Mr. ROCKEFELLER, Ms. CANT- ‘‘(a) POLICY.—The quality of life needs of authorize appropriations for fiscal year WELL, Mrs. HUTCHISON, Mr. DURBIN, Ms. members of the armed forces shall be a pri- 2002 for military activities of the De- COLLINS, and Mr. DODD) submitted an mary concern of the Secretary of Defense. partment of Defense, for military con- ‘‘(b) REQUIREMENT FOR REVIEW.—(1) To de- amendment intended to be proposed by structions, and for defense activities of termine the quality of life needs of members him to the bill S. 1438, to authorize ap- the Department of Energy, to prescribe and to express the primacy of those needs as propriations for fiscal year 2002 for personnel strengths for such fiscal year a concern of the Department of Defense, the military activities of the Department Secretary of Defense shall every four years for the Armed Forces, and for other of Defense, for military constructions, conduct a comprehensive examination of mo- purposes; which was ordered to lie on and for defense activities of the De- rale, welfare, and recreation activities of the the table; as follows: Department of Defense that affect the lives partment of Energy, to prescribe per- of members of the armed forces. The review sonnel strengths for such fiscal year At the end of subtitle E of title X, add the following: shall be known as the ‘quadrennial quality of for the Armed Forces, and for other life review’. SEC. 1066. SENSE OF SENATE ON DEPARTMENT ‘‘(2) The review shall be conducted two purposes; which was ordered to lie on OF DEFENSE REGARDING ANTI- the table; as follows: TRUST IMPLICATIONS OF JOINT years after the quadrennial defense review is Beginning on page 207, strike line 18 and VENTURE TO PRODUCE PROPEL- conducted under section 118 of this title. ‘‘(3) The Secretary shall conduct the re- all that follows through page 209, line 12, and LANT AND PROPELLANT PRODUCTS. (a) FINDING.—The Senate finds that the view in consultation with the Chairman of insert the following: the Joint Chiefs of Staff. (d) EFFECTIVE DATE.—(1) The amendments Federal Trade Commission has met with De- partment of Defense personnel regarding the ‘‘(c) CONSIDERATIONS.—In conducting the made by this section shall take effect on Oc- review, the Secretary shall consider the tober 1, 2002. potential antitrust implications of a joint venture to produce propellant and propellant quality of life priorities and issues relating (2) No benefits may be paid to any person to the following matters: products. by reason of section 1414 of title 10, United ‘‘(1) Infrastructure. States Code, as added by the amendment (b) SENSE OF SENATE.—It is the sense of the Senate that the Department of Defense ‘‘(2) Military construction. made by subsection (a), for any period before ‘‘(3) Physical conditions at bases and facili- the effective date under paragraph (1). should express its views on the antitrust im- plications of the joint venture described in ties. subsection 9a) to the Federal Trade Commis- ‘‘(4) Budgetary plans. SA 1761. Ms. LANDRIEU (for herself ‘‘(5) Adequacy of medical care for members and Mr. DOMENICI) submitted an sion not later than 30 days after enactment of this Act. of the armed forces and their dependents. amendment intended to be proposed by ‘‘(6) Adequacy of housing. her to the bill S. 1438, to authorize ap- SA 1764. Ms. LANDRIEU submitted ‘‘(7) Housing related costs such as utility propriations for fiscal year 2002 for an amendment intended to be proposed costs, together with the adequacy of the military activities of the Department basic allowance for housing for meeting the by her to the bill S. 1438, to authorize housing needs of members of the armed of Defense, for military constructions, appropriations for fiscal year 2002 for and for defense activities of the De- forces. military activities of the Department ‘‘(8) The adequacy of the basic allowance partment of Energy, to prescribe per- of Defense, for military constructions, for subsistence. sonnel strengths for such fiscal year and for defense activities of the De- ‘‘(9) Educational opportunities and costs for the Armed Forces, and for other partment of Energy, to prescribe per- for members and dependents. purposes; which was ordered to lie on sonnel strengths for such fiscal year ‘‘(10) Duration of deployments. the table; as follows: for the Armed Forces, and for other ‘‘(11) Rates of pay, including the relation- At the end of subtitle C of section XXXI, ship between the rates of pay for members purposes; which was ordered to lie on and the rates of pay for civilians. add the following: the table; as follows: SEC. 3135. BIOFUSION RESEARCH. ‘‘(12) Recruitment and retention. Of the amounts authorized to be appro- At the end of subtitle E of title VI, add the ‘‘(13) Workplace safety. priated by section 3103(a) for the Department following: ‘‘(14) Family support services. of Energy for other defense activities, SEC. 664. EXPANDED SCOPE OF AUTHORITY TO ‘‘(15) The relationship between the other $2,500,000 shall be available for the Office of WAIVE TIME LIMITATIONS ON elements of the defense program and policies CLAIMS FOR MILITARY PERSONNEL of the United States and quality of life needs Security and Emergency Operations of the BENEFITS. Department of Energy for biofusion research. of members. (a) AUTHORITY.—Subsection (e)(1) of sec- ‘‘(16) Any other priorities and issues that tion 3702 of title 31, United States Code, is SA 1762. Mr. TORRICELLI (for him- relate to the quality of life of members. amended by striking ‘‘a claim for pay, allow- ‘‘(17) The relationship of the quality of life self, Mr. CARPER, and Mr. CORZINE) sub- ances, or payment for unused accrued leave priorities, issues, and actions with the na- mitted an amendment intended to be under title 37 or a claim for retired pay tional security strategy set forth in the lat- proposed by him to the bill S. 1438, to under title 10’’ and inserting ‘‘a claim re- est national security strategy report under authorize appropriations for fiscal year ferred to in subsection (a)(1)(A)’’. section 108 of the National Security Act of 2002 for military activities of the De- (b) APPLICABILITY.—The amendment made 1947 (50 U.S.C. 404a). partment of Defense, for military con- by subsection (a) shall apply with respect to ‘‘(c) CONTENT.—The quadrennial quality of structions, and for defense activities of claims presented to the Secretary of Defense life review shall include the following mat- under section 3702 of title 31, United States the Department of Energy, to prescribe ters: Code, on or after the date of the enactment ‘‘(1) The measures necessary to provide personnel strengths for such fiscal year of this Act. members of the armed forces with a quality for the Armed Forces, and for other of life reasonably necessary to maximize purposes; which was ordered to lie on SA 1765. Ms. LANDRIEU submitted support and minimize distractions that af- the table; as follows: an amendment intended to be proposed fect the will and capabilities of members of

VerDate 11-MAY-2000 04:13 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.104 pfrm02 PsN: S01PT1 S9998 CONGRESSIONAL RECORD — SENATE October 1, 2001 the armed forces to execute successfully the At the appropriate place in the bill, add national Criminal Court’’. The vote on full range of missions called for in the na- the following: whether to proceed with the Statute was 120 tional defense strategy. SEC. . TEMPORARY AUTHORITY TO ASSIST FED- in favor to 7 against, with 21 countries ab- ‘‘(2) A full accounting of any backlog of ERAL AIR MARSHALS. staining. The United States voted against maintenance and repair projects for housing (a) IN GENERAL.—Notwithstanding 10 final adoption of the Rome Statute. and facilities at military installations, to- U.S.C. 375, the Secretary of Defense, shall, in (2) As of September 15, 2001, 139 countries gether with an assessment of how conditions accordance with other applicable law, make had signed the Rome Statute and 38 had rati- of disrepair affect the performance and qual- Department of Defense personnel available fied it. Pursuant to Article 126 of the Rome ity of life of members and their families. to support the Department of Transportation Statute, the Statute will enter into force on ‘‘(3) A budgetary plan setting forth the re- in providing no less than one federal air mar- the first day of the month after the 60th day sources and schedules of actions necessary to shal on each United States domestic com- following the date on which the 60th country improve the quality of life for military per- mercial passenger flight. deposits an instrument ratifying the Stat- sonnel called on to carry out the national se- (b) LIMITATION.—The authority provided in ute. curity strategy, including resources and subsection (a) shall expire: (3) Since adoption of the Rome Statute, a schedules for reducing and eliminating any (1) when the President certifies to Congress Preparatory Commission for the Inter- backlog of maintenance and repair projects that there is a sufficient number of civilian national Criminal Court has met regularly identified under paragraph (2). air marshals trained and available to provide to draft documents to implement the Rome ‘‘(d) REPORT TO CONGRESS.—The Secretary security for all United States domestic com- Statute, including Rules of Procedure and shall submit a report on each quadrennial mercial passenger flights; or Evidence, Elements of Crimes, and a defini- quality of life review to the Committees on (2) on September 30, 2002. tion of the Crime of Aggression. Armed Services of the Senate and House of (4) During testimony before the Congress Representatives. The report shall be sub- SA 1767. Mrs. BOXER submitted an following the adoption of the Rome Statute, mitted not later than September 30 of the amendment intended to be proposed by the lead United States negotiator, Ambas- year in which the review is conducted. The her to the bill S. 1438, to authorize ap- sador David Scheffer stated that the United report shall include the following: propriations for fiscal year 2002 for States could not sign the Rome Statute be- ‘‘(1) The results of the review, including a military activities of the Department cause certain critical negotiating objectives comprehensive discussion of how the quality of the United States had not been achieved. of life of members of the armed forces affects of Defense, for military constructions, and for defense activities of the De- As a result, he stated: ‘‘We are left with con- military preparedness and readiness and the sequences that do not serve the cause of execution of the national security strategy partment of Energy, to prescribe per- international justice.’’. of the United States. sonnel strengths for such fiscal year (5) Ambassador Scheffer went on to tell the ‘‘(2) The long term quality of life problems for the Armed Forces, and for other Congress that: ‘‘Multinational peacekeeping to be addressed by the armed forces, together purposes; which was ordered to lie on forces operating in a country that has joined with proposed remedies. the table; as follows: the treaty can be exposed to the Court’s ju- ‘‘(3) The short term quality of life prob- risdiction even if the country of the indi- lems to be addressed by the armed forces, to- At the appropriate place in the bill, add the following: vidual peacekeeper has not joined the treaty. gether with proposed remedies. Thus, the treaty purports to establish an ar- ‘‘(4) The assumptions used in the review. SEC. TEMPORARY AUTHORITY TO ASSIST FED- ERAL AIR MARSHALS. rangement whereby United States armed ‘‘(5) The effects of quality of life issues on forces operating overseas could be conceiv- the morale of the members of the armed (a) IN GENERAL.—Notwithstanding 10 U.S.C. 375, the Secretary of Defense, may, in ably prosecuted by the international court forces. even if the United States has not agreed to ‘‘(6) The quality of life issues that affect accordance with other applicable law, make Department of Defense personnel available be bound by the treaty. Not only is this con- members of the reserve components, to- trary to the most fundamental principles of gether with proposed remedies. to support the Department of Transportation in providing no less than one federal air mar- treaty law, it could inhibit the ability of the ‘‘(7) The percentage of defense spending United States to use its military to meet al- that it is appropriate to allocate to the qual- shal on each United States domestic com- mercial passenger flight. liance obligations and participate in multi- ity of life of members of the armed forces. national operations, including humanitarian ‘‘(e) CJCS REVIEW.—Upon the completion (b) LIMITATION.—The authority provided in subsection (a) shall expire: interventions to save civilian lives. Other of the quadrennial quality of life review, the contributors to peacekeeping operations will Chairman of the Joint Chiefs of Staff shall (1) when the President certifies to Congress that there is a sufficient number of civilian be similarly exposed.’’ prepare and submit to the Secretary of De- (6) Notwithstanding these concerns, Presi- fense the Chairman’s assessment of the re- air marshals trained and available to provide security for all United States domestic com- dent Clinton directed that the United States view, including the Chairman’s assessment sign the Rome Statute on December 31, 2000. of the quality of life of the members of the mercial passenger flights; or (2) on September 30, 2002. In a statement issued that day, he stated armed forces. The assessment shall be in- that in view of the unremedied deficiencies cluded in its entirety in the report on the re- SA 1768. Mr. CRAIG (for himself, Mr. of the Rome Statute, ‘‘I will not, and do not view required under subsection (d). recommend that my successor submit the ‘‘(f) INDEPENDENT REVIEW.—Before submit- LOTT, Mr. ALLEN, Mr. NICKLES, Mr. Treaty to the Senate for advice and consent ting the report on the quadrennial quality of SMITH of New Hampshire, and Mr. until our fundamental concerns are satis- life review to Congress, the Secretary shall CRAPO) submitted an amendment in- fied’’. make the report available to persons inde- tended to be proposed by him to the (7) Any American prosecuted by the Inter- pendent of the Federal Government whose bill S. 1438, to authorize appropriations national Criminal Court will, under the interests and expertise the Secretary deter- for fiscal year 2002 for military activi- Rome Statute, be denied procedural protec- mines relevant to issues of the quality of life tions to which all Americans are entitled of members of the armed forces and shall in- ties of the Department of Defense, for under the Bill of Rights to the United States vite those persons to review the report and military constructions, and for defense Constitution, such as the right to trial by to submit comments on the report to the activities of the Department of Energy, jury. Secretary.’’. to prescribe personnel strengths for (8) Members of the Armed Forces of the (b) CLERICAL AMENDMENT.—The table of such fiscal year for the Armed Forces, United States deserve the full protection of contents at the beginning of such chapter is and for other purposes; which was or- the United States Constitution wherever amended by inserting after the item relating dered to lie on the table; as follows: they are stationed or deployed around the to section 118 the following new item: At the end of division A of the bill, add the world to protect the vital national interests ‘‘118a. Quadrennial quality of life review.’’. following new title: of the United States. The United States Gov- ernment has an obligation to protect the TITLE XIV—AMERICAN ARMED FORCES SA 1766. Mrs. BOXER submitted an members of its Armed Forces, to the max- PROTECTION ACT OF 2001 amendment intended to be proposed by imum extent possible, against criminal pros- her to the bill S. 1438, to authorize ap- SEC. 1401. SHORT TITLE. ecutions carried out by United Nations offi- propriations for fiscal year 2002 for This title may be cited as the ‘‘American cials under procedures that deny them their military activities of the Department Armed Forces Protection Act 2001’’. constitutional rights. of Defense, for military constructions, SEC. 1402. FINDINGS AND POLICY. (9) In addition to exposing members of the and for defense activities of the De- (a) FINDINGS.—Congress makes the fol- Armed Forces of the United States to the partment of Energy, to prescribe per- lowing findings: risk of international criminal prosecution, (1) On July 17, 1998, the United Nations the Rome Statute creates a risk that the sonnel strengths for such fiscal year Diplomatic Conference of Plenipotentiaries President and other senior elected and ap- for the Armed Forces, and for other on the Establishment of an International pointed officials of the United States Gov- purposes; which was ordered to lie on Criminal Court, meeting in Rome, Italy, ernment may be prosecuted by the Inter- the table; as follows: adopted the ‘‘Rome Statute of the Inter- national Criminal Court. Particularly if the

VerDate 11-MAY-2000 04:13 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.076 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S9999 Preparatory Commission agrees on a defini- prosecuted, or imprisoned by or on behalf of SEC. 1404. PROHIBITION ON COOPERATION WITH tion of the Crime of Aggression over United the International Criminal Court. THE INTERNATIONAL CRIMINAL States objections, senior United States offi- COURT. (b) AUTHORITY TO EXTEND WAIVER OF SEC- cials may be at risk of criminal prosecution (a) CONSTRUCTION.—The provisions of this TIONS 1405 AND 1407.—The President is au- for national security decisions involving section— thorized to waive the prohibitions and re- such matters as responding to acts of ter- (1) apply only to the International Crimi- quirements of sections 1405 and 1407 for suc- rorism, preventing the proliferation of weap- nal Court established by the Rome Statute; cessive periods of one year each upon the ex- ons of mass destruction, and deterring ag- and gression. No less than members of the Armed piration of a previous waiver pursuant to (2) shall not be construed to prohibit— Forces of the United States, senior officials subsection (a) or this subsection. Such a (A) any action permitted under section of the United States Government deserve the waiver may be issued only if the President at 1408; full protection of the United States Con- least fifteen days in advance of exercising (B) any other action taken by members of stitution with respect to official actions such authority— the Armed Forces of the United States out- taken by them to protect the national inter- (1) notifies the appropriate congressional side the territory of the United States while ests of the United States. committees of the intention to exercise such engaged in military operations involving the (10) The claimed jurisdiction of the Inter- authority; and threat or use of force when necessary to pro- national Criminal Court over citizens of a (2) determines and reports to the appro- tect such personnel from harm or to ensure country that is not a state party to the priate congressional committees that the the success of such operations; or Rome Statute is a direct contravention of International Criminal Court— (C) communication by the United States to the sovereign equality of all member states (A) remains party to, and has continued to the International Criminal Court of its pol- under Article 2 of the Charter of the United abide by, a binding agreement that— icy with respect to a particular matter. Nations, and is a threat to the sovereignty of (i) prohibits the International Criminal (b) RESTRICTION ON ASSISTANCE PURSUANT the United States under the Constitution of Court from seeking to exercise jurisdiction TO MUTUAL LEGAL ASSISTANCE TREATIES.—No the United States. over the following persons with respect to funds available to any United States agency, entity, or court may be used to provide any (b) POLICY OF THE UNITED STATES REGARD- actions undertaken by them in an official ca- assistance under any treaty or executive ING THE ROME STATUTE.— pacity: agreement for mutual legal assistance in any (1) POLICY.— (I) covered United States persons; criminal matter, any multilateral conven- (A) INTENTION TO REMAIN OUTSIDE THE STAT- (II) covered allied persons; and tion with legal assistance provisions, or any UTE.—It is the policy of the United States (III) individuals who were covered United that the United States will not become a States persons or covered allied persons; and extradition treaty, to which the United state party to the Rome Statute. (ii) ensures that no person described in States is a party, or in connection with the execution or issuance of any letter rogatory, (B) FINDING REGARDING THE LEGAL STATUS clause (i) will be arrested, detained, pros- to the International Criminal Court. OF THE INTERNATIONAL CRIMINAL COURT AND ecuted, or imprisoned by or on behalf of the (c) PROHIBITION ON INVESTIGATIVE ACTIVI- THE PREPARATORY COMMISSION.—Because the International Criminal Court; and TIES OF AGENTS.—No agent of the Inter- United States has not ratified the Rome (B) has taken no steps to arrest, detain, national Criminal Court may conduct, in the Statute as a treaty under Article II, Section prosecute, or imprison any person described United States or any territory subject to the 2, Clause 2, of the Constitution of the United in clause (i) of subparagraph (A). jurisdiction of the United States, any inves- States, Congress finds the International UTHORITY TO WAIVE SECTIONS 1405 AND (c) A tigative activity relating to a preliminary Criminal Court and the Preparatory Com- 1407 WITH RESPECT TO AN INVESTIGATION OR inquiry, investigation, prosecution, or other mission are not judicial bodies or instru- PROSECUTION OF A NAMED INDIVIDUAL.—The proceeding at the International Criminal ments of international law with respect to President is authorized to waive the prohibi- Court. the United States or to citizens of the United tions and requirements of sections 1404 and States. SEC. 1405. CONDITIONS FOR THE PROTECTION 1406 to the degree they would prevent United OF UNITED STATES PARTICIPATION IPLOMATIC COMMUNICATION OF POLICY (2) D .— States cooperation with an investigation or IN CERTAIN UNITED NATIONS (A) TRANSMITTAL OF INTENT TO THE UNITED prosecution of a named individual by the PEACEKEEPING OPERATIONS. NATIONS.—It is the sense of Congress that the International Criminal Court. Such a waiver (a) POLICY.—Effective beginning on the President should provide written notifica- may be issued only if the President at least date on which the Rome Statute enters into tion to the Secretary-General of the United 15 days in advance of exercising such force pursuant to Article 126 of the Rome Nations of the policy contained in paragraph authority— Statute, the President should use the voice (1). (1) notifies the appropriate congressional and vote of the United States in the United (B) INSTRUCTIONS TO UNITED STATES REP- committees of the intention to exercise such Nations Security Council to ensure that each RESENTATIVES.—It is the sense of Congress authority; and resolution of the Security Council author- that the President should instruct all rep- (2) determines and reports to the appro- izing any peacekeeping operation under resentatives of the United States in any priate congressional committees that— chapter VI of the charter of the United Na- international forum or setting, including (A) a waiver pursuant to subsection (a) or tions or peace enforcement operation under any forum regarding the availability of (b) of the prohibitions and requirements of chapter VII of the charter of the United Na- funds, to put forward, as United States pol- sections 1405 and 1407 is in effect; tions permanently exempts, at a minimum, icy regarding the International Criminal (B) there is reason to believe that the members of the Armed Forces of the United Court and the Preparatory Commission, the named individual committed the crime or States participating in such operation from policy contained in paragraph (1). crimes that are the subject of the Inter- criminal prosecution by the International SEC. 1403. WAIVER AND TERMINATION OF PROHI- national Criminal Court’s investigation or Criminal Court for actions undertaken by BITIONS OF THIS ACT. prosecution; such personnel in connection with the oper- (a) AUTHORITY TO INITIALLY WAIVE SEC- (C) it is in the national interest of the ation. TIONS 1405 AND 1407.—The President is au- United States for the International Criminal (b) RESTRICTION.—No funds available to thorized to waive the prohibitions and re- Court’s investigation or prosecution of the any United States agency or entity may be quirements of sections 1405 and 1407 for a sin- named individual to proceed; and used for the participation of any member of gle period of one year. Such a waiver may be (D) in investigating events related to ac- the Armed Forces of the United States in issued only if the President at least 15 days tions by the named individual, none of the any peacekeeping operation under chapter in advance of exercising such authority— following persons will be investigated, ar- VI of the charter of the United Nations or (1) notifies the appropriate congressional rested, detained, prosecuted, or imprisoned peace enforcement operation under chapter committees of the intention to exercise such by or on behalf of the International Criminal VII of the charter of the United Nations, the authority; and Court with respect to actions undertaken by creation of which is authorized by the United (2) determines and reports to the appro- them in an official capacity: Nations Security Council on or after the priate congressional committees that the (i) Covered United States persons. date that the Rome Statute enters into ef- International Criminal Court has entered (ii) Covered allied persons. fect pursuant to Article 126 of the Rome into a binding agreement that— (iii) Individuals who were covered United Statute, unless the President has submitted (A) prohibits the International Criminal States persons or covered allied persons. to the appropriate congressional committees Court from seeking to exercise jurisdiction a certification described in subsection (c) over the following persons with respect to (d) TERMINATION OF WAIVER PURSUANT TO with respect to such operation. actions undertaken by them in an official ca- SUBSECTION (c).—Any waiver or waivers exer- (c) CERTIFICATION.—The certification re- pacity: cised pursuant to subsection (c) of the prohi- ferred to in subsection (b) is a certification (i) covered United States persons; bitions and requirements of sections 1404 and by the President that members of the Armed (ii) covered allied persons; and 1406 shall terminate at any time that a waiv- Forces of the United States are able to par- (iii) individuals who were covered United er pursuant to subsection (a) or (b) of the ticipate in the peacekeeping or peace en- States persons or covered allied persons; and prohibitions and requirements of sections forcement operation without risk of criminal (B) ensures that no person described in 1405 and 1407 expires and is not extended pur- prosecution by the International Criminal subparagraph (A) will be arrested, detained, suant to subsection (b). Court because—

VerDate 11-MAY-2000 04:00 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.079 pfrm02 PsN: S01PT1 S10000 CONGRESSIONAL RECORD — SENATE October 1, 2001 (1) in authorizing the operation, the United against that person’s will by or on behalf of Donovan Foreign Relations Authorization Nations Security Council permanently ex- the International Criminal Court. Act, Fiscal Years 2000 and 2001: empted, at a minimum, members of the (b) PERSONS AUTHORIZED TO BE FREED.— (1) APPROPRIATE CONGRESSIONAL COMMIT- Armed Forces of the United States partici- The authority of subsection (a) shall extend TEES.—The term ‘‘appropriate congressional pating in the operation from criminal pros- to the following persons: committees’’ means the Committee on Inter- ecution by the International Criminal Court (1) Covered United States persons. national Relations of the House of Rep- for actions undertaken by them in connec- (2) Covered allied persons. resentatives and the Committee on Foreign tion with the operation; or (3) Individuals detained or imprisoned for Relations of the Senate. (2) the United States has taken other ap- official actions taken while the individual (2) CLASSIFIED NATIONAL SECURITY INFORMA- propriate steps to guarantee that members was a covered United States person or a cov- TION.—The term ‘‘classified national security of the Armed Forces of the United States ered allied person, and in the case of a cov- information’’ means information that is participating in the operation will not be ered allied person, upon the request of such classified or classifiable under Executive prosecuted by the International Criminal government. Order 12958 or a successor Executive order. Court for actions undertaken by such per- (c) AUTHORIZATION OF LEGAL ASSISTANCE.— (3) COVERED ALLIED PERSONS.—The term sonnel in connection with the operation. When any person described in subsection (b) ‘‘covered allied persons’’ means military per- is arrested, detained, prosecuted, or impris- SEC. 1406. PROHIBITION ON DIRECT OR INDI- sonnel, elected or appointed officials, and RECT TRANSFER OF CERTAIN CLAS- oned by or on behalf of the International other persons employed by or working on be- SIFIED NATIONAL SECURITY INFOR- Criminal Court, the authority under sub- half of the government of a NATO member MATION TO THE INTERNATIONAL section (a) may be used— country, a major non-NATO ally (including, CRIMINAL COURT. (1) for the provision of legal representation inter alia, Israel, Australia, Egypt, Japan, (a) DIRECT TRANSFER.—Not later than the and other legal assistance to that person (in- the Republic of Korea, and New Zealand), or date on which the Rome Statute enters into cluding, in the case of a person entitled to Taiwan, for so long as that government is force, the President shall ensure that appro- assistance under section 1037 of title 10, not a party to the International Criminal priate procedures are in place to prevent the United States Code, representation and other Court and wishes its officials and other per- transfer of classified national security infor- assistance in the manner provided in that sons working on its behalf to be exempted mation to the International Criminal Court. section); and from the jurisdiction of the International (b) INDIRECT TRANSFER.—Not later than the (2) for the provision of exculpatory evi- Criminal Court. date on which the Rome Statute enters into dence on behalf of that person. (4) COVERED UNITED STATES PERSONS.—The force, the President shall ensure that appro- (d) BRIBES AND OTHER INDUCEMENTS NOT term ‘‘covered United States persons’’ means priate procedures are in place to prevent the AUTHORIZED.—Subsection (a) does not au- members of the Armed Forces of the United transfer of classified national security infor- thorize the payment of bribes or the provi- States, elected or appointed officials of the mation relevant to matters under consider- sion of other incentives to induce the release United States Government, other United ation by the International Criminal Court to from captivity of a person described in sub- States citizens, and any other person em- the United Nations and to the government of section (b). ployed by or working on behalf of the United any country that is a party to the Inter- SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS. States Government, for so long as the United national Criminal Court unless the United (a) REPORT ON ALLIANCE COMMAND AR- States is not a party to the International Nations or that government, as the case may RANGEMENTS.—Not later than 6 months after Criminal Court. be, has provided written assurances that the date of the enactment of this Act, the (5) EXTRADITION.—The terms ‘‘extradition’’ such information will not be made available President shall transmit to the appropriate and ‘‘extradite’’ include both ‘‘extradition’’ to the International Criminal Court. congressional committees a report with re- and ‘‘surrender’’ as those terms are defined (c) CONSTRUCTION.—The provisions of this spect to each military alliance to which the in article 102 of the Rome Statute. section shall not be construed to prohibit United States is party— (6) INTERNATIONAL CRIMINAL COURT.—The any action permitted under section 1408. (1) describing the degree to which members term ‘‘International Criminal Court’’ means of the Armed Forces of the United States the court established by the Rome Statute. SEC. 1407. PROHIBITION OF UNITED STATES MILI- TARY ASSISTANCE TO PARTIES TO may, in the context of military operations (7) MAJOR NON-NATO ALLY.—The term THE INTERNATIONAL CRIMINAL undertaken by or pursuant to that alliance, ‘‘major non-NATO ally’’ means a country COURT. be placed under the command or operational that has been so designated in accordance (a) PROHIBITION OF MILITARY ASSISTANCE.— control of foreign military officers subject to with section 517 of the Foreign Assistance Subject to subsections (b) and (c), no United the jurisdiction of the International Crimi- Act of 1961. States military assistance may be provided nal Court because they are nationals of a (8) PARTY TO THE INTERNATIONAL CRIMINAL to the government of a country that is a party to the International Criminal Court; COURT.—The term ‘‘party to the Inter- party to the International Criminal Court. and national Criminal Court’’ means a govern- (b) WAIVER.—The President may waive the (2) evaluating the degree to which mem- ment that has deposited an instrument of prohibition of subsection (a) with respect to bers of the Armed Forces of the United ratification, acceptance, approval, or acces- a particular country— States engaged in military operations under- sion to the Rome Statute, and has not with- (1) for one or more periods not exceeding taken by or pursuant to that alliance may be drawn from the Rome Statute pursuant to one year each, if the President determines exposed to greater risks as a result of being Article 127 thereof. and reports to the appropriate congressional placed under the command or operational (9) PEACEKEEPING OPERATION UNDER CHAP- committees that it is vital to the national control of foreign military officers subject to TER VI OF THE CHARTER OF THE UNITED NA- interest of the United States to waive such the jurisdiction of the International Crimi- TIONS OR PEACE ENFORCEMENT OPERATION prohibition; and nal Court. UNDER CHAPTER VII OF THE CHARTER OF THE (2) permanently, if the President deter- (b) DESCRIPTION OF MEASURES TO ACHIEVE UNITED NATIONS.—The term ‘‘peacekeeping mines and reports to the appropriate con- ENHANCED PROTECTION FOR MEMBERS OF THE operation under chapter VI of the charter of gressional committees that such country has ARMED FORCES OF THE UNITED STATES.—Not the United Nations or peace enforcement op- entered into an agreement with the United later than one year after the date of the en- eration under chapter VII of the charter of States pursuant to Article 98 of the Rome actment of this Act, the President shall the United Nations’’ means any military op- Statute preventing the International Crimi- transmit to the appropriate congressional eration to maintain or restore international nal Court from proceeding against United committees a description of modifications to peace and security that— States personnel present in such country. command and operational control arrange- (A) is authorized by the United Nations Se- curity Council under chapter VI or VII of the (c) EXEMPTION.—The prohibition of sub- ments within military alliances to which the section (a) shall not apply to the government United States is a party that could be made charter of the United Nations; and of— in order to reduce any risks to members of (B) is paid for from assessed contributions (1) a NATO member country; the Armed Forces of the United States iden- of United Nations members that are made (2) a major non-NATO ally (including, inter tified pursuant to subsection (a)(2). available for peacekeeping or peace enforce- (c) SUBMISSION IN CLASSIFIED FORM.—The alia, Israel, Australia, Egypt, Japan, the Re- ment activities. report under subsection (a), and the descrip- public of Korea, and New Zealand); or (10) ROME STATUTE.—The term ‘‘Rome tion of measures under subsection (b), or ap- (3) Taiwan. Statute’’ means the Rome Statute of the propriate parts thereof, may be submitted in International Criminal Court, adopted by the SEC. 1408. AUTHORITY TO FREE MEMBERS OF classified form. United Nations Diplomatic Conference of THE ARMED FORCES OF THE UNITED STATES AND CERTAIN SEC. 1410. NONDELEGATION. Plenipotentiaries on the Establishment of an OTHER PERSONS HELD CAPTIVE BY The authorities vested in the President by International Criminal Court on July 17, OR ON BEHALF OF THE INTER- sections 1403, 1405(c), and 1407(b) may not be 1998. NATIONAL CRIMINAL COURT. delegated by the President pursuant to sec- (11) SUPPORT.—The term ‘‘support’’ means (a) AUTHORITY.—The President is author- tion 301 of title 3, United States Code, or any assistance of any kind, including financial ized to use all means necessary and appro- other provision of law. support, material support, services, intel- priate to bring about the release from cap- SEC. 1411. DEFINITIONS. ligence sharing, law enforcement coopera- tivity of any person described in subsection As used in this Act and in sections 705 and tion, the training or detail of personnel, and (b) who is being detained or imprisoned 706 of the Admiral James W. Nance and Meg the arrest or detention of individuals.

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.079 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10001

(12) UNITED STATES MILITARY ASSISTANCE.— Subtitle A—Commission on Voting Rights (i) voters with disabilities; The term ‘‘United States military assist- and Procedures (ii) voters with visual impairments; ance’’ means— SEC. ll11. ESTABLISHMENT OF THE COMMIS- (iii) voters with limited English language (A) assistance provided under chapters 2 SION ON VOTING RIGHTS AND PRO- proficiency; through 6 of part II of the Foreign Assistance CEDURES. (iv) voters who need assistance in order to Act of 1961 (22 U.S.C. 2311 et seq.); There is established the Commission on understand the voting process or how to cast (B) defense articles or defense services fur- Voting Rights and Procedures (in this sub- a ballot; and nished with the financial assistance of the title referred to as the ‘‘Commission’’). (v) other voters with special needs; United States Government, including SEC. ll12. MEMBERSHIP OF THE COMMISSION. (D) the effect of the capacity of voting sys- through loans and guarantees; or (a) NUMBER AND APPOINTMENT.—The Com- tems on the efficiency of election adminis- (C) military training or education activi- mission shall be composed of 12 members of tration, including how the number of ballots ties provided by any agency or entity of the whom: which may be processed by a single machine United States Government. (1) 6 members shall be appointed by the over a period of time affects the number of Such term does not include activities report- President; machines needed to carry out an election at able under title V of the National Security (2) 3 members shall be appointed by the Mi- a particular polling place and the number of Act of 1947 (50 U.S.C. 413 et seq.). nority Leader of the Senate (or, if the Minor- polling places and other facilities necessary ity Leader is a member of the same political to serve the voters; party as the President, by the Majority SA 1769. Mr. DODD submitted an (E) voter registration and maintenance of Leader of the Senate); and voter rolls, including the use of provisional amendment intended to be proposed by (3) 3 members shall be appointed by the Mi- voting and standards for reenfranchisement him to the bill S. 1438, to authorize ap- nority Leader of the House of Representa- of voters; propriations for fiscal year 2002 for tives (or, if the Minority Leader is a member (F) alternative voting methods; military activities of the Department of the same political party as the President, (G) voter intimidation, both real and per- of Defense, for military constructions, by the Majority Leader of the House of Rep- ceived; and for defense activities of the De- resentatives). (H) accuracy of voting, election proce- partment of Energy, to prescribe per- (b) QUALIFICATIONS.—Each member ap- dures, and election technology; pointed under subsection (a) shall be chosen sonnel strengths for such fiscal year (I) voter education; on the basis of— (J) election personnel and volunteer train- for the Armed Forces, and for other (1) experience with, and knowledge of— ing; purposes; which was ordered to lie on (A) election law; (K)(i) the implementation of title I of the the table; as follows: (B) election technology; Uniformed and Overseas Citizens Absentee At the end of the bill, add the following: (C) Federal, State, or local election admin- Voting Act (42 U.S.C. 1973ff et seq.) and the istration; amendments made by title II of that Act TITLE llEQUAL PROTECTION OF (D) the Constitution; or by— VOTING RIGHTS (E) the history of the United States; and (I) the Secretary of Defense, acting as the SEC. ll01. SHORT TITLE. (2) integrity, impartiality, and good judg- Presidential designee under section 101 of This title may be cited as the ‘‘Equal Pro- ment. that Act (42 U.S.C. 1973ff); tection of Voting Rights Act of 2001’’. (c) PERIOD OF APPOINTMENT; VACANCIES.— (II) each other Federal Government official (1) PERIOD OF APPOINTMENT.—Each member SEC. ll02. FINDINGS. having responsibilities under that Act; and shall be appointed for the life of the Commis- Congress makes the following findings: (III) each State; and sion. (1) The right to vote is a fundamental and (ii) whether any legislative or administra- (2) VACANCIES.— incontrovertible right under the Constitu- tive action is necessary to provide a mean- (A) IN GENERAL.—A vacancy in the Com- ingful opportunity for each absent uniformed tion. mission shall not affect its powers. (2) There is a need for Congress to encour- services voter (as defined in section 107(1) of (B) MANNER OF REPLACEMENT.—Not later age and enable every eligible American to that Act (42 U.S.C. 1973ff–6(1))) and each than 60 days after the date of the vacancy, a overseas voter (as defined in section 107(5) of vote by reaffirming that the right to vote is vacancy on the Commission shall be filled in a fundamental right under the Constitution. that Act (42 U.S.C. 1973ff–6(5))) to register to same manner as the original appointment vote and vote in elections for Federal office; (3) There is a need for Congress to encour- was made and shall be subject to any condi- age and enable every eligible American to (L) the feasibility and advisability of es- tions which applied with respect to the origi- tablishing the date on which elections for vote by reaffirming that the United States is nal appointment. a democratic Government ‘‘of the people, by Federal office are held as a Federal or State (d) CHAIRPERSON; VICE CHAIRPERSON.— holiday; the people, and for the people’’ where every (1) IN GENERAL.—The Commission shall vote counts. (M) the feasibility and advisability of es- elect a chairperson and vice chairperson tablishing modified polling place hours, and (4) There is a need for Congress to encour- from among its members. age and enable every eligible American to the effects thereof; and (2) POLITICAL AFFILIATION.—The chair- (N)(i) how the Federal Government can, on vote by eliminating procedural, physical, person and vice chairperson may not be af- and technological obstacles to voting. a permanent basis, best provide ongoing as- filiated with the same political party. sistance to State and local authorities to im- (5) There is a need to counter discrimina- (e) DATE OF APPOINTMENT.—The appoint- prove the administration of elections for tion in voting by removing barriers to the ments of the members of the Commission Federal office; exercise of the constitutionally protected shall be made not later than the date that is (ii) how the requirements for voting sys- right to vote. 45 days after the date of enactment of this (6) There is a concern that persons with title. tems, provisional voting, and sample ballots disabilities and impairments face difficulties (f) MEETINGS.— described in section ll31 can, on a perma- in voting. (1) IN GENERAL.—The Commission shall nent basis, best be administered; and (7) There are practices designed to purge il- meet at the call of the chairperson. (iii) whether an existing or a new Federal legal voters from voter rolls which result in (2) INITIAL MEETING.—Not later than 20 agency should provide such assistance. the elimination of legal voters as well. days after the date on which all the members (2) WEBSITE.—In addition to any other pub- (8) State governments have already begun of the Commission have been appointed, the lication activities the Commission may be to examine ways to improve the administra- Commission shall hold its first meeting. required to carry out, for purposes of con- tion of elections and to modernize mecha- (3) QUORUM.—A majority of the members of ducting the study under this subsection the nisms and machinery for voting. the Commission shall constitute a quorum, Commission shall establish an Internet (9) Congress has authority under section 4 but a lesser number of members may hold website to facilitate public comment and of article I of the Constitution of the United hearings. participation. States, section 5 of the 14th amendment to (g) VOTING.—Each action of the Commis- (b) RECOMMENDATIONS.— the Constitution of the United States, and sion shall be approved by a majority vote of (1) RECOMMENDATIONS OF BEST PRACTICES IN section 2 of the 15th amendment to the Con- the entire Commission. Each member shall VOTING AND ELECTION ADMINISTRATION.—The stitution of the United States to enact legis- have 1 vote. Commission shall develop specific rec- lation to address the equal protection viola- SEC. ll13. DUTIES OF THE COMMISSION. ommendations with respect to the matters tions that may be caused by outdated voting (a) STUDY.— studied under subsection (a) that identify systems. (1) IN GENERAL.—The Commission shall those methods of voting and administering (10) Congress has an obligation to ensure conduct a thorough study of— elections studied by the Commission that that the necessary resources are available to (A) election technology and systems; would— States and localities to improve election (B) designs of ballots and the uniformity of (A) be convenient, accessible, nondiscrim- technology and election administration and ballots; inatory, and easy to use for voters in elec- to ensure the integrity of and full participa- (C) access to ballots and polling places, in- tions for Federal office, including voters tion of all Americans in the democratic elec- cluding timely notice of voting locations and with disabilities, voters with visual impair- tions process. matters relating to access for— ments, absent uniformed services voters,

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.079 pfrm02 PsN: S01PT1 S10002 CONGRESSIONAL RECORD — SENATE October 1, 2001 overseas voters, and other voters with spe- mission and shall be served by any person or shall be subject to confirmation by the Com- cial needs, including voters with limited class of persons designated by the chair- mission. English proficiency or who otherwise need person for that purpose. (2) COMPENSATION.—The chairperson and assistance in order to understand the voting (2) ENFORCEMENT.—In the case of contu- vice chairperson of the Commission, acting process or to cast a ballot; macy or failure to obey a subpoena issued jointly, may fix the compensation of the ex- (B) yield the broadest participation; and under subsection (a), the United States dis- ecutive director and other personnel without (C) produce accurate results. trict court for the judicial district in which regard to chapter 51 and subchapter III of (2) RECOMMENDATIONS FOR PROVIDING AS- the subpoenaed person resides, is served, or chapter 53 of title 5, United States Code, re- SISTANCE IN FEDERAL ELECTIONS.—The Com- may be found may issue an order requiring lating to classification of positions and Gen- mission shall develop specific recommenda- such person to appear at any designated eral Schedule pay rates, except that the rate tions with respect to the matters studied place to testify or to produce documentary of pay for the executive director and other under subsection (a)(1)(N) on how the Fed- or other evidence. Any failure to obey the personnel may not exceed the rate payable eral Government can, on a permanent basis, order of the court may be punished by the for level V of the Executive Schedule under best provide ongoing assistance to State and court as a contempt of that court. section 5316 of such title. local authorities to improve the administra- (c) WITNESS ALLOWANCES AND FEES.—Sec- (d) DETAIL OF GOVERNMENT EMPLOYEES.— tion of elections for Federal office, and iden- tion 1821 of title 28, United States Code, shall Any Federal Government employee may be tify whether an existing or a new Federal apply to witnesses requested or subpoenaed detailed to the Commission without reim- agency should provide such assistance. to appear at any hearing of the Commission. bursement, and such detail shall be without (3) RECOMMENDATIONS FOR VOTER PARTICI- The per diem and mileage allowances for interruption or loss of civil service status or PATION IN FEDERAL ELECTIONS.—The Commis- witnesses shall be paid from funds available privilege. sion shall develop specific recommendations to pay the expenses of the Commission. (e) PROCUREMENT OF TEMPORARY AND with respect to the matters studied under (d) INFORMATION FROM FEDERAL AGEN- INTERMITTENT SERVICES.—The chairperson subsection (a) on methods— CIES.—The Commission may secure directly and vice chairperson of the Commission, act- (A) to increase voter registration; from any Federal department or agency such ing jointly, may procure temporary and (B) to increase the accuracy of voter rolls information as the Commission considers intermittent services under section 3109(b) of and participation and inclusion of legal vot- necessary to carry out this subtitle. Upon re- title 5, United States Code, at rates for indi- ers; quest of the chairperson and vice chairperson viduals which do not exceed the daily equiva- (C) to improve voter education; and of the Commission, acting jointly, the head lent of the annual rate of basic pay pre- (D) to improve the training of election per- of such department or agency shall furnish scribed for level V of the Executive Schedule sonnel and volunteers. such information to the Commission. under section 5316 of such title. (4) CONSISTENCY WITH ELECTION TECHNOLOGY (e) POSTAL SERVICES.—The Commission SEC. ll16. TERMINATION OF THE COMMISSION. AND ADMINISTRATION REQUIREMENTS.—The may use the United States mails in the same Commission shall ensure that the specific manner and under the same conditions as The Commission shall terminate 45 days recommendations developed under this sub- other departments and agencies of the Fed- after the date on which the Commission sub- section are consistent with the uniform and eral Government. mits its final report and recommendations under section ll13(c)(2). nondiscriminatory election technology and (f) ADMINISTRATIVE SUPPORT SERVICES.— administration requirements under section Upon the request of the chairperson and vice SEC. ll17. AUTHORIZATION OF APPROPRIA- ll31. chairperson of the Commission, acting joint- TIONS FOR THE COMMISSION. (c) REPORTS.— ly, the Administrator of the General Serv- (a) IN GENERAL.—There are authorized to (1) INTERIM REPORTS.—Not later than the ices Administration shall provide to the be appropriated such sums as may be nec- date on which the Commission submits the Commission, on a reimbursable basis, the ad- essary to carry out the purposes of this sub- final report under paragraph (2), the Com- ministrative support services that are nec- title. mission may submit to the President and essary to enable the Commission to carry (b) AVAILABILITY.—Any sums appropriated Congress such interim reports as a majority out its duties under this subtitle. under the authorization contained in this of the members of the Commission deter- (g) GIFTS AND DONATIONS.—The Commis- section shall remain available, without fiscal mine appropriate. sion may accept, use, and dispose of gifts or year limitation, until expended. (2) FINAL REPORT.— donations of services or property to carry Subtitle B—Election Technology and (A) IN GENERAL.—Not later than 1 year out this subtitle. Administration Improvement Grant Program after the date of enactment of this title, the (h) APPLICATION OF FEDERAL ADVISORY Commission shall submit to the President COMMITTEE ACT.—Except as otherwise pro- SEC. ll21. ESTABLISHMENT OF GRANT PRO- and Congress a final report that has received vided in this subtitle, the Commission shall GRAM. the approval of a majority of the members of be subject to the requirements of the Federal (a) IN GENERAL.—The Attorney General, the Commission. Advisory Committee Act (5 U.S.C. App.). subject to the general policies and criteria for the approval of applications established (B) CONTENT.—The final report shall SEC. ll15. COMMISSION PERSONNEL MATTERS. under section ll23 and in consultation with contain— (a) COMPENSATION OF MEMBERS.—Each the Federal Election Commission, is author- (i) a detailed statement of the findings and member of the Commission who is not an of- ized to make grants to States and localities conclusions of the Commission on the mat- ficer or employee of the Federal Government to pay the Federal share of the costs of the ters studied under subsection (a); shall be compensated at a rate equal to the activities described in section ll22. (ii) a detailed statement of the rec- daily equivalent of the annual rate of basic ommendations developed under subsection pay prescribed for level IV of the Executive (b) ACTION THROUGH OFFICE OF JUSTICE (b) which received a majority vote of the Schedule under section 5315 of title 5, United PROGRAMS AND ASSISTANT ATTORNEY GEN- members of the Commission; and States Code, for each day (including travel ERAL FOR CIVIL RIGHTS.—In carrying out this (iii) any dissenting or minority opinions of time) during which such member is engaged subtitle, the Attorney General shall act the members of the Commission. in the performance of the duties of the Com- through the Assistant Attorney General for SEC. ll14. POWERS OF THE COMMISSION. mission. All members of the Commission the Office of Justice Programs and the As- sistant Attorney General for the Civil Rights (a) HEARINGS.—The Commission or, at its who are officers or employees of the United direction, any subcommittee or member of States shall serve without compensation in Division. the Commission, may, for the purpose of car- addition to that received for their services as SEC. ll22. AUTHORIZED ACTIVITIES. rying out this subtitle— officers or employees of the United States. (a) IN GENERAL.—A State or locality may (1) hold such hearings, sit and act at such (b) TRAVEL EXPENSES.—The members of use grant payments received under this times and places, take such testimony, re- the Commission shall be allowed travel ex- subtitle— ceive such evidence, and administer such penses, including per diem in lieu of subsist- (1) to improve, acquire, or replace voting oaths; and ence, at rates authorized for employees of equipment or technology and improve the (2) require, by subpoena or otherwise, the agencies under subchapter I of chapter 57 of accessibility of polling places, including pro- attendance and testimony of such witnesses title 5, United States Code, while away from viding physical access for persons with dis- and the production of such books, records, their homes or regular places of business in abilities and to other individuals with spe- correspondence, memoranda, papers, docu- the performance of services for the Commis- cial needs, and nonvisual access for voters ments, tapes, and materials as the Commis- sion. with visual impairments, and assistance to sion (or such subcommittee or member) con- (c) STAFF.— voters with limited proficiency in the siders advisable. (1) IN GENERAL.—The chairperson and vice English language; (b) ISSUANCE AND ENFORCEMENT OF SUB- chairperson of the Commission, acting joint- (2) to implement new election administra- POENAS.— ly, may, without regard to the civil service tion procedures to increase voter participa- (1) ISSUANCE.—Any subpoena issued under laws and regulations, appoint and terminate tion and reduce disenfranchisement, such as subsection (a) shall be issued by the chair- an executive director and such other addi- ‘‘same-day’’ voter registration procedures; person and vice chairperson of the Commis- tional personnel as may be necessary to en- (3) to educate voters concerning voting sion acting jointly. Each subpoena shall bear able the Commission to perform its duties. procedures, voting rights or voting tech- the signature of the chairperson of the Com- The employment of an executive director nology, and to train election personnel; or

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.093 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10003 (4) upon completion of the final report volunteers, including procedures to carry out to the locality under this subtitle is not under section ll13(c)(2), to implement rec- subparagraph (D). available to that locality through the State. ommendations contained in such report (D) An effective method of notifying voters (C) COMPLIANCE WITH FEDERAL MATCHING under section ll13(c)(2)(B)(ii). at polling places on the day of election of REQUIREMENTS.—A description of how the lo- (b) REQUIREMENTS FOR ELECTION TECH- basic voting procedures to effectuate their cality will pay the non-Federal share from NOLOGY AND ADMINISTRATION.—A State or lo- vote as provided for in State and Federal non-Federal sources that may be accom- cality may use grant payments received law. panied by a request for a waiver of the under this subtitle— (E) A timetable for meeting the elements matching requirements under section (1) on or after the date on which the voting of the plan. ll26(b)(2). system requirements specifications are (3) CONSISTENCY WITH ELECTION TECHNOLOGY (D) ADDITIONAL ASSURANCES.—Such addi- issued under section ll32(a), to implement AND ADMINISTRATION REQUIREMENTS.—The tional assurances as the Attorney General, the requirements under section ll31(a); criteria established by the Attorney General in consultation with the Federal Election (2) on or after the date on which the provi- under this subsection and the State plans re- Commission, determines to be essential to sional voting requirements guidelines are quired under this subsection shall be con- ensure compliance with the requirements of issued under section ll32(b), to implement sistent with the uniform and nondiscrim- this subtitle. the requirements under section ll31(b); and inatory election technology and administra- SEC. ll25. APPROVAL OF APPLICATIONS OF (3) on or after the date on which the sam- tion requirements under section ll31. STATES AND LOCALITIES. ple ballot requirements guidelines are issued (c) CONSULTATION.—In establishing the gen- (a) APPROVAL OF STATE APPLICATIONS.— under section ll32(c), to implement the re- eral policies and criteria under this section, (1) IN GENERAL.—The Attorney General, in quirements under section ll31(c). the Attorney General shall consult with the consultation with the Federal Election Com- SEC. ll23. GENERAL POLICIES AND CRITERIA Federal Election Commission. FOR THE APPROVAL OF APPLICA- SEC. ll24. SUBMISSION OF APPLICATIONS OF mission, shall approve applications in ac- TIONS OF STATES AND LOCALITIES; STATES AND LOCALITIES. cordance with the general policies and cri- REQUIREMENTS OF STATE PLANS. (a) SUBMISSION OF APPLICATIONS BY teria for the approval of applications estab- (a) GENERAL POLICIES.—The Attorney Gen- STATES.— lished under section ll23. eral shall establish general policies with re- (1) IN GENERAL.—Subject to paragraph (3), (2) PUBLICATION OF STATE PLANS AND SOLICI- spect to the approval of applications of the chief executive officer of each State de- TATION OF COMMENTS.—After receiving an ap- States and localities, the awarding of grants, siring to receive a grant under this subtitle plication of a State submitted under section and the use of assistance made available shall submit an application to the Attorney ll24(a)(1), the Attorney General shall pub- under this subtitle. General at such time, in such manner, and lish the State plan contained in that applica- (b) CRITERIA.— accompanied by such additional information tion in the Federal Register and solicit com- (1) IN GENERAL.—The Attorney General as the Attorney General, in consultation ments on the plan from the public. The pub- shall establish criteria with respect to the with the Federal Election Commission, may lication of and the solicitation of comments approval of applications of States and local- reasonably require. on such a plan pursuant to this subsection ities submitted under section ll24, includ- (2) CONTENTS OF APPLICATIONS.—Each appli- shall not be treated as an exercise of rule- ing the requirements for State plans under cation submitted under paragraph (1) shall making authority by the Attorney General paragraph (2). include the following: for purposes of subchapter II of chapter 5 of (2) REQUIREMENTS OF STATE PLANS.—The (A) STATE PLAN.—A State plan that— title 5, United States Code. Attorney General shall not approve an appli- (i) is developed in consultation with State (3) APPROVAL.—At any time after the expi- cation of a State unless the State plan of and local election officials; ration of the 30-day period which begins on that State provides for each of the following: (ii) describes the activities authorized the date the State plan is published in the (A) Uniform nondiscriminatory voting under section ll22 for which assistance Federal Register under subsection (a), and standards within the State for election ad- under this subtitle is sought; and taking into consideration any comments re- ministration and technology that— (iii) contains a detailed explanation of how ceived under such subsection, the Attorney (i) meet the requirements for voting sys- the State will comply with the requirements General, in consultation with the Federal tems, provisional voting, and sample ballots described in section ll23(b). Election Commission, shall approve or dis- described in section ll31; (B) COMPLIANCE WITH FEDERAL MATCHING approve the application that contains the (ii) provide for ease and convenience of REQUIREMENTS.—An assurance that the State State plan published under paragraph (2) in voting for all voters, including accuracy, will pay the non-Federal share of the costs of accordance with the general policies and cri- nonintimidation, and nondiscrimination; the activities for which assistance is sought teria established under section ll23. (iii) ensure conditions for voters with dis- from non-Federal sources that may be ac- (b) APPROVAL OF APPLICATIONS OF LOCAL- abilities, including nonvisual access for vot- companied by a request for a waiver of the ITIES.—If the Attorney General has approved ers with visual impairments, provide the matching requirements under section the application of a State under subsection same opportunity for access and participa- ll26(b)(2). (a), the Attorney General, in consultation tion by such voters, including privacy and (C) ADDITIONAL ASSURANCES.—Such addi- with the Federal Election Commission, may independence; tional assurances as the Attorney General, approve an application submitted by a local- (iv) ensure access for voters with limited in consultation with the Federal Election ity of that State under section ll24(b) in English language proficiency, voters who Commission, determines to be essential to accordance with the general policies and cri- need assistance in order to understand the ensure compliance with the requirements of teria established under section ll23. voting process or how to cast a ballot, and this subtitle. SEC. ll26. FEDERAL MATCHING FUNDS. other voters with special needs; (3) AVAILABILITY OF STATE PLANS FOR RE- (a) PAYMENTS.—The Attorney General (v) ensure compliance with the Voting Ac- VIEW AND COMMENT.—A State submitting an cessibility for the Elderly and Handicapped application under this section shall make shall pay to each State or locality having an Act (42 U.S.C. 1973ee et seq.); the State plan proposed to be included in application approved under section ll25 the (vi) ensure compliance with the Voting that application available to the public for Federal share of the cost of the activities de- Rights Act of 1965 (42 U.S.C. 1973 et seq.), in- review and comment prior to the submission scribed in that application. cluding sections 4(f)(4) and 203 of such Act (42 of the application. (b) FEDERAL SHARE.— U.S.C. 1973b(f)(4) and 1973aa–1a); (b) SUBMISSION OF APPLICATIONS BY LOCAL- (1) IN GENERAL.—Subject to paragraphs (2), (vii) ensure compliance with the National ITIES.— (3), and (4), for purposes of subsection (a), the Voter Registration Act of 1993 (42 U.S.C. (1) IN GENERAL.—If a State has submitted Federal share shall be 80 percent. 1973gg et seq.); and an application under subsection (a), a local- (2) WAIVER.—The Attorney General may (viii) ensure that overseas voters and ab- ity of that State may submit an application specify a Federal share greater than 80 per- sent uniformed service voters (as such terms for assistance to the Attorney General at cent under terms and conditions consistent are defined in section 107 of the Uniformed such time, in such manner, and accompanied with this subtitle. and Overseas Citizens Absentee Voting Act by such additional information as the Attor- (3) INCENTIVE FOR EARLY ACTION.—For any (42 U.S.C. 1973ff–6)) have a meaningful oppor- ney General, in consultation with the Fed- recipient of a grant whose application was tunity to exercise their voting rights as citi- eral Election Commission, may reasonably received prior to March 1, 2002, the Federal zens of the United States. require. share shall be 90 percent. (B) Accuracy of the records of eligible vot- (2) CONTENTS OF APPLICATIONS.—Each appli- (4) REIMBURSEMENT FOR COST OF MEETING ers in the States to ensure that legally reg- cation submitted by a locality under para- REQUIREMENTS.—With respect to the author- istered voters appear in such records and graph (1) shall include the following: ized activities described in section ll22(b) prevent any purging of such records to re- (A) CONSISTENCY WITH STATE PLAN.—Infor- insofar as a State or locality incurs expenses move illegal voters that result in the elimi- mation similar to the information required to meet the requirements of section ll31, nation of legal voters as well. to be submitted under the State plan under the Federal share shall be 100 percent. (C) Voter education programs regarding subsection (a)(2)(A) that is not inconsistent (c) NON-FEDERAL SHARE.—The non-Federal the right to vote and methodology and pro- with that plan. share of payments under this subtitle may be cedures for participating in elections and (B) NONDUPLICATION OF EFFORT.—Assur- in cash or in kind fairly evaluated, including training programs for election personnel and ances that any assistance directly provided planned equipment or services.

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.093 pfrm02 PsN: S01PT1 S10004 CONGRESSIONAL RECORD — SENATE October 1, 2001 SEC. ll27. AUDITS AND EXAMINATIONS OF tabulated, and shall provide the voter with (A) information regarding the date of the STATES AND LOCALITIES. the opportunity to correct any error before election and the hours during which polling (a) RECORDKEEPING REQUIREMENT.—Each the ballot is cast and tabulated. places will be open; recipient of a grant under this subtitle shall (2) If the voter selects votes for more than (B) instructions on how to cast a vote on keep such records as the Attorney General, one candidate for a single office, the voting the ballot; and in consultation with the Federal Election system shall notify the voter before the bal- (C) general information on voting rights Commission, shall prescribe. lot is cast and tabulated of the effect of cast- under Federal and applicable State laws and (b) AUDIT AND EXAMINATION.—The Attorney ing multiple votes for the office, and shall instructions on how to contact the appro- General and the Comptroller General, or any provide the voter with the opportunity to priate officials if these rights are alleged to authorized representative of the Attorney correct the ballot before the ballot is cast be violated. General or the Comptroller General, shall and tabulated. (2) PUBLICATION AND POSTING.—The sample audit any recipient of a grant under this sub- (3) If the voter selects votes for fewer than version of the ballot which will be used for title and shall have access to any record of a the number of candidates for which votes an election for Federal office and which is recipient of a grant under this subtitle that may be cast, the voting system shall notify mailed under paragraph (1) shall be pub- the Attorney General or the Comptroller the voter before the ballot is cast and tab- lished in a newspaper of general circulation General determines may be related to a ulated of the effect of such selection, and in the applicable geographic area not later grant received under this subtitle for the shall provide the voter with the opportunity than 10 days prior to the date of the election, purpose of conducting an audit or examina- to correct the ballot before the ballot is cast and shall be posted publicly at each polling tion. and tabulated. place on the date of the election. SEC. ll28. REPORTS TO CONGRESS AND THE AT- (4) The voting system shall produce a SEC. ll32. GUIDELINES AND TECHNICAL SPECI- TORNEY GENERAL. record with an audit capacity for each ballot FICATIONS. (a) REPORTS TO CONGRESS.—Not later than cast. (a) VOTING SYSTEMS REQUIREMENT SPECI- January 31, 2003, and each year thereafter, (5) The voting system shall be accessible FICATIONS.—In accordance with the require- the Attorney General shall submit to the for individuals with disabilities and other in- ments of this subtitle regarding technical President and Congress a report on the pro- dividuals with special needs, including pro- specifications, the Office of Election Admin- gram under this subtitle for the preceding viding nonvisual accessibility for the blind istration of the Federal Election Commis- year. Each report shall contain the fol- and visually impaired, which provides the sion shall develop national Voting Systems lowing: same opportunity for access and participa- Specifications with respect to the voting sys- (1) A description and analysis of any ac- tion (including privacy and independence) as tems requirement provided under section tivities funded by a grant awarded under this for other voters, and shall provide alter- ll31(a). subtitle. native language accessibility for individuals (b) PROVISIONAL VOTING GUIDELINES.—In (2) Any recommendation for legislative or with limited proficiency in the English lan- accordance with the requirements of this administrative action that the Attorney guage. subtitle regarding provisional voting, the General considers appropriate. (6) The error rate of a voting system in Civil Rights Division of the Department of (b) REPORTS TO THE ATTORNEY GENERAL.— counting and tabulating ballots (determined Justice shall develop initial guidelines with The Attorney General shall require each re- by taking into account only those errors respect to the provisional voting require- cipient of a grant under this subtitle to sub- which are attributable to the voting system ment provided for under section ll31(b). (c) SAMPLE BALLOT GUIDELINES.—In ac- mit reports to the Attorney General, at such and not attributable to the act of the voter) cordance with the requirements of this sub- time, in such manner, and containing such shall not exceed the error rate standards as title regarding sample ballots, the Civil information as the Attorney General con- established in the national Voting Systems Rights Division of the Department of Justice siders appropriate. Standards issued and maintained by the Of- shall develop initial guidelines with respect SEC. ll29. DEFINITIONS OF STATE AND LOCAL- fice of Election Administration of the Fed- to the sample ballot requirement provided ITY. eral Election Commission in effect on the for under section ll31(c). In this subtitle: date of enactment of this title and shall not SEC. ll33. REQUIRING STATES TO MEET RE- (1) STATE.—The term ‘‘State’’ means each be inconsistent with respect to the require- QUIREMENTS. of the several States, the District of Colum- ments under this section. (a) IN GENERAL.—Subject to subsection (b), bia, the Commonwealth of Puerto Rico, (b) PROVISIONAL VOTING.—If the name of an a State or locality shall meet the require- American Samoa, Guam, and the United individual who declares to be a registrant el- ments of section ll31 with respect to the States Virgin Islands. igible to vote at a polling place in an elec- regularly scheduled election for Federal of- (2) LOCALITY.—The term ‘‘locality’’ means fice held in the State in 2004 and each subse- a political subdivision of a State. tion for Federal office does not appear on the official list of registrants eligible to vote at quent election for Federal office held in the SEC. ll30. AUTHORIZATION OF APPROPRIA- the polling place, or it is otherwise asserted State, except that a State is not required to TIONS. meet the guidelines and technical specifica- by an election official that the individual is (a) AUTHORIZATION.— tions under section ll32 prior to the publi- not eligible to vote at the polling place— (1) IN GENERAL.—There are authorized to be cation of such guidelines and specifications. appropriated to the Department of Justice (1) an election official at the polling place (b) TREATMENT OF ACTIVITIES RELATING TO such sums as may be necessary for each of shall notify the individual that the indi- VOTING SYSTEMS UNDER GRANT PROGRAM.— fiscal years 2002, 2003, 2004, 2005, and 2006. vidual may cast a provisional ballot in the To the extent that a State has used funds (2) USE OF AMOUNTS.—Amounts appro- election; provided under the Election Technology and priated under paragraph (1) shall be for the (2) the individual shall be permitted to cast Administration Improvement grant program purpose of— a vote at that polling place upon written af- under section ll22(a) to purchase or modify (A) awarding grants under this title; and firmation by the individual before an elec- voting systems in accordance with the State (B) paying for the costs of administering tion official at that polling place that the in- plan contained in its approved application the program to award such grants. dividual is so eligible; under such program, the State shall be (3) FEDERAL ELECTION COMMISSION.—There (3) an election official at the polling place deemed to meet the requirements of section are authorized to be appropriated to the Fed- shall transfer the ballot cast by the indi- ll31(a). vidual to an appropriate State or local elec- eral Election Commission for each of fiscal SEC. ll34. ENFORCEMENT BY ATTORNEY GEN- years 2002, 2003, 2004, 2005, and 2006 such sums tion official for prompt verification of the ERAL. as may be necessary for the purpose of car- declaration made by the individual in the af- (a) IN GENERAL.—The Attorney General rying out the provisions of this title. firmation required under paragraph (2); may bring a civil action in an appropriate (b) LIMITATION.—Not more than 1 percent (4) if the appropriate State or local elec- district court for such relief (including de- of any sums appropriated under paragraph tion official verifies the declaration made by claratory or injunctive relief) as may be nec- (1) of subsection (a) may be used to pay for the individual in the affirmation, the indi- essary to carry out this subtitle. the administrative costs described in para- vidual’s vote shall be tabulated; and (b) ACTION THROUGH OFFICE OF CIVIL graph (2)(B) of such subsection. (5) the appropriate State or local election RIGHTS.—The Attorney General shall carry official shall notify the individual in writing Subtitle C—Requirements for Election out this section through the Office of Civil of the final disposition of the individual’s af- Technology and Administration Rights of the Department of Justice. firmation and the treatment of the individ- (c) RELATION TO OTHER LAWS.—The rem- SEC. ll31. UNIFORM AND NONDISCRIMINATORY ual’s vote. edies established by this section are in addi- REQUIREMENTS FOR ELECTION TECHNOLOGY AND ADMINISTRA- (c) SAMPLE BALLOT.— tion to all other rights and remedies pro- TION. (1) MAILINGS TO VOTERS.—Not later than 10 vided by law. (a) VOTING SYSTEMS.—Each voting system days prior to the date of an election for Fed- Subtitle D—Miscellaneous used in an election for Federal office shall eral office, the appropriate election official SEC. ll41. RELATIONSHIP TO OTHER LAWS. meet the following requirements: shall mail to each individual who is reg- (a) IN GENERAL.—Nothing in this title may (1) The voting system shall permit the istered to vote in such election a sample be construed to authorize or require conduct voter to verify the votes selected by the version of the ballot which will be used for prohibited under the following laws, or su- voter on a ballot before the ballot is cast and the election together with— persede, restrict, or limit such laws:

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.093 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10005 (1) The National Voter Registration Act of mation about such sites, but such permission by him to the bill S. 1438, to authorize 1993 (42 U.S.C. 1973gg et seq.). was not granted. appropriations for fiscal year 2002 for (2) The Voting Rights Act of 1965 (42 U.S.C. (7) Section 1078 of the Floyd D. Spence Na- military activities of the Department 1973 et seq.). tional Defense Authorization Act for Fiscal of Defense, for military constructions, (3) The Voting Accessibility for the Elderly Year 2001 (as enacted by Public Law 106–398; and Handicapped Act (42 U.S.C. 1973ee et 114 Stat. 1654A–282) requires the Secretary of and for defense activities of the De- seq.). Defense— partment of Energy, to prescribe per- (4) The Uniformed and Overseas Citizens (A) to review Department of Defense classi- sonnel strengths for such fiscal year Absentee Voting Act (42 U.S.C. 1973ff et seq.). fication and security policies; for the Armed Forces, and for other (5) The Americans with Disabilities Act of (B) to identify and notify former employ- purposes; which was ordered to lie on 1990 (42 U.S.C. 1994 et seq.). ees of defense nuclear weapons facilities who the table; as follows: (b) NO EFFECT ON PRECLEARANCE OR OTHER may have been exposed to radioactive or haz- At the end of subtitle B of title II, add the REQUIREMENTS UNDER VOTING RIGHTS ACT.— ardous substances associated with nuclear following: The approval by the Attorney General of a weapons at such facilities; and SEC. 215. BIG CROW PROGRAM AND DEFENSE State’s application for a grant under subtitle (C) to submit to Congress a report on such SYSTEMS EVALUATION PROGRAM. B, or any other action taken by the Attorney actions by May 1, 2001. (a) INCREASE IN AUTHORIZATION OF APPRO- General or a State under such subtitle, shall (8) It is critical to maintain national se- PRIATIONS FOR RESEARCH, DEVELOPMENT, not be considered to have any effect on re- crets regarding nuclear weapons, but more TEST, AND EVALUATION, DEFENSE-WIDE.—The quirements for preclearance under section 5 openness on nuclear weapons activities now amount authorized to be appropriated by of the Voting Rights Act of 1965 or any other consigned to history is needed to protect the section 201(4) for research, development, test, requirements of such Act. health of former workers at defense nuclear and evaluation, Defense-wide, is hereby in- weapons production facilities and the public. creased by $8,000,000, with the amount of the SA 1770. Mr. HARKIN submitted an (b) MODIFICATION OF GENERAL REQUIRE- increase to be available for operational test amendment intended to be proposed by MENTS.—Section 1078(b) of the Floyd D. and evaluation (PE605118D). him to the bill S. 1438, to authorize ap- Spence National Defense Authorization Act (b) AVAILABILITY OF FUNDS.—Of the propriations for fiscal year 2002 for for Fiscal Year 2001 (as enacted by Public amount authorized to be appropriated by Law 106–398; 114 Stat. 1654A–283) is amended— section 201(4), as increased by subsection military activities of the Department (1) in paragraph (1), by inserting ‘‘, or its of Defense, for military constructions, (a)— contractors or subcontractors,’’ after ‘‘De- (1) $6,600,000 shall be available for the Big and for defense activities of the De- partment of Defense’’; and Crow program; and partment of Energy, to prescribe per- (2) in paragraph (3), by striking ‘‘stored, (2) $1,500,000 shall be available for the De- sonnel strengths for such fiscal year assembled, disassembled, or maintained’’ and fense Systems Evaluation (DSE) program. for the Armed Forces, and for other inserting ‘‘manufactured, assembled, or dis- (c) OFFSET.—The amount authorized to be purposes; which was ordered to lie on assembled’’. appropriated by section 301(5) for operation (c) DETERMINATION OF EXPOSURES AT the table; as follows: and maintenance for Defense-wide activities IAAP.—The Secretary of Defense shall take is hereby reduced by $8,000,000. At the end of subtitle E of title X, add the appropriate actions to determine the nature following: and extent of the exposure of current and SA 1772. Mr. KENNEDY submitted an SEC. 1066. PROTECTION OF WORKER HEALTH AT former employees at the Army facility at the amendment intended to be proposed by IOWA ARMY AMMUNITION PLANT, Iowa Army Ammunition Plant, Iowa, includ- IOWA. ing contractor and subcontractor employees him to the bill S. 1438, to authorize ap- (a) FINDINGS.—Congress makes the fol- at the facility, to radioactive or other haz- propriations for fiscal year 2002 for lowing findings: ardous substances at the facility, including military activities of the Department (1) Workers at the Atomic Energy Commis- possible pathways for the exposure of such of Defense, for military constructions, sion nuclear weapons production facility at employees to such substances. and for defense activities of the De- the Iowa Army Ammunition Plant, Iowa (d) NOTIFICATION OF EMPLOYEES REGARDING partment of Energy, to prescribe per- EXPOSURE.—(1) The Secretary shall take ap- (IAAP), from 1947 to 1975 were exposed to ra- sonnel strengths for such fiscal year dioactive and other hazardous substances propriate actions to— that could harm their health. (A) identify current and former employees for the Armed Forces, and for other (2) Workers at the Army plant at the IAAP at the facility referred to in subsection (c), purposes; which was ordered to lie on worked for the same contractor as workers including contractor and subcontractor em- the table; as follows: in the nuclear weapons production facility, ployees at the facility; and Beginning on page 217, strike line 18 and at the same site, and sometimes in buildings (B) notify such employees of known or pos- all that follows through page 226, line 17, and that had been used for nuclear weapons sible exposures to radioactive or other haz- insert the following: work. Workers at the Army plant were ex- ardous substances at the facility. Subtitle A—TRICARE Benefits Modernization posed to many of the radioactive and other (2) Notice under paragraph (1)(B) shall include— SEC. 701. REQUIREMENT FOR INTEGRATION OF hazardous substances to which workers at BENEFITS. (A) information on the discussion of expo- the Atomic Energy Commission facility were (a) IN GENERAL.—The Secretary of Defense sures covered by such notice with health exposed. Some workers worked at both the shall— care providers and other appropriate persons Atomic Energy Commission facility and the (1) terminate the Individual Case Manage- who do not hold a security clearance; and Army plant. ment Program carried out under section (B) if necessary, appropriate guidance on (3) The policy of the Department of De- 1079(a)(17) of title 10, United States Code (as contacting health care providers and offi- fense to neither confirm nor deny the pres- in effect on September 30, 2001); and cials involved with cleanup of the facility ence of nuclear weapons at any site has pre- (2) integrate the beneficiaries under that who hold an appropriate security clearance. vented the Department from acknowledging program, and the furnishing of care to those the reason for some exposures of workers to (3) Notice under paragraph (1)(B) shall be by mail or other appropriate means, as de- beneficiaries, into the TRICARE program as radioactive or other hazardous substances at modified pursuant to the amendments made Department facilities, and secrecy oaths termined by the Secretary. (e) DEADLINE FOR ACTIONS.—The Secretary by this subtitle. have discouraged some workers from dis- shall complete the actions required by sub- (b) REPEAL OF SEPARATE AUTHORITY.—Sec- cussing possible exposure to such substances sections (c) and (d) not later than 60 days tion 1079 of title 10, United States Code, is at such facilities with their health care pro- after the date of the enactment of this Act. amended by striking paragraph (17). viders and other officials. (f) REPORT.—Not later than 60 days after (c) SAVINGS PROVISION.—Nothing in this (4) The Department of Energy has publicly the date of the enactment of this Act, the subtitle or the amendments made by this acknowledged that nuclear weapons were Secretary shall submit to the Committees on subtitle shall be construed— manufactured and dismantled at the IAAP Armed Services of the Senate and House of (1) to modify any eligibility requirement before the plant was closed more than 25 Representatives a report setting forth the re- for any person receiving benefits under the years ago. sults of the actions undertaken by the Sec- Individual Case Management Program before (5) In the past, the Department of Defense retary under this section, including any de- October 1, 2001; or has publicly acknowledged that the United terminations under subsection (c), the num- (2) to terminate any benefits available States had nuclear weapons in Alaska, Ha- ber of workers identified under subsection under that program before that date. waii, Puerto Rico, Guam, Johnston Island, (d)(1)(A), the content of the notice to such (d) CONSULTATION REQUIREMENT.—The Sec- Midway Islands, the United Kingdom, West workers under subsection (d)(1)(B), and the retary of Defense shall consult with the Germany, and Cuba, but has denied having status of progress on the provision of the no- other administering Secretaries referred to weapons in Iceland. tice to such workers under subsection in section 1072(3) of title 10, United States (6) The Department of the Army in 1999 re- (d)(1)(B). Code, in carrying out this section. quested permission to release the names of SEC. 702. DOMICILIARY AND CUSTODIAL CARE. Army installations that were former nuclear SA 1771. Mr. BINGAMAN submitted (a) AUTHORITY.—Section 1077 of title 10, weapons storage sites, and to release infor- an amendment intended to be proposed United States Code, is amended—

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.093 pfrm02 PsN: S01PT1 S10006 CONGRESSIONAL RECORD — SENATE October 1, 2001 (1) in subsection (b)(1), by inserting before to reside in a community based care setting ‘‘(D) Institutional care in private non- the period end the following: ‘‘, except as instead of an institution. profit, public, and State institutions and fa- provided in subsection (e)’’; and ‘‘(c) DURATION OF POST-HOSPITAL EXTENDED cilities and, when appropriate, transpor- (2) by adding at the end the following new CARE SERVICES.—The post-hospital extended tation to and from such institutions and fa- subsection: care services provided in a skilled nursing fa- cilities. ‘‘(e) The prohibition in subsection (b)(1) cility to a patient during a spell of illness ‘‘(E) Any other services and supplies deter- does not apply to domiciliary care or custo- under subsection (b)(3) shall continue for as mined appropriate under regulations pre- dial care that is provided to a patient by a long as is medically necessary and appro- scribed under paragraph (9). physician, nurse, paramedic, or other health priate. The limitation on the number of days ‘‘(3) The extended benefits under paragraph care provider incident to other health care of coverage under subsections (a)(2) and (1) may also include respite care for the pri- authorized under subsection (a), whether or (b)(2)(A) of section 1812 of the Social Secu- mary caregiver of a dependent eligible for not— rity Act (42 U.S.C. 1395d) shall not apply with extended benefits under this subsection. ‘‘(1) the potential for the patient’s condi- respect to the care provided that patient. ‘‘(4) Home health supplies and services may tion of illness, injury, or bodily malfunction ‘‘(d) COMMUNITY BASED SERVICES.—(1) To be provided to a dependent under paragraph to improve might be nonexistent or minimal; qualify for community based services under (2)(B) as other than part-time or intermit- or this section, a patient shall require a level of tent services (as determined in accordance ‘‘(2) the care is provided for the purposes of care that— with the second sentence of section 1861(m) maintaining function and preventing dete- ‘‘(A) is available to the patient in a nurs- of the Social Security Act (42 U.S.C. rioration.’’. ing facility or hospital; and 1395x(m)) only if— (b) DOMICILIARY AND CUSTODIAL CARE DE- ‘‘(B) if such level of care were provided to ‘‘(A) the provision of such supplies and FINED.—Section 1072 of such title is amended the patient in such a nursing facility or hos- services in the home of the dependent is by adding at the end the following new para- pital, would be paid for (in whole or in part) medically appropriate; and graphs: under this chapter at a cost to the United ‘‘(B) the cost of the provision of such sup- ‘‘(8) The term ‘domiciliary care’ means States that is equal to or greater than the plies and services to the dependent is equal treatment or services involving assistance cost that would be incurred by the United to or less than the cost of the provision of with the performance of activities of daily States to provide the community based serv- similar supplies and services to the depend- living that is provided to a patient in a ices to the patient under this section. ent in a skilled nursing facility. home-like setting because— ‘‘(2) Community based services may only ‘‘(5) Subsection (a)(13) shall not apply to the provision of care and services determined ‘‘(A) the treatment or services are not be provided to a patient under this section in appropriate to be provided as extended bene- available, or are not suitable to be provided, accordance with a plan of care established by the patient’s physician. fits under this subsection. to the patient in the patient’s home; or ‘‘(6) Subject to paragraph (7), a member of ‘‘(B) no member of the patient’s family is ‘‘(e) REGULATIONS.—The Secretary of De- fense shall, after consultation with the other the uniformed services shall pay a share of willing to provide the treatment or services. the cost of any care and services provided as ‘‘(9) The term ‘custodial care’— administering Secretaries, prescribe regula- tions to carry out this section. extended benefits to any of the dependents of ‘‘(A) means treatment or services that— the member under this subsection as follows: ‘‘(i) could be provided safely and reason- ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘extended care services’ has ‘‘(A) In the case of a member in the lowest ably by a person not trained as a physician, enlisted pay grade, the first $25 of the cumu- nurse, paramedic, or other health care pro- the meaning given the term in subsection (h) of section 1861 of the Social Security Act (42 lative costs of all care furnished to one or vider; or more dependents of the member in a month. ‘‘(ii) are provided principally to assist the U.S.C. 1395x). ‘‘(2) The term ‘post-hospital extended serv- ‘‘(B) In the case of a member in the highest recipient of the treatment or services with commissioned pay grade, the first $250 of the the performance of activities of daily living; ices’ has the meaning given the term in sub- section (i) of section 1861 of the Social Secu- cumulative costs of all care furnished to one and or more dependents of the member in a ‘‘(B) includes any treatment or service de- rity Act (42 U.S.C. 1395x). ‘‘(3) The term ‘home health services’ has month. scribed in subparagraph (A) without regard ‘‘(C) In the case of a member in any other to— the meaning given the term in subsection (m) of section 1861 of the Social Security Act pay grade, a fixed amount of the cumulative ‘‘(i) the source of any recommendation to costs of all care furnished to one or more de- provide the treatment or service; and (42 U.S.C. 1395x). ‘‘(4) The term ‘skilled nursing facility’ has pendents of the member in a month, as pre- ‘‘(ii) the setting in which the treatment or scribed for that pay grade in regulations pre- service is provided.’’. the meaning given the term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i– scribed under paragraph (9). SEC. 703. LONG TERM CARE. 3(a)). ‘‘(7)(A) In the case of extended benefits pro- (a) LIMITATION.—Chapter 55 of title 10, vided under subparagraph (C) or (D) of para- ‘‘(5) The term ‘spell of illness’ has the United States Code, is amended by inserting graph (2) to a dependent of a member of the meaning given the term in subsection (a) of after section 1074i the following new section: uniformed services— section 1861 of the Social Security Act (42 ‘‘(i) the Government’s share of the total ‘‘§ 1074j. Long term care benefits program U.S.C. 1395x).’’. cost of providing such benefits in any month ‘‘(a) REQUIREMENT FOR PROGRAM.—The Sec- (b) CLERICAL AMENDMENT.—The table of retary of Defense shall provide long term sections at the beginning of such chapter is shall not exceed $2,500, except for costs that health care benefits under the TRICARE pro- amended by inserting after the item relating a member is exempt from paying under sub- gram in an effective and efficient manner to section 1074i the following new item: paragraph (B); and ‘‘(ii) the member shall pay (in addition to that integrates those benefits with the bene- ‘‘1074j. Long term care benefits program.’’. fits provided on a less than a long term basis any amount payable under paragraph (6)) the SEC. 704. EXTENDED BENEFITS FOR DISABLED amount, if any, by which the amount of such under the TRICARE program. BENEFICIARIES. total cost for the month exceeds the Govern- ‘‘(b) AUTHORIZED CARE.—The types of Section 1079 of title 10, United States Code, ment’s maximum share under clause (i). health care authorized to be provided under is amended by striking subsections (d), (e), this section shall include the following: ‘‘(B) A member of the uniformed services and (f) and inserting the following: who incurs expenses under subparagraph (A) ‘‘(1) The types of health care authorized to ‘‘(d)(1) The health care benefits contracted for a month for more than one dependent be acquired by contract under section 1079 of for under this section shall include extended shall not be required to pay for the month this title. benefits for dependents referred to in the under clause (ii) of that subparagraph an ‘‘(2) Extended care services. first sentence of subsection (a) who have any amount greater than the amount the mem- ‘‘(3) Post-hospital extended care services. of the following qualifying conditions: ber would otherwise be required to pay under ‘‘(4) Comprehensive intermittent home ‘‘(A) Moderate or severe mental retarda- that clause for the month if the member health services. tion. were incurring expenses under that subpara- ‘‘(5) Subject to subsection (d), community ‘‘(B) A serious physical disability. graph for only one dependent. based services, as follows:. ‘‘(C) Any extraordinary physical or psycho- ‘‘(8) To qualify for extended benefits under ‘‘(A) Nursing services provided by or under logical condition. subparagraph (C) or (D) of paragraph (2), a the supervision of a nurse. ‘‘(2) The extended benefits under paragraph dependent of a member of the uniformed ‘‘(B) Therapy services. (1) may include comprehensive health care services shall be required to use public facili- ‘‘(C) Medical equipment and supplies. and case management services, to the extent ties to the extent such facilities are avail- ‘‘(D) In the case of a patient with concur- not otherwise provided under this chapter able and adequate, as determined under joint rent skilled care needs, the following: with respect to a qualifying condition, as fol- regulations of the administering Secretaries. ‘‘(i) Home health aide services. lows: ‘‘(9) The Secretary of Defense, in consulta- ‘‘(ii) Performance of chores. ‘‘(A) Diagnosis. tion with the other administering Secre- ‘‘(iii) Adult day care services. ‘‘(B) Inpatient, outpatient, and comprehen- taries, shall prescribe regulations to carry ‘‘(iv) Respite care. sive home health supplies and services. out this subsection.’’. ‘‘(v) Any other medical or social service ‘‘(C) Training and rehabilitation, including SEC. 705. CONFORMING REPEALS. that contributes to the health and well-being special education and assistive technology The following provisions of law are re- of the patient and the ability of the patient devices. pealed:

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.081 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10007 (1) Section 703 of the National Defense Au- rale of the fire and police departments. Addi- clerical in nature but requires the consistent thorization Act for Fiscal Year 2000 (Public tionally, these factors could have significant exercise of independent judgment; and Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note). commercial repercussions. Moreover, pro- (B) devotes a majority of time at work ex- (2) Section 8118 of the Department of De- viding minimal standards for collective bar- ercising such authority. fense Appropriations Act, 2000 (Public Law gaining negotiations in the public safety sec- SEC. ll04. DETERMINATION OF RIGHTS AND RE- 106–79; 113 Stat. 1260). tor can prevent industrial strife between SPONSIBILITIES. (3) Section 8100 of the Department of De- labor and management that interferes with (a) DETERMINATION.— fense Appropriations Act, 2001 (Public Law the normal flow of commerce. (1) IN GENERAL.—Not later than 180 days 106–259; 114 Stat. 696). SEC. ll03. DEFINITIONS. after the date of enactment of this Act, the SEC. 710A. REPORT TO CONGRESS ON RELATION- In this title: Authority shall make a determination as to whether a State substantially provides for SHIP AMONG FEDERAL LONG-TERM (1) AUTHORITY.—The term ‘‘Authority’’ CARE INITIATIVES. means the Federal Labor Relations Author- the rights and responsibilities described in subsection (b). Not later than April 1, 2002, the Secretary ity. (2) SUBSEQUENT DETERMINATIONS.— of Defense shall submit to Congress a report (2) EMERGENCY MEDICAL SERVICES PER- (A) IN GENERAL.—A determination made on the relationship and compatibility of the SONNEL.—The term ‘‘emergency medical pursuant to paragraph (1) shall remain in ef- long term care insurance program under services personnel’’ means an individual who fect unless and until the Authority issues a chapter 90 of title 5, United States Code (as provides out-of-hospital emergency medical subsequent determination, in accordance added by the Federal Long-Term Care Secu- care, including an emergency medical tech- with the procedures set forth in subpara- rity Act), and other initiatives of the Fed- nician, paramedic, or first responder. graph (B). eral Government to provide long term care (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The (B) PROCEDURES FOR SUBSEQUENT DETER- benefits for which members of the uniformed terms ‘‘employer’’ and ‘‘public safety agen- MINATIONS.—Upon establishing that a mate- services and their dependents are or would be cy’’ mean any State, political subdivision of rial change in State law or its interpretation eligible. a State, the District of Columbia, or any ter- has occurred, an employer or a labor organi- SEC. 710B. EFFECTIVE DATE. ritory or possession of the United States zation may submit a written request for a This subtitle and the amendments made by that employs public safety officers. subsequent determination. If satisfied that a this subtitle shall take effect on October 1, (4) FIREFIGHTER.—The term ‘‘firefighter’’ material change in State law or its interpre- 2001. has the meaning given the term ‘‘employee tation has occurred, the Director shall issue engaged in fire protection activities’’ in sec- a subsequent determination not later than 30 SA 1773. Mr. KENNEDY submitted an tion 3(y) of the Fair Labor Standards Act (29 days after receipt of such request. amendment intended to be proposed by U.S.C. 203(y)). (3) JUDICIAL REVIEW.—Any State, political (5) LABOR ORGANIZATION.—The term ‘‘labor him to the bill S. 1438, to authorize ap- subdivision of a State, or person aggrieved organization’’ means an organization com- propriations for fiscal year 2002 for by a determination of the Authority under posed in whole or in part of employees, in military activities of the Department this section may, during the 60 day period which employees participate, and which rep- of Defense, for military constructions, beginning on the date on which the deter- resents such employees before public safety mination was made, petition any United and for defense activities of the De- agencies concerning grievances, conditions States Court of Appeals in the circuit in partment of Energy, to prescribe per- of employment and related matters. which the person resides or transacts busi- sonnel strengths for such fiscal year (6) LAW ENFORCEMENT OFFICER.—The term ness or in the District of Columbia circuit, for the Armed Forces, and for other ‘‘law enforcement officer’’ has the meaning for judicial review. In any judicial review of given such term in section 1204(5) of the Om- purposes; which was ordered to lie on a determination by the Authority, the proce- nibus Crime Control and Safe Streets Act of the table; as follows: dures contained in subsections (c) and (d) of 1968 (42 U.S.C. 3796b(5)). At the appropriate place, insert the fol- section 7123 of title 5, United States Code, (7) MANAGEMENT EMPLOYEE.—The term lowing: shall be followed, except that any final de- ‘‘management employee’’ has the meaning termination of the Authority with respect to TITLE—PUBLIC SAFETY EMPLOYER- given such term under applicable State law questions of fact or law shall be found to be EMPLOYEE COOPERATION in effect on the date of enactment of this conclusive unless the court determines that SEC. ll01. SHORT TITLE. Act. If no such State law is in effect, the the Authority’s decision was arbitrary and This title may be cited as the ‘‘Public term means an individual employed by a capricious. Safety Employer-Employee Cooperation Act public safety employer in a position that re- (b) RIGHTS AND RESPONSIBILITIES.—In mak- of 2001’’. quires or authorizes the individual to formu- ing a determination described in subsection SEC. ll02. DECLARATION OF PURPOSE AND late, determine, or influence the policies of (a), the Authority shall consider whether POLICY. the employer. State law provides rights and responsibilities The Congress declares that the following is (8) PUBLIC SAFETY OFFICER.—The term comparable to or greater than the following: the policy of the United States: ‘‘public safety officer’’— (1) Granting public safety officers the right (1) Labor-management relationships and (A) means an employee of a public safety to form and join a labor organization, which partnerships are based on trust, mutual re- agency who is a law enforcement officer, a may exclude management and supervisory spect, open communication, bilateral con- firefighter, or an emergency medical services employees, that is, or seeks to be, recognized sensual problem solving, and shared account- personnel; as the exclusive bargaining representative of ability. Labor-management cooperation (B) includes an individual who is tempo- such employees. fully utilizes the strengths of both parties to rarily transferred to a supervisory or man- (2) Requiring public safety employers to best serve the interests of the public, oper- agement position; and recognize the employees’ labor organization ating as a team, to carry out the public safe- (C) does not include a permanent super- (freely chosen by a majority of the employ- ty mission in a quality work environment. In visory or management employee. ees), to agree to bargain with the labor orga- many public safety agencies it is the union (9) SUBSTANTIALLY PROVIDES.—The term nization, and to commit any agreements to that provides the institutional stability as ‘‘substantially provides’’ means compliance writing in a contract or memorandum of un- elected leaders and appointees come and go. with the essential requirements of this title, derstanding. (2) The Federal Government needs to en- specifically, the right to form and join a (3) Permitting bargaining over hours, courage conciliation, mediation, and vol- labor organization, the right to bargain over wages, and terms and conditions of employ- untary arbitration to aid and encourage em- wages, hours, and conditions of employment, ment. ployers and their employees to reach and the right to sign an enforceable contract, (4) Requiring an interest impasse resolu- maintain agreements concerning rates of and availability of some form of mechanism tion mechanism, such as fact-finding, medi- pay, hours, and working conditions, and to to break an impasse, such as arbitration, me- ation, arbitration or comparable procedures. make all reasonable efforts through negotia- diation, or fact finding. (5) Requiring enforcement through State tions to settle their differences by mutual (10) SUPERVISORY EMPLOYEE.—The term courts of— agreement reached through collective bar- ‘‘supervisory employee’’ has the meaning (A) all rights, responsibilities, and protec- gaining or by such methods as may be pro- given such term under applicable State law tions provided by State law and enumerated vided for in any applicable agreement for the in effect on the date of enactment of this in this section; and settlement of disputes. Act. If no such State law is in effect, the (B) any written contract or memorandum (3) The absence of adequate cooperation be- term means an individual, employed by a of understanding. tween public safety employers and employ- public safety employer, who— (c) FAILURE TO MEET REQUIREMENTS.—If ees has implications for the security of em- (A) has the authority in the interest of the the Authority determines, acting pursuant ployees and can affect interstate and intra- employer to hire, direct, assign, promote, re- to its authority under subsection (a), that a state commerce. The lack of such labor-man- ward, transfer, furlough, lay off, recall, sus- State does not substantially provide for the agement cooperation can detrimentally im- pend, discipline, or remove public safety offi- rights and responsibilities described in sub- pact the upgrading of police and fire services cers, to adjust their grievances, or to effec- section (b), such State shall be subject to the of local communities, the health and well- tively recommend such action, if the exer- regulations and procedures described in sec- being of public safety officers, and the mo- cise of the authority is not merely routine or tion ll05.

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.081 pfrm02 PsN: S01PT1 S10008 CONGRESSIONAL RECORD — SENATE October 1, 2001 SEC. ll05. ROLE OF FEDERAL LABOR RELA- SEC. ll07. EXISTING COLLECTIVE BARGAINING tracted by the Department of Defense, if he TIONS AUTHORITY. UNITS AND AGREEMENTS. determines that a Federal Prison Industries (a) IN GENERAL.—Not later than 1 year A certification, recognition, election-held, product is not comparable in price, quality, after the date of enactment of this Act, the collective bargaining agreement or memo- and time of delivery to products available Authority shall issue regulations in accord- randum of understanding which has been from the private sector. ance with the rights and responsibilities de- issued, approved, or ratified by any public scribed in section ll04(b) establishing col- employee relations board or commission or SA 1775. Mr. GRAMM submitted an lective bargaining procedures for public safe- by any State or political subdivision or its amendment intended to be proposed by ty employers and officers in States which agents (management officials) in effect on him to the bill S. 1438, to authorize ap- the Authority has determined, acting pursu- the day before the date of enactment of this propriations for fiscal year 2002 for ant to its authority under section ll04(a), Act shall not be invalidated by the enact- do not substantially provide for such rights ment of this Act. military activities of the Department and responsibilities. SEC. 08. CONSTRUCTION AND COMPLIANCE. of Defense, for military constructions (b) ROLE OF THE FEDERAL LABOR RELATIONS (a) CONSTRUCTION.—Nothing in this title and for defense activities of the De- AUTHORITY.—The Authority, to the extent shall be construed— partment of Energy, to prescribe per- provided in this title and in accordance with (1) to invalidate or limit the remedies, sonnel strengths for such fiscal year regulations prescribed by the Authority, rights, and procedures of any law of any for the Armed Forces, and for other shall— State or political subdivision of any State or purposes; which was ordered to lie on (1) determine the appropriateness of units jurisdiction that provides collective bar- the table; as follows: for labor organization representation; gaining rights for public safety officers that (2) supervise or conduct elections to deter- are equal to or greater than the rights pro- On page 264, strike all on line 11 through mine whether a labor organization has been vided under this title; or the period on page 266, line 6, and insert in selected as an exclusive representative by a (2) to prevent a State from prohibiting bar- lieu thereof the following: majority of the employees in an appropriate gaining over issues which are traditional and (b) LIMITED COMPETITION REQUIREMENT.—If unit; customary management functions, except as the Secretary determines that a Federal (3) resolve issues relating to the duty to provided in section ll04(b)(3). Prison Industries product (including a prod- bargain in good faith; (b) COMPLIANCE.—No State shall preempt uct that is integral to, or embedded in, a (4) conduct hearings and resolve com- laws or ordinances of any of its political sub- product that is not available from Federal plaints of unfair labor practices; divisions if such laws provide collective bar- Prison industries) is not comparable in price, (5) resolve exceptions to the awards of arbi- gaining rights for public safety officers that quality, and time of delivery to products trators; and are equal to or greater than the rights pro- available from the private sector, the Sec- (6) take such other actions as are nec- vided under this title. retary may use competitive procedures for essary and appropriate to effectively admin- SEC. 09. AUTHORIZATION OF APPROPRIATIONS. the procurement of the product. In con- ducting such a competition, the Secretary ister this title, including issuing subpoenas There are authorized to be appropriated shall consider a timely offer from Federal requiring the attendance and testimony of such sums as may be necessary to carry out Prison Industries for award in accordance witnesses and the production of documen- the provisions of this title. tary or other evidence from any place in the with the specifications and evaluation fac- TITLE—ANTI-TERRORISM TRAINING United States, and administering oaths, tak- tors specified in the solicitation. GRANTS ing or ordering the taking of depositions, or- dering responses to written interrogatories, As authorized by Sections 819 and 821 of SA 1776. Mr. GRAMM submitted an and receiving and examining witnesses. the Antiterrorism and Effective Death Pen- amendment intended to be proposed by alty Act of 1996, $12,600,000 is designated to (c) ENFORCEMENT.— him to the bill S. 1438, to authorize ap- the Office for State and Local Domestic Pre- (1) AUTHORITY TO PETITION COURT.—The Au- propriations for fiscal year 2002 for thority may petition any United States paredness Support in the Department of Jus- tice for purposes of making grants to train military activities of the Department Court of Appeals with jurisdiction over the of Defense, for military constructions, parties, or the United States Court of Ap- fire fighters to respond to acts of terrorism. peals for the District of Columbia Circuit, to Grants shall be made to national nonprofit and for defense activities of the De- enforce any final orders under this section, employee organizations that have experience partment of Energy, to prescribe per- and for appropriate temporary relief or a re- in providing terrorism response training sonnel strengths for such fiscal year straining order. Any petition under this sec- using skilled instructors, who are both fire for the Armed Forces, and for other tion shall be conducted in accordance with fighters and certified instructors, to train purposes, which was ordered to lie on fire fighters to safely and effectively respond subsections (c) and (d) of section 7123 of title the table; as follows: 5, United States Code, except that any final to terrorist attacks. On page 294, between lines 16 and 17, insert order of the Authority with respect to ques- There are authorized to be appropriated the following: tions of fact or law shall be found to be con- $12,600,000 to carry out this provision. clusive unless the court determines that the SEC. 833. INCREASED THRESHOLD AMOUNT FOR Authority’s decision was arbitrary and capri- SA 1774. Mr. GRAMM submitted an APPLICABILITY OF DAVIS-BACON amendment intended to be proposed by ACT AND SERVICE CONTRACT ACT cious. OF 1965. (2) PRIVATE RIGHT OF ACTION.—Unless the him to the bill S. 1438, to authorize ap- (a) DAVIS-BACON ACT.—Section 1(a) of the Authority has filed a petition for enforce- propriations for fiscal year 2002 for Act of March 3, 1931 (popularly known as the ment as provided in paragraph (1), any party military activities of the Department ‘‘Davis-Bacon Act’’; 40 U.S.C. 276a(a)), is has the right to file suit in a State court of of Defense, for military constructions, amended by striking ‘$2,000’’ in the first sen- competent jurisdiction to enforce compli- and for defense activities of the De- tence and inserting ‘‘$1,000,000’’. ance with the regulations issued by the Au- partment of Energy, to prescribe per- (b) SERVICE CONTRACT ACT OF 1965.—Sec- thority pursuant to subsection (b), and to en- tion 2(a) of the Service Contract Act of 1965 force compliance with any order issued by sonnel strengths for such fiscal year (41 U.S.C. 351) is amended by striking the Authority pursuant to this section. The for the Armed Forces, and for other ‘‘$2,500’’ and inserting $1,000,000’’. right provided by this subsection to bring a purposes; which was ordered to lie on suit to enforce compliance with any order the table; as follows: issued by the Authority pursuant to this sec- SA 1777. Mr. GRAMM submitted an On page 264, strike all on line 11 through amendment intended to be proposed by tion shall terminate upon the filing of a peti- the period on page 266, line 6, and insert in tion seeking the same relief by the Author- lieu thereof the following: him to the bill S. 1438, to authorize ap- ity. (b) LIMITED COMPETITION REQUIREMENT.—If propriations for fiscal year 2002 for SEC. ll06. STRIKES AND LOCKOUTS PROHIB- the Secretary determines that a Federal military activities of the Department ITED. Prison Industries product is not comparable of Defense, for military constructions, A public safety employer, officer, or labor in price, quality, and time of delivery to and for defense activities of the De- organization may not engage in a lockout, products available from the private sector, partment of Energy, to prescribe per- sickout, work slowdown, or strike or engage the Secretary may use competitive proce- sonnel strengths for such fiscal year in any other action that is designed to com- dures for the procurement of the product. In for the Armed Forces, and for other pel an employer, officer, or labor organiza- conducting such a competition, the Sec- tion to agree to the terms of a proposed con- retary shall consider a timely offer from purposes; which was ordered to lie on tract and that will measurably disrupt the Federal Prison Industries for award in ac- the table; as follows: delivery of emergency services, except that cordance with the specifications and evalua- Strike Section 821 and insert in lieu therof it shall not be a violation of this section for tion factors specified in the solicitation. The the following: an employer, officer, or labor organization to Secretary may employ the same procedures SEC. 821. The General Accounting Office refuse to provide services not required by the in relation to Federal Prison Industries prod- shall conduct a study of existing procure- terms and conditions of an existing contract. ucts purchased by private vendors con- ment procedures, regulations, and statutes

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.094 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10009 which govern procurement transactions be- loans and guarantee loans for the purpose of Navy or the Marine Corps during World War tween the Department of Defense and Fed- supporting the attainment of the objectives II, was not available to accept a promotion eral Prison Industries, and any joint rec- set forth in subsection (b). for which the claimant was approved. ommendation of the Department of Defense ‘‘(b) OBJECTIVES.—The Secretary may, (b) PROPER CLAIMANT FOR DECEASED and Department of Justice. A report con- under the program, make a direct loan to an FORMER MEMBER.—In the case of a person de- taining the findings of the study and rec- applicant or guarantee the payment of the scribed in subsection (a) who is deceased, the ommendations on the means to improve the principal and interest of a loan made to an back pay for that deceased person under this efficiency and reduce the cost of such trans- applicant upon the Secretary’s determina- section shall be paid to a member or mem- actions shall be submitted to the Senate tion that the applicant’s use of the proceeds bers of the family of the deceased person de- Committee on Armed Services not later than of the loan will support the attainment of termined appropriate in the same manner as April 30, 2002. any of the following objectives: is provided in section 6(c) of the War Claims ‘‘(1) Sustain the readiness of the United Act of 1948 (50 U.S.C. App. 2005(c)). SA 1778. Mr. GRAMM submitted an States to carry out the national security ob- (c) AMOUNT OF BACK PAY.—(1) Subject to amendment intended to be proposed by jectives of the United States through the paragraph (2), the amount of back pay pay- him to the bill S. 1438, to authorize ap- guarantee of steady domestic production of able to or for a person described in sub- propriations for fiscal year 2002 for items necessary for low intensity conflicts to section (a) is the amount equal to the excess of— military activities of the Department counter terrorism or other imminent threats to the national security of the United (A) the total amount of basic pay that of Defense, for military constructions, States. would have been paid to that person for serv- and for defense activities of the De- ‘‘(2) Sustain the economic stability of stra- ice in the Navy or the Marine Corps if the partment of Energy, to prescribe per- tegically important domestic sectors of the person had been promoted on the date on sonnel strengths for such fiscal year defense industry that manufacture or con- which the promotion was approved, over for the Armed Forces, and for other struct products for low-intensity conflicts (B) the total amount of basic pay that was purposes; which was ordered to lie on and counter terrorism to respond to attacks paid to or for that person for such service on the table; as follows: on United States national security and to and after that date. protect potential United States civilian and (2) The amount determined for a person Strike section 821, and insert in lieu there- military targets from attack. under paragraph (1) shall be increased to re- of the following: ‘‘(3) Sustain the production and use of sys- flect increases in cost of living since the ‘‘SEC. 821. PURCHASES FROM FEDERAL PRISON tems that are critical for the exploration and basic pay referred to in paragraph (1)(B) was INDUSTRIES. development of new domestic energy sources paid to or for that person, calculated on the ‘‘The Secretary of Defense, in consultation for the United States. basis of the Consumer Price Index (all with the Attorney General and the Chief Ex- ‘‘(c) CONDITIONS.—A loan made or guaran- items—United States city average) published ecutive Officer of Federal Prison Industries, teed under the program shall meet the fol- monthly by the Bureau of Labor Statistics. shall conduct a thorough review of procure- lowing requirements: (d) TIME LIMITATIONS.—(1) To be eligible ment procedures involving the purchase of ‘‘(1) The period for repayment of the loan for a payment under this section, a claimant good from Federal Prison Industries. Fol- may not exceed five years. must file a claim for such payment with the lowing such review, the Secretary of Defense ‘‘(2) The loan shall be secured by primary Secretary of Defense within two years after may, in consultation with the Attorney Gen- collateral that is sufficient to pay the total the effective date of the regulations imple- eral and the Chief Executive Officer of Fed- amount of the unpaid principal and interest menting this section. eral Prison Industries, override the denial of of the loan in the event of default. (2) Not later than 18 months after receiving any waiver sought by the Department of De- ‘‘(d) EVALUATION OF COST.—As part of the a claim for payment under this section, the fense from mandatory source requirements, consideration of each application for a loan Secretary shall determine the eligibility of if he concludes that such an override is in or for a guarantee of the loan under the pro- the claimant for payment of the claim. Sub- the public interest.’’. gram, the Secretary shall evaluate the cost ject to subsection (f), if the Secretary deter- of the loan within the meaning of section mines that the claimant is eligible for the SA 1779. Mr. GRAMM submitted an 502(5) of the Federal Credit Reform Act of payment, the Secretary shall promptly pay amendment intended to be proposed by 1990 (2 U.S.C. 661a(5)).’’. the claim. him to the bill S. 1438, to authorize ap- (2) The table of sections at the beginning of (e) REGULATIONS.—The Secretary of De- propriations for fiscal year 2002 for such section is amended by adding at the end fense shall prescribe regulations to carry out the following new item: this section. Such regulations shall include military activities of the Department procedures by which persons may submit ‘‘2228. Department of Defense strategic loan of Defense, for military constructions, claims for payment under this section. Such and loan guaranty program.’’. and for defense activities of the De- regulations shall be prescribed not later than (b) FUNDING.—Of the amounts appropriated partment of Energy, to prescribe per- six months after the date of the enactment by Public Law 107–38, there shall be available of this Act. sonnel strengths for such fiscal year such sums as may be necessary for the costs (f) LIMITATION ON DISBURSEMENT.—(1) Not- for the Armed Forces, and for other (as defined in section 502(5) of the Federal withstanding any power of attorney, assign- purposes; which was ordered to lie on Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of ment of interest, contract, or other agree- direct loans and loan guarantees made under the table; as follows: ment, the actual disbursement of a payment section 2228 of title 10, United States Code, On page 264, strike all on line 21 through under this section may be made only to each as added by subsection (a). the period on page 266, line 6. person who is eligible for the payment under subsection (a) or (b) and only— Mr. MCCAIN submitted an SA 1780. Mr. COCHRAN submitted an SA 1781. (A) upon the appearance of that person, in amendment intended to be proposed by amendment intended to be proposed by person, at any designated disbursement of- him to the bill S. 1438, to authorize ap- him to the bill S. 1438, to authorize ap- fice in the United States or its territories; or propriations for fiscal year 2002 for propriations for fiscal year 2002 for (B) at such other location or in such other military activities of the Department military activities of the Department manner as that person may request in writ- of Defense, for military constructions, of Defense, for military constructions, ing. (2) In the case of a claim approved for pay- and for defense activities of the De- and for defense activities of the De- partment of Energy, to prescribe per- ment but not disbursed as a result of oper- partment of Energy, to prescribe per- ation of paragraph (1), the Secretary of De- sonnel strengths for such fiscal year sonnel strengths for such fiscal year fense shall hold the funds in trust for the for the Armed Forces, and for other for the Armed Forces, and for other person in an interest bearing account until purposes; which was ordered to lie on purposes; which was ordered to lie on such time as the person makes an election the table; as follows: the table; as follows: under such paragraph. (g) ATTORNEY FEES.—Notwithstanding any On page 363, after line 25, insert the fol- On page 217, between lines 16 and 17, insert contract, the representative of a person may lowing: the following: not receive, for services rendered in connec- SEC. 1066. DEPARTMENT OF DEFENSE STRA- SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS APPROVED FOR tion with the claim of, or with respect to, a TEGIC LOAN AND LOAN GUARANTY person under this section, more than 10 per- PROGRAM. PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD cent of the amount of a payment made under (a) AUTHORITY.—(1) Chapter 131 of title 10, WAR II. this section on that claim. United States Code, is amended by adding at (a) ENTITLEMENT OF FORMER PRISONERS OF (h) OUTREACH.—The Secretary of the Navy the end the following new section: WAR.—Upon receipt of a claim made in ac- shall take such actions as are necessary to ‘‘§ 2228. Department of Defense strategic loan cordance with this section, the Secretary of ensure that the benefits and eligibility for and loan guaranty program the Navy shall pay back pay to a claimant benefits under this section are widely pub- ‘‘(a) AUTHORITY.—The Secretary of Defense who, by reason of being interned as a pris- licized by means designed to provide actual may carry out a program to make direct oner of war while serving as a member of the notice of the availability of the benefits in a

VerDate 11-MAY-2000 04:35 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.096 pfrm02 PsN: S01PT1 S10010 CONGRESSIONAL RECORD — SENATE October 1, 2001 timely manner to the maximum number of (f) LIMITATION ON DISBURSEMENT.—(1) Not- authorize appropriations for fiscal year eligible persons practicable. withstanding any power of attorney, assign- 2002 for military activities of the De- (i) DEFINITION.—In this section, the term ment of interest, contract, or other agree- partment of Defense, for military con- ‘‘World War II’’ has the meaning given the ment, the actual disbursement of a payment structions, and for defense activities of term in section 101(8) of title 38, United under this section may be made only to each States Code. person who is eligible for the payment under the Department of Energy, to prescribe subsection (a) or (b) and only— personnel strengths for such fiscal year SA 1782. Mr. MCCAIN submitted an (A) upon the appearance of that person, in for the Armed Forces, and for other amendment intended to be proposed by person, at any designated disbursement of- purposes; which was ordered to lie on him to the bill S. 1438, to authorize ap- fice in the United States or its territories; or the table; as follows: propriations for fiscal year 2002 for (B) at such other location or in such other At the appropriate place, insert the fol- military activities of the Department manner as that person may request in writ- lowing: of Defense, for military constructions, ing. (2) In the case of a claim approved for pay- TITLE llMENTAL HEALTH AND and for defense activities of the De- ment but not disbursed as a result of oper- TERRORISM partment of Energy, to prescribe per- ation of paragraph (1), the Secretary of De- Subtitle A—Planning and Training Grants sonnel strengths for such fiscal year fense shall hold the funds in trust for the SEC. ll01. GRANTS TO LOCAL EDUCATIONAL for the Armed Forces, and for other person in an interest bearing account until AGENCIES. purposes; which was ordered to lie on such time as the person makes an election (a) IN GENERAL.—The Secretary of Edu- the table; as follows: under such paragraph. cation (referred to in this section as the On page 217, between lines 16 and 17, insert (g) ATTORNEY FEES.—Notwithstanding any ‘‘Secretary’’), in consultation with the Sec- the following: contract, the representative of a person may retary of Health and Human Services, shall not receive, for services rendered in connec- SEC. 664. BACK PAY FOR MEMBERS OF THE NAVY award grants to eligible local educational AND MARINE CORPS APPROVED FOR tion with the claim of, or with respect to, a agencies (as such term is defined in section PROMOTION WHILE INTERNED AS person under this section, more than 10 per- 14101 of the Elementary and Secondary Edu- PRISONERS OF WAR DURING WORLD cent of the amount of a payment made under cation Act of 1965) to enable such agencies to WAR II. this section on that claim. develop programs to respond to mental (a) ENTITLEMENT OF FORMER PRISONERS OF (h) OUTREACH.—The Secretary of the Navy health needs arising from a disaster. WAR.—Upon receipt of a claim made in ac- shall take such actions as are necessary to (b) ELIGIBILITY.— cordance with this section, the Secretary of ensure that the benefits and eligibility for (1) IN GENERAL.—To be eligible to receive a the Navy shall pay back pay to a claimant benefits under this section are widely pub- grant under subsection (a) a local edu- who, by reason of being interned as a pris- licized by means designed to provide actual cational agency, in consultation with the oner of war while serving as a member of the notice of the availability of the benefits in a State educational agency, shall prepare and Navy or the Marine Corps during World War timely manner to the maximum number of submit to the Secretary an application at II, was not available to accept a promotion eligible persons practicable. such time, in such manner, and containing (i) DEFINITION.—In this section, the term for which the claimant was approved. such information as the Secretary may re- (b) PROPER CLAIMANT FOR DECEASED ‘‘World War II’’ has the meaning given the quire, including a plan for responding to the FORMER MEMBER.—In the case of a person de- term in section 101(8) of title 38, United mental health needs of school children and scribed in subsection (a) who is deceased, the States Code. school personnel that may arise as a result back pay for that deceased person under this (j) FUNDING.—(1) The amount authorized to of a disaster that shall contain— section shall be paid to a member or mem- be appropriated under section 421 is hereby (A) the name of an individual designated bers of the family of the deceased person de- increased by $99,000,000. Of the total amount by each school involved to serve as the lead termined appropriate in the same manner as authorized to be appropriated by section 421, coordinator responsible for responding to the is provided in section 6(c) of the War Claims as so increased, $99,000,000 shall be available mental health needs of students and school Act of 1948 (50 U.S.C. App. 2005(c)). for carrying out this section. Notwith- personnel affected by a disaster; (c) AMOUNT OF BACK PAY.—(1) Subject to standing any other provision of this or any paragraph (2), the amount of back pay pay- other Act, the amount set aside by the pre- (B) an assurance that the applicant, and able to or for a person described in sub- ceding sentence is authorized to be made each school involved, will provide materials section (a) is the amount equal to the excess available for fiscal years 2002, 2003, and 2004. and training to all teachers, school coun- of— (2) The amount authorized to be appro- selors, and other appropriate school per- (A) the total amount of basic pay that priated by section 103(1) is hereby reduced by sonnel concerning the appropriate ways in would have been paid to that person for serv- $99,000,000. which to talk with students about disasters; ice in the Navy or the Marine Corps if the (C) an assurance that the applicant will person had been promoted on the date on SA 1783. Mr. MCCAIN submitted an participate in the establishment of commu- which the promotion was approved, over amendment intended to be proposed by nity partnerships between local educational agencies and mental health professionals and (B) the total amount of basic pay that was him to the bill S. 1438, to authorize ap- paid to or for that person for such service on service systems, and to the extent appro- propriations for fiscal year 2002 for priate community-based organizations, to re- and after that date. military activities of the Department (2) The amount determined for a person spond to the mental health needs that arise under paragraph (1) shall be increased to re- of Defense, for military constructions, from a disaster; flect increases in cost of living since the and for defense activities of the De- (D) an assurance that the applicant will es- basic pay referred to in paragraph (1)(B) was partment of Energy, to prescribe per- tablish a program for communicating with paid to or for that person, calculated on the sonnel strengths for such fiscal year parents concerning appropriate responses to basis of the Consumer Price Index (all for the Armed Forces, and for other the mental health needs of students that re- items—United States city average) published sult from a disaster and the services offered purposes; which was ordered to lie on by the school with respect to such needs; monthly by the Bureau of Labor Statistics. the table; as follows: (d) TIME LIMITATIONS.—(1) To be eligible (E) an assurance that the applicant will es- for a payment under this section, a claimant On page 192, after line 20, insert the fol- tablish a program to educate teachers, par- must file a claim for such payment with the lowing: ents, school counselors, and other key per- Secretary of Defense within two years after SEC. 621. ELIGIBILITY FOR CERTAIN CAREER sonnel concerning the recognition of stu- the effective date of the regulations imple- CONTINUATION BONUSES FOR dents who are exhibiting behaviors that may menting this section. EARLY COMMITMENT TO REMAIN ON require a referral to a qualified mental ACTIVE DUTY. (2) Not later than 18 months after receiving health provider and the appropriate notifica- (a) AVIATION OFFICERS.—Section 301b(b)(4) a claim for payment under this section, the tion of the parents or guardians of such stu- of title 37, United States Code, is amended by Secretary shall determine the eligibility of dents; and striking ‘‘has completed’’ and inserting ‘‘is the claimant for payment of the claim. Sub- (F) an assurance that the applicant will within one year of the completion of’’. ject to subsection (f), if the Secretary deter- provide for the equitable participation of pri- (b) SURFACE WARFARE OFFICES.—Section mines that the claimant is eligible for the vate schools, that are located in the area to 319(a)(3) of title 37, United States Code, is payment, the Secretary shall promptly pay be served by the applicant, in the same man- amended by striking ‘‘has completed’’ and the claim. ner as such participation is provided for inserting ‘‘is within one year of the comple- (e) REGULATIONS.—The Secretary of De- under sections 14503 through 14506 of the Ele- tion of’’. fense shall prescribe regulations to carry out mentary and Secondary Education Act of this section. Such regulations shall include 1965. SA 1784. Mr. KENNEDY (for himself, procedures by which persons may submit (2) STATE COMMENTS.—A local educational claims for payment under this section. Such Mr. WARNER, Mrs. CLINTON, Mr. agency submitting an application under this regulations shall be prescribed not later than WELLSTONE and Mr. SCHUMER) sub- subsection shall provide notice of such appli- six months after the date of the enactment mitted an amendment intended to be cation to the State educational agency and of this Act. proposed by him to the bill S. 1438, to provide the State educational agency with

VerDate 11-MAY-2000 04:36 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.099 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10011 the opportunity to comment on such applica- ‘‘(E) an assurance that the applicant will carry out this section, such sums as may be tion. ensure the availability of mental health pro- necessary for each of fiscal years 2002 (3) GRANTS TO STATES.—The Secretary may fessionals who are trained to meet the spe- through 2004. award a grant to a State under this section cial mental health needs of disaster victims; ‘‘Subpart II—Training Grants to enable the State— ‘‘(F) an assurance that the applicant will ‘‘SEC. 597E. TRAINING GRANTS. (A) to provide assistance to local edu- establish a program to meet the mental ‘‘(a) IN GENERAL.—The Secretary, acting cational agencies that do not otherwise health needs of special populations, includ- through the Director of the Center for Men- apply for or receive a grant under this sec- ing the disabled, minority groups, children, tal Health Services, shall award grants to el- tion, to assist such agencies in submitting and the elderly, and where appropriate, rural igible entities to enable such entities to pro- applications and developing plans under populations; vide for the training of mental health profes- paragraph (1); or ‘‘(G) an assurance that the applicant will sionals with respect to the treatment of indi- (B) to coordinate State and local school develop a program to locate and assess indi- viduals who are victims of disasters. educational agency efforts under this sec- viduals after a disaster who are at risk of de- ‘‘(b) ELIGIBILITY.—To be eligible to receive tion. veloping, or who have developed, a mental a grant under subsection (a) an entity shall— (c) USE OF FUNDS.—A local educational illness as a result of the disaster, and to pro- ‘‘(1) be a— agency that receives a grant under this sec- vide referrals and treatment for such individ- ‘‘(A) regional center of excellence; or tion shall use amounts received under the uals; ‘‘(B) a mental health professional society; grant to carry out the programs and activi- ‘‘(H) an assurance that the applicant, in and ties described in the application submitted consultation with providers and organiza- ‘‘(2) prepare and submit to the Secretary by the grantee under subsection (b). tions that serve public safety workers, will (d) INFORMATION AND EDUCATION.— an application at such time, in such manner, assist in developing a program to identify (1) IN GENERAL.—The Secretary shall estab- and containing such information as the Sec- and meet the mental health needs of public lish and disseminate to local educational retary may require. safety workers and others involved in re- agencies and public and private elementary ‘‘(c) USE OF FUNDS.—An entity that re- sponding to the disaster; and and secondary schools, comprehensive infor- ceives a grant under this section shall use ‘‘(I) an assurance that the applicant will mation and education program information amounts received under the grant to provide develop a program that coordinates with to assist such agencies and schools in evalu- for the training of mental health profes- other systems or entities providing services ating and developing appropriate materials sionals to enable such professionals to appro- to disaster victims, including hotline pro- and programs for responding to the mental priately diagnose individuals who are the grams. health needs associated with students and victims of disasters with respect to their ‘‘(2) STATE COMMENTS.—A local educational school personnel in disasters. mental health and to provide for the proper agency submitting an application under this (2) COORDINATION.—Agencies and schools treatment of the mental health needs of such subsection shall provide notice of such appli- shall coordinate response programs devel- individuals. cation to the chief executive officer of the oped under paragraph (1) with existing public ‘‘(d) TRAINING MATERIALS AND PROCE- State and provide the State with the oppor- and private programs, including the 2-1-1 DURES.—The Director of the Center for Men- tunity to comment on such application. hotline program. tal Health Services, in consultation with the ‘‘(c) USE OF FUNDS.—A State or local gov- (e) AUTHORIZATION OF APPROPRIATIONS.— ernment or other governmental agency that Director of the National Institute of Mental There is authorized to be appropriated to Health, the National Center for Post-Trau- carry out this section, such sums as may be receives a grant under this section shall use amounts received under the grant to carry matic Stress Disorder, the International So- necessary for each of fiscal years 2002 ciety for Traumatic Stress Studies, and the through 2004. out the programs and activities described in the application submitted by the grantee heads of other similar entities, shall develop SEC. ll02. AMENDMENT TO THE PUBLIC under subsection (b). training materials and procedures to assist HEALTH SERVICE ACT. grantees under this section. Title V of the Public Health Service Act ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to ‘‘(e) DEFINITION.—In this section ,the term (42 U.S.C. 290aa et seq.) is amended— ‘mental health professional’ includes psychi- (1) by redesignating the second part G (re- carry out this section, such sums as may be necessary for each of fiscal years 2002 atrists, psychologists, psychiatric nurses, lating to services provided through religious mental health counselors, marriage and fam- organizations) as part J; through 2004. ‘‘(e) PROGRAM MANAGEMENT.—In carrying ily therapists, social workers, pastoral coun- (2) by redesignating sections 581 through out this section, the Secretary may use selors, school psychologists, licensed profes- 584 of such part as sections 596 through 596C; amounts appropriated under subsection (d) sional counselors, school guidance coun- and for the administration of the program under selors, and any other individual practicing in (3) by adding at the end the following: this section. a mental health profession that is licensed or ‘‘PART K—MENTAL HEALTH AND ‘‘SEC. 597A. DISASTER RESPONSE CLEARING- regulated by a State agency. DISASTERS HOUSE AND DISASTER HOTLINES. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Subpart I—Planning Grants ‘‘(a) IN GENERAL.—Not later than 60 days There is authorized to be appropriated to ‘‘SEC. 597. GRANTS TO STATE AND LOCAL PUBLIC after the date of enactment of this part, the carry out this section, such sums as may be ENTITIES. Secretary shall establish and maintain a necessary for each of fiscal years 2002 ‘‘(a) IN GENERAL.—The Secretary shall Mental Health Disaster Response Clearing- through 2004. award grants to eligible State and local pub- house to collect and make available informa- ‘‘(g) PROGRAM MANAGEMENT.—In carrying lic entities to enable such entities to develop tion to assist local educational agencies, out this section, the Secretary may use programs to respond to mental health needs State and local governments, health care amounts appropriated under subsection (d) arising from a disaster. providers, and the public in responding to for the administration of the program under ‘‘(b) ELIGIBILITY.— mental health needs associated with disas- this section.’’. ‘‘(1) IN GENERAL.—To be eligible to receive ters. Subtitle B—Addressing Long-Term Needs a grant under subsection (a) a State or local ‘‘(b) PROVISION OF INFORMATION.—As part of public entity shall prepare and submit to the SEC. ll11. GRANTS TO DIRECTLY AFFECTED the clearinghouse established under sub- AREAS. Secretary an application at such time, in section (a), the Secretary shall establish a Part K of title V of the Public Health Serv- such manner, and containing such informa- program for— tion as the Secretary may require, ice Act, as added by section ll01, is amend- ‘‘(1) providing appropriate information to ed by adding at the end the following: including— the media; and ‘‘(A) an assurance that the applicant will ‘‘(2) disseminating training-related cur- ‘‘Subpart III—Addressing Long-Term Needs coordinate activities under the grant, includ- ricula and materials to mental health profes- ‘‘SEC. 597H. GRANTS TO DIRECTLY AFFECTED ing the coordination and management of vol- sionals. AREAS. unteer mental health providers, with— ‘‘(c) DISASTER RESPONSE HOTLINES.—The ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(i) other governmental agencies; Secretary shall award grants to State or award grants to eligible State and local gov- ‘‘(ii) private service providers; and local entities to enable such entities to de- ernments and other public entities to enable ‘‘(iii) local educational agencies; velop, expand, or increase the capacity of 2- such entities to respond to the long-term ‘‘(B) the name of an individual designated 1-1 call centers or other universal hotlines, mental health needs arising from the ter- by the applicant to serve as the lead coordi- for the purpose of connecting the public to rorist attack of September 11, 2001. nator responsible for coordinating services all available community information centers ‘‘(b) ELIGIBILITY.—To be eligible to receive provided under the grant; developed in response to a disaster and dis- a grant under subsection (a) an entity shall— ‘‘(C) an assurance that the applicant will aster recovery efforts, as well as connecting ‘‘(1) be a State or local government or develop a program to provide crisis coun- the public to existing social services that are other public entity that is located in an area seling services to individuals in the event of available to support the public during the that is directly affected (as determined by a disaster; time of a disaster and recovery, including the Secretary) by the terrorist attack of ‘‘(D) an assurance that the applicant will mental health services. September 11, 2001; and develop a program to provide information to ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) prepare and submit to the Secretary the public in the event of a disaster; There is authorized to be appropriated to an application at such time, in such manner,

VerDate 11-MAY-2000 04:36 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.092 pfrm02 PsN: S01PT1 S10012 CONGRESSIONAL RECORD — SENATE October 1, 2001 and containing such information as the Sec- available in the Fund is more than 2 times of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by retary may require. the amount distributed in the previous fiscal striking ‘‘are outside the United States (if ‘‘(c) USE OF FUNDS.—A grantee shall use year. the compensable crime is terrorism, as de- amounts received under a grant under sub- ‘‘(2) In each fiscal year, the Director shall fined in section 2331 of title 18), or’’. section (a)— distribute amounts from the Fund in accord- (c) RELATIONSHIP OF CRIME VICTIM COM- ‘‘(1) to carry out activities to locate indi- ance with subsection (d). All sums not dis- PENSATION TO MEANS-TESTED FEDERAL BEN- viduals who may be affected by the terrorist tributed during a fiscal year shall remain in EFIT PROGRAMS.—Section 1403 of the Victims attack of September 11, 2001 and in need of reserve in the Fund to be distributed during of Crime Act of 1984 (42 U.S.C. 10602) is mental health services, including teachers a subsequent fiscal year. Notwithstanding amended by striking subsection (c) and in- and public safety officers with special re- any other provision of law, all sums depos- serting the following: sponsibility for responding to the disaster; ited in the Fund that are not distributed ‘‘(c) EXCLUSION FROM INCOME, RESOURCES, ‘‘(2) to provide treatment for those individ- shall remain in reserve in the Fund for obli- AND ASSETS FOR PURPOSES OF MEANS uals identified under paragraph (1) who are gation in future fiscal years, without fiscal TESTS.—Notwithstanding any other law suffering from a serious psychiatric illness year limitation.’’. (other than title IV of Public Law 107–42), for as a result of such terrorist attack (includ- (c) ALLOCATION OF FUNDS FOR COSTS AND the purpose of any maximum allowed in- ing paying the costs of necessary medica- GRANTS.—Section 1402(d)(4) of the Victims of come, resource, or asset eligibility require- tions), including teachers and public safety Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is ment in any Federal, State, or local govern- officers with special responsibility for re- amended— ment program using Federal funds that pro- sponding to the disaster; (1) by striking ‘‘deposited in’’ and inserting vides medical or other assistance (or pay- ‘‘(4) to carry out other activities deter- ‘‘to be distributed from’’; ment or reimbursement of the cost of such mined appropriate by the Secretary. (2) in subparagraph (A), by striking ‘‘48.5’’ assistance), any amount of crime victim ‘‘(d) USE OF PRIVATE ENTITIES AND EXIST- and inserting ‘‘47.5’’; compensation that the applicant receives ING PROVIDERS.—To the extent appropriate, a (3) in subparagraph (B), by striking ‘‘48.5’’ through a crime victim compensation pro- grantee under subsection (a) shall— and inserting ‘‘47.5’’; and gram under this section shall not be included ‘‘(1) enter into contracts with private, non- (4) in subparagraph (C), by striking ‘‘3’’ and in the income, resources, or assets of the ap- profit entities to carry out activities under inserting ‘‘5’’. plicant, nor shall that amount reduce the the grant; and (d) ANTITERRORISM EMERGENCY RESERVE.— amount of the assistance available to the ap- ‘‘(2) to the extent feasible, utilize providers Section 1402(d)(5) of the Victims of Crime plicant from Federal, State, or local govern- that are already serving the affected popu- Act of 1984 (42 U.S.C. 10601(d)(5)) is amended ment programs using Federal funds, unless lation, including providers used by public to read as follows: the total amount of assistance that the ap- safety workers and teachers. ‘‘(5)(A) In addition to the amounts distrib- plicant receives from all such programs is ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— uted under paragraphs (2), (3), and (4), the Di- sufficient to fully compensate the applicant There is authorized to be appropriated to rector may set aside up to $50,000,000 from for losses suffered as a result of the crime.’’. carry out this section— the amounts remaining in the Fund in fiscal (d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ ‘‘(1) with respect to grants to entities de- year 2002 as an antiterrorism emergency re- AND ‘‘STATE’’.—Section 1403(d) of the Victims scribed in subsection (b)(1)(A), $175,000,000 for serve. The Director may replenish any of Crime Act of 1984 (42 U.S.C. 10602(d)) is fiscal year 2002, and such sums as may be amounts expended from such reserve in sub- amended— necessary in each of fiscal years 2003 and sequent fiscal years by setting aside up to 5 (1) in paragraph (3), by striking ‘‘crimes in- 2004; and percent of the amounts remaining in the volving terrorism,’’; and ‘‘SEC. 597I. RESEARCH. Fund in any fiscal year after distributing (2) in paragraph (4), by inserting ‘‘the ‘‘(a) LIFTING OF CAP ON SUPPLEMENTAL RE- amounts under paragraphs (2), (3) and (4). United States Virgin Islands,’’ after ‘‘the SEARCH FUNDS.—Notwithstanding any other Such reserve shall not exceed $50,000,000. Commonwealth of Puerto Rico,’’. provision of law, the Secretary may waive ‘‘(B) The antiterrorism emergency reserve (e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM any restriction on the amount of supple- referred to in subparagraph (A) may be used COMPENSATION PROGRAMS TO THE SEPTEMBER mental funding that may be provided to any for supplemental grants under section 1404B 11TH VICTIM COMPENSATION FUND.— disaster—related scientific research project and to provide compensation to victims of (1) IN GENERAL.—Section 1403(e) of the Vic- that is funded by the Secretary. international terrorism under section 1404C. tims of Crime Act of 1984 (42 U.S.C. 10602(e)) ‘‘(b) ADDITIONAL FUNDING.—There is au- ‘‘(C) Amounts set aside under subpara- is amended by inserting ‘‘including the pro- thorized to be appropriated such sums as graph (A) from the amounts remaining in the gram established under title IV of Public may be necessary for fiscal year 2002 to en- Fund in fiscal year 2002 shall not be subject Law 107–42,’’ after ‘‘Federal program,’’. able the Secretary to award additional to any limitation on obligations from (2) COMPENSATION.—With respect to any grants for the conduct of peer-reviewed, amounts deposited to or available in the compensation payable under title IV of Pub- mental health—related scientific research Fund, notwithstanding— lic Law 107–42, the failure of a crime victim projects related to the assessment of the ‘‘(i) section 619 of the Departments of Com- compensation program, after the effective mental health impacts and the provision of merce, Justice, and State, the Judiciary, and date of final regulations issued pursuant to appropriate interventions for individuals af- Related Agencies Appropriations Act, 2001, section 407 of Public Law 107–42, to provide fected by the September 11, 2001 terrorist at- and any similar limitation on Fund obliga- compensation otherwise required pursuant tacks.’’. tions in such Act for fiscal year 2002; and to section 1403 of the Victims of Crime Act of Subtitle C—Addressing the Needs of Victims ‘‘(ii) subsections (c) and (d) of section 1984 (42 U.S.C. 10602) shall not render that of Crime 1402.’’. program ineligible for future grants under SEC. ll21. CRIME VICTIMS FUND. (e) VICTIMS OF SEPTEMBER 11, 2001.— the Victims of Crime Act of 1984. (a) DEPOSIT OF GIFTS IN THE FUND.—Section Amounts transferred to the Crime Victims SEC. ll23. CRIME VICTIM ASSISTANCE. 1402(b) of the Victims of Crime Act of 1984 (42 Fund for use in responding to the airplane (a) ASSISTANCE FOR VICTIMS IN THE DIS- U.S.C. 10601(b)) is amended— hijackings and terrorist acts (including any TRICT OF COLUMBIA, PUERTO RICO, AND OTHER (1) in paragraph (3), by striking ‘‘and’’ at related search, rescue, relief, assistance, or TERRITORIES AND POSSESSIONS.—Section the end; other similar activities) that occurred on 1404(a) of the Victims of Crime Act of 1984 (42 (2) in paragraph (4), by striking the period September 11, 2001, shall not be subject to U.S.C. 10603(a)) is amended by adding at the at the end and inserting ‘‘; and’’; and any limitation on obligations from amounts end the following: (3) by adding at the end the following: deposited to or available in the Fund, ‘‘(6) An agency of the Federal Government ‘‘(5) any gifts, bequests, or donations to the notwithstanding— performing local law enforcement functions Fund from private entities or individuals.’’. (1) section 619 of the Departments of Com- in and on behalf of the District of Columbia, (b) FORMULA FOR FUND DISTRIBUTIONS.— merce, Justice, and State, the Judiciary, and the Commonwealth of Puerto Rico, the Section 1402(c) of the Victims of Crime Act Related Agencies Appropriations Act, 2001, United States Virgin Islands, or any other of 1984 (42 U.S.C. 10601(c)) is amended to read and any similar limitation on Fund obliga- territory or possession of the United States as follows: tions in such Act for Fiscal Year 2002; and may qualify as an eligible crime victim as- ‘‘(c) FUND DISTRIBUTION; RETENTION OF (2) subsections (c) and (d) of section 1402 of sistance program for the purpose of grants SUMS IN FUND; AVAILABILITY FOR EXPENDI- the Victims of Crime Act of 1984 (42 U.S.C. under this subsection, or for the purpose of TURE WITHOUT FISCAL YEAR LIMITATION.— 10601). grants under subsection (c)(1).’’. ‘‘(1) Subject to the availability of money in SEC. ll22. CRIME VICTIM COMPENSATION. (b) PROHIBITION ON DISCRIMINATION AGAINST the Fund, in each fiscal year, beginning with (a) ALLOCATION OF FUNDS FOR COMPENSA- CERTAIN VICTIMS.—Section 1404(b)(1) of the fiscal year 2003, the Director shall distribute TION AND ASSISTANCE.—Paragraphs (1) and (2) Victims of Crime Act of 1984 (42 U.S.C. not less than 90 percent nor more than 110 of section 1403(a) of the Victims of Crime Act 10603(b)(1)) is amended— percent of the amount distributed from the of 1984 (42 U.S.C. 10602(a)) are amended by (1) in subparagraph (D), by striking ‘‘and’’ Fund in the previous fiscal year, except the striking ‘‘40’’ each place it appears and in- at the end; Director may distribute up to 120 percent of serting ‘‘60’’. (2) in subparagraph (E), by striking the pe- the amount distributed in the previous fiscal (b) LOCATION OF COMPENSABLE CRIME.—Sec- riod at the end and inserting ‘‘; and’’; and year in any fiscal year that the total amount tion 1403(b)(6)(B) of the Victims of Crime Act (3) by adding at the end the following:

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‘‘(F) does not discriminate against victims (2) SENSE OF CONGRESS.—It is the sense of (2) The analysis under paragraph (1) shall because they disagree with the way the Congress that the program established under include an analysis of the need for long-term State is prosecuting the criminal case.’’. section 582 of the Public Health Service Act contracts, security measures, and protection (c) GRANTS FOR PROGRAM EVALUATION AND (42 U.S.C. 290hh-1) should be fully funded. from potential losses due to product liability COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) (b) ADULTS.—Title V of the Public Health claims. of the Victims of Crime Act of 1984 (42 U.S.C. Service Act (42 U.S.C. 290aa et seq.) is 10603(c)(1)(A)) is amended by inserting ‘‘, pro- amended by inserting after section 582 the SA 1786. Mr. ENZI submitted an gram evaluation, compliance efforts,’’ after following: amendment intended to be proposed by ‘‘demonstration projects’’. ‘‘SEC. 583. GRANTS TO ADDRESS THE PROBLEMS him to the bill S. 1438, to authorize ap- (d) ALLOCATION OF DISCRETIONARY OF PERSONS WHO EXPERIENCE VIO- propriations for fiscal year 2002 for GRANTS.—Section 1404(c)(2) of the Victims of LENCE RELATED STRESS. Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is ‘‘(a) IN GENERAL.—The Secretary shall military activities of the Department amended— award grants, contracts or cooperative of Defense, for military constructions, (1) in subparagraph (A), by striking ‘‘not agreements to public and nonprofit private and for defense activities of the De- more than’’ and inserting ‘‘not less than’’; entities, as well as to Indian tribes and tribal partment of Energy, to prescribe per- and organizations, for the purpose of developing sonnel strengths for such fiscal year (2) in subparagraph (B), by striking ‘‘not programs focusing on the behavioral and bio- for the Armed Forces, and for other less than’’ and inserting ‘‘not more than’’. logical aspects of psychological trauma re- sponse and for developing knowledge with re- purposes; which was ordered to lie on (e) FELLOWSHIPS AND CLINICAL INTERN- the table; as follows: SHIPS.—Section 1404(c)(3) of the Victims of gard to evidence-based practices for treating Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is psychiatric disorders of adults resulting At the end of the amendment insert: amended— from witnessing or experiencing a traumatic (D) ADVANCED BIOTECHNOLOGY APPLICA- (1) in subparagraph (C), by striking ‘‘and’’ event. TIONS.—(1) The Secretary of Defense may, ‘‘(b) PRIORITIES.—In awarding grants, con- at the end; subject to the availability of funds appro- tracts or cooperative agreements under sub- (2) in subparagraph (D), by striking the pe- priated and authorized to be appropriated for section (a) related to the development of riod at the end and inserting ‘‘; and’’; and such purposes, design and implement a pro- knowledge on evidence-based practices for (3) by adding at the end the following: gram to integrate advanced biotechnology treating disorders associated with psycho- ‘‘(E) use funds made available to the Direc- applications into biological weapons detec- logical trauma, the Secretary shall give pri- tor under this subsection— tion and defense activities and to develop ad- ority to mental health agencies and pro- ‘‘(i) for fellowships and clinical intern- vanced biomedical treatment regimes for grams that have established clinical and ships; and members of the Armed Forces. basic research experience in the field of trau- ‘‘(ii) to carry out programs of training and (2) The Secretary is authorized to use pro- ma-related mental disorders. special workshops for the presentation and curement procedures involving requests for ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The dissemination of information resulting from proposals to contract for advanced research Secretary shall ensure that grants, contracts and development of defensive biotechnology demonstrations, surveys, and special or cooperative agreements under subsection projects.’’. application under the program. (a) with respect to centers of excellence are (3) The research and development activi- SEC. ll24. VICTIMS OF TERRORISM. distributed equitably among the regions of ties under the program may include research (a) COMPENSATION AND ASSISTANCE TO VIC- the country and among urban and rural and development relating to the following, TIMS OF DOMESTIC TERRORISM.—Section areas. subject to the Secretary’s prioritization of 1404B(b) of the Victims of Crime Act of 1984 ‘‘(d) EVALUATION.—The Secretary, as part such research and development: (42 U.S.C. 10603b(b)) is amended to read as of the application process, shall require that (A) Diagnostic systems. follows: each applicant for a grant, contract or coop- (B) Vaccines and other therapeutic prod- ‘‘(b) VICTIMS OF TERRORISM WITHIN THE erative agreement under subsection (a) sub- ucts. UNITED STATES.—The Director may make mit a plan for the rigorous evaluation of the (C) Anti-viral products. supplemental grants as provided in section activities funded under the grant, contract (D) Antibiotics for treatment of persons 1402(d)(5) to States for eligible crime victim or agreement, including both process and exposed to biological agents. compensation and assistance programs, and outcomes evaluation, and the submission of (E) Vaccine delivery systems. to victim service organizations, public agen- an evaluation at the end of the project pe- (F) Enzymatic bioagent and chemical cies (including Federal, State, or local gov- riod. agent degradation. ernments) and nongovernmental organiza- ‘‘(e) DURATION OF AWARDS.—With respect (G) Wound healing therapeutics. tions that provide assistance to victims of to a grant, contract or cooperative agree- (H) Gene therapy. crime, which shall be used to provide emer- ment under subsection (a), the period during (I) Biowarfare detection systems. gency relief, including crisis response ef- which payments under such an award will be (J) Radioprotective pharmaceuticals. forts, assistance, compensation, training and made to the recipient may not exceed 5 (K) Gene delivery systems. technical assistance, and ongoing assistance, years. Such grants, contracts or agreements (L) Stasis enhancement therapeutics. including during any investigation or pros- may be renewed. (M) Physiological enhancement ecution, to victims of terrorist acts or mass ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— pharmacologics. violence occurring within the United There is authorized to be appropriated to (N) Blood products. States.’’. carry out this section, such sums as may be (O) Nanodiagnostic methods. (b) ASSISTANCE TO VICTIMS OF INTER- necessary for each of fiscal year 2002 and NATIONAL TERRORISM.—Section 1404B(a)(1) of 2003.’’. SA 1787. Mr. KYL submitted an the Victims of Crime Act of 1984 (42 U.S.C. amendment intended to be proposed by 10603b(a)(1)) is amended by striking ‘‘who are SA 1785. Mr. ENZI submitted an him to the bill S. 1438, to authorize ap- not persons eligible for compensation under amendment intended to be proposed by propriations for fiscal year 2002 for title VIII of the Omnibus Diplomatic Secu- him to the bill S. 1438, to authorize ap- military activities of the Department rity and Antiterrorism Act of 1986’’. propriations for fiscal year 2002 for of Defense, for military constructions, (c) COMPENSATION TO VICTIMS OF INTER- military activities of the Department and for defense activities of the De- NATIONAL TERRORISM.—Section 1404C(b) of of Defense, for military constructions, the Victims of Crime of 1984 (42 U.S.C. partment of Energy, to prescribe per- 10603c(b)) is amended by adding at the end and for defense activities of the De- sonnel strengths for such fiscal year the following: ‘‘The amount of compensation partment of Energy, to prescribe per- for the Armed Forces, and for other awarded to a victim under this subsection sonnel strengths for such fiscal year purposes; which was ordered to lie on shall be reduced by any amount that the vic- for the Armed Forces, and for other the table; as follows: tim received in connection with the same act purposes; which was ordered to lie on At the end of division A, add the following of international terrorism under title VIII of the table; as follows: new title: the Omnibus Diplomatic Security and Insert on page 346: TITLE XIV—AMERICAN SERVICE- Antiterrorism Act of 1986.’’. (d) INCENTIVES TO PRIVATE SECTOR.—(1) MEMBERS’ PROTECTION ACT OF 2001 Subtitle D—Grants to Children and Adults The Secretary of Defense shall prepare and Who Experience Violence-Related Stress submit to the congressional defense commit- SEC. 1401. SHORT TITLE. SEC. ll31. CHILDREN AND ADULTS WHO EXPE- tees and committees on health not later This title may be cited as the ‘‘American RIENCE VIOLENCE-RELATED than February 1, 2002, an evaluation of the Servicemembers’ Protection Act of 2001’’. STRESS. incentives necessary to encourage the pri- SEC. 1402. FINDINGS. (a) CHILDREN.— vate sector to develop and produce vaccines Congress makes the following findings: (1) IN GENERAL.—Section 582(f) of the Pub- described in subsection (b)(1), as well as (1) On July 17, 1998, the United Nations lic Health Service Act (42 U.S.C. 290hh-1(f)) is therapeutic products for the purposes de- Diplomatic Conference of Plenipotentiaries amended by striking ‘‘2002 and 2003’’ and in- scribed in such subsection, for acquisition by on the Establishment of an International serting ‘‘2002 through 2005’’. the Department of Defense. Criminal Court, meeting in Rome, Italy,

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.092 pfrm02 PsN: S01PT1 S10014 CONGRESSIONAL RECORD — SENATE October 1, 2001 adopted the ‘‘Rome Statute of the Inter- States objections, senior United States offi- (III) individuals who were covered United national Criminal Court’’. The vote on cials may be at risk of criminal prosecution States persons or covered allied persons; and whether to proceed with the statute was 120 for national security decisions involving (ii) ensures that no person described in in favor to 7 against, with 21 countries ab- such matters as responding to acts of ter- clause (i) will be arrested, detained, pros- staining. The United States voted against rorism, preventing the proliferation of weap- ecuted, or imprisoned by or on behalf of the final adoption of the Rome Statute. ons of mass destruction, and deterring ag- International Criminal Court; and (2) As of April 30, 2001, 139 countries had gression. No less than members of the Armed (B) has taken no steps to arrest, detain, signed the Rome Statute and 30 had ratified Forces of the United States, senior officials prosecute, or imprison any person described it. Pursuant to Article 126 of the Rome Stat- of the United States Government should be in clause (i) of subparagraph (A). ute, the statute will enter into force on the free from the risk of prosecution by the (c) AUTHORITY TO WAIVE SECTIONS 1404 AND first day of the month after the 60th day fol- International Criminal Court, especially 1406 WITH RESPECT TO AN INVESTIGATION OR lowing the date on which the 60th country with respect to official actions taken by PROSECUTION OF A NAMED INDIVIDUAL.—The deposits an instrument ratifying the statute. them to protect the national interests of the President is authorized to waive the prohibi- (3) Since adoption of the Rome Statute, a United States. tions and requirements of sections 1404 and Preparatory Commission for the Inter- (10) Any agreement within the Preparatory 1406 to the degree such prohibitions and re- national Criminal Court has met regularly Commission on a definition of the Crime of quirements would prevent United States co- to draft documents to implement the Rome Aggression that usurps the prerogative of operation with an investigation or prosecu- Statute, including Rules of Procedure and the United Nations Security Council under tion of a named individual by the Inter- Evidence, Elements of Crimes, and a defini- Article 39 of the charter of the United Na- national Criminal Court. A waiver under this tion of the Crime of Aggression. tions to ‘‘determine the existence of any .... subsection may be issued only if the Presi- (4) During testimony before the Congress act of aggression’’ would contravene the dent at least 15 days in advance of exercising following the adoption of the Rome Statute, charter of the United Nations and undermine such authority— the lead United States negotiator, Ambas- deterrence. (1) notifies the appropriate congressional sador David Scheffer stated that the United (11) It is a fundamental principle of inter- committees of the intention to exercise such States could not sign the Rome Statute be- national law that a treaty is binding upon its authority; and cause certain critical negotiating objectives parties only and that it does not create obli- (2) determines and reports to the appro- of the United States had not been achieved. gations for nonparties without their consent priate congressional committees that— As a result, he stated: ‘‘We are left with con- to be bound. The United States is not a party (A) a waiver pursuant to subsection (a) or sequences that do not serve the cause of to the Rome Statute and will not be bound (b) of the prohibitions and requirements of international justice.’’ by any of its terms. The United States will sections 1405 and 1407 is in effect; (B) there is reason to believe that the (5) Ambassador Scheffer went on to tell the not recognize the jurisdiction of the Inter- named individual committed the crime or Congress that: ‘‘Multinational peacekeeping national Criminal Court over United States crimes that are the subject of the Inter- forces operating in a country that has joined nationals. the treaty can be exposed to the Court’s ju- national Criminal Court’s investigation or SEC. 1403. WAIVER AND TERMINATION OF PROHI- prosecution; risdiction even if the country of the indi- BITIONS OF THIS TITLE. (C) it is in the national interest of the vidual peacekeeper has not joined the treaty. (a) AUTHORITY TO INITIALLY WAIVE SEC- United States for the International Criminal Thus, the treaty purports to establish an ar- TIONS 1405 AND 1407.—The President is au- rangement whereby United States armed thorized to waive the prohibitions and re- Court’s investigation or prosecution of the forces operating overseas could be conceiv- quirements of sections 1405 and 1407 for a sin- named individual to proceed; and ably prosecuted by the international court gle period of one year. A waiver under this (D) in investigating events related to ac- even if the United States has not agreed to subsection may be issued only if the Presi- tions by the named individual, none of the be bound by the treaty. Not only is this con- dent at least 15 days in advance of exercising following persons will be investigated, ar- trary to the most fundamental principles of such authority— rested, detained, prosecuted, or imprisoned treaty law, it could inhibit the ability of the (1) notifies the appropriate congressional by or on behalf of the International Criminal United States to use its military to meet al- committees of the intention to exercise such Court with respect to actions undertaken by liance obligations and participate in multi- authority; and them in an official capacity: national operations, including humanitarian (2) determines and reports to the appro- (i) Covered United States persons. interventions to save civilian lives. Other priate congressional committees that the (ii) Covered allied persons. contributors to peacekeeping operations will International Criminal Court has entered (iii) Individuals who were covered United be similarly exposed.’’. into a binding agreement that— States persons or covered allied persons. (d) TERMINATION OF WAIVER PURSUANT TO (6) Notwithstanding these concerns, Presi- (A) prohibits the International Criminal SUBSECTION (c).—Any waiver or waivers exer- dent Clinton directed that the United States Court from seeking to exercise jurisdiction cised pursuant to subsection (c) of the prohi- sign the Rome Statute on December 31, 2000. over the following persons with respect to bitions and requirements of sections 1404 and In a statement issued that day, he stated actions undertaken by them in an official ca- that in view of the unremedied deficiencies 1406 shall terminate at any time that a waiv- pacity: er pursuant to subsection (a) or (b) of the of the Rome Statute, ‘‘I will not, and do not (i) covered United States persons; recommend that my successor submit the prohibitions and requirements of sections (ii) covered allied persons; and 1405 and 1407 expires and is not extended pur- Treaty to the Senate for advice and consent (iii) individuals who were covered United until our fundamental concerns are satis- suant to subsection (b). States persons or covered allied persons; and (e) TERMINATION OF PROHIBITIONS OF THIS fied’’. (B) ensures that no person described in TITLE.—The prohibitions and requirements (7) Any American prosecuted by the Inter- subparagraph (A) will be arrested, detained, of sections 1404, 1405, 1406, and 1407 shall national Criminal Court will, under the prosecuted, or imprisoned by or on behalf of cease to apply, and the authority of section Rome Statute, be denied procedural protec- the International Criminal Court. 1408 shall terminate, if the United States be- tions to which all Americans are entitled (b) AUTHORITY TO EXTEND WAIVER OF SEC- comes a party to the International Criminal under the Bill of Rights to the United States TIONS 1405 AND 1407.—The President is au- Court pursuant to a treaty made under arti- Constitution, such as the right to trial by thorized to waive the prohibitions and re- cle II, section 2, clause 2 of the Constitution jury. quirements of sections 1405 and 1407 for suc- of the United States. (8) Members of the Armed Forces of the cessive periods of one year each upon the ex- SEC. 1404. PROHIBITION ON COOPERATION WITH United States should be free from the risk of piration of a previous waiver pursuant to THE INTERNATIONAL CRIMINAL prosecution by the International Criminal subsection (a) or this subsection. A waiver COURT. Court, especially when they are stationed or under this subsection may be issued only if (a) APPLICATION.—The provisions of this deployed around the world to protect the the President at least fifteen days in advance section— vital national interests of the United States. of exercising such authority— (1) apply only to cooperation with the The United States Government has an obli- (1) notifies the appropriate congressional International Criminal Court and shall not gation to protect the members of its Armed committees of the intention to exercise such apply to cooperation with an ad hoc inter- Forces, to the maximum extent possible, authority; and national criminal tribunal established by the against criminal prosecutions carried out by (2) determines and reports to the appro- United Nations Security Council before or the International Criminal Court. priate congressional committees that the after the date of the enactment of this Act (9) In addition to exposing members of the International Criminal Court— to investigate and prosecute war crimes Armed Forces of the United States to the (A) remains party to, and has continued to committed in a specific country or during a risk of international criminal prosecution, abide by, a binding agreement that— specific conflict; and the Rome Statute creates a risk that the (i) prohibits the International Criminal (2) shall not prohibit— President and other senior elected and ap- Court from seeking to exercise jurisdiction (A) any action permitted under section pointed officials of the United States Gov- over the following persons with respect to 1408; or ernment may be prosecuted by the Inter- actions undertaken by them in an official ca- (B) communication by the United States of national Criminal Court. Particularly if the pacity: its policy with respect to a matter. Preparatory Commission agrees on a defini- (I) covered United States persons; (b) PROHIBITION ON RESPONDING TO RE- tion of the Crime of Aggression over United (II) covered allied persons; and QUESTS FOR COOPERATION.—Notwithstanding

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section 1782 of title 28, United States Code, risdiction by the International Criminal (c) CONSTRUCTION.—The provisions of this or any other provision of law, no United Court for actions undertaken by such per- section shall not be construed to prohibit States Court, and no agency or entity of any sonnel in connection with the operation. any action permitted under section 1408. State or local government, including any (b) RESTRICTION.—Members of the Armed SEC. 1407. PROHIBITION OF UNITED STATES MILI- court, may cooperate with the International Forces of the United States may not partici- TARY ASSISTANCE TO PARTIES TO Criminal Court in response to a request for pate in any peacekeeping operation under THE INTERNATIONAL CRIMINAL cooperation submitted by the International chapter VI of the charter of the United Na- COURT. Criminal Court pursuant to the Rome Stat- tions or peace enforcement operation under (a) PROHIBITION OF MILITARY ASSISTANCE.— ute. chapter VII of the charter of the United Na- Subject to subsections (b) and (c), and effec- (c) PROHIBITION ON TRANSMITTAL OF LET- tions, the creation of which is authorized by tive one year after the date on which the TERS ROGATORY FROM THE INTERNATIONAL the United Nations Security Council on or Rome Statute enters into force pursuant to CRIMINAL COURT.—Notwithstanding section after the date that the Rome Statute enters Article 126 of the Rome Statute, no United 1781 of title 28, United States Code, or any into effect pursuant to Article 126 of the States military assistance may be provided other provision of law, no agency of the Rome Statute, unless the President has sub- to the government of a country that is a United States Government may transmit for mitted to the appropriate congressional party to the International Criminal Court. execution any letter rogatory issued, or committees a certification described in sub- (b) NATIONAL INTEREST WAIVER.—The President may, without prior notice to Con- other request for cooperation made, by the section (c) with respect to such operation. (c) CERTIFICATION.—The certification re- gress, waive the prohibition of subsection (a) International Criminal Court to the tri- ferred to in subsection (b) is a certification with respect to a particular country if he de- bunal, officer, or agency in the United States by the President that— termines and reports to the appropriate con- to whom it is addressed. (1) members of the Armed Forces of the gressional committees that it is important (d) PROHIBITION ON EXTRADITION TO THE United States are able to participate in the to the national interest of the United States INTERNATIONAL CRIMINAL COURT.—Notwith- standing any other provision of law, no agen- peacekeeping or peace enforcement oper- to waive such prohibition. (c) ARTICLE 98 WAIVER.—The President cy or entity of the United States Govern- ation without risk of criminal prosecution or may, without prior notice to Congress, waive ment or of any State or local government other assertion of jurisdiction by the Inter- the prohibition of subsection (a) with respect may extradite any person from the United national Criminal Court because, in author- to a particular country if he determines and States to the International Criminal Court, izing the operation, the United Nations Se- reports to the appropriate congressional nor support the transfer of any United States curity Council permanently exempted, at a committees that such country has entered citizen or permanent resident alien to the minimum, members of the Armed Forces of into an agreement with the United States International Criminal Court. the United States participating in the oper- pursuant to Article 98 of the Rome Statute (e) PROHIBITION ON PROVISION OF SUPPORT ation from criminal prosecution or other as- preventing the International Criminal court TO THE INTERNATIONAL CRIMINAL COURT.— sertion of jurisdiction by the International from proceeding against United States per- Notwithstanding any other provision of law, Criminal Court for actions undertaken by sonnel present in such country. no agency or entity of the United States them in connection with the operation; (d) EXEMPTION.—The prohibition of sub- Government or of any State or local govern- (2) members of the Armed Forces of the section (a) shall not apply to the government ment, including any court, may provide sup- United States are able to participate in the of— port to the International Criminal Court. peacekeeping or peace enforcement oper- (1) a NATO member country; (f) PROHIBITION ON USE OF APPROPRIATED ation without risk of criminal prosecution or (2) a major non-NATO ally (including Aus- FUNDS TO ASSIST THE INTERNATIONAL CRIMI- other assertion of jurisdiction by the Inter- tralia, Egypt, Israel, Japan, Jordan, Argen- NAL COURT.—Notwithstanding any other pro- national Criminal Court because each coun- tina, the Republic of Korea, and New Zea- vision of law, no funds appropriated under try in which members of the Armed Forces land); or any provision of law may be used for the pur- of the United States participating in the op- (3) Taiwan. pose of assisting the investigation, arrest, eration will be present either is not a party detention, extradition, or prosecution of any to the International Criminal Court and has SEC. 1408. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE United States citizen or permanent resident not invoked the jurisdiction of the Inter- national Criminal Court pursuant to Article UNITED STATES AND CERTAIN alien by the International Criminal Court. OTHER PERSONS DETAINED OR IM- (g) RESTRICTION ON ASSISTANCE PURSUANT 12 of the Rome Statute, or has entered into PRISONED BY OR ON BEHALF OF TO MUTUAL LEGAL ASSISTANCE TREATIES.— an agreement in accordance with Article 98 THE INTERNATIONAL CRIMINAL The United States shall exercise its rights to of the Rome Statute preventing the Inter- COURT. limit the use of assistance provided under all national Criminal Court from proceeding (a) AUTHORITY.—The President is author- treaties and executive agreements for mu- against members of the Armed Forces of the ized to use all means necessary and appro- tual legal assistance in criminal matters, United States present in that country; or priate to bring about the release of any per- multilateral conventions with legal assist- (3) the national interests of the United son described in subsection (b) who is being ance provisions, and extradition treaties, to States justify participation by members of detained or imprisoned by, on behalf of, or at which the United States is a party, and in the Armed Forces of the United States in the the request of the International Criminal connection with the execution or issuance of peacekeeping or peace enforcement oper- Court. any letter rogatory, to prevent the transfer ation. (b) PERSONS AUTHORIZED TO BE FREED.— to, or other use by, the International Crimi- SEC. 1406. PROHIBITION ON DIRECT OR INDI- The authority of subsection (a) shall extend nal Court of any assistance provided by the RECT TRANSFER OF CLASSIFIED NA- to the following persons: United States under such treaties and letters TIONAL SECURITY INFORMATION (1) Covered United States persons. rogatory. AND LAW ENFORCEMENT INFORMA- (2) Covered allied persons. TION TO THE INTERNATIONAL ROHIBITION ON NVESTIGATIVE CTIVI (3) Individuals detained or imprisoned for (h) P I A - CRIMINAL COURT. TIES OF AGENTS.—No agent of the Inter- official actions taken while the individual (a) IN GENERAL.—Not later than the date national Criminal Court may conduct, in the on which the Rome Statute enters into force, was a covered United States person or a cov- United States or any territory subject to the the President shall ensure that appropriate ered allied person, and in the case of a cov- jurisdiction of the United States, any inves- procedures are in place to prevent the trans- ered allied person, upon the request of such tigative activity relating to a preliminary fer of classified national security informa- government. inquiry, investigation, prosecution, or other tion and law enforcement information to the (c) AUTHORIZATION OF LEGAL ASSISTANCE.— proceeding at the International Criminal International Criminal Court for the purpose When any person described in subsection (b) Court. of facilitating an investigation, apprehen- is arrested, detained, investigated, pros- SEC. 1405. RESTRICTION ON UNITED STATES PAR- sion, or prosecution. ecuted, or imprisoned by, on behalf of, or at TICIPATION IN CERTAIN UNITED NA- (b) INDIRECT TRANSFER.—The procedures the request of the International Criminal TIONS PEACEKEEPING OPERATIONS. adopted pursuant to subsection (a) shall be Court, the President is authorized to direct (a) POLICY.—Effective beginning on the designed to prevent the transfer to the any agency of the United States Government date on which the Rome Statute enters into United Nations and to the government of to provide— force pursuant to Article 126 of the Rome any country that is party to the Inter- (1) legal representation and other legal as- Statute, the President should use the voice national Criminal Court of classified na- sistance to that person (including, in the and vote of the United States in the United tional security information and law enforce- case of a person entitled to assistance under Nations Security Council to ensure that each ment information that specifically relates to section 1037 of title 10, United States Code, resolution of the Security Council author- matters known to be under investigation or representation and other assistance in the izing any peacekeeping operation under prosecution by the International Criminal manner provided in that section); chapter VI of the charter of the United Na- Court, except to the degree that satisfactory (2) exculpatory evidence on behalf of that tions or peace enforcement operation under assurances are received from the United Na- person; and chapter VII of the charter of the United Na- tions or that government, as the case may (3) defense of the interests of the United tions permanently exempts, at a minimum, be, that such information will not be made States through appearance before the Inter- members of the Armed Forces of the United available to the International Criminal national Criminal Court pursuant to Article States participating in such operation from Court for the purpose of facilitating an in- 18 or 19 of the Rome Statute, or before the criminal prosecution or other assertion of ju- vestigation, apprehension, or prosecution. courts or tribunals of any country.

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(d) BRIBES AND OTHER INDUCEMENTS NOT graph shall include a description of the ac- with section 517 of the Foreign Assistance AUTHORIZED.—This section does not author- tion, a determination that the action is in Act of 1961. ize the payment of bribes or the provision of the national interest of the United States, (8) PARTICIPATE IN ANY PEACEKEEPING OPER- other such incentives to induce the release of and a justification for the action. ATION UNDER CHAPTER VI OF THE CHARTER OF a person described in subsection (b). (2) EXCEPTION.—If the President deter- THE UNITED NATIONS OR PEACE ENFORCEMENT SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS. mines that a full notification under para- OPERATION UNDER CHAPTER VII OF THE CHAR- (a) REPORT ON ALLIANCE COMMAND AR- graph (1) could jeopardize the national secu- TER OF THE UNITED NATIONS.—The term ‘‘par- RANGEMENTS.—Not later than 6 months after rity of the United States or compromise a ticipate in any peacekeeping operation under the date of the enactment of this Act, the United States law enforcement activity, not chapter VI of the charter of the United Na- President should transmit to the appropriate later than 15 days after the President takes tions or peace enforcement operation under congressional committees a report with re- or directs an action or actions referred to in chapter VII of the charter of the United Na- spect to each military alliance to which the paragraph (1) the President shall notify the tions’’ means to assign members of the United States is party— appropriate congressional committees that Armed Forces of the United States to a (1) describing the degree to which members an action has been taken and a determina- United Nations military command structure of the Armed Forces of the United States tion has been made pursuant to this para- as part of a peacekeeping operation under may, in the context of military operations graph. The President shall provide a full no- chapter VI of the charter of the United Na- undertaken by or pursuant to that alliance, tification under paragraph (1) not later than tions or peace enforcement operation under be placed under the command or operational 15 days after the reasons for the determina- chapter VII of the charter of the United Na- control of foreign military officers subject to tion under this paragraph no longer apply. tions in which those members of the Armed the jurisdiction of the International Crimi- (c) CONSTRUCTION.—Nothing in this section Forces of the United States are subject to nal Court because they are nationals of a shall be construed as a grant of statutory au- the command or operational control of one party to the International Criminal Court; thority to the President to take any action. or more foreign military officers not ap- and SEC. 1412. NONDELEGATION. pointed in conformity with article II, section (2) evaluating the degree to which mem- The authorities vested in the President by 2, clause 2 of the Constitution of the United bers of the Armed Forces of the United sections 1403 and 1411(a) may not be dele- States. States engaged in military operations under- gated by the President pursuant to section (9) PARTY TO THE INTERNATIONAL CRIMINAL taken by or pursuant to that alliance may be 301 of title 3, United States Code, or any COURT.—The term ‘‘party to the Inter- exposed to greater risks as a result of being other provision of law. The authority vested national Criminal Court’’ means a govern- placed under the command or operational in the President by section 1405(c)(3) may not ment that has deposited an instrument of control of foreign military officers subject to be delegated by the President pursuant to ratification, acceptance, approval, or acces- the jurisdiction of the International Crimi- section 301 of title 3, United States Code, or sion to the Rome Statute, and has not with- nal Court. any other provision of law to any official drawn from the Rome Statute pursuant to (b) DESCRIPTION OF MEASURES TO ACHIEVE other than the Secretary of Defense, and if Article 127 thereof. ENHANCED PROTECTION FOR MEMBERS OF THE so delegated may not be subdelegated. (10) PEACEKEEPING OPERATION UNDER CHAP- ARMED FORCES OF THE UNITED STATES.—Not SEC. 1413. DEFINITIONS. TER VI OF THE CHARTER OF THE UNITED NA- later than one year after the date of the en- As used in this title and in section 706 of TIONS OR PEACE ENFORCEMENT OPERATION actment of this Act, the President should the Admiral James W. Nance and Meg Dono- UNDER CHAPTER VII OF THE CHARTER OF THE transmit to the appropriate congressional van Foreign Relations Authorization Act, UNITED NATIONS.—The term ‘‘peacekeeping committees a description of modifications to Fiscal Years 2000 and 2001: operation under chapter VI of the charter of the United Nations or peace enforcement op- command and operational control arrange- (1) APPROPRIATE CONGRESSIONAL COMMIT- eration under chapter VII of the charter of ments within military alliances to which the TEES.—The term ‘‘appropriate congressional United States is a party that could be made committees’’ means the Committee on Inter- the United Nations’’ means any military op- in order to reduce any risks to members of national Relations of the House of Rep- eration to maintain or restore international the Armed Forces of the United States iden- resentatives and the Committee on Foreign peace and security that— tified pursuant to subsection (a)(2). Relations of the Senate. (A) is authorized by the United Nations Se- curity Council under chapter VI or VII of the (c) SUBMISSION IN CLASSIFIED FORM.—The (2) CLASSIFIED NATIONAL SECURITY INFORMA- charter of the United Nations; and report under subsection (a), and the descrip- TION.—The term ‘‘classified national security tion of measures under subsection (b), or ap- information’’ means information that is (B) is paid for from assessed contributions propriate parts thereof, may be submitted in classified or classifiable under Executive of United Nations members that are made classified form. Order 12958 or a successor Executive order. available for peacekeeping or peace enforce- ment activities. SEC. 1410. WITHHOLDINGS. (3) COVERED ALLIED PERSONS.—The term (11) ROME STATUTE.—The term ‘‘Rome Funds withheld from the United States ‘‘covered allied persons’’ means military per- Statute’’ means the Rome Statute of the share of assessments to the United Nations sonnel, elected or appointed officials, and International Criminal Court, adopted by the or any other international organization dur- other persons employed by or working on be- United Nations Diplomatic Conference of ing any fiscal year pursuant to section 705 of half of the government of a NATO member Plenipotentiaries on the Establishment of an the Admiral James W. Nance and Meg Dono- country, a major non-NATO ally (including International Criminal Court on July 17, van Foreign Relations Authorization Act, Australia, Egypt, Israel, Japan, Jordan, Ar- 1998. Fiscal Years 2000 and 2001 (as enacted by sec- gentina, the Republic of Korea, and New Zea- (12) SUPPORT.—The term ‘‘support’’ means tion 1000(a)(7) of Public Law 106–113; 113 Stat. land), or Taiwan, for so long as that govern- assistance of any kind, including financial 1501A–460), are authorized to be transferred ment is not a party to the International support, transfer of property or other mate- to the Embassy Security, Construction and Criminal Court and wishes its officials and rial support, services, intelligence sharing, Maintenance Account of the Department of other persons working on its behalf to be ex- law enforcement cooperation, the training or State. empted from the jurisdiction of the Inter- national Criminal Court. detail of personnel, and the arrest or deten- SEC. 1411. APPLICATION OF SECTIONS 1404 AND tion of individuals. 1406 TO EXERCISE OF CONSTITU- (4) COVERED UNITED STATES PERSONS.—The TIONAL AUTHORITIES. term ‘‘covered United States persons’’ means (13) UNITED STATES MILITARY ASSISTANCE.— The term ‘‘United States military assist- (a) IN GENERAL.—Sections 1404 and 1406 members of the Armed Forces of the United shall not apply to any action or actions with States, elected or appointed officials of the ance’’ means— respect to a specific matter involving the United States Government, and other per- (A) assistance provided under chapter 2 or International Criminal Court taken or di- sons employed by or working on behalf of the 5 of part II of the Foreign Assistance Act of rected by the President on a case-by-case United States Government, for so long as the 1961 (22 U.S.C. 2151 et seq.); or basis in the exercise of the President’s au- United States is not a party to the Inter- (B) defense articles or defense services fur- thority as Commander in Chief of the Armed national Criminal Court. nished with the financial assistance of the United States Government, including Forces of the United States under article II, (5) EXTRADITION.—The terms ‘‘extradition’’ section 2 of the United States Constitution and ‘‘extradite’’ mean the extradition of a through loans and guarantees, under section or in the exercise of the executive power person in accordance with the provisions of 23 of the Arms Export Control Act (22 U.S.C. under article II, section 1 of the United chapter 209 of title 18, United States Code, 2763). States Constitution. (including section 3181(b) of such title) and SEC. 1414. EFFECTIVE DATE. (b) NOTIFICATION TO CONGRESS.— such terms include both extradition and sur- This title shall take effect one day after its (1) IN GENERAL.—Subject to paragraph (2), render as those terms are defined in Article date of enactment. not later than 15 days after the President 102 of the Rome Statute. SA 1788. Mr. KENNEDY submitted an takes or directs an action or actions de- (6) INTERNATIONAL CRIMINAL COURT.—The scribed in subsection (a) that would other- term ‘‘International Criminal Court’’ means amendment intended to be proposed by wise be prohibited under section 1404 or 1406, the court established by the Rome Statute. him to the bill S. 1438, to authorize ap- the President shall submit a notification of (7) MAJOR NON-NATO ALLY.—The term propriations for fiscal year 2002 for such action to the appropriate congressional ‘‘major non-NATO ally’’ means a country military activities of the Department committees. A notification under this para- that has been so designated in accordance of Defense, for military constructions,

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.101 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10017 and for defense activities of the De- agencies concerning grievances, conditions States Court of Appeals in the circuit in partment of Energy, to prescribe per- of employment and related matters. which the person resides or transacts busi- sonnel strengths for such fiscal year (6) LAW ENFORCEMENT OFFICER.—The term ness or in the District of Columbia circuit, for the Armed Forces, and for other ‘‘law enforcement officer’’ has the meaning for judicial review. In any judicial review of given such term in section 1204(5) of the Om- a determination by the Authority, the proce- purposes; which was ordered to lie on nibus Crime Control and Safe Streets Act of dures contained in subsections (c) and (d) of the table; as follows: 1968 (42 U.S.C. 3796b(5)). section 7123 of title 5, United States Code, At the appropriate place, insert the fol- (7) MANAGEMENT EMPLOYEE.—The term shall be followed, except that any final de- lowing: ‘‘management employee’’ has the meaning termination of the Authority with respect to TITLE llPUBLIC SAFETY EMPLOYER- given such term under applicable State law questions of fact or law shall be found to be EMPLOYEE COOPERATION in effect on the date of enactment of this conclusive unless the court determines that SEC. ll01. SHORT TITLE. Act. If no such State law is in effect, the the Authority’s decision was arbitrary and This title may be cited as the ‘‘Public term means an individual employed by a capricious. Safety Employer-Employee Cooperation Act public safety employer in a position that re- (b) RIGHTS AND RESPONSIBILITIES.—In mak- of 2001’’. quires or authorizes the individual to formu- ing a determination described in subsection late, determine, or influence the policies of SEC. ll02. DECLARATION OF PURPOSE AND (a), the Authority shall consider whether POLICY. the employer. State law provides rights and responsibilities The Congress declares that the following is (8) PUBLIC SAFETY OFFICER.—The term comparable to or greater than the following: the policy of the United States: ‘‘public safety officer’’— (1) Granting public safety officers the right (1) Labor-management relationships and (A) means an employee of a public safety to form and join a labor organization, which partnerships are based on trust, mutual re- agency who is a law enforcement officer, a may exclude management and supervisory spect, open communication, bilateral con- firefighter, or an emergency medical services employees, that is, or seeks to be, recognized personnel; sensual problem solving, and shared account- as the exclusive bargaining representative of (B) includes an individual who is tempo- ability. Labor-management cooperation such employees. rarily transferred to a supervisory or man- fully utilizes the strengths of both parties to (2) Requiring public safety employers to agement position; and best serve the interests of the public, oper- recognize the employees’ labor organization (C) does not include a permanent super- ating as a team, to carry out the public safe- (freely chosen by a majority of the employ- visory or management employee. ty mission in a quality work environment. In ees), to agree to bargain with the labor orga- (9) SUBSTANTIALLY PROVIDES.—The term many public safety agencies it is the union nization, and to commit any agreements to ‘‘substantially provides’’ means compliance that provides the institutional stability as writing in a contract or memorandum of un- with the essential requirements of this title, derstanding. elected leaders and appointees come and go. specifically, the right to form and join a (2) The Federal Government needs to en- (3) Permitting bargaining over hours, labor organization, the right to bargain over wages, and terms and conditions of employ- courage conciliation, mediation, and vol- wages, hours, and conditions of employment, ment. untary arbitration to aid and encourage em- the right to sign an enforceable contract, (4) Requiring an interest impasse resolu- ployers and their employees to reach and and availability of some form of mechanism tion mechanism, such as fact-finding, medi- maintain agreements concerning rates of to break an impasse, such as arbitration, me- ation, arbitration or comparable procedures. pay, hours, and working conditions, and to diation, or fact finding. (5) Requiring enforcement through State make all reasonable efforts through negotia- (10) SUPERVISORY EMPLOYEE.—The term courts of— tions to settle their differences by mutual ‘‘supervisory employee’’ has the meaning (A) all rights, responsibilities, and protec- agreement reached through collective bar- given such term under applicable State law tions provided by State law and enumerated gaining or by such methods as may be pro- in effect on the date of enactment of this in this section; and vided for in any applicable agreement for the Act. If no such State law is in effect, the settlement of disputes. term means an individual, employed by a (B) any written contract or memorandum (3) The absence of adequate cooperation be- public safety employer, who— of understanding. tween public safety employers and employ- (A) has the authority in the interest of the (c) FAILURE TO MEET REQUIREMENTS.—If ees has implications for the security of em- employer to hire, direct, assign, promote, re- the Authority determines, acting pursuant ployees and can affect interstate and intra- ward, transfer, furlough, lay off, recall, sus- to its authority under subsection (a), that a state commerce. The lack of such labor-man- pend, discipline, or remove public safety offi- State does not substantially provide for the agement cooperation can detrimentally im- cers, to adjust their grievances, or to effec- rights and responsibilities described in sub- pact the upgrading of police and fire services tively recommend such action, if the exer- section (b), such State shall be subject to the of local communities, the health and well- cise of the authority is not merely routine or regulations and procedures described in sec- being of public safety officers, and the mo- clerical in nature but requires the consistent tion ll05. rale of the fire and police departments. Addi- exercise of independent judgment; and SEC. ll05. ROLE OF FEDERAL LABOR RELA- tionally, these factors could have significant (B) devotes a majority of time at work ex- TIONS AUTHORITY. commercial repercussions. Moreover, pro- ercising such authority. (a) IN GENERAL.—Not later than 1 year viding minimal standards for collective bar- SEC. ll04. DETERMINATION OF RIGHTS AND RE- after the date of enactment of this Act, the gaining negotiations in the public safety sec- SPONSIBILITIES. Authority shall issue regulations in accord- tor can prevent industrial strife between (a) DETERMINATION.— ance with the rights and responsibilities de- labor and management that interferes with (1) IN GENERAL.—Not later than 180 days scribed in section ll04(b) establishing col- the normal flow of commerce. after the date of enactment of this Act, the lective bargaining procedures for public safe- SEC. ll03. DEFINITIONS. Authority shall make a determination as to ty employers and officers in States which In this title: whether a State substantially provides for the Authority has determined, acting pursu- (1) AUTHORITY.—The term ‘‘Authority’’ the rights and responsibilities described in ant to its authority under section ll04(a), means the Federal Labor Relations Author- subsection (b). do not substantially provide for such rights ity. (2) SUBSEQUENT DETERMINATIONS.— and responsibilities. (2) EMERGENCY MEDICAL SERVICES PER- (A) IN GENERAL.—A determination made (b) ROLE OF THE FEDERAL LABOR RELATIONS SONNEL.—The term ‘‘emergency medical pursuant to paragraph (1) shall remain in ef- AUTHORITY.—The Authority, to the extent services personnel’’ means an individual who fect unless and until the Authority issues a provided in this title and in accordance with provides out-of-hospital emergency medical subsequent determination, in accordance regulations prescribed by the Authority, care, including an emergency medical tech- with the procedures set forth in subpara- shall— nician, paramedic, or first responder. graph (B). (1) determine the appropriateness of units (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The (B) PROCEDURES FOR SUBSEQUENT DETER- for labor organization representation; terms ‘‘employer’’ and ‘‘public safety agen- MINATIONS.—Upon establishing that a mate- (2) supervise or conduct elections to deter- cy’’ mean any State, political subdivision of rial change in State law or its interpretation mine whether a labor organization has been a State, the District of Columbia, or any ter- has occurred, an employer or a labor organi- selected as an exclusive representative by a ritory or possession of the United States zation may submit a written request for a majority of the employees in an appropriate that employs public safety officers. subsequent determination. If satisfied that a unit; (4) FIREFIGHTER.—The term ‘‘firefighter’’ material change in State law or its interpre- (3) resolve issues relating to the duty to has the meaning given the term ‘‘employee tation has occurred, the Director shall issue bargain in good faith; engaged in fire protection activities’’ in sec- a subsequent determination not later than 30 (4) conduct hearings and resolve com- tion 3(y) of the Fair Labor Standards Act (29 days after receipt of such request. plaints of unfair labor practices; U.S.C. 203(y)). (3) JUDICIAL REVIEW.—Any State, political (5) resolve exceptions to the awards of arbi- (5) LABOR ORGANIZATION.—The term ‘‘labor subdivision of a State, or person aggrieved trators; and organization’’ means an organization com- by a determination of the Authority under (6) take such other actions as are nec- posed in whole or in part of employees, in this section may, during the 60 day period essary and appropriate to effectively admin- which employees participate, and which rep- beginning on the date on which the deter- ister this title, including issuing subpoenas resents such employees before public safety mination was made, petition any United requiring the attendance and testimony of

VerDate 11-MAY-2000 04:17 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.102 pfrm02 PsN: S01PT1 S10018 CONGRESSIONAL RECORD — SENATE October 1, 2001

witnesses and the production of documen- paredness Support in the Department of Jus- (b) CONVEYANCE REQUIRED TO TOOELE COUN- tary or other evidence from any place in the tice, $12,600,000 for each of fiscal years 2002 TY, UTAH.—(1) Notwithstanding any other United States, and administering oaths, tak- through 2006, to be used for the purposes of provision of law, the Secretary of the Air ing or ordering the taking of depositions, or- making grants to national nonprofit em- Force and the Secretary of the Interior shall dering responses to written interrogatories, ployee organizations that have experience in convey, without consideration, to Tooele and receiving and examining witnesses. providing terrorism response training using County, Utah, all right, title, and interest of (c) ENFORCEMENT.— skilled instructors who are both fire fighters the United States in and to the lands de- (1) AUTHORITY TO PETITION COURT.—The Au- and certified instructors, to train fire fight- clared excess at Wendover Air Force Base thority may petition any United States ers to safely and effectively respond to acts Auxiliary Field identified in Easement No. Court of Appeals with jurisdiction over the of terrorism. AFMC–HL–2–00–318. parties, or the United States Court of Ap- SEC. ll10. AUTHORIZATION OF APPROPRIA- (2) The purpose of the conveyance under peals for the District of Columbia Circuit, to TIONS. this subsection is to permit the establish- enforce any final orders under this section, There are authorized to be appropriated ment and maintenance of runway protection and for appropriate temporary relief or a re- such sums as may be necessary to carry out zones and an aircraft accident potential pro- straining order. Any petition under this sec- the provisions of this title, other than sec- tection zone as necessitated by continued tion shall be conducted in accordance with tion ll09. military aircraft operations at the Utah Test subsections (c) and (d) of section 7123 of title and Training Range. (c) MANAGEMENT OF CONVEYED LANDS.—The 5, United States Code, except that any final SA 1789. Mr. DODD submitted an lands conveyed under subsections (a) and (b) order of the Authority with respect to ques- amendment intended to be proposed by shall be managed by the City of West tions of fact or law shall be found to be con- him to the bill S. 1438, to authorize ap- Wendover, Nevada, City of Wendover, Utah, clusive unless the court determines that the propriations for fiscal year 2002 for Tooele County, Utah, and Elko County, Authority’s decision was arbitrary and capri- military activities of the Department Nevada— cious. of Defense, for military constructions, (1) in accordance with the provisions of an (2) PRIVATE RIGHT OF ACTION.—Unless the and for defense activities of the De- Interlocal Memorandum of Agreement en- Authority has filed a petition for enforce- tered into between the Cities of West ment as provided in paragraph (1), any party partment of Energy, to prescribe per- sonnel strengths for such fiscal year Wendover, Nevada, and Wendover, Utah, has the right to file suit in a State court of Tooele County, Utah, and Elko County, Ne- competent jurisdiction to enforce compli- for the Armed Forces, and for other vada, providing for the coordinated manage- ance with the regulations issued by the Au- purposes; which was ordered to lie on ment and development of the lands for the thority pursuant to subsection (b), and to en- the table; as follows: economic benefit of both communities; and force compliance with any order issued by On page 148, between lines 17 and 18, insert (2) in a manner that is consistent with the Authority pursuant to this section. The the following: such provisions of the easements referred to right provided by this subsection to bring a (c) SENSE OF THE SENATE.—It is the sense subsections (a) and (b) that remain applica- suit to enforce compliance with any order of the Senate that all eligible American vot- ble and relevant to the operation and man- issued by the Authority pursuant to this sec- ers, regardless of race, ethnicity, disability, agement of the lands following conveyance tion shall terminate upon the filing of a peti- the language they speak, or the resources of and are consistent with the provisions of this tion seeking the same relief by the Author- the community in which they live should section. ity. have an equal opportunity to cast a vote and (d) RESPONSIBILITY FOR ENVIRONMENTAL SEC. ll06. STRIKES AND LOCKOUTS PROHIB- have that vote counted. CLEANUP.—The Secretary of Defense shall be ITED. responsible for compliance with all environ- A public safety employer, officer, or labor SA 1790. Mr. REID submitted an mental laws and regulations relating to the organization may not engage in a lockout, amendment intended to be proposed by cleanup of any military munitions or other sickout, work slowdown, or strike or engage environmental contaminants discovered on in any other action that is designed to com- him to the bill S. 1438, to authorize ap- propriations for fiscal year 2002 for the lands conveyed under this section after pel an employer, officer, or labor organiza- their conveyance under this section that are tion to agree to the terms of a proposed con- military activities of the Department attributable to activities of the Department tract and that will measurably disrupt the of Defense, for military constructions, of Defense or the Department of Energy be- delivery of emergency services, except that and for defense activities of the De- fore the conveyance of the lands under this it shall not be a violation of this section for partment of Energy, to prescribe per- section. an employer, officer, or labor organization to sonnel strengths for such fiscal year (e) COMPLIANCE WITH NEPA.—Compliance refuse to provide services not required by the for the Armed Forces, and for other by the Secretary of the Air Force with the terms and conditions of an existing contract. purposes; which was ordered to lie on provisions of the National Environmental SEC. ll07. EXISTING COLLECTIVE BARGAINING Policy Act of 1969 (42 U.S.C. 4321 et seq.) the UNITS AND AGREEMENTS. the table; as follows: easements referred to in subsections (a) and A certification, recognition, election-held, At the end of subtitle C of title XXVIII, (b) shall constitute compliance by the Sec- collective bargaining agreement or memo- add the following: retary of the Air Force and the Secretary of randum of understanding which has been SEC. 2827. LAND CONVEYANCES, WENDOVER AIR the Interior with respect to the conveyances issued, approved, or ratified by any public FORCE BASE AUXILIARY FIELD, NE- required by this section. employee relations board or commission or VADA. (f) ADDITIONAL TERMS AND CONDITIONS.— by any State or political subdivision or its (a) CONVEYANCES REQUIRED TO WEST The Secretary of the Air Force and the Sec- agents (management officials) in effect on WENDOVER, NEVADA.—(1) Notwithstanding retary of the Interior may jointly require the day before the date of enactment of this any other provision of law, the Secretary of such additional terms and conditions in con- Act shall not be invalidated by the enact- the Air Force and the Secretary of the Inte- nection with the conveyances required by ment of this Act. rior shall convey, without consideration, to subsections (a) and (b) as the Secretaries SEC. ll08. CONSTRUCTION AND COMPLIANCE. the City of West Wendover, Nevada, all right, consider appropriate to protect the interests (a) CONSTRUCTION.—Nothing in this title title, and interest of the United States in of the United States. shall be construed— and to the following: (1) to invalidate or limit the remedies, (A) The lands declared excess at Wendover SA 1791. Mr. BINGAMAN submitted rights, and procedures of any law of any Air Force Base Auxiliary Field, Nevada, an amendment intended to be proposed State or political subdivision of any State or identified in Easement No. AFMC–HL–2–00– by him to the bill S. 1438, to authorize jurisdiction that provides collective bar- 334. appropriations for fiscal year 2002 for gaining rights for public safety officers that (B) The lands declared excess at Wendover military activities of the Department are equal to or greater than the rights pro- Air Force Base Auxiliary Field identified for of Defense, for military constructions, vided under this title; or disposition on the map entitled ‘‘West and for defense activities of the De- Wendover, Nevada–Excess’’ dated January 5, (2) to prevent a State from prohibiting bar- partment of Energy, to prescribe per- gaining over issues which are traditional and 2001. customary management functions, except as (2) The purposes of the conveyances under sonnel strengths for such fiscal year provided in section ll04(b)(3). this subsection are— for the Armed Forces, and for other (b) COMPLIANCE.—No State shall preempt (A) to permit the establishment and main- purposes; which was ordered to lie on laws or ordinances of any of its political sub- tenance of runway protection zones; and the table; as follows: divisions if such laws provide collective bar- (B) to provide for the development of an in- At the end of subtitle D of title III, add the gaining rights for public safety officers that dustrial park and related infrastructure. following: (3) The map referred to in paragraph (1)(B) are equal to or greater than the rights pro- SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- vided under this title. shall be on file and available for public in- EIGN LANGUAGE CENTER EX- SEC. ll09. OFFICE FOR STATE AND LOCAL DO- spection in the offices of the Director of the PANDED ARABIC LANGUAGE PRO- MESTIC PREPAREDNESS SUPPORT. Bureau of Land Management and the Elko GRAM. There is authorized to be appropriate to District Office of the Bureau of Land Man- Of the amount authorized to be appro- the Office for State and Local Domestic Pre- agement. priated by section 301(1) for operation and

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.102 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10019 maintenance for the Army, $650,000 may be same favorable terms to the United States, standing any other provision of law, the Sec- available for the Defense Language Institute including to nationals of the United States, retary of Veterans Affairs may request from, Foreign Language Center (DLIFLC) for an who as members of the United States Armed and the head of the department or agency so expanded Arabic language program. Forces, were held as prisoners of war by requested shall provide to the Secretary, in- Japan during World War II and who were formation relating to chemical or biological SA 1792. Mr. SMITH of New Hamp- forced to provide labor without compensa- tests conducted by Japan on members of the shire submitted an amendment in- tion and under inhumane conditions. United States Armed Forces held as pris- tended to be proposed by him to the (8) The people of the United States owe a oners of war by Japan during World War II, bill S. 1401, to authorize appropriations deep and eternal debt to the heroic United including any information provided to the for the Department of State and for States servicemembers held as prisoners of United States Government by Japan. war by Japan for the sacrifices those United States international broad- (b) AVAILABILITY OF INFORMATION TO INTER- servicemembers made on behalf of the casting activities for fiscal years 2002 United States in the days after the ignomin- ESTED MEMBERS OF THE ARMED FORCES.—Any and 2003, and for other purposes; which ious aggression of Japan against the United information received by the Secretary of was ordered to lie on the table; as fol- States at Pearl Harbor, Bataan, and Cor- Veterans Affairs under subsection (a), with lows: regidor. respect to an individual member of the United States Armed Forces held as a pris- On page 152, after line 4, add the following (9) The pursuit of justice by those oner of war by Japan during World War II, new subtitle: servicemembers through lawsuits filed in the United States, where otherwise supported by may be made available to that individual to Subtitle G—Justice for United States the extent otherwise provided by law. Prisoners of War Act of 2001 Federal, State, or international law, is con- sistent with the interests of the United SEC. 796. DEFINITIONS. SEC. 791. SHORT TITLE. States and should not be preempted by any This subtitle may be cited as the ‘‘Justice other provision of law or by the Treaty. In this subtitle: for United States Prisoners of War Act of (10) Despite repeated requests for disclo- (1) JAPANESE DEFENDANT.— 2001’’. sure by United States servicemembers, the (A) IN GENERAL.—The term ‘‘Japanese de- SEC. 792. FINDINGS. Department of Veterans Affairs, and Con- fendant’’ means a Japanese national, an en- The Congress finds the following: gress, the United States Government has tity organized or incorporated under Japa- (1) During World War II, members of the withheld from those servicemembers and nese law, an affiliate of an entity organized United States Armed Forces held as pris- their physicians Japanese records that were or incorporated under Japanese law that is oners of war by Japan were forced to provide turned over to the United States and that re- organized or incorporated under the laws of labor for Japanese privately owned corpora- late to chemical and biological experiments any State, and any predecessor of that enti- tions in functions unrelated to the prosecu- conducted on United States servicemembers ty or affiliate. tion of the war. held as prisoners of war by Japan during (B) LIMITATION.—The term does not include (2) International law, including inter- World War II. the Government of Japan. national conventions relating to the protec- (2) STATE.—The term ‘‘State’’ means the SEC. 793. SUITS AGAINST JAPANESE NATIONALS. tion of prisoners of war, was violated when several States, the District of Columbia, and these Japanese corporations— (a) IN GENERAL.—In an action brought in a any commonwealth, territory or possession (A) failed to pay wages to captured United Federal court against a Japanese defendant of the United States. States servicemembers for their labor; by a member of the United States Armed (3) TREATY.—The term ‘‘Treaty’’ mean the (B) allowed and promoted torture and mis- Forces who was held as a prisoner of war by Treaty of Peace with Japan, signed at San treatment of captured United States Japan during World War II that seeks com- Francisco on September 8, 1951 (3 UST 3169). servicemembers; and pensation for mistreatment or failure to pay (C) withheld food and medical treatment wages in connection with labor performed by from captured United States such a member to the benefit of the Japanese SA 1793. Mr. LEVIN (for himself and servicemembers. defendant during World War II, the court— Mr. WARNER) proposed an amendment (3) In the Treaty of Peace with Japan, (1) shall apply the applicable statute of to the bill S. 1438, to authorize appro- signed at San Francisco September 8, 1951 (3 limitations of the State in which the Federal priations for fiscal year 2002 for mili- UST 3169), the Government of Japan admit- court hearing the case is located; tary activities of the Department of (2) shall not construe Article 14(b) of the ted liability for illegal conduct toward the Defense, for military constructions, Allied Powers and, in particular, liability for Treaty as constituting a waiver by the illegal and inhumane conduct toward mem- United States of claims by nationals of the and for defense activities of the De- bers of the armed forces of the Allied Powers United States, including claims by members partment of Energy, to prescribe per- held as prisoners of war. of the United States Armed Forces, so as to sonnel strengths for such fiscal year (4) Despite this admission of liability, Arti- preclude the pending action. for the Armed Forces, and for other cle 14(b) of the Treaty has been construed to (b) SUNSET.—Paragraph (1) of subsection purposes; as follows: waive all private claims by nationals of the (a) shall cease to apply at the end of the 10- United States, including private claims by year period beginning on the date of enact- In section 2301(b), in the table, insert after members of the United States Armed Forces ment of this Act. the item relating to Osan Air Base, Korea, held as prisoners of war by Japan during the following new item: SEC. 794. APPLICABILITY OF RIGHTS UNDER AR- World War II. TICLE 26 OF THE TREATY OF PEACE Oman ...... Masirah Island $8,000,000 (5) Under Article 26 of the Treaty, the gov- WITH JAPAN. ernment of Japan agreed that if Japan en- It is the policy of the United States Gov- In section 2301(b), in the table, strike the tered into a war claims settlement agree- ernment to ensure that all terms under any item identified as the total in the amount ment with a country that is not a party to war claims settlement agreement between column and insert ‘‘$257,392,000’’. the Treaty that provides more favorable Japan and any other country that are more In section 2304(a), in the matter preceding terms to that country than the terms Japan extended to the parties to the Treaty, then favorable than those terms extended to the paragraph (1), strike ‘‘$2,579,791,000’’ and in- Japan would extend those more favorable United States under the Treaty, will be ex- sert ‘‘$2,587,791,000’’. terms to each of the parties to the Treaty, tended to the United States in accordance In section 2304(a)(2), strike ‘‘$249,392,000’’ including to the United States. with Article 26 of the Treaty with respect to and insert ‘‘$257,392,000’’. (6) Since the entry into force of the Treaty claims by nationals of the United States in 1952, the Government of Japan has entered who, as members of the United States Armed into war claims settlement agreements with Forces, were held as prisoners of war by SA 1794. Mr. WARNER (for himself countries that are not party to the Treaty Japan during World War II and who were and Mr. LEVIN) proposed an amend- that provide more favorable terms than forced to provide labor without compensa- ment to the bill S. 1438, to authorize those extended to the parties to the Treaty, tion and under inhumane conditions. appropriations for fiscal year 2002 for such as terms that allow claims by nationals SEC. 795. AVAILABILITY OF INFORMATION RE- military activities of the Department of those countries against Japanese nation- LATING TO CERTAIN CHEMICAL AND of Defense, for military constructions, als to be pursued without limitation, restric- BIOLOGICAL TESTS CONDUCTED BY tion, or waiver or any type. JAPAN DURING WORLD WAR II. and for defense activities of the De- (7) In accordance with Article 26 of the (a) AVAILABILITY OF INFORMATION TO THE partment of Energy, to prescribe per- Treaty, Japan is obligated to extend those SECRETARY OF VETERANS AFFAIRS.—Notwith- sonnel strengths for such fiscal year

VerDate 11-MAY-2000 04:17 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.107 pfrm02 PsN: S01PT1 S10020 CONGRESSIONAL RECORD — SENATE October 1, 2001 for the Armed Forces, and for other partment of Energy, to prescribe per- bill S. 1438, to authorize appropriations purposes; as follows: sonnel strengths for such fiscal year for fiscal year 2002 for military activi- At the end of subtitle C of title XXVIII, for the Armed Forces, and for other ties of the Department of Defense, for add the following: purposes; as follows: military constructions, and for defense SEC. 2827. LAND ACQUISITION, PERQUIMANS On page 18, line 14, increase the amount by activities of the Department of Energy, COUNTY, NORTH CAROLINA. $22,700,000. to prescribe personnel strengths for The Secretary of the Navy may, using On page 23, line 12, reduce the amount by such fiscal year for the Armed Forces, funds previously appropriated for such pur- $22,700,000. pose, acquire any and all right, title, and in- and for other purposes; as follows: terest in and to a parcel of real property, in- SA 1797. Mr. LEVIN (for Mrs. At the appropriate place, insert: cluding improvements thereon, consisting of Of the funds authorized to be appropriated CARNAHAN) proposed an amendment to for section 301, $230,255,000 shall be available approximately 240 acres, or any portion the bill S. 1438, to authorize appropria- thereof, in Perquimans County, North Caro- for Environmental Restoration, Formerly lina, for purposes of including such parcel in tions for fiscal year 2002 for military Used Defense Sites. the Harvey Point Defense Testing Activity, activities of the Department of De- Hertford, North Carolina. fense, for military constructions, and SA 1799. Mr. LEVIN (for Mr. DORGAN) for defense activities of the Depart- proposed an amendment to the bill S. SA 1795. Mr. LEVIN (for Mr. FEIN- ment of Energy, to prescribe personnel 1438, to authorize appropriations for GOLD) proposed an amendment to the strengths for such fiscal year for the fiscal year 2002 for military activities bill S. 1438, to authorize appropriations Armed Forces, and for other purposes; of the Department of Defense, for mili- for fiscal year 2002 for military activi- as follows: tary constructions, and for defense ac- ties of the Department of Defense, for On page 235, between lines 15 and 16, insert tivities of the Department of Energy, military constructions, and for defense the following: to prescribe personnel strengths for activities of the Department of Energy, SEC. 718. TRANSITIONAL HEALTH CARE TO MEM- such fiscal year for the Armed Forces, to prescribe personnel strengths for BERS SEPARATED FROM ACTIVE and for other purposes; as follows: DUTY. such fiscal year for the Armed Forces, At the appropriate place in the bill, insert (a) PERMANENT AUTHORITY FOR INVOLUN- and for other purposes; as follows: the following new section. TARILY SEPARATED MEMBERS AND MOBILIZED At the appropriate place in the bill insert SEC.. PLAN.—The Secretary of the Navy RESERVES.—Subsection (a) of section 1145 of the following sections: shall, not later than February 1, 2002, submit title 10, United States Code, is amended— to Congress a plan to ensure that the embar- SEC. . LAND CONVEYANCE, ARMY RESERVE CEN- (1) in paragraph (1), by striking ‘‘paragraph TER, KEWAUNEE, WISCONSIN. kation of selected civilian guests does not (2), a member’’ and all that follows through (a) CONVEYANCE REQUIRED.—The Adminis- interfere with the operational readiness and ‘‘of the member),’’ and inserting ‘‘paragraph trator of General Services may convey, with- safe operation of Navy vessels. The plan (3), a member of the armed forces who is sep- out consideration, to the City of Kewaunee, shall include, at a minimum: arated from active duty as described in para- Wisconsin (in this section referred to as the Procedures to ensure that guest embar- graph (2)’’; City), all right, title, and interest of the kations are conducted only within the (2) by redesignating paragraph (2) as para- United States in and to a parcel of Federal framework of regularly scheduled operations graph (3); real property, including improvements and that underway operations are not con- (3) by inserting after paragraph (1) the fol- thereon, that is located at 401 5th Street in ducted solely to accommodate non-official lowing new paragraph (2): Kewaunee, Wisconsin, and contains an excess civilian guests, ‘‘(2) This subsection applies to the fol- Army Reserve Center. After such convey- Guidelines for the maximum number of lowing members of the armed forces: ance, the property may be used and occupied guests that can be embarked on the various ‘‘(A) A member who is involuntarily sepa- only by the City, or by another local or classes of Navy vessels, rated from active duty. State government entity approved by the Guidelines and procedures for supervising ‘‘(B) A member of a reserve component who City. civilians operating or controlling any equip- is separated from active duty to which called (b) DESCRIPTION OF PROPERTY.—The exact ment on Navy vessels, or ordered in support of a contingency oper- acreage and legal description of the real Guidelines to ensure that proper standard ation if the active duty is active duty for a property to be conveyed under subsection (a) operating procedures are not hindered by ac- period of more than 30 days. shall be determined by a survey satisfactory tivities related to hosting civilians, ‘‘(C) A member who is separated from ac- to the Administrator. The cost of the survey Any other guidelines or procedures the tive duty for which the member is involun- shall be borne by the City. Secretary shall consider necessary or appro- tarily retained under section 12305 of this (c) REVERSIONARY INTEREST.—During the priate. 20-year period beginning on the date the Ad- title in support of a contingency operation. Definition. For the purposes of this sec- ministrator makes the conveyance under ‘‘(D) A member who is separated from ac- tion, civilian guests are defined as civilians subsection (a), if the Administrator deter- tive duty served pursuant to a voluntary invited to embark on Navy ships solely for mines that the conveyed property is not agreement of the member to remain on ac- the purpose of furthering public awareness of being used and occupied in accordance with tive duty for a period of less than one year in the Navy and its mission. It does not include such subsection, all right, title, and interest support of a contingency operation.’’; and civilians conducting official business. in and to the property, including any im- (4) in paragraph (3), as redesignated by paragraph (2), is amended by striking ‘‘invol- provements thereon, shall revert to the SA 1800. Mr. WARNER (for Mr. LOTT) untary’’ each place it appears. United States. Upon reversion, the United proposed an amendment to the bill S. States shall immediately proceed to a public (b) CONFORMING AMENDMENTS.—Such sec- tion 1145 is further amended— 1438, to authorize appropriations for sale of the property. fiscal year 2002 for military activities (d) ADDITIONAL TERMS AND CONDITIONS.—(1) (1) in subsection (c)(1), by striking ‘‘during The property shall not be used for commer- the period beginning on October 1, 1990, and of the Department of Defense, for mili- cial purposes. ending on December 31, 2001’’; and tary constructions, and for defense ac- (2) The Administrator may require such (2) in subsection (e), by striking the first tivities of the Department of Energy, additional terms and conditions in connec- sentence. to prescribe personnel strengths for tion with the conveyance under subsection (c) REPEAL OF SUPERSEDED AUTHORITY.—(1) such fiscal year for the Armed Forces, Section 1074b of title 10, United States Code, (a) as the Administrator considers appro- and for other purposes; as follows: priate to protect the interests of the United is repealed. States. (2) The table of sections at the beginning of At the end of subtitle B of title XII add the chapter 55 of such title is amended by strik- following: SEC. . TREATMENT OF AMOUNTS RECEIVED. Any net proceeds received by the United ing the item relating to section 1074b. SEC. 1217. ALLIED DEFENSE BURDENSHARING. (d) TRANSITION PROVISION.—Notwith- States as payment under subsection (c) of It is the sense of the Senate that—— standing the repeal of section 1074b of title the previous section shall be deposited into (1) the efforts of the President to increase 10, United States Code, by subsection (c), the the Land and Water Conservation Fund. defense burdensharing by allied and friendly provisions of that section, as in effect before nations deserve strong support; SA 1796. Mr. WARNER (for himself the date of the enactment of this Act, shall (2) host support agreements with those na- continue to apply to a member of the Armed and Mr. LEVIN) proposed an amend- tions in which United States military per- Forces who is released from active duty in ment to the bill S. 1438, to authorize sonnel are assigned to permanent duty support of a contingency operation before ashore should be negotiated consistent with appropriations for fiscal year 2002 for that date. section 1221(a)(1) of the National Defense Au- military activities of the Department thorization Act for Fiscal Year 1998 (P.L. of Defense, for military constructions, SA 1798. Mr. WARNER (for Mr. STE- 105–85) which sets forth a goal of obtaining and for defense activities of the De- VENS) proposed an amendment to the financial contributions from host nations

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that amount to 75 percent of the non-per- (b) CLERICAL AMENDMENT.—The table of SEC. 335. CONSEQUENCE MANAGEMENT TRAIN- sonnel costs incurred by the United States sections at the beginning of that Act is ING. government for stationing military per- amended by inserting after the item relating Of the amount authorized to be appro- sonnel in those nations. to section 662 the following new item: priated by section 301(5), $5,000,000 may be available for the training of members of the ‘‘Sec. 663. Annual assessment and report on Armed Forces (including reserve component SA 1801. Mr. LEVIN (for Mr. BINGA- vulnerability of facilities to personnel) in the management of the con- MAN) proposed an amendment to the terrorist attack.’’. bill S. 1438, to authorize appropriations sequences of an incident involving the use or for fiscal year 2002 for military activi- threat of use of a weapon of mass destruc- SA 1804. Mr. WARNER proposed an tion. ties of the Department of Defense, for amendment to the bill S. 1438, to au- military constructions, and for defense thorize appropriations for fiscal year SA 1807. Mr. LEVIN (for Mr. ROCKE- activities of the Department of Energy, 2002 for military activities of the De- FELLER) proposed an amendment to the to prescribe personnel strengths for partment of Defense, for military con- bill S. 1438, to authorize appropriations such fiscal year for the Armed Forces, structions, and for defense activities of for fiscal year 2002 for military activi- and for other purposes; as follows: the Department of Energy, to prescribe ties of the Department of Defense, for At the end of subtitle D of title III, add the personnel strengths for such fiscal year military constructions, and for defense following: for the Armed Forces, and for other activities of the Department of Energy, SEC. 335. DEFENSE LANGUAGE INSTITUTE FOR- purposes; as follows: to prescribe personnel strengths for EIGN LANGUAGE CENTER EX- PANDED ARABIC LANGUAGE PRO- On page 396, between lines 13 and 14, insert such fiscal year for the Armed forces, GRAM. the following: and for other purposes; as follows: Of the amount authorized to be appro- SEC. 1217. RELEASE OF RESTRICTION ON USE OF At the end of subtitle D of Title XXVIII, priated by section 301(1) for operation and CERTAIN VESSELS PREVIOUSLY AU- add the following: THORIZED TO BE SOLD. maintenance for the Army, $650,000 may be SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO available for the Defense Language Institute Section 3603(a) of the Storm Thurmond Na- REPAIR OR ESTABLISHMENT MEMO- Foreign Language Center (DLIFLC) for an tional Defense Authorization Act for Fiscal RIAL AT PENTAGON RESERVATION. expanded Arabic language program. Year 1999 (Public Law 105–261; 112 Stat. 2273) (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— is amended by striking ‘‘for full use as an The Secretary of Defense may accept con- SA 1802. Mr. WARNER (for Mr. LOTT) oiler’’. tributions made for the purpose of estab- proposed an amendment to the bill S. lishing a memorial or assisting in the repair 1438, to authorize appropriations for SA 1805. Mr. LEVIN (for Mr. DURBIN) of the damage caused to the Pentagon Res- fiscal year 2002 for military activities proposed an amendment to the bill S. ervation by the terrorist attack that oc- of the Department of Defense, for mili- 1438, to authorize appropriations for curred on September 11, 2001. tary constructions, and for defense ac- fiscal year 2002 for military activities (b) DEPOSIT OF CONTRIBUTIONS.—The Sec- of the Department of Defense, for mili- retary shall deposit contributions accepted tivities of the Department of Energy, under subsection (a) in the Pentagon Res- to prescribe personnel strengths for tary constructions, and for defense ac- ervation Maintenance Revolving Fund estab- such fiscal year for the Armed Forces, tivities of the Department of Energy, lished by section 2674(e) of title 10, United and for other purposes; as follows: to prescribe personnel strengths for states Code. At the appropriate place in the bill, add such fiscal year for the Armed Forces, the following: and for other purposes; as follows: SA 1808. Mr. WARNER (for MCCAIN) SEC. 301(5). AUTHORIZATION OF ADDITIONAL At the end of subtitle A of title III, add the proposed an amendment to the bill S. FUNDS. following: 1438, to authorize appropriations for Of the amount authorized to be appro- SEC. 306. FUNDS FOR RENOVATION OF DEPART- fiscal year 2002 for military activities priated by section 301(5), $2,000,000 may be MENT OF VETERANS AFFAIRS FA- of the Department of Defense, for mili- available for the replacement and refurbish- CILITIES ADJACENT TO NAVAL tary constructions, and for defense ac- ment of air handlers and related control sys- TRAINING CENTER, GREAT LAKES, tivities of the Department of Energy, tems at Air Force medical centers. ILLINOIS. (a) AVAILIABILITY OF FUNDS FOR RENOVA- to prescribe personnel strengths for SA 1803. Mr. LEVIN (for Mr. BINGA- TION.—Subject to subsection (b), of the such fiscal year for the Armed Forces, MAN) proposed an amendment to the amount authorized to be appropriated by and for other purposes; as follows: bill S. 1438, to authorize appropriations section 301(2) for operations and mainte- On page 192, after line 20, insert the fol- for fiscal year 2002 for military activi- nance for the Navy, the Secretary of the lowing: Navy may make available to the Secretary ties of the Department of Defense, for SEC. 621. ELIGIBILITY FOR CERTAIN CAREER of Veterans Affairs up to $2,000,000 for reloca- CONTINUATION BONUSES FOR military constructions, and for defense tion of Department of Veterans Affairs ac- EARLY COMMITMENT TO REMAIN ON activities of the Department of Energy, tivities and associated renovation of existing ACTIVE DUTY. to prescribe personnel strengths for facilities at the North Chicago Department (a) AVIATION OFFICERS.—Section 301b(b)(4) such fiscal year for the Armed Forces, of Veterans Affairs Medical Center. of title 37, United States Code, is amended by and for other purposes; as follows: (b) LIMITATION.—The Secretary of the Navy striking ‘‘has completed’’ and inserting ‘‘is On page 553, between lines 12 and 13, insert may make funds available under subsection within one year of the completion of’’. the following: (a) only after the Secretary of the Navy and (b) SURFACE WARFARE OFFICERS.—Section the Secretary of Veterans Affairs enter into 319(a)(3) of title 37, United States Code, is SEC. 3159. ANNUAL ASSESSMENT AND REPORT an appropriate agreement for the use by the ON VULNERABILITY OF DEPART- amended by striking ‘‘has completed’’ and MENT OF ENERGY FACILITIES TO Secretary of the Navy of approximately 48 inserting ‘‘is within one year of the comple- TERRORIST ATTACK. acres of real property at the North Chicago tion of’’. (a) IN GENERAL.—Part C of title VI of the Department of Veterans Affairs property re- Department of Energy Organization Act (42 ferred to in subsection (a) for expansion of SA 1809. Mr. LEVIN (for Mr. BINGA- U.S.C. 7251 et seq.) is amended by adding at the Naval Training Center, Great Lakes, Illi- MAN (for himself and Mr. DOMENICI) the end the following new section: nois. proposed an amendment to the bill S. ‘‘ANNUAL ASSESSMENT AND REPORT ON VUL- 1438, to authorize appropriations for OND NERABILITY OF FACILITIES TO TERRORIST AT- SA 1806. Mr. WARNER (for Mr. B fiscal year 2002 for military activities TACK (for himself and Mr. BYRD) proposed an of the Department of Defense, for mili- ‘‘SEC. 663. (a) The Secretary shall, on an amendment to the bill S. 1438, to au- tary constructions, and for defense ac- annual basis, conduct a comprehensive as- thorize appropriations for fiscal year tivities of the Department of Energy, sessment of the vulnerability of Department 2002 for military activities of the De- to prescribe personnel strengths for facilities to terrorist attack. partment of Defense, for military con- such fiscal year for the Armed Forces, ‘‘(b) Not later than January 31 each year, structions, and for defense activities of and for other purposes; as follows: the Secretary shall submit to Congress a re- the Department of Energy, to prescribe At the end of subtitle B of title II, add the port on the assessment conducted under sub- personnel strengths for such fiscal year section (a) during the preceding year. Each following: for the Armed Forces, and for other report shall include the results of the assess- SEC. 215. BIG CROW PROGRAM AND DEFENSE ment covered by such report, together with purposes; as follows: SYSTEMS EVALUATION PROGRAM. such findings and recommendations as the On page 65, after line 24, insert the fol- (a) INCREASE IN AUTHORIZATION OF APPRO- Secretary considers appropriate.’’. lowing: PRIATIONS FOR RESEARCH, DEVELOPMENT,

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.112 pfrm02 PsN: S01PT1 S10022 CONGRESSIONAL RECORD — SENATE October 1, 2001 TEST, AND EVALUATION, DEFENSE-WIDE.—The partment of Defense, for military con- the bill S. 1438, to authorize appropria- amount authorized to be appropriated by structions, and for defense activities of tions for fiscal year 2002 for military section 201(4) for research, development, test, the Department of Energy to prescribe activities of the Department of De- and evaluation, Defense-wide, is hereby in- personnel strengths for such fiscal year fense, for military constructions, and creased by $6,500,000, with the amount of the increase to be available for operational test for the Armed Forces, and for other for defense activities of the Depart- and evaluation (PE605118D). purposes; as follows: ment of Energy, to prescribe personnel (b) AVAILABILITY OF FUNDS.—Of the On page 65, after line 24, insert the fol- strengths for such fiscal year for the amount authorized to be appropriated by lowing: Armed Forces, and for other purposes; section 201(4), as increased by subsection SEC. 335. CRITICAL INFRASTRUCTURE PROTEC- as follows: (a)— TION INITIATIVE OF THE NAVY. On page 171, between lines 2 and 3, insert (1) $5,000,000 may be available for the Big Of the amount authorized to be appro- the following: Crow program; and priated by section 301(2), $6,000,000 may be (2) $1,500,000 may be available for the De- SEC. 589. REPORT ON HEALTH AND DISABILITY available for the critical infrastructure pro- BENEFITS FOR PRE-ACCESSION fense Systems Evaluation (DSE) program. tection initiative of the Navy. TRAINING AND EDUCATION PRO- (c) OFFSET.—The amount authorized to be GRAMS. appropriated by section 301(5) for operation SA 1813. Mr. LEVIN (for Mr. CONRAD (a) STUDY.—The Secretary of Defense shall and maintenance for Defense-wide activities (for himself, Mr. DORGAN, Mr. ENZI, Mr. conduct a review of the health and disability is hereby reduced by $6,500,000. BAUCUS, Mr. BURNS, and Mr. THOMAS)) benefit programs available to recruits and proposed an amendment to the bill S. officer candidates engaged in training, edu- Mr. WARNER (for Mr. LOTT) SA 1810. 1438, to authorize appropriations for cation, or other types of programs while not proposed an amendment to the bill S. fiscal year 2002 for military activities yet on active duty and to cadets and mid- 1438, to authorize appropriations for of the Department of Defense, for mili- shipmen attending the service academies. fiscal year 2002 for military activities The review shall be conducted with the par- tary constructions, and for defense ac- of the Department of Defense, for mili- ticipation of the Secretaries of the military tivities of the Department of Energy to tary constructions, and for defense ac- departments. prescribe personnel strengths for such tivities of the Department of Energy, (b) REPORT.—Not later than March 1, 2002, fiscal year for the Armed Forces, and the Secretary shall submit to the Committee to prescribe personnel strengths for for other purposes; as follows: on Armed Services of the Senate and the such fiscal year for the Armed Forces, Committee on Armed Services of the House and for other purposes; as follows: At the appropriate place, insert: STUDY AND PLAN.— of Representatives a report on the findings of At the appropriate place in the bill, add (a). With the submission of the fiscal year the review. The report shall include the fol- the following: 2003 budget request, the Secretary of Defense lowing with respect to persons described in SEC. 201(1). AUTHORIZATION OF ADDITIONAL shall provide to the congrssional defense subsection (a): FUNDS. committees a report and the Secretary’s rec- (1) A statement of the process and detailed AUTHORIZATION.—The amount authorized ommendations on options for providing the procedures followed by each of the Armed to be appropriated in section 201(1) is in- helicopter support missions for the ICBM Forces under the jurisdiction of the Sec- creased by $2,500,000 in PE62303A214 for En- wings at Minot AFB, North Dakota; retary of a military department to provide hanced Scramjet Mixing. Malmstrom AFB, Montana; and F.E. Warren health care and disability benefits to all OFFSET.—The amount authorized to be ap- AFB, Wyoming, for as long as these missions such persons injured in training, education, propriated by section 301(5) is reduced by are required. or other types of programs conducted by the $2,500,000. (b) Options to be reviewed include: Secretary of a military department. (1) the Air Force’s current plan for replace- (2) Information on the total number of SA 1811. Mr. LEVIN (for Mr. CLELAND ment or modernization of UH–1N helicopters cases of such persons requiring health care (for himself and Mr. MILLER) proposed currently flown by the Air Force at the mis- and disability benefits and the total number an amendment to the bill S. 1438, to au- sile wings; of cases and average value of health care and thorize appropriations for fiscal year (2) replacement of the UH–1N helicopters disability benefits provided under the au- 2002 for military activities of the De- currently flown by the Air Force with UH–60 thority for each source of benefits available Black Hawk helicopters, the UH–1Y, or an- to those persons. partment of Defense, for military con- other platform. (3) A discussion of the issues regarding structions, and for defense activities of (3) replacement of UH–1N helicopters with health and disability benefits for such per- the Department of Energy, to prescribe UH–60 helicopters and transition of the mis- sons that are encountered by the Secretary personnel strengths for such fiscal year sion to the Army National Guard, as detailed during the review, to include discussions for the Armed Forces, and for other in a November 2000 Air Force Space Com- with individuals who have received those purposes; as follows: mand/Army National Guard plan, ‘‘ARNG benefits. Helicopter Support to Air Force Space Com- (4) A statement of the processes and de- At the end of subtitle A of title II, add the mand;’’ tailed procedures followed by each of the following: (4) replacement of UH–1N helicopters with Armed Forces under the jurisdiction of the SEC. 203. FUNDING FOR SPECIAL OPERATIONS UH–60 helicopters or another platform, and Secretary of a military department to pro- FORCES COMMAND, CONTROL, COM- establishment of composite units combining MUNICATIONS, COMPUTERS, AND IN- vide recruits and officer candidates with suc- TELLIGENCE SYSTEMS THREAT active duty Air Force and Army National cinct information on the eligibility require- WARNING AND SITUATIONAL Guard personnel; and ments (including information on when they AWARENESS PROGRAM. (5) other options as the Secretary deems become eligible) for health care benefits (a) INCREASED AUTHORIZATION OF APPRO- appropriate. under the Defense health care program, and PRIATIONS FOR RESEARCH, DEVELOPMENT, (c). Factors to be considered in this anal- the nature and availability of the benefits TEST, AND EVALUATION, DEFENSE-WIDE.—The ysis include: under the program. amount authorized to be appropriated by (1) any implications of transferring the (5) A discussion of the necessity for legisla- section 201(4) for research, development, test, helicopter support missions on the command tive changes and specific legislative pro- and evaluation, Defense-wide, is hereby in- and control of the responsibility for missile posals needed to improve the benefits pro- creased by $2,800,000. field force protection; vided those persons. (2) current and future operational require- (b) AVAILABILITY.—Of the amount author- ments, and the capabilities of the UH–1N, ized to be appropriated by section 201(4), as SA 1815. Mr. LEVIN (for Mr. JOHN- increased by subsection (a), $2,800,000 may be and UH–60 or other aircraft to meet them; (3) cost, with particular attention to op- SON) proposed an amendment to the available for the Special Operations Forces portunities to realize efficiencies over the bill S. 1438, to authorize appropriations Command, Control, Communications, Com- long run; for fiscal year 2002 for military activi- puters, and Intelligence Systems Threat (4) implications for personnel training and ties of the Department of Defense, for Warning and Situational Awareness (PRI- retention; and, VATEER) program (PE1160405BB). military constructions, and for defense (5) evaluation of the assumptions used in activities of the Department of Energy, (c) OFFSET.—The amount authorized to be the plan specified in (b)(3) above. appropriated by section 301(5) for operation (d). The Secretary shall consider carefully to prescribe personnel strengths for and maintenance for Defense-wide activities the views of the Secretary of the Army, Sec- such fiscal year for the Armed Forces, is hereby reduced by $2,800,000. retary of the Air Force, Commander in Chief and for other purposes; as follows: of the United States Strategic Command, The Senate finds that a national tragedy SA 1812. Mr. WARNER proposed an and the Chief of the National Guard Bureau. occurred on September 11, 2001, whereby en- amendment to the bill S. 1438, to au- emies of freedom and democracy attacked thorize appropriations for fiscal year SA 1814. Mr. WARNER (for Mrs. the United States of America and injured or 2002 for military activities of the De- HUTCHISON) proposed an amendment to killed thousands of innocent victims;

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The Senate finds that the perpetrators of lowing: ‘‘including services necessary to (b) PROVISION OF ITEMS ON RENTAL BASIS.— these reprehensible attacks destroyed brick maintain function, or to minimize or prevent Paragraph (5) of section 1079(a) of such title and mortar buildings, but the American spir- deterioration of function, of the patient,’’. is amended to read as follows: it and the American people have become On page 226, strike line 15, and insert the ‘‘(5) Durable equipment provided under this stronger as they have united in defense of following: section may be provided on a rental basis.’’. their country; SEC. 706. PROSTHETICS AND HEARING AIDS. SEC. 708. REHABILITATIVE THERAPY. The Senate finds that the American people Section 1077 of title 10 United States Code, Section 1077(a) of title 10, United States have responded with incredible acts of her- is amended— Code, as amended by section 706(1), is further oism, kindness, and generosity; (1) in subsection (a), by adding at the end amended by inserting after paragraph (16) The Senate finds that the outpouring of the following: the following new paragraph: volunteers, blood donors, and contributions ‘‘(16) A hearing aid, but only for a depend- ‘‘(17) Any rehabilitative therapy to im- of food and money demonstrates that Amer- ent of a member of the uniformed services on prove, restore, or maintain function, or to ica will unite to provide relief to the victims active duty and only if the dependent has a minimize or prevent deterioration of func- of these cowardly terrorist acts; profound hearing loss, as determined under tion, of a patient when prescribed by a physi- The Senate finds that the American people standards prescribed in regulations by the cian.’’. stand together to resist all attempts to steal Secretary of Defense in consultation with SEC. 709. MENTAL HEALTH BENEFITS. their freedom; and the administering Secretaries.’’; (a) REQUIREMENT FOR STUDY.—The Sec- Whereas united, Americans will be vic- (2) in subsection (b)(2), by striking ‘‘Hear- retary of Defense shall carry out a study to torious over their enemies, whether known ing aids, orthopedic footwear,’’ and inserting determine the adequacy of the scope and or unknown: Now, therefore, it is the sense ‘‘Orthopedic footwear’’; and availability of outpatient mental health ben- of the Senate that— (3) by adding at the end the following new efits provided for members of the Armed (1) the Secretary of the Treasury should— subsection: Forces and covered beneficiaries under the (A) immediately issue savings bonds, to be ‘‘(f)(1) Authority to provide a prosthetic TRICARE program. designated as ‘‘Unity Bonds’’; and device under subsection (a)(15) includes au- (b) REPORT.—Not later than March 31, 2002, (B) report quarterly to Congress on the thority to provide the following: the Secretary shall submit to the Commit- revenue raised from the sale of Unity Bonds; ‘‘(A) Any accessory or item of supply that tees on Armed Services of the Senate and the and is used in conjunction with the device for the House of Representatives a report on the (2) the proceeds from the sale of Unity purpose of achieving therapeutic benefit and study, including the conclusions and any rec- Bonds should be directed to the purposes of proper functioning. ommendations for legislation that the Sec- rebuilding America and fighting the war on ‘‘(B) Services necessary to train the recipi- retary considers appropriate. ent of the device in the use of the device. terrorism. SEC. 710. EFFECTIVE DATE. ‘‘(C) Repair of the device for normal wear SA 1816. Mr. WARNER proposed an and tear or damage. amendment to the bill S. 1438, to au- ‘‘(D) Replacement of the device if the de- SA 1818. Mr. WARNER proposed an thorize appropriations for fiscal year vice is lost or irreparably damaged or the amendment to the bill S. 1438, to au- 2002 for military activities of the De- cost of repair would exceed 60 percent of the thorize appropriations for fiscal year partment of Defense, for military con- cost of replacement. 2002 for military activities of the De- ‘‘(2) An augmentative communication de- structions, and for defense activities of partment of Defense, for military con- vice may be provided as a voice prosthesis structions, and for defense activities of the Department of Energy, to prescribe under subsection (a)(15). personnel strengths for such fiscal year ‘‘(3) A prosthetic device customized for a the Department of Energy, to prescribe for the Armed Forces, and for other patient may be provided under this section personnel strengths for such fiscal year purposes; as follows: only by a prosthetic practitioner who is for the Armed Forces, and for other qualified to customize the device, as deter- At the appropriate place, insert: purposes; as follows: mined under regulations prescribed by the At the appropriate place, insert: SEC. . PERSONNEL PAY AND QUALIFICATIONS Secretary of Defense in consultation with AUTHORITY FOR DEPARTMENT OF the administering Secretaries.’’. SEC. . HOSTILE FIRE OR IMMINENT DANGER DEFENSE PENTAGON RESERVATION PAY. SEC. 707. DURABLE MEDICAL EQUIPMENT. CIVILIAN LAW ENFORCEMENT AND (a) IN GENERAL.—Chapter 59, subchapter IV SECURITY FORCE (a) ITEMS AUTHORIZED.—Section 1077 of of title 5, United States Code, is amended by Section 2674(b) of title 10, United States title 10, United States Code, as amended by adding at the end the following new section: Code, is amended— section 706, is further amended— (1) by inserting ‘‘(I)’’ before the text in the (1) in subsection (a)(12), by striking ‘‘such § 5949 Hostile fire or imminent danger pay first paragraph of that subsection; as wheelchairs, iron lungs, and hospital ‘‘(a) The head of an Executive agency may (2) by redesignating paragraphs (1) and (2) beds,’’ and inserting ‘‘which’’; and pay an employee special pay at the rate of as subparagraphs (A) and (B), respectively, (2) by adding at the end the following new $150 for any month in which the employee, and subsection: while on duty in the United States— (3) by adding at the end the following new ‘‘(g)(1) Items that may be provided to a pa- ‘‘(1) was subject to hostile fire or explosion paragraph: tient under subsection (a)(12) include the fol- of hostile mines; ‘‘(2) For positions whose permanent duty lowing: ‘‘(2) was in an area of the Pentagon in station is the Pentagon Reservation, the ‘‘(A) Any durable medical equipment that which the employee was in imminent danger Secretary, in his sole and exclusive discre- can improve, restore, or maintain the func- of being exposed to hostile fire or explosion tion, may— tion of a malformed, diseased, or injured of hostile mines and in which, during the pe- ‘‘(A) without regard to the pay provisions body part, or can otherwise minimize or pre- riod on duty in that area, other employees of title 5, fix the rates of basic pay for such vent the deterioration of the patient’s func- were subject to hostile fire or explosion of positions occupied by civilian law enforce- tion or condition. hostile mines; ment and security personnel appointed under ‘‘(B) Any durable medical equipment that ‘‘(3) was killed, injured, or wounded by hos- the authority of this section so as to place can maximize the patient’s function con- tile fire, explosion of a hostile mine, or any such personnel on a comparable basis with sistent with the patient’s physiological or other hostile action; or other similar federal law enforcement and medical needs. ‘‘(4) was in an area of the Pentagon in security organizations within the vicinity of ‘‘(C) Wheelchairs. which the employee was subject to the the Pentagon Reservation, not to exceed ‘‘(D) Iron lungs, threat of physical harm or imminent danger basic pay for personnel performing similar ‘‘(E) Hospital beds. on the basis of civil insurrection, civil war, duties in the Uniformed Division of the Se- ‘‘(2) In addition to the authority to provide terrorism, or wartime conditions. cret Service or the Park Police. durable medical equipment under subsection ‘‘(b) An employee covered by subsection (a)(12), any customization of equipment (a)(3) who is hospitalized for the treatment SA 1817. Mr. LEVIN (for Mr. KEN- owned by the patient that is durable medical of his injury or wound may be paid special NEDY) proposed an amendment to the equipment authorized to be provided to the pay under this section for not more than bill S. 1438, to authorize appropriations patient under this section or section three additional months during which the for fiscal year 2002 for military activi- 1079(a)(5) of this title, and any accessory or employee is so hospitalized. ties of the Department of Defense, for item of supply for any such equipment, may ‘‘(c) For the purpose of this section, military constructions, and for defense be provided to the patient if the ‘‘United States’’ means the several States, activities of the Department of Energy, customization, accessory, or item of supply the District of Columbia, the Commonwealth is essential for— of Puerto Rico, the Commonwealth of the to prescribe personnel strengths for ‘‘(A) achieving therapeutic benefit for the Northern Mariana Islands, and the terri- such fiscal year for the Armed Forces, patient; tories and possessions of the United States. and for other purposes; as follows: ‘‘(B) making the equipment serviceable; or ‘‘(d) An employee may be paid special pay On page 222, line 17, and after ‘‘include ‘‘(C) otherwise assuring the proper func- under this section in addition to other pay comprehensive health care,’’ insert the fol- tioning of the equipment.’’. and allowances to which entitled. Payments

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.115 pfrm02 PsN: S01PT1 S10024 CONGRESSIONAL RECORD — SENATE October 1, 2001 under this section may not be considered to emergency in order to respond to the effects societal benefits of substance abuse treat- be part of basic pay of an employee.’’. of the national emergency. ment, laud the contributions of treatment (b) TECHNICAL AMENDMENT.—The table of ‘‘(2) APPLICABILITY.—Emergency limits es- providers, and promote the message that re- sections at the beginning of chapter 59 of tablished under paragraph (1) shall preempt covery from substance abuse in all its forms such title is amended by inserting at the end any inconsistent State vehicle weight lim- is possible; the following new item: its.’’. Whereas the 2001 national campaign em- ‘‘Sec. 5949 Hostile fire or imminent danger f braces the theme of ‘‘We Recover Together: pay.’’. Family, Friends and Community’’, and high- (c) EFFECTIVE DATE.—This provision is ef- PRIVILEGES OF THE FLOOR lights the societal benefits, importance, and fective as if enacted into law on September Mr. WELLSTONE. Mr. President, I effectiveness of drug and treatment as a pub- 11, 2001, and may be applied to any hostile ask unanimous consent that Ellen lic health service in our country; and action that took place on that date or there- Whereas the countless numbers of those after. Gerrity and Cindy Connolly, two fel- who have successfully recovered from addic- lows in my office, be allowed to be on tion are living proof that people of all races, SA 1819. Mr. LEVIN (for Mr. KEN- the floor during the consideration of S. genders, and ages recover every day from the NEDY) proposed an amendment to the 1438. disease of alcohol and drug addiction, and bill S. 1438, to authorize appropriations The PRESIDING OFFICER. Without make positive contributions to their fami- for fiscal year 2002 for military activi- objection, it is so ordered. lies, workplaces, communities, States, and the Nation: Now, therefore, be it ties of the Department of Defense, for f Resolved, That the Senate— military constructions and for defense NATIONAL ALCOHOL AND DRUG (1) designates the month of September of activities of the Department of Energy, ADDICTION RECOVERY MONTH 2001 as ‘‘National Alcohol and Drug Addic- to prescribe personnel strengths for tion Recovery Month’’; and such fiscal year for the Armed Forces, On September 26, 2001, the Senate (2) requests that the President issue a and for other purposes; as follows: amended and passed S. Res. 147, as fol- proclamation urging the people of the United lows: At the end of title VI, add the following: States to carry out appropriate programs S. RES. 147 and activities to demonstrate support for Subtitle F—National Emergency Family those individuals recovering from alcohol Support Whereas alcohol and drug addiction is a devastating disease that can destroy lives, and drug addition. SEC. 681. CHILD CARE AND YOUTH ASSISTANCE. families, and communities; f (a) AUTHORITY.—The Secretary of Defense Whereas according to a 1992 National Insti- may provide assistance for families of mem- tute on Drug Abuse study, the direct and in- EXECUTIVE SESSION bers of the Armed Forces serving on active direct costs in the United States for alcohol duty during fiscal year 2002, in order to en- and drug addiction was $246,000,000,000, in sure that the children of such families obtain that year; EXECUTIVE CALENDAR needed child care and youth services. Whereas scientific evidence demonstrates (b) APPROPRIATE PRIMARY OBJECTIVE.—The Mr. LEVIN. Madam President, I ask the crucial role that treatment plays in re- assistance authorized by this section should unanimous consent that the Senate storing those suffering from alcohol and drug be directed primarily toward providing need- addiction to more productive lives; proceed to executive session to con- ed family support, including child care and Whereas in 1999, research at the National sider calendar No. 413, the nomination youth services for children of such personnel Institute on Drug Abuse at the National In- of Marianne Lamont Horinko to be As- who are deployed assigned, or ordered to ac- stitutes of Health showed that about sistant Administrator at the EPA; that tive duty in connection with operations of 14,800,000 Americans were users of illicit the Armed Forces under the national emer- the nomination be confirmed, the mo- drugs, and about 3,500,000 were dependent on gency. tion to reconsider be laid upon the illicit drugs; an additional 8,200,000 were de- table, any statements relating to the SEC. 682. FAMILY EDUCATION AND SUPPORT pendent on alcohol; nomination be printed in the RECORD, SERVICES. Whereas the 1999 National Household Sur- During fiscal year 2002, the Secretary of vey of Drug Abuse, a project of the Sub- the President of the United States be Defense is authorized to provide family edu- stance Abuse and Mental Health Services immediately notified of the Senate’s cation and support services to families of Administration, showed that drug use varies action, and the Senate return to legis- members of the Armed Services to the same substantially among States, ranging from a lative session. extent that these services were provided dur- low of 4.7 percent to a high of 10.7 percent for The PRESIDING OFFICER. Without ing the Persian Gulf war. the overall population, and from 8.0 percent objection, it is so ordered. to 18.3 percent for youths age 12–17; SA 1820. Mr. WARNER (for Ms. COL- The nomination was considered and Whereas the Office of National Drug Con- confirmed, as follows: LINS) proposed an amendment to the trol Policy’s 2001 National Drug Control bill S. 1438, to authorize appropriations Strategy includes the reduction of the treat- ENVIRONMENTAL PROTECTION AGENCY for fiscal year 2002 for military activi- ment gap for individuals who are addicted to Marianne Lamont Horinko, of Virginia, to ties of the Department of Defense, for drugs as one of the top 3 goals for reducing be Assistant Administrator, Office of Solid military constructions, and for defense the health and social costs to the public; Waste, Environmental Protection Agency. activities of the Department of Energy, Whereas the lives of children, families, and f communities are severely affected by alcohol to prescribe personnel strengths for and drug addiction, through the effects of LEGISLATIVE SESSION such fiscal year for the Armed Forces, the disease, and through the neglect, broken The PRESIDING OFFICER. Under and for other purposes; as follows: relationships, and violence that are so often On page 363, after line 25, add the fol- a part of the disease of addiction; the previous order, the Senate will now lowing: Whereas a National Institute on Drug return to legislative session. SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS Abuse 4-city study of 1,200 adolescents found f DURING PERIODS OF NATIONAL that community-based treatment programs EMERGENCY. can reduce drug and alcohol use, improve ORDERS FOR TUESDAY, OCTOBER Section 127 of title 23, United States Code, school performance, and lower involvement 2, 2001 is amended by adding at the end the fol- with the criminal justice system; Mr. LEVIN. Madam President, I ask lowing: Whereas a number of organizations and in- unanimous consent that when the Sen- ‘‘(h) WAIVER FOR A ROUTE IN STATE OF dividuals dedicated to fighting addiction and MAINE DURING PERIODS OF NATIONAL EMER- promoting treatment and recovery will rec- ate completes its business today, it ad- GENCY.— ognize the month of September of 2001 as Na- journ until the hour of 9:30 a.m. Tues- ‘‘(1) IN GENERAL.—Notwithstanding any tional Alcohol and Drug Addiction Recovery day, October 2; further, that on Tues- other provision of this section, the Sec- Month; day, immediately following the prayer retary, in consultation with the Secretary of Whereas the Substance Abuse and Mental and pledge, the Journal of proceedings Defense, may waive or limit the application Health Services Administration’s Center for be approved to date, the morning hour of any vehicle weight limit established under Substance Abuse Treatment, in conjunction be deemed expired, the time for the two this section with respect to the portion of with its national planning partner organiza- leaders be reserved for their use later Interstate Route 95 in the State of Maine be- tions and treatment providers, have taken a tween Augusta and Bangor for the purpose of Federal leadership role in promoting Recov- in the day, and the Senate resume con- making bulk shipments of jet fuel to the Air ery Month 2001; sideration of the Department of De- National Guard Base at Bangor Inter- Whereas National Alcohol and Drug Addic- fense authorization bill with 30 min- national Airport during a period of national tion Recovery Month aims to promote the utes of debate equally divided between

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\CR\FM\A01OC6.127 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — SENATE S10025 the chairman and ranking member of rollcall vote on cloture on the DOD au- There being no objection, the Senate, the Armed Services Committee, or thorization bill. All second-degree at 7:40 p.m., adjourned until Tuesday, their designees, prior to 10 a.m., where- amendments to the DOD bill must be October 2, 2001, at 9:30 a.m. upon a rollcall vote on cloture on the filed prior to 9:45 a.m. on Tuesday. The bill will occur; further, that the Senate Senate will recess from 12:30 to 2:15 f recess from 12:30 to 2:15 p.m. for the p.m. for the weekly party conferences. weekly party conferences. f CONFIRMATION The PRESIDING OFFICER. Without objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. Executive nomination confirmed by TOMORROW f the Senate October 1, 2001: Mr. LEVIN. If there is no further MARIANNE LAMONT HORINKO, OF VIRGINIA, TO BE AS- PROGRAM SISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE, EN- business to come before the Senate, I VIRONMENTAL PROTECTION AGENCY. Mr. LEVIN. The Senate will convene ask unanimous consent that the Sen- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE’S COMMITMENT TO RESPOND TO RE- on Tuesday at 9:30 a.m. with 30 minutes ate stand in adjournment under the QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY of closing debate prior to the 10 a.m. previous order. CONSTITUTED COMMITTEE OF THE SENATE.

VerDate 11-MAY-2000 03:09 Oct 02, 2001 Jkt 099060 PO 00000 Frm 00085 Fmt 0637 Sfmt 9801 E:\CR\FM\G01OC6.065 pfrm02 PsN: S01PT1 October 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1753 EXTENSIONS OF REMARKS

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. Monday, October 1, 2001 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate H.R. 1668, to authorize the Adams Memorial Chamber Action Foundation to establish a commemorative work on Routine Proceedings, pages S9941–S10025 Federal land in the District of Columbia and its en- Measures Introduced: Five bills and one resolution virons to honor former President John Adams and were introduced, as follows: S. 1476–1480, and S. his legacy. (S. Rept No. 107–77) Res. 164. Pages S9971–72 Report to accompany S. 703, to extend the effec- tive period of the consent of Congress to the inter- Measures Reported: state compact relating to the restoration of Atlantic S. 423, to amend the Act entitled ‘‘An Act to salmon to the Connecticut River Basin and creating provide for the establishment of Fort Clatsop Na- the Connecticut River Atlantic Salmon Commission. tional Memorial in the State of Oregon’’, with (S. Rept. No. 107–78) Page S9971 amendments. (S. Rept. No. 107–69) S. 941, to revise the boundaries of the Golden Department of Defense Authorization: Senate re- Gate National Recreation Area in the State of Cali- sumed consideration of S. 1438, to authorize appro- fornia, to extend the term of the advisory commis- priations for fiscal year 2002 for military activities sion for the recreation area, with amendments. (S. of the Department of Defense, for military construc- Rept No. 107–70) tions, and for defense activities of the Department of S. 1057, to authorize the addition of lands to Energy, to prescribe personnel strengths for such fis- Pu’uhonua o Honaunau National Historical Park in cal year for the Armed Forces, taking action on the the State of Hawaii. (S. Rept. No. 107–71) following amendments proposed thereto: S. 1097, to authorize the Secretary of the Interior Pages S9956–68 to issue right-of-way permits for natural gas pipe- Adopted: lines within the boundary of the Great Smoky Dodd Amendment No. 1750, to extend firefighter Mountains National Park. (S. Rept. No. 107–72) assistance through fiscal year 2004. Pages S9956–60 S. 1105, to provide for the expeditious completion Levin/Warner Amendment No. 1793, to authorize of the acquisition of State of Wyoming lands within the appropriation of $8,000,000 for military con- the boundaries of Grand Teton National Park., with struction for the Air Force for airfield repairs at an amendment in the nature of a substitute. (S. Masirah Island, Oman. Pages S9960–65 Rept. No. 107–73) Warner/Levin Amendment No. 1794, to authorize H.R. 146, to authorize the Secretary of the Inte- the Secretary of the Navy to acquire land for the rior to study the suitability and feasibility of desig- Harvey Point Defense Testing Activity in Hertford, nating the Great Falls Historic District in Paterson, North Carolina. Pages S9960–65 New Jersey, as a unit of the National Park System. Levin (for Feingold) Amendment No. 1795, to H.R. 182, to amend the Wild and Scenic Rivers provide for the conveyance of the excess Army Re- Act to designate a segment of the Eight Mile River serve Center in Kewaunee, Wisconsin. Pages S9960–65 in the State of Connecticut for study for potential Warner/Levin Amendment No. 1796, to increase addition to the National Wild and Scenic Rivers by $22,700,000 the amount for the Air Force for System. (S. Rept. No. 107–75) missile procurement for the nuclear detonation de- H.R. 1000, to adjust the boundary of the William tection system program, and to provide an offset. Howard Taft National Historic Site in the State of Pages S9960–65 Ohio, to authorize an exchange of land in connection Levin (for Carnahan) Amendment No. 1797, make with the historic site. (S. Rept. No. 107–76) permanent the authority to provide transitional D952 October 1, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D953 heath care for members of the Armed Forces who are Levin (for Bingaman/Domenici) Amendment No. involuntarily separated, and to extend eligibility for 1809, to authorize, with an offset, an additional transitional health care under that authority to mo- $6,500,000 for research, development, test, and eval- bilized members of the reserve components. uation Defense-wide, with $5,000,000 allocated for Pages S9960–65 the Big Crow Program and $1,500,000 allocated for Warner (for Stevens) Amendment No. 1798, to the Defense Systems Evaluation program. make available $230,255,000 for Environmental Pages S9965–68 Restoration, Formerly Used Defense Sites. Warner (for Lott) Amendment No. 1810, to au- Pages S9960–65 thorize $2,500,000 for appropriations in section Levin (for Dorgan) Amendment No. 1799, to re- 201(1), in PE62303A214 for Enhanced Scramjet quire a plan to ensure that the embarkation of civil- Mixing. Pages S9965–68 ian guests does not interfere with the operational Levin (for Cleland/Miller) Amendment No. 1811, readiness and safe operation of Navy vessels. to authorize, with an offset, $2,800,000 for the Spe- Pages S9960–65 cial Operations Forces Command, Control, Commu- Warner (for Lott) Amendment No. 1800, to ex- nications, Computers, and Intelligence Systems press the sense of the Senate on defense Threat Warning and Situational Awareness (PRI- burdensharing by allies of the United States. VATEER) program. Pages S9965–68 Pages S9960–65 Warner Amendment No. 1812, to set aside funds Levin (for Bingaman) Amendment No. 1801, to for the critical infrastructure protection initiative of make available $650,000 for the Defense Language the Navy. Pages S9965–68 Institute Foreign Language Center for an expanded Levin (for Conrad) Amendment No. 1813, to pro- Arabic language program. Pages S9960–65 vide for a report and certain recommendations on Warner (for Lott) Amendment No. 1802, to au- options for providing the helicopter support missions thorize $3,000,000 for the replacement or refurbish- for the ICBM wings at Minot AFB, North Dakota; ment of air handlers and related control systems at Malmstrom AFB, Montana; and F.E. Warren AFB, Keesler AFB Medical Center. Pages S9960–65 Wyoming, for as long as these missions are required. Levin (for Bingaman) Amendment No. 1803, to Pages S9965–68 require an annual assessment and report on the vul- Warner (for Hutchison) Amendment No. 1814, to nerability of Department of Energy facilities terrorist require a report on health and disability benefits for attack. Pages S9960–65 pre-accession training and education programs. Warner Amendment No. 1804, to eliminate a re- Pages S9965–68 striction on the use of certain vessels previously au- Levin (for Johnson) Amendment No. 1815, to ex- thorized to be sold. Pages S9960–65 press the sense of the Senate that the Secretary of the Levin (for Durbin) Amendment No. 1805, to au- Treasury should immediately issue savings bonds, to thorize the Secretary of the Navy to fund Depart- be designated as ‘‘Unity Bonds’’, in response to the ment of Veterans Affairs space renovations when the terrorist attacks against the United States on Sep- Secretary of Veterans Affairs makes additional land tember 11, 2001. Pages S9965–68 available to the Navy at Great Lakes Naval Training Warner Amendment No. 1816, to provide for Center. Pages S9960–65 personnel pay and qualifications authority for De- Warner (for Bond/Byrd) Amendment No. 1806, partment of Defense Pentagon Reservation civilian to provide an amount for the training of active duty law enforcement and security force. Pages S9965–68 and reserve component personnel in the management Levin (for Kennedy) Amendment No. 1817, to of the consequences of an incident involving the use further improve benefits under the TRICARE pro- or threat of use of a weapon of mass destruction. gram. Pages S9965–68 Pages S9960–65 Warner Amendment No. 1818, to amend Title 5 Levin (for Rockefeller) Amendment No. 1807, to of the United States Code to authorize payment of authorize the acceptance of contributions for the re- hostile fire pay to civilian employees of the federal pair of the damage to the Pentagon Reservation government under certain conditions. Pages S9965–68 caused by the terrorist attack on September 11, 2001 Levin (for Kennedy) Amendment No. 1819, to or establishment of a memorial of the attack at the provide family support benefits for the families of Pentagon Reservation. Pages S9960–65 members of the Armed Forces involved in national Warner (for McCain) Amendment No. 1808, to emergency operations of the Armed Forces. authorize payment of career continuation bonuses for Pages S9965–68 aviation officers and surface warfare officers for early Warner (for Collins) Amendment No. 1820, to commitments to remain on active duty. authorize the Secretary of Transportation, in con- Pages S9960–65 sultation with the Secretary of Defense, to waive, or D954 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2001 limit the application of, vehicle weight limits appli- Additional Cosponsors: Pages S9972–73 cable to a route on the Interstate System in the State Statements on Introduced Bills/Resolutions: of Maine during a period of national emergency. Pages S9973–81 Pages S9965–68 A unanimous-consent-time agreement was reached Additional Statements: Pages S9970–71 providing for consideration of the bill on Tuesday, Amendments Submitted: Pages S9981–S10024 October 2, 2001, with a vote on the motion to close Privilege of the Floor: Page S10024 further debate on the bill to occur at 10 a.m. Pages S10024–25 Adjournment: Senate met at 12 noon and ad- journed at 7:40 p.m., until 9:30 a.m., on Tuesday, Nominations Confirmed: Senate confirmed the fol- October 2, 2001. (For Senate’s program, see the re- lowing nomination: marks of the Acting Majority Leader in today’s Marianne Lamont Horinko, of Virginia, to be As- Record on page S10025.) sistant Administrator, Office of Solid Waste, Envi- ronmental Protection Agency. Pages S10024, S10025 Messages From the House: Page S9971 Committee Meetings Executive Communications: Page S9971 No committee meetings were held. h House of Representatives H.J. Res. 65, making continuing appropriations Chamber Action for the fiscal year 2002. Signed on September 28, The House was not in session today. It will meet 2001. (Public Law 107–44) on Tuesday, Oct. 2 at 12:30 p.m. for morning hour f debate. CONGRESSIONAL PROGRAM AHEAD Committee Meetings Week of October 2 through October 6, 2001 Senate Chamber USE OF PUBLIC-PRIVATE PARTNERSHIPS AS A MANAGEMENT TOOL FOR FEDERAL On Tuesday, Senate will continue consideration of REAL PROPERTY S. 1438, Department of Defense Authorization, with a vote on the motion to close further debate on the Committee on Government Reform: Subcommittee on bill to occur at 10 a.m. Technology and Procurement Policy held a hearing During the balance of the week, Senate may con- on ‘‘The Use of Public-Private Partnerships as a sider any other cleared legislative and executive busi- Management Tool for Federal Real Property.’’ Testi- ness, including appropriation bills when available. mony was heard from Representative Sessions; Ber- nard Ungar, Director, Physical Infrastructure Issues, Senate Committees GAO; Stephen Perry, Administrator, GSA; Ray (Committee meetings are open unless otherwise indicated) DuBois, Deputy Under Secretary, Installations and Committee on Appropriations: October 3, Subcommittee Environment, Department of Defense; Anatolij on Treasury and General Government, to hold hearings Kushnir, Director, Office of Asset Enterprise Man- to examine northern border security status, 9:30 a.m., agement, Department of Veterans Affairs; and public SD–124. witnesses. October 3, Subcommittee on Labor, Health and f Human Services, and Education, to hold hearings to ex- amine bioterrorism issues, 10:30 a.m., SH–216. NEW PUBLIC LAWS Committee on Armed Services: October 4, to hold hearings to examine the Department of Defense’s Quadrennial De- (For last listing of Public Laws, see DAILY DIGEST of September 20, fense Review, 9:30 a.m., SH–216. 2001, p. D930) Committee on Banking, Housing, and Urban Affairs: Octo- H.R. 2603, to implement the agreement estab- ber 2, to hold oversight hearings to examine the activities lishing a United States-Jordan free trade area. Signed of the Trade Promotion Coordinating Committee, 10 on September 28, 2001. (Public Law 107–43) a.m., SD–538. October 1, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D955 October 4, Full Committee, business meeting to mark House Chamber up the proposed International Money Laundering Abate- ment and Anti-Terrorist Financing Act of 2001, 10 a.m., Monday, the House was not in session; SD–538. Tuesday, consideration of Suspensions: October 4, Subcommittee on Housing and Transpor- (1) H.R. 169, Notification and Federal Employee tation, to hold hearings to examine current transit safety Antidiscrimination and Retaliation; issues, 2:30 p.m., SD–538. (2) H.J. Res. 42, establishing that the American Committee on the Budget: October 2, to hold hearings to flags on all Federal office buildings will be lowered examine the economic outlook of the United States, 10 to half-staff each year in honor of the National Fall- a.m., SD–562. en Firefighters Memorial Service in Emittsburg, Committee on Commerce, Science, and Transportation: Octo- Maryland; ber 2, Subcommittee on Surface Transportation and Mer- chant Marine, to hold hearings to examine passenger and (3) H.R. 203, National Small Business Regulatory cargo security issues in the railroad and maritime indus- Assistance; tries, 10 a.m., SR–253. (4) H.R. 2666,Vocational and Technical Entrepre- Committee on Energy and Natural Resources: October 2, to neurship Development; hold hearings to examine the status of proposals for the (5) H. Res. , Congratulating Cal Ripken; transportation of natural gas from Alaska to markets in (6) H. Res. 198, Congratulating Tony Gwynn; the lower forty-eight states and on proposed legislation (7) H.R. 2385, Virgin River Dinosaur Footprint that may be required to expedite the construction of a Preserve; pipeline from Alaska, 10 a.m., SD–366. October 2, Subcommittee on Public Lands and Forests, (8) H.R. 1161, Tomas G. Masaryk Memorial; to hold oversight hearings to examine the interaction of (9) H.R. 1456, Booker T. Washington National old-growth forest protection initiatives and national forest Monument Boundary Adjustment; and policy, 2:30 p.m., SD–366. (10) H.R. 1384, Navajo Long Walk National His- October 3, Full Committee, to hold hearings to exam- toric Trail. ine the nomination of Jeffrey D. Jarrett, of Pennsylvania, Wednesday and the Balance of the Week, consider- to be Director of the Office of Surface Mining Reclama- ation of H.R. 2646, Farm Security Act (subject to tion and Enforcement; and the nomination of Harold a rule); and Craig Manson, of California, to be Assistant Secretary for Consideration of H.R. 2883, Intelligence Author- Fish and Wildlife, both of the Department of the Inte- rior, 9:30 a.m., SD–366. ization Act (subject to a rule). Committee on Finance: October 3, to hold hearings to ex- House Committees amine the need for an economic stimulus package and its potential components, 11 a.m., SD–215. Committee on Education and the Workforce, October 4, October 4, Full Committee, to hold hearings on the hearing on Over Identification Issues within the Individ- nomination of Jo Anne Barnhart, of Delaware, to be uals with Disabilities Education Act and the Need for Commissioner of Social Security, 10 a.m., SD–215. Reform, 9:30 a.m., 2175 Rayburn. Committee on Governmental Affairs: October 4, to resume Committee on Energy and Commerce, October 3, to mark hearings to examine the security of critical governmental up the following: a measure to amend the Antiterrorism infrastructure, 9:30 a.m., SD–342. and Effective Death Penalty Act of 1996 with respect to Committee on Health, Education, Labor, and Pensions: Oc- the responsibilities of the Secretary of Health and Human tober 2, to hold hearings to examine the nomination of Services regarding biological agents and toxins, and to Eugene Scalia, of Virginia, to be Solicitor for the Depart- amend title 18, United States Code, with respect to such ment of Labor, 10:30 a.m., SD–430. agents and toxins; a measure to strengthen security at October 4, Full Committee, to hold hearings to exam- certain nuclear facilities; and a measure to clarify the ap- ine current job training issues relative to a fragile econ- plication of cable television system privacy requirements omy, 10 a.m., SD–430. to new cable services, 10 a.m., 2123 Rayburn. October 5, Full Committee, to hold hearings to exam- October 3, Subcommittee on Commerce, Trade, and ine the economic security of working Americans and Consumer Protection, to mark up the American Spirit those out of work, 9:30 a.m., SD–430. Fraud Prevention Act, 1 p.m., 2123 Rayburn. Committee on the Judiciary: October 3, Subcommittee on Committee on Financial Services, October 3, hearing enti- Constitution, Federalism, and Property Rights, to hold tled ‘‘Dismantling the Financial Infrastructure of Global hearings to examine how to protect Constitutional free- Terrorism,’’ 10 a.m., 2128 Rayburn. doms in the face of terrorism, 10 a.m., SD–226. Committee on Government Reform, October 3, Sub- October 4, Full Committee, business meeting to mark committee on Criminal Justice, Drug Policy, and Human up pending calendar business, 10 a.m., SD–226. Resources, hearing on ‘‘Drug Trade and the Terror Net- October 4, Full Committee, to hold hearings on pend- work,’’ 10 a.m., 2154 Rayburn. ing nominations, 2 p.m., SD–226. D956 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2001

October 4, Subcommittee on Technology and Procure- October 4, Subcommittee on National Parks, Recre- ment Policy, hearing on ‘‘Transforming the IT and Ac- ation and Public Lands, hearing on the following bills: quisition Workforces: Using Market-Based Pay, Recruit- H.R. 38, Homestead National Monument of America ing Strategies to Make the Federal Government an Em- Additions Act; and H.R. 1925, to direct the Secretary of ployer of Choice for IT and Acquisition Employees,’’ 2 the Interior to study the suitability and feasibility of des- p.m., 2154 Rayburn. ignating the Waco Mammoth Site Area in Waco, Texas, October 5, Subcommittee on Government Efficiency, as a unity of the National Park System, 10 a.m., 1334 Financial Management and Intergovernmental Relations, Longworth. hearing on ‘‘A Silent War: Are Federal, State, and Local Committee on Rules, October 2, to consider H.R. 2646, Governments Prepared for Biological and Chemical At- Farm Security Act of 2001, 3 p.m., H–313 Capitol. tacks?’’ 10 a.m., 2154 Rayburn. October 3, to consider H.R. 2883, Intelligence Au- Committee on International Relations, October 3, hearing thorization Act for Fiscal year 2001 and to mark up H.R. on Al Qaeda and the Global Research of Terrorism, 10 981, Budget Responsibility and Efficiency Act of 2001, a.m., 2172 Rayburn. 2:30 p.m., H–313 Capitol. October 3, Subcommittee on International Operations Committee on Science, October 3, to mark up H.R. 64, and Human Rights, hearing on the Role of the Inter- to provide for the establishment of the position of Deputy national Atomic Energy Agency in Safeguarding Against Administrator for Science and Technology of the Environ- Acts of Terrorism, 1 p.m., 2172 Rayburn. mental Protection Agency, 10 a.m., 2318 Rayburn. October 4, Subcommittee on the Middle East and October 4, Subcommittee on Environment, Tech- South Asia, hearing on U.S. Policy Toward Iraq, 1 p.m., nology, and Standards, hearing on Arsenic in Drinking 2172 Rayburn. Water: An Update on the Science, Benefits and Cost, 10 Committee on Resources, October 2, Subcommittee on a.m., 2318 Rayburn. Water and Power, to mark up H.R. 2115, to amend the Committee on Transportation and Infrastructure, October 2, Reclamation Wastewater and Groundwater Study and Fa- Subcommittee on Railroads, hearing on H.R. 2950, Rail cilities Act to authorize the Secretary of the Interior to Infrastructure Development and Expansion Act of the participate in the design, planning, and construction of a 21st Century, 2 p.m., 2167 Rayburn. project to reclaim and reuse wastewater within and out- October 3, Subcommittee on Water Resources and En- side of the service area of the Lakehaven Utility District, Washington, 2 p.m., 1324 Longworth. vironment, hearing on the Wetlands Permitting Process: October 3, full Committee, to mark up the following Is it Working Fairly? 10 a.m., 2167 Rayburn. measures: H.R. 400, to authorize the Secretary of the In- Committee on Veterans’ Affairs, October 4, Subcommittee terior to establish the Ronald Reagan Boyhood Home on Health, to mark up pending business, 2 p.m., 334 National Historic Site; H.R. 980, to establish the Moc- Cannon. casin Bend National Historic Site in the State of Ten- Permanent Select Committee on Intelligence, October 3, Sub- nessee; H.R. 1576, James Peak Wilderness, Wilderness committee on Intelligence Policy and National Security, Study, and Protection Area Act; H.R. 1776, Buffalo executive, briefing on Financial Intelligence Issues, 2 Bayou National Heritage Area Study Act; H.R. 2488, to p.m., H–405 Capitol. designate certain lands in the Pilot Range in the State of October 3, Subcommittee on Terrorism and Homeland Utah as wilderness; H.R. 2924, to provide authority to Security, hearing on ‘‘Defending the Homeland: Reports the Federal Power Marketing Administration to reduce of the Defense Science Board on biological, chemical, nu- vandalism and destruction of property; H.R. 2925, to clear and other asymmetric threats and defenses,’’ 10 amend the Reclamation Recreation Management Act of a.m., room to be announced. 1992 in order to provide for the security of dams, facili- ties, and resources under the jurisdiction of the Bureau Joint Meetings of Reclamation; the Healing Opportunities in Parks and Commission on Security and Cooperation in Europe: October the Environment Pass Act; and to consider the issuance 3, to hold hearings to examine United States policy to- of a subpoena; to be followed by an oversight hearing on ward the Organization for Security and Cooperation in Potential Alternative Energy Sources Available on Na- Europe (OSCE), the institution which evolved from the tional Public Lands, 10 a.m., 1324 Longworth. Helsinki process, 10 a.m., SR–485. October 1, 2001 CONGRESSIONAL RECORD—DAILY DIGEST D957

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through September 30, 2001 January 3 through September 30, 2001

Senate House Total Civilian nominations, totaling 772, disposed of as follows: Days in session ...... 126 100 . . Confirmed ...... 366 ′ ′ Time in session ...... 909 hrs., 48 622 hrs., 52 .. Unconfirmed ...... 178 Congressional Record: Withdrawn ...... 66 Pages of proceedings ...... 9,938 6,066 16,004 Returned to White House ...... 162 Extensions of Remarks ...... Public bills enacted into law ...... 10 34 44 Other Civilian nominations, totaling 1,533, disposed of as follows: Private bills enacted into law ...... 1 . . 1 Confirmed ...... 1,115 Bills in conference ...... 10 9 . . Unconfirmed ...... 167 Measures passed, total ...... 246 347 593 Returned to White House ...... 251 Senate bills ...... 44 11 . . House bills ...... 45 145 . . Air Force nominations, totaling 4,659, disposed of as follows: Senate joint resolutions ...... 5 3 . . Confirmed ...... 4,608 House joint resolutions ...... 3 7 . . Unconfirmed ...... 5 Senate concurrent resolutions ...... 25 3 . . Returned to White House ...... 46 House concurrent resolutions ...... 28 55 . . Army nominations, totaling 6,113, disposed of as follows: Simple resolutions ...... 96 123 . . Measures reported, total ...... 142 213 355 Confirmed ...... 5,920 Senate bills ...... 82 2 . . Unconfirmed ...... 85 House bills ...... 12 133 . . Returned to White House ...... 108 Senate joint resolutions ...... 3 . . . . Navy nominations, totaling 4,103, disposed of as follows: House joint resolutions ...... 5 . . Confirmed ...... 4,046 Senate concurrent resolutions ...... 11 . . . . Unconfirmed ...... 28 House concurrent resolutions ...... 11 . . Returned to White House ...... 29 Simple resolutions ...... 34 62 . . Special reports ...... 18 7 . . Marine Corps nominations, totaling 3,611, disposed of as follows: Conference reports ...... 4 . . Confirmed ...... 3,570 Measures pending on calendar ...... 42 . . Unconfirmed ...... 20 Measures introduced, total ...... 1,724 3,520 5,244 Returned to White House ...... 21 Bills ...... 1,466 2,972 . . Joint resolutions ...... 22 65 . . Concurrent resolutions ...... 73 237 . . Summary Simple resolutions ...... 163 246 . . Quorum calls ...... 3 3 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 288 202 . . Total nominations received this Session ...... 20,791 Recorded votes ...... 154 . . Total confirmed ...... 19,625 Bills vetoed ...... Total unconfirmed ...... 483 Vetoes overridden ...... Total withdrawn ...... 66 Total Returned to White House ...... 617 D958 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 2 12:30 p.m., Tuesday, October 2

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of Suspensions: ation of S. 1438, Department of Defense Authorization, (1) H.R. 169, Notification and Federal Employee Anti- with a vote on the motion to close further debate on the discrimination and Retaliation; bill. (2) H.J. Res. 42, establishing that the American flags (Senate will recess from 12:30 p.m., until 2:15 p.m. for on all Federal office buildings will be lowered to half-staff their respective party conferences.) each year in honor of the National Fallen Firefighters Me- morial Service in Emittsburg, Maryland; (3) H.R. 203, National Small Business Regulatory As- sistance; (4) H.R. 2666, Vocational and Technical Entrepreneur- ship Development; (5) H. Res. , Congratulating Cal Ripken; (6) H. Res. 198, Congratulating Tony Gwynn; (7) H.R. 2385, Virgin River Dinosaur Footprint Pre- serve; (8) H.R. 1161, Tomas G. Masaryk Memorial; (9) H.R. 1456, Booker T. Washington National Monu- ment Boundary Adjustment; and (10) H.R. 1384, Navajo Long Walk National Historic Trail.

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