Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, FIRST SESSION

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, DECEMBER 10, 2001 No. 170 House of Representatives The House met at 2 p.m. and was ured patience as we face stages of amendment a bill and concurrent reso- called to order by the Speaker pro tem- growth and spiritual formation in life. lutions of the House of the following ti- pore (Mr. SIMPSON). You alone, Lord, know our limita- tles: f tions and our full potential. Whether it H.R. 1230. An act to provide for the estab- is stages of war, economic stability, or DESIGNATION OF THE SPEAKER lishment of the Detroit River International stages of human understanding or pain- PRO TEMPORE Wildlife Refuge in the State of Michigan, and ful loss we undergo, may we persevere. for other purposes. The SPEAKER pro tempore laid be- Whether it is in the process of law or in H. Con. Res. 90. Concurrent resolution au- fore the House the following commu- building a new world order, help us to thorizing the printing of a revised and up- nication from the Speaker: move through each stage by faith, plac- dated version of the House document enti- WASHINGTON, DC ing all our trust in You, O Lord, both tled ‘‘Hispanic Americans in Congress.’’ December 10, 2001. now and forever. H. Con. Res. 244. Concurrent resolution au- I hereby appoint the Honorable MICHAEL K. Amen. thorizing the printing of a revised edition of SIMPSON to act as Speaker pro tempore on the publication entitled ‘‘Our Flag.’’ this day. f J. DENNIS HASTERT, The message also announced that the Speaker of the House of Representatives. THE JOURNAL Senate has passed with amendments in f The SPEAKER pro tempore. The which the concurrence of the House is requested, a bill of the House of the fol- PRAYER Chair has examined the Journal of the last day’s proceedings and announces lowing title: The Chaplain, the Reverend Daniel P. to the House his approval thereof. H.R. 1291. An act to amend title 38, United Coughlin, offered the following prayer: Pursuant to clause 1, rule I, the Jour- Lord God of history and our eternal States Code, to increase the amount of edu- nal stands approved. destiny, be with us today and guide us cational benefits for veterans under the Montgomery GI Bill. every step of our journey as persons f and as a nation. PLEDGE OF ALLEGIANCE The message also announced that the In response to Your call Abram was Senate has passed with an amendment led from place to place until Your The Chair will lead the House in the in which the concurrence of the House promise was fulfilled. He never doubted Pledge of Allegiance. is requested, a bill of the House of the Your presence and always relied on The SPEAKER pro tempore led the following title: Pledge of Allegiance as follows: Your guidance. H.R. 2716. An act to amend title 38, United As the man of faith journeyed, he I pledge allegiance to the Flag of the States Code, to revise, improve, and consoli- often stopped to offer You thanks for United States of America, and to the Repub- date provisions of law providing benefits and the latest accomplishment and petition lic for which it stands, one nation under God, services for homeless veterans. You for the future. Scripture tells us: indivisible, with liberty and justice for all. ‘‘He built an altar to You, Lord, and in- f The message also announced that the voked You, Lord, by name. Thus Senate has passed bills of the following MESSAGE FROM THE SENATE Abram journeyed by stages toward the titles in which the concurrence of the Negeb.’’ A message from the Senate by Mr. House is requested: If it is in stages You lead people of Monahan, one of its clerks, announced S. 703. An act to extend the effective period faith, let it be with us. Grant us meas- that the Senate has passed without of the consent of Congress to the interstate

N O T I C E Effective January 1, 2002, the subscription price of the Congressional Record will be $422 per year or $211 for six months. Individual issues may be purchased for $5.00 per copy. The cost for the microfiche edition will remain $141 per year with single copies remaining $1.50 per issue. This price increase is necessary based upon the cost of printing and distribution. Michael F. DiMario, Public Printer

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H9079

. H9080 CONGRESSIONAL RECORD — HOUSE December 10, 2001 compact relating to the restoration of Atlan- upon the recommendation of the ma- cember 11, 2001, at 12:30 p.m., for morn- tic salmon to the Connecticut River Basin jority leader, the Chair announces the ing hour debates. and erating the Connecticut River Atlantic Speaker’s appointment of the following f Salmon Commission, and for other purposes. Member of the House to the Board of S. 942. An act to reauthorize the supple- EXECUTIVE COMMUNICATIONS, Directors of the Vietnam Education mental grant for population increases in cer- ETC. tain states under the temporary assistance Foundation: to needy families program for fiscal year Mr. SMITH of New Jersey. Under clause 8 of rule XII, executive 2002. There was no objection. communications were taken from the S. 1714. An act to provide for the installa- f Speaker’s table and referred as follows: tion of a plaque to honor Dr. James Harvey 4749. A letter from the Chairman, Council Early in the Williamsburg, Kentucky Post SENATE BILL REFERRED of the District of Columbia, transmitting a Office Building. A bill of the Senate of the following copy of D.C. ACT 14–195, ‘‘Unemployment The message also announced that the title was taken from the Speaker’s Compensation Terrorist Response Tem- Senate has agreed to the House amend- table and, under the rule, referred as porary Amendment Act of 2001’’ received De- ment with an amendment. cember 10, 2001, pursuant to D.C. Code sec- follows: tion 1–233(c)(1); to the Committee on Govern- S. 1196. An act to amend the Small Busi- S. 1714. An act to provide for the installa- ment Reform. ness Investment Act of 1958, and for other tion of a plaque to honor Dr. James Harvey 4750. A letter from the Chairman, Council purposes. Early in the Williamsburg, Kentucky Post of the District of Columbia, transmitting a f Office Building; to the Committee on Gov- copy of D.C. ACT 14–194, ‘‘Emergency Eco- ernment Reform. nomic Assistance Temporary Act of 2001’’ re- COMMUNICATION FROM THE f ceived December 10, 2001, pursuant to D.C. CLERK OF THE HOUSE Code section 1–233(c)(1); to the Committee on BILLS PRESENTED TO THE The SPEAKER pro tempore laid be- Government Reform. PRESIDENT 4751. A letter from the Chairman, Council fore the House the following commu- of the District of Columbia, transmitting a nication from the Clerk of the House of Jeff Trandahl, Clerk of the House, re- copy of D.C. ACT 14–197, ‘‘Medicaid Provider Representatives: ports that on December 6, 2001 he pre- Fraud Prevention Amendment Act of 2001’’ OFFICE OF THE CLERK, sented to the President of the United received December 10, 2001, pursuant to D.C. HOUSE OF REPRESENTATIVES, States, for his approval, the following Code section 1–233(c)(1); to the Committee on Washington, DC, December 7, 2001. bills. Government Reform. Hon. J. DENNIS HASTERT, H.J. Res. 71. Amending title 36, United 4752. A letter from the Chairman, Council The Speaker, House of Representatives, States Code, to designate September 11 as of the District of Columbia, transmitting a Washington, DC. Patriot Day. copy of D.C. ACT 14–201, ‘‘Child Support En- DEAR MR. SPEAKER: Pursuant to the per- H.R. 717. To amend the Public Health Serv- forcement Amendment Act of 2001’’ received mission granted in Clause 2(h) of Rule II of ice Act to provide for research with respect December 10, 2001, pursuant to D.C. Code sec- the Rules of the U.S. House of Representa- to various forms of muscular dystrophy, in- tion 1–233(c)(1); to the Committee on Govern- tives, the Clerk received the following mes- cluding Dechenne, Becker, limb girdle, con- ment Reform. sage from the Secretary of the Senate on De- genital, facioscapulohumeral, myotonic, 4753. A letter from the Chairman, Council cember 7, 2001 at 9:38 a.m. oculopharyngeal, distal, and Emery-Dreifuss of the District of Columbia, transmitting a That the Senate passed without amend- muscular dystrophies. copy of D.C. ACT 14–200, ‘‘Advisory Neighbor- ment H.R. 1761. H.R. 1766. To designate the facility of the hood Commissions Amendment Act of 2001’’ That the Senate passed without amend- United States Postal Service located at 4270 received December 10, 2001, pursuant to D.C. ment H.R. 2061. John Marr Drive in Annandale, Virginia, as Code section 1–233(c)(1); to the Committee on With best wishes, I am the ‘‘Stan Parris Post Office Building’’. Government Reform. Sincerely, H.R. 2261. To designate the facility of the 4754. A letter from the Chairman, Council JEFF TRANDAHL, United States Postal Service located at 2853 of the District of Columbia, transmitting a Clerk of the House. Candler Road in Decatur, Georgia, as the copy of D.C. ACT 14–199, ‘‘Advisory Neighbor- hood Commissions Annual Contribution f ‘‘Earl T. Shinhoster Post Office’’. H.R. 2291. To extend the authorization of Amendment Act of 2001’’ received December COMMUNICATION FROM THE the Drug-Free Communities Support Pro- 10, 2001, pursuant to D.C. Code section 1– CLERK OF THE HOUSE gram for an additional 5 years, to authorize 233(c)(1); to the Committee on Government a National Community Antidrug Coalition Reform. The SPEAKER pro tempore laid be- Institute, and for other purposes. 4755. A letter from the Chairman, Council fore the House the following commu- H.R. 2299. Making appropriations for the of the District of Columbia, transmitting a nication from the Clerk of the House of Department of Transportation and related copy of D.C. ACT 14–198, ‘‘Litter Control Ad- Representatives: agencies for the fiscal year ending Sep- ministration Amendment Act of 2001’’ received December 10, 2001, pursuant to D.C. OFFICE OF THE CLERK, tember 30, 2002, and for other purposes. H.R. 2454. To redesignate the facility of the Code section 1–233(c)(1); to the Committee on HOUSE OF REPRESENTATIVES, Government Reform. Washington, DC, December 7, 2001. United States Postal Service located at 5472 Crenshaw Boulevard in Los Angeles, Cali- 4756. A letter from the Chairman, Council Hon. J. DENNIS HASTERT, of the District of Columbia, transmitting a The Speaker, House of Representatives, fornia, as the ‘‘Congressman Julian C. Dixon Post Office’’. copy of D.C. ACT 14–196, ‘‘Office of Adminis- Washington, DC. trative Hearings Establishment Act of 2001’’ DEAR MR. SPEAKER: Pursuant to the per- Jeff Trandahl, Clerk of the House, re- received December 10, 2001, pursuant to D.C. mission granted in Clause 2(h) of Rule II of ports that on December 7, 2001 he pre- Code section 1–233(c)(1); to the Committee on the Rules of the U.S. House of Representa- sented to the President of the United Government Reform. tives, the Clerk received the following mes- States, for his approval, the following 4757. A letter from the Attorney General, sage from the Secretary of the Senate on De- bill. Department of Justice, transmitting a report cember 7, 2001 at 11:36 a.m. on the Strategic Plan for fiscal years 2001– H.J. Res. 76. Making further continuing ap- That the Senate agreed to conference re- 2006; to the Committee on Government Re- propriations for the fiscal year 2002, and for port H.R. 2944. form. other purposes. With best wishes, I am 4758. A letter from the Assistant Director, Sincerely, f Office of General Counsel, Department of JEFF TRANDAHL, ADJOURNMENT Justice, transmitting the Department’s final Clerk of the House. rule—National Security; Prevention of Acts f The SPEAKER pro tempore. Without of Violence and Terrorism [BOP–1116; AG objection, the House will stand ad- Order No. 2529–2001] (RIN: 1120–AB08) received APPOINTMENT OF MEMBER TO journed to meet at 12:30 p.m. on tomor- November 9, 2001, pursuant to 5 U.S.C. BOARD OF DIRECTORS OF VIET- row, December 11, 2001, for morning 801(a)(1)(A); to the Committee on the Judici- NAM EDUCATION FOUNDATION hour debates. ary. 4759. A letter from the Chief, Regulations The SPEAKER pro tempore. Without There was no objection. and Administrative Law, USCG, Department objection, pursuant to section 205(a) of Accordingly (at 2 o’clock and 6 min- of Transportation, transmitting the Depart- the Vietnam Education Foundation utes p.m.), under its previous order, the ment’s final rule—Drawbridge Operations Act of 2000 (Public Law 106–554), and House adjourned until tomorrow, De- Regulations; Duwamish Waterway, WA December 10, 2001 CONGRESSIONAL RECORD — HOUSE H9081 [CGD13–01–024] received November 16, 2001, 4770. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department PUBLIC BILLS AND RESOLUTIONS mittee on Transportation and Infrastruc- of Transportation, transmitting the Depart- ture. ment’s final rule—Safety Zone; Old Lyme Under clause 2 of rule XIII, reports of 4760. A letter from the Chief, Regulations Fireworks Display, Old Lyme, CT [CGD01–01– committees were delivered to the Clerk and Administrative Law, USCG, Department 145] (RIN: 2115–AA97) received November 16, for printing and reference to the proper of Transportation, transmitting the Depart- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the calendar, as follows: ment’s final rule—Drawbridge Operation Committee on Transportation and Infra- Mr. NEY: Committee on House Adminis- Regulations: Shaw Cove, CT [CGD01–01–178] structure. tration. H.R. 3295. A bill to establish a pro- received November 16, 2001, pursuant to 5 4771. A letter from the Chief, Regulations gram to provide funds to States to replace U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department punch card voting systems, to establish the Transportation and Infrastructure. of Transportation, transmitting the Depart- 4761. A letter from the Chief, Regulations Election Assistance Commission to assist in ment’s final rule—Anchorage Grounds and the administration of Federal elections and and Administrative Law, USCG, Department Safety Zone; Delaware Bay and River of Transportation, transmitting the Depart- to otherwise provide assistance with the ad- [CGD05–01–060] (RIN: 2115–AA97 and 2115– ministration of certain Federal election laws ment’s final rule—Drawbridge Operations AA98) received November 16, 2001, pursuant Regulations; Lake Washington, WA [CGD13– and programs, to establish minimum elec- to 5 U.S.C. 801(a)(1)(A); to the Committee on tion administration standards for States and 01–022] received November 16, 2001, pursuant Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on units of local government with responsibility 4772. A letter from the Chief, Regulations Transportation and Infrastructure. for the administration of Federal elections, 4762. A letter from the Chief, Regulations and Administrative Law, USCG, Department and for other purposes; with an amendment and Administrative Law, USCG, Department of Transportation, transmitting the Depart- (Rept. 107–329 Pt. 1). ment’s final rule—Security Zones; Port of of Transportation, transmitting the Depart- DISCHARGE OF COMMITTEE Jacksonville and Port Canaveral, FL [COTP ment’s final rule—Drawbridge Operation [The following actions occurred on December 7, Regulations; New Jersey Intracoastal Water- Jacksonville 01–110] (RIN: 2115–AA97) received November 16, 2001, pursuant to 5 2001.] way, Cape May Canal [CGD05–01–007] received Pursuant to clause 2 of rule XII the November 16, 2001, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Committee on the Judiciary discharged tation and Infrastructure. 4773. A letter from the Chief, Regulations from further consideration. H.R. 2062 4763. A letter from the Chief, Regulations and Administrative Law, USCG, Department referred to the Committee of the Whole and Administrative Law, USCG, Department of Transportation, transmitting the Depart- House on the State of the Union. of Transportation, transmitting the Depart- ment’s final rule—Security Zone; San Diego Pursuant to clause 2 of rule XII the Bay [COTP San Diego 01–007] (RIN: 2115– ment’s final rule—Drawbridge Operating Committee on Energy and Commerce Regulation; Quachita River, LA [CGD08–01– AA97) received November 16, 2001, pursuant 007] (RIN: 2115–AE47) received November 16, to 5 U.S.C. 801(a)(1)(A); to the Committee on discharged from further consideration. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. H.R. 2768 referred to the Committee of Committee on Transportation and Infra- 4774. A letter from the Chief, Regulations the Whole House on the State of the structure. and Administrative Law, USCG, Department Union. 4764. A letter from the Chief, Regulations of Transportation, transmitting the Depart- [Submitted December 10, 2001] and Administrative Law, USCG, Department ment’s final rule—Safety and Security Pursuant to clause 2 of rule XII the of Transportation, transmitting the Depart- Zones; LPG Transits, Portland, Maine Ma- ment’s final rule—Drawbridge Operations rine Inspection Zone and Captain of the Port Committees on the Judiciary, Science, Regulations; Chehalis River, WA [CGD13–01– Zone [CGD01–01–192] (RIN: 2115–AA97) re- Government Reform and Armed Serv- 025] received November 16, 2001, pursuant to ceived December 6, 2001, pursuant to 5 U.S.C. ices discharged from further consider- 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ation. H.R. 3295 referred to the Com- Transportation and Infrastructure. tation and Infrastructure. mittee of the Whole House on the State 4765. A letter from the Chief, Regulations 4775. A letter from the Chief, Regulations of the Union and ordered to be printed. and Administrative Law, USCG, Department and Administrative Law, USCG, Department f of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- ment’s final rule—Drawbridge Operation ment’s final rule—Security Zone; Port of BILLS PLACED ON THE Regulations: Hampton River, NH [CGD01–01– Tampa, Tampa Florida [COTP Tampa-01–129] CORRECTIONS CALENDAR 177] received November 16, 2001, pursuant to (RIN: 2115–AA97) received December 6, 2001, 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 6 of rule XV, the Speak- Transportation and Infrastructure. mittee on Transportation and Infrastruc- er filed with the Clerk a notice request- 4766. A letter from the Chief, Regulations ture. ing that the following bill be placed and Administrative Law, USCG, Department 4776. A letter from the Chief, Regulations upon the Corrections Calendar: of Transportation, transmitting the Depart- and Administrative Law, USCG, Department ment’s final rule—Drawbridge Operation H.R. 1022. A bill to amend title 4, United of Transportation, transmitting the Depart- Regulations: Jamaica Bay and connecting States Code, to make sure the rules of eti- ment’s final rule—Security Zones; Crystal waterways, NY [CGD01–01–204] received De- quette for flying the flag of the United River, Florida [COTP Tampa-01–108] (RIN: cember 6, 2001, pursuant to 5 U.S.C. States do not preclude the flying of flags at 2115–AA97) received December 6, 2001, pursu- 801(a)(1)(A); to the Committee on Transpor- half mast when ordered by city and local of- tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ficials. on Transportation and Infrastructure. 4767. A letter from the Chief, Regulations f and Administrative Law, USCG, Department 4777. A letter from the Chief, Regulations of Transportation, transmitting the Depart- and Administrative Law, USCG, Department TIME LIMITATION OF REFERRED ment’s final rule—Drawbridge Operations of Transportation, transmitting the Depart- BILL Regulations; Lake Washington Ship Canal, ment’s final rule—Security Zone; Selfridge Army National Guard Base, MI [CGD09–01– Pursuant to clause 2 of rule XII the WA [CGD13–01–023] (RIN: 2115–AE97) received following action was taken by the December 6, 2001, pursuant to 5 U.S.C. 129] (RIN: 2115–AA97) received November 16, 801(a)(1)(A); to the Committee on Transpor- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Speaker: tation and Infrastructure. Committee on Transportation and Infra- [The following action occurred on December 7, 4768. A letter from the Chief, Regulations structure. 2001] and Administrative Law, USCG, Department 4778. A letter from the Chief, Regulations H.R. 2581. Referral to the Committees on of Transportation, transmitting the Depart- and Administrative Law, USCG, Department Agriculture, Armed Services, Energy and ment’s final rule—Drawbridge Operation of Transportation, transmitting the Depart- Commerce, the Judiciary, Rules, Ways and Regulations: Neponset River, MA [CGD01–01– ment’s final rule—Security Zone; DOD Barge Means, and Intelligence (Permanent Select) 203] received December 6, 2001, pursuant to 5 Flotilla, Cumberland City, TN to Alexandria, extended for a period ending not later than U.S.C. 801(a)(1)(A); to the Committee on LA [CCGD08–01–036] (RIN: 2115–AA97) re- December 15, 2001. ceived November 16, 2001, pursuant to 5 Transportation and Infrastructure. [Submitted December 10, 2001] 4769. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department Transportation and Infrastructure. H.R. 3295. Referral to the Committees on of Transportation, transmitting the Depart- 4779. A letter from the Attorney General, the Judiciary, Science, Government Reform, ment’s final rule—Safety Zone; Gulf of Alas- Department of Justice, transmitting a draft and Armed Services for a period ending not ka, southeast of Narrow Cape, Kodiak Island, bill entitled, ‘‘Settlement of Litigation and later than December 10, 2001. Alaska [COTP Western Alaska 01–002] (RIN: Prompt Utilization of Wireless Spectrum’’; f 2115–AA97) received November 16, 2001, pursu- jointly to the Committees on Energy and PUBLIC BILLS AND RESOLUTIONS ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce, the Judiciary, Ways and Means, on Transportation and Infrastructure. and the Budget. Under clause 2 of rule XII, H9082 CONGRESSIONAL RECORD — HOUSE December 10, 2001

Mr. ROHRABACHER introduced a bill H.R. 2462: Mr. LATOURETTE, Mr. CLEMENT, CAPITO, Mr. DREIER, Mr. GUTKNECHT, Mr. (H.R. 3440) to extend nondiscriminatory and Mr. OBERSTAR. HAYWORTH, Mr. OTTER, Mr. SWEENEY, and treatment to the products of Afghanistan; H.R. 2574: Mr. GREEN of Texas. Mr. NADLER. which was referred to the Committee on H.R. 2917: Mrs. MALONEY of New York, Mr. H. Con. Res. 267: Ms. HART. Ways and Means. DUNCAN, and Mr. SKELTON. H.R. 3229: Mr. JONES of North Carolina. f H.R. 3250: Mr. HONDA, Mr. KILDEE, Mr. f ADDITIONAL SPONSORS BLUNT, Mr. CARSON of Oklahoma, Mr. CAL- VERT, Ms. ROS-LEHTINEN, Mr. BISHOP, Mr. DISCHARGE PETITIONS— Under clause 7 of rule XII, sponsors JACKSON of Illinois Mr. ENGLISH, Mr. OWENS, ADDITIONS OR DELETIONS were added to public bills and resolu- and Mrs. MINK of Hawaii. tions as follows: H.R. 3274: Mr. PASCRELL. The following Members added their H.R. 3295: Mr. CANTOR, Ms. PRYCE of Ohio, H.R. 184: Mr. OWENS. names to the following discharge peti- Mr. BOEHNER, Ms. MILLENDER-MCDONALD, H.R. 1307: Mrs. LOWEY. tions: H.R. 2148: Mr. FRANK. Mrs. CHRISTENSEN, Mr. LUCAS of Kentucky, H.R. 2347: Mr. JOHNSON of Illinois. Mr. TANNER, Mr. NEAL of Massachusetts, Mr. Petition 4, by Mr. CUNNINGHAM on House H.R. 2349: Mr. ROTHMAN and Mr. BISHOP. CRAMER, Mr. SABO, Mr. ADERHOLT, Mrs. Resolution 271: Steve Buyer. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, MONDAY, DECEMBER 10, 2001 No. 170 Senate The Senate met at 3 p.m. and was that we all can shine in the spiritual MEASURES PLACED ON THE called to order by the President pro darkness of our time when evil things CALENDAR—S. 1786 and S. 1789 tempore [Mr. BYRD]. are done in the name of religion, and Mr. REID. Mr. President, I under- where religious freedom is denied peo- stand there are two bills—S. 1786 and S. PRAYER ple. We dedicate ourselves to battle in- 1789—at the desk, having been read the The Chaplain, Dr. Lloyd John justice not by our might or our power, first time. Is that true? Ogilvie, offered the following prayer: but by the courage of Your Spirit. The PRESIDENT pro tempore. That ‘‘Not by might nor by power, but by My Amen. is correct. Spirit,’’ saith the Lord.—Zechariah 4:6. f Mr. REID. Mr. President, I ask unan- Almighty God, our Adonai, thank imous consent that it be in order, en You for these salient words reminding PLEDGE OF ALLEGIANCE bloc, for these two bills to receive a us that You are the only reliable The PRESIDENT pro tempore led the second reading, but I would then object source of strength to accomplish any- Pledge of Allegiance, as follows: to any further consideration on the thing of lasting value. These words spo- I pledge allegiance to the Flag of the legislation. ken through Zechariah and repeated United States of America, and to the Repub- The PRESIDENT pro tempore. Is during the days of Hanukkah have par- lic for which it stands, one nation under God, there objection to the request that the ticular significance to us this year. We indivisible, with liberty and justice for all. two bills be considered en bloc? claim the meaning of the word Hanuk- f Hearing no objection, it is so ordered. kah, ‘‘dedication,’’ as we rededicate our The two bills are considered, en bloc. lives to serve You in the struggle to as- RESERVATION OF LEADER TIME Is there objection to the second read- sure religious freedom for all people. The PRESIDENT pro tempore. Under ing of the two bills, en bloc? We join with Jewish people in the cele- the previous order, leadership time is Hearing no objection, the two bills bration of the Feast of Dedication and reserved. are read, en bloc. remember the victory in 165 B.C. of the The majority whip has objected to f Maccabees over the tyrant Antiochus further reading of the bills. They will, IV Epiphanes and his troops who had RECOGNITION OF THE ACTING consequently, be placed on the general occupied Jerusalem, desecrated the MAJORITY LEADER orders calendar on the next legislative temple, and sought to destroy forever day. the Hebrew religion. The PRESIDENT pro tempore. The We celebrate this victory that en- majority whip is recognized. f abled the Jews to rededicate the tem- f ple and once again worship You freely. Gratefully, we remember the one re- SCHEDULE AGRICULTURE, CONSERVATION, maining flask of pure olive oil left in Mr. REID. Mr. President, this after- AND RURAL ENHANCEMENT ACT the temple that You kept burning for 8 noon we are going to consider the farm OF 2001 days and 8 nights until the supply bill. There will be no rollcall votes The PRESIDENT pro tempore. Under could be replenished. Now, as Jews today. The next rollcall votes will the previous order, the Senate will now light menorahs, we ask You to light up occur on Tuesday morning at 9:30 a.m. proceed to the consideration of S. 1731, all of our hearts with Your truth so on judicial nominations. which the clerk will report.

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

S12755

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A10DE6.000 pfrm01 PsN: S10PT1 S12756 CONGRESSIONAL RECORD — SENATE December 10, 2001 The legislative clerk read as follows: ulus, should be to do something about have no bill than a bad bill. I think he A bill (S. 1731) to strengthen the safety net unemployment benefits and to do speaks for a lot of us here. But, he went for agricultural producers, to enhance re- something about COBRA. I hope we on to say that if we can’t get a bill source conservation and rural development, will do both. done this week, we should put it off to provide for farm credit, agricultural re- I was a little bit confused yesterday until next year. I don’t think that the search, nutrition, and related programs, to as Vice President CHENEY blamed the American people want us to put off ensure consumers abundant food and fiber, majority leader for the Senate’s failure their work until next year. I think we and for other purposes. to pass an economic stimulus package. should work hard to get it done this Mr. REID. Mr. President, I suggest He even went so far as to call Senator year . . . this week. the absence of a quorum. DASCHLE an obstructionist. I know I think we should keep in mind the The PRESIDENT pro tempore. The Vice President CHENEY is very busy. absence of a quorum has been sug- document off of which we are working. Maybe he hasn’t had the chance to see The legislation pending at the desk is a gested. The clerk will call the roll. what goes on in this body. The legislative clerk proceeded to bill passed by the House of Representa- The fact is, Senator DASCHLE has not tives. It is a bill that is really inter- call the roll. obstructed anything. It appears to me Mr. REID. Mr. President, I ask unan- esting, to say the least. In fact, it’s not the Republicans are protesting too an economic stimulus bill, it’s a tax imous consent that the order for the much. They are saying Senator quorum call be rescinded. bill, because most of the proposals DASCHLE is obstructing this. Why? It is passed by the House and favored by the The PRESIDENT pro tempore. With- because under this unique situation out objection, it is so ordered. Administration are approximately 90 that has developed here, we are not percent in tax cuts, many of them, ret- ECONOMIC STIMULUS going through the ordinary process. We roactive. Senate Democrats favor tax Mr. REID. Mr. President, now before are not going through the ordinary relief—including corporate tax relief— the Senate is the farm bill. The farm process where you would take a bill to that would encourage American busi- bill will do a number of things. First of the Finance Committee and report a nesses to invest more or accelerate cer- all, it will stimulate the economy. The bill out of the Finance Committee. tain purchases. However, we shouldn’t need to stimulate the economy is That is not what we are doing be- be pushing permanent, retroactive tax something we need to do right away. cause we received some suggestions cuts while at the same time American Before getting into the intricacies of that maybe the committee process is workers who have lost their jobs that the farm bill, I refer to a couple of not the right way to go. Senator their tax relief belongs on the back pieces of mail I have received. Unfortu- DASCHLE agreed: OK, how do you want burner. Case in point: Permanent and nately, we don’t get mail the way we to do it then? Speaker HASTERT sent retroactive repeal of the corporate al- used to, but I have some e-mails here. him a written proposal. Senator ternative minimum tax. That is a pri- Dear Senator REID: We wish to thank you DASCHLE said: I accept it. He sent it mary component of the House bill. This for the Thanksgiving meal we received from back. That wasn’t quite what they isn’t something we are making up, this you via the Culinary Union here in Las meant to say. They sent something Vegas. is in the House bill. How can anybody else back. Senator DASCHLE agreed to in good conscience tell a hard-working During Thanksgiving break, I helped accept that as well. American such as Sharon Sharp and The agreement is that, among other pass out some turkeys and other little the Heller family from Nevada—people things, two Democrats from the Senate boxes until we ran out. People were do- who lost their jobs—that we don’t have will join with our counterparts, Repub- nating them. They thought they would enough money to extend unemploy- lican counterparts here in the Senate have enough. They weren’t even close ment benefits for a few weeks, but we and in the House. Senator DASCHLE se- to having enough meals. But this is a have enough money to give IBM a $1.4 lected the chairman of the Finance letter, an e-mail, that says: billion tax refund? These are taxes Committee, Senator BAUCUS, and Sen- My husband has worked here for 29 years they have already paid, going back to ator JAY ROCKEFELLER, a senior mem- plus and is out of work. Never have we not 1988. Any tax you have paid since AMT had money for the holiday. We would not ber of the Finance Committee, to rep- was passed, they want to give it back. have had the turkey dinner if wasn’t for you. resent the Democratic Senators. He We have even enjoyed leftovers. We just told us in our conference when we met If that doesn’t give you a little bit of want you to know how we appreciate it. last Tuesday: Look, I trust these men an alert, let’s look at the list. I will Thank you very much. The Heller’s. implicitly. They will do the best they give you some of the companies on the Here is another one: can, and they will report back to us list, and I think it’s fair to comment I was recently changed to part time at the when they have an agreement. that there is a heavy presence of the corporation where I work. This was done to Now, it has been suggested that he oil and energy sector who will get a ton reduce my hours and eliminate my health in- has called for a two-thirds ratification. of money back if we accept the House surance. The result is I am earning one half Well, he did call for a two-thirds ratifi- bill that we are accused of obstructing: of my prior income and I am paying $600 per cation, but he said that Democratic Ford would get $1 billion; General Mo- month for COBRA. I need temporary help in tors would get $832 million returned to maintaining my health insurance through Senators would have to agree with COBRA. I understand there is legislation re- what Senators BAUCUS and ROCKE- them; General Electric, $671 million; garding a tax credit for people relying on FELLER negotiated. That certainly TXU, $608 million. A foreign company— COBRA. Your endorsement of this proposal doesn’t sound unreasonable to me. I some of these others are foreign— would be of great help to me and my family. hope that whatever the Republicans DaimlerChrysler gets a $600 million re- Thank you for your support. Sharon Sharp. come back with, they will want their fund; Chevron, $572 million; Enron— These are two examples of things we conference to agree on it also. Or are Enron, who has done a few things such need to do in addition to the farm bill we going to resort to a situation where as really damaging people’s pensions— to stimulate this economy. No. 1, do whatever the President wants, we just some people had invested so heavily in something about unemployment com- blindly accept it? some of these pension fund moneys in pensation so people who, for example, I don’t think that is the way the Con- Enron stock, which dropped from $98 to have gone from welfare to work and stitution was established. I think this 34 cents a share. Enron would get $254 don’t qualify for unemployment bene- little document—the Constitution— million; Phillips Petroleum, $241 mil- fits can get some unemployment bene- sets up three separate but equal lion; IMC Global, $155 million. Also, it fits. If you want to stimulate the econ- branches of Government, and I think is interesting to note that United Air- omy, give money to then people who we have should have some say on what lines and American Airlines, for which are most likely to spend it. Then, of is produced. Senator DASCHLE is doing we just appropriated $15 billion a few course, this letter from Sharon Sharp, his job. We not only have Vice Presi- weeks ago, would get about $600 mil- who talks about the importance of dent CHENEY blaming Senator DASCHLE lion; CMS Energy, $136 million. doing something about COBRA. for obstructing an economic stimulus Maybe we are doing a pretty good job Two of the fundamental precepts of package, but the minority leader in the of slowing things up. This is the docu- our economic recovery plan, our stim- Senate also stated he would rather ment from which we are working. It

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.007 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12757 would be a shame if we passed this bill. scheduled for Friday afternoon to con- bill and that we do not lose sight of the I can’t imagine why in the world we tinue the negotiations on this package fact that not only are these farm pro- would want to pass this piece of legis- and the chairman of the group, the grams great for the country, because lation. chairman of the Ways and Means Com- we all eat food and America is the farm I think it is important that we get a mittee in the House of Representatives, basket of the world, but they stimulate stimulus package. What will stimulate Mr. THOMAS, goes to California to at- the economy. the economy more, money going to tend a fundraiser. Chairman BAUCUS The provisions in this bill—I have General Electric or any of the compa- and Senator ROCKEFELLER thought worked with the chairman of the com- nies on this list, or money going to they had a meeting scheduled, then it mittee—are going to be good for the people who have recently been unem- was abruptly canceled because the economy. I heard the Republican leader ployed? Who is going to spend that Chairman of the Ways and Means Com- on television over the weekend say: money? The unemployed people are. mittee wanted to leave town. Madam Why do we need a farm bill? I hope the They have no other money; they have President, they know how to spin this chairman of the committee will de- to spend it to buy groceries, clothing well because they have the bully pul- scribe in detail today why we need a and, perhaps, a turkey for Christmas. pit. They spin things pretty well. The farm bill. We really do need a farm bill. As Sharon Sharp says, she wants to minority leader gets on television and It is important we move forward. keep her health insurance. Unemploy- says: Why is TOM DASCHLE doing this? I want to reiterate my point about ment benefits to people who will spend They have the Vice President get on the meetings that were canceled over the money would stimulate the econ- TV and say he is an obstructionist. the weekend. In the spirit of an agree- omy. This is to cover up for the fact that ment reached by the Senate, the So rather than giving all these cor- their lead negotiator, Chairman THOM- House, and the administration, BAU- porations a retroactive tax break—re- AS, is in California doing a fundraiser CUS, ROCKEFELLER, GRASSLEY, THOMAS, member, this was first enacted because when he should be in Washington work- ARMEY, and RANGEL were supposed to of the widespread problem of the large, ing. I think they are protesting too meet on Friday. As I said, without the highly profitable corporations which much. I don’t think they want a stim- courtesy of even a simple phone call, used to thrive on the loopholes and ulus package. So they are trying to the chairman of the Ways and Means point all their poison arrows at Sen- didn’t pay a penny of corporate taxes. Committee, Mr. THOMAS, took off for ator DASCHLE, saying he is the reason We just said: If you pay no taxes, there California. Even Senator GRASSLEY, is going to be a minimum that you why we don’t have an economic stim- representing the Republicans, ex- have to pay. That is all we asked in the ulus bill. He is not the reason. pressed dismay that the negotiations Last month, Senator BAUCUS, chair- past. Now we are going to say: Sorry, had been rudely interrupted and can- man of the Finance Committee, you don’t have to pay any of those celed. marked up an economic stimulus pack- taxes. In fact, those of you who did Madam President, with people refus- age and reported it to the floor, where pay, we are going to give it back to ing to meet and negotiate, I’d say that Senator DASCHLE immediately called it you. it is pretty clear who is obstructing. up for consideration. What happened? Permanent repeal of the corporate al- Mr. HARKIN. Will the Senator yield? ternative minimum tax might be even The Republicans killed it. Without any Mr. REID. I will be happy to yield to more expensive than just refunding amendment process, it was simply my friend, the chairman of the Agri- past tax payments. The AMT reduces killed—no negotiation, no discussion of culture Committee. the amendments. the incentive of corporations to find Mr. HARKIN. I thank the assistant What makes it even more frus- tax loopholes and take as many deduc- majority leader for yielding, and I trating, while their excuse for killing thank him for responding to some of tions as possible and to pay at least a the economic stimulus package was the statements that were made over minimum tax. Without this, we return that it violated the Budget Act—their the weekend. to the days when corporations went to own proposal violated the Budget Act. I did not watch any of the Sunday extreme measures to find tax loopholes Had we really been trying to kill the morning shows, but I read the papers and not pay taxes at all. stimulus package, we would have If it were up to the House and this this morning. I saw that Vice President raised a budget point of order against administration, we would have enough CHENEY had referred to our majority their proposal. But in an effort to keep money for more than $7 billion of ret- leader, Senator DASCHLE, as an ob- it before the Senate so that we could roactive corporate tax breaks, but not debate the substance and contents of structionist, obstructing the stimulus any money to help American workers an economic stimulus, we decided not bill. I am delighted the Senator from who have lost their jobs. It is precisely to raise a point of order. How can they Nevada has clearly pointed out that no these people—middle-income Ameri- one on this side is obstructing any- brand Senator DASCHLE an obstruc- cans—who are most likely to spend ad- tionist? They are the obstructionists. I thing. We have been more than willing ditional money because they would repeat, they are protesting too much. to work with the other side on a num- stimulate the economy. They have to; For example, the former chairman of ber of items, but it almost seems to they have no other money. That is the Budget Committee, Senator this Senator that their definition of ob- what we are trying to do—enact an DOMENICI, came to me a few weeks ago structionism is ‘‘our way or the high- economic stimulus package that would with a proposal I think should have the way.’’ If we do not do it all how the stimulate the economy. most serious of discussion. He said: President or how the Vice President So I say to my friend, with whom I Let’s not have withholding taxes col- wants or how the Republicans want, served in the House of Representatives, lected from the employee or the em- then we are obstructionists. the President of the Senate, the Vice ployer for a month; a proposal that We ought to work together across President of the United States, he would cost approximately $38 billion. party lines, get bipartisan agreements, should get a better briefing as to what That money would shoot back into the and move ahead. It is not this side that is going on before he makes statements economy like an injection of penicillin. has been obstructing anything. We that Senator DASCHLE is an obstruc- It would be so good for the economy. have wanted to move ahead with legis- tionist. Senator DASCHLE is doing the But no, we were not given a chance to lation. American public a service by standing consider that either. Take the farm bill—and I will have in the way of what they have done in I hope people understand this is a more to say about it this afternoon. We the House of Representatives. It is bla- game that is being played. There are no have been trying to get some time tantly unfair to call him an obstruc- negotiations going on. Our friends on agreements. A request was proposed by tionist, especially when the representa- the other side of the aisle won’t talk to our staff earlier that we have a time tives he appointed to this group of ne- us. The person supposedly leading the agreement and that all first-degree gotiators who are trying to come up negotiations for the Republicans head- amendments at least be laid down by with a stimulus package—Senators ed off for California. tomorrow afternoon. It was objected to BAUCUS and ROCKEFELLER—were pre- I hope Chairman HARKIN gets into on the Republican side, not on this pared to attend a meeting that was the meat of this discussion on the farm side.

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.011 pfrm01 PsN: S10PT1 S12758 CONGRESSIONAL RECORD — SENATE December 10, 2001 Everyone knew the farm bill was people on both sides of the aisle—I will stimulus package is nothing more than going to be up. It was laid down last not point to one side or the other—peo- the old ‘‘trickle down.’’ If those at the week. Yet they are objecting to having ple on both sides of the aisle have been top are given to it, some of it may some meaningful debate. No one wants saying we need to meet our Federal trickle down on the rest of us. We have to cut off amendments, but at least we commitment to special education. tried that before and it has never can have some amendments laid down, The agreement the Federal Govern- worked; it will not work this time ei- have time agreements, and debate ment made 26 years ago was that the ther. them. Federal Government would pick up at Yes, we do need to do something Second, on the stimulus package, I least 40 percent of the average per about unemployment compensation. think the Senator from Nevada is pupil cost of educating kids with dis- The biggest stimulus we could have right. I think they are protesting too abilities. Twenty-six years ago, the right now is getting health care for our much on the other side. I smell a little Federal Government said that. Today children and health care for people who bit of a rat someplace because I have our commitment is at about 15 percent. do not have health care coverage right been hearing from my Governor in This is the single biggest issue in every now. That is the biggest stimulus we Iowa, and I have heard from other peo- school district in America—the funding could give to our economy and help ple and other Governors from around for special education. people at the same time. the United States about what bad The Senate adopted an amendment I am going to wrap up my statement, shape their economies are in right now offered by me and by Senator HAGEL and then I am going to talk about the and how their legislatures will be from Nebraska that would put us on farm bill, another stimulus. meeting in January. the pathway of fully funding special We are in dire straits. Rural America Their budget situations look very education over 6 years by taking it off is hurting. We need a farm bill. When dire. They are cutting expenses; they the appropriations side and putting it farmers know a bill is coming, they are are cutting education; they are cutting on the mandatory side. We are now in borrowing money; they are buying new other programs around the States. conference negotiations. equipment; they are doing the things They have looked at the proposed Re- The National Governors’ Association, that stimulate the kind of growth and publican stimulus bill with all of the headed by a Republican Governor from the kind of manufacturing we need in tax cuts, and they have now begun to Michigan, signed a letter, supported by this country. So I sure hope we will not figure out what that is going to mean every Governor in the United States, hear any more of this blame game, try- in the States and how the State budg- saying they supported the Senate’s po- ing to blame someone for being ob- ets are going to be impacted by these sition of full funding special education. structionist when all we are trying to proposed tax cuts the Republicans have The National School Boards Associa- do is work in a bipartisan fashion, as we should be doing, to reach the best proposed in the stimulus package. tion, the National PTA, the National A lot of States are saying: Don’t give Education Association, the National decisions for the American people. So us so much of this ‘‘help’’ because the Conference of State Legislatures—38 when they say ‘‘obstructionism,’’ they tax cuts you are putting in there are State legislatures have already passed say it is our way or the highway. To going to help a lot of the large corpora- resolutions supporting this full fund- me, that is obstructionism. I yield the floor. tions, a lot of the wealthiest in our ing. The only reason we do not have 50 The PRESIDING OFFICER (Mrs. country, but at the same time it is is because some of them were not meet- BOXER). The Senator from New Mexico. going to take money out of our States ing this year after we adopted it. Wait Mr. DOMENICI. Parliamentary in- at a time during the recession when until January. All the legislatures are quiry: Am I entitled to speak for a our States can ill afford it. saying it is time the Federal Govern- given time or must I seek consent of There is some feedback. Of course, ment stepped up and did its part in spe- the Senate? our friends on the other side of the cial education. The PRESIDING OFFICER. The Sen- aisle are a little bit in a bind. They Here is the catch: The White House, ate is on the farm bill, and the Senator promised their big-wig supporters—the the administration, has said no, they may speak as long as he wishes on the big companies and the big corpora- will not agree with the Senate position farm bill. tions—all these tax cuts they were on funding for special education. Mr. DOMENICI. I ask unanimous going to get for them, and even though So we had our vote on it. The House consent that I speak for only 9 minutes they want to deliver, they cannot be- voted against it. We voted for it. Okay. instead of as long as I wish, but that it cause they are going to hurt a lot of What is to be done then? Usually in a not be on the farm bill. the Republican Governors and Demo- conference, negotiations are started The PRESIDING OFFICER. Without cratic Governors, too, in the State and compromise is attempted. objection, it is so ordered. The Senator budgets. Maybe our friends are caught So we offered to the House a com- is recognized for 9 minutes. in a little bit of a bind, promising too promise, and the House said forget it, f much to the large corporations and the they are not going to compromise. wealthy of this country, and then find- They do not want to fund special edu- WHERE IS THE DEMOCRATIC ing out what the impact is going to be cation one more nickel than what they STIMULUS PACKAGE? on our States. have done in the bill. It is not coming Mr. DOMENICI. Madam President, What they have come up with is not from the House side. It is coming down fellow Senators, especially to my good a stimulus package. It is simply a tax from the other end of Pennsylvania Av- friend, HARRY REID, I will not take relief package for the biggest and enue. It is coming from the White time this afternoon to attempt in some wealthiest in our country. That is not House. It is the White House that is feeble way to rebut the statement with stimulus at all. stonewalling. reference to the partisanship of the If they want to sit down, negotiate, So talk about obstructionism, that is last month or so with reference to var- talk about it, and work out agree- obstructionism when the White House ious items, including the stimulus ments, that is the spirit of this place refuses to negotiate or reach any kind package. Suffice it to say, the grand- and that is what we ought to be doing. of compromise with the Senate on full daddy of all partisanship occurred on To say it is their way or no way, and funding for special education. So I the stimulus package that was re- we say we want to work it out, and think before the Vice President and ported out of the Finance Committee they say we are being obstructionist— others start throwing around words of the Senate because on that par- the American people understand that. about obstructionism, they ought to ticular one, the conferees were in- They understand we are not being ob- pick up the mirror and look at them- structed by the Democratic majority— structionists. selves, especially when it comes to and I remind everyone that majority is Talk about obstructionism, try this funding for special education. by one vote—they told that committee one on for size. We are now engaged in So I thank the Senator from Nevada to report out a Democratic package a conference with the House on the re- for pointing out the fact we have not every single Democrat Senator would authorization of the elementary and been obstructing anything on this side, support. That meant there were no Re- secondary education bill. For years, and for pointing out this so-called publicans because they had something

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.013 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12759 to offer, too. But rather they took a not even present—why do we not go tistics, the assessments are mixed. Democratic package, produced it, and home, take a 5-day recess, and think it Clearly, they are not so mixed that we then the big partisan debate started over. That is where we are. should call off the stimulus package. with reference to an attempt to get a Let anybody who would like lay We have to do one. We ought to decide stimulus package. blame for that 5-day delay, but it is not now that we don’t have a lot of time Where is that Democratic stimulus all singularly the problem of the chair- and we ought to do a very simple bill. package? I do not have it. I wish I did. man of the House committee when, if it I say to Senator REID, what I will do I would love to read it to the American is true, the leader of the other side has today is introduce a very simple eco- people so they could conclude whether indicated there is no use going to con- nomic stimulus package. The Senator it is going to make jobs for people, ference and negotiating because there might recall, in the Chamber a couple whether that is going to excite this is an ominous presence that has to be of weeks ago I shared a proposal with economy. It is still pending at the looked to to make sure two-thirds of you with reference to an economic desk. It is still pending because those the Democratic Senators support it. stimulus, that we have a 1-month holi- who produced it do not want to let the That is pretty different than most day from the Social Security tax for Senate vote on it because they are conferences. I do not blame him too both the employer and the employee. I afraid there will be two negotiations: much for wondering what kind of con- think we ought to have that as a cor- One when we argue in this Chamber ference they were going to have. It has nerstone. Both sets of leaders in both and one when they go to conference. since been denied that it was said or Houses ought to agree that is the best Whatever their reasons, the hangup that it meant that. What we ought to stimulus around of any we have seen, is there is a bill at the desk that was do is actually forget about all of that. and then just do two other things—and produced by a partisan majority that Before I move to the stimulus pack- all the rest we will wait and do next contains only things they want and age, I must take a couple of minutes to year—do two other things and call it a nothing the Republicans wanted. I sub- speak with reference to the farm bill. stimulus package. Indeed, it would be. mit we can throw those kinds of char- Tomorrow, we will have plenty of time, First, the tax holiday will put $8 bil- acteristics away and ask some experts I hope, to talk about the farm bill in lion into the economy and 160 million whether that bill will create new jobs. more depth. working men and women in America Among the various proposals, it is Mr. DORGAN. Will the Senator from get to keep the withholding. Their em- the least productive of new jobs of all New Mexico yield on a point? ployers will do the same. They will not the proposals around. So with another Mr. DOMENICI. On a point? have to remit theirs. That ought to be effort on the part of the Democratic Mr. DORGAN. Yes. The Senator from the cornerstone. Do it for January, leadership, we are led by my very good New Mexico said something I am not February. But do it. It will stimulate friend, HARRY REID, to bring this back sure is accurate, and I wonder if I the economy and give it a good kick and in some way blame the Repub- might ask a question about that. upwards. A lot of Democrats support licans, who do not even control the Mr. DOMENICI. I would like to fin- that. It is when you put the rest of the Senate, for this big delay. ish. I do not have much time. package together we get to arguing. I Then what happened to the House? Mr. DORGAN. I am glad to extend submit it is so important we get rid of The House produced their own eco- the time. the other things that cause Members to nomic stimulus. Every time our friends Mr. DOMENICI. I can handle any- argue and do those another day, an- on the other side talk about the Repub- body’s question, but I want to finish other time, another way. They are not licans, everybody should know that my thoughts and then I will yield to stimulus anyway. was the House Republicans who pro- the Senator. We ought to do two things. Beyond duced the bill they are speaking of, not With reference to the farm bill, I do the holiday, we ought to expand the those of us who are trying to put a not come to this Chamber too often on safety net for working Americans; that package together in the Senate. The a farm bill, but I will be on this one be- is, expand it and extend unemployment House did their own thing. They got a cause, first of all, it is an abomination payments. Some Democratic Senators majority vote, and that is the way they for milk production in America and for and some Republicans have said we did it. our children who drink a lot of milk ought to do that. We ought to agree to That is not going to end up being the and for those in America who are en- that. An additional 13 weeks of unem- law. We have to get together and re- couraged to drink a lot of milk. This is ployment benefits, if passed, and ex- solve the issue in favor of the Amer- a bill calculated to increase the price pand that to part-time workers—they ican people, instead of in favor of who of milk dramatically so as to spread ought to be in this alternative—that wins this bickering and this arguing. around a new tax so all of those pro- costs $9 billion. So that is where we are. ducing milk can get a fair share of the Last, we ought to go ahead and do Instead of there being a vote in the new tax; not so we will produce com- the enhanced extending of cap expendi- Senate on the stimulus package, a deal petition and there will be a big incen- tures but reduce it to 20 percent in- was cooked up for which we would tive to produce good, solid, healthy stead of 30 percent, so we would have 20 never vote in the Senate: just go to milk at lower prices but, rather, to percent appreciation in 3 years. conference with the House and have an make sure those areas of the country An extension of expansion of the un- argument with them and decide be- that are not producing milk in a com- employment compensation and the tween the Democratic proposal that petitive manner will get made whole at stimulus package, the stimulus core, was adopted without any input from the expense of the very competitive and the payroll tax holiday. I wish we the Senate Republicans, whether that States such as mine and Idaho and oth- could do that. I wish we could decide. or a House-passed bill is going to be the ers, that are producing substantially There is not enough time to argue. law of the land, or which part will new ways to be competitive, safe, Let’s do something truly stimulative come out of it in terms of compromise. sound, and produce rather cheap milk to get America going again and let Why did the House chairman call off for the American children and Amer- that do two other things the Ameri- the meetings? I never justify the ican people. We will have plenty to say cans need: One for the unemployment House’s activities, but the House chair- about that. needs and one for business needs with man’s reason was very simple: the ma- The bill they are talking about in ag- reference to appreciation. jority leader had said publicly there riculture, obviously, will never become I put my statement in explaining the would not be a stimulus package unless law. It has some good arguing points situation of the economy, explaining two-thirds of the Democratic Senators for five or six States that would like to the three provisions, and sending a bill supported the provisions of that stim- convince others. along with it, in case anybody wants to ulus package. The chairman of the Having said that, I get back to stim- see what it should look like. I send a House read that and said, since that is ulus. The news is not great with ref- bill with it, and that includes only the their desire—and I do not go to com- erence to the economy. It is very hard three provisions: The holiday; the 20 mittee meetings negotiating with an to figure out what is going on in the percent depreciation instead of 30 per- unknown two-thirds Members who are economy because the numbers, the sta- cent for 3 years for the capital account,

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.015 pfrm01 PsN: S10PT1 S12760 CONGRESSIONAL RECORD — SENATE December 10, 2001 which is very much needed by small thing has been going here, everything most fathers have played with their and large businesses; and last, a drastic is subject to a point of order. children. We know where the bill is. It and much needed expansion of the un- The truth is, it started off very non- was here. It is now gone—not because employment code of this country. The partisan because the Finance Com- of something we did. We wanted that three provisions make up about a $79 mittee decided they would put together economic stimulus and recovery bill to billion package. If we can pass that a bill to garner enough Democratic be passed by the Senate and to go to this week—everybody knows what they votes to report it out of committee. I conference. It is gone because it was are—that will be truly something very am not arguing that we have the right taken off the floor on a point of order— positive. to do that. I have done that on budget a point of order which, incidentally, we I am happy to answer questions. If I before. But you cannot then say it is did not raise against anything else. made an error, I am happy to correct the Republicans who don’t want a tax The point of order would exist against that. bill when you started this process, the House-passed bill and against the Mr. DORGAN. On the point the Sen- when you started this process by say- Senate Republican bill. ator from New Mexico made about the ing, we want one but only if it is our Because of that, the decision was economic stimulus or recovery plan way. made to try to find a way to create a that came out of the Senate Finance It is time we all forget about that. negotiation between the House and the Committee, the Senator from New My speech is not intended to bring it Senate—and hopefully with the co- Mexico indicated that was at the all up again, just to clarify the record, operation of the President—to see if we desk—or I guess first he asked where is and then to say forget about it and let could construct some kind of stimulus it; and then, it is at the desk, why isn’t us do something. This week we could package. it pending? get a stimulus done that would be Is that an optimum way to do it or Isn’t it the case the bill at the desk about like the one I sent to the desk, the best way to do it? I don’t think so. is a House bill which was passed by the we could get the rest of our work done, The best way to have done this, in my House on a clearly partisan 216 to 214 and we could go home. judgment, would have been to consider vote. In fact the bill out of the Senate I yield the floor. the bill that came out of the Senate Fi- Finance Committee is not at the desk, Mr. DORGAN. Mr. President, this is nance Committee and in regular order but a point of order was made against very curious. My friend from New Mex- offer amendments to it, have votes on it. I believe the Senator from New Mex- ico, when I asked the question about it, and then go to a conference. That ico supported the point of order that whether the bill is pending or at the would have been my preference. took the Senate Finance Committee desk, as was his implication, said that I must say to my friend from New bill off the floor, and it is not pending. may or may not be the case. It either Mexico that I have great admiration I want to correct that because I think is or is not the case. for his legislative skills. He is a great the implication of the Senator was, The answer is, it is not the case. I speaker and good thinker, and I think well, that bill is at the desk, why isn’t don’t want people to come to the floor the suggestion he has with respect to it here? Is it not the case it was pend- and say the stimulus program that the payroll tax is, in fact, stimulative. ing and a vote was held on a point of came from the Senate Finance Com- The point is he has some suggestions order? And I believe the Senator from mittee is somewhere around here and that have some stimulus capability to New Mexico supported the point of the majority leader doesn’t wish to them. But to go out and then go order and therefore it is not pending. bring it back to the floor. It was on the through 5 or 6 minutes of the same sort Mr. DOMENICI. Mr. President, that floor, we had a vote on it, and in fact of thing we heard on the talk shows all may be the case. If it is the case, I every Member on the other side of the weekend about Senator DASCHLE and yield to the facts. aisle voted to take it off the floor. say that is not what it is all about, Still, the situation is that at an ap- I think when the Senator says that let’s forget what I just said—you know, pointed time shortly after that event, may or may not be the case, this is a somehow that doesn’t make much or surrounding that event, when it was matter of fact. I don’t want people to sense to me. declared to be violative of the Budget leave the implication that somehow Mr. DOMENICI. Will the Senator Act, it is quite clear the majority lead- there is a bill sitting at the desk, ready yield? er does not want to negotiate here with to come to the floor, but Senator Mr. DORGAN. In the end, the ques- Republicans and in the House with Re- DASCHLE chooses not to bring it to the tion before the American people about publicans and Democrats, again. So he floor. In fact, the bill at the desk is the how you fix and provide lift to the prefers to go right to conference. He House bill. That bill came from the American economy is not about Repub- doesn’t seem to be terribly concerned House Ways and Means Committee. It licans or Democrats. It also is not about what happened to the Demo- was a partisan bill, written by Chair- about conservatives or liberals, and it cratic bill because he doesn’t want to man THOMAS and the Republicans on is not about the House or the Senate. It work anything out in the Senate be- the Ways and Means Committee—the is about right and wrong. There is a cause he says that means he will have very process the Senator from New right way to do this and a wrong way to negotiate twice. Mexico criticizes. That was passed by to do it. Most of us are not certain I believe we don’t have to negotiate the House of Representatives 216 to 214. what is right or wrong. But consult twice. We ought to look at these three That is what is now at the desk. It with the best economists in America, points. I can see in both bodies a very came to the floor of the Senate, and we just consult with the best economists large majority for these three points. had a debate. you can find in this country, and ask That is ample for Members to go home It is also the case that every bill, in- them: Which set of policies do you at Christmas and say, we have a good cluding the House bill, the Senate Re- think give us the best chance for this stimulus. It can be bipartisan because publican bill, and the bill the Senate economy to recover? You know that there are at least 12 Senators, a mix of Finance Committee passed, had a point the answer is not this. both sides, who support the holiday. of order that could be lodged against it. The Senator will say that is what the The only reason there are not more is The only point of order that was House did: That is exactly what we are that they are waiting for their own lodged was against the bill that Sen- negotiating at this point because provision that they supported to go ator DASCHLE tried to bring to the floor Chairman THOMAS brings this to the away because they don’t want to be for of the Senate. So it is, in my judgment, negotiating table. What ‘‘this’’? Let me two things. But if the leadership would a curious thing for those who voted to read—I will be happy to yield in a mo- say we should do a simple package, one take the bill off the floor of the Senate ment. Let me read from the Wall that is profoundly stimulative, we can and have us cease its consideration Street Journal—no liberal bastion, I forget about all this arguing and forget with a point of order, to now wonder might say. about which week what happened. aloud—repeatedly, in the last couple of When President Bush and Congress sat But I will go back and say, if we said weeks—where is the bill? down to another round of tax-cutting this that the Democrat bill was subject to a I said before this is not exactly a fall in the hopes of stimulating the economy, point of order, that is the way every- ‘‘Where’s Waldo’’ exercise, a game that business groups were welcomed to the table.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.019 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12761 Now, many of the country’s biggest corpora- of order and we voted it down so it something to help them during these tions are reaching for an oversized portion. would not be the pending business. tough times. Every economist says The companies could end up grabbing Those are still the facts. I regret that that will help this economy because refund checks worth hundreds of mil- it doesn’t set too well with the other every one of those dollars will be spent lions of dollars each, thanks to one of side when somebody comes down here almost immediately. That is the way the many business breaks in the tax- for 8 or 9 minutes—and that is all the you help this economy. cut package fashioned by House Repub- time we have been here—and interrupts There are other ways as well: A com- lican leaders that could come to a their conversation, which has been House vote this week. Democrats’ ob- going on day after day, that kind of bination of tax breaks, yes—for busi- jections are to be expected, but even blames all this on the Republicans. I do ness and others—rebates to be helpful some Senate Republicans and Bush of- not choose to blame it on the Demo- to some people who didn’t get tax ficials have distanced themselves. crats. I choose to say let’s get a stim- breaks earlier this year; and, extend As you know, the Secretary of the ulus package and let’s have some lead- unemployment benefits. There are Treasury called this ‘‘show business.’’ ership, to say it is too late to get ev- other things we can do. Those are the words to describe what erything we want and it is too late to But what was done in the House of the House of Representatives did. argue. Let’s just get a stimulus pack- Representatives—you talk about the I don’t come here to decide that one age by going to conference with some sounds of the hogs in the corn crib just side is all right or one side is all wrong. leadership saying let’s do a simple but grunting and shoving around doing But I am a little chagrined about what good thing. what they can to cobble together a bill is happening here, about people talking I offer a suggestion today as to what with left-over policies they didn’t get about what the majority leader has or that could be. I am just as vulnerable done in any other tax bills is exactly hasn’t done, what the majority leader to being prejudiced in favor of the holi- what happened here. This has nothing could or could not do. The majority day portion of it as others are for busi- to do with stimulus. leader did the responsible thing. He ness or labor provisions that they want brought a stimulus bill to the floor of in this. But I think we should get off That is not why I came to the floor. the Senate for debate. It wasn’t his ac- the partisan path, get onto another I am just curious. My colleague came tion that took it from pending consid- one. And, frankly, the Agriculture bill to the floor to spend about 5 to 6 min- eration. It was a point of order made can be debated, the remaining appro- utes talking about what the Democrats by the other side, Republicans, that ac- priations bill, and a nice, simple stim- have done to make all of this partisan tually took it off the Senate floor. ulus package could be put together if and political, and then said: But it is I will, without losing my right to the indeed we just chose to move to an- not my intention to cast blame or to floor, be happy to yield to the Senator other path. talk about the Democrats—after the from New Mexico for a question. I yield the floor and thank the Sen- first 5 minutes talking about the Mr. DOMENICI. Mr. President, I do ator for yielding to me. Democrats and Senator DASCHLE. not have a question. If I may just have Mr. DORGAN. Mr. President, if I may Let me make this point about this a minute to make a statement, the continue, I find this really interesting. issue. We brought this stimulus bill to Senator can then take as much time as I believe this past spring the Budget he would like to rebut me. Committee sent out a wholly partisan the floor of the Senate. It is not here Mr. DORGAN. Mr. President, of document supported only by the Re- now because a point of order was course I will allow the Senator from publicans after they refused to meet lodged against it, and every Member of New Mexico to make a minute state- with the Democrat members of the the minority party in the Senate voted ment. The purpose of discourse on the committee. to sustain that point of order. That is floor is to ask questions and respond to I don’t think we are interested in a why it is not here. The next time some- questions. But if the Senator would lot of finger pointing. I think the body asks the question, write it down. like to have a minute—without my American people are interested in a Take a 2-by-5 card and write it down yielding the floor—I would be happy to question of who is going to offer pro- for those who voted to sustain a point do that. posals that constructively help this of order. Write a little note that says: Mr. DOMENICI. I just want to make American economy. I voted to take the stimulus bill off the one statement as to the issue of wheth- I am going to say some things about floor of the Senate so it couldn’t any er or not the American people were the House bill because the House bill is longer be considered so you will know going to ever get a stimulus. They what comes to the conference. It is not that. You don’t have to repeatedly ask could look up here and say Congress a question of may or may not be good. these questions. passed a bill that people outside of gov- The House bill is atrocious. Does any- We have this negotiation going on. It ernment, who know about our econ- body in this country think that, with is supposed to go on. The chairman of omy, say will help us, the American an economy that is very weak, with an consumers. That started down the par- economy with a substantial over- the Ways and Means Committee went tisan path when the Finance Com- capacity, the way to resolve the prob- to California this weekend instead of mittee of the Senate was told it was to lems of this economy and provide lift meeting over the weekend as pre- produce a Democratic bill. They did. and opportunity in this economy is to viously decided. I do not know about They got every Democrat to vote for it give Ford a $1 billion tax rebate check, all of that. and no Republicans. or IBM, a $1.4 billion tax rebate check But at the end of the day, the Amer- All I am suggesting is, that started for corporate alternative minimum ican people deserve to have a package us down a path that was full of par- taxes paid going back to 1988? They of proposals from this Congress that tisan thorns. Instead of us going down won’t do that for individuals who paid really gives a lift to this economy. This a nice, easy street to get Americans an alternative minimum tax but just economy is in trouble. We have a re- what they deserve, we started down a for corporations at a time when there sponsibility to help. It is not going to partisan path that got us here today. is overcapacity. help by people coming here and point- The House may be as partisan as can Is there anyone who can find an econ- ing this way or that way. As I said, be. Their bill may be everything the omist who thinks this is going to help there is not a Republican or Demo- distinguished Senator is going to say the American economy? It is not. cratic way to stimulate the economy, about it. But it may not, also. But it How about the hundreds of thousands but there is the right way and the may be. That is his assessment of their of people who have lost their jobs? wrong way. We have received some bill. Every economist will concede that We do not have a bill we are going to one way to stimulate this economy is pretty good advice on which is which. discuss because they produced a purely to help those people who have lost My judgment is that in the coming Democratic bill that did not have any their jobs with extended unemploy- days we can put together a proposal Republican support. If in fact we did ment benefits. A fair number have no that will be helpful to this country. what he said, it was subject to a point benefits at all and we should provide That is our obligation.

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.021 pfrm01 PsN: S10PT1 S12762 CONGRESSIONAL RECORD — SENATE December 10, 2001 AGRICULTURE, CONSERVATION, DECEMBER 10, 2001. United Egg Producers. AND RURAL ENHANCEMENT ACT Hon. TOM DASCHLE, Western Peanut Growers Association. OF 2001—Resumed Majority Leader, U.S. Senate, Western United Dairymen. Washington, DC. Mr. DORGAN. Mr. President, the un- The PRESIDING OFFICER. The Sen- Hon. TRENT LOTT, ator from Wyoming. derlying farm bill is on the floor of the Minority Leader, U.S. Senate, Senate. When you talk about economic Washington, DC. f recovery and economic stimulus, what DEAR SENATORS DASCHLE AND LOTT: The SENATE AGENDA can promote economic recovery better undersigned farm, commodity and lender or- Mr. THOMAS. Mr. President, I would in this country than to help those on ganizations write to thank you for your ef- like to talk about a number of things. America’s farms? Recovery, in my forts to expedite the debate and consideration of a new farm bill in the United States First, we are talking about the farm judgment, begins at the roots. It seems Senate, and to urge that the legislation be to me that what has always nourished bill, but we have taken many different completed in a timely manner without directions in terms of the economic America has rolled from the family delay. We believe it is vitally important that farms to the small towns and big cities. stimulus. It needs to be extended. this legislation be enacted this year to pro- The President suggested a package. Whether it is economic opportunity or vide an important economic stimulus to economic progress, family values have rural America before Congress adjourns. The Republicans did not have anything always nourished our country. We fully understand that policy differences to say about the bill that came out of Our farmers are in significant trou- exist regarding this important legislation, committee. It was totally Democrat. ble. We have struggled and fought and and would encourage a healthy debate on We need to make some changes in scrapped and tried to get this bill to these issues. However, we are very concerned order to get this done. This isn’t about the floor of the Senate. We have the that the timeframe to pass this legislation is the House. The only talk has been rapidly drawing to a close. We believe this Secretary of Agriculture calling about what the House has done. They will require the Senate to complete a thor- can do what they choose. We ought to around saying don’t do it. In fact, the ough debate and achieve passage of the legis- Secretary of Agriculture pushed very lation by Wednesday evening, December 12. do what we think is right. hard to prevent the House from doing We urge you to allow members an oppor- The President asked for an extension it, and Congressman COMBEST, who is tunity to offer amendments that are rel- of unemployment benefits for 13 weeks of the other political party—God bless evant to the development of sound agricul- for Americans who lost their jobs due him—said: I am going to do it anyway. tural policy while opposing any amendments to the terrorist attacks. I am sure It needs to be done; it ought to be done designed to delay passage of this important some will agree with that. He asked for now. And he did it, and ran a farm bill legislation by running out the clock prior to $11 billion for the States to help low-in- through the House. Good for him. the adjournment of Congress. come workers obtain health insurance We are struggling to get a farm bill New farm legislation must be enacted this year to stimulate and stabilize our rural for a certain period of time. I suppose through the Senate. Senator HARKIN economy that has been in an economic down- everyone would agree with that to brought a farm bill from his com- turn for five years with no turn-around in maintain that sort of help, wouldn’t mittee, and it is now on the floor of the sight. Unlike many sectors of the economy, they? Senate. production agriculture did not share in the Also, of course, in order to create Let me read from a letter of Decem- economic growth of the last decade and has some jobs, we have been talking about ber 10 addressed to Senator DASCHLE been devastated by depressed commodity accelerated depreciation to encourage and Senator LOTT. It says: prices, declining market opportunities and companies to go ahead and purchase The undersigned farm, commodity and increasing costs. It is critical to producers, farm lenders and material and purchase machinery to lender organizations write to thank you for create jobs. That is really what it is all your efforts to expedite the debate and con- rural communities that a new farm bill be sideration of a new farm bill in the United approved this fall to provide the assurance about. Partial expensing, tax relief for States Senate, and urge that the legislation necessary to plan for next year’s crop pro- low- and moderate-income workers— be completed in a timely manner without duction. these are things that are all in the delay. We believe it is vitally important that We encourage you and your colleagues in package. this legislation be enacted this year to pro- the Senate to complete action on a new farm It isn’t as if everyone has a different bill as soon as possible to provide adequate vide an important economic stimulus to idea, but we ought to have a chance to rural America before Congress adjourns. time for a conference with the House of Rep- We fully understand the policy differences resentatives in order to ensure a final bill talk about them. We ought to have a exist regarding this important legislation, can be enacted this year. chance to bring up those things and to and would encourage a healthy debate on Sincerely, decide what the majority of this body these issues. However, we are very concerned Agricultural Retailers Association. would like. I am sorry, I do not quite that the timeframe to pass this legislation is Alabama Farmers Federation. understand how we got off into this: If rapidly drawing to a close. We believe this American Association of Crop Insurers. the Democrats do not agree, then noth- will require the Senate to complete a thor- American Bankers Association. American Corn Growers Association. ing should happen; if the Republicans ough debate and achieve passage of the legis- do not agree, then nothing should hap- lation by Wednesday evening, December American Farm Bureau Federation. 12th. American Sheep Industry Association. pen. That is not the way we should op- American Soybean Association. erate. So I am hopeful we can do this. I will include in the RECORD a list of American Sugar Alliance. I indeed think we should. who is who in American agriculture. It CoBank. is virtually every organization: Amer- We are going to have to make some Farm Credit Council. decisions in terms of priorities. Obvi- ican Farm Bureau, National Farmers Independent Community Bankers Associa- Union, National Corn Growers, Na- tion. ously, there is not much time left, tional Cotton Council. Virtually every National Association of Farmer Elected whether we get out this week or wheth- organization that represents family Committees. er we stay until Christmas. In either farmers is asking this Senate to do the National Association of Wheat Growers. case, there is not a lot of time. National Barley Growers Association. We have three more appropriations right thing, to consider this farm bill, National Cooperative Business Associa- move it along today, tomorrow, or the bills in conference that have to be re- tion. solved. Those have to be done. We got next day, and offer amendments to try National Corn Growers Association. to get it out of the Senate and get it National Cotton Council. through a tough appropriations bill into conference so we can put a bill on National Farmers Organization. last Friday by staying here until 12:30 the desk of the President for signature. National Farmers Union. on Friday night. We will have a tough My hope is that we can do that before National Grain Sorghum Producers. one with Health and Human Services, I we leave town. It is a struggle. It is not National Milk Producers Federation. am sure. But those need to be done. easy, but it is achievable. National Sunflower Association. Then we need to make judgments South East Dairy Farmers Association. whether we are going to have energy, I ask unanimous consent that the Southern Peanut Farmers Federation. letters be printed in the RECORD. The American Beekeeping Federation. whether we are going to have a farm There being no objection, the letter U.S. Canola Association. bill, whether we are going to have the was ordered to be printed in the U.S. Dry Pea and Lentil Council. insurance package—a lot of things that RECORD, as follows: U.S. Rice Producers Association. people talk about having. The question

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.025 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12763 is, What is the priority for us at this beans and half a dozen crops, mostly in tions by landowners. They need help to time? the Middle West. And now agriculture do that. That is one of the things that Quite frankly, I think the leadership has changed to where you have all ought to be done. We ought to be able has been a little slow in trying to set kinds of crops in all kinds of places. to have a budget that goes out over forth their priorities. There is no use So I think in the future, as we look time. listing 15 different things people would to where we want to go, we have to find The Cochran-Roberts amendment like to do. We are not going to do that, a program that deals with more people will be a substitute that takes a little obviously. in agriculture for some kind of safety different direction, gives us an option, Indeed, in many cases we perhaps are net security. gives us a chance to do some things. better off to take a little more time on Some 40 percent of agricultural prod- The payments are considered to be these tough bills to really decide where ucts goes into foreign trade. So we WTO ‘‘green box’’ payments, so you we want to be in 10 or 15 years, such as have to deal with the kind of trade ar- can have support for agriculture within agriculture, as to what we want ag- rangements that we have around the out running into conflicts in terms of riculture to look like over a period of world, WTO particularly. We have to trade. It will not place our producers at time. What we do on this bill is going have a farm program that does not con- risk for a challenge from other coun- to have a great deal of impact on agri- flict there or allows other countries to tries. It gives an opportunity to pro- culture. put up obstacles to our foreign trade. ducers to obtain support through a This bill will last for 6 years, but it So those are the kinds of issues that farm savings account so they can con- will have an impact beyond that. Quite need to be considered. tinue to save with the help of Govern- frankly, we have wrestled with this We need to keep working lands in ment contributions. issue for quite some time. I have been production. The idea of having a pro- The conservation title has programs involved in agriculture all my life in gram that sets aside acres and acres of that keep working lands in production, one way or another. We seem to kind of land in some kind of conservation re- and it extends it beyond the program move in short spurts to take care of serve, where they are no longer produc- crops. My State, of course, is largely a what the problem is here, what the tive, is not an economically sound pol- livestock State, so conservation that problem is there; and, yes, you have to icy to have over time. What we need to applies to grasslands, and those kinds do that, of course. But the fact is, we do is have a conservation program that of things, is equally as interesting. ought to be looking at a policy that impacts all of these acres and lets There is a program called the Envi- ronmental Quality Incentives Program, takes us down the road to where we them continue to be useful, whether it QUIP, which provides technical assist- want to be, where we have a safety net is grass, whether it is trees, or what- ance. That is a program that is quite of some kind for agriculture, where ag- ever it turns out to be. The bill before us generally takes us important, I believe. ricultural production is needed in the in the wrong direction, takes us back So we are going to have an oppor- marketplace, where there is a market- towards the agricultural programs of tunity to look at some of the options place for agricultural production, the 1930s during the Depression. It en- to see if we can do the things that I where we do some of the kinds of dorses higher loan rates which would think are most important; that is, to things that will maintain open spaces encourage overproduction. Prices for have a plan over time that provides for and the conservation and land over U.S. products, that are almost out of the encouragement of production, pro- time that we would like to have. Those reach for our markets around the duction that will then be marketed, are the kinds of long-term things that world, will be even higher. that provides for the conservation of I think are very important. It has a commodity title that puts, all the lands, so when we are through So as we undertake farm bills, they because of our arrangements in world with the land, we will see that we have need to be given a lot of thought. That trade, our producers and industry at open spaces and that we have an effort did not happen in the committee, as a risk of retaliation. It threatens to ex- made through this program to develop matter of fact. We only had a very ceed our so-called ‘‘amber box’’ obliga- more and more markets, whether they short time to deal with it. And it be- tions in WTO. They are watching every be overseas or whether they be domes- came an issue for the chairman, the move we make to see if that is or is not tic, and that it is fiscally responsible leadership, to get that bill out in 10 the case. And it can impede us with the so that we have a budget for the entire days, or a week or so. So we were talk- kinds of difficulties it brings. length of the bill and one that is trade ing about various numbers of titles. We The conservation title is really sort compliant. would get the title of the proposal one of a gimmick. It substantially boosts I am certainly in favor of us having a night and try to vote on it the next conservation spending in fiscal years bill. I don’t think it makes a world of morning. That isn’t the way to do it. 2002 to 2006 and then reduces it dra- difference whether it is done in the We did not have time to digest it, let matically for the remainder of the next week or whether it is done in the alone have an opportunity to talk with time simply to make it fit into the early part of next year. The Budget the people at home in terms of how it budget. That isn’t going to work over a Committee chairman from North Da- would impact agriculture. And that period of time. That is a ballooning of kota continues to say we won’t have really is part of it. expenditures early to make it accept- the money next year. I don’t see any The bill that is before us now is, of able, and then it does not continue reason why we don’t have as much course, the Harkin bill. I think we need until the bill expires. money in February as we do in Decem- to support a bill that will continue to So these are some of the issues with ber. There won’t be a new budget by move agriculture towards a market- which we are faced. We can change that time. Things will not have oriented situation so that the emphasis those if we have an opportunity to changed. If we could do a better job by and the incentives for agriculture are have amendments, if we have an oppor- having a little more time to work on to produce those things the price would tunity to consider a bill that will be it, I favor that. If we can get the job indicate are to be marketed. proposed as an alternative that has done in the short while and have the There are programs in the past we some different ideas in it. We should opportunity to make the changes, have have used with certain very high price have an opportunity to vote on that. the opportunity to examine the con- supports that encouraged production in But with more and more environ- tents of the bill—which, frankly, most which there was no marketability. Ev- mental provisions that landowners and of us have not even had, and we are on eryone wants to have this underpin- farmers and ranchers have to abide the committee—then that is the need ning support, of course, but then you with—and, indeed, in some cases at that we must have. have to be very careful as to what you least they should—then there needs to I look forward to us moving forward do with that. be assistance for that, assistance in the and accomplishing those things. I do We need to place more emphasis on future to have the kind of technical hope that we do set our priorities on broader agriculture. Agriculture bills help that is required, for instance, in timing and do not move into this ques- that started generally in the 1930s were nonpoint source water protection. tion of trying to do everything. That is oriented towards what are called the There are lots of things that have to always a problem at the end of a ses- program crops. They are corn and soy- be done to comply with EPA regula- sion. Everything that has not been

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.027 pfrm01 PsN: S10PT1 S12764 CONGRESSIONAL RECORD — SENATE December 10, 2001 done up to that time, regardless of the The environmental quality incen- program. We also attempt to have addi- reason it has not been done, suddenly tives program is underfunded and far tional countercyclical support through becomes the most important action short of resources that are needed. The the loan program. that could ever occur and has to be bill before us would substantially in- Our bill raises loans for every com- done in the last few days. We have had crease funding for all of these impor- modity with one exception, extra long enough experience of knowing that tant conservation programs. However, staple cotton, which was held constant, many times those things don’t turn out if we don’t pass it soon, the USDA will and for soybeans, which we reduce from as well as they should. not be able to carry out effective pro- $5.26 a bushel to $5.20 a bushel. Again, I am hopeful we will deal with these grams during the present fiscal year. all of this was an attempt to balance things with as much time and knowl- In addition, this bill will provide im- loan rates so that one would not be en- edge and opportunity to participate as portant and immediate help in the couraged to plant one crop over an- possible. areas of rural economic development, other to plant for the loan benefits. I yield the floor. trade, and research, as I mentioned. We For other crops, the loan programs The PRESIDING OFFICER. The Sen- need to move ahead without delay. have discouraged planting of some ator from Iowa. I will take the time now to discuss crops, such as barley, oats, dried peas, f some of the principal features of the and lentils. Those crops received better bill. In order to proceed to the bill, to- treatment in this bill, including a loan AGRICULTURE, CONSERVATION, morrow I will be offering a substitute rate boost for feed grains other than AND RURAL ENHANCEMENT ACT amendment that will include modifica- corn and a new loan program for dry OF 2001—Continued tions to the dairy and conservation peas, lentils, and chickpeas. Mr. HARKIN. Mr. President, the bill provisions of the legislation reported The bill gives producers the option of before the Senate now is the com- from the committee. That will be an retaining their current contract acres mittee-reported farm bill, a 5-year amendment in the nature of a sub- and adding oilseeds or updating their farm bill. It is a comprehensive bill stitute. Hopefully, there won’t be any contract acres and payment yields. providing major improvements to the objections to that, and then we will They will be given choice. Farmers farm commodity and income protec- move ahead with amendments to that can upgrade their base acres in yields tion programs, conservation, rural eco- as the underlying bill on the floor. or they can remain with the ones they nomic development, trade, research, First, title 1 on commodities, the bill have. Farmers who have taken advan- nutrition assistance, renewable energy, continues direct payments but adds tage of flexibility to switch to other credit, and forestry. countercyclical contract payments to crops will not lose base acres. Those The legislation is within our budget assure that in the years of low prices, who are of fewer acres covered by the limitations for the new farm bill. We producers will receive additional sup- current production flexibility contract were allowed $7.35 billion for fiscal port. The bill establishes income pro- will be able to update those acres and year 2002, and $73.5 billion for 10 years tection prices for each of the contract their payment yields. above baseline spending. The bill is commodities. If the price for the com- In the area of dairy, the bill includes fully within those limitations. I hope modity plus the direct payment for the supplemental income assistance pay- we can move forward and work our way year falls below the income protection ments for dairy farmers. That is a sys- through this bill. We are, of course, price, producers would receive a coun- tem of payments designed to assist pro- ready to consider amendments tomor- tercyclical payment to make up the viders in the northeast part of the row and debate the issues and pass the difference. For the first 2 years, the di- country that will help compensate for bill, go to conference, and send it to rect payments would be generous them getting out of and off of the the President. The sooner we can get enough that there will be no counter- Northeast Dairy Compact. In addition, the amendments debated here and cyclical payments. For the third, there is a national dairy payment pro- voted on, the sooner we can get to con- fourth, and fifth years, the direct pay- gram for the remainder of the country. ference. ments will be lower but the difference I might add that earlier on in the day There is a need to move ahead with would be made up by the counter- the Senator from New Mexico was talk- this bill now. Farmers around the cyclical payments in those years. ing about a national tax and a payment country need to know what the farm Quite frankly, this was really the by dairy farmers. That is not in the program will be for next year so they goal of the Freedom to Farm bill that substitute bill that I will be offering can make decisions, arrange their fi- was passed in 1996. That would be di- tomorrow. I hope those who looked at nancing, their loans, line up their rect payments; that those payments the earlier version will look at the sub- input and supplies for next year. It is would phase down at some point. As we stitute because that taxing provision is important for farmers to get this legis- saw because of low prices, world condi- not included. lation passed. tions, other conditions, the Congress American sugar producers have been It is important for all of America to had to come in year after year after facing sugar prices at or near 22-year get this bill passed because, as has year and pass emergency funding legis- lows for most of the past 2 years. often been said, it all really does start lation for direct payments and to add Our committee bill reestablishes on the farm. With food being such a to those direct payments. marketing allotments for sugar in an critical commodity for our own people What we should have had at the start attempt to limit domestic production but also in our trade relations, it is was a countercyclical program so that levels that, with imports, will not ex- necessary that we send clear signals in times when prices are good, you ceed the demand for sugar for human that we are going to have a meaningful don’t need all those direct payments. consumption. The bill also provides the farm program for next year and the But when prices are low, that is when Secretary with the tools she will need year beyond. you need to come back in. to bring sugar production in line with That is part of the reason. There is When Freedom to Farm first passed, demand. another reason why we have to move there were farmers who, quite frankly, The committee bill makes a dra- ahead. That is the area of conserva- had a pretty darn good year and prices matic change in the program for pea- tion. Some of the critical conservation were high, but they got a direct pay- nut producers to bring it more in line programs are out of money. The wet- ment anyway. That didn’t seem to with other commodity programs. The lands reserve program, the farmland make very good economic sense or pol- bill abolishes marketing quotas. That protection program, and the wildlife icy sense. So I understand that we has been a staple of peanuts ever since habitat incentives program are out of can’t pull the plug right now. We con- I have been here—for the last 27 years. money now. The longer we wait and tinue the direct payments. They start It establishes a new system of peanut delay on the farm bill in getting it to to go down, but in place we have the base acres and payment yields. The the President to get it signed, that countercyclical payments that come in new program creates a safety net for means that more and more we will in case prices are low; we all hope producers in the form of marketing have a backlog of needs in all of those prices stay high. But in case they do go loans, direct payments, and counter- areas of conservation. down, we do have the countercyclical cyclical supports. So basically, the

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.029 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12765 peanut program will be phased out and down, one-size-fits-all. It is designed to posal that greatly strengthens our the new one will be phased in and it be geared toward the individual farm- commitment to conservation as an in- will be similar to other commodity ers in different parts of the country. tegral part and cornerstone of our agri- programs. What may be good for conservation in cultural policy. The conservation title Finally, the commodity title pro- West Virginia may not be good in Iowa. represents a real win for farmers, land- vides for higher levels of purchases of This bill recognizes that it has to come owners, and for all Americans who fruits and vegetables for distribution really from the bottom up, within cer- have a vital interest in conserving and through the important nutrition pro- tain guidelines, and protecting air, oil, protecting our natural resources. grams such as the National School water, and natural habitats. But that The trade title was put together on a Lunch Program and the Emergency is basically what the conservation and consensus basis in the committee. It Food Assistance Program. security program is designed to do, to was reported out, also, on a unanimous Next, dealing with title II, conserva- help farmers with their conservation vote. This should go a long way toward tion, in addition to producing food and on the land they have in production. improving existing export and food aid fiber, America’s farmers and ranchers The acreage cap for the Conservation programs. We have seen that export are also our stewards, playing a crit- Reserve Program has been increased markets do not serve as a reliable safe- ical role in protecting natural re- from 36 million acres, the present ty net in and of themselves. But trade sources for future generations. This limit, to 42 million acres. The legisla- is and will continue to be a key outlet new farm bill recognizes that conservation more than doubles the Wetlands for U.S. agricultural products. tion is a cornerstone of sound farm pol- Reserve Program. It increases the acre- Over the last few decades, the U.S. icy. It will greatly increase our com- age cap by 1.25 million acres above the agricultural economy has derived be- mitment to helping agricultural pro- current 1,075,000 acres. There is also an tween 20 and 30 percent of its gross in- ducers and landowners to protect and allowance for 25,000 acres annually to come from exports. United States agri- conserve soil, water, air, and wildlife— be enrolled in the Wetland Reserve En- cultural exports have exceeded U.S. ag- especially on land that is in produc- hancement Program. ricultural imports since the late 1950s, tion. The legislation increases funding for generating a surplus in U.S. agricul- Senator LUGAR and I, and many the Environmental Quality Incentives tural trade—I might add, helping our members of the committee, share a Program, which is important to our overall balance of trade. So our trade longstanding view that the new farm livestock producers, up to $1.5 billion a title provides about $2 billion above bill should place a larger and much year, which is 7 times over the current baseline over the 10-year period, rough- greater emphasis on conservation. figure. So in the critical area of help- ly split between the commercial export Over the past months, we and our ing livestock producers prevent soil programs and the food aid programs. staffers have worked together to de- runoff, water runoff, polluting rivers, The bill more than doubles existing velop the conservation title reported streams, the Chesapeake Bay, and in funding for the Market Access Pro- out of committee. other areas, we increase that program 7 gram, ramping up to $190 million annu- I point out that this title was re- times more than what it is right now. ally by the end of the 5-year bill. We ported unanimously out of committee Contract amounts have been increased also put additional resources into the because it reflects good policy that to $150,000, with a $50,000 maximum Foreign Market Development Program, helps the full array of producers rep- being earned in any year of the 3- to 10- which helps our agricultural groups resented in the committee and in the year contract. serve customers in overseas markets. Senate. The substitute I will be offer- Our bill provides for 10 times more The Supplier Credit Program allows ing will build on the committee’s con- funding over the next 5 years for the short-term loans to be made directly to servation title and will add about $1 Wildlife Habitat Incentives Program importers rather than through a bank billion more in conservation funding to than was provided in the last farm bill. intermediary. We allow the length of focus additional funding in the 5 years We go from $50 million to $500 million the loan to be extended from 6 to 12 covered by the bill. in that area. months. The conservation title basically dou- More funding will be provided over There is also a strong demand for re- bles our funding for conservation by the next 5 years for the Farmland Pro- sources to help educate children in the adding $21.5 billion to baseline spend- tection Program. This program allows developing world. The United Nations ing for conservation programs, for a for farmland and the environmental World Food Program believes that total of $43 billion over 10 years. We ba- benefits of this land use to be preserved there are some 300 million children sically double funding for conserva- for future generations. The last farm worldwide who are not receiving an tion. bill allocated $35 million for the Farm- education due to economic hardships Our bill also brings balance to spend- land Protection Program. Our bill in- faced by their families. With a desire ing on land retirement programs such creased that amount to $1.75 billion. to address that issue, our bill estab- as the Conservation Reserve Program A new Grassland Reserve Program to lishes and funds the International Food and the Wetlands Reserve Program, purchase permanent and long-term for Education and Nutrition Program, balancing that with programs for easements on 2 million acres of grass- within or under the banner or heading working lands such as the Conserva- lands is also included in the legisla- of the Food for Progress Statute. This tion Security Program, EQIP, and the tion. This program will offer long-term proposal was introduced last year by Wildlife Habitat Incentives Program. easements, technical assistance, and former Senators Dole and McGovern, Our bill will establish a new incen- restoration costs to restore or keep pri- long-time advocates of domestic and tive payment program and the Con- vate lands in native grasses. international feeding programs. servation Security Program, which will The legislation provides additional The shorthand phrase for this really both improve farm income and increase new programs besides the Grassland is the ‘‘international school lunch pro- agricultural conservation. This pro- Reserve Program. The Water Risk Re- gram.’’ We are trying to develop in gram adopts a comprehensive, inclu- duction Program provides for purchase emerging nations, in nations that have sive national approach to conservation of flood plain easements that retard a need for this, the low-income places, on working lands. It provides incentive runoff, prevent soil erosion, and safe- a school lunch program so that fami- payments to farmers and ranchers who guards life and property from floods. lies would see that as a benefit to send voluntarily maintain and adopt con- The Great Lakes Basin Program for their kids to school. Right now, a lot of servation practices that are appro- Soil Erosion and Sediment Control will families in Third World countries send priate for the local areas and each indi- provide demonstration grants, tech- their children out to work as an addi- vidual operation. In this way, we not nical assistance, and carry out infor- tional income to the family. In the only retain the conservation achieve- mation and education programs to im- United States, giving a free meal to ments of the past, but we encourage in- prove water quality in the Great someone may not be that big a deal creased conservation in the future. Lakes. since we spend less than 10 percent of Again, I point out that the conserva- As chairman, I am proud that we our income on food. But in poorer parts tion and security program is not a top- have developed a strong, balanced pro- of the world, they are spending 60 to 70

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.031 pfrm01 PsN: S10PT1 S12766 CONGRESSIONAL RECORD — SENATE December 10, 2001 percent or more of their disposable in- today and about which we will be hear- A third key goal is to make a con- come on food. If we can give a free ing more, this is stimulus, making sure certed effort to reach all children who school lunch to a child and maybe give that those who are out of work and are are poor and for whom a proper diet is them something to take home, it will seeking employment have the nutri- particularly crucial. It includes a pro- not take long for that family to figure tion they and their children need. vision that modestly increases benefits out that is a big addition to the family It is a travesty that although we for larger size families with children income. It will serve to not only in- have the safest, most abundant food and restores food stamp benefits to all crease nutritional benefits of kids but supply in the world—hunger in Amer- poor legal immigrant children. also serve as a magnet to get them out ica has also been reduced in the last 30 The credit title reauthorizes all cur- of the workplace and into schools. years—still 10 percent of America’s rent direct and guaranteed USDA farm The trade title also provides more re- households face the possibility that loan programs, and it focuses on pro- sources for the Food for Progress pro- they will worry about or actually not viding more credit opportunities for gram and reforms and streamlines the have enough food to eat. beginning farmers and ranchers. operations for all food aid programs The people who are going hungry in- The title also includes other facets of run by USDA and the U.S. Agency for clude the working poor, single working the USDA farm lending programs, for International Development. The bill mothers with children, seniors forced example, by making the interest rate makes it easier in a number of ways for to choose between paying for food and reduction program permanent and pro- groups such as Save the Children, paying for prescription medicine, and viding that reduced paperwork require- CARE, and Catholic Relief Services, families forced each winter to choose ments be available to more farmers. To who run many food aid projects over- between heating and eating. With the address the credit needs of farmers in seas, to do their jobs while still permit- current economic downturn, we can this time of sustained low commodity ting USDA and USAID to monitor only expect the situation to worsen. prices, the title expands the time of them effectively. At this time it is all the more crit- eligibility for direct operating loans Finally, this title also addresses the ical that we strengthen our Nation’s from 7 years to 9 years. access of United States agricultural ex- nutrition safety net. Part of that safe- In the area of rural development, ports to Cuba. While Cuba remains a ty net, as I said, includes the Food title VI, this bill will make a real dif- cash-poor economy, it imports a sub- Stamp Program, which is one of the ference in economic and community stantial share of its food, with an aver- most effective and efficient ways to development in rural America. Rural communities have many ad- age value of $660 million annually over help low-income families, the elderly, vantages, but a lot of the time they the last few years. In particular, it is a and the disabled. It is our Nation’s have not shared in our country’s pros- significant buyer of rice, and prior to largest child nutrition program since 50 percent of Food Stamp Program par- perity. For too long, they have lagged imposition of sanctions in the 1960s, ticipants are children. In addition, behind. Rural America needs facilities Cuba was the single largest market for fully 9 out of every 10 food stamp and services that meet the standards of United States rice. 21st century America, from basic serv- A February 2001 report by the U.S. households include a senior, a disabled ices, such as sewer and water, to the International Trade Commission esti- person, or a child. Our bill provides $6.2 billion over 10 basic services we need to compete and mates that if we did not have the sanc- years for improvements in the Food live in the 21st century, such as tions on Cuba, Cuba could buy as much Stamp Program. It includes several eli- broadband Internet access. Without as 400,000 tons of wheat, 300,000 tons of gibility and benefit improvements, as them, the quality of life in rural com- rice, and 500,000 tons of feed grains well as important simplifications to munities will be impaired and busi- from the United States. improve the access of working families nesses will not thrive. The Commission estimates that U.S. to the program. One of the largest problems facing exports to that country could reach Provisions in the bill accomplish rural businesses is the lack of adequate about $400 million annually. By elimi- three key goals: equity capital at competitive rates. nating, as we do, the restriction on pri- First, to strengthen the program to While many rural businesses are not di- vate financing of sales of food and med- help people more successfully transi- rectly associated with agriculture, ven- icine in current law, the bill permits tion from welfare to work and to help tures to increase the value of agricul- U.S. exporters to begin to access this shield low-wage working families from tural commodities in rural areas are a market. Again, there would be no U.S. the recession, this legislation extends great potential as an engine for Government funds involved. This would the period of time that a former wel- growth. If these value-added enter- all be through the private sector. If the fare recipient is able to participate in prises are largely owned by agricul- private sector wants to finance these the Food Stamp Program without hav- tural producers or co-ops, there is a sales, let them do it. It would be a heck ing to fill out any extra paperwork and double benefit of economic growth and of a good market for producers in this reapply from 3 months to 6 months. increased farm income. country. Second, it extends the period of time These are some of the key goals for Next, title IV, our nutrition title. that able-bodied adults without de- rural development that our committee Again, in this title we are talking pendents may participate in the Food has been working toward. I will just about something that affects all of Stamp Program to allow time for them mention a few of the key provisions. America, rural and urban alike. In Oc- to find and keep a job. We fund a new program called the tober, we lost 415,000 jobs in America. To simplify the program and to light- Rural Business Investment Program The unemployment rate jumped to 5.4 en the administrative burden and avoid and a bold new program called the Na- percent. It did that in September, the excluding people who qualify for the tional Rural Cooperative and Business largest 1-month jump in 21 years. We program, the bill has a number of bi- Equity Fund. We provide substantial are facing a recession this winter. We partisan provisions that would simplify funding for value-added agricultural do not know how long it is going to the program in areas such as income product market development grants to last. Of course, we hope it is not going and resource counting, assessment of help develop solid new enterprises to last long, but we do not know. expenses for deductions, and deter- owned by agricultural producers in One of the best underpinnings for mination of ongoing eligibility. rural areas. families who are out of work in Amer- We cut the redtape in the program We improve the business and indus- ica, who are looking for employment, and increase coordination between try loan guarantee program and estab- facing some tough times, is a program other programs, such as Medicaid and lish a new way to fund the Rural Eco- that has proven its worth year after Temporary Assistance to Needy Fami- nomic Development Grant and Loan year, and that is the Food Stamp Pro- lies, the TANF program. This is so peo- Program. gram. Along with unemployment insur- ple do not have to apply for Medicaid, To help smaller communities, the ance, it is the vital part of our front- then apply for temporary assistance, title applies $100 million a year for line defense against recession. and then apply for food stamps. We are broadband Internet access. If we are talking about a stimulus trying to wrap it into a one-stop-shop- We also provide funding for fire- package, which we talked about earlier ping concept. fighting and first responder training

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.034 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12767 and include a program to clear the but I am hopeful the House will accept I think the time has come to start large backlog in the USDA sewer and it. It was unanimously adopted by our turning that corner back again, to rec- water and community facility pro- committee. We create a number of ini- ognize all of the things that go into an gram. tiatives to develop new uses and mar- automobile today that are made from In title VII, the research title, the kets for agricultural products and re- petroleum-based chemicals and plastics central purpose of the farm bill is to newable energy, including biofuels such can indeed be made from—well, it does ensure the security and vitality of our as ethanol and biodiesel, biomass, not have to be soybeans. It can be a lot food and agricultural system in rural wind, and solar energy. of other different types of agricultural communities. Research plays a vital We include a grant and loan program products. All the steering wheels, all but often unappreciated role in accom- to help establish farmer-owned renew- the plastic, all of the stuff that goes in plishing this. able energy businesses to market elec- a car can, indeed, be made from soy- The fact that resources devoted to tricity. There is also a grant and loan beans. agricultural research have been insuffi- program to provide financing assist- This title of this bill is to begin that cient to keep pace with the increasing ance to farmers so they can purchase process of ensuring we can start mak- needs of farms and rural communities renewable energy systems such as wind ing more and more of our products for has been of great concern to many in turbines, solar heat pumps, solar en- automobiles and for other items from the agricultural community. ergy, solar electricity or solar water, agricultural-based entities rather than However, this private sector funding methane digesters, and to make energy from petroleum. is mostly targeted toward addressing efficiency improvements. So this energy title is one of the the needs of production agriculture, Another program bolsters the devel- most exciting efforts we have ever un- leaving the needs of many other sec- opment of bio-refineries to convert bio- dertaken in the farm bill. There are a tors of the agricultural and rural sec- mass and agricultural wastes into lot of initiatives: wind energy, for ex- tor unaddressed. The only way to meet fuels, chemicals, and power. I believe ample. We can produce a lot of wind en- these unfulfilled needs is through allo- that renewable energy will become a ergy in this country, so we provide cating a portion of the funds given to major cash crop for farmers, ranchers, grants and loans to farmers and ranch- the committee to research programs. and rural communities across the ers to buy and put up windmills. Therefore, we increase funding for the country in the coming years. We can One might say, what does that have Initiative for Future Agricultural and provide new income streams for our to do with agriculture? The fact is if Food Systems to $145 million a year. producers, enhance rural economic de- we are going to build windmills to We also provide $15 million a year in velopment, make environmental and make electricity, we are not going to funding for a competitive grants pro- public health gains by reducing pollu- build them in the cities. They are gram focused on rural policy research. tion, and increase our Nation’s energy going to have to be built in rural areas. This program will provide research security. Promoting renewable energy They are going to have to be built grants on topics such as rural soci- as part of this bill will also change the where we have farms and ranches. I ology; effects of demographic change; way we think about agriculture. think this would be a source of income needs of groups of rural citizens; rural I truly believe we can produce just for farmers, plus it would add to the about anything from corn, soybeans, community development; rural infra- national grid the help from electricity. and other agricultural products that structure; rural health; rural edu- Biomass, methane production—there is we can produce from oil. The energy cation; rural extension programs, all of an ethanol plant in Kansas right now title will bring us a significant step these in a policy research program. that is producing ethanol and their en- The changing nature of agriculture closer to that end. I have in my office—the office I can- tire heat source comes from good old has created a great need for farmers not get to right now, but hopefully we methane. So there is a lot of it, it and ranchers to be able to utilize a will get back to our offices sometime seems to me, we can begin doing. I wide range of tools such as risk man- pretty soon—a picture that was taken think this is one of the most exciting agement, precision farming, crop pro- in 1939, the year I was born. It is an parts of the farm bill. Those really are, in a nutshell, the tection, and business planning. The bill original picture of Henry Ford. He has provides $15 million a year for a com- a baseball bat and he is hitting the different titles of the farm bill. As I petitive grants program focused on pro- trunk of a car, a 1939 Ford, with the said, every title of this farm bill was viding beginning farmers and ranchers baseball bat. voted unanimously in our committee, the information and the support they This was a demonstration for the with one exception, and that is the need to acquire the kind of knowledge press on what Henry Ford considered commodity title. they may not heretofore have received. to be the car of the future. He pre- I understand that people have dif- The end of the cold war, along with dicted at that time cars of the future ferent ideas on commodities, but what recent tragic terrorist attacks in would be made out of soybeans, and the we tried to do in the commodity title America, have focused national atten- trunk of the car was made from soy- was to provide a balance so that one tion on our vulnerability to biological beans. So he was hitting the trunk part of the country was not getting an and chemical terrorism. Agriculture is with the baseball bat to show it would undue amount of money over another. widely considered to be a vulnerable not dent, it would not crack, and the We tried to keep the commodities in target for bioterrorism. The committee baseball bat just bounced right off. So balance so a farmer would not be en- has therefore included in this title sev- Henry Ford had predicted all of the couraged to plant one crop over an- eral new authorizations to bolster the things that were in a car made from pe- other; that they truly could plant for Federal Government’s biosecurity troleum products would very shortly be the market and not because one had a planning and response capabilities. made from soybeans. higher loan rate than another, that Title VIII is the forestry title. We in- The war came, and we needed to type of thing. So we spent a great deal clude a sustainable forest management ramp up our petrochemical industries. of time working to balance it, and we program to provide forest landowners We needed petroleum for the war ef- did come out of the committee with a and States assistance to meet multiple fort. The United States spent trillions bipartisan vote. It was not unanimous. resource objectives on private forest of dollars in World War II. We spent a I admit it was not a unanimous vote on lands. Funds may also be used for con- lot of taxpayer money developing the the commodities title, but it is a meas- servation easements to maintain forest oil industry in this country and en- ure of how much work this committee cover and protect important forest val- hancing the petrochemical industry of did—I do not mean just this member ues. The title also contains an initia- this country. but Democrats and Republicans did— tive to help establish private forest After it was developed after World on this bill. Every single title got a landowner sustainable forestry co- War II, it was obviously then much unanimous vote, as I said, with the ex- operatives. cheaper to make all of these things ception of commodities, and I believe Title IX, the energy title, is a new from oil, to make plastics out of petro- we will be able to work that out. title. This has never been in the farm chemicals, than it was to make it from I have not seen it yet, but I guess bill before. It is not in the House bill, our agricultural produce. Senator ROBERTS and Senator COCHRAN

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.036 pfrm01 PsN: S10PT1 S12768 CONGRESSIONAL RECORD — SENATE December 10, 2001 will be offering an amendment on the many there are and perhaps reach an CONGRATULATIONS TO THE UNI- commodities title to change it. We will agreement on time limits to get this VERSITY OF NORTH DAKOTA AS have a debate on that. I have not seen bill out of here by sometime late IT WINS THE NATIONAL FOOT- it, so I cannot debate it. We will look Wednesday. BALL CHAMPIONSHIP at it. We will consider it. I yield the floor. Mr. DORGAN. Madam President, this Now, Senator ROBERTS and Senator The PRESIDING OFFICER (Mr. past Saturday, the University of North COCHRAN offered an amendment in ROCKEFELLER). The Senator from Wyo- Dakota’s Fighting Sioux won the divi- committee. That approach was turned ming. sion II national championship football down. Whether or not this amendment game. Anyone who watched that game will be the same, I don’t know. I have f on ESPN marveled at the game itself. heard it will be changed, but I have not It was one of the most exciting football seen it. We certainly will debate it. I UNANIMOUS-CONSENT REQUEST— EXECUTIVE CALENDAR games I have ever watched. It was de- hope we have a reasonable time limit cided in the last couple of seconds. The on debate. I hope we don’t drag this out Mr. THOMAS. Mr. President, as if in two teams played wonderful football. longer than necessary. All who have executive session, I ask unanimous They played Grand Valley State of been on the committee understand the consent the majority leader, after con- Michigan in division II. Grand Valley different aspects of our commodity sultation with the Republican leader, State had a 14-to-10 lead with just over programs. I don’t think it will take a proceed to executive session no later 2 minutes left. The University of North huge amount of time to debate. than December 14 to consider Calendar Dakota actually had a fourth down I believe we have a good, sound farm No. 471, the nomination of Eugene with 50 seconds or so left at about the bill that is in the interests of all Amer- Scalia to be Solicitor for the Depart- 41-yard line. It didn’t look good. With icans—not just one area, not just one ment of Labor. I further ask consent 60 yards to the goal line, they passed group, but all of America. I believe that there be 3 hours of debate equally and went down to the 1-yard line. And some of the things we have done in divided in the usual form. I ask con- they drove it in. conservation, which is the cornerstone sent, following the use and yielding It was one of the most exciting fin- of this bill, are charting a new path for back of time, the Senate proceed to ishes I have ever seen. our farmers, a way where they can ac- vote on the confirmation of the nomi- As an alumnus of the University of tually receive income because they are nation and the President be imme- North Dakota, I wanted to congratu- being good stewards of the land. I be- diately notified of the Senate’s action. late the coach and the team and say lieve the new energy title will go a The PRESIDING OFFICER. Is there how proud we are of the division II long way to helping make the United objection? football champions. States more energy independent in the Mr. HARKIN. Was this cleared on We have been national champions in future. both sides? division I in hockey many times. We The new rural equity fund we have Mr. THOMAS. I am not certain of won our national championship in set up is going to help bring business, that. I only know this nomination has women’s basketball, and now in divi- provide the kind of venture capital we been waiting now for over 200 days. sion II football. The University of North Dakota need. The money we provide for Mr. HARKIN. I have to object if it Sioux had a wonderful day on Satur- broadband access to our small towns has not been cleared on both sides. day. I congratulate these young men and communities can be the highway Without that assurance, I have to ob- who made all of North Dakota proud. to the new technologies so businesses ject. can locate there. And I congratulate their coach. The PRESIDING OFFICER. The ob- As a graduate of the University of All in all, it is a good farm bill. Is ev- jection is heard. erything in it exactly as I would like North Dakota, I am enormously proud it? Probably not; I would probably f of what they have done. To recap, rare are the athletic pro- make some things different. But every- grams that can claim the extraor- thing of this nature represents com- UNANIMOUS-CONSENT REQUEST dinary success that the University of promise and consensus. It came out on Mr. HARKIN. That being the case, I North Dakota has had over the last a bipartisan vote. All titles except one ask unanimous consent all first-degree year: It has played national champion- were unanimously approved. It rep- amendments to the farm bill be filed ship games in hockey, women’s basket- resents a good compromise, a good con- no later than 3 o’clock tomorrow after- ball and, on just this Saturday, foot- sensus, a good balance between inter- noon. ball. ests. That is why we are here—to work The PRESIDING OFFICER. Is there As a graduate, I’m pleased to be able across party lines, to try to work to- objection? to announce here on the Senate floor gether, knowing I can’t have my way Mr. THOMAS. I object. I am afraid today that the University of North Da- all the time and you can’t have your there is not time for all amendments. I kota Fighting Sioux won that national way all the time, but together we work object. Division II championship football these things out. That is what we have Mr. HARKIN. Madam President, I game. And they did so in truly epic done in the farm bill. suggest the absence of a quorum. fashion, coming from behind in the I know we will not have votes today, The PRESIDING OFFICER (Ms. final seconds. but I hope tomorrow when we come in STABENOW). The clerk will call the roll. Their opponent, Grand Valley State we can proceed on amendments. I hope The legislative clerk proceeded to of Michigan, had taken a 14–10 lead we can have some time limits. I hope call the roll. with less than three minutes to play. the other side will agree. We tried to Mr. HARKIN. I ask unanimous con- After taking the ensuing kickoff, UND get an agreement earlier today to say sent that the order for the quorum call appeared to have stalled on their own that at some point tomorrow afternoon be rescinded. 41 yard line where it was fourth down all first-degree amendments would The PRESIDING OFFICER. Without and four yards to go. But receiver Luke have to be filed. That was objected to. objection, it is so ordered. Schleusner caught a short pass from We will revisit that tomorrow and per- quarterback Kelby Klosterman, slipped haps reach an agreement. With healthy f what appeared to initially be a sure debate and amendments tomorrow, and tackle, and ran 58 yards to within MORNING BUSINESS perhaps Wednesday, we should be able inches of the goal line. On the next to finish this bill sometime on Wednes- Mr. HARKIN. Madam President, I play, with just 29 seconds left, Jed day. I see no reason at all to carry it ask unanimous consent there now be a Perkerewicz darted across. It was an any further than that, and that is with period of morning business with Sen- electrifying conclusion that marks the meaningful debate on amendments. ators permitted to speak for up to 5 Sioux’s first national football cham- I encourage all Senators who have minutes each. pionship. amendments on the farm bill to please The PRESIDING OFFICER. Without As an alum, I have a special affection get them filed so we can look at how objection, it is so ordered. for the University and am enormously

VerDate 10-DEC-2001 02:10 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.037 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12769 proud of its distinguished and remark- current hate crimes legislation sending philosophies advanced by two distinguished able achievements in athletics, re- a signal that violence of any kind is American political theorists: Samuel Hun- search, and academics. unacceptable in our society. tington and James Burnham. Writing in The American Political Science Saturday’s dramatic football victory I would like to describe a terrible Review in 1957, Huntington defined conserv- fills the alumni, staff, students and crime that occurred in August 1990 in atism as that system of ideas employed to friends of the university with under- Burlington, VT. A gay man was bru- defend established institutions when they standable pride. And, importantly, our tally assaulted by two men. The assail- come under fundamental attack. As Hun- entire state of North Dakota shares the ants, Dominic P. Ladue, 28, and his tington himself put it: ‘‘When the founda- pride in this memorable triumph. brother Richard W. Ladue, 17, were tions of society are threatened, the conserv- And so I salute the school’s adminis- convicted in connection with the as- ative ideology reminds men of the necessity tration, athletic program, football of some institutions and the desirability of sault. Dominic LaDue was sentenced to the existing ones.’’ staff—led by coach Dale Lennon, and, 21⁄2 to six years in prison under And in his 1964 book, The Suicide of the most importantly, the young men of Vermont’s hate crime law. West, James Burnham described liberalism the University of North Dakota foot- I believe that government’s first duty as ‘‘the ideology of Western suicide’’—not ex- ball team. The hard work, the long is to defend its citizens, to defend them actly that liberalism caused that suicide; hours, and the pain have paid off. We against the harms that come out of more that it reconciled the West to its slow can all learn important lessons about hate. The Local Law Enforcement En- dissolution. Again, as Burnham himself put life from these champions—lessons it: ‘‘It is as if a man, struck with a mortal hancement Act of 2001 is now a symbol disease, were able to say and to believe, as about perseverance, about working to- that can become substance. I believe the flush of the fever spread over his face, gether and helping each other, about that by passing this legislation, we can ‘Ah, the glow of health returning’ . . . If being a good sport. change hearts and minds as well. Western civilization is wholly vanquished In fact, one of the images from the f . . . we or our children will be able to see game that’s brightest in my mind is that ending, by the light of the principles of how the members of the Sioux team ADDITIONAL STATEMENTS liberalism, not as a final defeat, but as the were repeatedly helping their oppo- transition to a new and higher order in nents up off the turf and patting them which mankind as a whole joins in a uni- THE ANTI-WESTERN IMPULSE versal civilization that has risen above the on the back in an encouraging way it ∑ Mr. KYL. Mr. President, John parochial distinctions, divisions, and dis- was an admirable display of sportsman- criminations of the past.’’ ship. O’Sullivan is one of the wisest men I If we put these two quotations together, These scholar-athletes play football know. Advisor to Margaret Thatcher, the function of contemporary conservatism because they love the game and, in the editor of National Review and author becomes clear: to defend the institutions of process, serve as role models for young- of political commentary here and Western civilization, in their distinct Amer- sters. In fact, they can serve as role abroad, O’Sullivan has been concerned ican form, against a series of fundamental for years about the future of Western assaults carried out in the name of lib- models for the adults of this world. eralism and either advocated or excused by And we can savor the feeling of hav- civilization in general and the United States in particular. people calling themselves liberals. ing national champions in our midst. To say that liberalism advances Western My congratulations to a truly superb In the December 17, 2001 issue of Na- suicide, of course, is to say something con- team. tional Review, he weaves together troversial—but something much less con- ideas of John Fonte of the Hudson In- troversial than when Burnham wrote forty f stitute, Samuel Huntington and James years ago. When Ivy League students from AMTRAK AMENDMENT ON DOD Burnham to elaborate on his theme mobs chanting ‘‘Hey, hey, ho, ho, Western APPROPRIATIONS that our civilization is under funda- Civ has got to go,’’ when their professors happily edit the classics of Western thought Mr. MCCAIN. Madam President, late mental assault from modern liberalism, what he calls an ‘‘anti-West- out of their curricula, and when the politi- Friday night the Senate agreed to an cians preside happily over a multicultural amendment to the Department of De- ern impulse’’ assaulting ‘‘the institu- rewriting of America’s history that denies or fense appropriations bill related to tions invented by classical and con- downplays its Western roots, no one can Amtrak. The amendment bars the use stitutional liberalism in its great cre- plausibly deny that an anti-Western impulse of Federal funds or revenues generated ative phase, not merely the free mar- is working itself out. by Amtrak for preparation by Amtrak ket, but also individual rights, free sci- This liberal revolution is an assault on the institutions invented by classical and con- of a liquidation plan, until Congress entific inquiry, free speech, the rule of law, majority rule, democratic ac- stitutional liberalism in its great creative has reauthorized Amtrak. This amend- phase—not merely the free market, but also ment does not, however, affect in any countability, and national sov- individual rights, free scientific inquiry, free way the obligation of the Amtrak Re- ereignty.’’ speech, the rule of law, majority rule, demo- form Council to prepare and submit to Skeptical? Then I challenge you to cratic accountability, and national sov- Congress a plan to restructure Amtrak. read what follows: ‘‘Safe for Democ- ereignty. It promises, of course, not to abol- Nor does it affect in any way the exist- racy, and a Nation—The idea of this ish these liberal institutions so much as to ing law with respect to Congressional country post-9/11.’’ It is the best state- ‘‘transcend’’ them or to give them ‘‘real substance’’ rather than mere formal expression. review of the restructuring plan, and ment I’ve seen of the challenges we face from what Fonte calls ‘‘trans-na- In reality, however, they are abolished, and the requirement, if a restructuring pro- replaced by different institutions derived posal is not approved, for Congres- tional progressivism.’’ from a different political philosophy. John sional consideration of a liquidation I ask that the commentary be print- Fonte of the Hudson Institute has mapped disapproval resolution. Given Amtrak’s ed in the RECORD. out the contours of this revolution in a se- dire financial situation, as identified The commentary follows. ries of important essays, and most impor- by the ARC, the GAO, and the DOT In- [From the National Review, Dec. 17, 2001] tantly in ‘‘Liberal Democracy vs. Transnational Progressivism.’’ What follows spector General, Congress must take SAFE FOR DEMOCRACY, AND A NATION—THE in the next few paragraphs borrows heavily IDEA OF THIS COUNTRY POST-9/11 action early next session to provide for from his work, though the formulations are a restructured and rationalized pas- (By John O’Sullivan) mine. Among the more important changes senger rail system. One of the difficulties bedeviling political advanced by transnational proressivism (as I f science is the protean nature of political shall here follow Fonte in calling it) are: words. As Robert Schuettinger pointed out One: The replacement of individual identi- LOCAL LAW ENFORCEMENT ACT in his study of European conservatism, the ties and rights by group identities and OF 2001 phrase ‘‘a conservative socialist’’ could mean rights. Race and gender quotas are the most Mr. SMITH of Oregon. Madam Presi- a hardline Stalinist, a social-democratic re- obvious expression of this concept, but its dent, I rise today to speak about hate visionist, or merely a socialist who dressed implications run much furthher—suggesting, and acted in a modest, inconspicuous way. for instance, that groups as such have opin- crimes legislation I introduced with When words like ‘‘conservative’’ and ‘‘lib- ions or, in the jargon, ‘‘perspectives.’’ Indi- Senator KENNEDY in March of this eral’’ are being used, context is all. So the viduals who express opinions that run year. The Local Law Enforcement Act theme of this article is advertised in neon counter to the perspectives of their group, of 2001 would add new categories to when I begin with the definitions of these therefore, cannot really represent the group.

VerDate 10-DEC-2001 00:55 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.008 pfrm01 PsN: S10PT1 S12770 CONGRESSIONAL RECORD — SENATE December 10, 2001 Two: An attack upon majority rule as the and scattered among bodies at different lev- multicultural extremisms that helped shel- main mechanism of democratic government. els. Politicians no longer have to take re- ter the World Trade Center attackers. For, Majority rule, its opponents contend, gives sponsibility for hard decisions; they can pass as Americans above all should know, you insufficient weight to minority or ‘‘victim’’ them onto higher organs of unaccountable can’t beat something with nothing. groups, and should be replaced by a power- power. Civic patriotism is no longer the This, then, is a moment of great signifi- sharing arrangement among different prime civic virtue; it is displaced either cance and opportunity in American politics. groups. This ambitious concept has not been downwards, by a narrow ethnic loyalty, or Democracy and the nation-state are the Sia- totally enacted anywhere, but steps towards upwards, by a cosmopolitan loyalty to inter- mese twins of political theory; democracy it have been taken. The Voting Rights Act, national institutions. rarely survives apart from its twin. Every for example, requires that election districts But a terrible beauty has not been born. attempt to create a multicultural democracy be drawn in such a way as to ensure specific Instead, Leviathan, by dividing itself up into either has failed or is deeply troubled. Bush racial outcomes; and some European nations several spheres, has slipped free of constitu- could very reasonably weave a national ap- have recently introduced laws requiring po- tional restraints and popular control. For peal around the theme of defending Amer- litical parties to ensure that a given percent- the ordinary voter the world has become a ican democracy—with equal emphasis on age of their election candidates are women. mysterious place, far more difficult to navi- both words. It would resonate strongly with Three: Transferring power from political gate, let alone control. For political elites, it the American majority; command the sup- institutions directly accountable to the vot- has become a market in power in which bu- port of many voters in minority groups; pro- ers, such as Congress, to judges, bureaucratic reaucrats, pressure groups, businesses, and vide the GOP with a raft of popular domestic agencies, and international organizations international lawyers exchange favors be- policies; and attract Democratic constitu- outside the control of the voters. Originally, hind a veil of post-national irresponsibility. encies such as patriotic blue-collar workers. this transfer of power required the consent of For years, this progressivist revolution and if such an appeal is not make, the pro- proceeded rapidly, chiefly because the public the elected bodies; increasingly, however, gressivist revolution is going to end up win- was paying little or no attention to it. But judges interpret international law, including ning.∑ treaties that have not been ratified or that whenever it emerged into the light of con- have been greatly expanded in scope since troversy—as when Lani Buiner’s nomination f led to the revelation that law professors be- ratification, as overriding domestic law. IN MEMORY OF JAMES CLOEREN This process, still in its nervous infancy in lieved in something like John C. Calhoun’s the U.S., is far advanced in the European ‘‘concurrent majorities’’—the public reacted AND JERRY NORTON. Union—where the courts have overruled na- violently against it. The typical lack of pub- ∑ Mr. SARBANES. Mr. President, on tional legislatures on issues as different as lic interest was due in part to the GOP’s October 30, the State of Maryland, our territorial fishing rights and the right of sol- nervous reluctance to raise such issues as ra- Nation, their families and the Johns cial preferences, bilingual education, or even diers to become pregnant. If allowed to con- Hopkins Applied Physics Laboratory tinue, this trend must first erode and even- the International Criminal Court. Although tually render obsolete both national sov- conservatism dictated a principled defense of lost James Cloeren and Jerry Norton in ereignty and self-government. the Constitution against these attacks, the a tragic accident. They died while fly- Four: De-constructing and re-constructing Republicans backed off. In effect, they went ing their experimental aircraft near the self-understanding of America. Every na- from ignoring such assaults under Reagan, Westminster, MD. tion has a sense of itself and its history that to going along with them quietly under James Cloeren and Jerry Norton is embedded in a national narrative marked George H. W. Bush; to even embracing some were engineers and world renowned ex- by heroic episodes. In this traditional nar- of them with a show of enthusiasm under perts on ultra-stable oscillators used in rative, America is the progressive George W. Bush. If the revolution were to be universalization of English civilization— stopped, the political equivalent of a thun- satellites for navigation. They spent Magna Carta expanded to accommodate derbolt would be required. their careers advancing the technical slaves, and later immigrants, and enriched To everyone’s horror, that thunderbolt was development of our national space pro- by the cultures they brought with them. It is delivered, in the form of the attack on Sep- gram, both defense and civilian. They therefore a branch of a branch of Western tember 11; as everyone agrees, that changed built custom oscillators for the Na- civilization; but multiculturalism seeks to everything. In particular it revealed that tional Aeronautics and Space Adminis- undermine this self-understanding and to re- America had deep reserves of patriotism and tration, the Jet Propulsion Laboratory that there was a wide, though not universal, place it with an entirely different narrative, and the European Space Agency. Oscil- in which America is seen as a ‘‘convergence’’ desire for national unity. In one terrifying of European, African, and Amerindian civili- moment, it created or revived constituencies lators are precision instruments, simi- zations (and therefore the natural basis for a for a firm assimilationist approach, for lar to a clock that would lose no more political system based on group identities tighter immigration policies that protected than a second in a million years. and rights). This re-constructionist impulse U.S. security, for a reading of American his- Clocks on data-collecting satellites has become the orthodoxy in many public tory as the narrative of a great achievement, must be precise and endure radical schools. and for the celebration of U.S. power against changes in temperatures and shifts in Five: Re-constructing the people by mass all the recently fashionable follies of post- magnetic pull. The Jet Propulsion Lab immigration from other cultures. As long as nationalism. In foreign policy, the Bush ad- new immigrants are assimilated into the ex- ministration met this public appetite with a described their instruments as ‘‘the isting nation, no problem arises; if assimila- clear declaration of war on terrorism, and a finest in the solar system in terms of tion fails to occur, the nation is gradually clear military strategy for waging it; it has the cleanliness and stability of their dissolved into a Babel of different cultural been rewarded for this with high popular output’’. At the time of their deaths groups with conflicting allegiances. Under support. they were working to complete four os- existing law, however, assimilation is not In domestic policy, however, it has been cillators that are the heart and soul of only made difficult by the sheer numbers of largely inert—preferring to constrain lib- a pair of NASA satellites. Using ultra people arriving, it is also discouraged by offi- erties internally rather than to strengthen stable oscillators, the satellite will cial policies of multiculturalism and bilin- protections against external threats. In the gualism. less tangible but vitally important matter of measure small gravitational perturba- Six: Divorcing citizenship from nationality national unity and moral, it has con- tions that reflect climate changes. The and bestowing the rights of citizens—includ- centrated entirely on (very proper) warnings satellite program is called GRACE. ing the right to vote—on all residents in the against anti-Muslim sentiment—but without Their colleagues at APL are working nation, including illegal immigrants. Ac- asking for expressions of loyalty from Mus- hard to finish Mr. Cloeren’s and Mr. cording to this theory, citizenship should be lim leaders or, more generally, asking immi- Norton’s work. NASA has directed APL carried on an immigrant’s back to whichever grant communities to make a public com- to affix the names of Jim and Jerry nation he manages to sneak into. If seriously mitment of their loyalty to the American upon the oscillators in recognition of implemented in law, it would transform na- nation. That is a profound mistake. Most im- tions into mere places of residence; the sym- migrants would be happy to make such a their pioneering work in space. What a bol of this kind of citizenship is Mohamed commitment; it is America’s cultural elites fitting monument that these two sat- Atta, the hijacker who destroyed the World who would resist it most strongly. ellites will carry the names of these Trade Center. But then, they are the shock troops of two colleagues who were united in In the post-national world Fonte described, post-national progressivism; and they would work, friendship and death. nations are no longer peoples united by a realize that the demand for loyalty would be Mr. Cloeren had worked at APL for 20 common history and culture, and ‘‘the mys- an unmistakable sign that America had re- years and Mr. Norton for 40 years. tic chords of memory’’; they are simply the covered complete confidence in itself, in its varied inhabitants of an arbitrary piece of own institutions of constitutional democ- Our thoughts and prayers go out to real estate. Political authority is no longer racy, and in its historical mission. Without Jim’s wife Sally of Westminster, MD constitutionally limited and located in par- such a demand, moreover, many decent mod- and daughter Cathy Racow of Boca ticular national institutions; it is diffuse, erate people might drift idly into the kind of Raton, FL and Jerry’s wife Ann and

VerDate 10-DEC-2001 02:10 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.011 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12771 daughters Maria Lawall, Jane, Tina fight song, loud and clear from the No. 71, Dave Butler. and 4 grandchildren of Marriottsville, steps of the United States Capitol this No. 72, Ben Murphy. MD.∑ week. No. 73, Chris Kuper. No. 74, Mike Crouse. f While the two final plays in the game No. 75, Brian Dokken. put us over the top, everyone knows TRIBUTE TO UND’S FIGHTING No. 76, Ben Olson. that at UND, it’s teamwork that mat- SIOUX, NCAA DIVISION II FOOT- No. 77, Barry Smith. ters. Every member of this team con- No. 78, Matt Buisker. BALL CHAMPIONS tributed to the victory. I would ask to No. 78, Mike Bryant. ∑ Mr. CONRAD. Mr. President, I rise have printed in the RECORD the full No. 79, Mike Wacek. today to note the accomplishment of roster of this championship team, and No. 80, John Kyvig. the University of North Dakota foot- No. 81, Dan Graf. their first-rate coaching staff. They No. 82, Justin Klabo. ball team, who on Saturday won the have made us very proud. No. 84, Jesse Ahlers. NCAA Division II football champion- The roster follows: No. 85, Erik Ahlstrom. ship, defeating Grand Valley State Uni- UNIVERSITY OF NORTH DAKOTA FIGHTING UND FIGHTING SIOUX COACHES AND 2001 STAFF versity of Michigan. SIOUX TEAM ROSTER Dale Lennon, Head Coach. It was a nail-biter, and one of the No. 1, Thayne Bosh. Kyle Schweigert, Assistant Head Coach/De- most remarkable, last-minute come- No. 2, Jesse Smith. fensive Coordinator. backs in the history of championship No. 3, Dustin Thornburg. Chris Mussman, Offensive Coordinator. football. No. 4, Jamel Alkins. Tom Dosch, Defensive Line/OLB. UND’s spectacular defense held the No. 5, Adam Roland. Tim Tibesar, Inside Linebackers. Grand Valley State team to 14 points, No. 6, Shad Carney. Curt Sienkiewicz, Running Backs. but with less than three minutes to No. 7, Jeff Glas. Tim Belmore, Wide Receivers. No. 8, Caleb Johnson. Cooper Harris, Graduate Assistant. play, and 80 yards to go, we were trail- No. 9, Kelby Klosterman. Greg Lotysz, Graduate Assistant. ing 14–10. A field goal wouldn’t do it. No. 11, Cameron Peterka. Mike Mannausau, Graduate Assistant. We had to drive the length of the field No. 11, Jamaal Franklin. Jon Young, Graduate Assistant. and score a touchdown. It looked as No. 12, John Bowenkamp. Steve Westereng, Head Football Athletic though the championship would slip No. 13, Joe Wilson. Trainer. from our grasp. No. 14, Evan Nelson. Paul Chapman, Director of Strength and Moving the ball out to their 41-yard No. 15, Brian Loe. Conditioning. No. 16, Josh Ranson. Dan Benson, Director of Media Relations. line, UND faced a crucial fourth-down No. 17, Bret Bentow. Lon Carlson, Football Equipment Manager. play, needing four yards to keep the No. 18, Jim Miller. Cindy Klug, Office Secretary.∑ drive alive. Quarterback Kelby No. 19, Tom Maus. f Klosterman linked up with wide re- No. 20, Ryan Manke. ceiver Luke Schleusner on an incred- No. 21, Peyton Ross. MESSAGE FROM THE PRESIDENT ible 58-yard pass play, landing us on No. 22, Cory Urban. A message from the President of the the one-yard line. Running back Jed No. 23, Tony Hermes. United States was communicated to Perkerewicz took the ball the final No. 24, Willis Stattelman. the Senate by Ms. Evans, one of his No. 25, Craig Riendeau. yard in the last 29 seconds to win the No. 25, Demetrius Charles. secretaries. game and the championship for Grand No. 26, Adam Stratton. f Forks and North Dakota. It was the No. 27, Josh Copple. EXECUTIVE MESSAGE REFERRED first national football title in the No. 29, Tom Miller. school’s 105-year history. No. 30, Gregg Olson. As in executive session the Presiding These were well-matched teams and No. 32, Jamaal Griffin. Officer laid before the Senate a mes- worthy opponents. Yardage and time of No. 33, Adam Dehnicke. sage from the President of the United No. 33, Danny Gagner. States submitting a nomination which possession were very close, almost No. 34, Riza Mahmoud. identical. UND’s 80-yard final drive No. 35, Matt Nelson. was referred to the Committee on the made the difference. Imagine the pres- No. 36, Chris Beatty. Judiciary. sure. No. 36, Travis O’Neel. (The nomination received today is Only minutes left on the clock, a na- No. 37, Jed Perkerewicz. printed at the end of the Senate pro- tional championship at stake, and No. 37, Matt Hillbrand. ceedings.) No. 38, Josh Brandsted. nearly the whole field left to drive. It’s f a measure of this team’s grit and deter- No. 38, Mike O’Neil. No. 39, Brian Wilhelmi. MEASURES PLACED ON THE mination that the final drive was No. 40, Digger Anderson. CALENDAR marked by two fourth-down conver- No. 40, Eric Schmidt. sions. Converting on a fourth down is No. 42, Ross Brennan. The following bills were read the sec- do or die, fail, and it’s all over. UND No. 43, Matt Vanderpan. ond time, and placed on the calendar: did it not once, but twice. That’s a No. 44, Tyler Dahlen. S. 1786. A bill to expand aviation capacity demonstration of real character. No. 45, Chad Mustard. in the Chicago area. All of North Dakota is celebrating No. 46, Jason Gravos. S. 1789. A bill to amend the Federal Food, No. 47, David Wisthoff. this tremendous win, but this is an es- Drug, and Cosmetic Act to improve the safe- No. 48, Josh Kotelnicki. ty and efficacy of pharmaceuticals for chil- pecially sweet victory for the people of No. 49, Blaise Larson. dren. Grand Forks. They know about come- No. 50, Mac Schneider. f backs against long odds. After the No. 52, Andy Hendrickson. floods of 1997 all but destroyed the No. 53, Mike Mularoni. REPORTS OF COMMITTEES town, and badly damaged the univer- No. 54, Troy Newhouse. The following reports of committees sity, they came back. And Grand Forks No. 55, Tom Irvin. No. 56, Josh Christofferson. were submitted: is on its way to being bigger and better No. 57, Brook Maier. By Mr. JEFFORDS, from the Committee than ever. No. 58, Eric Halstenson. on Environment and Public Works, with an Grand Forks is a comeback town, and No. 59, Jake Nordick. amendment in the nature of a substitute: North Dakota is a comeback team. I No. 60, Ross Walker. S. 1593: A bill to authorize the Adminis- could not be more proud of these fine No. 61, Dan Schill. trator of the Environmental Protection young athletes and their coaches. No. 62, Josh Cranston. Agency to establish a grant program to sup- And I look forward to the conclusion No. 63, Ryan Grant. port research projects on critical infrastruc- No. 64, Brennan Marsh. ture protection for water supply systems, of a little bet that Senator DORGAN and No. 65, Stephen Larsen. and for other purposes. (Rept. No. 107–118). I made last Friday with our dear col- No. 66, Mike Gruchalla. S. 1608: A bill to establish a program to leagues from Michigan, Senators LEVIN No. 67, Jason Peterson. provide grants to drinking water and waste- and STABENOW. I look forward to hear- No. 68, Matt Knutson. water facilities to meet immediate security ing them recite the words of the UND No. 70, Brian Osterday. needs. (Rept. No. 107–119).

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.001 pfrm01 PsN: S10PT1 S12772 CONGRESSIONAL RECORD — SENATE December 10, 2001 By Mr. JEFFORDS, from the Committee as cosponsors of S. 1209, a bill to amend sor of S. 1717, a bill to provide for a on Environment and Public Works, without the Trade Act of 1974 to consolidate payroll tax holiday. amendment: and improve the trade adjustment as- S. 1745 S. 1622: A bill to extend the period of avail- sistance programs, to provide commu- At the request of Mrs. LINCOLN, the ability of unemployment assistance under the Robert T. Stafford Disaster Relief and nity-based economic development as- name of the Senator from Florida (Mr. Emergency Assistance Act in the case of vic- sistance for trade-affected commu- NELSON) was added as a cosponsor of S. tims of the terrorist attacks of September nities, and for other purposes. 1745, a bill to delay until at least Janu- 11, 2001. (Rept. No. 107–120). S. 1262 ary 1, 2003, any changes in medicaid S. 1637: A bill to waive certain limitations At the request of Mr. ROCKEFELLER, regulations that modify the medicaid in the case of use of the emergency fund au- the name of the Senator from Michigan upper payment limit for non-State thorized by section 125 of title 23, United (Ms. STABENOW) was added as a cospon- Government-owned or operated hos- States Code, to pay the costs of projects in pitals. response to the attack on the World Trade sor of S. 1262, a bill to make improve- Center in New York City that occurred on ments in mathematics and science edu- f September 11, 2001. (Rept. No. 107–121). cation, and for other purposes. STATEMENTS ON INTRODUCED f S. 1456 BILLS AND JOINT RESOLUTIONS INTRODUCTION OF BILLS AND At the request of Mr. BENNETT, the By Mr. DOMENICI: JOINT RESOLUTIONS name of the Senator from Virginia (Mr. S. 1791. A bill to amend the Internal WARNER) was added as a cosponsor of S. The following bills and joint resolu- Revenue Code of 1986 to provide for eco- 1456, a bill to facilitate the security of nomic security and recovery, and for tions were introduced, read the first the critical infrastructure of the and second times by unanimous con- other purposes; to the Committee on fi- United States, to encourage the secure nance. sent, and referred as indicated: disclosure and protected exchange of Mr. DOMENICI. Madam President, By Mr. DOMENICI: critical infrastructure information, to the economy remains weak and the un- S. 1791. A bill to amend the Internal Rev- enhance the analysis, prevention, and employment rate released last Friday enue Code of 1986 to provide for economic se- detection of attacks on critical infra- curity and recovery, and for other purposes; for the month of November topped 5.7 to the Committee on Finance. structure, to enhance the recovery percent. This is the highest level in By Mr. BAYH (for himself, Mr. MCCAIN, from such attacks, and for other pur- over 6 years, and many economists ex- Mr. CLELAND, and Mr. LIEBERMAN): poses. pect it to exceed 6 percent in the com- S. 1792. A bill to further facilitate service S. 1499 ing months. for the United States, and for other purposes; At the request of Mr. KERRY, the Recently the economy officially was to the Committee on Health, Education, names of the Senator from Louisiana put in the category of ‘‘recession’’ be- Labor, and Pensions. ginning last March by the National Bu- By Ms. COLLINS (for herself, Mr. (Mr. BREAUX) and the Senator from Utah (Mr. HATCH) were added as co- reau of Economic Research. REED, Mr. GREGG, Mr. DEWINE, Mr. The economy measured by its gross CONRAD, Mr. WARNER, Mr. SESSIONS, sponsors of S. 1499, a bill to provide as- national product, declined at a 1.1 per- Mr. JEFFORDS, Mr. LIEBERMAN, Mr. sistance to small business concerns ad- cent rate in the third quarter of this HUTCHINSON, Mr. ENZI, Mr. versely impacted by the terrorist at- WELLSTONE, and Mr. DAYTON): tacks perpetrated against the United year. Corporate profits are down nearly 22 S. 1793. A bill to provide the Secretary of States on September 11, 2001, and for percent compared to last year, and con- Education with specific waiver authority to other purposes. respond to conditions in the national emer- sumer confidence is down 51 points in gency declared by the President on Sep- S. 1619 three months, the steepest drop since tember 14, 2001; to the Committee on Health, At the request of Mr. ROCKEFELLER, 1980. Education, Labor, and Pensions. the name of the Senator from New Jer- While there are a couple of ‘‘not so By Mr. CLELAND: sey (Mr. TORRICELLI) was added as a co- bad’’ economic factors out there, low S. 1794. A bill to amend title 49, United sponsor of S. 1619, a bill to amend title consumer prices, low interest rates, States Code, to prohibit the unauthorized XVIII of the Social Security Act to circumvention of airport security systems low oil prices for consumers, and and procedures; to the Committee on Com- provide for coverage of substitute adult record high auto sales, these all could merce, Science, and Transportation. day care services under the medicare be temporary phenomena related to a program. f broader weak economy and low con- S. 1663 sumer demand. SUBMISSION OF CONCURRENT AND At the request of Mrs. CLINTON, the For all these reasons, I believe Con- SENATE RESOLUTIONS name of the Senator from North Da- gress needs to act on a stimulus bill be- The following concurrent resolutions kota (Mr. CONRAD) was added as a co- fore it adjourns this first session of the and Senate resolutions were read, and sponsor of S. 1663, a bill to amend title 107th congress. referred (or acted upon), as indicated: 4, United States Code, to add National The American public deserves action By Mrs. FEINSTEIN (for herself, Mr. Korean War Veterans Armistice Day to on a stimulus bill and we need to act HAGEL, and Mrs. BOXER): the list of days on which the flag quickly. Too much time has passed and S. Con. Res. 90. A concurrent resolution ex- should especially be displayed. we cannot let politics as usual keep us pressing the sense of the Congress regarding S. 1707 from putting together a bill that can the efforts of people of the United States of achieve wide bipartisan support quick- Korean ancestry to reunite with their family At the request of Mr. JEFFORDS, the names of the Senator from Iowa (Mr. ly. members in North Korea; to the Committee I have come to the conclusion that GRASSLEY) and the Senator from Mary- on Foreign Relations. we should adopt a bill that is not con- By Mr. HELMS (for himself, Mr. land (Mr. SARBANES) were added as co- troversial, politically speaking, and LUGAR, Mr. KERRY, and Mr. HAGEL): sponsors of S. 1707, a bill to amend title that can actually do some good for the S. Con. Res. 91. A concurrent resolution ex- XVIII of the Social Security Act to American economy in a short time pe- pressing deep gratitude to the government specify the update for payments under and the people of the Philippines for their riod. the medicare physician fee schedule for sympathy and support since September 11, I therefore am introducing today a 2001, and for other purposes; considered and 2002 and to direct the Medicare Pay- bill that does three very simple things agreed to. ment Advisory Commission to conduct that I think we can all agree on: f a study on replacing the use of the sus- First, a one-month payroll tax holi- tainable growth rate as a factor in de- day, that will provide relief from the ADDITIONAL COSPONSORS termining such update in subsequent regressive payroll tax. It would elimi- S. 1209 years. nate the need for both employers and At the request of Mr. BINGAMAN, the S. 1717 employees to pay the current 12.4 per- names of the Senator from Minnesota At the request of Mr. FRIST, the cent tax. (Mr. WELLSTONE) and the Senator from name of the Senator from Mississippi I have found wide bipartisan support Washington (Mrs. MURRAY) were added (Mr. COCHRAN) was added as a cospon- for this proposal. Unfortunately it is

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.013 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12773 probably too late now to implement it provided, whenever in this Act an amend- ‘‘(I) without regard to paragraph (7) of sub- successfully in the month of December ment or repeal is expressed in terms of an section (g) (relating to election to have sys- but I still believe it can be enacted in amendment to, or repeal of, a section or tem apply), and time to provide real relief in the first other provision, the reference shall be con- ‘‘(II) after application of section 280F(b) sidered to be made to a section or other pro- (relating to listed property with limited month of 2002. vision of the Internal Revenue Code of 1986. business use). This proposal will provide nearly $40 (c) TABLE OF CONTENTS.— ‘‘(ii) ELECTION OUT.—If a taxpayer makes billion in immediate, temporary tax re- Sec. 1. Short title; etc. an election under this clause with respect to lief to working Americans and busi- any class of property for any taxable year, nesses, and to State and local govern- TITLE I—BUSINESS PROVISIONS this subsection shall not apply to all prop- ments that must pay the tax also. Sec. 101. Special depreciation allowance for erty in such class placed in service during Second, expand the safety net for certain property acquired after such taxable year. working Americans by extending un- September 10, 2001, and before ‘‘(iii) REPAIRED OR RECONSTRUCTED PROP- September 11, 2004. ERTY.—Except as otherwise provided in regu- employment insurance for 13 weeks, TITLE II—PAYROLL TAX HOLIDAY lations, the term ‘qualified property’ shall and providing nearly 300,000 part time not include any repaired or reconstructed Sec. 201. Payroll tax holiday. workers eligibility for unemployment property. insurance benefits and adjusting the TITLE III—TEMPORARY EMERGENCY ‘‘(iv) QUALIFIED LEASEHOLD IMPROVEMENT ‘‘base period’’ for determining eligi- UNEMPLOYMENT COMPENSATION PROPERTY.—The term ‘qualified property’ bility. These latter two changes were Sec. 301. Federal-State agreements. shall not include any qualified leasehold im- recommended by a blue ribbon commis- Sec. 302. Temporary emergency unemploy- provement property (as defined in section 168(e)(6)). sion charged with making rec- ment compensation account. Sec. 303. Payments to States having agree- ‘‘(C) SPECIAL RULES RELATING TO ORIGINAL ommendations for reforming the UI ments for the payment of tem- USE.— program. porary emergency unemploy- ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the In total the changes I am recom- ment compensation. case of a taxpayer manufacturing, con- mending would increase the cost of the Sec. 304. Financing provisions. structing, or producing property for the tax- program by about $9 billion this year, Sec. 305. Fraud and overpayments. payer’s own use, the requirements of clause and only $12 billion over the next dec- Sec. 306. Definitions. (iii) of subparagraph (A) shall be treated as ade. Sec. 307. Applicability. met if the taxpayer begins manufacturing, constructing, or producing the property after Finally, the bill I am proposing today TITLE I—BUSINESS PROVISIONS September 10, 2001, and before September 11, would provide for an enhancement of SEC. 101. SPECIAL DEPRECIATION ALLOWANCE 2004. expensing for capital purchases, a 20 FOR CERTAIN PROPERTY ACQUIRED ‘‘(ii) SALE-LEASEBACKS.—For purposes of percent bonus for depreciation with a 3 AFTER SEPTEMBER 10, 2001, AND BE- subparagraph (A)(ii), if property— year sunset. The tax benefit to busi- FORE SEPTEMBER 11, 2004. ‘‘(I) is originally placed in service after (a) IN GENERAL.—Section 168 (relating to September 10, 2001, by a person, and nesses for new capital purchases would accelerated cost recovery system) is amend- be nearly $26 billion this year, and $12 ‘‘(II) sold and leased back by such person ed by adding at the end the following new within 3 months after the date such property billion over the next decade. subsection: was originally placed in service, In total, these three provisions, pack- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN such property shall be treated as originally aged together to provide quick and af- PROPERTY ACQUIRED AFTER SEPTEMBER 10, placed in service not earlier than the date on 2001, AND BEFORE SEPTEMBER 11, 2004.— fordable economic stimulus, would not which such property is used under the lease- ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of exceed $73 billion this year and less back referred to in subclause (II). any qualified property— than $62 billion over the next decade. ‘‘(D) COORDINATION WITH SECTION 280F.—For Like so many on my side I wish we ‘‘(A) the depreciation deduction provided purposes of section 280F— by section 167(a) for the taxable year in could do more in the way of speeding ‘‘(i) AUTOMOBILES.—In the case of a pas- which such property is placed in service shall senger automobile (as defined in section up the marginal tax rate cuts we en- include an allowance equal to 20 percent of acted last spring, but it is clear that 280F(d)(5)) which is qualified property, the the adjusted basis of the qualified property, Secretary shall increase the limitation that can not pass the political test of and under section 280F(a)(1)(A)(i) by $4,600. other side. ‘‘(B) the adjusted basis of the qualified ‘‘(ii) LISTED PROPERTY.—The deduction al- Some on the other side want to have property shall be reduced by the amount of lowable under paragraph (1) shall be taken a major expansion of health care bene- such deduction before computing the amount into account in computing any recapture fits in any stimulus package, but it otherwise allowable as a depreciation deduc- amount under section 280F(b)(2).’’ should be clear now that that will not tion under this chapter for such taxable year (b) ALLOWANCE AGAINST ALTERNATIVE MIN- and any subsequent taxable year. pass the political test on this side of IMUM TAX.— ‘‘(2) QUALIFIED PROPERTY.—For purposes of the aisle. (1) IN GENERAL.—Section 56(a)(1)(A) (relat- this subsection— ing to depreciation adjustment for alter- For these reasons, I believe with time ‘‘(A) IN GENERAL.—The term ‘qualified native minimum tax) is amended by adding running short, this is the best possible property’ means property— at the end the following new clause: package that we can put together that ‘‘(i)(I) to which this section applies which ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN will win wide bipartisan support in the has a recovery period of 20 years or less or PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001, shortest amount of time and I encour- which is water utility property, or AND BEFORE SEPTEMBER 11, 2004.—The deduc- age those directly involved in the, ‘‘(II) which is computer software (as de- tion under section 168(k) shall be allowed.’’ what appears to be faltering negotia- fined in section 167(f)(1)(B)) for which a de- (2) CONFORMING AMENDMENT.—Clause (i) of duction is allowable under section 167(a) tions on a stimulus bill, to look at this section 56(a)(1)(A) is amended by striking without regard to this subsection, ‘‘clause (ii)’’ both places it appears and in- package as a solution to acting quick- ‘‘(ii) the original use of which commences serting ‘‘clauses (ii) and (iii)’’. ly. with the taxpayer after September 10, 2001, (c) EFFECTIVE DATE.—The amendments I submit the bill to the desk for refer- ‘‘(iii) which is— made by this section shall apply to property ral and I ask unanimous consent that ‘‘(I) acquired by the taxpayer after Sep- placed in service after September 10, 2001, in the bill and a table outlining the pro- tember 10, 2001, and before September 11, taxable years ending after such date. posal be printed in the RECORD. 2004, but only if no written binding contract TITLE II—PAYROLL TAX HOLIDAY for the acquisition was in effect before Sep- There being no objection, the mate- SEC. 201. PAYROLL TAX HOLIDAY. tember 11, 2001, or rial was ordered to be printed in the (a) IN GENERAL.—Notwithstanding any ‘‘(II) acquired by the taxpayer pursuant to RECORD, as follows: other provision of law, the rate of tax with a written binding contract which was en- respect to remuneration received during the S. 1791 tered into after September 10, 2001, and be- payroll tax holiday period shall be zero Be it enacted by the Senate and House of Rep- fore September 11, 2004, and under sections 1401(a), 3101(a), and 3111(a) of resentatives of the United States of America in ‘‘(iv) which is placed in service by the tax- the Internal Revenue Code of 1986 and for Congress assembled, payer before January 1, 2005. purposes of determining the applicable per- SECTION 1. SHORT TITLE; ETC. ‘‘(B) EXCEPTIONS.— centage under section 3201(a), 3211(a)(1), and (a) SHORT TITLE.—This Act may be cited as ‘‘(i) ALTERNATIVE DEPRECIATION PROP- 3221(a) of such Code. the ‘‘Economic Security and Recovery Act of ERTY.—The term ‘qualified property’ shall (b) PAYROLL TAX HOLIDAY PERIOD.—The 2001’’. not include any property to which the alter- term ‘‘payroll tax holiday period’’ means the (b) REFERENCES TO INTERNAL REVENUE native depreciation system under subsection period beginning after November 30, 2001, and CODE OF 1986.—Except as otherwise expressly (g) applies, determined— ending before January 1, 2002.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.018 pfrm01 PsN: S10PT1 S12774 CONGRESSIONAL RECORD — SENATE December 10, 2001

(c) EMPLOYER NOTIFICATION.—The Sec- (ii) the individual can show good cause for the aggregate amount of extended compensa- retary of the Treasury shall notify employ- seeking, or being available for, only part- tion (if any) received by such individual re- ers of the payroll tax holiday period in any time (and not full-time) work. lating to the same benefit year under the manner the Secretary deems appropriate. (c) COORDINATION RULES.— Federal-State Extended Unemployment (d) TRANSFER OF FUNDS.—The Secretary of (1) REGULAR COMPENSATION PAYABLE UNDER Compensation Act of 1970 (26 U.S.C. 3304 the Treasury shall transfer from the general A FEDERAL LAW.—The modifications de- note). revenues of the Federal Government an scribed in subsection (b)(2) shall also apply (3) WEEKLY BENEFIT AMOUNT.—For purposes amount sufficient so as to ensure that the in determining the amount of benefits pay- of this subsection, an individual’s weekly income and balances of the trust funds under able under any Federal law to the extent benefit amount for any week is the amount section 201 of the Social Security Act and that those benefits are determined by ref- of regular compensation (including depend- the Social Security Equivalent Benefit Ac- erence to regular compensation payable ents’ allowances) under the State law pay- count under section 15A of the Railroad Re- under the State law of the State involved. able to such individual for such week for tirement Act of 1974 (45 U.S.C. 231n–1) are not (2) TEUC TO SERVE AS SECOND-TIER BENE- total unemployment. reduced as a result of the application of sub- FITS.—Notwithstanding any other provision SEC. 303. PAYMENTS TO STATES HAVING AGREE- section (a). of law, extended benefits shall not be payable MENTS FOR THE PAYMENT OF TEM- (e) DETERMINATION OF BENEFITS.—In mak- to any individual for any week for which PORARY EMERGENCY UNEMPLOY- ing any determination of benefits under title temporary emergency unemployment com- MENT COMPENSATION. II of the Social Security Act, the Commis- pensation is payable to such individual. (a) GENERAL RULE.—There shall be paid to sioner of Social Security shall disregard the (d) EXHAUSTION OF BENEFITS.—For purposes each State which has entered into an agree- effect of the payroll tax holiday period on of subsection (b)(1)(B)(i), an individual shall ment under this title an amount equal to— any individual’s earnings record. be considered to have exhausted such indi- (1) 100 percent of any regular compensation TITLE III—TEMPORARY EMERGENCY vidual’s rights to regular compensation made payable to individuals by such State UNEMPLOYMENT BENEFITS under a State law when— by virtue of the modifications which are de- SEC. 301. FEDERAL-STATE AGREEMENTS. (1) no payments of regular compensation scribed in section 301(b)(2) and deemed to be (a) IN GENERAL.—Any State which desires can be made under such law because such in- in effect with respect to such State pursuant to do so may enter into and participate in an dividual has received all regular compensa- to section 301(b)(1)(A); agreement under this title with the Sec- tion available to such individual based on (2) 100 percent of any regular compensa- retary of Labor (in this title referred to as employment or wages during such individ- tion— the ‘‘Secretary’’). Any State which is a party ual’s base period; or (A) which is paid to individuals by such to an agreement under this title may, upon (2) such individual’s rights to such com- State by reason of the fact that its State law providing 30 days written notice to the Sec- pensation have been terminated by reason of contains provisions comparable to the modi- retary, terminate such agreement. the expiration of the benefit year with re- fications described in subparagraphs (A) and (b) PROVISIONS OF AGREEMENT.— spect to which such rights existed. (B) of section 301(b)(2); but only (1) IN GENERAL.—Any agreement under sub- (e) WEEKLY BENEFIT AMOUNT.—For pur- (B) to the extent that those amounts section (a) shall provide that the State agen- poses of any agreement under this title— would, if such amounts were instead payable cy of the State will make— (1) the amount of temporary emergency by virtue of the State law’s being deemed to (A) payments of regular compensation to unemployment compensation which shall be be so modified pursuant to section individuals in amounts and to the extent payable to an individual for any week of 301(b)(1)(A), have been reimbursable under that such payments would be determined if total unemployment shall be equal to the paragraph (1); and the State law were applied with the modi- amount of regular compensation (including (3) 100 percent of the temporary emergency fications described in paragraph (2); and dependents’ allowances) payable to such in- unemployment compensation paid to indi- (B) payments of temporary emergency un- dividual under the State law for a week for viduals by the State pursuant to such agree- employment compensation to individuals total unemployment during such individual’s ment. who— benefit year; (b) TREATMENT OF REIMBURSABLE COM- (i) have exhausted all rights to regular (2) the terms and conditions of the State PENSATION.—No payment shall be made to compensation under the State law; law which apply to claims for extended com- any State under this section in respect of (ii) do not, with respect to a week, have pensation and to the payment thereof shall any compensation to the extent the State is any rights to compensation (excluding ex- apply to claims for temporary emergency un- entitled to reimbursement in respect of such tended compensation) under the State law of employment compensation and the payment compensation under the provisions of any any other State (whether one that has en- thereof, except where inconsistent with the Federal law other than this title or chapter tered into an agreement under this title or provisions of this title or with the regula- 85 of title 5, United States Code. A State otherwise) nor compensation under any tions or operating instructions of the Sec- shall not be entitled to any reimbursement other Federal law (other than under the Fed- under such chapter 85 in respect of any com- retary promulgated to carry out this title; eral-State Extended Unemployment Com- pensation to the extent the State is entitled and pensation Act of 1970 (26 U.S.C. 3304 note)), to reimbursement under this title in respect (3) the maximum amount of temporary and are not paid or entitled to be paid any of such compensation. emergency unemployment compensation additional compensation under any Federal (c) DETERMINATION OF AMOUNT.—Sums or State law; and payable to any individual for whom a tem- under subsection (a) payable to any State by (iii) are not receiving compensation with porary emergency unemployment compensa- reason of such State having an agreement respect to such week under the unemploy- tion account is established under section 302 under this title shall be payable, either in ment compensation law of Canada. shall not exceed the amount established in advance or by way of reimbursement (as may such account for such individual. (2) MODIFICATIONS DESCRIBED.—The modi- be determined by the Secretary), in such (e) ELECTION BY STATES.—Notwithstanding fications described in this paragraph are as amounts as the Secretary estimates the any other provision of Federal law (and if follows: State will be entitled to receive under this State law permits), the Governor of a State (A) ALTERNATIVE BASE PERIOD.—An indi- title for each calendar month, reduced or in- is authorized and may elect to trigger off an vidual shall be eligible for regular compensa- creased, as the case may be, by any amount extended compensation period in order to tion if the individual would be so eligible, de- by which the Secretary finds that the Sec- provide payment of temporary emergency termined by applying— retary’s estimates for any prior calendar unemployment compensation to individuals (i) the base period that would otherwise month were greater or less than the amounts who have exhausted their rights to regular apply under the State law if this title had which should have been paid to the State. compensation under State law. not been enacted; or Such estimates may be made on the basis of SEC. 302. TEMPORARY EMERGENCY UNEMPLOY- (ii) a base period ending at the close of the such statistical, sampling, or other method MENT COMPENSATION ACCOUNT. as may be agreed upon by the Secretary and calendar quarter most recently completed (a) IN GENERAL.—Any agreement under before the date of the individual’s applica- the State agency of the State involved. this title shall provide that the State will es- SEC. 304. FINANCING PROVISIONS. tion for benefits, provided that wage data for tablish, for each eligible individual who files that quarter has been reported to the State; (a) IN GENERAL.—There are appropriated an application for temporary emergency un- such funds as are necessary to make pay- whichever results in the greater amount. employment compensation, a temporary ments to States having agreements entered (B) PART-TIME EMPLOYMENT.—An indi- emergency unemployment compensation ac- into under this title. vidual shall not be denied regular compensa- count with respect to such individual’s ben- (b) CERTIFICATION.—The Secretary shall tion under the State law’s provisions relat- efit year. from time to time certify to the Secretary of ing to availability for work, active search for (b) AMOUNT IN ACCOUNT.— the Treasury for payment to each State the work, or refusal to accept work, solely by (1) IN GENERAL.—The amount established in sums payable to such State under this title. virtue of the fact that such individual is an account under subsection (a) shall be The Secretary of the Treasury, prior to audit seeking, or is available for, only part-time equal to 13 times the individual’s average or settlement by the General Accounting Of- (and not full-time) work, if— weekly benefit amount for the benefit year. fice, shall make payments to the State in ac- (i) the individual’s employment on which (2) REDUCTION FOR EXTENDED BENEFITS.— cordance with such certification, by trans- eligibility for the regular compensation is The amount in an account under paragraph fers from the extended unemployment com- based was part-time employment; or (1) shall be reduced (but not below zero) by pensation account (as so established) to the

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.020 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12775 account of such State in the Unemployment review in the same manner and to the same State entered into an agreement under sub- Trust Fund (as so established). extent as determinations under the State un- section (a)(1) was denied regular compensa- (c) ASSISTANCE TO STATES.—There are ap- employment compensation law, and only in tion under the State law’s provisions relat- propriated, without fiscal year limitation, that manner and to that extent. ing to availability for work, active search for such funds as may be necessary for purposes SEC. 306. DEFINITIONS. work, or refusal to accept work, solely by of assisting States (as provided in title III of In this title: virtue of the fact that such individual is the Social Security Act (42 U.S.C. 501 et seq.) (1) IN GENERAL.—The terms ‘‘compensa- seeking, or available for, only part-time (and in meeting the costs of administration of tion’’, ‘‘regular compensation’’, ‘‘extended not full-time) work, such individual— agreements under this title. compensation’’, ‘‘additional compensation’’, (i) may refile a claim for regular com- (d) APPROPRIATIONS FOR CERTAIN PAY- ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, pensation based on the modification de- MENTS.—There are appropriated from the ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ scribed in section 301(b)(2)(B) (relating to general fund of the Treasury, without fiscal have the respective meanings given such part-time employment) on or after the date year limitation, such sums as the Secretary terms under section 205 of the Federal-State on which the State enters into the agree- estimates to be necessary to make the pay- Extended Unemployment Compensation Act ment under subsection (a)(1) and before the ments under this section in respect of— of 1970 (26 U.S.C. 3304 note), subject to para- date on which such agreement terminates; (1) compensation payable under chapter 85 graph (2). and of title 5, United States Code; and (2) STATE LAW AND REGULAR COMPENSA- (ii) if eligible, shall be entitled to such (2) compensation payable on the basis of TION.—In the case of a State entering into an compensation only for weeks of unemploy- services to which section 3309(a)(1) of the In- agreement under this title— ment described in subsection (a) beginning ternal Revenue Code of 1986 applies. (A) ‘‘State law’’ shall be considered to refer on or after the date on which the individual Amounts appropriated pursuant to the pre- to the State law of such State, applied in files such claim. ceding sentence shall not be required to be conformance with the modifications de- (3) NO RETROACTIVE PAYMENTS FOR WEEKS repaid. scribed in section 301(b)(2); and PRIOR TO AGREEMENT.—No amounts shall be SEC. 305. FRAUD AND OVERPAYMENTS. (B) ‘‘regular compensation’’ shall be con- payable to an individual under an agreement (a) IN GENERAL.—If an individual know- sidered to refer to such compensation, deter- entered into under this title for any week of ingly has made, or caused to be made by an- mined under its State law (applied in the unemployment prior to the week beginning other, a false statement or representation of manner described in subparagraph (A)); after the date on which such agreement is a material fact, or knowingly has failed, or except as otherwise provided or where the entered into. caused another to fail, to disclose a material context clearly indicates otherwise. fact, and as a result of such false statement SEC. 307. APPLICABILITY. DOMENICI STIMULUS BILL or representation or of such nondisclosure (a) IN GENERAL.—An agreement entered such individual has received an amount of into under this title shall apply to weeks of Cost in billions temporary emergency unemployment com- unemployment— pensation under this title to which he was (1) beginning no earlier than the first day 2002 2002–11 not entitled, such individual— of the first week after the date on which Relief for Low and Middle-Income Americans (1) shall be ineligible for further temporary such agreement is entered into; and Payroll Tax Holiday: Offer workers and employers a one- emergency unemployment compensation (2) ending before the date that is 12 months month holiday from federal payroll taxes while holding under this title in accordance with the provi- after the date of enactment of this Act. federal trust funds harmless...... $38 $38 sions of the applicable State unemployment (b) SPECIFIC RULES.— Expand the Safety Net for Working Americans compensation law relating to fraud in con- (1) IN GENERAL.—Under such an agreement, Extended and Expanded Unemployment Benefits: Provide nection with a claim for unemployment com- the following rules shall apply: additional 13 weeks of unemployment benefits to workers who exhaust their standard benefits after 9/ pensation; and (A) ALTERNATIVE BASE PERIODS.—The modi- 11, expand eligibility to part-time workers, apply al- (2) shall be subject to prosecution under fication described in section 301(b)(2)(A) (re- ternative base period...... 9 12 section 1001 of title 18, United States Code. lating to alternative base periods) shall not Stimulus for Encouraging Investment—Bonus (b) REPAYMENT.—In the case of individuals apply except in the case of initial claims Expensing: Enhance expensing of capital expenditures who have received amounts of temporary filed on or after the first day of the week with 20% bonus depreciation (3-year sunset)...... 26 12 emergency unemployment compensation that includes September 11, 2001. Total Stimulus and Assistance ...... 73 62 under this title to which they were not enti- (B) PART-TIME EMPLOYMENT.—The modi- tled, the State shall require such individuals fications described in section 301(b)(2)(B) (re- to repay the amounts of such emergency un- lating to part-time employment) shall apply By Mr. BAYH (for himself, Mr. employment compensation to the State to weeks of unemployment described in sub- MCCAIN, Mr. CLELAND, and Mr. agency, except that the State agency may section (a), regardless of the date on which LIEBERMAN): waive such repayment if it determines that— an individual’s initial claim for benefits is (1) the payment of such emergency unem- filed. S. 1792. A bill to further facilitate ployment compensation was without fault on (C) ELIGIBILITY FOR TEUC.—The payments service for the United States, and for the part of any such individual; and described in section 301(b)(1)(B) (relating to other purposes; to the Committee on (2) such repayment would be contrary to temporary emergency unemployment com- Health, Labor, and Pensions. equity and good conscience. pensation) shall not apply except in the case Mr. MCCAIN. Madam President, (c) RECOVERY BY STATE AGENCY.— of individuals exhausting their rights to reg- today, Senator BAYH and I are intro- (1) IN GENERAL.—The State agency may re- ular compensation (as described in clause (i) cover the amount to be repaid, or any part of such section) on or after the first day of ducing legislation, the Call to Service thereof, by deductions from any temporary the week that includes September 11, 2001. Act of 2001, that will expand opportuni- emergency unemployment compensation (2) REAPPLICATION PROCESS.— ties for Americans to serve our nation. payable to such individual under this title or (A) ALTERNATIVE BASE PERIODS.—In the Congressmen FORD of Tennessee and from any unemployment compensation pay- case of an individual who filed an initial Congressman OSBORNE of Nebraska are able to such individual under any Federal claim for regular compensation on or after offering companion legislation in the unemployment compensation law adminis- the first day of the week that includes Sep- House, and I want to thank them for tered by the State agency or under any other tember 11, 2001, and before the date that the their strong, bipartisan leadership in Federal law administered by the State agen- State entered into an agreement under sub- cy which provides for the payment of any as- section (a)(1) that was denied as a result of the face of America’s new challenge at sistance or allowance with respect to any the application of the base period that ap- home and overseas. week of unemployment, during the 3-year pe- plied under the State law prior to the date All of us welcome the support of riod after the date such individuals received on which the State entered into the such America’s Promise, Teach for America, the payment of the temporary emergency agreement, such individual— AmeriCorps Alums, City Year, the Na- unemployment compensation to which they (i) may refile a claim for regular com- tional Association of Service and Con- pensation based on the modification de- were not entitled, except that no single de- servation Corps, the Naval Reserve As- duction may exceed 50 percent of the weekly scribed in section 301(b)(2)(A) (relating to al- benefit amount from which such deduction is ternative base periods) on or after the date sociation, the Reserve Officers Associa- made. on which the State enters into such agree- tion, the American Legion, and many (2) OPPORTUNITY FOR HEARING.—No repayment and before the date on which such other groups dedicated to service to ment shall be required, and no deduction agreement terminates; and our nation. shall be made, until a determination has (ii) if eligible, shall be entitled to such Our legislation is not a Democratic been made, notice thereof and an oppor- compensation only for weeks of unemploy- or Republican initiative. Duty, honor, ment described in subsection (a) beginning tunity for a fair hearing has been given to and country are values that transcend the individual, and the determination has be- on or after the date on which the individual come final. files such claim. party or ideology. This is a uniquely (d) REVIEW.—Any determination by a State (B) PART-TIME EMPLOYMENT.—In the case of American moment in which a crisis be- agency under this section shall be subject to an individual who before the date that the comes an opportunity to harness our

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.020 pfrm01 PsN: S10PT1 S12776 CONGRESSIONAL RECORD — SENATE December 10, 2001 unity and channel is into what histo- We must also ask our Nation’s col- will find their lives transformed. They rian Stephen Ambrose describes as leges to step up to the plate and more will be able to glimpse the glory of ‘‘common-patriotism.’’ aggressively promote service. Cur- serving a cause greater than their self- In the aftermath of September 11, the rently, only a small fraction of college interest. They will come to know both American people have demonstrated, work-study funds are devoted to com- the obligations and rewards of active through their courage and generosity, munity service, far less than what Con- citizenship. Over the past few years, we that they are prepared to meet the gress originally intended when it have celebrated the achievements of challenge that confronts our Nation. passed the Higher Education Act of the Greatest Generation. Now a new Yet, our fellow citizens ask how they 1965. Our legislation requires univer- generation is confronted with a chal- can do more for their country. That is sities to being truly complying with lenge to defend our great nation. Let why we should act to provide more op- the intent of the act to promote stu- us seize the moment and provide Amer- portunities for public service. dent involvement in community activi- icans with the opportunity to serve our Forty years ago, at the height of the ties. great nation. cold war, President John F. Kennedy We should also be concerned by the Mr. BAYH. Madam President, I rise issued his famous call for service, ‘‘Ask growing gap between our nation’s mili- today with my colleague Senator JOHN not what your country can do for you, tary and civilian cultures. While the MCCAIN to introduce the Call to Serv- but rather what you can do for your volunteer military has been successful, ice Act of 2001. I want to express my country.’’ His clarion challenge in- fewer Americans know first-hand the appreciation to Senator MCCAIN; with- spired millions of Americans to enter sacrifices and contributions of their out his leadership we would not be here into public service. President Kennedy fellow citizens who serve in uniform. today. I also want to extend my thanks created both the civilian Peace Corps There are also many civil defense to Congressman HAROLD FORD and Con- and the Green Berets as avenues to needs that must be met to defend our gressman TOM OSBORNE for their strong serve. Nation against terrorists attacks and Now, we are confronted with a new leadership in the House on this issue. having a shorter-term enlistment op- In addition, former President Clinton challenge. In this battle against terror, there tion will help provide the manpower to deserves our thanks and gratitude. He are both foreign and domestic fronts. defend the security of our Nation. An championed public service and The heroic sacrifices of the New York October 15 article in the Los Angeles AmeriCorps during his tenure. We build City firefighters and police have truly Times described ‘‘the sheer size of the upon his legacy today and acknowledge moved the public. Thousands of men task of protecting targets’’ within our with pride the important contribution and women in uniform are now in borders. And a recent Newsweek cover to America’s well-being he has made in harms way to defend our liberty and story, ‘‘Protecting America: What this area. freedom. Must Be Done,’’ cited a long list of po- We are introducing this legislation at The American people are also ready tential terrorist targets, including nu- a time of great challenge for our coun- to serve at home. Walk down any clear power plants, seaports, dams, try. But within this challenge lie the street and you will see a blizzard of chemical plants, airports, water sup- seeds of opportunity if we can seize the American flags. Over a billion dollars plies, and government buildings across moment, the seeds of opportunity for have been contributed to the victims of the United States. civic renewal across the United States the terrorist attacks. We should seize To bolster our preparedness against of America. this moment and issue a new call to terrorist attack, our legislation allows Everywhere I have gone since the service. There will be many tasks that Defense Department to create a tragedy of September 11, people of ahead, both new and old. On the home new short-term enlistment to encour- every age are asking, What can I do? front, there are new security and civil aging more young Americans to serve How can I help? So to those who are defense needs. The military will also in the military. This new 18–18–18-en- looking for a way to help to put some- require new recruits to confront the listment option would provide an thing back, we are here today to say challenges abroad and within our bor- $18,000 post-service award for 18- that the Call to Service Act will give ders. And, of course, there are many months of active duty and 18 months of you those opportunities. other ongoing service opportunities reserve duty. We expand the AmeriCorps program ranging from combating illiteracy to Our legislation also significantly im- fully fivefold, increasing the number of helping children and our elderly. proves the benefits of the Montgomery volunteers annually, from 50,000 to A major component of our legislation GI bill by doubling the annual edu- 250,000, so that every 4 years, 1 million would be to expand AmeriCorps. Since cation benefit from $7,800 to $15,600 and young people will have the opportunity it was created, more than 200,000 Amer- by encouraging service-members to to serve our country. Fifty percent of icans have served one-to-two year participate in the program through the the new volunteers will be focused on stints in AmeriCorps, tutoring chil- elimination of the current 10-year re- homeland defense to meet the many dren, building low-income housing or quirement from use of the GI Bill edu- issues that have come to light and need helping flood-ravaged communities. cational benefits. attention since the events of Sep- AmeriCorps achievements are impres- Our legislation also ensures max- tember 11. With this dramatic expan- sive: thousands of homes constructed; imum accessibility to colleges and high sion, we include strong accountability hundreds of thousands of seniors as- schools by military service recruiters. measures to ensure measurable, posi- sisted to live independently in their We close loopholes in current recruit- tive outcomes for the communities own homes; millions of children ing access statutes, especially where served by AmeriCorps. taught, tutored, and mentored. The colleges may be allowing access but The Call to Service Act significantly program receives broad bipartisan sup- not providing, in the spirit of the law, expands the serve study initiative. port, with 49 of the Nation’s 50 Gov- full access to recruiters in terms of Work-study in our colleges was origi- ernors signing a letter last year urging both information they require and rea- nally intended to get kids involved in Congress to support AmeriCorps. sonable physical presence. public service and community work, But for all its concrete achievements, Finally, our legislation establishes a but unfortunately, it has not lived up AmeriCorps has a fundamental flaw: In 9-member Commission on Military Re- to that initial promise. The require- its seven years of existence it has bare- cruitment and National Service to be ment today is that 7 percent of stu- ly stirred the Nation’s imagination. appointed by the Secretary of Defense dents involved in work-study have to Two out of every three Americans say and Secretary of State to examine such be involved in community service. We that they have never heard of the pro- things as ways to shrink the civilian- expand that more than threefold to 25 gram. We seek not only to expand the military gap and develop ways to bring percent, to get America’s best and program, but also make certain that it in a larger, broader pool of recruits. brightest giving back to the commu- has national objectives. We also charge As a country, we should strive to nity. This means that every year, ap- the program with the task of assem- make national service a rite of passage proximately 250,000 students will be bling a plan to assist the new needs in for young Americans. Not only will our contributing to their communities. Ex- the area of Homeland Defense. Nation benefit, but those whose serve panding the community service portion

VerDate 10-DEC-2001 02:10 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.022 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12777 of work-study has broad bipartisan will make it a Federal criminal offense those delays, since I spent some ‘‘qual- support. In May 2000, General Powell to intentionally circumvent an airport ity time’’ on the tarmac in Atlanta sent a letter to the Nation’s college security checkpoint. This morning I that day. But I want to stress that de- presidents to ‘‘work toward a goal of chaired the first Senate Commerce spite those delays, the system worked. dedicating a greater and greater por- Committee hearing on aviation secu- Hartsfield correctly followed the FAA tion of your Federal College Work rity since the landmark aviation secu- directive, put in place after September Study funds each year to community rity bill was signed into law earlier 11, that required airport lock-down service.’’ I ask unanimous consent that this fall. That historic piece of legisla- until airport security could be assured. this letter be printed in the RECORD. tion was enacted as a response to the However, the November incident re- There being no objection, the letter events of September 11, when terrorists vealed a glaring loophole in the sys- was ordered to be printed in the commandeered U.S. commercial jets tem, even after enactment of the new RECORD, as follows: filled with passengers and used them as airline security legislation. Currently, AMERICA’S PROMISE, weapons of mass destruction. an intentional security violation THE ALLIANCE FOR YOUTH, Those terrorist attacks have precip- aboard an aircraft is a Federal crime, Alexandria, VA, May 30, 2000. itated a sea-change in attitude on how but a willful breach of an airport secu- DEAR FRIEND: President Clinton has writ- we view our homeland security. There rity checkpoint is punishable only by ten you and I join him in enlisting your sup- is no such thing as ‘‘business as usual,’’ port in a very important endeavor—the well local criminal penalties and federal being of our Nation’s young people. especially at our airports across this civil penalties. Just as we have at last Three years ago at the Presidents’ Summit country. Immediately after the events stepped up to the plate to assure great- for America’s Future held in Philadelphia, of 9–11, the Federal Aviation Adminis- er uniformity and greater account- all the living Presidents of the United States tration and U.S. Department of Trans- ability through federalizing the airport and thousands of other national leaders portation took steps to tighten avia- security workforce, I believe it is the pledged to harness the power of volunteerism tion security across the country. U.S. in the service of our Nation’s most impor- responsibility of Congress to address tant resource, our youth. The organization I airlines and airports put in place addi- this shortcoming in our federal laws. chair, America’s Promise. The Alliance for tional security safeguards. And Con- Accordingly, I am introducing legisla- Youth, was born at the 1997 Presidents’ Sum- gress passed the most sweeping aviation, the Airport Checkpoint Enhance- mit, and it continues today mobilizing com- tion security bill in history. ment, or ACE, Act, to make willful vio- munities, individuals, organizations, and in- Under the new law, every commercial lations of airport security checkpoints stitutions to make five key promises to airport will now have a Federal secu- a federal crime. We should send a mes- every youngster: an ongoing relationship rity manager and the manager will sage loud and clear that airport busi- with a caring adult—parent, mentor, tutor or conduct an immediate assessment of coach; safe places and structured activities ness is serious business, that if you during non-school hours; a healthy start; a safety procedures at the busiest air- come to a U.S. airport for mischief or marketable skill through effective edu- ports in the country. We will have for folly, you will pay the con- cation; and an opportunity to give back strict and uniform national standards sequences. through community service. for the hiring and training and job per- My legislation addresses the all-im- Colleges and universities can play a crucial formance of the men and women who portant issue of aviation security role in this movement. Actually, many have are on the front lines of ensuring that which, as we have recently learned in already enlisted in our crusade by becoming our airports and airplanes are not only Colleges and Universities of Promise. With the most painful way possible, is a that pledge they make a commitment to the safest in the world, but are also the matter of national security. Specifi- keep the Five Promises to young people in most secure. Because of this legisla- cally, the ACE Act will amend the re- their communities. tion, every airport screener must now cently-passed Aviation and Transpor- One very substantial way you can con- be a U.S. citizen. He or she must pass tation Security Act to provide a fed- tribute is by using the Federal College Work a criminal background check, and they eral criminal penalty for individuals Study Program to enable hundreds of thou- must perform well in their job. If they sands of college students to serve in the com- who intentionally circumvent or munities where they study. By being tutors don’t, and this includes federal screen- breach an airport security checkpoint. or mentors, or by working with local schools ers, they can and will be fired imme- It was amazing to me to learn that in and youth-service organizations, college stu- diately. Cockpit doors will be fortified, Georgia, an individual who willfully dents can make a tangible difference in the the number of air marshals on air- violates the secure area of an airport is lives of young children. I can attest that planes will be significantly increased, only subject to a misdemeanor which there are thousands more nonprofit organi- and international flights must provide means a maximum penalty involving a zations and community groups serving the U.S. Customs Service with pas- civil fine up to $1,100 and a year in jail. young children and youth that would benefit senger lists before they can land in this profoundly from the energy and idealism of My legislation will mean that violators your students. country. could face up to 10 years in prison. This In that spirit, President Clinton is asking Hartsfield Atlanta International Air- legislation is supported by Atlanta’s you to commit a greater share of your work port, the world’s busiest airport, Delta, Hartsfield International Airport, Delta study assignments to community service. I with its world headquarters in Atlanta, Airlines, the Air Carrier Association of second the President’s request and encourage and AirTran are key not just to Geor- America, and the Office of the Solicitor you to work toward a goal of dedicating a gia’s economy, but to our national greater and greater portion of your Federal General, Clayton County, GA. We have aviation system as well. At the Com- only just begun to improve airport se- College Work Study funds each year to commerce Committee hearing this morn- munity service. Institutions of higher learn- curity and therefore, I look forward to ing have always been leaders in the life of ing, Spokespersons from each of these continuing this discussion with airport our nation. I hope you will seize this oppor- Georgia giants, told us about the secu- officials and law enforcement officers tunity to demonstrate that leadership again. rity measures that have been put in across the country on how we can best Please join in this effort. Help us to keep place since the September 11 hijack- protect passengers, airport workers, America’s Promise. Thank you and best ings and what further steps they plan and air travel in the future. wishes. to take in light of the requirements of Sincerely, I ask unanimous consent that the the new aviation security law. text of the bill be printed in the Gen. COLIN L. POWELL, USA (Ret), At the hearing, Hartsfield’s General Chairman. RECORD. Manager, Mr. Benjamin DeCosta, ad- There being no objection, the bill was By Mr. CLELAND: dressed the incident of November 16 ordered to be printed in the RECORD, as S. 1794. A bill to amend title 49, when an individual breached security follows: United States Code, to prohibit the un- at the Atlanta airport. The security S. 1794 authorized circumvention of airport se- breach triggered the total evacuation Be it enacted by the Senate and House of Rep- curity systems and procedures; to the of Hartsfield and a temporary halt of resentatives of the United States of America in Committee on Commerce, Science, and incoming and outgoing air traffic. That Congress assembled, Transportation. action caused a ripple effect of delays SECTION 1. SHORT TITLE. Mr. CLELAND. Madam President, I and flight cancellations. I might add This Act may be cited as the ‘‘Airport rise today to introduce legislation that that I have firsthand knowledge of Checkpoint Enhancement Act’’.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.024 pfrm01 PsN: S10PT1 S12778 CONGRESSIONAL RECORD — SENATE December 10, 2001 SEC. 2. PROHIBITION ON UNAUTHORIZED CIR- separated from their families in North I urge my colleagues to support the CUMVENTION OF AIRPORT SECU- Korea; Resolution. RITY SYSTEMS AND PROCEDURES. Whereas the United States values peace in (a) PROHIBITION.—Section 46503 of title 49, the global community and has long recog- f United States Code, as added by section 114 nized the significance of uniting families SENATE CONCURRENT RESOLU- of the Aviation and Transportation Security torn apart by the tragedy of war; and TION 91—EXPRESSING DEEP Act (Public Law 107–71), is amended— Whereas a petition drive is taking place GRATITUDE TO THE GOVERN- (1) by inserting ‘‘(a) INTERFERENCE WITH throughout the United States, urging the MENT AND THE PEOPLE OF THE SECURITY SCREENING PERSONNEL.—’’ before United States Government to assist in the ‘‘An individual’’; and reunification efforts: Now, therefore, be it PHILIPPINES FOR THEIR SYM- (2) by adding at the end the following new Resolved by the Senate (the House of Rep- PATHY AND SUPPORT SINCE subsection: resentatives concurring), That it is the sense SEPTEMBER 11, 2001, AND FOR ‘‘(b) UNAUTHORIZED CIRCUMVENTION OF SE- of Congress that— OTHER PURPOSES CURITY SYSTEMS AND PROCEDURES.—An indi- (1) Congress and the President should sup- vidual in an area within a commercial serv- port efforts to reunite people of the United Mr. HELMS (for himself, Mr. LUGAR, ice airport in the United States who inten- States of Korean ancestry with their fami- Mr. KERRY, and Mr. HAGEL) submitted tionally circumvents, in an unauthorized lies in North Korea; and the following concurrent resolution; manner, a security system or procedure in (2) such efforts should be made in a timely which was considered and agreed to: the airport shall be fined under title 18, im- manner, as 50 years have passed since the S. CON. RES. 91 prisoned for not more than 10 years, or separation of these families. Whereas the United States and the Repub- both.’’. Mrs. FEINSTEIN. Madam President, lic of the Philippines have shared a special (b) CONFORMING AND CLERICAL AMEND- I rise today along with my colleagues relationship of mutual benefit for more than MENTS.—(1) The section heading of that sec- 100 years; tion is amended to read as follows: Senator HAGEL and Senator BOXER to submit a concurrent resolution that Whereas, since the September 11, 2001, ter- ‘‘§ 46503. Interference with security screening expresses the sense of Congress that rorist attacks on the United States, the personnel; unauthorized circumvention of Philippines has been among the world’s most security systems or procedures’’. the Congress and the President should support efforts to reunite Americans of steadfast friends of the United States during (2) The item relating to that section in the a time of grief and turmoil, offering heart- table of sections at the beginning of chapter Korean ancestry with their families in felt sympathy and support; 465 of that title is amended to read as fol- North Korea. Whereas, after the United States launched lows: Following a historic summit in June, Operation Enduring Freedom in Afghanistan ‘‘46503. Interference with security screening 2000 in Pyongyang, North Korea, South on October 7, 2001, Philippine President Glo- personnel; unauthorized cir- Korean President Kim Dae Jung and ria Macapagal-Arroyo immediately an- cumvention of security systems North Korean leader Kim Jon II agreed nounced her government’s unwavering sup- or procedures.’’. to hold reunions of South Korean and port for the operation, calling it ‘‘the start North Korean families separated at the of a just offensive’’; f 38th parallel since the start of the Ko- Whereas, during the United States oper- STATEMENTS ON SUBMITTED rean war. Since then, three reunions ations in Afghanistan, the government of the RESOLUTIONS have taken place and more than 3,400 Philippines has made all of its military installations available to the Armed Forces of citizens of North and South Korea have the United States for transit, refueling, re- been reunited after more than 50 years. supply, and staging operations; SENATE CONCURRENT RESOLU- I applaud these reunions and I believe Whereas this assistance provided by the TION 90—EXPRESSING THE they are an important step towards im- Philippines has proved highly valuable in the SENSE OF THE CONGRESS RE- proving relations between North and prosecution of Operation Enduring Freedom GARDING THE EFFORTS OF PEO- South Korea and promoting peace and in Afghanistan; PLE OF THE UNITED STATES OF stability on the Korean Peninsula. Un- Whereas the Philippines also faces ter- KOREAN ANCESTRY TO REUNITE fortunately, more than 500,000 Ameri- rorist threats from the Communist Party of WITH THEIR FAMILY MEMBERS cans of Korean ancestry, many of the Philippines/New People’s Army/National IN NORTH KOREA whom reside in my home state of Cali- Democratic Front and the radical Islamic Abu Sayaff group, as well as armed seces- Mrs. FEINSTEIN (for herself, Mr. fornia, who likewise have been sepa- sionist campaigns by the Moro Islamic Lib- HAGEL, and Mrs. BOXER) submitted the rated from loved ones in North Korea eration Front, and elements of the Moro Na- following concurrent resolution; which for half a century have not been able to tional Liberation Front; was referred to the Committee on For- participate. Whereas the Abu Sayaff group has histor- eign Relations: Time is of the essence. Family mem- ical ties to Osama bin Laden and the al- bers in North Korea and the United Qaeda network, and has engaged in hundreds S. CON. RES. 90 States are entering the twilight of of acts of terrorism in the Philippines, in- Whereas on June 25, 1950, North Korea in- their lives. Many have died. Many sim- cluding bombings, arson, and kidnappings; vaded South Korea, thereby initiating the ply do not know what has happened to Whereas, in May 2001, Abu Sayaff kid- Korean War, leading to the loss of countless napped American citizens Martin Burnham, lives, and further polarizing a world engulfed their loved ones. We now have an op- Gracia Burnham and Guillermo Sobero, by the Cold War; portunity to lend our support to efforts along with several Filipinos; Whereas in the aftermath of the Korean to reunite families who have spent far Whereas Abu Sayaff has killed Guillermo War, the division of the Koreas at the 38th too long suffering from separation and Sobero and still detains Martin Burnham parallel separated millions of Koreans from uncertainty. and Gracia Burnham; and their families, tearing at the heart of every The resolution is simple. It states Whereas, the United States and the Phil- mother, father, daughter, and son; that it is the sense of Congress that the ippines are committed to each other’s secu- Whereas on June 13 and 14, 2000, in the first Congress and the President should sup- rity in the Mutual Defense Treaty, signed at summit conference ever held between leaders port efforts to reunite people of the Washington August 30, 1951 (3 UST 3947): of North and South Korea, South Korean United States of Korean ancestry with Now, therefore, be it President Kim Dae Jung met with North Ko- Resolved by the Senate (the House of Rep- rean leader Kim Jong Il in Pyongyang, North their families in North Korea and that resentatives concurring), That Congress— Korea’s capital; those efforts should be made in a time- (1) expresses its deepest gratitude to the Whereas in a historic joint declaration, ly manner. government and the people of the Phil- South Korean President Kim Dae Jung and The holiday season is a time for fam- ippines for their sympathy and support since North Korean leader Kim Jong Il made an ily members to come together, share September 11, 2001; important promise to promote economic co- their love and happiness, and look for- (2) expresses its sympathy to the current operation and hold reunions of South Korean ward to the New Year. During this and recent Filipino victims of terrorism and and North Korean citizens; time, let us make a commitment to their families; Whereas such reunions have been held in help Americans of Korean descent so (3) affirms the commitments of the United North and South Korea since the signing of States to the Philippines as expressed in the the joint declaration, reuniting family mem- that they too will soon be able to share Mutual Defense Treaty, signed at Wash- bers who had not seen or heard from each in that holiday spirit with their broth- ington August 30, 1951 (3 UST 3947); other for more than 50 years; ers and sisters, mothers and fathers, (4) supports the government of the Phil- Whereas 500,000 people of the United States and grandmothers and grandfathers in ippines in its efforts to prevent and suppress of Korean ancestry bear the pain of being North Korea. terrorism; and

VerDate 10-DEC-2001 02:10 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.030 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12779 (5) acknowledges the economic and mili- posed an amendment to the bill S. Res. (B) by striking clause (vi) and inserting the tary needs of the Philippines and pledges to 178, congratulating Barry Bonds on his following: continue to assist in addressing those needs. spectacular record-breaking season in ‘‘(vi) for fiscal year 2002, $354, $566, $477, f 2001 and outstanding career in Major $416, and $279 per month, respectively; ‘‘(vii) for fiscal year 2003, $390, $602, $513, AMENDMENTS SUBMITTED AND League Baseball; as follows: $452, and $315 per month, respectively; and PROPOSED On page 1, line 9, strike ‘‘3’’ and insert ‘‘an ‘‘(viii) for fiscal year 2004, $425, $637, $548, unprecedented 4’’. $487, and $350 per month, respectively.’’. SA 2464. Mr. STEVENS submitted an SA 2466. Mr. GREGG (for himself and amendment intended to be proposed by him (2) EFFECTIVE DATE.—The amendments to the bill S. 1731, to strengthen the safety Mr. LUGAR) submitted an amendment made by this subsection take effect on the net for agricultural producers, to enhance re- intended to be proposed by him to the date of enactment of this Act. source conservation and rural development, bill S. 1731, to strengthen the safety (b) FISCAL YEAR 2005 AND THEREAFTER.— to provide for farm credit, agricultural re- net for agricultural producers, to en- (1) IN GENERAL.—Section 5(e)(7) of the Food search, nutrition, and related programs, to hance resource conservation and rural Stamp Act of 1977 (7 U.S.C. 2014(e)(7)) is amended by striking subparagraph (B). ensure consumers abundant food and fiber, development, to provide for farm cred- and for other purposes; which was ordered to (2) EFFECTIVE DATE.—The amendment it, agricultural research, nutrition, and made by this subsection takes effect on Oc- lie on the table. related programs, to ensure consumers SA 2465. Mr. REID (for Mrs. FEINSTEIN (for tober 1, 2004. himself and Mrs. BOXER)) proposed an abundant food and fiber, and for other f purposes; which was ordered to lie on amendment to the bill S.Res. 178, congratu- PRIVILEGE OF THE FLOOR lating Barry Bonds on his spectacular the table; as follows: record-breaking season in 2001 and out- Beginning on page 54, strike line 1 and all Mr. THOMAS. Mr. President, I ask standing career in Major League Baseball. that follows through page 87, line 8, and in- unanimous consent that Jeff Mow of SA 2466. Mr. GREGG (for himself and Mr. sert the following: the Senate Energy Committee be LUGAR) submitted an amendment intended CHAPTER 2—SUGAR granted floor privileges during this de- to be proposed by him to the bill S. 1731, to Subchapter A—Sugar Program strengthen the safety net for agricultural bate. producers, to enhance resource conservation SEC. 141. SUGAR PROGRAM. The PRESIDENT pro tempore. With- and rural development, to provide for farm (a) IN GENERAL.—Section 156 of the Federal out objection, it is so ordered. credit, agricultural research, nutrition, and Agriculture Improvement and Reform Act of Mr. THOMPSON. On behalf of Sen- related programs, to ensure consumers abun- 1996 (7 U.S.C. 7272) is amended— ator FITZGERALD, I ask unanimous con- dant food and fiber, and for other purposes; (1) in subsection (e), by striking paragraph sent that Jeremy Stump, a fellow from which was ordered to lie on the table. (1) and inserting the following: his office, be granted the privilege of ‘‘(1) LOANS.—The Secretary shall carry out f this section through the use of recourse the floor during the Senate’s consider- TEXT OF AMENDMENTS loans.’’; ation of the farm bill. The PRESIDING OFFICER. Without Mr. STEVENS submitted an (2) in subsection (f), by striking ‘‘2003’’ SA 2464. each place it appears and inserting ‘‘2006’’; objection, it is so ordered. amendment intended to be proposed by (3) by redesignating subsection (i) as sub- f him to the bill S. 1731, to strengthen section (j); the safety net for agricultural pro- (4) by inserting after subsection (h) the fol- DEPARTMENT OF DEFENSE ducers, to enhance resource conserva- lowing: APPROPRIATIONS ACT OF 2002 tion and rural development, to provide ‘‘(i) PHASED REDUCTION OF LOAN RATE.— On December 7, 2001, the Senate For each of the 2003, 2004, and 2005 crops of for farm credit, agricultural research, amended and passed H.R. 3338, as fol- nutrition, and related programs, to en- sugar beets and sugarcane, the Secretary shall lower the loan rate for each succeeding lows: sure consumers abundant food and crop in a manner that progressively and uni- Resolved, That the bill from the fiber, and for other purposes; which formly lowers the loan rate for sugar beets House of Representatives (H.R. 3338) was ordered to lie on the table; as fol- and sugarcane to $0 for the 2006 crop.’’; and entitled ‘‘An Act making appropria- lows: (5) in subsection (j) (as redesignated), by tions for the Department of Defense for At the end of Title X, Subtitle A, insert striking ‘‘2002’’ and inserting ‘‘2005’’. the fiscal year ending September 30, the following: (b) PROSPECTIVE REPEAL.—Effective begin- 2002, and for other purposes.’’, do pass ‘‘SEC. 1003. CERTIFICATION AND LABELING OF ning with the 2006 crop of sugar beets and sugarcane, section 156 of the Federal Agri- with the following amendment: ORGANIC WILD SEAFOOD. Strike out all after the enacting ‘‘(a) EXCLUSIVE AUTHORITY OF SECRETARY culture Improvement and Reform Act of 1996 OF COMMERCE.—The Secretary of Commerce (7 U.S.C. 7272) is repealed. clause and insert: shall have exclusive authority to provide for SEC. 142. MARKETING ALLOTMENTS. DIVISION A—DEPARTMENT OF DEFENSE the certification and labeling of wild seafood Part VII of subtitle B of title III of the Ag- APPROPRIATIONS, 2002 as organic wild seafood. ricultural Adjustment Act of 1938 (7 U.S.C. That the following sums are appropriated, out ‘‘(b) RELATIONSHIP TO OTHER LAW.—The 1359aa et seq.) is repealed. of any money in the Treasury not otherwise ap- certification and labeling of wild seafood as SEC. 143. CONFORMING AMENDMENTS. propriated, for the fiscal year ending September organic wild seafood shall not be subject to (a) PRICE SUPPORT FOR NONBASIC AGRICUL- 30, 2002, for military functions administered by the provisions of the Organic Foods Produc- TURAL COMMODITIES.—Section 201(a) of the the Department of Defense, and for other pur- tion Act of 1990 (title XXI of Public Law 101– Agricultural Act of 1949 (7 U.S.C. 1446(a)) is poses, namely: 624; 104 Stat. 3925; 7 U.S.C. 6501 et. seq.). amended by striking ‘‘milk, sugar beets, and TITLE I ‘‘(c) REGULATIONS.— sugarcane’’ and inserting ‘‘, and milk’’. MILITARY PERSONNEL ‘‘(1) IN GENERAL.—The Secretary of Com- (b) POWERS OF COMMODITY CREDIT CORPORA- merce shall prescribe regulations for the cer- TION.—Section 5(a) of the Commodity Credit MILITARY PERSONNEL, ARMY tification and labeling of wild seafood as or- Corporation Charter Act (15 U.S.C. 714c(a)) is For pay, allowances, individual clothing, sub- ganic wild seafood. amended by inserting ‘‘(other than sugar sistence, interest on deposits, gratuities, perma- ‘‘(2) CONSIDERATIONS.—In prescribing the beets and sugarcane)’’ after ‘‘agricultural nent change of station travel (including all ex- regulations, the Secretary— commodities’’. penses thereof for organizational movements), ‘‘(A) may take into consideration, as guid- and expenses of temporary duty travel between ance, to the extent practicable, the provi- SEC. 144. CROPS. Except as otherwise provided in this sub- permanent duty stations, for members of the sions of the Organic Foods Production Act of chapter, this subchapter and the amend- Army on active duty (except members of reserve 1990 and the regulations prescribed in the ad- ments made by this subchapter shall apply components provided for elsewhere), cadets, and ministration of that Act; and aviation cadets; and for payments pursuant to ‘‘(B) shall accommodate the nature of the beginning with the 2003 crop of sugar beets section 156 of Public Law 97–377, as amended (42 commercial harvesting and processing of and sugarcane. U.S.C. 402 note), to section 229(b) of the Social wild fish in the United States Subchapter B—Food Stamp Program Security Act (42 U.S.C. 429(b)), and to the De- ‘‘(3) TIME FOR INITIAL IMPLEMENTATION.— SEC. 147. MAXIMUM EXCESS SHELTER EXPENSE partment of Defense Military Retirement Fund, The Secretary shall promulgate the initial DEDUCTION. $23,446,734,000. regulations to carry out this section not (a) FISCAL YEARS 2002 THROUGH 2004.— later than one year after the date of enact- (1) IN GENERAL.—Section 5(e)(7)(B) of the MILITARY PERSONNEL, NAVY ment of this Act.’’. Food Stamp Act of 1977 (7 U.S.C. For pay, allowances, individual clothing, sub- 2014(e)(7)(B)) is amended— sistence, interest on deposits, gratuities, perma- SA 2465. Mr. REID (for Mrs. FEIN- (A) in clause (v), by striking ‘‘and’’ at the nent change of station travel (including all ex- STEIN (for herself and Mrs. BOXER)) pro- end; and penses thereof for organizational movements),

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.031 pfrm01 PsN: S10PT1 S12780 CONGRESSIONAL RECORD — SENATE December 10, 2001 and expenses of temporary duty travel between of title 10, United States Code; and for payments extraordinary expenses, to be expended on the permanent duty stations, for members of the to the Department of Defense Military Retire- approval or authority of the Secretary of the Air Navy on active duty (except members of the Re- ment Fund, $466,300,000. Force, and payments may be made on his certifi- serve provided for elsewhere), midshipmen, and RESERVE PERSONNEL, AIR FORCE cate of necessity for confidential military pur- aviation cadets; and for payments pursuant to For pay, allowances, clothing, subsistence, poses, $26,303,436,000. section 156 of Public Law 97–377, as amended (42 gratuities, travel, and related expenses for per- OPERATION AND MAINTENANCE, DEFENSE-WIDE U.S.C. 402 note), to section 229(b) of the Social sonnel of the Air Force Reserve on active duty For expenses, not otherwise provided for, nec- Security Act (42 U.S.C. 429(b)), and to the De- under sections 10211, 10305, and 8038 of title 10, essary for the operation and maintenance of ac- partment of Defense Military Retirement Fund, United States Code, or while serving on active tivities and agencies of the Department of De- $19,465,964,000. duty under section 12301(d) of title 10, United fense (other than the military departments), as MILITARY PERSONNEL, MARINE CORPS States Code, in connection with performing duty authorized by law, $12,864,644,000, of which not For pay, allowances, individual clothing, sub- specified in section 12310(a) of title 10, United to exceed $25,000,000 may be available for the sistence, interest on deposits, gratuities, perma- States Code, or while undergoing reserve train- CINC initiative fund account; and of which not nent change of station travel (including all ex- ing, or while performing drills or equivalent to exceed $33,500,000 can be used for emergencies penses thereof for organizational movements), duty or other duty, and for members of the Air and extraordinary expenses, to be expended on and expenses of temporary duty travel between Reserve Officers’ Training Corps, and expenses the approval or authority of the Secretary of permanent duty stations, for members of the authorized by section 16131 of title 10, United Defense, and payments may be made on his cer- Marine Corps on active duty (except members of States Code; and for payments to the Depart- tificate of necessity for confidential military the Reserve provided for elsewhere); and for ment of Defense Military Retirement Fund, purposes. payments pursuant to section 156 of Public Law $1,061,160,000. OPERATION AND MAINTENANCE, ARMY RESERVE 97–377, as amended (42 U.S.C. 402 note), to sec- NATIONAL GUARD PERSONNEL, ARMY For expenses, not otherwise provided for, nection 229(b) of the Social Security Act (42 U.S.C. For pay, allowances, clothing, subsistence, essary for the operation and maintenance, in- 429(b)), and to the Department of Defense Mili- gratuities, travel, and related expenses for per- cluding training, organization, and administra- tary Retirement Fund, $7,335,370,000. sonnel of the Army National Guard while on tion, of the Army Reserve; repair of facilities MILITARY PERSONNEL, AIR FORCE duty under section 10211, 10302, or 12402 of title and equipment; hire of passenger motor vehicles; For pay, allowances, individual clothing, sub- 10 or section 708 of title 32, United States Code, travel and transportation; care of the dead; re- sistence, interest on deposits, gratuities, perma- or while serving on duty under section 12301(d) cruiting; procurement of services, supplies, and nent change of station travel (including all ex- of title 10 or section 502(f ) of title 32, United equipment; and communications, $1,771,246,000. penses thereof for organizational movements), States Code, in connection with performing duty OPERATION AND MAINTENANCE, NAVY RESERVE and expenses of temporary duty travel between specified in section 12310(a) of title 10, United For expenses, not otherwise provided for, nec- permanent duty stations, for members of the Air States Code, or while undergoing training, or essary for the operation and maintenance, in- Force on active duty (except members of reserve while performing drills or equivalent duty or cluding training, organization, and administra- components provided for elsewhere), cadets, and other duty, and expenses authorized by section tion, of the Navy Reserve; repair of facilities aviation cadets; and for payments pursuant to 16131 of title 10, United States Code; and for and equipment; hire of passenger motor vehicles; section 156 of Public Law 97–377, as amended (42 payments to the Department of Defense Military travel and transportation; care of the dead; re- U.S.C. 402 note), to section 229(b) of the Social Retirement Fund, $4,052,695,000. cruiting; procurement of services, supplies, and Security Act (42 U.S.C. 429(b)), and to the De- NATIONAL GUARD PERSONNEL, AIR FORCE equipment; and communications, $1,003,690,000. partment of Defense Military Retirement Fund, For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, MARINE CORPS $20,032,704,000. gratuities, travel, and related expenses for per- RESERVE RESERVE PERSONNEL, ARMY sonnel of the Air National Guard on duty under For expenses, not otherwise provided for, nec- For pay, allowances, clothing, subsistence, section 10211, 10305, or 12402 of title 10 or section essary for the operation and maintenance, in- gratuities, travel, and related expenses for per- 708 of title 32, United States Code, or while serv- cluding training, organization, and administra- sonnel of the Army Reserve on active duty ing on duty under section 12301(d) of title 10 or tion, of the Marine Corps Reserve; repair of fa- under sections 10211, 10302, and 3038 of title 10, section 502(f) of title 32, United States Code, in cilities and equipment; hire of passenger motor United States Code, or while serving on active connection with performing duty specified in vehicles; travel and transportation; care of the duty under section 12301(d) of title 10, United section 12310(a) of title 10, United States Code, dead; recruiting; procurement of services, sup- States Code, in connection with performing duty or while undergoing training, or while per- plies, and equipment; and communications, specified in section 12310(a) of title 10, United forming drills or equivalent duty or other duty, $144,023,000. States Code, or while undergoing reserve train- and expenses authorized by section 16131 of title ing, or while performing drills or equivalent 10, United States Code; and for payments to the OPERATION AND MAINTENANCE, AIR FORCE duty or other duty, and for members of the Re- Department of Defense Military Retirement RESERVE serve Officers’ Training Corps, and expenses au- Fund, $1,783,744,000. For expenses, not otherwise provided for, nec- thorized by section 16131 of title 10, United TITLE II essary for the operation and maintenance, in- States Code; and for payments to the Depart- OPERATION AND MAINTENANCE cluding training, organization, and administra- ment of Defense Military Retirement Fund, tion, of the Air Force Reserve; repair of facilities OPERATION AND MAINTENANCE, ARMY $2,670,197,000. and equipment; hire of passenger motor vehicles; For expenses, not otherwise provided for, nec- RESERVE PERSONNEL, NAVY travel and transportation; care of the dead; re- essary for the operation and maintenance of the cruiting; procurement of services, supplies, and For pay, allowances, clothing, subsistence, Army, as authorized by law; and not to exceed equipment; and communications, $2,023,866,000. gratuities, travel, and related expenses for per- $10,794,000 can be used for emergencies and ex- OPERATION AND MAINTENANCE, ARMY NATIONAL sonnel of the Navy Reserve on active duty under traordinary expenses, to be expended on the ap- GUARD section 10211 of title 10, United States Code, or proval or authority of the Secretary of the while serving on active duty under section Army, and payments may be made on his certifi- For expenses of training, organizing, and ad- 12301(d) of title 10, United States Code, in con- cate of necessity for confidential military pur- ministering the Army National Guard, including nection with performing duty specified in sec- poses, $22,941,588,000. medical and hospital treatment and related ex- tion 12310(a) of title 10, United States Code, or penses in non-Federal hospitals; maintenance, OPERATION AND MAINTENANCE, NAVY while undergoing reserve training, or while per- operation, and repairs to structures and facili- forming drills or equivalent duty, and for mem- For expenses, not otherwise provided for, nec- ties; hire of passenger motor vehicles; personnel bers of the Reserve Officers’ Training Corps, essary for the operation and maintenance of the services in the National Guard Bureau; travel and expenses authorized by section 16131 of title Navy and the Marine Corps, as authorized by expenses (other than mileage), as authorized by 10, United States Code; and for payments to the law; and not to exceed $4,569,000 can be used for law for Army personnel on active duty, for Department of Defense Military Retirement emergencies and extraordinary expenses, to be Army National Guard division, regimental, and Fund, $1,650,523,000. expended on the approval or authority of the battalion commanders while inspecting units in Secretary of the Navy, and payments may be RESERVE PERSONNEL, MARINE CORPS compliance with National Guard Bureau regula- made on his certificate of necessity for confiden- tions when specifically authorized by the Chief, For pay, allowances, clothing, subsistence, tial military purposes, $27,038,067,000. National Guard Bureau; supplying and equip- gratuities, travel, and related expenses for per- OPERATION AND MAINTENANCE, MARINE CORPS ping the Army National Guard as authorized by sonnel of the Marine Corps Reserve on active law; and expenses of repair, modification, main- duty under section 10211 of title 10, United For expenses, not otherwise provided for, nec- tenance, and issue of supplies and equipment States Code, or while serving on active duty essary for the operation and maintenance of the (including aircraft), $3,743,808,000. under section 12301(d) of title 10, United States Marine Corps, as authorized by law, Code, in connection with performing duty speci- $2,903,863,000. OPERATION AND MAINTENANCE, AIR NATIONAL fied in section 12310(a) of title 10, United States OPERATION AND MAINTENANCE, AIR FORCE GUARD Code, or while undergoing reserve training, or For expenses, not otherwise provided for, nec- For operation and maintenance of the Air Na- while performing drills or equivalent duty, and essary for the operation and maintenance of the tional Guard, including medical and hospital for members of the Marine Corps platoon leaders Air Force, as authorized by law; and not to ex- treatment and related expenses in non-Federal class, and expenses authorized by section 16131 ceed $7,998,000 can be used for emergencies and hospitals; maintenance, operation, repair, and

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12781

other necessary expenses of facilities for the ENVIRONMENTAL RESTORATION, DEFENSE-WIDE equipment, including ordnance, ground han- training and administration of the Air National (INCLUDING TRANSFER OF FUNDS) dling equipment, spare parts, and accessories Guard, including repair of facilities, mainte- For the Department of Defense, $23,492,000, to therefor; specialized equipment and training de- nance, operation, and modification of aircraft; remain available until transferred: Provided, vices; expansion of public and private plants, transportation of things, hire of passenger That the Secretary of Defense shall, upon deter- including the land necessary therefor, for the motor vehicles; supplies, materials, and equip- mining that such funds are required for envi- foregoing purposes, and such lands and inter- ment, as authorized by law for the Air National ronmental restoration, reduction and recycling ests therein, may be acquired, and construction Guard; and expenses incident to the mainte- of hazardous waste, removal of unsafe buildings prosecuted thereon prior to approval of title; nance and use of supplies, materials, and equip- and debris of the Department of Defense, or for and procurement and installation of equipment, ment, including such as may be furnished from similar purposes, transfer the funds made avail- appliances, and machine tools in public and pri- stocks under the control of agencies of the De- able by this appropriation to other appropria- vate plants; reserve plant and Government and partment of Defense; travel expenses (other than tions made available to the Department of De- contractor-owned equipment layaway; and mileage) on the same basis as authorized by law fense, to be merged with and to be available for other expenses necessary for the foregoing pur- for Air National Guard personnel on active Fed- the same purposes and for the same time period poses, $1,893,891,000, to remain available for ob- eral duty, for Air National Guard commanders as the appropriations to which transferred: Pro- ligation until September 30, 2004. while inspecting units in compliance with Na- vided further, That upon a determination that MISSILE PROCUREMENT, ARMY tional Guard Bureau regulations when specifi- all or part of the funds transferred from this ap- For construction, procurement, production, cally authorized by the Chief, National Guard propriation are not necessary for the purposes modification, and modernization of missiles, Bureau, $3,998,361,000. provided herein, such amounts may be trans- equipment, including ordnance, ground han- UNITED STATES COURTS OF APPEALS FOR THE ferred back to this appropriation. dling equipment, spare parts, and accessories ARMED FORCES ENVIRONMENTAL RESTORATION, FORMERLY USED therefor; specialized equipment and training de- For salaries and expenses necessary for the DEFENSE SITES vices; expansion of public and private plants, United States Court of Appeals for the Armed (INCLUDING TRANSFER OF FUNDS) including the land necessary therefor, for the Forces, $9,096,000, of which not to exceed $2,500 For the Department of the Army, $230,255,000, foregoing purposes, and such lands and inter- can be used for official representation purposes. to remain available until transferred: Provided, ests therein, may be acquired, and construction ENVIRONMENTAL RESTORATION, ARMY That the Secretary of the Army shall, upon de- prosecuted thereon prior to approval of title; (INCLUDING TRANSFER OF FUNDS) termining that such funds are required for envi- and procurement and installation of equipment, For the Department of the Army, $389,800,000, ronmental restoration, reduction and recycling appliances, and machine tools in public and pri- to remain available until transferred: Provided, of hazardous waste, removal of unsafe buildings vate plants; reserve plant and Government and That the Secretary of the Army shall, upon de- and debris at sites formerly used by the Depart- contractor-owned equipment layaway; and termining that such funds are required for envi- ment of Defense, transfer the funds made avail- other expenses necessary for the foregoing pur- ronmental restoration, reduction and recycling able by this appropriation to other appropria- poses, $1,774,154,000, to remain available for ob- of hazardous waste, removal of unsafe buildings tions made available to the Department of the ligation until September 30, 2004. and debris of the Department of the Army, or Army, to be merged with and to be available for PROCUREMENT OF WEAPONS AND TRACKED for similar purposes, transfer the funds made the same purposes and for the same time period COMBAT VEHICLES, ARMY available by this appropriation to other appro- as the appropriations to which transferred: Pro- For construction, procurement, production, priations made available to the Department of vided further, That upon a determination that and modification of weapons and tracked com- the Army, to be merged with and to be available all or part of the funds transferred from this ap- bat vehicles, equipment, including ordnance, for the same purposes and for the same time pe- propriation are not necessary for the purposes spare parts, and accessories therefor; specialized riod as the appropriations to which transferred: provided herein, such amounts may be trans- equipment and training devices; expansion of Provided further, That upon a determination ferred back to this appropriation. public and private plants, including the land that all or part of the funds transferred from OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC necessary therefor, for the foregoing purposes, this appropriation are not necessary for the pur- AID and such lands and interests therein, may be ac- poses provided herein, such amounts may be For expenses relating to the Overseas Human- quired, and construction prosecuted thereon transferred back to this appropriation. itarian, Disaster, and Civic Aid programs of the prior to approval of title; and procurement and ENVIRONMENTAL RESTORATION, NAVY Department of Defense (consisting of the pro- installation of equipment, appliances, and ma- (INCLUDING TRANSFER OF FUNDS) grams provided under sections 401, 402, 404, chine tools in public and private plants; reserve For the Department of the Navy, $257,517,000, 2547, and 2551 of title 10, United States Code), plant and Government and contractor-owned to remain available until transferred: Provided, $44,700,000, to remain available until September equipment layaway; and other expenses nec- That the Secretary of the Navy shall, upon de- 30, 2003. essary for the foregoing purposes, $2,174,546,000, to remain available for obligation until Sep- termining that such funds are required for envi- FORMER SOVIET UNION THREAT REDUCTION tember 30, 2004. ronmental restoration, reduction and recycling For assistance to the republics of the former PROCUREMENT OF AMMUNITION, ARMY of hazardous waste, removal of unsafe buildings Soviet Union, including assistance provided by and debris of the Department of the Navy, or for contract or by grants, for facilitating the elimi- For construction, procurement, production, similar purposes, transfer the funds made avail- nation and the safe and secure transportation and modification of ammunition, and acces- able by this appropriation to other appropria- and storage of nuclear, chemical and other sories therefor; specialized equipment and train- tions made available to the Department of the weapons; for establishing programs to prevent ing devices; expansion of public and private Navy, to be merged with and to be available for the proliferation of weapons, weapons compo- plants, including ammunition facilities author- the same purposes and for the same time period nents, and weapon-related technology and ex- ized by section 2854 of title 10, United States as the appropriations to which transferred: Pro- pertise; for programs relating to the training Code, and the land necessary therefor, for the vided further, That upon a determination that and support of defense and military personnel foregoing purposes, and such lands and inter- all or part of the funds transferred from this ap- for demilitarization and protection of weapons, ests therein, may be acquired, and construction propriation are not necessary for the purposes weapons components and weapons technology prosecuted thereon prior to approval of title; provided herein, such amounts may be trans- and expertise, and for defense and military con- and procurement and installation of equipment, ferred back to this appropriation. tacts, $357,000,000, to remain available until Sep- appliances, and machine tools in public and pri- ENVIRONMENTAL RESTORATION, AIR FORCE tember 30, 2004: Provided, That of the amounts vate plants; reserve plant and Government and (INCLUDING TRANSFER OF FUNDS) provided under this heading, $15,000,000 shall be contractor-owned equipment layaway; and For the Department of the Air Force, available only to support the dismantling and other expenses necessary for the foregoing pur- $385,437,000, to remain available until trans- disposal of nuclear submarines and submarine poses, $1,171,465,000, to remain available for ob- ferred: Provided, That the Secretary of the Air reactor components in the Russian Far East. ligation until September 30, 2004. Force shall, upon determining that such funds SUPPORT FOR INTERNATIONAL SPORTING OTHER PROCUREMENT, ARMY are required for environmental restoration, re- COMPETITIONS, DEFENSE For construction, procurement, production, duction and recycling of hazardous waste, re- For logistical and security support for inter- and modification of vehicles, including tactical, moval of unsafe buildings and debris of the De- national sporting competitions (including pay support, and non-tracked combat vehicles; the partment of the Air Force, or for similar pur- and non-travel related allowances only for mem- purchase of not to exceed 29 passenger motor ve- poses, transfer the funds made available by this bers of the Reserve Components of the Armed hicles for replacement only; and the purchase of appropriation to other appropriations made Forces of the United States called or ordered to 3 vehicles required for physical security of per- available to the Department of the Air Force, to active duty in connection with providing such sonnel, notwithstanding price limitations appli- be merged with and to be available for the same support), $15,800,000, to remain available until cable to passenger vehicles but not to exceed purposes and for the same time period as the ap- expended. $200,000 per vehicle; communications and elec- propriations to which transferred: Provided fur- tronic equipment; other support equipment; TITLE III ther, That upon a determination that all or part spare parts, ordnance, and accessories therefor; of the funds transferred from this appropriation PROCUREMENT specialized equipment and training devices; ex- are not necessary for the purposes provided AIRCRAFT PROCUREMENT, ARMY pansion of public and private plants, including herein, such amounts may be transferred back For construction, procurement, production, the land necessary therefor, for the foregoing to this appropriation. modification, and modernization of aircraft, purposes, and such lands and interests therein,

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 S12782 CONGRESSIONAL RECORD — SENATE December 10, 2001 may be acquired, and construction prosecuted LHD–8, $267,238,000; equipment, including spare parts and acces- thereon prior to approval of title; and procure- LCAC landing craft air cushion program, sories therefor, ground handling equipment, and ment and installation of equipment, appliances, $52,091,000; training devices; expansion of public and pri- and machine tools in public and private plants; Prior year shipbuilding costs, $725,000,000; vate plants, Government-owned equipment and reserve plant and Government and contractor- and installation thereof in such plants, erection of owned equipment layaway; and other expenses For craft, outfitting, post delivery, conver- structures, and acquisition of land, for the fore- necessary for the foregoing purposes, sions, and first destination transformation going purposes, and such lands and interests $4,160,186,000, to remain available for obligation transportation, $307,230,000; therein, may be acquired, and construction until September 30, 2004. In all: $9,294,211,000, to remain available for ob- prosecuted thereon prior to approval of title; re- ligation until September 30, 2006: Provided, That AIRCRAFT PROCUREMENT, NAVY serve plant and Government and contractor- additional obligations may be incurred after owned equipment layaway; and other expenses For construction, procurement, production, September 30, 2006, for engineering services, modification, and modernization of aircraft, necessary for the foregoing purposes including tests, evaluations, and other such budgeted rents and transportation of things, equipment, including ordnance, spare parts, work that must be performed in the final stage and accessories therefor; specialized equipment; $3,657,522,000, to remain available for obligation of ship construction: Provided further, That until September 30, 2004. expansion of public and private plants, includ- none of the funds provided under this heading PROCUREMENT OF AMMUNITION, AIR FORCE ing the land necessary therefor, and such lands for the construction or conversion of any naval For construction, procurement, production, and interests therein, may be acquired, and con- vessel to be constructed in shipyards in the and modification of ammunition, and acces- struction prosecuted thereon prior to approval United States shall be expended in foreign fa- sories therefor; specialized equipment and train- of title; and procurement and installation of cilities for the construction of major components ing devices; expansion of public and private equipment, appliances, and machine tools in of such vessel: Provided further, That none of plants, including ammunition facilities author- public and private plants; reserve plant and the funds provided under this heading shall be ized by section 2854 of title 10, United States Government and contractor-owned equipment used for the construction of any naval vessel in Code, and the land necessary therefor, for the layaway, $8,030,043,000, to remain available for foreign shipyards. obligation until September 30, 2004. foregoing purposes, and such lands and inter- OTHER PROCUREMENT, NAVY WEAPONS PROCUREMENT, NAVY ests therein, may be acquired, and construction For procurement, production, and moderniza- prosecuted thereon prior to approval of title; For construction, procurement, production, tion of support equipment and materials not and procurement and installation of equipment, modification, and modernization of missiles, tor- otherwise provided for, Navy ordnance (except appliances, and machine tools in public and pri- pedoes, other weapons, and related support ordnance for new aircraft, new ships, and ships vate plants; reserve plant and Government and equipment including spare parts, and acces- authorized for conversion); the purchase of not contractor-owned equipment layaway; and sories therefor; expansion of public and private to exceed 152 passenger motor vehicles for re- other expenses necessary for the foregoing pur- plants, including the land necessary therefor, placement only, and the purchase of five vehi- poses, $873,344,000, to remain available for obli- and such lands and interests therein, may be ac- cles required for physical security of personnel, gation until September 30, 2004. quired, and construction prosecuted thereon notwithstanding price limitations applicable to OTHER PROCUREMENT, AIR FORCE prior to approval of title; and procurement and passenger vehicles but not to exceed $200,000 per For procurement and modification of equip- installation of equipment, appliances, and ma- unit for two units and not to exceed $115,000 per ment (including ground guidance and electronic chine tools in public and private plants; reserve unit for the remaining three units; expansion of control equipment, and ground electronic and plant and Government and contractor-owned public and private plants, including the land communication equipment), and supplies, mate- equipment layaway, $1,478,075,000, to remain necessary therefor, and such lands and interests rials, and spare parts therefor, not otherwise available for obligation until September 30, 2004. therein, may be acquired, and construction provided for; the purchase of not to exceed 216 PROCUREMENT OF AMMUNITION, NAVY AND prosecuted thereon prior to approval of title; passenger motor vehicles for replacement only, MARINE CORPS and procurement and installation of equipment, and the purchase of three vehicles required for appliances, and machine tools in public and pri- For construction, procurement, production, physical security of personnel, notwithstanding vate plants; reserve plant and Government and and modification of ammunition, and acces- price limitations applicable to passenger vehicles contractor-owned equipment layaway, sories therefor; specialized equipment and train- but not to exceed $200,000; lease of passenger $4,146,338,000, to remain available for obligation ing devices; expansion of public and private motor vehicles; and expansion of public and pri- until September 30, 2004. plants, including ammunition facilities author- vate plants, Government-owned equipment and ized by section 2854 of title 10, United States PROCUREMENT, MARINE CORPS installation thereof in such plants, erection of Code, and the land necessary therefor, for the For expenses necessary for the procurement, structures, and acquisition of land, for the fore- foregoing purposes, and such lands and inter- manufacture, and modification of missiles, ar- going purposes, and such lands and interests ests therein, may be acquired, and construction mament, military equipment, spare parts, and therein, may be acquired, and construction prosecuted thereon prior to approval of title; accessories therefor; plant equipment, appli- prosecuted thereon, prior to approval of title; re- and procurement and installation of equipment, ances, and machine tools, and installation serve plant and Government and contractor- appliances, and machine tools in public and pri- thereof in public and private plants; reserve owned equipment layaway, $8,144,174,000, to re- vate plants; reserve plant and Government and plant and Government and contractor-owned main available for obligation until September 30, contractor-owned equipment layaway; and equipment layaway; vehicles for the Marine 2004. other expenses necessary for the foregoing pur- Corps, including the purchase of not to exceed PROCUREMENT, DEFENSE-WIDE poses, $442,799,000, to remain available for obli- 25 passenger motor vehicles for replacement gation until September 30, 2004. For expenses of activities and agencies of the only; and expansion of public and private Department of Defense (other than the military SHIPBUILDING AND CONVERSION, NAVY plants, including land necessary therefor, and departments) necessary for procurement, pro- For expenses necessary for the construction, such lands and interests therein, may be ac- duction, and modification of equipment, sup- acquisition, or conversion of vessels as author- quired, and construction prosecuted thereon plies, materials, and spare parts therefor, not ized by law, including armor and armament prior to approval of title, $974,054,000, to remain otherwise provided for; the purchase of not to thereof, plant equipment, appliances, and ma- available for obligation until September 30, 2004. exceed 115 passenger motor vehicles for replace- chine tools and installation thereof in public AIRCRAFT PROCUREMENT, AIR FORCE ment only; the purchase of 10 vehicles required and private plants; reserve plant and Govern- For construction, procurement, lease, and for physical security of personnel, notwith- ment and contractor-owned equipment layaway; modification of aircraft and equipment, includ- standing price limitations applicable to pas- procurement of critical, long leadtime compo- ing armor and armament, specialized ground senger vehicles but not to exceed $250,000 per ve- nents and designs for vessels to be constructed handling equipment, and training devices, spare hicle; expansion of public and private plants, or converted in the future; and expansion of parts, and accessories therefor; specialized equipment, and installation thereof in such public and private plants, including land nec- equipment; expansion of public and private plants, erection of structures, and acquisition of essary therefor, and such lands and interests plants, Government-owned equipment and in- land for the foregoing purposes, and such lands therein, may be acquired, and construction stallation thereof in such plants, erection of and interests therein, may be acquired, and con- prosecuted thereon prior to approval of title, as structures, and acquisition of land, for the fore- struction prosecuted thereon prior to approval follows: going purposes, and such lands and interests of title; reserve plant and Government and con- Carrier Replacement Program (AP), therein, may be acquired, and construction tractor-owned equipment layaway, $138,890,000; prosecuted thereon prior to approval of title; re- $1,473,795,000, to remain available for obligation SSGN (AP), $279,440,000; serve plant and Government and contractor- until September 30, 2004. NSSN, $1,608,914,000; owned equipment layaway; and other expenses NSSN (AP), $684,288,000; DEFENSE PRODUCTION ACT PURCHASES necessary for the foregoing purposes including For activities by the Department of Defense CVN Refuelings, $1,118,124,000; rents and transportation of things, CVN Refuelings (AP), $73,707,000; pursuant to sections 108, 301, 302, and 303 of the $10,617,332,000, to remain available for obliga- Submarine Refuelings, $382,265,000; Defense Production Act of 1950 (50 U.S.C. App. tion until September 30, 2004. Submarine Refuelings (AP), $77,750,000; 2078, 2091, 2092, and 2093), $15,000,000 to remain DDG–51 destroyer program, $2,966,036,000; MISSILE PROCUREMENT, AIR FORCE available until expended, of which, $3,000,000 Cruiser conversion (AP), $458,238,000; For construction, procurement, and modifica- may be used for a Processible Rigid-Rod Poly- LPD–17 (AP), $155,000,000; tion of missiles, spacecraft, rockets, and related meric Material Supplier Initiative under title III

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12783

of the Defense Production Act of 1950 (50 U.S.C. by section 11 of the Merchant Ship Sales Act of OFFICE OF THE INSPECTOR GENERAL App. 2091 et seq.) to develop affordable produc- 1946 (50 U.S.C. App. 1744), $407,408,000, to re- For expenses and activities of the Office of the tion methods and a domestic supplier for mili- main available until expended: Provided, That Inspector General in carrying out the provisions tary and commercial processible rigid-rod mate- none of the funds provided in this paragraph of the Inspector General Act of 1978, as amend- rials. shall be used to award a new contract that pro- ed, $152,021,000, of which $150,221,000 shall be NATIONAL GUARD AND RESERVE EQUIPMENT vides for the acquisition of any of the following for Operation and maintenance, of which not to For procurement of aircraft, missiles, tracked major components unless such components are exceed $700,000 is available for emergencies and combat vehicles, ammunition, other weapons, manufactured in the United States: auxiliary extraordinary expenses to be expended on the and other procurement for the reserve compo- equipment, including pumps, for all shipboard approval or authority of the Inspector General, nents of the Armed Forces, $560,505,000, to re- services; propulsion system components (that is; and payments may be made on the Inspector main available for obligation until September 30, engines, reduction gears, and propellers); ship- General’s certificate of necessity for confidential 2004: Provided, That the Chiefs of the Reserve board cranes; and spreaders for shipboard military purposes; and of which $1,800,000 to re- and National Guard components shall, not later cranes: Provided further, That the exercise of main available until September 30, 2004, shall be than 30 days after the enactment of this Act, in- an option in a contract awarded through the for Procurement. dividually submit to the congressional defense obligation of previously appropriated funds TITLE VII committees the modernization priority assess- shall not be considered to be the award of a new RELATED AGENCIES contract: Provided further, That the Secretary ment for their respective Reserve or National CENTRAL INTELLIGENCE AGENCY Guard component. of the military department responsible for such procurement may waive the restrictions in the CENTRAL INTELLIGENCE AGENCY RETIREMENT TITLE IV first proviso on a case-by-case basis by certi- AND DISABILITY SYSTEM FUND RESEARCH, DEVELOPMENT, TEST AND fying in writing to the Committees on Appro- For payment to the Central Intelligence Agen- EVALUATION priations of the House of Representatives and cy Retirement and Disability System Fund, to RESEARCH, DEVELOPMENT, TEST AND the Senate that adequate domestic supplies are maintain the proper funding level for con- EVALUATION, ARMY not available to meet Department of Defense re- tinuing the operation of the Central Intelligence Agency Retirement and Disability System, For expenses necessary for basic and applied quirements on a timely basis and that such an $212,000,000. scientific research, development, test and eval- acquisition must be made in order to acquire ca- uation, including maintenance, rehabilitation, pability for national security purposes. INTELLIGENCE COMMUNITY lease, and operation of facilities and equipment, TITLE VI MANAGEMENT ACCOUNT $6,742,123,000, to remain available for obligation INTELLIGENCE COMMUNITY MANAGEMENT OTHER DEPARTMENT OF DEFENSE until September 30, 2003. ACCOUNT PROGRAMS RESEARCH, DEVELOPMENT, TEST AND (INCLUDING TRANSFER OF FUNDS) EVALUATION, NAVY DEFENSE HEALTH PROGRAM For necessary expenses of the Intelligence For expenses necessary for basic and applied For expenses, not otherwise provided for, for Community Management Account, $144,776,000, scientific research, development, test and eval- medical and health care programs of the De- of which $28,003,000 for the Advanced Research uation, including maintenance, rehabilitation, partment of Defense, as authorized by law, and Development Committee shall remain avail- lease, and operation of facilities and equipment, $18,376,404,000, of which $17,656,185,000 shall be able until September 30, 2003: Provided, That of $10,742,710,000, to remain available for obliga- for Operation and maintenance, of which not to the funds appropriated under this heading, tion until September 30, 2003. exceed 2 percent shall remain available until $27,000,000 shall be transferred to the Depart- September 30, 2003; of which $267,915,000, to re- ment of Justice for the National Drug Intel- RESEARCH, DEVELOPMENT, TEST AND main available for obligation until September 30, ligence Center to support the Department of De- EVALUATION, AIR FORCE 2004, shall be for Procurement; of which fense’s counter-drug intelligence responsibilities, For expenses necessary for basic and applied $452,304,000, to remain available for obligation and of the said amount, $1,500,000 for Procure- scientific research, development, test and eval- until September 30, 2003, shall be for Research, ment shall remain available until September 30, uation, including maintenance, rehabilitation, development, test and evaluation. 2004, and $1,000,000 for Research, development, lease, and operation of facilities and equipment, test and evaluation shall remain available until $13,859,401,000, to remain available for obliga- CHEMICAL AGENTS AND MUNITIONS September 30, 2003: Provided further, That the tion until September 30, 2003. DESTRUCTION, ARMY National Drug Intelligence Center shall main- RESEARCH, DEVELOPMENT, TEST AND For expenses, not otherwise provided for, nec- tain the personnel and technical resources to EVALUATION, DEFENSE-WIDE essary for the destruction of the United States provide timely support to law enforcement au- For expenses of activities and agencies of the stockpile of lethal chemical agents and muni- thorities to conduct document exploitation of Department of Defense (other than the military tions in accordance with the provisions of sec- materials collected in Federal, State, and local departments), necessary for basic and applied tion 1412 of the Department of Defense Author- law enforcement activity. scientific research, development, test and eval- ization Act, 1986 (50 U.S.C. 1521), and for the PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, uation; advanced research projects as may be destruction of other chemical warfare materials REMEDIATION, AND ENVIRONMENTAL RESTORA- designated and determined by the Secretary of that are not in the chemical weapon stockpile, TION FUND Defense, pursuant to law; maintenance, reha- $1,104,557,000, of which $739,020,000 shall be for For payment to Kaho’olawe Island Convey- bilitation, lease, and operation of facilities and Operation and maintenance to remain available ance, Remediation, and Environmental Restora- equipment, $14,445,589,000, to remain available until September 30, 2003, $164,158,000 shall be for tion Fund, as authorized by law, $75,000,000, to for obligation until September 30, 2003. Procurement to remain available until Sep- remain available until expended. tember 30, 2004, and $201,379,000 shall be for Re- OPERATIONAL TEST AND EVALUATION, DEFENSE NATIONAL SECURITY EDUCATION TRUST FUND search, development, test and evaluation to re- For expenses, not otherwise provided for, nec- main available until September 30, 2003. For the purposes of title VIII of Public Law essary for the independent activities of the Di- 102–183, $8,000,000, to be derived from the Na- rector, Operational Test and Evaluation in the DRUG INTERDICTION AND COUNTER-DRUG tional Security Education Trust Fund, to re- direction and supervision of operational test ACTIVITIES, DEFENSE main available until expended. and evaluation, including initial operational (INCLUDING TRANSFER OF FUNDS) TITLE VIII test and evaluation which is conducted prior to, For drug interdiction and counter-drug activi- GENERAL PROVISIONS—DEPARTMENT OF and in support of, production decisions; joint ties of the Department of Defense, for transfer DEFENSE operational testing and evaluation; and admin- to appropriations available to the Department of SEC. 8001. No part of any appropriation con- istrative expenses in connection therewith, Defense for military personnel of the reserve tained in this Act shall be used for publicity or $216,855,000, to remain available for obligation components serving under the provisions of title propaganda purposes not authorized by the until September 30, 2003. 10 and title 32, United States Code; for Oper- Congress. TITLE V ation and maintenance; for Procurement; and SEC. 8002. During the current fiscal year, pro- REVOLVING AND MANAGEMENT FUNDS for Research, development, test and evaluation, visions of law prohibiting the payment of com- DEFENSE WORKING CAPITAL FUNDS $865,981,000: Provided, That the funds appro- pensation to, or employment of, any person not priated under this heading shall be available for a citizen of the United States shall not apply to For the Defense Working Capital Funds; obligation for the same time period and for the personnel of the Department of Defense: Pro- $1,826,986,000: Provided, That during fiscal year same purpose as the appropriation to which vided, That salary increases granted to direct 2002, funds in the Defense Working Capital transferred: Provided further, That upon a de- and indirect hire foreign national employees of Funds may be used for the purchase of not to termination that all or part of the funds trans- the Department of Defense funded by this Act exceed 330 passenger carrying motor vehicles for ferred from this appropriation are not necessary shall not be at a rate in excess of the percentage replacement only for the Defense Security Serv- for the purposes provided herein, such amounts increase authorized by law for civilian employ- ice. may be transferred back to this appropriation: ees of the Department of Defense whose pay is NATIONAL DEFENSE SEALIFT FUND Provided further, That the transfer authority computed under the provisions of section 5332 of For National Defense Sealift Fund programs, provided under this heading is in addition to title 5, United States Code, or at a rate in excess projects, and activities, and for expenses of the any other transfer authority contained else- of the percentage increase provided by the ap- National Defense Reserve Fleet, as established where in this Act. propriate host nation to its own employees,

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 S12784 CONGRESSIONAL RECORD — SENATE December 10, 2001

whichever is higher: Provided further, That this SEC. 8008. None of the funds provided in this this Act shall be used by the Department of De- section shall not apply to Department of De- Act shall be available to initiate: (1) a multiyear fense to exceed, outside the 50 United States, its fense foreign service national employees serving contract that employs economic order quantity territories, and the District of Columbia, 125,000 at United States diplomatic missions whose pay procurement in excess of $20,000,000 in any 1 civilian workyears: Provided, That workyears is set by the Department of State under the For- year of the contract or that includes an un- shall be applied as defined in the Federal Per- eign Service Act of 1980: Provided further, That funded contingent liability in excess of sonnel Manual: Provided further, That the limitations of this provision shall not apply $20,000,000; or (2) a contract for advance pro- workyears expended in dependent student hir- to foreign national employees of the Department curement leading to a multiyear contract that ing programs for disadvantaged youths shall of Defense in the Republic of Turkey. employs economic order quantity procurement in not be included in this workyear limitation. SEC. 8003. No part of any appropriation con- excess of $20,000,000 in any 1 year, unless the SEC. 8012. None of the funds made available tained in this Act shall remain available for ob- congressional defense committees have been no- by this Act shall be used in any way, directly or ligation beyond the current fiscal year, unless tified at least 30 days in advance of the pro- indirectly, to influence congressional action on expressly so provided herein. posed contract award: Provided, That no part of any legislation or appropriation matters pend- SEC. 8004. No more than 20 percent of the ap- any appropriation contained in this Act shall be ing before the Congress. propriations in this Act which are limited for available to initiate a multiyear contract for SEC. 8013. None of the funds appropriated by obligation during the current fiscal year shall be which the economic order quantity advance pro- this Act shall be available for the basic pay and obligated during the last 2 months of the fiscal curement is not funded at least to the limits of allowances of any member of the Army partici- year: Provided, That this section shall not apply the Government’s liability: Provided further, pating as a full-time student and receiving bene- to obligations for support of active duty training That no part of any appropriation contained in fits paid by the Secretary of Veterans Affairs of reserve components or summer camp training this Act shall be available to initiate multiyear from the Department of Defense Education Ben- of the Reserve Officers’ Training Corps. procurement contracts for any systems or com- efits Fund when time spent as a full-time stu- (TRANSFER OF FUNDS) ponent thereof if the value of the multiyear con- dent is credited toward completion of a service SEC. 8005. Upon determination by the Sec- tract would exceed $500,000,000 unless specifi- commitment: Provided, That this subsection retary of Defense that such action is necessary cally provided in this Act: Provided further, shall not apply to those members who have re- in the national interest, he may, with the ap- That no multiyear procurement contract can be enlisted with this option prior to October 1, 1987: proval of the Office of Management and Budget, terminated without 10-day prior notification to Provided further, That this subsection applies transfer not to exceed $1,500,000,000 of working the congressional defense committees: Provided only to active components of the Army. capital funds of the Department of Defense or further, That the execution of multiyear author- SEC. 8014. None of the funds appropriated by funds made available in this Act to the Depart- ity shall require the use of a present value anal- this Act shall be available to convert to con- ment of Defense for military functions (except ysis to determine lowest cost compared to an an- tractor performance an activity or function of military construction) between such appropria- nual procurement. the Department of Defense that, on or after the tions or funds or any subdivision thereof, to be Funds appropriated in title III of this Act may date of the enactment of this Act, is performed merged with and to be available for the same be used for multiyear procurement contracts as by more than 10 Department of Defense civilian purposes, and for the same time period, as the follows: employees until a most efficient and cost-effec- appropriation or fund to which transferred: C–17; and tive organization analysis is completed on such Provided, That such authority to transfer may F/A–18E and F engine. activity or function and certification of the SEC. 8009. Within the funds appropriated for not be used unless for higher priority items, analysis is made to the Committees on Appro- the operation and maintenance of the Armed based on unforeseen military requirements, than priations of the House of Representatives and Forces, funds are hereby appropriated pursuant those for which originally appropriated and in the Senate: Provided, That this section and sub- to section 401 of title 10, United States Code, for no case where the item for which funds are re- sections (a), (b), and (c) of 10 U.S.C. 2461 shall humanitarian and civic assistance costs under quested has been denied by the Congress: Pro- not apply to a commercial or industrial type chapter 20 of title 10, United States Code. Such vided further, That the Secretary of Defense function of the Department of Defense that: (1) funds may also be obligated for humanitarian shall notify the Congress promptly of all trans- is included on the procurement list established and civic assistance costs incidental to author- fers made pursuant to this authority or any pursuant to section 2 of the Act of June 25, 1938 ized operations and pursuant to authority other authority in this Act: Provided further, (41 U.S.C. 47), popularly referred to as the Jav- granted in section 401 of chapter 20 of title 10, That no part of the funds in this Act shall be its-Wagner-O’Day Act; (2) is planned to be con- United States Code, and these obligations shall available to prepare or present a request to the verted to performance by a qualified nonprofit be reported to the Congress on September 30 of Committees on Appropriations for reprogram- agency for the blind or by a qualified nonprofit each year: Provided, That funds available for ming of funds, unless for higher priority items, agency for other severely handicapped individ- operation and maintenance shall be available based on unforeseen military requirements, than uals in accordance with that Act; or (3) is for providing humanitarian and similar assist- those for which originally appropriated and in planned to be converted to performance by a ance by using Civic Action Teams in the Trust no case where the item for which reprogramming qualified firm under 51 percent ownership by an Territories of the Pacific Islands and freely as- is requested has been denied by the Congress: Indian tribe, as defined in section 450b(e) of title sociated states of Micronesia, pursuant to the Provided further, That a request for multiple 25, United States Code, or a Native Hawaiian Compact of Free Association as authorized by reprogrammings of funds using authority pro- organization, as defined in section 637(a)(15) of Public Law 99–239: Provided further, That upon vided in this section must be made prior to title 15, United States Code. a determination by the Secretary of the Army March 31, 2002. that such action is beneficial for graduate med- (TRANSFER OF FUNDS) (TRANSFER OF FUNDS) ical education programs conducted at Army SEC. 8015. Funds appropriated in title III of SEC. 8006. During the current fiscal year, cash medical facilities located in Hawaii, the Sec- this Act for the Department of Defense Pilot balances in working capital funds of the De- retary of the Army may authorize the provision Mentor-Protege Program may be transferred to partment of Defense established pursuant to sec- of medical services at such facilities and trans- any other appropriation contained in this Act tion 2208 of title 10, United States Code, may be portation to such facilities, on a nonreimburs- solely for the purpose of implementing a Men- maintained in only such amounts as are nec- able basis, for civilian patients from American tor-Protege Program developmental assistance essary at any time for cash disbursements to be Samoa, the Commonwealth of the Northern agreement pursuant to section 831 of the Na- made from such funds: Provided, That transfers Mariana Islands, the Marshall Islands, the Fed- tional Defense Authorization Act for Fiscal may be made between such funds: Provided fur- erated States of Micronesia, Palau, and Guam. Year 1991 (Public Law 101–510; 10 U.S.C. 2301 ther, That transfers may be made between work- SEC. 8010. (a) During fiscal year 2002, the ci- note), as amended, under the authority of this ing capital funds and the ‘‘Foreign Currency vilian personnel of the Department of Defense provision or any other transfer authority con- Fluctuations, Defense’’ appropriation and the may not be managed on the basis of any end- tained in this Act. ‘‘Operation and Maintenance’’ appropriation strength, and the management of such per- SEC. 8016. None of the funds in this Act may accounts in such amounts as may be determined sonnel during that fiscal year shall not be sub- be available for the purchase by the Department by the Secretary of Defense, with the approval ject to any constraint or limitation (known as of Defense (and its departments and agencies) of of the Office of Management and Budget, except an end-strength) on the number of such per- welded shipboard anchor and mooring chain 4 that such transfers may not be made unless the sonnel who may be employed on the last day of inches in diameter and under unless the anchor Secretary of Defense has notified the Congress such fiscal year. and mooring chain are manufactured in the of the proposed transfer. Except in amounts (b) The fiscal year 2003 budget request for the United States from components which are sub- equal to the amounts appropriated to working Department of Defense as well as all justifica- stantially manufactured in the United States: capital funds in this Act, no obligations may be tion material and other documentation sup- Provided, That for the purpose of this section made against a working capital fund to procure porting the fiscal year 2002 Department of De- manufactured will include cutting, heat treat- or increase the value of war reserve material in- fense budget request shall be prepared and sub- ing, quality control, testing of chain and weld- ventory, unless the Secretary of Defense has no- mitted to the Congress as if subsections (a) and ing (including the forging and shot blasting tified the Congress prior to any such obligation. (b) of this provision were effective with regard process): Provided further, That for the purpose SEC. 8007. Funds appropriated by this Act to fiscal year 2003. of this section substantially all of the compo- may not be used to initiate a special access pro- (c) Nothing in this section shall be construed nents of anchor and mooring chain shall be con- gram without prior notification 30 calendar to apply to military (civilian) technicians. sidered to be produced or manufactured in the days in session in advance to the congressional SEC. 8011. Notwithstanding any other provi- United States if the aggregate cost of the compo- defense committees. sion of law, none of the funds made available by nents produced or manufactured in the United

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12785 States exceeds the aggregate cost of the compo- function of the Department of Defense into or craft, during fiscal year 2002: Provided further, nents produced or manufactured outside the within the National Capital Region: Provided, That the Secretary of Defense shall include in United States: Provided further, That when That the Secretary of Defense may waive this the Air Force budget request for fiscal year 2003 adequate domestic supplies are not available to restriction on a case-by-case basis by certifying amounts sufficient to maintain a B–52 force to- meet Department of Defense requirements on a in writing to the congressional defense commit- taling 94 aircraft. timely basis, the Secretary of the service respon- tees that such a relocation is required in the SEC. 8028. (a) Of the funds for the procure- sible for the procurement may waive this restric- best interest of the Government. ment of supplies or services appropriated by this tion on a case-by-case basis by certifying in SEC. 8022. In addition to the funds provided Act, qualified nonprofit agencies for the blind or writing to the Committees on Appropriations elsewhere in this Act, $8,000,000 is appropriated other severely handicapped shall be afforded the that such an acquisition must be made in order only for incentive payments authorized by sec- maximum practicable opportunity to participate to acquire capability for national security pur- tion 504 of the Indian Financing Act of 1974 (25 as subcontractors and suppliers in the perform- poses. U.S.C. 1544): Provided, That a subcontractor at ance of contracts let by the Department of De- SEC. 8017. None of the funds appropriated by any tier shall be considered a contractor for the fense. this Act available for the Civilian Health and purposes of being allowed additional compensa- (b) During the current fiscal year, a business Medical Program of the Uniformed Services tion under section 504 of the Indian Financing concern which has negotiated with a military (CHAMPUS) or TRICARE shall be available for Act of 1974 (25 U.S.C. 1544). service or defense agency a subcontracting plan the reimbursement of any health care provider SEC. 8023. During the current fiscal year and for the participation by small business concerns for inpatient mental health service for care re- hereafter, funds appropriated or otherwise pursuant to section 8(d) of the Small Business ceived when a patient is referred to a provider available for any Federal agency, the Congress, Act (15 U.S.C. 637(d)) shall be given credit to- of inpatient mental health care or residential the judicial branch, or the District of Columbia ward meeting that subcontracting goal for any treatment care by a medical or health care pro- may be used for the pay, allowances, and bene- purchases made from qualified nonprofit agen- fessional having an economic interest in the fa- fits of an employee as defined by section 2105 of cies for the blind or other severely handicapped. cility to which the patient is referred: Provided, title 5, United States Code, or an individual em- (c) For the purpose of this section, the phrase That this limitation does not apply in the case ployed by the government of the District of Co- ‘‘qualified nonprofit agency for the blind or of inpatient mental health services provided lumbia, permanent or temporary indefinite, other severely handicapped’’ means a nonprofit under the program for persons with disabilities who— agency for the blind or other severely handi- under subsection (d) of section 1079 of title 10, (1) is a member of a Reserve component of the capped that has been approved by the Com- United States Code, provided as partial hospital Armed Forces, as described in section 10101 of mittee for the Purchase from the Blind and care, or provided pursuant to a waiver author- title 10, United States Code, or the National Other Severely Handicapped under the Javits- ized by the Secretary of Defense because of med- Guard, as described in section 101 of title 32, Wagner-O’Day Act (41 U.S.C. 46–48). ical or psychological circumstances of the pa- United States Code; SEC. 8029. During the current fiscal year, net tient that are confirmed by a health professional (2) performs, for the purpose of providing mili- receipts pursuant to collections from third party who is not a Federal employee after a review, tary aid to enforce the law or providing assist- payers pursuant to section 1095 of title 10, pursuant to rules prescribed by the Secretary, ance to civil authorities in the protection or sav- United States Code, shall be made available to which takes into account the appropriate level ing of life or property or prevention of injury— the local facility of the uniformed services re- of care for the patient, the intensity of services (A) Federal service under sections 331, 332, sponsible for the collections and shall be over required by the patient, and the availability of 333, or 12406 of title 10, United States Code, or and above the facility’s direct budget amount. SEC. 8030. During the current fiscal year, the that care. other provision of law, as applicable; or SEC. 8018. Funds available in this Act and Department of Defense is authorized to incur (B) full-time military service for his or her hereafter may be used to provide transportation obligations of not to exceed $350,000,000 for pur- State, the District of Columbia, the Common- for the next-of-kin of individuals who have been poses specified in section 2350j(c) of title 10, wealth of Puerto Rico, or a territory of the prisoners of war or missing in action from the United States Code, in anticipation of receipt of United States; and Vietnam era to an annual meeting in the United contributions, only from the Government of Ku- (3) requests and is granted— States, under such regulations as the Secretary wait, under that section: Provided, That upon (A) leave under the authority of this section; of Defense may prescribe. receipt, such contributions from the Government or SEC. 8019. Notwithstanding any other provi- of Kuwait shall be credited to the appropria- (B) annual leave, which may be granted with- sion of law, during the current fiscal year, the tions or fund which incurred such obligations. out regard to the provisions of sections 5519 and Secretary of Defense may, by executive agree- SEC. 8031. Of the funds made available in this 6323(b) of title 5, United States Code, if such em- ment, establish with host nation governments in Act, not less than $24,303,000 shall be available ployee is otherwise entitled to such annual NATO member states a separate account into for the Civil Air Patrol Corporation, of which leave: which such residual value amounts negotiated $22,803,000 shall be available for Civil Air Patrol in the return of United States military installa- Provided, That any employee who requests leave Corporation operation and maintenance to sup- tions in NATO member states may be deposited, under subsection (3)(A) for service described in port readiness activities which includes in the currency of the host nation, in lieu of di- subsection (2) of this section is entitled to such $1,500,000 for the Civil Air Patrol counterdrug rect monetary transfers to the United States leave, subject to the provisions of this section program: Provided, That funds identified for Treasury: Provided, That such credits may be and of the last sentence of section 6323(b) of title ‘‘Civil Air Patrol’’ under this section are in- utilized only for the construction of facilities to 5, United States Code, and such leave shall be tended for and shall be for the exclusive use of support United States military forces in that considered leave under section 6323(b) of title 5, the Civil Air Patrol Corporation and not for the host nation, or such real property maintenance United States Code. Air Force or any unit thereof. and base operating costs that are currently exe- SEC. 8024. None of the funds appropriated by SEC. 8032. (a) None of the funds appropriated cuted through monetary transfers to such host this Act shall be available to perform any cost in this Act are available to establish a new De- nations: Provided further, That the Department study pursuant to the provisions of OMB Cir- partment of Defense (department) federally of Defense’s budget submission for fiscal year cular A–76 if the study being performed exceeds funded research and development center 2002 shall identify such sums anticipated in re- a period of 24 months after initiation of such (FFRDC), either as a new entity, or as a sepa- sidual value settlements, and identify such con- study with respect to a single function activity rate entity administrated by an organization struction, real property maintenance or base op- or 48 months after initiation of such study for a managing another FFRDC, or as a nonprofit erating costs that shall be funded by the host multi-function activity. membership corporation consisting of a consor- nation through such credits: Provided further, SEC. 8025. Funds appropriated by this Act for tium of other FFRDCs and other non-profit en- That all military construction projects to be exe- the American Forces Information Service shall tities. cuted from such accounts must be previously ap- not be used for any national or international (b) No member of a Board of Directors, Trust- proved in a prior Act of Congress: Provided fur- political or psychological activities. ees, Overseers, Advisory Group, Special Issues ther, That each such executive agreement with SEC. 8026. Notwithstanding any other provi- Panel, Visiting Committee, or any similar entity a NATO member host nation shall be reported to sion of law or regulation, the Secretary of De- of a defense FFRDC, and no paid consultant to the congressional defense committees, the Com- fense may adjust wage rates for civilian employ- any defense FFRDC, except when acting in a mittee on International Relations of the House ees hired for certain health care occupations as technical advisory capacity, may be com- of Representatives and the Committee on For- authorized for the Secretary of Veterans Affairs pensated for his or her services as a member of eign Relations of the Senate 30 days prior to the by section 7455 of title 38, United States Code. such entity, or as a paid consultant by more conclusion and endorsement of any such agree- SEC. 8027. Of the funds made available in this than one FFRDC in a fiscal year: Provided, ment established under this provision. Act, not less than $61,100,000 shall be available That a member of any such entity referred to SEC. 8020. None of the funds available to the to maintain an attrition reserve force of 18 B–52 previously in this subsection shall be allowed Department of Defense may be used to demili- aircraft, of which $3,300,000 shall be available travel expenses and per diem as authorized tarize or dispose of M–1 Carbines, M–1 Garand from ‘‘Military Personnel, Air Force’’, under the Federal Joint Travel Regulations, rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- $37,400,000 shall be available from ‘‘Operation when engaged in the performance of member- fles, or M–1911 pistols. and Maintenance, Air Force’’, and $20,400,000 ship duties. SEC. 8021. No more than $500,000 of the funds shall be available from ‘‘Aircraft Procurement, (c) Notwithstanding any other provision of appropriated or made available in this Act shall Air Force’’: Provided, That the Secretary of the law, none of the funds available to the depart- be used during a single fiscal year for any single Air Force shall maintain a total force of 94 B– ment from any source during fiscal year 2002 relocation of an organization, unit, activity or 52 aircraft, including 18 attrition reserve air- may be used by a defense FFRDC, through a fee

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.001 pfrm01 PsN: S10PT1 S12786 CONGRESSIONAL RECORD — SENATE December 10, 2001

or other payment mechanism, for construction (2) An agreement referred to in paragraph (1) (c) RESOLUTION OF HOUSING UNIT CON- of new buildings, for payment of cost sharing is any reciprocal defense procurement memo- FLICTS.—The Operation Walking Shield program for projects funded by Government grants, for randum of understanding, between the United shall resolve any conflicts among requests of In- absorption of contract overruns, or for certain States and a foreign country pursuant to which dian tribes for housing units under subsection charitable contributions, not to include em- the Secretary of Defense has prospectively (a) before submitting requests to the Secretary of ployee participation in community service and/ waived the Buy American Act for certain prod- the Air Force under subsection (b). or development. ucts in that country. (d) INDIAN TRIBE DEFINED.—In this section, (d) Notwithstanding any other provision of (b) The Secretary of Defense shall submit to the term ‘‘Indian tribe’’ means any recognized law, of the funds available to the department the Congress a report on the amount of Depart- Indian tribe included on the current list pub- during fiscal year 2002, not more than 6,227 staff ment of Defense purchases from foreign entities lished by the Secretary of the Interior under sec- years of technical effort (staff years) may be in fiscal year 2001. Such report shall separately tion 104 of the Federally Recognized Indian funded for defense FFRDCs: Provided, That of indicate the dollar value of items for which the Tribe Act of 1994 (Public Law 103–454; 108 Stat. the specific amount referred to previously in this Buy American Act was waived pursuant to any 4792; 25 U.S.C. 479a–1). subsection, not more than 1,029 staff years may agreement described in subsection (a)(2), the SEC. 8043. During the current fiscal year, ap- be funded for the defense studies and analysis Trade Agreement Act of 1979 (19 U.S.C. 2501 et propriations which are available to the Depart- FFRDCs. seq.), or any international agreement to which ment of Defense for operation and maintenance (e) The Secretary of Defense shall, with the the United States is a party. may be used to purchase items having an invest- submission of the department’s fiscal year 2003 (c) For purposes of this section, the term ‘‘Buy ment item unit cost of not more than $100,000. budget request, submit a report presenting the American Act’’ means title III of the Act entitled SEC. 8044. (a) During the current fiscal year, specific amounts of staff years of technical ef- ‘‘An Act making appropriations for the Treas- none of the appropriations or funds available to fort to be allocated for each defense FFRDC ury and Post Office Departments for the fiscal the Department of Defense Working Capital during that fiscal year. year ending June 30, 1934, and for other pur- Funds shall be used for the purchase of an in- (f) Notwithstanding any other provision of poses’’, approved March 3, 1933 (41 U.S.C. 10a et vestment item for the purpose of acquiring a this Act, the total amount appropriated in this seq.). new inventory item for sale or anticipated sale Act for FFRDCs is hereby reduced by SEC. 8037. Appropriations contained in this during the current fiscal year or a subsequent $60,000,000. Act that remain available at the end of the cur- fiscal year to customers of the Department of SEC. 8033. None of the funds appropriated or rent fiscal year as a result of energy cost sav- Defense Working Capital Funds if such an item made available in this Act shall be used to pro- ings realized by the Department of Defense shall would not have been chargeable to the Depart- cure carbon, alloy or armor steel plate for use in remain available for obligation for the next fis- ment of Defense Business Operations Fund dur- any Government-owned facility or property cal year to the extent, and for the purposes, pro- ing fiscal year 1994 and if the purchase of such under the control of the Department of Defense vided in section 2865 of title 10, United States an investment item would be chargeable during which were not melted and rolled in the United Code. the current fiscal year to appropriations made States or Canada: Provided, That these procure- (INCLUDING TRANSFER OF FUNDS) to the Department of Defense for procurement. ment restrictions shall apply to any and all Fed- SEC. 8038. Amounts deposited during the cur- (b) The fiscal year 2003 budget request for the eral Supply Class 9515, American Society of rent fiscal year to the special account estab- Department of Defense as well as all justifica- Testing and Materials (ASTM) or American Iron lished under 40 U.S.C. 485(h)(2) and to the spe- tion material and other documentation sup- and Steel Institute (AISI) specifications of car- cial account established under 10 U.S.C. porting the fiscal year 2003 Department of De- bon, alloy or armor steel plate: Provided further, 2667(d)(1) are appropriated and shall be avail- fense budget shall be prepared and submitted to That the Secretary of the military department able until transferred by the Secretary of De- the Congress on the basis that any equipment responsible for the procurement may waive this fense to current applicable appropriations or which was classified as an end item and funded restriction on a case-by-case basis by certifying funds of the Department of Defense under the in a procurement appropriation contained in in writing to the Committees on Appropriations terms and conditions specified by 40 U.S.C. this Act shall be budgeted for in a proposed fis- of the House of Representatives and the Senate 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), cal year 2003 procurement appropriation and that adequate domestic supplies are not avail- to be merged with and to be available for the not in the supply management business area or able to meet Department of Defense require- same time period and the same purposes as the any other area or category of the Department of ments on a timely basis and that such an acqui- appropriation to which transferred. Defense Working Capital Funds. sition must be made in order to acquire capa- SEC. 8039. The Under Secretary of Defense SEC. 8045. None of the funds appropriated by bility for national security purposes: Provided (Comptroller) shall submit to the congressional this Act for programs of the Central Intelligence further, That these restrictions shall not apply defense committees by February 1, 2002, a de- Agency shall remain available for obligation be- to contracts which are in being as of the date of tailed report identifying, by amount and by sep- yond the current fiscal year, except for funds the enactment of this Act. arate budget activity, activity group, subactivity appropriated for the Reserve for Contingencies, SEC. 8034. For the purposes of this Act, the group, line item, program element, program, which shall remain available until September 30, term ‘‘congressional defense committees’’ means project, subproject, and activity, any activity 2003: Provided, That funds appropriated, trans- the Armed Services Committee of the House of for which the fiscal year 2003 budget request ferred, or otherwise credited to the Central In- Representatives, the Armed Services Committee was reduced because the Congress appropriated telligence Agency Central Services Working of the Senate, the Subcommittee on Defense of funds above the President’s budget request for Capital Fund during this or any prior or subse- the Committee on Appropriations of the Senate, that specific activity for fiscal year 2002. quent fiscal year shall remain available until ex- and the Subcommittee on Defense of the Com- SEC. 8040. Notwithstanding any other provi- pended. mittee on Appropriations of the House of Rep- sion of law, funds available for ‘‘Drug Interdic- SEC. 8046. Notwithstanding any other provi- resentatives. tion and Counter-Drug Activities, Defense’’ may sion of law, funds made available in this Act for SEC. 8035. During the current fiscal year, the be obligated for the Young Marines program. the Defense Intelligence Agency may be used for Department of Defense may acquire the modi- (INCLUDING TRANSFER OF FUNDS) the design, development, and deployment of fication, depot maintenance and repair of air- SEC. 8041. During the current fiscal year, General Defense Intelligence Program intel- craft, vehicles and vessels as well as the produc- amounts contained in the Department of De- ligence communications and intelligence infor- tion of components and other Defense-related fense Overseas Military Facility Investment Re- mation systems for the Services, the Unified and articles, through competition between Depart- covery Account established by section 2921(c)(1) Specified Commands, and the component comment of Defense depot maintenance activities of the National Defense Authorization Act of mands. and private firms: Provided, That the Senior Ac- 1991 (Public Law 101–510; 10 U.S.C. 2687 note) SEC. 8047. Of the funds appropriated by the quisition Executive of the military department shall be available until expended for the pay- Department of Defense under the heading ‘‘Op- or defense agency concerned, with power of del- ments specified by section 2921(c)(2) of that Act. eration and Maintenance, Defense-Wide’’, not egation, shall certify that successful bids in- SEC. 8042. (a) IN GENERAL.—Notwithstanding less than $10,000,000 shall be made available clude comparable estimates of all direct and in- any other provision of law, the Secretary of the only for the mitigation of environmental im- direct costs for both public and private bids: Air Force may convey at no cost to the Air pacts, including training and technical assist- Provided further, That Office of Management Force, without consideration, to Indian tribes ance to tribes, related administrative support, and Budget Circular A–76 shall not apply to located in the States of North Dakota, South the gathering of information, documenting of competitions conducted under this section. Dakota, Montana, and Minnesota relocatable environmental damage, and developing a system SEC. 8036. (a)(1) If the Secretary of Defense, military housing units located at Grand Forks for prioritization of mitigation and cost to com- after consultation with the United States Trade Air Force Base and Minot Air Force Base that plete estimates for mitigation, on Indian lands Representative, determines that a foreign coun- are excess to the needs of the Air Force. resulting from Department of Defense activities. try which is party to an agreement described in (b) PROCESSING OF REQUESTS.—The Secretary SEC. 8048. Amounts collected for the use of the paragraph (2) has violated the terms of the of the Air Force shall convey, at no cost to the facilities of the National Science Center for agreement by discriminating against certain Air Force, military housing units under sub- Communications and Electronics during the cur- types of products produced in the United States section (a) in accordance with the request for rent fiscal year and hereafter pursuant to sec- that are covered by the agreement, the Secretary such units that are submitted to the Secretary tion 1459(g) of the Department of Defense Au- of Defense shall rescind the Secretary’s blanket by the Operation Walking Shield Program on thorization Act, 1986, and deposited to the spe- waiver of the Buy American Act with respect to behalf of Indian tribes located in the States of cial account established under subsection such types of products produced in that foreign North Dakota, South Dakota, Montana, and 1459(g)(2) of that Act are appropriated and shall country. Minnesota. be available until expended for the operation

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.002 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12787 and maintenance of the Center as provided for (c) This section does not apply to field oper- and Joint Intelligence Activities, including the in subsection 1459(g)(2). ating agencies funded within the National For- activities and programs included within the Na- (TRANSFER OF FUNDS) eign Intelligence Program. tional Foreign Intelligence Program (NFIP), the SEC. 8049. In addition to the amounts appro- SEC. 8053. During the current fiscal year and Joint Military Intelligence Program (JMIP), and priated elsewhere in this Act, $10,000,000 is here- hereafter, funds appropriated or made available the Tactical Intelligence and Related Activities by appropriated to the Department of Defense: by the transfer of funds in this or subsequent (TIARA) aggregate: Provided, That nothing in Provided, That at the direction of the Assistant Appropriations Acts, for intelligence activities this section authorizes deviation from estab- Secretary of Defense for Reserve Affairs, these are deemed to be specifically authorized by the lished Reserve and National Guard personnel funds shall be transferred to the Reserve compo- Congress for purposes of section 504 of the Na- and training procedures. nent personnel accounts in Title I of this Act: tional Security Act of 1947 (50 U.S.C. 414) until SEC. 8060. Notwithstanding any other provi- Provided further, That these funds shall be used the enactment of the Intelligence Authorization sion of law, that not more than 35 percent of for incentive and bonus programs that address Act for that fiscal year and funds appropriated funds provided in this Act, for environmental the most pressing recruitment and retention or made available by transfer of funds in any remediation may be obligated under indefinite issues in the Reserve components. subsequent Supplemental Appropriations Act delivery/indefinite quantity contracts with a SEC. 8050. (a) None of the funds appropriated enacted after the enactment of the Intelligence total contract value of $130,000,000 or higher. in this Act may be expended by an entity of the Authorization Act for that fiscal year are SEC. 8061. Of the funds made available under Department of Defense unless the entity, in ex- deemed to be specifically authorized by the Con- the heading ‘‘Operation and Maintenance, Air pending the funds, complies with the Buy Amer- gress for purposes of section 504 of the National Force’’, $12,000,000 shall be available to realign ican Act. For purposes of this subsection, the Security Act of 1947 (50 U.S.C. 414). railroad track on Elmendorf Air Force Base and term ‘‘Buy American Act’’ means title III of the SEC. 8054. Notwithstanding section 303 of Pub- Fort Richardson. Act entitled ‘‘An Act making appropriations for lic Law 96–487 or any other provision of law, the SEC. 8062. (a) None of the funds available to the Treasury and Post Office Departments for Secretary of the Navy is authorized to lease real the Department of Defense for any fiscal year the fiscal year ending June 30, 1934, and for and personal property at Naval Air Facility, for drug interdiction or counter-drug activities other purposes’’, approved March 3, 1933 (41 Adak, Alaska, pursuant to 10 U.S.C. 2667(f ), for may be transferred to any other department or U.S.C. 10a et seq.). commercial, industrial or other purposes: Pro- agency of the United States except as specifi- (b) If the Secretary of Defense determines that vided, That notwithstanding any other provi- cally provided in an appropriations law. a person has been convicted of intentionally sion of law, the Secretary of the Navy may re- (b) None of the funds available to the Central affixing a label bearing a ‘‘Made in America’’ move hazardous materials from facilities, build- Intelligence Agency for any fiscal year for drug inscription to any product sold in or shipped to ings, and structures at Adak, Alaska, and may interdiction and counter-drug activities may be the United States that is not made in America, demolish or otherwise dispose of such facilities, transferred to any other department or agency the Secretary shall determine, in accordance buildings, and structures. of the United States except as specifically provided in an appropriations law. with section 2410f of title 10, United States Code, (RESCISSIONS) (TRANSFER OF FUNDS) whether the person should be debarred from SEC. 8055. Of the funds provided in Depart- SEC. 8063. Appropriations available in this Act contracting with the Department of Defense. ment of Defense Appropriations Acts, the fol- (c) In the case of any equipment or products under the heading ‘‘Operation and Mainte- lowing funds are hereby rescinded as of the date purchased with appropriations provided under nance, Defense-Wide’’ for increasing energy and of the enactment of this Act from the following this Act, it is the sense of the Congress that any water efficiency in Federal buildings may, dur- accounts in the specified amounts: entity of the Department of Defense, in expend- ing their period of availability, be transferred to ‘‘Aircraft Procurement, Army, 2001/2003’’, ing the appropriation, purchase only American- other appropriations or funds of the Department $15,500,000; made equipment and products, provided that of Defense for projects related to increasing en- ‘‘Aircraft Procurement, Air Force, 2001/2003’’, American-made equipment and products are ergy and water efficiency, to be merged with $43,983,000; cost-competitive, quality-competitive, and avail- and to be available for the same general pur- ‘‘Missile Procurement, Air Force, 2001/2003’’, able in a timely fashion. poses, and for the same time period, as the ap- $58,550,000; SEC. 8051. None of the funds appropriated by propriation or fund to which transferred. ‘‘Procurement, Defense-Wide, 2001/2003’’, this Act shall be available for a contract for SEC. 8064. None of the funds made available in $64,170,000; studies, analysis, or consulting services entered this Act may be used for the procurement of ball ‘‘Research, Development, Test and Evalua- into without competition on the basis of an un- and roller bearings other than those produced tion, Air Force, 2001/2002’’, $13,450,000; and solicited proposal unless the head of the activity by a domestic source and of domestic origin: ‘‘Research, Development, Test and Evalua- responsible for the procurement determines— Provided, That the Secretary of the military de- (1) as a result of thorough technical evaluation, Defense-Wide, 2001/2002’’, $5,664,000. partment responsible for such procurement may tion, only one source is found fully qualified to SEC. 8056. None of the funds available in this waive this restriction on a case-by-case basis by perform the proposed work; Act may be used to reduce the authorized posi- certifying in writing to the Committees on Ap- (2) the purpose of the contract is to explore an tions for military (civilian) technicians of the propriations of the House of Representatives unsolicited proposal which offers significant sci- Army National Guard, the Air National Guard, and the Senate, that adequate domestic supplies entific or technological promise, represents the Army Reserve and Air Force Reserve for the are not available to meet Department of Defense product of original thinking, and was submitted purpose of applying any administratively im- requirements on a timely basis and that such an in confidence by one source; or posed civilian personnel ceiling, freeze, or reduc- acquisition must be made in order to acquire ca- (3) the purpose of the contract is to take ad- tion on military (civilian) technicians, unless pability for national security purposes: Provided vantage of unique and significant industrial ac- such reductions are a direct result of a reduc- further, That this restriction shall not apply to complishment by a specific concern, or to insure tion in military force structure. the purchase of ‘‘commercial items’’, as defined that a new product or idea of a specific concern SEC. 8057. None of the funds appropriated or by section 4(12) of the Office of Federal Procure- is given financial support: otherwise made available in this Act may be ob- ment Policy Act, except that the restriction shall Provided, That this limitation shall not apply to ligated or expended for assistance to the Demo- apply to ball or roller bearings purchased as end contracts in an amount of less than $25,000, con- cratic People’s Republic of North Korea unless items. tracts related to improvements of equipment that specifically appropriated for that purpose. SEC. 8065. Notwithstanding any other provi- is in development or production, or contracts as SEC. 8058. During the current fiscal year, sion of law, funds available to the Department to which a civilian official of the Department of funds appropriated in this Act are available to of Defense shall be made available to provide Defense, who has been confirmed by the Senate, compensate members of the National Guard for transportation of medical supplies and equip- determines that the award of such contract is in duty performed pursuant to a plan submitted by ment, on a nonreimbursable basis, to American the interest of the national defense. a Governor of a State and approved by the Sec- Samoa, and funds available to the Department SEC. 8052. (a) Except as provided in sub- retary of Defense under section 112 of title 32, of Defense shall be made available to provide sections (b) and (c), none of the funds made United States Code: Provided, That during the transportation of medical supplies and equip- available by this Act may be used— performance of such duty, the members of the ment, on a nonreimbursable basis, to the Indian (1) to establish a field operating agency; or National Guard shall be under State command Health Service when it is in conjunction with a (2) to pay the basic pay of a member of the and control: Provided further, That such duty civil-military project. Armed Forces or civilian employee of the depart- shall be treated as full-time National Guard SEC. 8066. None of the funds in this Act may ment who is transferred or reassigned from a duty for purposes of sections 12602(a)(2) and be used to purchase any supercomputer which is headquarters activity if the member or employ- (b)(2) of title 10, United States Code. not manufactured in the United States, unless ee’s place of duty remains at the location of that SEC. 8059. Funds appropriated in this Act for the Secretary of Defense certifies to the congres- headquarters. operation and maintenance of the Military De- sional defense committees that such an acquisi- (b) The Secretary of Defense or Secretary of a partments, Combatant Commands and Defense tion must be made in order to acquire capability military department may waive the limitations Agencies shall be available for reimbursement of for national security purposes that is not avail- in subsection (a), on a case-by-case basis, if the pay, allowances and other expenses which able from United States manufacturers. Secretary determines, and certifies to the Com- would otherwise be incurred against appropria- SEC. 8067. Notwithstanding any other provi- mittees on Appropriations of the House of Rep- tions for the National Guard and Reserve when sion of law, the Naval shipyards of the United resentatives and Senate that the granting of the members of the National Guard and Reserve States shall be eligible to participate in any waiver will reduce the personnel requirements or provide intelligence or counterintelligence sup- manufacturing extension program financed by the financial requirements of the department. port to Combatant Commands, Defense Agencies funds appropriated in this or any other Act.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.002 pfrm01 PsN: S10PT1 S12788 CONGRESSIONAL RECORD — SENATE December 10, 2001

SEC. 8068. Notwithstanding any other provi- if so, how the President proposes to provide availability for obligation has expired or which sion of law, each contract awarded by the De- funds for such replacement. has closed under the provisions of section 1552 partment of Defense during the current fiscal SEC. 8071. To the extent authorized by sub- of title 31, United States Code, and which has a year for construction or service performed in chapter VI of chapter 148 of title 10, United negative unliquidated or unexpended balance, whole or in part in a State (as defined in section States Code, the Secretary of Defense may issue an obligation or an adjustment of an obligation 381(d) of title 10, United States Code) which is loan guarantees in support of United States de- may be charged to any current appropriation not contiguous with another State and has an fense exports not otherwise provided for: Pro- account for the same purpose as the expired or unemployment rate in excess of the national av- vided, That the total contingent liability of the closed account if— erage rate of unemployment as determined by United States for guarantees issued under the (1) the obligation would have been properly the Secretary of Labor, shall include a provision authority of this section may not exceed chargeable (except as to amount) to the expired requiring the contractor to employ, for the pur- $15,000,000,000: Provided further, That the expo- or closed account before the end of the period of pose of performing that portion of the contract sure fees charged and collected by the Secretary availability or closing of that account; in such State that is not contiguous with an- for each guarantee shall be paid by the country (2) the obligation is not otherwise properly other State, individuals who are residents of involved and shall not be financed as part of a chargeable to any current appropriation ac- such State and who, in the case of any craft or loan guaranteed by the United States: Provided count of the Department of Defense; and trade, possess or would be able to acquire further, That the Secretary shall provide quar- (3) in the case of an expired account, the obli- promptly the necessary skills: Provided, That terly reports to the Committees on Appropria- gation is not chargeable to a current appropria- the Secretary of Defense may waive the require- tions, Armed Services, and Foreign Relations of tion of the Department of Defense under the ments of this section, on a case-by-case basis, in the Senate and the Committees on Appropria- provisions of section 1405(b)(8) of the National the interest of national security. tions, Armed Services, and International Rela- Defense Authorization Act for Fiscal Year 1991, SEC. 8069. Of the funds made available in this tions in the House of Representatives on the im- Public Law 101–510, as amended (31 U.S.C. 1551 Act under the heading ‘‘Operation and Mainte- plementation of this program: Provided further, note): Provided, That in the case of an expired nance, Defense-Wide’’, up to $5,000,000 shall be That amounts charged for administrative fees account, if subsequent review or investigation available to provide assistance, by grant or oth- and deposited to the special account provided discloses that there was not in fact a negative erwise, to public school systems that have un- for under section 2540c(d) of title 10, shall be unliquidated or unexpended balance in the ac- usually high concentrations of special needs available for paying the costs of administrative count, any charge to a current account under military dependents enrolled: Provided, That in expenses of the Department of Defense that are the authority of this section shall be reversed selecting school systems to receive such assist- attributable to the loan guarantee program and recorded against the expired account: Pro- ance, special consideration shall be given to under subchapter VI of chapter 148 of title 10, vided further, That the total amount charged to school systems in States that are considered United States Code. a current appropriation under this section may overseas assignments: Provided further, That up SEC. 8072. None of the funds available to the not exceed an amount equal to 1 percent of the to $2,000,000 shall be available for DOD to estab- Department of Defense under this Act shall be total appropriation for that account. lish a non-profit trust fund to assist in the pub- obligated or expended to pay a contractor under SEC. 8078. Funds appropriated in title II of lic-private funding of public school repair and a contract with the Department of Defense for this Act and for the Defense Health Program in maintenance projects, or provide directly to costs of any amount paid by the contractor to title VI of this Act for supervision and adminis- non-profit organizations who in return will use an employee when— tration costs for facilities maintenance and re- these monies to provide assistance in the form of (1) such costs are for a bonus or otherwise in pair, minor construction, or design projects may repair, maintenance, or renovation to public excess of the normal salary paid by the con- be obligated at the time the reimbursable order school systems that have high concentrations of tractor to the employee; and is accepted by the performing activity: Provided, special needs military dependents and are lo- (2) such bonus is part of restructuring costs That for the purpose of this section, supervision cated in States that are considered overseas as- associated with a business combination. and administration costs includes all in-house Government cost. signments: Provided further, That to the extent SEC. 8073. (a) None of the funds appropriated SEC. 8079. During the current fiscal year, the a federal agency provides this assistance, by or otherwise made available in this Act may be Secretary of Defense may waive reimbursement contract, grant or otherwise, it may accept and used to transport or provide for the transpor- of the cost of conferences, seminars, courses of expend non-federal funds in combination with tation of chemical munitions or agents to the instruction, or similar educational activities of these federal funds to provide assistance for the Johnston Atoll for the purpose of storing or de- the Asia-Pacific Center for Security Studies for authorized purpose, if the non-federal entity re- militarizing such munitions or agents. military officers and civilian officials of foreign quests such assistance and the non-federal (b) The prohibition in subsection (a) shall not nations if the Secretary determines that attend- funds are provided on a reimbursable basis. apply to any obsolete World War II chemical ance by such personnel, without reimbursement, SEC. 8070. (a) LIMITATION ON TRANSFER OF munition or agent of the United States found in is in the national security interest of the United DEFENSE ARTICLES AND SERVICES.—Notwith- the World War II Pacific Theater of Operations. States: Provided, That costs for which reim- standing any other provision of law, none of the (c) The President may suspend the application bursement is waived pursuant to this section funds available to the Department of Defense of subsection (a) during a period of war in shall be paid from appropriations available for for the current fiscal year may be obligated or which the United States is a party. the Asia-Pacific Center. expended to transfer to another nation or an SEC. 8074. Up to $3,000,000 of the funds appro- SEC. 8080. (a) Notwithstanding any other pro- international organization any defense articles priated under the heading ‘‘Operation and or services (other than intelligence services) for vision of law, the Chief of the National Guard Maintenance, Navy’’ in this Act for the Pacific Bureau may permit the use of equipment of the use in the activities described in subsection (b) Missile Range Facility may be made available to unless the congressional defense committees, the National Guard Distance Learning Project by contract for the repair, maintenance, and oper- any person or entity on a space-available, reim- Committee on International Relations of the ation of adjacent off-base water, drainage, and House of Representatives, and the Committee on bursable basis. The Chief of the National Guard flood control systems critical to base operations. Bureau shall establish the amount of reimburse- Foreign Relations of the Senate are notified 15 (INCLUDING TRANSFER OF FUNDS) days in advance of such transfer. ment for such use on a case-by-case basis. SEC. 8075. During the current fiscal year, no (b) Amounts collected under subsection (a) (b) COVERED ACTIVITIES.—This section applies more than $30,000,000 of appropriations made in to— shall be credited to funds available for the Na- this Act under the heading ‘‘Operation and (1) any international peacekeeping or peace- tional Guard Distance Learning Project and be Maintenance, Defense-Wide’’ may be trans- enforcement operation under the authority of available to defray the costs associated with the ferred to appropriations available for the pay of chapter VI or chapter VII of the United Nations use of equipment of the project under that sub- military personnel, to be merged with, and to be Charter under the authority of a United Nations section. Such funds shall be available for such available for the same time period as the appro- Security Council resolution; and purposes without fiscal year limitation. (2) any other international peacekeeping, priations to which transferred, to be used in SEC. 8081. Using funds available by this Act or peace-enforcement, or humanitarian assistance support of such personnel in connection with any other Act, the Secretary of the Air Force, operation. support and services for eligible organizations pursuant to a determination under section 2690 (c) REQUIRED NOTICE.—A notice under sub- and activities outside the Department of Defense of title 10, United States Code, may implement section (a) shall include the following: pursuant to section 2012 of title 10, United cost-effective agreements for required heating (1) A description of the equipment, supplies, States Code. facility modernization in the Kaiserslautern or services to be transferred. SEC. 8076. For purposes of section 1553(b) of Military Community in the Federal Republic of (2) A statement of the value of the equipment, title 31, United States Code, any subdivision of Germany: Provided, That in the City of supplies, or services to be transferred. appropriations made in this Act under the head- Kaiserslautern such agreements will include the (3) In the case of a proposed transfer of equip- ing ‘‘Shipbuilding and Conversion, Navy’’ shall use of United States anthracite as the base load ment or supplies— be considered to be for the same purpose as any energy for municipal district heat to the United (A) a statement of whether the inventory re- subdivision under the heading ‘‘Shipbuilding States Defense installations: Provided further, quirements of all elements of the Armed Forces and Conversion, Navy’’ appropriations in any That at Landstuhl Army Regional Medical Cen- (including the reserve components) for the type prior year, and the 1 percent limitation shall ter and Ramstein Air Base, furnished heat may of equipment or supplies to be transferred have apply to the total amount of the appropriation. be obtained from private, regional or municipal been met; and SEC. 8077. During the current fiscal year, in services, if provisions are included for the con- (B) a statement of whether the items proposed the case of an appropriation account of the De- sideration of United States coal as an energy to be transferred will have to be replaced and, partment of Defense for which the period of source.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.002 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12789

SEC. 8082. Notwithstanding 31 U.S.C. 3902, local government agencies; and for equipment in order to acquire capability for national secu- during the current fiscal year and hereafter, in- needed for mission support or performance: Pro- rity purposes or there exists a significant cost or terest penalties may be paid by the Department vided, That the Department of the Air Force quality difference. of Defense from funds financing the operation should waive reimbursement from the Federal, SEC. 8095. Notwithstanding any other provi- of the military department or defense agency State, and local government agencies for the use sion of law, the total amount appropriated in with which the invoice or contract payment is of these funds. this Act under Title I and Title II is hereby re- associated. SEC. 8089. Section 8125 of the Department of duced by $50,000,000: Provided, That during the SEC. 8083. None of the funds appropriated in Defense Appropriations Act, 2001 (Public Law current fiscal year, not more than 250 military title IV of this Act may be used to procure end- 106–259), is hereby repealed. and civilian personnel of the Department of De- items for delivery to military forces for oper- SEC. 8090. Of the funds appropriated in this fense shall be assigned to legislative affairs or ational training, operational use or inventory Act under the heading ‘‘Research, Development, legislative liaison functions: Provided further, requirements: Provided, That this restriction Test and Evaluation, Navy’’, up to $3,000,000 That of the 250 personnel assigned to legislative does not apply to end-items used in develop- may be made available for a Maritime Fire liaison or legislative affairs functions, 20 per- ment, prototyping, and test activities preceding Training Center at Barbers Point, including cent shall be assigned to the Office of the Sec- and leading to acceptance for operational use: provision for laboratories, construction, and retary of Defense and the Office of the Chair- Provided further, That this restriction does not other efforts associated with research, develop- man of the Joint Chiefs of Staff, 20 percent shall apply to programs funded within the National ment, and other programs of major importance be assigned to the Department of the Army, 20 Foreign Intelligence Program: Provided further, to the Department of Defense. percent shall be assigned to the Department of That the Secretary of Defense may waive this SEC. 8091. (a) PROHIBITION.—None of the the Navy, 20 percent shall be assigned to the De- restriction on a case-by-case basis by certifying funds made available by this Act may be used to partment of the Air Force, and 20 percent shall in writing to the Committees on Appropriations support any training program involving a unit be assigned to the combatant commands: Pro- of the House of Representatives and the Senate of the security forces of a foreign country if the vided further, That of the personnel assigned to that it is in the national security interest to do Secretary of Defense has received credible infor- legislative liaison and legislative affairs func- so. mation from the Department of State that the tions, no fewer than 20 percent shall be assigned SEC. 8084. Of the funds made available under unit has committed a gross violation of human to the Under Secretary of Defense (Comptroller), the heading ‘‘Operation and Maintenance, Air rights, unless all necessary corrective steps have the Assistant Secretary of the Army (Financial Force’’, not less than $1,500,000 shall be made been taken. Management and Comptroller), the Assistant available by grant or otherwise, to the Council (b) MONITORING.—The Secretary of Defense, Secretary of the Navy (Financial Management of Athabascan Tribal Governments, to provide in consultation with the Secretary of State, and Comptroller), and the Assistant Secretary of assistance for health care, monitoring and re- shall ensure that prior to a decision to conduct the Air Force (Financial Management and lated issues associated with research conducted any training program referred to in subsection Comptroller). from 1955 to 1957 by the former Arctic (a), full consideration is given to all credible in- SEC. 8096. None of the funds appropriated or Aeromedical Laboratory. formation available to the Department of State otherwise made available by this or other De- SEC. 8085. In addition to the amounts appro- relating to human rights violations by foreign partment of Defense Appropriations Acts may be priated or otherwise made available in this Act, security forces. obligated or expended for the purpose of per- $5,000,000, to remain available until September (c) WAIVER.—The Secretary of Defense, after forming repairs or maintenance to military fam- 30, 2002, is hereby appropriated to the Depart- consultation with the Secretary of State, may ily housing units of the Department of Defense, ment of Defense: Provided, That the Secretary waive the prohibition in subsection (a) if he de- including areas in such military family housing of Defense shall make a grant in the amount of termines that such waiver is required by ex- units that may be used for the purpose of conducting official Department of Defense business. $5,000,000 to the American Red Cross for Armed traordinary circumstances. SEC. 8097. Notwithstanding any other provi- Forces Emergency Services. (d) REPORT.—Not more than 15 days after the sion of law, funds appropriated in this Act SEC. 8086. None of the funds made available in exercise of any waiver under subsection (c), the under the heading ‘‘Research, Development, this Act may be used to approve or license the Secretary of Defense shall submit a report to the Test and Evaluation, Defense-Wide’’ for any sale of the F–22 advanced tactical fighter to any congressional defense committees describing the advanced concept technology demonstration foreign government. extraordinary circumstances, the purpose and project may only be obligated 30 days after a re- SEC. 8087. (a) The Secretary of Defense may, duration of the training program, the United port, including a description of the project and on a case-by-case basis, waive with respect to a States forces and the foreign security forces in- its estimated annual and total cost, has been foreign country each limitation on the procure- volved in the training program, and the infor- provided in writing to the congressional defense ment of defense items from foreign sources pro- mation relating to human rights violations that committees: Provided, That the Secretary of De- vided in law if the Secretary determines that the necessitates the waiver. fense may waive this restriction on a case-by- application of the limitation with respect to that SEC. 8092. The Secretary of Defense, in coordi- case basis by certifying to the congressional de- country would invalidate cooperative programs nation with the Secretary of Health and Human fense committees that it is in the national inter- entered into between the Department of Defense Services, may carry out a program to distribute est to do so. and the foreign country, or would invalidate re- surplus dental equipment of the Department of SEC. 8098. Notwithstanding any other provi- ciprocal trade agreements for the procurement of Defense, at no cost to the Department of De- sion in this Act, the total amount appropriated defense items entered into under section 2531 of fense, to Indian health service facilities and to in this Act is hereby reduced by $171,296,000, to title 10, United States Code, and the country federally-qualified health centers (within the reduce cost growth in travel, to be distributed as does not discriminate against the same or simi- meaning of section 1905(l)(2)(B) of the Social Se- follows: lar defense items produced in the United States curity Act (42 U.S.C. 1396d(l)(2)(B))). ‘‘Operation and Maintenance, Army’’, for that country. SEC. 8093. Notwithstanding any other provi- $9,000,000; (b) Subsection (a) applies with respect to— sion in this Act, the total amount appropriated ‘‘Operation and maintenance, Marine Corps’’, (1) contracts and subcontracts entered into on in this Act is hereby reduced by $140,591,000 to $296,000; or after the date of the enactment of this Act; reflect savings from favorable foreign currency ‘‘Operation and Maintenance, Air Force’’, and fluctuations, to be distributed as follows: $150,000,000; (2) options for the procurement of items that ‘‘Operation and Maintenance, Army’’, ‘‘Operation and Maintenance, Army Re- are exercised after such date under contracts $89,359,000; serve’’, $2,000,000; and that are entered into before such date if the op- ‘‘Operation and Maintenance, Navy’’, ‘‘Operation and maintenance, Defense-wide’’ tion prices are adjusted for any reason other $15,445,000; $10,000,000. than the application of a waiver granted under ‘‘Operation and Maintenance, Marine SEC. 8099. During the current fiscal year, re- subsection (a). Corps’’, $1,379,000; funds attributable to the use of the Government (c) Subsection (a) does not apply to a limita- ‘‘Operation and Maintenance, Air Force’’, travel card, refunds attributable to the use of tion regarding construction of public vessels, $24,408,000; and the Government Purchase Card and refunds at- ball and roller bearings, food, and clothing or ‘‘Operation and Maintenance, Defense- tributable to official Government travel ar- textile materials as defined by section 11 (chap- Wide’’, $10,000,000. ranged by Government Contracted Travel Man- ters 50–65) of the Harmonized Tariff Schedule SEC. 8094. None of the funds appropriated or agement Centers may be credited to operation and products classified under headings 4010, made available in this Act to the Department of and maintenance accounts of the Department of 4202, 4203, 6401 through 6406, 6505, 7019, 7218 the Navy shall be used to develop, lease or pro- Defense which are current when the refunds are through 7229, 7304.41 through 7304.49, 7306.40, cure the T-AKE class of ships unless the main received. 7502 through 7508, 8105, 8108, 8109, 8211, 8215, propulsion diesel engines and propulsors are SEC. 8100. (a) REGISTERING INFORMATION and 9404. manufactured in the United States by a domesti- TECHNOLOGY SYSTEMS WITH DOD CHIEF INFOR- SEC. 8088. Funds made available to the Civil cally operated entity: Provided, That the Sec- MATION OFFICER.—None of the funds appro- Air Patrol in this Act under the heading ‘‘Drug retary of Defense may waive this restriction on priated in this Act may be used for a mission Interdiction and Counter-Drug Activities, De- a case-by-case basis by certifying in writing to critical or mission essential information tech- fense’’ may be used for the Civil Air Patrol Cor- the Committees on Appropriations of the House nology system (including a system funded by the poration’s counterdrug program, including its of Representatives and the Senate that adequate defense working capital fund) that is not reg- demand reduction program involving youth pro- domestic supplies are not available to meet De- istered with the Chief Information Officer of the grams, as well as operational and training drug partment of Defense requirements on a timely Department of Defense. A system shall be con- reconnaissance missions for Federal, State, and basis and that such an acquisition must be made sidered to be registered with that officer upon

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.002 pfrm01 PsN: S10PT1 S12790 CONGRESSIONAL RECORD — SENATE December 10, 2001

the furnishing to that officer of notice of the SEC. 8103. Notwithstanding any other provi- Test and Evaluation, Defense-Wide’’, system, together with such information con- sion of law, the Chief of the National Guard $141,700,000 shall be made available for the cerning the system as the Secretary of Defense Bureau, or his designee, may waive payment of Arrow missile defense program: Provided, That may prescribe. An information technology sys- all or part of the consideration that otherwise of this amount, $107,700,000 shall be made avail- tem shall be considered a mission critical or mis- would be required under 10 U.S.C. 2667, in the able for the purpose of continuing the Arrow sion essential information technology system as case of a lease of personal property for a period System Improvement Program (ASIP), con- defined by the Secretary of Defense. not in excess of 1 year to any organization spec- tinuing ballistic missile defense interoperability (b) CERTIFICATIONS AS TO COMPLIANCE WITH ified in 32 U.S.C. 508(d), or any other youth, so- with Israel, and establishing an Arrow produc- CLINGER-COHEN ACT.—(1) During the current cial, or fraternal non-profit organization as may tion capability in the United States: Provided fiscal year, a major automated information sys- be approved by the Chief of the National Guard further, That the remainder, $34,000,000, shall tem may not receive Milestone I approval, Mile- Bureau, or his designee, on a case-by-case basis. be available for the purpose of adjusting the stone II approval, or Milestone III approval, or SEC. 8104. None of the funds appropriated by cost-share of the parties under the Agreement their equivalent, within the Department of De- this Act shall be used for the support of any between the Department of Defense and the fense until the Chief Information Officer cer- nonappropriated funds activity of the Depart- Ministry of Defense of Israel for the Arrow tifies, with respect to that milestone, that the ment of Defense that procures malt beverages Deployability Program. system is being developed in accordance with and wine with nonappropriated funds for resale SEC. 8109. Funds available to the Department the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et (including such alcoholic beverages sold by the of Defense for the Global Positioning System seq.). The Chief Information Officer may require drink) on a military installation located in the during the current fiscal year may be used to additional certifications, as appropriate, with United States unless such malt beverages and fund civil requirements associated with the sat- respect to any such system. wine are procured within that State, or in the ellite and ground control segments of such sys- (2) The Chief Information Officer shall pro- case of the District of Columbia, within the Dis- tem’s modernization program. vide the congressional defense committees timely trict of Columbia, in which the military installa- (INCLUDING TRANSFER OF FUNDS) notification of certifications under paragraph tion is located: Provided, That in a case in SEC. 8110. Of the amounts appropriated in this (1). Each such notification shall include, at a which the military installation is located in Act under the heading ‘‘Operation and Mainte- minimum, the funding baseline and milestone more than one State, purchases may be made in schedule for each system covered by such a cer- nance, Defense-Wide’’, $115,000,000 shall remain any State in which the installation is located: available until expended: Provided, That not- tification and confirmation that the following Provided further, That such local procurement steps have been taken with respect to the sys- withstanding any other provision of law, the requirements for malt beverages and wine shall Secretary of Defense is authorized to transfer tem: apply to all alcoholic beverages only for military (A) Business process reengineering. such funds to other activities of the Federal (B) An analysis of alternatives. installations in States which are not contiguous Government. (C) An economic analysis that includes a cal- with another State: Provided further, That alco- SEC. 8111. In addition to the amounts appro- culation of the return on investment. holic beverages other than wine and malt bev- priated or otherwise made available in this Act, (D) Performance measures. erages, in contiguous States and the District of $1,300,000,000 is hereby appropriated to the De- (E) An information assurance strategy con- Columbia shall be procured from the most com- partment of Defense for whichever of the fol- sistent with the Department’s Global Informa- petitive source, price and other factors consid- lowing purposes the President determines to be tion Grid. ered. in the national security interests of the United (c) DEFINITIONS.—For purposes of this section: SEC. 8105. During the current fiscal year, States: (1) The term ‘‘Chief Information Officer’’ under regulations prescribed by the Secretary of (1) research, development, test and evaluation means the senior official of the Department of Defense, the Center of Excellence for Disaster for ballistic missile defense; and Defense designated by the Secretary of Defense Management and Humanitarian Assistance may (2) activities for combating terrorism. pursuant to section 3506 of title 44, United also pay, or authorize payment for, the expenses SEC. 8112. In addition to amounts appro- States Code. of providing or facilitating education and train- priated elsewhere in this Act, $5,000,000 is here- (2) The term ‘‘information technology system’’ ing for appropriate military and civilian per- by appropriated to the Department of Defense: has the meaning given the term ‘‘information sonnel of foreign countries in disaster manage- Provided, That the Secretary of the Army shall technology’’ in section 5002 of the Clinger- ment, peace operations, and humanitarian as- make a grant in the amount of $5,000,000 to the Cohen Act of 1996 (40 U.S.C. 1401). sistance. Fort Des Moines Memorial Park and Education (3) The term ‘‘major automated information SEC. 8106. (a) The Department of Defense is Center. system’’ has the meaning given that term in De- authorized to enter into agreements with the SEC. 8113. In addition to amounts appro- partment of Defense Directive 5000.1. Veterans Administration and federally-funded priated elsewhere in this Act, $5,000,000 is here- SEC. 8101. During the current fiscal year, none health agencies providing services to Native Ha- by appropriated to the Department of Defense: of the funds available to the Department of De- waiians for the purpose of establishing a part- Provided, That the Secretary of Defense shall fense may be used to provide support to another nership similar to the Alaska Federal Health make a grant in the amount of $5,000,000 to the department or agency of the United States if Care Partnership, in order to maximize Federal National D-Day Museum. such department or agency is more than 90 days resources in the provision of health care services SEC. 8114. Section 8106 of the Department of in arrears in making payment to the Depart- by federally-funded health agencies, applying Defense Appropriations Act, 1997 (titles I ment of Defense for goods or services previously telemedicine technologies. For the purpose of through VIII of the matter under subsection provided to such department or agency on a re- this partnership, Native Hawaiians shall have 101(b) of Public Law 104–208; 110 Stat. 3009–111; imbursable basis: Provided, That this restriction the same status as other Native Americans who 10 U.S.C. 113 note) shall continue in effect to shall not apply if the department is authorized are eligible for the health care services provided apply to disbursements that are made by the De- by law to provide support to such department or by the Indian Health Service. partment of Defense in fiscal year 2002. agency on a nonreimbursable basis, and is pro- (b) The Department of Defense is authorized SEC. 8115. (a) Section 8162 of the Department viding the requested support pursuant to such to develop a consultation policy, consistent with of Defense Appropriations Act, 2000 (16 U.S.C. authority: Provided further, That the Secretary Executive Order No. 13084 (issued May 14, 1998), 431 note; Public Law 106–79) is amended— of Defense may waive this restriction on a case- with Native Hawaiians for the purpose of assur- (1) by redesignating subsection (m) as sub- by-case basis by certifying in writing to the ing maximum Native Hawaiian participation in section (o); and Committees on Appropriations of the House of the direction and administration of govern- (2) by adding after subsection (l) the fol- Representatives and the Senate that it is in the mental services so as to render those services lowing: national security interest to do so. more responsive to the needs of the Native Ha- ‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.— SEC. 8102. None of the funds provided in this waiian community. ‘‘(1) IN GENERAL.—The Commission may estab- Act may be used to transfer to any nongovern- (c) For purposes of this section, the term ‘‘Na- lish a permanent memorial to Dwight D. Eisen- mental entity ammunition held by the Depart- tive Hawaiian’’ means any individual who is a hower on land under the jurisdiction of the Sec- ment of Defense that has a center-fire cartridge descendant of the aboriginal people who, prior retary of the Interior in the District of Columbia and a United States military nomenclature des- to 1778, occupied and exercised sovereignty in or its environs. ignation of ‘‘armor penetrator’’, ‘‘armor piercing the area that now comprises the State of Ha- ‘‘(2) COMPLIANCE WITH STANDARDS FOR COM- (AP)’’, ‘‘armor piercing incendiary (API)’’, or waii. MEMORATIVE WORKS.—The establishment of the ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- SEC. 8107. In addition to the amounts provided memorial shall be in accordance with the Com- cept to an entity performing demilitarization elsewhere in this Act, the amount of $10,000,000 memorative Works Act (40 U.S.C. 1001 et seq.).’’. services for the Department of Defense under a is hereby appropriated for ‘‘Operation and (b) Section 8162 of the Department of Defense contract that requires the entity to demonstrate Maintenance, Defense-Wide’’, to be available, Appropriations Act, 2000 (16 U.S.C. 431 note; to the satisfaction of the Department of Defense notwithstanding any other provision of law, Public Law 106–79) is amended— that armor piercing projectiles are either: (1) only for a grant to the United Service Organiza- (1) in subsection (j)(2), by striking ‘‘accept rendered incapable of reuse by the demilitariza- tions Incorporated, a federally chartered cor- gifts’’ and inserting ‘‘solicit and accept con- tion process; or (2) used to manufacture ammu- poration under chapter 2201 of title 36, United tributions’’; and nition pursuant to a contract with the Depart- States Code. The grant provided for by this sec- (2) by inserting after subsection (m) (as added ment of Defense or the manufacture of ammunition is in addition to any grant provided for by subsection (a)(2)) the following: tion for export pursuant to a License for Perma- under any other provision of law. ‘‘(n) MEMORIAL FUND.— nent Export of Unclassified Military Articles SEC. 8108. Of the amounts appropriated in this ‘‘(1) ESTABLISHMENT.—There is created in the issued by the Department of State. Act under the heading ‘‘Research, Development, Treasury a fund for the memorial to Dwight D.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.002 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12791 Eisenhower that includes amounts contributed ensure the continued safe operation of live ord- LSD–41 dock landing ship cargo variant pro- under subsection (j)(2). nance departure areas at Nellis Air Force Base, gram, $428,000; ‘‘(2) USE OF FUND.—The fund shall be used for Las Vegas, Nevada. The Secretary of the Air AOE combat support ship program, $516,000; the expenses of establishing the memorial. Force shall identify up to 220 acres of non-fed- Craft, outfitting, post delivery, and first des- ‘‘(3) INTEREST.—The Secretary of the Treasury eral lands needed to ensure the continued safe tination transportation, and inflation adjust- shall credit to the fund the interest on obliga- operation of the live ordnance departure areas ments, $1,034,000; tions held in the fund.’’. at Nellis Air Force Base. Any such identified To: (c) In addition to the amounts appropriated or property acquired by exchange by the Secretary Under the heading, ‘‘Shipbuilding, and Con- otherwise made available elsewhere in this Act of the Interior shall be transferred by the Sec- version, Navy, 1998/2002’’: for the Department of Defense, $3,000,000, to re- retary of the Interior to the jurisdiction, cus- DDG–51 destroyer program, $6,049,000; From: main available until expended is hereby appro- tody, and control of the Secretary of the Air Under the heading, ‘‘Other Procurement, priated to the Department of Defense: Provided, Force to be managed as a part of Nellis Air That the Secretary of Defense shall make a Navy, 2001/2003’’: Force Base. To the extent the Secretary of the Shallow Water MCM, $16,248,000; grant in the amount of $3,000,000 to the Dwight Interior is unable to acquire non-federal lands D. Eisenhower Memorial Commission for direct To: by exchange, the Secretary of the Air Force is Under the heading, ‘‘Shipbuilding and Con- administrative support. authorized to purchase those lands at fair mar- version, Navy, 2001/2005’’: SEC. 8116. In addition to amounts appro- ket value subject to available appropriations. priated elsewhere in this Act, $8,000,000 shall be Submarine Refuelings, $16,248,000. SEC. 8121. Of the amounts appropriated in this SEC. 8123. (a) The Secretary of Defense shall available only for the settlement of subcon- Act under the heading, ‘‘Shipbuilding and Con- convey to Gwitchyaa Zhee Corporation the tractor claims for payment associated with the version, Navy’’, $725,000,000 shall be available lands withdrawn by Public Land Order No. Air Force contract F19628–97–C–0105, Clear until September 30, 2002, to fund prior year ship- 1996, Lot 1 of United States Survey 7008, Public Radar Upgrade, at Clear AFS, Alaska: Pro- building cost increases: Provided, That upon en- Land Order No. 1396, a portion of Lot 3 of vided, That the Secretary of the Air Force shall actment of this Act, the Secretary of the Navy United States Survey 7161, lands reserved pursu- evaluate claims as may be submitted by sub- shall transfer such funds to the following ap- ant to the instructions set forth at page 513 of contractors, engaged under the contract, and, propriations in the amounts specified: Provided volume 44 of the Interior Land Decisions issued notwithstanding any other provision of law further, That the amounts transferred shall be January 13, 1916, Lot 13 of United States Survey shall pay such amounts from the funds provided merged with and be available for the same pur- 7161, Lot 1 of United States Survey 7008 de- in this paragraph which the Secretary deems poses as the appropriations to which trans- scribed in Public Land Order No. 1996, and Lot appropriate to settle completely any claims ferred: 13 of the United States Survey 7161 reserved which the Secretary determines to have merit, To: pursuant to the instructions set forth at page with no right of appeal in any forum: Provided Under the heading, ‘‘Shipbuilding and Con- 513 of volume 44 of the Interior Land Decisions further, That subcontractors are to be paid in- version, Navy, 1995/2002’’: issued January 13, 1916. terest, calculated in accordance with the Con- Carrier Replacement Program, $172,364,000; (b) Following site restoration and survey by tract Disputes Act of 1978, 41 U.S.C. Sections Under the heading, ‘‘Shipbuilding and Con- the Department of the Air Force that portion of 601–613, on any claims which the Secretary de- version, Navy, 1996/2002’’: Lot 3 of United States Survey 7161 withdrawn termines to have merit: Provided further, That LPD–17 Amphibious Transport Dock Ship by Public Land Order No. 1396 and no longer the Secretary of the Air Force may delegate Program, $172,989,000; needed by the Air Force shall be conveyed to evaluation and payment as above to the U.S. Under the heading, ‘‘Shipbuilding and Con- Gwitchyaa Zhee Corporation. Army Corps of Engineers, Alaska District on a version, Navy, 1997/2002’’: SEC. 8124. The Secretary of the Navy may set- reimbursable basis. DDG–51 Destroyer Program, $37,200,000; tle, or compromise, and pay any and all admi- EC. 8117. Notwithstanding any other provi- S Under the heading, ‘‘Shipbuilding and Con- ralty claims under 10 U.S.C. 7622 arising out of sion of this Act, the total amount appropriated version, Navy, 1998/2002’’: the collision involving the USS GREENEVILLE in this Act is hereby reduced by $1,650,000,000, NSSN Program, $168,561,000; and the EHIME MARU, in any amount and to reflect savings to be achieved from business DDG–51 Destroyer Program, $111,457,000; without regard to the monetary limitations in process reforms, management efficiencies, and Under the heading, ‘‘Shipbuilding and Con- subsections (a) and (b) of that section: Provided, procurement of administrative and management version, Navy, 1999/2002’’: That such payments shall be made from funds support: Provided, That none of the funds pro- NSSN Program, $62,429,000. available to the Department of the Navy for op- vided in this Act may be used for consulting and (TRANSFER OF FUNDS) eration and maintenance. advisory services for legislative affairs and legis- SEC. 8122. Upon enactment of this Act, the SEC. 8125. (a) Not later than February 1, 2002, lative liaison functions. Secretary of the Navy shall make the following the Secretary of Defense shall report to the con- SEC. 8118. In addition to amounts provided transfers of funds: Provided, That the amounts gressional defense committees on the status of elsewhere in this Act, $21,000,000 is hereby ap- transferred shall be available for the same pur- the safety and security of munitions shipments propriated for the Secretary of Defense to estab- poses as the appropriations to which trans- that use commercial trucking carriers within the lish a Regional Defense Counter-terrorism Fel- ferred, and for the same time period as the ap- United States. lowship Program: Provided, That funding pro- propriation from which transferred: Provided (b) REPORT ELEMENTS.—The report under sub- vided herein may be used by the Secretary to further, That the amounts shall be transferred section (a) shall include the following: fund foreign military officers to attend U.S. between the following appropriations in the (1) An assessment of the Department of De- military educational institutions and selected amount specified: fense’s policies and practices for conducting regional centers for non-lethal training: Pro- From: background investigations of current and provided further, That United States Regional Under the heading, ‘‘Shipbuilding and Con- spective drivers of munitions shipments. Commanders in Chief will be the nominative au- version, Navy, 1990/2002’’: (2) A description of current requirements for thority for candidates and schools for attend- TRIDENT ballistic missile submarine program, periodic safety and security reviews of commer- ance with joint staff review and approval by the $78,000; cial trucking carriers that carry munitions. Secretary of Defense: Provided further, That the SSN–21 attack submarine program, $66,000; (3) A review of the Department of Defense’s Secretary of Defense shall establish rules to gov- DDG–51 destroyer program, $6,100,000; efforts to establish uniform safety and security ern the administration of this program. ENTERPRISE refueling modernization pro- standards for cargo terminals not operated by SEC. 8119. Notwithstanding any other provi- gram, $964,000; the Department that store munitions shipments. sion of law, from funds appropriated in this or LSD–41 dock landing ship cargo variant ship (4) An assessment of current capabilities to any other Act under the heading, ‘‘Aircraft Pro- program, $237,000; provide for escort security vehicles for shipments curement, Air Force’’, that remain available for MCM mine countermeasures program, that contain dangerous munitions or sensitive obligation, not to exceed $16,000,000 shall be $118,000; technology, or pass through high-risk areas. available for recording, adjusting, and liqui- Oceanographic ship program, $2,317,000; (5) A description of current requirements for dating obligations for the C–17 aircraft properly AOE combat support ship program, $164,000; depots and other defense facilities to remain chargeable to the fiscal year 1998 Aircraft Pro- AO conversion program, $56,000; open outside normal operating hours to receive curement, Air Force account: Provided, That Coast Guard icebreaker ship program, munitions shipments. the Secretary of the Air Force shall notify the $863,000; (6) Legislative proposals, if any, to correct de- congressional defense committees of all of the Craft, outfitting, post delivery, and ship spe- ficiencies identified by the Department of De- specific sources of funds to be used for such pur- cial support equipment, $529,000; fense in the report under subsection (a). pose. To: (c) Not later than six months after enactment SEC. 8120. Notwithstanding any provisions of Under the heading, ‘‘Shipbuilding and Con- of this Act, the Secretary shall report to Con- the Southern Nevada Public Land Management version, Navy, 1998/2002’’: gress on safety and security procedures used for Act of 1998, Public Law 105–263, or the land use DDG–51 destroyer program, $11,492,000; U.S. munitions shipments in European NATO planning provision of Section 202 of the Federal From: countries, and provide recommendations on Land Policy and Management Act of 1976, Pub- Under the heading, ‘‘Shipbuilding and Con- what procedures or technologies used in those lic Law 94–579, or of any other law to the conversion, Navy, 1993/2002’’: countries should be adopted for shipments in the trary, the Secretary of the Interior may acquire DDG–51 destroyer program, $3,986,000; United States. non-federal lands adjacent to Nellis Air Force LHD–1 amphibious assault ship program, SEC. 8126. In addition to the amounts appro- Base, through a land exchange in Nevada, to $85,000; priated or otherwise made available elsewhere in

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 S12792 CONGRESSIONAL RECORD — SENATE December 10, 2001

this Act for the Department of Defense, (7) Not later than 1 year after the date on SEC. 8132. (a)(1) Chapter 131 of title 10, United $15,000,000, to remain available until September which the first aircraft is delivered under this States Code, is amended by adding at the end 30, 2002 is hereby appropriated to the Depart- Pilot Program, and yearly thereafter on the an- the following new section: ment of Defense: Provided, That the Secretary niversary of the first delivery, the Secretary ‘‘§ 2228. Department of Defense strategic loan of Defense shall make a grant in the amount of shall submit a report to the congressional de- and loan guaranty program $15,000,000 to the Padgett Thomas Barracks in fense committees describing the status of the ‘‘(a) AUTHORITY.—The Secretary of Defense Charleston, South Carolina. Pilot Program. The Report will be based on at may carry out a program to make direct loans SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF least 6 months of experience in operating the and guarantee loans for the purpose of sup- NATIONAL SIGNIFICANCE.— Pilot Program. (1) Notwithstanding any other provision of (8) The Air Force shall accept delivery of the porting the attainment of the objectives set forth law, at events determined by the President to be aircraft in a general purpose configuration. in subsection (b). special events of national significance for which (9) At the conclusion of the lease term, each ‘‘(b) OBJECTIVES.—The Secretary may, under the United States Secret Service is authorized aircraft obtained under that lease may be re- the program, make a direct loan to an applicant pursuant to Section 3056(e)(1), title 18, United turned to the contractor in the same configura- or guarantee the payment of the principal and States Code, to plan, coordinate, and implement tion in which the aircraft was delivered. interest of a loan made to an applicant upon the security operations, the Secretary of Defense, (10) The present value of the total payments Secretary’s determination that the applicant’s after consultation with the Secretary of the over the duration of each lease entered into use of the proceeds of the loan will support the Treasury, shall provide assistance on a tem- under this authority shall not exceed 90 percent attainment of any of the following objectives: porary basis without reimbursement in support of the fair market value of the aircraft obtained ‘‘(1) Sustain the readiness of the United States of the United States Secret Service’s duties re- under that lease. to carry out the national security objectives of lated to such designated events. (d) No lease entered into under this authority the United States through the guarantee of (2) Assistance under this subsection shall be shall provide for— steady domestic production of items necessary provided in accordance with an agreement that (1) the modification of the general purpose for low intensity conflicts to counter terrorism shall be entered into by the Secretary of Defense aircraft from the commercial configuration, un- or other imminent threats to the national secu- and the Secretary of the Treasury within 120 less and until separate authority for such con- rity of the United States. days of the enactment of this Act. version is enacted and only to the extent budget ‘‘(2) Sustain the economic stability of strategi- (b) REPORT ON ASSISTANCE.—Not later than authority is provided in advance in appropria- cally important domestic sectors of the defense January 30 of each year following a year in tions Acts for that purpose; or industry that manufacture or construct prod- which the Secretary of Defense provides assist- (2) the purchase of the aircraft by, or the ucts for low-intensity conflicts and counter ter- ance under this section, the Secretary shall sub- transfer of ownership to, the Air Force. rorism to respond to attacks on United States mit to Congress a report on the assistance pro- (e) The authority granted to the Secretary of national security and to protect potential vided. The report shall set forth— the Air Force by this section is separate from United States civilian and military targets from (1) a description of the assistance provided; and in addition to, and shall not be construed attack. and to impair or otherwise affect, the authority of ‘‘(3) Sustain the production and use of sys- (2) the amount expended by the Department the Secretary to procure transportation or enter tems that are critical for the exploration and de- in providing the assistance. into leases under a provision of law other than velopment of new domestic energy sources for (c) RELATIONSHIP TO OTHER LAWS.—The as- this section. the United States. sistance provided under this section shall not be (f) The authority provided under this section ‘‘(c) CONDITIONS.—A loan made or guaranteed subject to the provisions of sections 375 and 376 may be used to lease not more than a total of under the program shall meet the following re- of this title. one hundred aircraft for the purposes specified quirements: SEC. 8128. MULTI-YEAR AIRCRAFT LEASE PILOT herein. ‘‘(1) The period for repayment of the loan may PROGRAM. (a) The Secretary of the Air Force (g) Notwithstanding any other provision of not exceed five years. may, from funds provided in this Act or any fu- this Act or any other provision of law, the Presi- ‘‘(2) The loan shall be secured by primary col- ture appropriations Act, establish a multi-year dent shall have the sole authority to reprogram, lateral that is sufficient to pay the total amount pilot program for leasing general purpose Boe- for any other defense purpose, the funds au- of the unpaid principal and interest of the loan ing 767 aircraft in commercial configuration. thorized by this section if he determines that in the event of default. (b) Sections 2401 and 2401a of title 10, United doing so will increase national security or save ‘‘(d) EVALUATION OF COST.—As part of the States Code, shall not apply to any aircraft lives. consideration of each application for a loan or lease authorized by this section. SEC. 8129. From within amounts made avail- (c) Under the aircraft lease Pilot Program au- for a guarantee of the loan under the program, able in the Title II of this Act, under the head- the Secretary shall evaluate the cost of the loan thorized by this section: ing ‘‘Operation and Maintenance, Army Na- (1) The Secretary may include terms and con- within the meaning of section 502(5) of the Fed- tional Guard’’, and notwithstanding any other ditions in lease agreements that are customary eral Credit Reform Act of 1990 (2 U.S.C. provision of law, $2,500,000 shall be available in aircraft leases by a non-Government lessor to 661a(5)).’’. only for repairs and safety improvements to the a non-Government lessee, but only those that (2) The table of sections at the beginning of segment of Camp McCain Road which extends are not inconsistent with any of the terms and such section is amended by adding at the end from Highway 8 south toward the boundary of conditions mandated herein. the following new item: Camp McCain, Mississippi and originating (2) The term of any individual lease agreement ‘‘2228. Department of Defense strategic loan and intersection of Camp McCain Road; and for re- into which the Secretary enters under this sec- loan guaranty program.’’. tion shall not exceed 10 years, inclusive of any pairs and safety improvements to the segment of Greensboro Road which connects the Adminis- (b) Of the amounts appropriated by Public options to renew or extend the initial lease term. Law 107–38, there shall be available such sums (3) The Secretary may provide for special pay- tration Offices of Camp McCain to the Troutt Rifle Range: Provided, That these funds shall as may be necessary for the costs (as defined in ments in a lessor if the Secretary terminates or section 502(5) of the Federal Credit Reform Act cancels the lease prior to the expiration of its remain available until expended: Provided further, That the authorized scope of work in- of 1990 (2 U.S.C. 661a(5)) of direct loans and term. Such special payments shall not exceed an loan guarantees made under section 2228 of title amount equal to the value of one year’s lease cludes, but is not limited to, environmental documentation and mitigation, engineering and de- 10, United States Code, as added by subsection payment under the lease. (a). (4) Subchapter IV of chapter 15 of Title 31, sign, improving safety, resurfacing, widening SEC. 8133. REGULATION OF BIOLOGICAL AGENTS United States Code shall apply to the lease lanes, enhancing shoulders, and replacing signs AND TOXINS. (a) BIOLOGICAL AGENTS PROVISIONS transactions under this section, except that the and pavement markings. OF THE ANTITERRORISM AND EFFECTIVE DEATH limitation in section 1553(b)(2) shall not apply. SEC. 8130. From funds made available under (5) The Secretary shall lease aircraft under Title II of this Act, the Secretary of the Army PENALTY ACT OF 1996; CODIFICATION IN THE terms and conditions consistent with this section may make available a grant of $3,000,000 to the PUBLIC HEALTH SERVICE ACT, WITH AMEND- and consistent with the criteria for an operating Chicago Park District for renovation of the MENTS.— lease as defined in OMB Circular A–11, as in ef- Broadway Armory, a former National Guard fa- (1) PUBLIC HEALTH SERVICE ACT.—Subpart 1 of fect at the time of the lease. cility in the Edgewater community in Chicago. part F of title III of the Public Health Service (6) Lease arrangements authorized by this sec- SEC. 8131. Notwithstanding any other provi- Act (42 U.S.C. 262 et seq.) is amended by insert- tion may not commence until: sion of law, none of the funds in this Act may ing after section 351 the following: (A) The Secretary submits a report to the con- be used to alter specifications for insulation to ‘‘SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL gressional defense committees outlining the be used on U.S. naval ships or for the procure- AGENTS AND TOXINS. plans for implementing the Pilot Program. The ment of insulation materials different from those ‘‘(a) REGULATORY CONTROL OF BIOLOGICAL report shall describe the terms and conditions of in use as of November 1, 2001, until the Depart- AGENTS AND TOXINS.— proposed contracts and describe the expected ment of Defense certifies to the Appropriations ‘‘(1) LIST OF BIOLOGICAL AGENTS AND TOX- savings, if any, comparing total costs, including Committees that the proposed specification INS.— operation, support, acquisition, and financing, changes or proposed new insulation materials ‘‘(A) IN GENERAL.—The Secretary shall by reg- of the lease, including modification, with the will be as safe, provide no increase in weight, ulation establish and maintain a list of each bi- outright purchase of the aircraft as modified. and will not increase maintenance requirements ological agent and each toxin that has the po- (B) A period of not less than 30 calendar days when compared to the insulation material cur- tential to pose a severe threat to public health has elapsed after submitting the report. rently used. and safety.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12793

‘‘(B) CRITERIA.—In determining whether to cluding prohibitions on restricted persons under cal agent or toxin listed pursuant to subsection include an agent or toxin on the list under sub- subsection (g). (a)(1) or the site-specific security mechanisms in paragraph (A), the Secretary shall— ‘‘(f) EXEMPTIONS.— place to protect such agents and toxins, includ- ‘‘(i) consider— ‘‘(1) IN GENERAL.—The Secretary shall estab- ing the national database required in subsection ‘‘(I) the effect on human health of exposure to lish exemptions, including exemptions from the (d), shall not be disclosed under section 552(a) of the agent or toxin; security provisions, from the applicability of title 5, United States Code. ‘‘(II) the degree of contagiousness of the agent provisions of— ‘‘(2) DISCLOSURES FOR PUBLIC HEALTH AND or toxin and the methods by which the agent or ‘‘(A) the regulations issued under subsection SAFETY; CONGRESS.—Nothing in this section may toxin is transferred to humans; (b) and (c) when the Secretary determines that be construed as preventing the head of any Fed- ‘‘(III) the availability and effectiveness of the exemptions, including exemptions from the eral agency— pharmacotherapies and immunizations to treat security requirements, and for the use of attenu- ‘‘(A) from making disclosures of information and prevent any illness resulting from infection ated or inactive biological agents or toxins in described in paragraph (1) for purposes of pro- by the agent or toxin; and biomedical research or for legitimate medical tecting the public health and safety; or ‘‘(IV) any other criteria, including the needs purposes are consistent with protecting public ‘‘(B) from making disclosures of such informa- of children and other vulnerable populations, health and safety; and tion to any committee or subcommittee of the that the Secretary considers appropriate; and ‘‘(B) the regulations issued under subsection Congress with appropriate jurisdiction, upon re- ‘‘(ii) consult with appropriate Federal depart- (c) for agents and toxins that the Secretary de- quest. ments and agencies, and scientific experts rep- termines do not present a threat for use in do- ‘‘(i) CIVIL PENALTY.—Any person who violates resenting appropriate professional groups, in- mestic or international terrorism, provided the any provision of a regulation under subsection cluding those with pediatric expertise. exemptions are consistent with protecting public (b) or (c) shall be subject to the United States ‘‘(2) BIENNIAL REVIEW.—The Secretary shall health and safety. for a civil money penalty in an amount not ex- review and republish the list under paragraph ‘‘(2) CLINICAL LABORATORIES.—The Secretary ceeding $250,000 in the case of an individual and (1) biennially, or more often as needed, and shall exempt clinical laboratories and other per- $500,000 in the case of any other person. The shall, through rulemaking, revise the list as nec- sons that possess, use, or transfer biological provisions of section 1128A of the Social Security essary to incorporate additions or deletions to agents and toxins listed pursuant to subsection Act (other than subsections (a), (b), (h), and (i), ensure public health, safety, and security. (a)(1) from the applicability of provisions of reg- the first sentence of subsection (c), and para- ‘‘(3) EXEMPTIONS.—The Secretary may exempt ulations issued under subsections (b) and (c) graphs (1) and (2) of subsection (f)) small apply from the list under paragraph (1)— only when— to civil money penalties under this subsection in ‘‘(A) attenuated or inactive biological agents ‘‘(A) such agents or toxins are presented for the same manner as such provisions apply to a or toxins used in biomedical research or for le- diagnosis, verification, or proficiency testing; penalty or proceeding under section 1128A(a) of gitimate medical purposes; and ‘‘(B) the identification of such agents and tox- the Social Security Act. The secretary may dele- ‘‘(B) products that are cleared or approved ins is, when required under Federal or State gate authority under this section in the same under the Federal Food, Drug, and Cosmetic law, reported to the Secretary or other public manner as provided in section 1128A(j)(2) of the Act or under the Virus-Serum-Toxin Act, as health authorities; and Social Security Act and such authority shall in- amended in 1985 by the Food Safety and Secu- ‘‘(C) such agents or toxins are transferred or clude all powers as contained in 5 U.S.C. App., rity Act.’’; destroyed in a manner set forth by the Secretary section 6.’’ ‘‘(b) REGULATION OF TRANSFERS OF LISTED BI- in regulation. ‘‘(j) DEFINITIONS.—For purposes of this sec- OLOGICAL AGENTS AND TOXINS.—The Secretary ‘‘(g) SECURITY REQUIREMENTS FOR REG- tion, the terms ‘biological agent’ and ‘toxin’ shall by regulation provide for— ISTERED PERSONS.— have the same meaning as in section 178 of title ‘‘(1) the establishment and enforcement of ‘‘(1) SECURITY.—In carrying out paragraphs 18, United States Code.’’. safety procedures for the transfer of biological (2) and (3) of subsection (b), the Secretary shall (2) REGULATIONS.— agents and toxins listed pursuant to subsection establish appropriate security requirements for (A) DATE CERTAIN FOR PROMULGATION; EFFEC- (a)(1), including measures to ensure— persons possessing, using, or transferring bio- TIVE DATE REGARDING CRIMINAL AND CIVIL PEN- ‘‘(A) proper training and appropriate skills to logical agents and toxins listed pursuant to sub- ALTIES.—Not later than 180 days after the date handle such agents and toxins; and section (a)(1), considering existing standards de- of the enactment of this title, the Secretary of ‘‘(B) proper laboratory facilities to contain veloped by the Attorney General for the security Health and Human Services shall promulgate an and dispose of such agents and toxins; of government facilities, and shall ensure com- interim final rule for carrying out section ‘‘(2) safeguards to prevent access to such pliance with such requirements as a condition of 351A(c) of the Public Health Service Act, which agents and toxins for use in domestic or inter- registration under regulations issued under sub- amends the Antiterrorism and Effective Death national terrorism or for any other criminal pur- sections (b) and (c). Penalty Act of 1996. Such interim final rule will pose; ‘‘(2) LIMITING ACCESS TO LISTED AGENTS AND take effect 60 days after the date on which such ‘‘(3) the establishment of procedures to protect TOXINS.—Regulations issued under subsections rule is promulgated, including for purposes of— the public safety in the event of a transfer or (b) and (c) shall include provisions— (i) section 175(b) of title 18, United States Code potential transfer of a biological agent or toxin ‘‘(A) to restrict access to biological agents and (relating to criminal penalties), as added by sub- in violation of the safety procedures established toxins listed pursuant to subsection (a)(1) only section (b)(1)(B) of this section; and under paragraph (1) or the safeguards estab- to those individuals who need to handle or use (ii) section 351A(i) of the Public Health Serv- lished under paragraph (2); and such agents or toxins; and ice Act (relating to civil penalties). ‘‘(4) appropriate availability of biological ‘‘(B) to provide that registered persons (B) SUBMISSION OF REGISTRATION APPLICA- agents and toxins for research, education, and promptly submit the names and other identi- TIONS.—A person required to register for posses- other legitimate purposes. fying information for such individuals to the At- sion under the interim final rule promulgated ‘‘(c) POSSESSION AND USE OF LISTED BIOLOGI- torney General, with which information the At- under subparagraph (A), shall submit an appli- CAL AGENTS AND TOXINS.—The Secretary shall torney General shall promptly use criminal, im- cation for such registration not later than 60 by regulation provide for the establishment and migration, and national security databases days after the date on which such rule is pro- enforcement of standards and procedures gov- available to the Federal Government to identify mulgated. erning the possession and use of biological whether such individuals— (3) CONFORMING AMENDMENT.—Subsections agents and toxins listed pursuant to subsection ‘‘(i) are restricted persons, as defined in sec- (d), (e), (f), and (g) of section 511 of the (a)(1) in order to protect the public health and tion 175b of title 18, United States Code; or Antiterrorism and Effective Death Penalty Act safety, including the measures, safeguards, pro- ‘‘(ii) are named in a warrant issued to a Fed- of 1996 (42 U.S.C. 262 note) are repealed. cedures, and availability of such agents and eral or State law enforcement agency for partici- (4) EFFECTIVE DATE.—Paragraph (1) shall toxins described in paragraphs (1) through (4) of pation in any domestic or international act of take effect as if incorporated in the subsection (b), respectively. terrorism. Antiterrorism and Effective Death Penalty Act ‘‘(d) REGISTRATION AND TRACEABILITY MECHA- ‘‘(3) CONSULTATION AND IMPLEMENTATION.— of 1996, and any regulations, including the list NISMS.—Regulations under subsections (b) and Regulations under subsections (b) and (c) shall under subsection (d)(1) of section 511 of that (c) shall require registration for the possession, be developed in consultation with research-per- Act, issued under section 511 of that Act shall use, and transfer of biological agents and toxins forming organizations, including universities, remain in effect as if issued under section 351A listed pursuant to subsection (a)(1), and such and implemented with timeframes that take into of the Public Health Service Act. registration shall include (if available to the account the need to continue research and edu- (b) SELECT AGENTS.— registered person) information regarding the cation using biological agents and toxins listed (1) IN GENERAL.—Section 175 of title 18, United characterization of such biological agents and pursuant to subsection (a)(1). States Code, as amended by the Uniting and toxins to facilitate their identification and ‘‘(h) DISCLOSURE OF INFORMATION.— Strengthening America by Providing Appro- traceability. The Secretary shall maintain a na- ‘‘(1) IN GENERAL.—Any information in the priate Tools Required to Intercept and Obstruct tional database of the location of such biological possession of any Federal agency that identifies Terrorism (USA PATRIOT ACT) Act of 2001 agents and toxins with information regarding a person, or the geographic location of a person, (Public Law 107–56) is amended— their characterizations. who is registered pursuant to regulations under (A) by redesignating subsections (b) and (c) as ‘‘(e) INSPECTIONS.—The Secretary shall have this section (including regulations promulgated subsections (c) and (d), respectively; and the authority to inspect persons subject to the before the effective date of this subsection), or (B) by inserting after subsection (a) the fol- regulations under subsections (b) and (c) to en- any site-specific information relating to the lowing: sure their compliance with such regulations, in- type, quantity, or characterization of a biologi- ‘‘(b) SELECT AGENTS.—

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 S12794 CONGRESSIONAL RECORD — SENATE December 10, 2001

‘‘(1) UNREGISTERED FOR POSSESSION.—Who- (2) in the second sentence, by inserting before SEC. 8142. Of the amount appropriated by title ever knowingly possesses a biological agent or the period the following: ‘‘, and, in the case of IV of this division under the heading ‘‘RE- toxin where such agent or toxin is a select agent a member of the National Guard, shall include SEARCH, DEVELOPMENT, TEST AND EVALUATION, for which such person has not obtained a reg- training or other duty authorized by section AIR FORCE’’, $1,000,000 may be made available istration required by regulation issued under 502(f) of title 32, United States Code, at the re- for Agile Combat Support for the Rural Low section 351A(c) of the Public Health Service Act quest of the President, for or in support of an Bandwidth Medical Collaboration System. shall be fined under this title, or imprisoned for operation during a war or national emergency SEC. 8143. Of the total amount appropriated not more than 5 years, or both. declared by the President or Congress’’. by this division for operation and maintenance, ‘‘(2) TRANSFER TO UNREGISTERED PERSON.— SEC. 8135. SENSE OF CONGRESS CONCERNING Navy, $6,000,000 may be available for the critical Whoever transfers a select agent to a person THE MILITARY INDUSTRIAL BASE. (a) IN GEN- infrastructure protection initiative. who the transferor has reasons to believe has ERAL.—It is the sense of the Congress that the SEC. 8144. Of the funds provided in this Act not obtained a registration required by regula- military aircraft industrial base of the United under the heading, ‘‘RESEARCH, DEVELOPMENT, tions issued under section 351A(b) or (c) of the States be preserved. In order to ensure this we TEST AND EVALUATION, AIR FORCE’’, $2,000,000 Public Health Service Act shall be fined under must retain— may be made available for Battlespace Logistics this title, or imprisoned for not more than 5 (1) adequate competition in the design, engi- Readiness and Sustainment project in Fayette- years, or both.’’. neering, production, sale and support of mili- ville, Arkansas. (2) DEFINITIONS.—Section 175 of title 18, tary aircraft; SEC. 8145. Of the funds appropriated by title United States Code, as amended by paragraph (2) continued innovation in the development VI of this division under the heading ‘‘DRUG (1), is further amended by striking subsection and manufacture of military aircraft; INTERDICTION AND COUNTER-DRUG ACTIVITIES, (3) actual and future capability of more than (d) and inserting the following: DEFENSE’’, $2,400,000 may be made available for one aircraft company to design, engineer, ‘‘(d) DEFINITIONS.—As used in this section: the Counter Narcotics and Terrorism Oper- produce and support military aircraft. ‘‘(1) The terms ‘biological agent’ and ‘toxin’ ational Medical Support Program at the Uni- (b) STUDY OF IMPACT ON THE INDUSTRIAL have the meanings given such terms in section formed Services University of the Health BASE.—In order to determine the current and 178, except that, for purposes of subsections (b) future adequacy of the military aircraft indus- Sciences. and (c), such terms do not encompass any bio- SEC. 8146. (a) ASSESSMENT REQUIRED.—Not trial base a study shall be conducted. Of the logical agent or toxin that is in its naturally oc- later than March 15, 2002, the Secretary of the funds made available under the heading ‘‘PRO- curring environment, if the biological agent or Army shall submit to the Committees on Appro- CUREMENT, DEFENSE-WIDE’’ in this Act, up to toxin has not been cultivated, cultured, col- $1,500,000 may be made available for a com- priations of the Senate and House of Represent- lected, or otherwise extracted from its natural prehensive analysis of and report on the risks to atives a report containing an assessment of cur- source. innovation and cost of limited or no competition rent risks under, and various alternatives to, ‘‘(2) The term ‘for use as a weapon’ includes in contracting for military aircraft and related the current Army plan for the destruction of the development, production, transfer, acquisi- weapon systems for the Department of Defense, chemical weapons. tion, retention, or possession of any biological including the cost of contracting where there is (b) ELEMENTS.—The report under subsection agent, toxin, or delivery system, other than for no more than one primary manufacturer with (a) shall include the following: prophylactic, protective, or other peaceful pur- the capacity to bid for and build military air- (1) A description and assessment of the cur- poses. craft and related weapon systems, the impact of rent risks in the storage of chemical weapons ‘‘(3) The term ‘select agent’ means a biological any limited competition in primary contracting arising from potential terrorist attacks. (2) A description and assessment of the cur- agent or toxin, as defined in paragraph (1), that on innovation in the design, development, and is on the list that is in effect pursuant to section construction of military aircraft and related rent risks in the storage of chemical weapons 511(d)(1) of the Antiterrorism and Effective weapon systems, the impact of limited competi- arising from storage of such weapons after April Death Penalty Act of 1996 (Public Law 104–132), tion in primary contracting on the current and 2007, the required date for disposal of such or as subsequently revised under section 351A(a) future capacity of manufacturers to design, en- weapons as stated in the Chemical Weapons of the Public Health Service Act.’’. gineer and build military aircraft and weapon Convention. (3) CONFORMING AMENDMENT.— systems. The Secretary of Defense shall report to (3) A description and assessment of various (A) Section 175(a) of title 18, United States the House and Senate Committees on Appropria- options for eliminating or reducing the risks de- Code, is amended in the second sentence by tions on the design of this analysis, and shall scribed in paragraphs (1) and (2). striking ‘‘under this section’’ and inserting submit a report to these committees no later (c) CONSIDERATIONS.—In preparing the report, ‘‘under this subsection’’. than 6 months from the date of enactment of the Secretary shall take into account the plan (B) Section 175(c) of title 18, United States this Act. for the disassembly and neutralization of the Code, (as redesignated by paragraph (1)), is SEC. 8136. The Secretary of the Army shall, agents in chemical weapons as described in amended by striking the second sentence. using amounts appropriated by title II of this Army engineering studies in 1985 and 1996, the (c) REPORT TO CONGRESS.—Not later than 1 division under the heading ‘‘OPERATION AND 1991 Department of Defense Safety Contingency year after the date of the enactment of this Act, MAINTENANCE, ARMY’’, make a production grant Plan, and the 1993 findings of the National the Secretary of Health and Human Services, in the amount of $2,000,000 to Green Tree Chem- Academy of Sciences on disassembly and neu- after consultation with other appropriate Fed- ical Technologies of Parlin, New Jersey, in order tralization of chemical weapons. eral agencies, shall submit to the Congress a re- to help sustain that company through fiscal SEC. 8147. Of the amount appropriated by title port that— year 2002. IV of this division under the heading ‘‘RE- (1) describes the extent to which there has SEC. 8137. Of the funds appropriated in this SEARCH, DEVELOPMENT, TEST AND EVALUATION, been compliance by governmental and private Act under the heading ‘‘RESEARCH, DEVELOP- DEFENSE-WIDE’’ and available for the Advanced entities with applicable regulations under sec- MENT, TEST AND EVALUATION, AIR FORCE’’ up to Technology Development for Arms Control tion 351A of the Public Health Service Act, in- $4,000,000 may be made available to extend the Technology element, $7,000,000 may be made cluding the extent of compliance before the date modeling and reengineering program now being available for the Nuclear Treaty sub-element of of the enactment of this Act, and including the performed at the Oklahoma City Air Logistics such element for peer-reviewed seismic research extent of compliance with regulations promul- Center Propulsion Directorate. to support Air Force operational nuclear test gated after such date of enactment; SEC. 8138. Of the total amount appropriated monitoring requirements. (2) describes the actions to date and future by title VI under the heading ‘‘OTHER DEPART- SEC. 8148. Of the amount available in title III plans of the Secretary for updating the list of bi- MENT OF DEFENSE APPROPRIATIONS’’, $7,500,000 of this division under the heading ‘‘PROCURE- ological agents and toxins under section may be available for Armed Forces Retirement MENT OF AMMUNITION, AIR FORCE’’, $10,000,000 351A(a)(1) of the Public Health Service Act; Homes. may be available for procurement of Sensor (3) describes the actions to date and future SEC. 8139. Of the total amount appropriated Fused Weapons (CBU–97). plans of the Secretary for determining compli- by this division for operation and maintenance, SEC. 8149. Of the amount appropriated by title ance with regulations under such section 351A Marine Corps, $2,800,000 may be used for com- III of this division under the heading ‘‘OTHER of the Public Health Service Act and for taking pleting the fielding of half-zip, pullover, fleece PROCUREMENT, NAVY’’, $8,000,000 may be made appropriate enforcement actions; and uniform shirts for all members of the Marine available for procurement of the Tactical Sup- (4) provides any recommendations of the Sec- Corps, including the Marine Corps Reserve. port Center, Mobile Acoustic Analysis System. retary for administrative or legislative initiatives SEC. 8140. Of the amount appropriated by title SEC. 8150. Of the total amount appropriated regarding such section 351A of the Public III of this division under the heading ‘‘AIR- by this division for operation and maintenance, Health Service Act. CRAFT PROCUREMENT, AIR FORCE’’, $6,000,000 Air National Guard, $4,000,000 may be used for SEC. 8134. Section 101(1) of the Soldiers’ and may be available for 10 radars in the Air Force continuation of the Air National Guard Infor- Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. Radar Modernization Program for C–130H2 air- mation Analysis Network (GUARDIAN). 511(1)) is amended— craft for aircraft of the Nevada Air National SEC. 8151. Of the amount appropriated by title (1) in the first sentence— Guard at Reno, Nevada. II for operation and maintenance, Defense- (A) by striking ‘‘and all’’ and inserting ‘‘all’’; SEC. 8141. Of the amount appropriated by title wide, $55,700,000 may be available for the De- and IV of this division under the heading ‘‘RE- fense Leadership and Management Program. (B) by inserting before the period the fol- SEARCH, DEVELOPMENT, TEST AND EVALUATION, SEC. 8152. Of the funds made available in title lowing: ‘‘, and all members of the National ARMY’’, $3,000,000 may be made available for IV of this Act under the heading ‘‘RESEARCH, Guard on duty described in the following sen- Medical Development for the Clark County, Ne- DEVELOPMENT, TEST AND EVALUATION, ARMY’’, tence’’; and vada, bioterrorism and public health laboratory. up to $4,000,000 may be made available for the

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12795

Display Performance and Environmental Eval- test, and evaluation, $2,000,000 may be available AND MAINTENANCE, ARMY’’, $2,550,000 may be uation Laboratory Project of the Army Research for research and development of key enabling available for the U.S. Army Materiel Command’s Laboratory. technologies (such as filament winding, braid- Logistics and Technology Project (LOGTECH). SEC. 8153. Of the funds made available in title ing, contour weaving, and dry powder resin SEC. 8173. Of the total amount appropriated II of this Act under the heading ‘‘OPERATION towpregs fabrication) for producing low cost, by title IV under the heading ‘‘RESEARCH, DE- AND MAINTENANCE, NAVY’’, up to $2,000,000 may improved performance, reduced signature, multi- VELOPMENT, TEST AND EVALUATION, NAVY’’, be made available for the U.S. Navy to expand functional composite materials. $5,000,000 is available for the planning and de- the number of combat aircrews who can benefit SEC. 8161. Of the total amount appropriated sign for evolutionary improvements for the next from outsourced Joint Airborne Tactical Elec- under title IV for research, development, test LHD-type Amphibious Assault Ship. tronic Combat Training. and evaluation, Army, $2,000,000 may be avail- SEC. 8174. (a) Of the total amount appro- SEC. 8154. Of the funds made available in title able for the Collaborative Engineering Center of priated by title III of this division for procure- II of this Act under the heading ‘‘OPERATION Excellence, $3,000,000 may be available for the ment, Defense-Wide, up to $5,000,000 may be AND MAINTENANCE, AIR FORCE’’, up to $2,000,000 Battlefield Ordnance Awareness, and $4,000,000 made available for low-rate initial production of may be made available for the U.S. Air Force to may be available for the Cooperative Micro-sat- the Striker advanced lightweight grenade expand the number of combat aircrews who can ellite Experiment. launcher. benefit from outsourced Joint Airborne Tactical SEC. 8162. Of the amount appropriated by title (b) Of the total amount appropriated by title Electronic Combat Training. IV of this division under the heading ‘‘RE- IV of this division for research, development, SEC. 8155. SENSE OF THE SENATE REGARDING SEARCH, DEVELOPMENT, TEST AND EVALUATION, test and evaluation, Navy, up to $1,000,000 may ENVIRONMENTAL CONTAMINATION IN THE PHIL- ARMY’’ that is available for Munitions, be made available for the Warfighting Labora- IPPINES. It is the sense of the Senate that— $5,000,000 may be available to develop high-per- tory for delivery and evaluation of prototype (1) the Secretary of State, in cooperation with formance 81mm and 120mm mortar systems that units of the Striker advanced lightweight gre- the Secretary of Defense, should continue to use metal matrix composites to substantially re- nade launcher. work with the Government of the Philippines duce the weight of such systems. SEC. 8175. Of the total amount appropriated and with appropriate non-governmental organi- SEC. 8163. Of the total amount appropriated by title IV of this division for research, develop- zations in the United States and the Philippines by title IV of this division for research, development, test and evaluation, Defense-Wide, up to to fully identify and share all relevant informa- ment, test, and evaluation, Air Force, up to $4,000,000 may be made available for the Intel- tion concerning environmental contamination $6,000,000 may be used for human effectiveness ligent Spatial Technologies for Smart Maps Ini- tiative of the National Imagery and Mapping and health effects emanating from former applied research for continuing development Agency. United States military facilities in the Phil- under the solid electrolyte oxygen separation SEC. 8176. Of the total amount appropriated ippines following the departure of the United program of the Air Force. SEC. 8164. Section 8106 of the Department of by title IV of this division for research, develop- States military forces from the Philippines in Defense Appropriations Act, 1997 (titles I ment, test, and evaluation, Defense-Wide, 1992; through VIII of the matter under subsection $5,000,000 may be available for further develop- (2) the United States and the Government of 101(b) of Public Law 104–208; 110 Stat. 3009–111, ment of light weight sensors of chemical and bi- the Philippines should continue to build upon 10 U.S.C. 113 note) shall continue in effect to ological agents using fluorescence-based detec- the agreements outlined in the Joint Statement apply to disbursements that are made by the De- tion. by the United States and the Republic of the partment of Defense in fiscal year 2002. SEC. 8177. Of the amount appropriated by title Philippines on a Framework for Bilateral Co- SEC. 8165. Of the amount appropriated by title IV of this division under the heading ‘‘RE- operation in the Environment and Public IV of this division for the Army for research, de- SEARCH, DEVELOPMENT, TEST AND EVALUATION, Health, signed on July 27, 2000; and velopment, test, and evaluation, $5,000,000 may ARMY’’, $2,500,000 may be made available for the (3) Congress should encourage an objective be available for the Three-Dimensional Army Nutrition Project. non-governmental study, which would examine Ultrasound Imaging Initiative II. SEC. 8178. Of the amount appropriated by title environmental contamination and health effects SEC. 8166. Of the amount available in title IV IV of this division under the heading ‘‘RE- emanating from former United States military of this division under the heading ‘‘RESEARCH, SEARCH, DEVELOPMENT, TEST AND EVALUATION, facilities in the Philippines, following the depar- DEVELOPMENT, TEST AND EVALUATION, ARMY’’ DEFENSE-WIDE’’, $2,000,000 may be made avail- ture of United States military forces from the that is available for missile technology, able for the Partnership for Peace (PFP) Infor- Philippines in 1992. $5,000,000 may be available for the Surveillance mation Management System. Any amount made SEC. 8156. (a) AUTHORITY FOR BURIAL OF CER- Denial Solid Dye Laser Technology program of available for the Partnership for Peace Informa- TAIN INDIVIDUALS AT ARLINGTON NATIONAL CEM- the Aviation and Missile Research, Development tion Management System under this section is in ETERY.—The Secretary of the Army shall au- and Engineering Center of the Army. addition to other amounts available for the thorize the burial in a separate gravesite at Ar- SEC. 8167. Of the amount appropriated by title Partnership for Peace Information Management lington National Cemetery, Virginia, of any in- III of this division under the heading ‘‘OTHER System under this Act. dividual who— PROCUREMENT, ARMY’’, $10,000,000 may be made SEC. 8179. Of the amount appropriated by title (1) died as a direct result of the terrorist at- available for procurement of Shortstop Elec- III of this division under the heading ‘‘OTHER tacks on the United States on September 11, tronic Protection Systems for critical force pro- PROCUREMENT, ARMY’’, $4,892,000 may be used 2001; and tection. for the Communicator Automated Emergency (2) would have been eligible for burial in Ar- SEC. 8168. Of the amount appropriated by title Notification System of the Army National lington National Cemetery by reason of service IV of this division under the heading ‘‘RE- Guard. in a reserve component of the Armed Forces but SEARCH, DEVELOPMENT, TEST AND EVALUATION, SEC. 8180. Of the funds provided for Research, for the fact that such individual was less than NAVY’’, up to $5,000,000 may be made available Development, Test and Evaluation in this Act, 60 years of age at the time of death. for the Broad Area Maritime Surveillance pro- the Secretary of Defense may use $10,000,000 to (b) ELIGIBILITY OF SURVIVING SPOUSE.—The gram. initiate a university-industry program to utilize surviving spouse of an individual buried in a SEC. 8169. (a) INCREASE IN AMOUNT AVAILABLE advances in 3-dimensional chip scale packaging gravesite in Arlington National Cemetery under FOR FORMER SOVIET UNION THREAT REDUC- (CSP) and high temperature superconducting the authority provided under subsection (a) TION.—The amount appropriated by title II of (HTS) transceiver performance, to reduce the shall be eligible for burial in the gravesite of the this division under the heading ‘‘FORMER SO- size, weight, power consumption, and cost of ad- individual to the same extent as the surviving VIET UNION THREAT REDUCTION’’ is hereby in- vanced military wireless communications sys- spouse of any other individual buried in Arling- creased by $46,000,000. tems for covert military and intelligence oper- ton National Cemetery is eligible for burial in (b) OFFSET.—The amount appropriated by ations, especially HUMINT. the gravesite of such other individual. title II of this division under the heading ‘‘OP- SEC. 8181. (a) FUNDING FOR NATIONAL GUARD SEC. 8157. In fiscal year 2002, the Department ERATION AND MAINTENANCE, DEFENSE-WIDE’’ is CONSOLIDATED INTERACTIVE VIRTUAL INFORMA- of the Interior National Business Center may hereby decreased by $46,000,000. TION CENTER.— Of the amount appropriated by continue to enter into grants, cooperative agree- SEC. 8170. Of the total amount appropriated title II of this division under the heading ‘‘OP- ments, and other transactions, under the De- by title IV under the heading ‘‘RESEARCH, DE- ERATION AND MAINTENANCE, AIR NATIONAL fense Conversion, Reinvestment, and Transition VELOPMENT, TEST AND EVALUATION, DEFENSE- GUARD’’, $5,000,000 may be available for the Assistance Act of 1992, and other related legisla- WIDE’’, $2,000,000 may be made available for Consolidated Interactive Virtual Information tion. Military Personnel Research. Center of the National Guard. SEC. 8158. Of the total amount appropriated SEC. 8171. Funds appropriated by this Act for (b) SUPPLEMENT NOT SUPPLANT.—The amount by this division for other procurement, Army, C–130J aircraft shall be used to support the Air available under subsection (a) for the Consoli- $9,000,000 may be available for the ‘‘Product Im- Force’s long-range plan called the ‘‘C–130 Road- dated Interactive Virtual Information Center of proved Combat Vehicle Crewman’s Headset’’. map’’ to assist in the planning, budgeting, and the National Guard is in addition to any other SEC. 8159. Of the funds appropriated by this beddown of the C–130J fleet. The ‘‘C–130 Road- amounts available under this Act for the Con- division for research, development, test and map’’ gives consideration to the needs of the solidated Interactive Virtual Information Cen- evaluation, Navy, up to $4,000,000 may be used service, the condition of the aircraft to be re- ter. to support development and testing of new de- placed, and the requirement to properly phase SEC. 8182. Of the amount appropriated by title signs of low cost digital modems for Wideband facilities to determine the best C–130J aircraft IV of this division under the heading ‘‘RE- Common Data Link. beddown sequence. SEARCH, DEVELOPMENT, TEST AND EVALUATION, SEC. 8160. Of the amount appropriated by this SEC. 8172. Of the funds made available in title NAVY’’ and available for Navy Space and Elec- division for the Army for research, development, II of this Act under the heading ‘‘OPERATION tronic Warfare (SEW) Architecture/Engine,

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 S12796 CONGRESSIONAL RECORD — SENATE December 10, 2001

$1,200,000 may be made available for concept de- SEARCH, DEVELOPMENT, TEST AND EVALUATION, SEC. 8200. Of the amount appropriated by title velopment and composite construction of high NAVY’’, $5,000,000 may made be available for a III under the heading ‘‘AIRCRAFT PROCURE- speed vessels currently implemented by the Navy program at the Naval Medical Research Center MENT, NAVY’’, $8,960,000 may be available for Warfare Development Command. (NMRC) to treat victims of radiation exposure. the Navy for four Hushkit noise inhibitors for SEC. 8183. Of the total amount appropriated SEC. 8194. Of the amount appropriated by title C–9 aircraft. by this division for operation and maintenance, IV of this division under the heading ‘‘RE- SEC. 8201. Of the amount appropriated by title Defense-Wide, $5,000,000 may be available for SEARCH, DEVELOPMENT, TEST AND EVALUATION, VI of this division under the heading ‘‘DEFENSE payments under section 363 of the Floyd D. DEFENSE-WIDE’’, $10,000,000 may be available HEALTH PROGRAM’’, $5,000,000 may be available Spence National Defense Authorization Act for for the Gulf States Initiative. for the Army for the development of the Oper- Fiscal Year 2001 (as enacted into law by Public SEC. 8195. Of the total amount appropriated ating Room of the Future, an applied tech- Law 106–398; 114 Stat. 1654A–77). by title IV of this division for research, develop- nology test bed at the University of Maryland SEC. 8184. (a) FINDINGS.—The Senate makes ment, test, and evaluation, Navy, $4,300,000 may Medical Center. the following findings: be available for the demonstration and valida- SEC. 8202. Of the amount appropriated by title (1) The military departments have recently tion of laser fabricated steel reinforcement for IV of this division under the heading ‘‘RE- initiated worker safety demonstration programs. ship construction. SEARCH EVELOPMENT EST AND VALUATION (2) These programs are intended to improve SEC. 8196. REPORT ON PROGRESS TOWARD IM- , D , T E , the working conditions of Department of De- PLEMENTATION OF COMPREHENSIVE NUCLEAR ARMY’’, $5,700,000 may be made available for the fense personnel and save money. THREAT REDUCTION PROGRAMS TO SAFEGUARD Coalition for Advanced Biomaterials Tech- (3) These programs are in the public interest, PAKISTANI AND INDIAN MISSILE NUCLEAR STOCK- nologies and Therapies (CABTT) program to and the enhancement of these programs will PILES AND TECHNOLOGY. (a) FINDINGS.—Con- maximize far-forward treatment and for the ac- lead to desirable results for the military depart- gress makes the following findings: celerated return to duty of combat casualties. ments. (1) Since 1991 the Nunn-Lugar cooperative SEC. 8203. Of the amount appropriated by title (b) FUNDS FOR ENHANCEMENT OF ARMY PRO- threat reduction initiative with the Russian III of this division under the heading ‘‘AIR- GRAM.—Of the amount appropriated by title II Federation has sought to address the threat CRAFT PROCUREMENT, NAVY’’, $9,800,000 may be of this division under the heading ‘‘OPERATION posed by Soviet-era stockpiles of nuclear, chem- available for Advanced Digital Recorders and AND MAINTENANCE, ARMY’’, $3,300,000 may be ical, and biological weapons-grade materials Digital Recorder Producers for P–3 aircraft. available to enhance the Worker Safety Dem- being illicitly acquired by terrorist organizations SEC. 8204. From amounts appropriated by this onstration Program of the Army. or rogue states. division, amounts may hereby be made available (c) FUNDS FOR ENHANCEMENT OF NAVY PRO- (2) India and Pakistan have acquired or de- as follows: $8,000,000 for Big Crow (PE605118D). GRAM.—Of the amount appropriated by title II veloped independently nuclear materials, deto- SEC. 8205. From within amounts appropriated of this division under the heading ‘‘OPERATION nation devices, warheads, and delivery systems by title IV of this division under the heading AND MAINTENANCE, NAVY’’, $3,300,000 may be as part of their nuclear weapons programs. ‘‘RESEARCH, DEVELOPMENT, TEST AND EVALUA- available to enhance the Worker Safety Dem- (3) Neither India nor Pakistan is currently a TION, ARMY’’ the Commanding General of the onstration Program of the Navy. signatory of the Nuclear Non-Proliferation Army Space and Missile Defense Command may (d) FUNDS FOR ENHANCEMENT OF AIR FORCE Treaty or the Comprehensive Test Ban Treaty or acquire and maintain domed housing units for PROGRAM.—Of the amount appropriated by title an active participant in the United Nations military personnel on Kwajalein Atoll and other II of this division under the heading ‘‘OPER- Conference of Disarmament, nor do these coun- islands and locations in support of the mission ATION AND MAINTENANCE, AIR FORCE’’, tries voluntarily submit to international inspec- of the command. tions of their nuclear facilities. $3,300,000 may be available to enhance the SEC. 8206. Of the funds made available in title Worker Safety Demonstration Program of the (4) Since the commencement of the military campaign against the Taliban regime and the IV of this Act under the heading ‘‘RESEARCH, Air Force. DEVELOPMENT, TEST AND EVALUATION, ARMY’’ SEC. 8185. Of the total amount appropriated al-Qaeda terrorist network in Afghanistan, $4,000,000 may be available for a national tissue by this division for operation and maintenance, Pakistan has taken additional steps to secure its engineering center. Air National Guard, $435,000 may be available nuclear assets from theft by members of al- SEC. 8207. Of the funds in title III for Ammu- (subject to section 2805(c) of title 10, United Qaeda or other terrorists sympathetic to Osama nition Procurement, Army, $5,000,000 may be States Code) for the replacement of deteriorating bin Laden or the Taliban. available for M107, HE, 155mm. gas lines, mains, valves, and fittings at the Air (5) Self-policing of nuclear materials and sen- National Guard facility at Rosecrans Memorial sitive technologies by Indian and Pakistani au- SEC. 8208. Of the funds in title IV for Re- Airport, St. Joseph, Missouri, and (subject to thorities without up-to-date Western technology search, Development, Test and Evaluation, Air section 2811 of title 10, United States Code) for and expertise in the nuclear security area is un- Force, $1,000,000 may be available for Integrated the repair of the roof of the Aerial Port Facility likely to prevent determined terrorists or sympa- Medical Information Technology System. at that airport. thizers from gaining access to such stockpiles SEC. 8209. Of the funds authorized in title IV SEC. 8186. Of the amount appropriated in title over the long term. for appropriation for Research, Development, IV of this division under the heading ‘‘RE- (6) The United States has a significant na- Test and Evaluation, Navy, $3,000,000 may be SEARCH, DEVELOPMENT, TEST AND EVALUATION, tional security interest in cooperating with available for modular helmet. NAVY’’, $7,000,000 may be made available for the India and Pakistan in order to ensure that ef- SEC. 8210. Of the funds available in title II for Center for Advanced Power Systems. fective nuclear threat reduction programs and Operation and Maintenance, Army Reserve, SEC. 8187. Of the amount appropriated by title policies are being pursued by the governments of $5,000,000 may be available for land forces readi- IV of this division for the Air Force for research, those two countries. ness-information operations. development, test, and evaluation, $3,500,000 (b) REPORT.—Not later than 180 days after the SEC. 8211. Of the total amount appropriated may be available for the Collaborative Tech- date of enactment of this Act, the Secretary of by title III of this division for other procure- nology Clusters program. Defense, in cooperation with the Secretaries of ment, Navy, $10,000,000 may be available for the SEC. 8188. Of the amount appropriated by title State and Energy, shall submit a report to Con- NULKA decoy procurement. gress describing the steps that have been taken III of this division under the heading ‘‘OTHER SEC. 8212. (a) MODIFICATION OF GENERAL RE- to develop cooperative threat reduction pro- PROCUREMENT, ARMY’’, $7,000,000 may be avail- QUIREMENTS.—Section 1078(b) of the Floyd D. able for Army live fire ranges. grams with India and Pakistan. Such report Spence National Defense Authorization Act for SEC. 8189. Of the amount appropriated by title shall include recommendations for changes in Fiscal Year 2001 (as enacted by Public Law 106– II of this division under the heading ‘‘OPER- any provision of existing law that is currently 398; 114 Stat. 1654A–283) is amended— an impediment to the full establishment of such ATION AND MAINTENANCE, AIR FORCE’’, (1) in paragraph (1), by inserting ‘‘, or its con- programs, a timetable for implementation of $3,900,000 may be available for the aging air- tractors or subcontractors,’’ after ‘‘Department such programs, and an estimated five-year craft program of the Air Force. of Defense’’; and SEC. 8190. Of the total amount appropriated in budget that will be required to fully fund such (2) in paragraph (3), by striking ‘‘stored, as- title II of this division for operation and mainte- programs. sembled, disassembled, or maintained’’ and in- nance, Navy, for civilian manpower and per- SEC. 8197. Of the amount appropriated by title serting ‘‘manufactured, assembled, or disassem- sonnel management, $1,500,000 may be used for III of this division under the heading ‘‘PRO- bled’’. the Navy Pilot Human Resources Call Center, CUREMENT, MARINE CORPS’’, $5,000,000 may be Cutler, Maine. available for M–4 Carbine, Modular Weapon (b) DETERMINATION OF EXPOSURES AT IAAP.— SEC. 8191. Of the total amount appropriated in Systems. The Secretary of Defense shall take appropriate title IV of this division for research, develop- SEC. 8198. Of the amount appropriated by title actions to determine the nature and extent of ment, test and evaluation, Army, $5,000,000 may III of this division under the heading ‘‘AIR- the exposure of current and former employees at be used for Compact Kinetic Energy Missile In- CRAFT PROCUREMENT, ARMY’’, $7,500,000 may be the Army facility at the Iowa Army Ammunition ertial Future Missile Technology Integration. available for AN/AVR–2A laser detecting sets. Plant, including contractor and subcontractor SEC. 8192. Of the amount appropriated by title SEC. 8199. Of the amount appropriated by title employees at the facility, to radioactive or other III of this division under the heading ‘‘OTHER IV of this division under the heading ‘‘RE- hazardous substances at the facility, including PROCUREMENT, NAVY’’, $1,600,000 may be avail- SEARCH, DEVELOPMENT, TEST AND EVALUATION, possible pathways for the exposure of such em- able for the Navy for Engineering Control and AIR FORCE’’, $2,500,000 may be available for In- ployees to such substances. Surveillance Systems. dustrial Preparedness (PE0708011F) for con- (c) NOTIFICATION OF EMPLOYEES REGARDING SEC. 8193. Of the amount appropriated by title tinuing development of the nickel-metal hydride EXPOSURE.—(1) The Secretary shall take appro- IV of this division under the heading ‘‘RE- replacement battery for F–16 aircraft. priate actions to—

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.003 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12797 (A) identify current and former employees at gram. The report shall describe the pilot pro- (8) Members of the Armed Forces of the United the facility referred to in subsection (b), includ- gram, assess the progress of the pilot program, States should be free from the risk of prosecu- ing contractor and subcontractor employees at and contain such recommendations as the Sec- tion by the International Criminal Court, espe- the facility; and retary considers appropriate regarding expan- cially when they are stationed or deployed (B) notify such employees of known or pos- sion or extension of the pilot program. around the world to protect the vital national sible exposures to radioactive or other haz- SEC. 8216. Of the amount appropriated by title interests of the United States. The United States ardous substances at the facility. IV of this division under the heading ‘‘RE- Government has an obligation to protect the (2) Notice under paragraph (1)(B) shall in- SEARCH, DEVELOPMENT, TEST AND EVALUATION, members of its Armed Forces, to the maximum clude— NAVY’’, $2,000,000 may be allocated to the Ad- extent possible, against criminal prosecutions (A) information on the discussion of exposures vanced Safety Tether Operation and Reliability/ carried out by the International Criminal Court. covered by such notice with health care pro- Space Transfer using Electrodynamic Propul- (9) In addition to exposing members of the viders and other appropriate persons who do not sion (STEP-AIRSEDS) program (PE0602236N) of Armed Forces of the United States to the risk of hold a security clearance; and the Office of Naval Research/Navy Research international criminal prosecution, the Rome (B) if necessary, appropriate guidance on con- Laboratory. Statute creates a risk that the President and other senior elected and appointed officials of tacting health care providers and officials in- TITLE IX—AMERICAN SERVICEMEMBERS’ the United States Government may be pros- volved with cleanup of the facility who hold an PROTECTION ACT OF 2001 appropriate security clearance. ecuted by the International Criminal Court. (3) Notice under paragraph (1)(B) shall be by SEC. 9001. SHORT TITLE. Particularly if the Preparatory Commission mail or other appropriate means, as determined This title may be cited as the ‘‘American agrees on a definition of the Crime of Aggression by the Secretary. Servicemembers’ Protection Act of 2001’’. over United States objections, senior United (d) DEADLINE FOR ACTIONS.—The Secretary SEC. 9002. FINDINGS. States officials may be at risk of criminal pros- shall complete the actions required by sub- Congress makes the following findings: ecution for national security decisions involving sections (b) and (c) not later than 90 days after (1) On July 17, 1998, the United Nations Diplo- such matters as responding to acts of terrorism, the date of the enactment of this Act. matic Conference of Plenipotentiaries on the Es- preventing the proliferation of weapons of mass (e) REPORT.—Not later than 90 days after the tablishment of an International Criminal Court, destruction, and deterring aggression. No less date of the enactment of this Act, the Secretary meeting in Rome, Italy, adopted the ‘‘Rome than members of the Armed Forces of the United shall submit to the congressional defense com- Statute of the International Criminal Court’’. States, senior officials of the United States Gov- mittees a report setting forth the results of the The vote on whether to proceed with the statute ernment should be free from the risk of prosecu- actions undertaken by the Secretary under this was 120 in favor to 7 against, with 21 countries tion by the International Criminal Court, espe- section, including any determinations under abstaining. The United States voted against cially with respect to official actions taken by subsection (b), the number of workers identified final adoption of the Rome Statute. them to protect the national interests of the under subsection (c)(1)(A), the content of the (2) As of April 30, 2001, 139 countries had United States. notice to such workers under subsection signed the Rome Statute and 30 had ratified it. (10) Any agreement within the Preparatory (c)(1)(B), and the status of progress on the pro- Pursuant to Article 126 of the Rome Statute, the Commission on a definition of the Crime of Ag- vision of the notice to such workers under sub- statute will enter into force on the first day of gression that usurps the prerogative of the section (c)(1)(B). the month after the 60th day following the date United Nations Security Council under Article SEC. 8213. Of the amount appropriated by title on which the 60th country deposits an instru- 39 of the charter of the United Nations to ‘‘de- IV of this division under the heading ‘‘RE- ment ratifying the statute. termine the existence of any . . . act of aggres- SEARCH, DEVELOPMENT, TEST AND EVALUATION, (3) Since adoption of the Rome Statute, a Pre- sion’’ would contravene the charter of the AIR FORCE’’ $1,000,000, may be available for paratory Commission for the International United Nations and undermine deterrence. Low Cost Launch Vehicle Technology. Criminal Court has met regularly to draft docu- (11) It is a fundamental principle of inter- SEC. 8214. (a) STUDY OF PHYSICAL STATE OF ments to implement the Rome Statute, including national law that a treaty is binding upon its ARMED SERVICES INITIAL ENTRY TRAINEE HOUS- Rules of Procedure and Evidence, Elements of parties only and that it does not create obliga- ING AND BARRACKS.—The Comptroller General of Crimes, and a definition of the Crime of Aggres- tions for nonparties without their consent to be the United States shall carry out a study of the sion. bound. The United States is not a party to the physical state of the Initial Entry Trainee hous- (4) During testimony before the Congress fol- Rome Statute and will not be bound by any of ing and barracks of the Armed Services. lowing the adoption of the Rome Statute, the its terms. The United States will not recognize (b) REPORT TO CONGRESS.—Not later than lead United States negotiator, Ambassador the jurisdiction of the International Criminal nine months after the date of the enactment of David Scheffer stated that the United States Court over United States nationals. this Act, the Comptroller General shall submit to could not sign the Rome Statute because certain SEC. 9003. WAIVER AND TERMINATION OF PROHI- the congressional defense committees a report on critical negotiating objectives of the United BITIONS OF THIS TITLE. the study carried out under subsection (a). The States had not been achieved. As a result, he (a) AUTHORITY TO WAIVE SECTIONS 9004 AND report shall set forth the results of the study, stated: ‘‘We are left with consequences that do 9005 WITH RESPECT TO AN INVESTIGATION OR and shall include such other matters relating to not serve the cause of international justice.’’ PROSECUTION OF A NAMED INDIVIDUAL.—The the study as the Comptroller General considers (5) Ambassador Scheffer went on to tell the President is authorized to waive the prohibitions appropriate. Congress that: ‘‘Multinational peacekeeping and requirements of sections 9004 and 9005 to (c) CONGRESSIONAL DEFENSE COMMITTEES DE- forces operating in a country that has joined the degree such prohibitions and requirements FINED.—In this section, the term ‘‘congressional the treaty can be exposed to the Court’s jurisdic- would prevent United States cooperation with defense committees’’ means— tion even if the country of the individual peace- an investigation or prosecution of a named indi- (1) the Committees on Appropriations and keeper has not joined the treaty. Thus, the trea- vidual by the International Criminal Court. A Armed Services of the Senate; and ty purports to establish an arrangement where- waiver under this subsection may be issued only (2) the Committees on Appropriations and by United States armed forces operating over- if the President at least 15 days in advance of Armed Services of the House of Representatives. seas could be conceivably prosecuted by the exercising such authority— SEC. 8215. PILOT PROGRAM FOR EFFICIENT IN- international court even if the United States has (1) notifies the appropriate congressional com- VENTORY MANAGEMENT SYSTEM FOR THE DE- not agreed to be bound by the treaty. Not only mittees of the intention to exercise such author- PARTMENT OF DEFENSE. (a) Of the total amount is this contrary to the most fundamental prin- ity; and appropriated by this division for operation and ciples of treaty law, it could inhibit the ability (2) determines and reports to the appropriate maintenance, Defense-Wide, $1,000,000 may be of the United States to use its military to meet congressional committees that— (A) there is reason to believe that the named available for the Secretary of Defense to carry alliance obligations and participate in multi- individual committed the crime or crimes that out a pilot program for the development and op- national operations, including humanitarian are the subject of the International Criminal eration of an efficient inventory management interventions to save civilian lives. Other con- Court’s investigation or prosecution; system for the Department of Defense. The pilot tributors to peacekeeping operations will be (B) it is in the national interest of the United program may be designed to address the prob- similarly exposed.’’. States for the International Criminal Court’s in- (6) Notwithstanding these concerns, President lems in the inventory management system of the vestigation or prosecution of the named indi- Clinton directed that the United States sign the Department that were identified by the Comp- vidual to proceed; and troller General of the United States as a result Rome Statute on December 31, 2000. In a state- (C) in investigating events related to actions of the General Accounting Office audit of the ment issued that day, he stated that in view of by the named individual, none of the following inventory management system of the Depart- the unremedied deficiencies of the Rome Statute, persons will be investigated, arrested, detained, ment in 1997. ‘‘I will not, and do not recommend that my suc- prosecuted, or imprisoned by or on behalf of the (b) In entering into any contract for purposes cessor submit the Treaty to the Senate for advice International Criminal Court with respect to ac- of the pilot program, the Secretary may take and consent until our fundamental concerns are tions undertaken by them in an official capac- into appropriate account current Department satisfied’’. ity: contract goals for small business concerns (7) Any American prosecuted by the Inter- (i) Covered United States persons. owned and controlled by socially and economi- national Criminal Court will, under the Rome (ii) Covered allied persons. cally disadvantaged individuals. Statute, be denied procedural protections to (iii) Individuals who were covered United (c) Not later than one year after the date of which all Americans are entitled under the Bill States persons or covered allied persons. the enactment of this Act, the Secretary may of Rights to the United States Constitution, (b) TERMINATION OF PROHIBITIONS OF THIS submit to Congress a report on the pilot pro- such as the right to trial by jury. TITLE.—The prohibitions and requirements of

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.004 pfrm01 PsN: S10PT1 S12798 CONGRESSIONAL RECORD — SENATE December 10, 2001 sections 9004 and 9005 shall cease to apply, and of the United States, any investigative activity should transmit to the appropriate congressional the authority of section 9006 shall terminate, if relating to a preliminary inquiry, investigation, committees a report with respect to each military the United States becomes a party to the Inter- prosecution, or other proceeding at the Inter- alliance to which the United States is party— national Criminal Court pursuant to a treaty national Criminal Court. (1) describing the degree to which members of made under article II, section 2, clause 2 of the SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT the Armed Forces of the United States may, in Constitution of the United States. TRANSFER OF CLASSIFIED NA- the context of military operations undertaken by SEC. 9004. PROHIBITION ON COOPERATION WITH TIONAL SECURITY INFORMATION or pursuant to that alliance, be placed under THE INTERNATIONAL CRIMINAL AND LAW ENFORCEMENT INFORMA- the command or operational control of foreign COURT. TION TO THE INTERNATIONAL military officers subject to the jurisdiction of the CRIMINAL COURT. (a) APPLICATION.—The provisions of this sec- International Criminal Court because they are tion— (a) IN GENERAL.—Not later than the date on nationals of a party to the International Crimi- (1) apply only to cooperation with the Inter- which the Rome Statute enters into force, the nal Court; and national Criminal Court and shall not apply to President shall ensure that appropriate proce- (2) evaluating the degree to which members of cooperation with an ad hoc international crimi- dures are in place to prevent the transfer of the Armed Forces of the United States engaged nal tribunal established by the United Nations classified national security information and law in military operations undertaken by or pursu- Security Council before or after the date of the enforcement information to the International ant to that alliance may be exposed to greater enactment of this Act to investigate and pros- Criminal Court for the purpose of facilitating an risks as a result of being placed under the com- ecute war crimes committed in a specific country investigation, apprehension, or prosecution. mand or operational control of foreign military (b) INDIRECT TRANSFER.—The procedures or during a specific conflict; and officers subject to the jurisdiction of the Inter- adopted pursuant to subsection (a) shall be de- (2) shall not prohibit— national Criminal Court. signed to prevent the transfer to the United Na- (A) any action permitted under section 9006; (b) DESCRIPTION OF MEASURES TO ACHIEVE tions and to the government of any country that or ENHANCED PROTECTION FOR MEMBERS OF THE is party to the International Criminal Court of (B) communication by the United States of its ARMED FORCES OF THE UNITED STATES.—Not classified national security information and law policy with respect to a matter. later than one year after the date of the enact- ROHIBITION ON RESPONDING TO REQUESTS enforcement information that specifically relates (b) P ment of this Act, the President should transmit FOR COOPERATION.—Notwithstanding section to matters known to be under investigation or to the appropriate congressional committees a 1782 of title 28, United States Code, or any other prosecution by the International Criminal description of modifications to command and provision of law, no United States Court, and Court, except to the degree that satisfactory as- operational control arrangements within mili- no agency or entity of any State or local govern- surances are received from the United Nations tary alliances to which the United States is a ment, including any court, may cooperate with or that government, as the case may be, that party that could be made in order to reduce any the International Criminal Court in response to such information will not be made available to risks to members of the Armed Forces of the a request for cooperation submitted by the Inter- the International Criminal Court for the pur- United States identified pursuant to subsection national Criminal Court pursuant to the Rome pose of facilitating an investigation, apprehen- (a)(2). Statute. sion, or prosecution. (c) SUBMISSION IN CLASSIFIED FORM.—The re- (c) PROHIBITION ON TRANSMITTAL OF LETTERS (c) CONSTRUCTION.—The provisions of this sec- port under subsection (a), and the description of ROGATORY FROM THE INTERNATIONAL CRIMINAL tion shall not be construed to prohibit any ac- measures under subsection (b), or appropriate COURT.—Notwithstanding section 1781 of title tion permitted under section 9006. parts thereof, may be submitted in classified 28, United States Code, or any other provision of SEC. 9006. AUTHORITY TO FREE MEMBERS OF form. law, no agency of the United States Government THE ARMED FORCES OF THE UNITED may transmit for execution any letter rogatory STATES AND CERTAIN OTHER PER- SEC. 9008. WITHHOLDINGS. issued, or other request for cooperation made, by SONS DETAINED OR IMPRISONED BY Funds withheld from the United States share the International Criminal Court to the tri- OR ON BEHALF OF THE INTER- of assessments to the United Nations or any bunal, officer, or agency in the United States to NATIONAL CRIMINAL COURT. other international organization during any fis- whom it is addressed. (a) AUTHORITY.—The President is authorized cal year pursuant to section 705 of the Admiral (d) PROHIBITION ON EXTRADITION TO THE to use all means necessary and appropriate to James W. Nance and Meg Donovan Foreign Re- INTERNATIONAL CRIMINAL COURT.—Notwith- bring about the release of any person described lations Authorization Act, Fiscal Years 2000 and standing any other provision of law, no agency in subsection (b) who is being detained or im- 2001 (as enacted by section 1000(a)(7) of Public or entity of the United States Government or of prisoned by, on behalf of, or at the request of Law 106–113; 113 Stat. 1501A–460), are author- any State or local government may extradite the International Criminal Court. ized to be transferred to the Embassy Security, any person from the United States to the Inter- (b) PERSONS AUTHORIZED TO BE FREED.—The Construction and Maintenance Account of the national Criminal Court, nor support the trans- authority of subsection (a) shall extend to the Department of State. fer of any United States citizen or permanent following persons: SEC. 9009. APPLICATION OF SECTIONS 9004 AND resident alien to the International Criminal (1) Covered United States persons. 9005 TO EXERCISE OF CONSTITU- Court. (2) Covered allied persons. TIONAL AUTHORITIES. (e) PROHIBITION ON PROVISION OF SUPPORT TO (3) Individuals detained or imprisoned for offi- (a) IN GENERAL.—Sections 9004 and 9005 shall THE INTERNATIONAL CRIMINAL COURT.—Not- cial actions taken while the individual was a not apply to any action or actions with respect withstanding any other provision of law, no covered United States person or a covered allied to a specific matter involving the International agency or entity of the United States Govern- person, and in the case of a covered allied per- Criminal Court taken or directed by the Presi- ment or of any State or local government, in- son, upon the request of such government. dent on a case-by-case basis in the exercise of cluding any court, may provide support to the (c) AUTHORIZATION OF LEGAL ASSISTANCE.— the President’s authority as Commander in International Criminal Court. When any person described in subsection (b) is Chief of the Armed Forces of the United States (f) PROHIBITION ON USE OF APPROPRIATED arrested, detained, investigated, prosecuted, or under article II, section 2 of the United States FUNDS TO ASSIST THE INTERNATIONAL CRIMINAL imprisoned by, on behalf of, or at the request of Constitution or in the exercise of the executive COURT.—Notwithstanding any other provision the International Criminal Court, the President power under article II, section 1 of the United of law, no funds appropriated under any provi- is authorized to direct any agency of the United States Constitution. sion of law may be used for the purpose of as- States Government to provide— (b) NOTIFICATION TO CONGRESS.— sisting the investigation, arrest, detention, ex- (1) legal representation and other legal assist- (1) IN GENERAL.—Subject to paragraph (2), not tradition, or prosecution of any United States ance to that person (including, in the case of a later than 15 days after the President takes or citizen or permanent resident alien by the Inter- person entitled to assistance under section 1037 directs an action or actions described in sub- national Criminal Court. of title 10, United States Code, representation section (a) that would otherwise be prohibited (g) RESTRICTION ON ASSISTANCE PURSUANT TO and other assistance in the manner provided in under section 9004 or 9005, the President shall MUTUAL LEGAL ASSISTANCE TREATIES.—The that section); submit a notification of such action to the ap- United States shall exercise its rights to limit the (2) exculpatory evidence on behalf of that per- propriate congressional committees. A notifica- use of assistance provided under all treaties and son; and tion under this paragraph shall include a de- executive agreements for mutual legal assistance (3) defense of the interests of the United scription of the action, a determination that the in criminal matters, multilateral conventions States through appearance before the Inter- action is in the national interest of the United with legal assistance provisions, and extradition national Criminal Court pursuant to Article 18 States, and a justification for the action. treaties, to which the United States is a party, or 19 of the Rome Statute, or before the courts (2) EXCEPTION.—If the President determines and in connection with the execution or or tribunals of any country. that a full notification under paragraph (1) issuance of any letter rogatory, to prevent the (d) BRIBES AND OTHER INDUCEMENTS NOT AU- could jeopardize the national security of the transfer to, or other use by, the International THORIZED.—This section does not authorize the United States or compromise a United States law Criminal Court of any assistance provided by payment of bribes or the provision of other such enforcement activity, not later than 15 days the United States under such treaties and letters incentives to induce the release of a person de- after the President takes or directs an action or rogatory. scribed in subsection (b). actions referred to in paragraph (1) the Presi- (h) PROHIBITION ON INVESTIGATIVE ACTIVITIES SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS. dent shall notify the appropriate congressional OF AGENTS.—No agent of the International (a) REPORT ON ALLIANCE COMMAND ARRANGE- committees that an action has been taken and a Criminal Court may conduct, in the United MENTS.—Not later than 6 months after the date determination has been made pursuant to this States or any territory subject to the jurisdiction of the enactment of this Act, the President paragraph. The President shall provide a full

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.004 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12799 notification under paragraph (1) not later than Criminal Court’’ means a government that has States, for ‘‘Buildings and Facilities’’, 15 days after the reasons for the determination deposited an instrument of ratification, accept- $73,000,000, to remain available until expended, under this paragraph no longer apply. ance, approval, or accession to the Rome Stat- to be obligated from amounts made available in (c) CONSTRUCTION.—Nothing in this section ute, and has not withdrawn from the Rome Public Law 107–38. shall be construed as a grant of statutory au- Statute pursuant to Article 127 thereof. COOPERATIVE STATE RESEARCH, EDUCATION, AND thority to the President to take any action. (10) PEACEKEEPING OPERATION UNDER CHAPTER EXTENSION SERVICE SEC. 9010. NONDELEGATION. VI OF THE CHARTER OF THE UNITED NATIONS OR RESEARCH AND EDUCATION The authorities vested in the President by sec- PEACE ENFORCEMENT OPERATION UNDER CHAPTER For emergency expenses to respond to the Sep- tions 9003 and 9009(a) may not be delegated by VII OF THE CHARTER OF THE UNITED NATIONS.— tember 11, 2001, terrorist attacks on the United the President pursuant to section 301 of title 3, The term ‘‘peacekeeping operation under chap- States, for ‘‘Research and Education’’, United States Code, or any other provision of ter VI of the charter of the United Nations or $50,000,000, to remain available until expended, law. peace enforcement operation under chapter VII to be obligated from amounts made available in SEC. 9011. DEFINITIONS. of the charter of the United Nations’’ means Public Law 107–38. As used in this title and in section 706 of the any military operation to maintain or restore ANIMAL AND PLANT HEALTH INSPECTION SERVICE Admiral James W. Nance and Meg Donovan international peace and security that— Foreign Relations Authorization Act, Fiscal (A) is authorized by the United Nations Secu- SALARIES AND EXPENSES Years 2000 and 2001: rity Council under chapter VI or VII of the (INCLUDING TRANSFER OF FUNDS) (1) APPROPRIATE CONGRESSIONAL COMMIT- charter of the United Nations; and For emergency expenses to respond to the Sep- TEES.—The term ‘‘appropriate congressional (B) is paid for from assessed contributions of tember 11, 2001, terrorist attacks on the United committees’’ means the Committee on Inter- United Nations members that are made available States, for ‘‘Salaries and Expenses’’, $95,000,000, national Relations of the House of Representa- for peacekeeping or peace enforcement activi- to remain available until expended, to be obli- tives and the Committee on Foreign Relations of ties. gated from amounts made available in Public the Senate. (11) ROME STATUTE.—The term ‘‘Rome Stat- Law 107–38, of which $50,000,000 may be trans- (2) CLASSIFIED NATIONAL SECURITY INFORMA- ute’’ means the Rome Statute of the Inter- ferred and merged with the Agriculture Quar- TION.—The term ‘‘classified national security in- national Criminal Court, adopted by the United antine Inspection User Fee Account. formation’’ means information that is classified Nations Diplomatic Conference of Plenipotentia- BUILDINGS AND FACILITIES or classifiable under Executive Order 12958 or a ries on the Establishment of an International For emergency expenses to respond to the Sep- successor Executive order. Criminal Court on July 17, 1998. tember 11, 2001, terrorist attacks on the United (3) COVERED ALLIED PERSONS.—The term ‘‘cov- (12) SUPPORT.—The term ‘‘support’’ means as- States, for ‘‘Buildings and Facilities’’, ered allied persons’’ means military personnel, sistance of any kind, including financial sup- $14,081,000, to remain available until expended, elected or appointed officials, and other persons port, transfer of property or other material sup- to be obligated from amounts made available in employed by or working on behalf of the govern- port, services, intelligence sharing, law enforce- Public Law 107–38. ment of a NATO member country, a major non- ment cooperation, the training or detail of per- FOOD SAFETY AND INSPECTION SERVICE NATO ally (including Australia, Egypt, Israel, sonnel, and the arrest or detention of individ- For emergency expenses to respond to the Sep- Japan, Jordan, Argentina, the Republic of uals. tember 11, 2001, terrorist attacks on the United Korea, and New Zealand), or Taiwan, for so (13) UNITED STATES MILITARY ASSISTANCE.— States, for ‘‘Food Safety and Inspection Serv- long as that government is not a party to the The term ‘‘United States military assistance’’ ice’’, $15,000,000, to remain available until ex- International Criminal Court and wishes its of- means— pended, to be obligated from amounts made ficials and other persons working on its behalf (A) assistance provided under chapter 2 or 5 available in Public Law 107–38. to be exempted from the jurisdiction of the Inter- of part II of the Foreign Assistance Act of 1961 national Criminal Court. (22 U.S.C. 2151 et seq.); or FOOD AND NUTRITION SERVICE (4) COVERED UNITED STATES PERSONS.—The (B) defense articles or defense services fur- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR term ‘‘covered United States persons’’ means nished with the financial assistance of the WOMEN, INFANTS, AND CHILDREN (WIC) members of the Armed Forces of the United United States Government, including through For emergency expenses to respond to the Sep- States, elected or appointed officials of the loans and guarantees, under section 23 of the tember 11, 2001, terrorist attacks on the United United States Government, and other persons Arms Export Control Act (22 U.S.C. 2763). States, for ‘‘Special Supplemental Nutrition Pro- employed by or working on behalf of the United SEC. 9012. PERIOD OF EFFECTIVENESS OF THE gram for Women, Infants, and Children (WIC)’’, States Government, for so long as the United TITLE. $39,000,000, to remain available until September States is not a party to the International Crimi- Except as otherwise provided in this title, the 30, 2003, to be obligated from amounts made nal Court. provisions of this title shall take effect on the available in Public Law 107–38: Provided, That (5) EXTRADITION.—The terms ‘‘extradition’’ date of enactment of this Act and remain in ef- of the amounts provided in this Act and any and ‘‘extradite’’ mean the extradition of a per- fect without regard to the expiration of fiscal amounts available for reallocation in fiscal year son in accordance with the provisions of chapter year 2002. 2002, the Secretary shall reallocate funds under 209 of title 18, United States Code, (including This division may be cited as the ‘‘Department section 17(g)(2) of the Child Nutrition Act of section 3181(b) of such title) and such terms in- of Defense Appropriations Act, 2002’’. 1966, as amended, in the manner and under the clude both extradition and surrender as those DIVISION B—TRANSFERS FROM THE formula the Secretary deems necessary to re- terms are defined in Article 102 of the Rome spond to the effects of unemployment and other Statute. EMERGENCY RESPONSE FUND PURSU- ANT TO PUBLIC LAW 107–38 conditions caused by the recession, and starting (6) INTERNATIONAL CRIMINAL COURT.—The no later than March 1, 2002, such reallocation term ‘‘International Criminal Court’’ means the The funds appropriated in Public Law 107–38 shall occur no less frequently than every other court established by the Rome Statute. subject to subsequent enactment and previously month throughout the fiscal year. (7) MAJOR NON-NATO ALLY.—The term ‘‘major designated as an emergency by the President DEPARTMENT OF HEALTH AND HUMAN non-NATO ally’’ means a country that has been and Congress under the Balanced Budget and SERVICES so designated in accordance with section 517 of Emergency Deficit Control Act of 1985, are the Foreign Assistance Act of 1961. transferred to the following chapters and ac- FOOD AND DRUG ADMINISTRATION (8) PARTICIPATE IN ANY PEACEKEEPING OPER- counts as follows: SALARIES AND EXPENSES ATION UNDER CHAPTER VI OF THE CHARTER OF CHAPTER 1 For emergency expenses to respond to the Sep- THE UNITED NATIONS OR PEACE ENFORCEMENT OP- tember 11, 2001, terrorist attacks on the United DEPARTMENT OF AGRICULTURE ERATION UNDER CHAPTER VII OF THE CHARTER OF States, for ‘‘Salaries and Expenses’’, THE UNITED NATIONS.—The term ‘‘participate in OFFICE OF THE SECRETARY $127,000,000, to remain available until expended, any peacekeeping operation under chapter VI of For emergency expenses to respond to the Sep- to be obligated from amounts made available in the charter of the United Nations or peace en- tember 11, 2001, terrorist attacks on the United Public Law 107–38. forcement operation under chapter VII of the States, for ‘‘Office of the Secretary’’, $80,919,000, RELATED AGENCY charter of the United Nations’’ means to assign to remain available until expended, to be obli- COMMODITY FUTURES TRADING COMMISSION members of the Armed Forces of the United gated from amounts made available in Public For emergency expenses to respond to the Sep- States to a United Nations military command Law 107–38. tember 11, 2001, terrorist attacks on the United structure as part of a peacekeeping operation AGRICULTURAL RESEARCH SERVICE States, for ‘‘Commodity Futures Trading Com- under chapter VI of the charter of the United SALARIES AND EXPENSES mission’’, $10,000,000, to remain available until Nations or peace enforcement operation under expended, to be obligated from amounts made chapter VII of the charter of the United Nations For emergency expenses to respond to the Sep- available in Public Law 107–38. in which those members of the Armed Forces of tember 11, 2001, terrorist attacks on the United the United States are subject to the command or States, for ‘‘Salaries and Expenses’’, $70,000,000, GENERAL PROVISION, THIS CHAPTER operational control of one or more foreign mili- to remain available until expended, to be obli- SEC. 101. Section 741(b) of the Agriculture, tary officers not appointed in conformity with gated from amounts made available in Public Rural Development, Food and Drug Administra- article II, section 2, clause 2 of the Constitution Law 107–38. tion, and Related Agencies Appropriations Act, of the United States. BUILDINGS AND FACILITIES 2002 (P.L. 107–76), is amended by striking (9) PARTY TO THE INTERNATIONAL CRIMINAL For emergency expenses to respond to the Sep- ‘‘20,000,000 pounds’’ and inserting ‘‘5,000,000 COURT.—The term ‘‘party to the International tember 11, 2001, terrorist attacks on the United pounds’’.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.004 pfrm01 PsN: S10PT1 S12800 CONGRESSIONAL RECORD — SENATE December 10, 2001 CHAPTER 2 tion Service, for ‘‘Salaries and Expenses’’, remain available until expended, to be obligated DEPARTMENT OF JUSTICE $449,800,000, to remain available until expended, from amounts made available in Public Law to be obligated from amounts made available in 107–38. GENERAL ADMINISTRATION Public Law 107–38, of which $10,000,000 shall be NATIONAL TELECOMMUNICATIONS AND PATRIOT ACT ACTIVITIES for additional border patrols along the South- INFORMATION ADMINISTRATION For emergency expenses to respond to the Sep- west border, of which $55,800,000 shall be for ad- PUBLIC TELECOMMUNICATIONS FACILITIES, tember 11, 2001, terrorist attacks on the United ditional inspectors and support staff on the PLANNING AND CONSTRUCTION States, for ‘‘Patriot Act Activities’’, $25,000,000, northern border, and of which $23,900,000 shall For emergency grants authorized by section to remain available until expended, to be obli- be for transfer of and additional border patrols 392 of the Communications Act of 1934, as gated from amounts made available in Public and support staff on the northern border. amended, to respond to the September 11, 2001, Law 107–38, of which $2,000,000 shall be for a CONSTRUCTION feasibility report, as authorized by Section 405 terrorist attacks on the United States, $8,250,000, For emergency expenses to respond to the Sep- to remain available until expended, to be obli- of Public Law 107–56, and of which $23,000,000 tember 11, 2001, terrorist attacks on the United shall be for implementation of such enhance- gated from amounts made available in Public States, for ‘‘Construction’’, $99,600,000, to re- Law 107–38. ments as are deemed necessary: Provided, That main available until expended, to be obligated UNITED STATES PATENT AND TRADEMARK OFFICE funding for the implementation of such en- from amounts made available in Public Law hancements shall be treated as a reprogramming 107–38. SALARIES AND EXPENSES under section 605 of Public Law 107–77 and shall For emergency expenses to respond to the Sep- OFFICE OF JUSTICE PROGRAMS not be available for obligation or expenditure tember 11, 2001, terrorist attacks on the United except in compliance with the procedures set JUSTICE ASSISTANCE States, for ‘‘Salaries and Expenses’’, $3,360,000, forth in that section. For emergency expenses to respond to the Sep- to remain available until expended, to be obli- ADMINISTRATIVE REVIEW AND APPEALS tember 11, 2001, terrorist attacks on the United gated from amounts made available in Public For emergency expenses to respond to the Sep- States, for ‘‘Justice Assistance’’, $400,000,000, to Law 107–38. remain available until expended, for grants, co- tember 11, 2001, terrorist attacks on the United NATIONAL INSTITUTE OF STANDARDS AND operative agreements, and other assistance au- States, for ‘‘Administrative Review and Ap- TECHNOLOGY peals’’, $3,500,000, to remain available until ex- thorized by sections 819 and 821 of the SCIENTIFIC AND TECHNICAL RESEARCH AND pended, to be obligated from amounts made Antiterrorism and Effective Death Penalty Act SERVICES available in Public Law 107–38. of 1996 and section 1014 of the USA PATRIOT ACT (Public Law 107–56) and for other counter For emergency expenses to respond to the Sep- LEGAL ACTIVITIES terrorism programs, to be obligated from tember 11, 2001, terrorist attacks on the United SALARIES AND EXPENSES, GENERAL LEGAL amounts made available in Public Law 107–38, States, for ‘‘Scientific and Technical Research ACTIVITIES of which $9,800,000 is for an aircraft for and Services’’, $10,400,000, to remain available For emergency expenses to respond to the Sep- counterterrorism and other required activities until expended, to be obligated from amounts tember 11, 2001, terrorist attacks on the United for the City of New York. made available in Public Law 107–38, of which States, for ‘‘Salaries and Expenses, General STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE $10,000,000 shall be for a cyber security initia- Legal Activities’’, $21,250,000, to remain avail- tive. For emergency expenses to respond to the Sep- able until expended, to be obligated from tember 11, 2001, terrorist attacks on the United CONSTRUCTION OF RESEARCH FACILITIES amounts made available in Public Law 107–38, States, $245,900,000 shall be for discretionary For emergency expenses to respond to the Sep- of which $15,000,000 shall be for a cyber security grants under the Edward Byrne Memorial State tember 11, 2001, terrorist attacks on the United initiative. and Local Law Enforcement Assistance Pro- States, for ‘‘Construction of Research Facili- SALARIES AND EXPENSES, UNITED STATES gram, of which $81,700,000 shall be for Northern ties’’, $1,225,000, to remain available until ex- ATTORNEYS Virginia, of which $81,700,000 shall be for New pended, to be obligated from amounts made For emergency expenses to respond to the Sep- Jersey, of which $56,500,000 shall be for Mary- available in Public Law 107–38. tember 11, 2001, terrorist attacks on the United land, of which $17,000,000 shall be for a grant NATIONAL OCEANIC AND ATMOSPHERIC States, for ‘‘Salaries and Expenses, United for the Utah Olympic Public Safety Command ADMINISTRATION States Attorneys’’, $74,600,000, to remain avail- for security equipment and infrastructure re- OPERATIONS, RESEARCH AND FACILITIES able until expended, to be obligated from lated to the 2002 Winter Olympics, including the For emergency expenses to respond to the Sep- amounts made available in Public Law 107–38. Paralympics and related events, and of which tember 11, 2001, terrorist attacks on the United SALARIES AND EXPENSES, UNITED STATES $9,000,000 shall be made available for discre- States, for ‘‘Operations, Research and Facili- MARSHALS SERVICE tionary grants to State and local law enforce- ties’’, $2,750,000, to remain available until ex- For emergency expenses to respond to the Sep- ment agencies to establish or enhance pended, to be obligated from amounts made tember 11, 2001, terrorist attacks on the United cybercrime units aimed at investigating and available in Public Law 107–38. States, for ‘‘Salaries and Expenses, United prosecuting cybersecurity offenses, to remain DEPARTMENTAL MANAGEMENT States Marshals Service’’, $26,100,000, to remain available until expended, and to be obligated available until expended, to be obligated from from amounts made available in Public Law SALARIES AND EXPENSES amounts made available in Public Law 107–38, 107–38. For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United of which $9,125,000 shall be for courthouse secu- CRIME VICTIMS FUND States, for ‘‘Salaries and Expenses’’, $881,000, to rity equipment. For emergency expenses to respond to the Sep- remain available until expended, to be obligated CONSTRUCTION tember 11, 2001, terrorist attacks on the United from amounts made available in Public Law For emergency expenses to respond to the Sep- States, for ‘‘Crime Victims Fund’’, $68,100,000, to 107–38. tember 11, 2001, terrorist attacks on the United remain available until expended, to be obligated States, for ‘‘Construction’’, $35,000,000, to re- from amounts made available in Public Law THE JUDICIARY main available until expended, to be obligated 107–38. SUPREME COURT OF THE UNITED STATES from amounts made available in Public Law DEPARTMENT OF COMMERCE CARE OF THE BUILDINGS AND GROUNDS 107–38. INTERNATIONAL TRADE ADMINISTRATION For emergency expenses to respond to the Sep- FEDERAL BUREAU OF INVESTIGATION tember 11, 2001, terrorist attacks on the United OPERATIONS AND ADMINISTRATION SALARIES AND EXPENSES States, for ‘‘Care of the Buildings and For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- Grounds’’, $30,000,000, to remain available until tember 11, 2001, terrorist attacks on the United expended for security enhancements, to be obli- tember 11, 2001, terrorist attacks on the United States, for ‘‘Operations and Administration’’, States, for ‘‘Salaries and Expenses’’, gated from amounts made available in Public $1,500,000, to remain available until expended, Law 107–38. $654,500,000, to remain available until expended, to be obligated from amounts made available in to be obligated from amounts made available in Public Law 107–38. COURT OF APPEALS, DISTRICT COURTS, AND Public Law 107–38, of which $10,283,000 is for OTHER JUDICIAL SERVICES EXPORT ADMINISTRATION the refurbishing of the Engineering and Re- SALARIES AND EXPENSES OPERATIONS AND ADMINISTRATION search Facility and $14,135,000 is for the decom- For emergency expenses to respond to the Sep- missioning and renovation of former laboratory For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United space in the Hoover building, of which tember 11, 2001, terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $5,000,000, $66,000,000 shall be for a cyber security initiative States, for ‘‘Operations and Administration’’, is for Emergency Communications Equipment, to at the National Infrastructure Protection Cen- $1,756,000, to remain available until expended, remain available until expended, to be obligated ter. to be obligated from amounts made available in from amounts made available in Public Law IMMIGRATION AND NATURALIZATION SERVICE Public Law 107–38. 107–38. SALARIES AND EXPENSES ECONOMIC DEVELOPMENT ADMINISTRATION COURT SECURITY For emergency expenses to respond to the Sep- SALARIES AND EXPENSES For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United States and for all costs associated with the reor- tember 11, 2001, terrorist attacks on the United States, for ‘‘Court Security’’, $57,521,000, to re- ganization of the Immigration and Naturaliza- States, for ‘‘Salaries and Expenses’’, $335,000, to main available until expended, to be obligated

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.004 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12801 from amounts made available in Public Law business concerns located in disaster areas de- loan of $100,000,000 under sections 1111 and 1112 107–38, for security of the Federal judiciary, of clared as a result of the September 11, 2001, ter- of title XI of the Merchant Marine Act, 1936 (46 which not less than $4,000,000 shall be available rorist attacks— U.S.C. App. 1279f and 1279g).’’. to reimburse the United States Marshals Service (i) the term ‘‘small business concern’’ shall in- SMALL BUSINESS ADMINISTRATION clude not-for-profit institutions and small busi- for a Supervisory Deputy Marshal responsible DISASTER LOAN PROGRAM ACCOUNT ness concerns described in United States Indus- for coordinating security in each judicial dis- SEC. 205. Of the amount made available under trict and circuit: Provided, That the funds may try Codes 522320, 522390, 523210, 523920, 523991, this heading in the Departments of Commerce, be expended directly or transferred to the 524113, 524114, 524126, 524128, 524210, 524291, Justice, and State, the Judiciary, and Related United States Marshals Service. 524292, and 524298 of the North American Indus- Agencies Appropriations Act, 2002 (Public Law ADMINISTRATIVE OFFICE OF THE UNITED STATES try Classification System (as described in 13 107–77), for administrative expenses to carry out COURTS C.F.R. 121.201, as in effect on January 2, 2001); the direct loan program, $5,000,000 shall be made (ii) the Administrator may apply such size available for necessary expenses of the SALARIES AND EXPENSES standards as may be promulgated under such HUBZone program as authorized by section 31 For emergency expenses to respond to the Sep- section 121.201 after the date of enactment of of the Small Business Act, as amended (15 tember 11, 2001, terrorist attacks on the United this provision, but no later than one year fol- U.S.C. 657a), of which, not more than $500,000 States, for ‘‘Salaries and Expenses’’, $2,879,000, lowing the date of enactment of this Act; and may be used for the maintenance and operation to remain available until expended, to enhance (iii) payments of interest and principal shall of the Procurement Marketing and Access Net- security at the Thurgood Marshall Federal Judi- be deferred, and no interest shall accrue during work (PRO-Net). The Administrator of the Small ciary Building, to be obligated from amounts the two-year period following the issuance of Business Administration shall make quarterly made available in Public Law 107–38. such disaster loan. reports to the Committees on Appropriations of RELATED AGENCIES SEC. 202. Notwithstanding any other provision the Senate and the House of Representatives, DEPARTMENT OF TRANSPORTATION of law, the limitation on the total amount of loans under section 7(b) of the Small Business the Committee on Small Business and Entrepre- MARITIME ADMINISTRATION Act (15 U.S.C. 636(b)) outstanding and com- neurship of the Senate, and the Committee on OPERATIONS AND TRAINING mitted to a borrower in the disaster areas de- Small Business of the House of Representatives For emergency expenses to respond to the Sep- clared in response to the September 11, 2001, ter- regarding all actions taken by the Small Busi- tember 11, 2001, terrorist attacks on the United rorist attacks shall be increased to $10,000,000 ness Administration to address the deficiencies States, for ‘‘Operations and Training’’, and the Administrator shall, in lieu of the fee in the HUBZone program, as identified by the $11,000,000, for a port security program, to re- collected under section 7(a)(23)(A) of the Small General Accounting Office in report number main available until expended, to be obligated Business Act (15 U.S.C. 636(a)(23)(A)), collect an GAO–02–57 of October 26, 2001. from amounts made available in Public Law annual fee of 0.25 percent of the outstanding CHAPTER 3 107–38. balance of deferred participation loans made DEPARTMENT OF DEFENSE MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM under section 7(a) to small businesses adversely OPERATION AND MAINTENANCE ACCOUNT affected by the September 11, 2001, terrorist at- DEFENSE EMERGENCY RESPONSE FUND For emergency expenses to respond to the Sep- tacks and their aftermath, for a period of one For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United year following the date of enactment and to the tember 11, 2001 terrorist attacks on the United States, for the cost of guaranteed loans, as au- extent the costs of such reduced fees are offset States, for ‘‘Defense Emergency Response thorized by the Merchant Marine Act, 1936, by appropriations provided by this Act. Fund’’, $1,525,000,000, to remain available until SEC. 203. Not later than April 1, 2002, the Sec- $12,000,000, to remain available until expended, expended, to be obligated from amounts made retary of State shall submit to the Committees to be obligated from amounts made available in available by Public Law 107–38: Provided, That on Appropriations, in both classified and un- Public Law 107–38: Provided, That such costs, $20,000,000 shall be made available for the Na- classified form, a report on the United States- including the cost of modifying such loans, shall tional Infrastructure Simulation and Analysis People’s Republic of China Science and Tech- be as defined in section 502 of the Congressional Center (NISAC): Provided further, That $500,000 nology Agreement of 1979, including all proto- Budget Act of 1974, as amended. shall be made available only for the White cols. The report is intended to provide a com- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION House Commission on the National Moment of prehensive evaluation of the benefits of the SALARIES AND EXPENSES Remembrance: Provided further, That— agreement to the Chinese economy, military, (1) $35,000,000 shall be available for the pro- For emergency expenses to respond to the Sep- and defense industrial base. The report shall in- tember 11, 2001, terrorist attacks on the United curement of the Advance Identification Friend- clude the following elements: or-Foe system for integration into F–16 aircraft States, for ‘‘Salaries and Expenses’’, $1,301,000, (1) an accounting of all activities conducted of the Air National Guard that are being used in to remain available until expended, to be obli- under the Agreement for the past five years, and continuous air patrols over Washington, District gated from amounts made available in Public a projection of activities to be undertaken Law 107–38. of Columbia, and New York, New York; and through 2010; (2) $20,000,000 shall be available for the pro- (2) an estimate of the annual cost to the SECURITIES AND EXCHANGE COMMISSION curement of the Transportation Multi-Platform United States to administer the Agreement; SALARIES AND EXPENSES Gateway for integration into the AWACS air- (3) an assessment of how the Agreement has For emergency expenses to respond to the Sep- craft that are being used to perform early warn- influenced the policies of the People’s Republic tember 11, 2001, terrorist attacks on the United ing surveillance over the United States. of China toward scientific and technological co- States, for ‘‘Salaries and Expenses’’, $20,705,000, operation with the United States; GENERAL PROVISIONS, THIS CHAPTER to remain available until expended, to be obli- (4) an analysis of the involvement of Chinese SEC. 301. Amounts available in the ‘‘Defense gated from amounts made available in Public nuclear weapons and military missile specialists Emergency Response Fund’’ shall be available Law 107–38. in the activities of the Joint Commission; for the purposes set forth in the 2001 Emergency SMALL BUSINESS ADMINISTRATION (5) a determination of the extent to which the Supplemental Appropriations Act for Recovery BUSINESS LOANS PROGRAM ACCOUNT activities conducted under the Agreement have from and Response to Terrorist Attacks on the For emergency expenses for disaster recovery enhanced the military and industrial base of the United States (Public Law 107–38): Provided, activities and assistance related to the terrorist People’s Republic of China, and an assessment That the Fund may be used to reimburse other acts in New York, Virginia and Pennsylvania of the impact of projected activities through appropriations or funds of the Department of on September 11, 2001, for ‘‘Business Loans Pro- 2010, including transfers of technology, on Chi- Defense only for costs incurred for such pur- gram Account’’, $75,000,000, for the cost of loan na’s economic and military capabilities; and poses between September 11 and December 31, subsidies and for loan modifications as author- (6) recommendations on improving the moni- 2001: Provided further, That such Fund may be ized by section 202 of this Act, to remain avail- toring of the activities of the Commission by the used to liquidate obligations incurred by the De- able until expended, to be obligated from Secretaries of Defense and State. partment under the authorities in 41 U.S.C. 11 amounts made available in Public Law 107–38. The report shall be developed in consultation for any costs incurred for such purposes be- DISASTER LOANS PROGRAM ACCOUNT with the Secretaries of Commerce, Defense, and tween September 11 and September 30, 2001: Pro- Energy, the Directors of the National Science vided further, That the Secretary of Defense For emergency expenses for disaster recovery Foundation and the Federal Bureau of Inves- may transfer funds from the Fund to the appro- activities and assistance related to the terrorist tigation, and the intelligence community. priation, ‘‘Support for International Sporting acts in New York, Virginia and Pennsylvania SEC. 204. From within funds available to the Competitions, Defense’’, to be merged with, and on September 11, 2001, for ‘‘Disaster Loans Pro- State of Alaska or the Alaska Region of the Na- available for the same time period and for the gram Account’’, $75,000,000, for the cost of loan tional Marine Fisheries Service, an additional same purposes as that appropriation: Provided subsidies and for loan modifications as author- $500,000 may be made available for the cost of further, That the transfer authority provided by ized by section 201 of this Act, to remain avail- guaranteeing the reduction loan authorized this section is in addition to any other transfer able until expended, to be obligated from under section 144(d)(4)(A) of title I, division B of authority available to the Secretary of Defense: amounts made available in Public Law 107–38. Public Law 106–554 (114 Stat. 2763A–242) and Provided further, That the Secretary of Defense GENERAL PROVISIONS, THIS CHAPTER that subparagraph is amended to read as fol- shall report to the Congress quarterly all trans- SEC. 201. For purposes of assistance available lows: ‘‘(4)(A) The fishing capacity reduction fers made pursuant to this authority. under section 7(b)(2) and (4) of the Small Busi- program required under this subsection is au- SEC. 302. Amounts in the ‘‘Support for Inter- ness Act (15 U.S.C. 636(b)(2) and (4)) to small thorized to be financed through a reduction national Sporting Competitions, Defense’’, may

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.004 pfrm01 PsN: S10PT1 S12802 CONGRESSIONAL RECORD — SENATE December 10, 2001

be used to support essential security and safety FEDERAL PAYMENT TO THE DISTRICT OF COLUM- of Health, $200,000 is for the Office of the Chief for the 2002 Winter Olympic Games in Salt Lake BIA FOR SEARCH, RESCUE AND OTHER EMER- Medical Examiner, $1,500,000 is for the Emer- City, Utah, without the certification required GENCY EQUIPMENT AND SUPPORT gency Management Agency, $500,000 is for the under subsection 10 U.S.C. 2564(a). Further, the For a Federal payment to the District of Co- Office of Property Management, $500,000 is for term ‘‘active duty’’, in section 5802 of Public lumbia, to be obligated from amounts made the Department of Mental Health, $469,000 is for Law 104–208 shall include State active duty and available in Public Law 107–38 and to remain the Department of Consumer and Regulatory full-time National Guard duty performed by available until September 30, 2003, for search, Affairs, $240,000 is for the Department of Public members of the Army National Guard and Air rescue and other emergency equipment and sup- Works, $600,000 is for the Department of Human National Guard in connection with providing port, $8,850,000, of which $5,442,000 is for the Services, $100,000 is for the Department of Parks essential security and safety support to the 2002 Metropolitan Police Department, $208,000 is for and Recreation, $750,000 is for the Division of Winter Olympic Games and logistical and secu- the Fire and Emergency Medical Services De- Transportation. rity support to the 2002 Paralympic Games. partment, $398,500 is for the Department of Con- FEDERAL PAYMENT TO THE DISTRICT OF SEC. 303. Funds appropriated by this Act, or sumer and Regulatory Affairs, $1,178,500 is for COLUMBIA FOR INCREASED SECURITY made available by the transfer of funds in this the Department of Public Works, $542,000 is for For a Federal payment to the District of Co- Act, for intelligence activities are deemed to be the Department of Human Services, and lumbia, to be obligated from amounts made specifically authorized by the Congress for pur- $1,081,000 is for the Department of Mental available in Public Law 107–38 and to remain poses of section 504 of the National Security Act Health. available until September 30, 2003, for increased of 1947 (50 U.S.C. 414). FEDERAL PAYMENT TO THE DISTRICT OF COLUM- facility security, $25,536,000, of which $3,900,000 CHAPTER 4 BIA FOR EQUIPMENT, SUPPLIES AND VEHICLES is for the Emergency Management Agency, FOR THE OFFICE OF THE CHIEF MEDICAL EX- $14,575,000 for the public schools, and $7,061,000 DISTRICT OF COLUMBIA AMINER for the Office of Property Management. FEDERAL FUNDS For a Federal payment to the District of Co- FEDERAL PAYMENT TO THE WASHINGTON FEDERAL PAYMENT TO THE DISTRICT OF COLUM- lumbia, to be obligated from amounts made METROPOLITAN AREA TRANSIT AUTHORITY BIA FOR PROTECTIVE CLOTHING AND BREATH- available in Public Law 107–38 and to remain For a Federal payment to the Washington ING APPARATUS available until September 30, 2003, for equip- Metropolitan Area Transit Authority to meet re- ment, supplies and vehicles for the Office of the For a Federal payment to the District of Co- gion-wide security requirements, a contribution Chief Medical Examiner, $1,780,000. lumbia for protective clothing and breathing ap- of $39,100,000, to be obligated from amounts paratus, to be obligated from amounts made FEDERAL PAYMENT TO THE DISTRICT OF COLUM- made available in Public Law 107–38 and to re- available in Public Law 107–38 and to remain BIA FOR HOSPITAL CONTAINMENT FACILITIES main available until September 30, 2003, of available until September 30, 2003, $7,144,000, of FOR THE DEPARTMENT OF HEALTH which $5,000,000 shall be used for protective which $922,000 is for the Fire and Emergency For a Federal payment to the District of Co- clothing and breathing apparatus, $17,200,000 Medical Services Department, $4,269,000 is for lumbia, to be obligated from amounts made shall be for completion of the fiber optic network the Metropolitan Police Department, $1,500,000 available in Public Law 107–38 and to remain project and an automatic vehicle locator system, is for the Department of Health, and $453,000 is available until September 30, 2003, for hospital and $16,900,000 shall be for increased employee for the Department of Public Works. containment facilities for the Department of and facility security. Health, $8,000,000. FEDERAL PAYMENT TO THE DISTRICT OF COLUM- FEDERAL PAYMENT TO THE METROPOLITAN BIA FOR SPECIALIZED HAZARDOUS MATERIALS FEDERAL PAYMENT TO THE DISTRICT OF COLUM- WASHINGTON COUNCIL OF GOVERNMENTS EQUIPMENT BIA FOR THE OFFICE OF THE CHIEF TECH- For a Federal payment to the Metropolitan NOLOGY OFFICER Washington Council of Governments to enhance For a Federal payment to the District of Co- For a Federal payment to the District of Co- regional emergency preparedness, coordination lumbia for specialized hazardous materials lumbia, to be obligated from amounts made and response, $5,000,000, to be obligated from equipment, to be obligated from amounts made available in Public Law 107–38 and to remain amounts made available in Public Law 107–38 available in Public Law 107–38 and to remain available until September 30, 2003, for the Office and to remain available until September 30, available until September 30, 2003, $1,032,000, for of the Chief Technology Officer, $43,994,000, for 2003, of which $1,500,000 shall be used to con- the Fire and Emergency Medical Services De- a first response land-line and wireless interoper- tribute to the development of a comprehensive partment. ability project, of which $1,000,000 shall be used regional emergency preparedness, coordination FEDERAL PAYMENT TO THE DISTRICT OF COLUM- to initiate a comprehensive review, by a non- and response plan, $500,000 shall be used to de- BIA FOR CHEMICAL AND BIOLOGICAL WEAPONS vendor contractor, of the District’s current tech- velop a critical infrastructure threat assessment PREPAREDNESS nology-based systems and to develop a plan for model, $500,000 shall be used to develop and im- For a Federal payment to the District of Co- integrating the communications systems of the plement a regional communications plan, and lumbia for chemical and biological weapons pre- District of Columbia Metropolitan Police and $2,500,000 shall be used to develop protocols and paredness, to be obligated from amounts made Fire and Emergency Medical Services Depart- procedures for training and outreach exercises. available in Public Law 107–38 and to remain ments with the systems of regional and federal GENERAL PROVISIONS, THIS CHAPTER law enforcement agencies, including but not lim- available until September 30, 2003, $10,355,000, of SEC. 401. Notwithstanding any other provision ited to the United States Capitol Police, United which $205,000 is for the Fire and Emergency of law, the Chief Financial Officer of the Dis- States Park Police, United States Secret Service, Medical Services Department, $258,000 is for the trict of Columbia may transfer up to 5 percent of Federal Bureau of Investigation, Federal Pro- Metropolitan Police Department, and $9,892,000 the funds appropriated to the District of Colum- tective Service, and the Washington Metropoli- is for the Department of Health. bia in this chapter between these accounts: Pro- tan Area Transit Authority Police: Provided, vided, That no such transfer shall take place FEDERAL PAYMENT TO THE DISTRICT OF COLUM- That such plan shall be submitted to the Com- unless the Chief Financial Officer of the District BIA FOR PHARMACEUTICALS FOR RESPONDERS mittees on Appropriations of the Senate and the of Columbia notifies in writing the Committees House of Representatives no later than June 15, For a Federal payment to the District of Co- on Appropriations of the Senate and the House 2002. lumbia for pharmaceuticals for responders, to be of Representatives 30 days in advance of such obligated from amounts made available in Pub- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- transfer. lic Law 107–38 and to remain available until BIA FOR EMERGENCY TRAFFIC MANAGEMENT SEC. 402. The Chief Financial Officer of the September 30, 2003, $2,100,000, for the Depart- For a Federal payment to the District of Co- District of Columbia and the Chief Financial ment of Health. lumbia, to be obligated from amounts made Officer of the Washington Metropolitan Area FEDERAL PAYMENT TO THE DISTRICT OF COLUM- available in Public Law 107–38 and to remain Transit Authority shall provide quarterly re- BIA FOR RESPONSE AND COMMUNICATIONS CA- available until September 30, 2003, for emergency ports to the President and the Committees on PABILITY traffic management, $20,700,000, for the Depart- Appropriations of the Senate and the House of For a Federal payment to the District of Co- ment of Public Works Division of Transpor- Representatives on the use of the funds under lumbia for response and communications capa- tation, of which $14,000,000 is to upgrade traffic this chapter beginning no later than March 15, bility, to be obligated from amounts made avail- light controllers, $4,700,000 is to establish a 2002. able in Public Law 107–38 and to remain avail- video traffic monitoring system, and $2,000,000 is CHAPTER 5 to disseminate traffic information. able until September 30, 2003, $14,960,000, of DEPARTMENT OF DEFENSE—CIVIL FEDERAL PAYMENT TO THE DISTRICT OF which $7,755,000 is for the Fire and Emergency DEPARTMENT OF THE ARMY Medical Services Department, $5,855,000 is for COLUMBIA FOR TRAINING AND PLANNING the Metropolitan Police Department, $113,000 is For a Federal payment to the District of Co- CORPS OF ENGINEERS—CIVIL for the Department of Public Works Division of lumbia, to be obligated from amounts made OPERATION AND MAINTENANCE, GENERAL Transportation, $58,000 is for the Office of Prop- available in Public Law 107–38 and to remain For emergency expenses to respond to the Sep- erty Management, $60,000 is for the Department available until September 30, 2003, for training tember 11, 2001, terrorist attacks on the United of Public Works, $750,000 is for the Department and planning, $11,449,000, of which $4,400,000 is States, for ‘‘Operation and Maintenance, Gen- of Health, $309,000 is for the Department of for the Fire and Emergency Medical Services eral’’, $139,000,000, to remain available until ex- Human Services, and $60,000 is for the Depart- Department, $990,000 is for the Metropolitan Po- pended, to be obligated from amounts made ment of Parks and Recreation. lice Department, $1,200,000 is for the Department available in Public Law 107–38.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12803

DEPARTMENT OF THE INTERIOR SEC. 503. Title III of the Energy and Water States, for ‘‘Salaries and Expenses’’, $2,148,000, BUREAU OF RECLAMATION Development Appropriations Act, 2002 (Public to remain available until expended, to be obli- Law 107–66) is amended by adding at the end gated from amounts made available in Public WATER AND RELATED RESOURCES the following new section: Law 107–38. For emergency expenses to respond to the Sep- ‘‘SEC. 313. (a) INCREASE IN AMOUNT AVAIL- JOHN F. KENNEDY CENTER FOR THE PERFORMING tember 11, 2001, terrorist attacks on the United ABLE FOR LECTRIC NERGY YSTEMS AND TOR E E S S - ARTS States, for ‘‘Water and Related Resources’’, AGE PROGRAM.—The amount appropriated by $30,259,000, to remain available until expended, this title under the heading ‘DEPARTMENT OF OPERATIONS AND MAINTENANCE to be obligated from amounts made available in ENERGY’ under the heading ‘ENERGY PRO- For emergency expenses to respond to the Sep- Public Law 107–38. GRAMS’ under the paragraph ‘ENERGY SUPPLY’ tember 11, 2001, terrorist attacks on the United DEPARTMENT OF ENERGY is hereby increased by $14,000,000, with the States, for ‘‘Operations and Maintenance’’, ATOMIC ENERGY DEFENSE ACTIVITIES amount of the increase to be available under $4,310,000, to remain available until expended, to be obligated from amounts made available in NATIONAL NUCLEAR SECURITY ADMINISTRATION that paragraph for the electric energy systems and storage program. Public Law 107–38. WEAPONS ACTIVITIES ‘‘(b) DECREASE IN AMOUNT AVAILABLE FOR NATIONAL CAPITAL PLANNING COMMISSION For emergency expenses to respond to the Sep- DEPARTMENT OF ENERGY GENERALLY.—The SALARIES AND EXPENSES tember 11, 2001, terrorist attacks on the United amount appropriated by this title under the For emergency expenses to respond to the Sep- States, and for other expenses to increase the se- heading ‘DEPARTMENT OF ENERGY’ (other tember 11, 2001, terrorist attacks on the United curity of the Nation’s nuclear weapons complex, than under the heading ‘NATIONAL NUCLEAR SE- States, for ‘‘Salaries and Expenses’’, $758,000, to for ‘‘Weapons Activities’’, $131,000,000, to re- CURITY ADMINISTRATION’ or under the heading remain available until expended, to be obligated main available until expended, to be obligated ‘ENERGY PROGRAMS’ under the paragraph from amounts made available in Public Law from amounts made available in Public Law ‘ENERGY SUPPLY’) is hereby decreased by 107–38. 107–38. $14,000,000, with the amount of the decrease to DEFENSE NUCLEAR NONPROLIFERATION be distributed among amounts available under GENERAL PROVISIONS, THIS CHAPTER For emergency expenses to respond to the Sep- the heading ‘DEPARTMENT OF ENERGY’ in a SEC. 601. (a) IN GENERAL.—The Secretary of tember 11, 2001, terrorist attacks on the United manner determined by the Secretary of Energy the Smithsonian Institution may collect and States, and for other expenses to improve nu- and approved by the Committees on Appropria- preserve in the National Museum of American clear nonproliferation and verification research tions.’’. History artifacts relating to the September 11th and development (including research and devel- SEC. 504. The Reclamation Safety of Dams Act attacks on the World Trade Center and the Pen- opment with respect to radiological dispersion of 1978 (43 U.S.C. 509) is amended as follows: tagon. devices, also know as ‘‘dirty bombs’’), for ‘‘De- (1) by inserting in Section 4(c) after ‘‘2000,’’ (b) TYPES OF ARTIFACTS.—In carrying out fense Nuclear Nonproliferation’’, $226,000,000, to and before ‘‘costs’’ the following: ‘‘and the ad- subsection (a), the Secretary of the Smithsonian remain available until expended, to be obligated ditional $32,000,000 further authorized to be ap- Institution shall consider collecting and pre- from amounts made available in Public Law propriated by amendments to the Act in 2001,’’; serving— 107–38. and (1) pieces of the World Trade Center and the (2) by inserting in Section 5 after ‘‘levels),’’ OTHER DEFENSE RELATED ACTIVITIES Pentagon; and before ‘‘plus’’ the following: ‘‘and, effective (2) still and video images made by private in- OTHER DEFENSE ACTIVITIES October 1, 2001, not to exceed an additional dividuals and the media; For emergency expenses to respond to the Sep- $32,000,000 (October 1, 2001, price levels),’’. (3) personal narratives of survivors, rescuers, tember 11, 2001, terrorist attacks on the United CHAPTER 6 and government officials; and States, and for other expenses necessary to sup- (4) other artifacts, recordings, and port activities related to countering potential bi- DEPARTMENT OF THE INTERIOR testimonials that the Secretary of the Smithso- ological threats to civilian populations, for NATIONAL PARK SERVICE nian Institution determines have lasting histor- ‘‘Other Defense Activities’’, $3,500,000, to remain OPERATION OF THE NATIONAL PARK SYSTEM ical significance. available until expended, to be obligated from For emergency expenses to respond to the Sep- (c) AUTHORIZATION OF APPROPRIATIONS.— tember 11, 2001, terrorist attacks on the United amounts made available in Public Law 107–38. There is authorized to be appropriated to the States, for ‘‘Operation of the National Park Sys- DEFENSE ENVIRONMENTAL RESTORATION AND Smithsonian Institution $5,000,000 to carry out tem’’, $10,098,000, to remain available until ex- WASTE MANAGEMENT this section. pended, to be obligated from amounts made For emergency expenses to respond to the Sep- Sec. 602. Section 29 of Public Law 92–203, as available in Public Law 107–38. tember 11, 2001, terrorist attacks on the United enacted under section 4 of Public Law 94–204 (43 States, for ‘‘Defense Environmental Restoration UNITED STATES PARK POLICE U.S.C. 1626), is amended by adding at the end of For emergency expenses to respond to the Sep- and Waste Management’’, $8,200,000, to remain subsection (e) the following: tember 11, 2001, terrorist attacks on the United available until expended, to be obligated from ‘‘(4)(A) Congress confirms that Federal pro- States, for ‘‘United States Park Police’’, amounts made available in Public Law 107–38. curement programs for tribes and Alaska Native $25,295,000, to remain available until expended, INDEPENDENT AGENCY Corporations are enacted pursuant to its au- to be obligated from amounts made available in thority under Article I, Section 8 of the United NUCLEAR REGULATORY COMMISSION Public Law 107–38. States Constitution. SALARIES AND EXPENSES CONSTRUCTION ‘‘(B) Contracting with an entity defined in For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- subsection (e)(2) of this section or section 3(c) of tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United Public Law 93–262 shall be credited towards the States, and for other expenses to increase the se- States, for ‘‘Construction’’, $21,624,000, to re- satisfaction of a contractor’s obligations under curity of the Nation’s nuclear power plants, for main available until expended, to be obligated section 7 of Public Law 87–305. ‘‘Salaries and Expenses’’, $36,000,000, to remain from amounts made available in Public Law ‘‘(C) Any entity that satisfies subsection (e)(2) available until expended, to be obligated from 107–38. of this section that has been certified under sec- amounts made available in Public Law 107–38: DEPARTMENTAL OFFICES tion 8 of Public Law 85–536 is a Disadvantaged Provided, That the funds appropriated herein DEPARTMENTAL MANAGEMENT Business Enterprise for the purposes of Public shall be excluded from license fee revenues, not- Law 105–178.’’. withstanding 42 U.S.C. 2214. SALARIES AND EXPENSES For emergency expenses to respond to the Sep- SEC. 603. (a) GENERAL TRUSTEES.— GENERAL PROVISIONS, THIS CHAPTER tember 11, 2001, terrorist attacks on the United (1) IN GENERAL.—Subsection (a) of section 2 of SEC. 501. Of the funds provided in this or any States, for ‘‘Salaries and Expenses’’, $2,205,000, the John F. Kennedy Center Act (20 U.S.C. 76h) other Act for ‘‘Defense Environmental Restora- to remain available until expended, to be obli- is amended in its last clause by striking out the tion and Waste Management’’ at the Depart- gated from amounts made available in Public word ‘‘thirty’’ and inserting in lieu thereof the ment of Energy, up to $500,000 may be available Law 107–38, for the working capital fund of the word ‘‘thirty-six’’. to the Secretary of Energy for safety improve- Department of the Interior. (2) TERMS OF OFFICE FOR NEW GENERAL TRUST- ments to roads along the shipping route to the RELATED AGENCIES EES.— Waste Isolation Pilot Plant site. (A) INITIAL TERMS OF OFFICE.— SMITHSONIAN INSTITUTION SEC. 502. NUTWOOD LEVEE, ILLINOIS. The En- (i) COMMENCEMENTS OF INITIAL TERM.—The ergy and Water Development Appropriations SALARIES AND EXPENSES initial terms of office for all new general trust- Act, 2002 (Public Law 107–66) is amended under For emergency expenses to respond to the Sep- ees offices created by this section shall com- the heading ‘‘Title I, Department of Defense- tember 11, 2001, terrorist attacks on the United mence upon appointment by the President. Civil, Department of the Army, Corps of Engi- States, for ‘‘Salaries and Expenses’’, $21,707,000, (ii) EXPIRATIONS OF INITIAL TERM.—The initial neers-Civil, Construction, General’’ by inserting to remain available until expended, to be obli- terms of office for all new general trustee offices after ‘‘$3,500,000’’ but before the ‘‘.’’ ‘‘: Provided gated from amounts made available in Public created by this section shall continue until Sep- further, That using $400,000 of the funds appro- Law 107–38. tember 1, 2007. priated herein, the Secretary of the Army, act- NATIONAL GALLERY OF ART (iii) VACANCIES AND SERVICE UNTIL THE AP- ing through the Chief of Engineers, may initiate SALARIES AND EXPENSES POINTMENT OF A SUCCESSOR.—For all new gen- construction on the Nutwood Levee, Illinois For emergency expenses to respond to the Sep- eral trustee offices created by this section, subproject’’. tember 11, 2001, terrorist attacks on the United sections (b)(1) and (b)(2) of section 2 of the John

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 S12804 CONGRESSIONAL RECORD — SENATE December 10, 2001

F. Kennedy Center Act (20 U.S.C. 76h) shall OCCUPATIONAL SAFETY AND HEALTH National Pharmaceutical Stockpile; $512,000,000 apply. ADMINISTRATION shall be for the purchase, deployment and re- (B) SUCCEEDING TERMS OF OFFICE.—Upon the SALARIES AND EXPENSES lated costs of the smallpox vaccine, and expirations of the initial terms of office pursu- For emergency expenses to respond to the Sep- $25,000,000 shall be for improving laboratory se- ant to subparagraph (A) the terms of office for tember 11, 2001, terrorist attacks on the United curity at the National Institutes of Health and all new general trustee offices created by this States, for ‘‘Salaries and Expenses’’, $1,000,000, the Centers for Disease Control and Prevention. section shall be governed by subsection (b) of to remain available until expended, to be obli- At the discretion of the Secretary, these section 2 of the John F. Kennedy Center Act (20 gated from amounts made available in Public amounts may be transferred between categories U.S.C. 76h). Law 107–38. subject to normal reprogramming procedures. (b) EX OFFICIO TRUSTEES.—Subsection (a) of DEPARTMENTAL MANAGEMENT DEPARTMENT OF EDUCATION section 2 of the John F. Kennedy Center Act (20 SALARIES AND EXPENSES OFFICE OF ELEMENTARY AND SECONDARY U.S.C. 76h) is further amended by inserting in For emergency expenses to respond to the Sep- EDUCATION the second sentence ‘‘the Majority and Minority tember 11, 2001, terrorist attacks on the United SCHOOL IMPROVEMENT PROGRAMS Leaders of the Senate, the Speaker of the House States, for ‘‘Salaries and Expenses’’, $5,880,000, of Representatives, the Minority Leader of the For emergency expenses to respond to the Sep- to remain available until expended, to be obli- tember 11, 2001, terrorist attacks on the United House of Representatives,’’ after ‘‘the Secretary gated from amounts made available in Public of the Smithsonian Institution,’’. States, for ‘‘School Improvement Programs’’, for Law 107–38. the Project School Emergency Response to Vio- (c) HOUSEKEEPING AMENDMENT.—To conform DEPARTMENT OF HEALTH AND HUMAN lence program, $10,000,000, to be obligated from with the previous abolition of the United States SERVICES amounts made available in Public Law 107–38. Information Agency and the transfer of all functions of the Director of the United States CENTERS FOR DISEASE CONTROL AND RELATED AGENCIES Information Agency to the Secretary of State PREVENTION SOCIAL SECURITY ADMINISTRATION (sections 1311 and 1312 of Public Law 105–277, DISEASE CONTROL, RESEARCH, AND TRAINING LIMITATION ON ADMINISTRATIVE EXPENSES 112 Stat. 2681–776), subsection (a) of section 2 of For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- the John F. Kennedy Center Act (20 U.S.C. 76h) tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United is further amended by striking in the second States for ‘‘Disease control, research, and train- States, for ‘‘Limitation on Administrative Ex- sentence ‘‘the Director of the United States In- ing’’ for baseline safety screening for the emer- penses’’, $7,500,000, to remain available until ex- formation Agency,’’ and inserting in lieu thereof gency services personnel and rescue and recov- pended, to be obligated from amounts made ‘‘the Secretary of State,’’. ery personnel, $12,000,000, to remain available available in Public Law 107–38. until expended, to be obligated from amounts CHAPTER 7 NATIONAL LABOR RELATIONS BOARD made available in Public Law 107–38. DEPARTMENT OF LABOR SALARIES AND EXPENSES NATIONAL INSTITUTES OF HEALTH EMPLOYMENT AND TRAINING ADMINISTRATION For emergency expenses to respond to the Sep- NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH tember 11, 2001, terrorist attacks on the United TRAINING AND EMPLOYMENT SERVICES SCIENCES States, for ‘‘Salaries and Expenses’’, $180,000, to For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- remain available until expended, to be obligated tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United from amounts made available in Public Law States for ‘‘Training and employment services’’, States for ‘‘National Institute of Environmental 107–38. Health Sciences’’ for carrying out activities set $32,500,000, to remain available until expended, CHAPTER 8 to be obligated from amounts made available in forth in section 311(a) of the Comprehensive En- Public Law 107–38: Provided, That such amount vironmental Response, Compensation, and Li- LEGISLATIVE BRANCH shall be provided to the Consortium for Worker ability Act of 1980, $10,500,000, to remain avail- JOINT ITEMS Education, established by the New York City able until expended, to be obligated from LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND amounts made available in Public Law 107–38. Central Labor Council and the New York City (INCLUDING TRANSFER OF FUNDS) Partnership, for an Emergency Employment OFFICE OF THE SECRETARY For emergency expenses to respond to the ter- Clearinghouse. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY rorist attacks on the United States, $256,081,000, STATE UNEMPLOYMENT INSURANCE AND FUND to remain available until expended, to be obli- EMPLOYMENT SERVICE OPERATIONS For emergency expenses to respond to the Sep- gated from amounts made available in Public For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United Law 107–38: Provided, That $34,500,000 shall be tember 11, 2001, terrorist attacks on the United States, to provide grants to public entities, not- transferred to the ‘‘SENATE’’, ‘‘Sergeant at States, for ‘‘State Unemployment Insurance and for-profit entities, and Medicare and Medicaid Arms and Doorkeeper of the Senate’’ and shall Employment Service Operations’’, $4,100,000, to enrolled suppliers and institutional providers to be obligated with the prior approval of the Sen- remain available until expended, to be obligated reimburse for health care related expenses or ate Committee on Appropriations: Provided fur- from amounts made available in Public Law lost revenues directly attributable to the public ther, That $40,712,000 shall be transferred to 107–38. health emergency resulting from the September ‘‘HOUSE OF REPRESENTATIVES’’, ‘‘Salaries 11, 2001, terrorist acts, for ‘‘Public Health and and Expenses’’ and shall be obligated with the WORKERS COMPENSATION PROGRAMS Social Services Emergency Fund’’, $140,000,000, prior approval of the House Committee on Ap- For emergency expenses to respond to the Sep- to remain available until expended, to be obli- propriations: Provided further, That the remain- tember 11, 2001, terrorist attacks on the United gated from amounts made available in Public ing balance of $180,869,000 shall be transferred States, for ‘‘Workers Compensation Programs’’, Law 107–38: Provided, That none of the costs to the Capitol Police Board, which shall trans- $175,000,000, to remain available until expended, have been reimbursed or are eligible for reim- fer to the affected entities in the Legislative to be obligated from amounts made available in bursement from other sources. Branch such amounts as are approved by the Public Law 107–38: Provided, That, of such For emergency expenses necessary to support House and Senate Committees on Appropria- amount, $125,000,000 shall be for payment to the activities related to countering potential biologi- tions: Provided further, That any Legislative New York State Workers Compensation Review cal, disease, and chemical threats to civilian Branch entity receiving funds pursuant to the Board, for the processing of claims related to the populations, for ‘‘Public Health and Social Emergency Response Fund established by Public terrorist attacks: Provided further, That, of Services Emergency Fund’’, $2,575,000,000, to re- Law 107–38 (without regard to whether the such amount, $25,000,000 shall be for payment to main available until expended, to be obligated funds are provided under this chapter or pursu- the New York State Uninsured Employers Fund, from amounts made available in Public Law ant to any other provision of law) may transfer for reimbursement of claims related to the ter- 107–38. Of this amount, $1,000,000,000 shall be any funds provided to the entity to any other rorist attacks: Provided further, That, of such for the Centers for Disease Control and Preven- Legislative Branch entity receiving funds under amount, $25,000,000 shall be for payment to the tion for improving State and local capacity; Public Law 107–38 in an amount equal to that New York State Uninsured Employers Fund, for $100,000,000 shall be for grants to hospitals, in required to provide support for security en- reimbursement of claims related to the first re- collaboration with local governments, to improve hancements, subject to the approval of the Com- sponse emergency services personnel who were capacity to respond to bioterrorism; $165,000,000 mittees on Appropriations of the House of Rep- injured, were disabled, or died due to the ter- shall be for upgrading capacity at the Centers resentatives and Senate. rorist attacks. for Disease Control and Prevention, including SENATE research; $10,000,000 shall be for the establish- PENSION AND WELFARE BENEFITS ment and operation of a national system to ADMINISTRATIVE PROVISIONS ADMINISTRATION track biological pathogens; $99,000,000 shall be SEC. 801. (a) ACQUISITION OF BUILDINGS AND SALARIES AND EXPENSES for the National Institute of Allergy and Infec- FACILITIES.—Notwithstanding any other provi- For emergency expenses to respond to the Sep- tious Diseases for bioterrorism-related research sion of law, in order to respond to an emergency tember 11, 2001, terrorist attacks on the United and development and other related needs; situation, the Sergeant at Arms of the Senate States, for ‘‘Salaries and Expenses’’, $1,600,000, $71,000,000 shall be for the National Institute of may acquire buildings and facilities, subject to to remain available until expended, to be obli- Allergy and Infectious Diseases for the con- the availability of appropriations, for the use of gated from amounts made available in Public struction of biosafety laboratories and related the Senate, as appropriate, by lease, purchase, Law 107–38. infrastructure costs; $593,000,000 shall be for the or such other arrangement as the Sergeant at

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12805

Arms of the Senate considers appropriate (in- than the lesser of the annual salary for the Ser- SEC. 806. (a) Notwithstanding any other provi- cluding a memorandum of understanding with geant at Arms of the House of Representatives sion of law, the United States Capitol Preserva- the head of an Executive Agency, as defined in or the annual salary for the Sergeant at Arms tion Commission established under section 801 of section 105 of title 5, United States Code, in the and Doorkeeper of the Senate.’’. the Arizona-Idaho Conservation Act of 1988 (40 case of a building or facility under the control (b) The Assistant Chief of the Capitol Police U.S.C. 188a) may transfer to the Architect of the of such Agency). Actions taken by the Sergeant shall receive compensation at a rate determined Capitol amounts in the Capitol Preservation at Arms of the Senate must be approved by the by the Capitol Police Board, but not to exceed Fund established under section 803 of such Act Committees on Appropriations and Rules and $1,000 less than the annual salary for the chief (40 U.S.C. 188a–2) if the amounts are to be used Administration. of the United States Capitol Police. by the Architect for the planning, engineering, (b) AGREEMENTS.—Notwithstanding any other (c) This section and the amendment made by design, or construction of the Capitol Visitor provision of law, for purposes of carrying out this section shall apply with respect to pay peri- Center. subsection (a), the Sergeant at Arms of the Sen- ods beginning on or after the date of the enact- (b) Any amounts transferred pursuant to sub- ate may carry out such activities and enter into ment of this Act. section (a) shall remain available for the use of such agreements related to the use of any build- SEC. 804. (a) ASSISTANCE FOR CAPITOL POLICE the Architect of the Capitol until expended. ing or facility acquired pursuant to such sub- FROM EXECUTIVE DEPARTMENTS AND AGEN- (c) This section shall apply with respect to fis- section as the Sergeant at Arms of the Senate CIES.—Notwithstanding any other provision of cal year 2002 and each succeeding fiscal year. considers appropriate, including— law, Executive departments and Executive agen- CHAPTER 9 (1) agreements with the United States Capitol cies may assist the United States Capitol Police Police or any other entity relating to the polic- in the same manner and to the same extent as MILITARY CONSTRUCTION ing of such building or facility; and such departments and agencies assist the United MILITARY CONSTRUCTION, DEFENSE-WIDE (2) agreements with the Architect of the Cap- States Secret Service under section 6 of the Pres- For emergency expenses to respond to the Sep- itol or any other entity relating to the care and idential Protection Assistance Act of 1976 (18 tember 11, 2001, terrorist attacks on the United maintenance of such building or facility. U.S.C. 3056 note), except as may otherwise be States, for ‘‘Military Construction, Defense- (c) AUTHORITY OF CAPITOL POLICE AND AR- provided in this section. wide’’, $475,000,000 to remain available until ex- CHITECT.— (b) TERMS OF ASSISTANCE.—Assistance under pended, to be obligated from amounts made (1) ARCHITECT OF THE CAPITOL.—Notwith- this section shall be provided— available in Public Law 107–38. (1) consistent with the authority of the Cap- standing any other provision of law, the Archi- GENERAL PROVISIONS, THIS CHAPTER tect of the Capitol may take any action nec- itol Police under sections 9 and 9A of the Act of essary to carry out an agreement entered into July 31, 1946 (40 U.S.C. 212a and 212a–2); SEC. 901. (a) AVAILABILITY OF AMOUNTS FOR with the Sergeant at Arms of the Senate pursu- (2) upon the advance written request of— MILITARY CONSTRUCTION RELATING TO TER- ant to subsection (b). (A) the Chairman of the Capitol Police Board, RORISM.—Amounts made available to the De- (2) CAPITOL POLICE.—Section 9 of the Act of or partment of Defense from funds appropriated in July 31, 1946 (40 U.S.C. 212a) is amended— (B) in the absence of the Chairman of the Public Law 107–38 and this Act may be used to (A) by striking ‘‘The Capitol Police’’ and in- Capitol Police Board— carry out military construction projects, not serting ‘‘(a) The Capitol Police’’; and (i) the Sergeant at Arms and Doorkeeper of otherwise authorized by law, that the Secretary (B) by adding at the end the following new the Senate, in the case of any matter relating to of Defense determines are necessary to respond subsection: the Senate; or to or protect against acts or threatened acts of ‘‘(b) For purposes of this section, ‘the United (ii) the Sergeant at Arms of the House of Rep- terrorism. States Capitol Buildings and Grounds’ shall in- resentatives, in the case of any matter relating (b) NOTICE TO CONGRESS.—Not later than 15 clude any building or facility acquired by the to the House; and days before obligating amounts available under Sergeant at Arms of the Senate for the use of (3) either— subsection (a) for military construction projects the Senate for which the Sergeant at Arms of (A) on a temporary and non-reimbursable referred to in that subsection the Secretary shall the Senate has entered into an agreement with basis, notify the appropriate committees of Congress the United States Capitol Police for the policing (B) on a temporary and reimbursable basis, or the following: of the building or facility.’’. (C) on a permanent reimbursable basis upon (1) The determination to use such amounts for (d) TRANSFER OF CERTAIN FUNDS.—Subject to advance written request of the Chairman of the the project. the approval of the Committee on Appropria- Capitol Police Board. (2) The estimated cost of the project. tions of the Senate, the Architect of the Capitol (c) REPORTS ON EXPENDITURES FOR ASSIST- (c) APPROPRIATE COMMITTEES OF CONGRESS may transfer to the Sergeant at Arms of the Sen- ANCE.— DEFINED.—In this section the term ‘‘appropriate ate amounts made available to the Architect for (1) REPORTS.—With respect to any fiscal year committees of Congress’’ has the meaning given necessary expenses for the maintenance, care in which an Executive department or Executive that term in section 2801 (4) of title 10, United and operation of the Senate office buildings agency provides assistance under this section, States Code. during a fiscal year in order to cover any por- the head of that department or agency shall SEC. 902. If in exercising the authority in section of the costs incurred by the Sergeant at submit a report not later than 30 days after the tion 2808 of title 10, United States Code, to carry Arms of the Senate during the year in acquiring end of the fiscal year to the Chairman of the out military construction projects not author- a building or facility pursuant to subsection (a). Capitol Police Board. ized by law, the Secretary of Defense utilizes, (e) EFFECTIVE DATE.—This section and the (2) CONTENTS.—The report submitted under whether in whole or in part, funds appropriated amendments made by this section shall apply paragraph (1) shall contain a detailed account but not yet obligated for a military construction with respect to fiscal year 2002 and each suc- of all expenditures made by the Executive de- project previously authorized by law, the Sec- ceeding fiscal year. partment or Executive agency in providing as- retary may carry out such military construction SEC. 802. (a) Notwithstanding any other provi- sistance under this section during the applicable project previously authorized by law using sion of law— fiscal year. amounts appropriated by the 2001 Emergency (1) subject to subsection (b), the Sergeant at (3) SUMMARY OF REPORTS.—After receipt of all Supplemental Appropriations Act for Recovery Arms of the Senate and the head of an Execu- reports under paragraph (2) with respect to any from and Response to Terrorist Attacks on the tive Agency (as defined in section 105 of title 5, fiscal year, the Chairman of the Capitol Police United States (Public Law 107–38; 115 Stat. 220), United States Code) may enter into a memo- Board shall submit a summary of such reports to or any other appropriations Act to provide randum of understanding under which the the Committees on Appropriations of the Senate funds for the recovery from and response to the Agency may provide facilities, equipment, sup- and the House of Representatives. terrorist attacks on the United States that is en- plies, personnel, and other support services for (d) EFFECTIVE DATE.—This section shall apply acted after the date of the enactment of this the use of the Senate during an emergency situ- with respect to fiscal year 2002 and each suc- Act, and available for obligation. ation; and ceeding fiscal year. CHAPTER 10 SEC. 805. (a) The Chief of the Capitol Police (2) the Sergeant at Arms of the Senate and the DEPARTMENT OF TRANSPORTATION head of the Agency may take any action nec- may, upon any emergency as determined by the essary to carry out the terms of the memo- Capitol Police Board, deputize members of the OFFICE OF THE SECRETARY randum of understanding. National Guard (while in the performance of SALARIES AND EXPENSES (b) The Sergeant at Arms of the Senate may Federal or State service), members of compo- For emergency expenses to respond to the Sep- enter into a memorandum of understanding de- nents of the Armed Forces other than the Na- tember 11, 2001, terrorist attacks on the United scribed in subsection (a)(1) consistent with the tional Guard, and Federal, State or local law States, for ‘‘Salaries and Expenses’’, for the Of- Senate Procurement Regulations. enforcement officers as may be necessary to ad- fice of Intelligence and Security, $1,500,000, to (c) This section shall apply with respect to fis- dress that emergency. Any person deputized remain available until expended, to be obligated cal year 2002 and each succeeding fiscal year. under this section shall possess all the powers from amounts made available in Public Law and privileges and may perform all duties of a OTHER LEGISLATIVE BRANCH 107–38. member or officer of the Capitol Police. ADMINISTRATIVE PROVISIONS (b) The Capitol Police Board may promulgate PAYMENTS TO AIR CARRIERS SEC. 803. (a) Section 1(c) of Public Law 96–152 regulations, as determined necessary, to carry (AIRPORT AND AIRWAY TRUST FUND) (40 U.S.C. 206–1) is amended by striking ‘‘but out provisions of this section. For emergency expenses to respond to the Sep- not to exceed’’ and all that follows and insert- (c) This section shall apply to fiscal year 2002 tember 11, 2001, terrorist attacks on the United ing the following: ‘‘but not to exceed $2,500 less and each fiscal year thereafter. States, in addition to funds made available from

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 S12806 CONGRESSIONAL RECORD — SENATE December 10, 2001

any other source to carry out the essential air CAPITAL GRANTS TO THE NATIONAL RAILROAD ‘‘(ii) If any one of the follow-on deployment service program under 49 U.S.C. 41731 through PASSENGER CORPORATION areas does not commit, by July 1, 2002, to par- 41742, to be derived from the Airport and Airway For emergency expenses to respond to the Sep- ticipate in the deployment of the system under Trust Fund, $57,000,000, to remain available tember 11, 2001, terrorist attacks on the United the contract, then, upon application by any of until expended, to be obligated from amounts States, for necessary expenses of capital im- the other follow-on deployment areas that have made available in Public Law 107–38: Provided, provements of the National Railroad Passenger committed by that date to participate in the de- That it is the sense of the Senate that funds Corporation as authorized by 49 U.S.C. 24104(a), ployment of the system, the Secretary shall sup- provided under this paragraph shall be used to $100,000,000, to remain available until expended, plement the funds made available for any of the provide subsidized service at a rate of not less and to be obligated from amounts made avail- follow-on deployment areas submitting the ap- than three flights per day for eligible commu- able in Public Law 107–38. plications by using for that purpose the funds nities with significant enplanement levels that FEDERAL TRANSIT ADMINISTRATION not used for deployment of the system in the enjoyed said rate of service, with or without nonparticipating area. Costs paid out of funds FORMULA GRANTS subsidy, prior to September 11, 2001. provided in such a supplementation shall not be For emergency expenses to respond to the Sep- counted for the purpose of the limitation on COAST GUARD tember 11, 2001, terrorist attacks on the United maximum cost set forth in subparagraph (B).’’; OPERATING EXPENSES States, for ‘‘Formula Grants’’, $23,500,000, to re- (4) by inserting after subparagraph (D), as remain available until expended, to be obligated For emergency expenses to respond to the Sep- designated by paragraph (1), the following new from amounts made available in Public Law tember 11, 2001, terrorist attacks on the United subparagraph (E): 107–38. States, for ‘‘Operating Expenses’’, $285,350,000, ‘‘(E) DEFINITIONS.—In this paragraph: to remain available until September 30, 2003, to CAPITAL INVESTMENT GRANTS ‘‘(i) The term ‘initial deployment area’ means be obligated from amounts made available in For emergency expenses to respond to the Sep- a metropolitan area referred to in the second Public Law 107–38. tember 11, 2001, terrorist attacks on the United sentence of subparagraph (A). FEDERAL AVIATION ADMINISTRATION States, for ‘‘Capital Investment Grants’’, ‘‘(ii) The term ‘follow-on deployment areas’ $100,000,000, to be obligated from amounts made OPERATIONS means the metropolitan areas of Baltimore, Bir- available in Public Law 107–38: Provided, That mingham, Boston, Chicago, Cleveland, Dallas/ (AIRPORT AND AIRWAY TRUST FUND) in administering funds made available under Ft. Worth, Denver, Detroit, Houston, Indianap- For emergency expenses to respond to the Sep- this paragraph, the Federal Transit Adminis- olis, Las Vegas, Los Angeles, Miami, New York/ tember 11, 2001, terrorist attacks on the United trator shall direct funds to those transit agen- Northern New Jersey, Northern Kentucky/Cin- States, for ‘‘Operations’’, $251,000,000, to be de- cies most severely impacted by the terrorist at- cinnati, Oklahoma City, Orlando, Philadelphia, rived from the Airport and Airway Trust Fund tacks of September 11, 2001, excluding any tran- Phoenix, Pittsburgh, Portland, Providence, Salt and to remain available until September 30, sit agency receiving a Federal payment else- Lake, San Diego, San Francisco, St. Louis, Se- 2003, to be obligated from amounts made avail- where in this Act: Provided further, That the attle, Tampa, and Washington, District of Co- able in Public Law 107–38. provisions of 49 U.S.C. 5309(h) shall not apply to lumbia.’’; and RESEARCH, ENGINEERING, AND DEVELOPMENT funds made available under this paragraph. (5) in subparagraph (D), as redesignated by (AIRPORT AND AIRWAY TRUST FUND) RESEARCH AND SPECIAL PROGRAMS paragraph (1), by striking ‘‘subparagraph (D)’’ For emergency expenses to respond to the Sep- ADMINISTRATION and inserting ‘‘subparagraph (F)’’. tember 11, 2001, terrorist attacks on the United RESEARCH AND SPECIAL PROGRAMS SEC. 1002. No appropriated funds or revenues States, for ‘‘Research, Engineering, and Devel- For emergency expenses to respond to the Sep- generated by the National Railroad Passenger opment’’, $50,000,000, to be derived from the Air- tember 11, 2001, terrorist attacks on the United Corporation may be used to implement section port and Airway Trust Fund, to be obligated States, for ‘‘Research and Special Programs’’, 204(c)(2) of Public Law 105–134 until the Con- from amounts made available in Public Law $6,000,000, to remain available until expended, gress has enacted an Amtrak reauthorization 107–38. to be obligated from amounts made available in Act. GRANTS-IN-AID FOR AIRPORTS Public Law 107–38. CHAPTER 11 (AIRPORT AND AIRWAY TRUST FUND) OFFICE OF INSPECTOR GENERAL DEPARTMENT OF THE TREASURY For emergency expenses to respond to the Sep- SALARIES AND EXPENSES INSPECTOR GENERAL FOR TAX ADMINISTRATION tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- SALARIES AND EXPENSES States, notwithstanding any other provision of tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- law, for ‘‘Grants-in-aid for airports’’, to enable States and for other safety and security related tember 11, 2001, terrorist attacks on the United the Federal Aviation Administrator to com- audit and monitoring responsibilities, for ‘‘Sala- States, for ‘‘Salaries and Expenses’’, $2,032,000, pensate airports for a portion of the direct costs ries and Expenses’’, $2,000,000, to remain avail- to remain available until expended, to be obli- associated with new, additional or revised secu- able until expended, to be obligated from gated from amounts made available by Public rity requirements imposed on airport operators amounts made available in Public Law 107–38. Law 107–38. by the Administrator on or after September 11, RELATED AGENCY 2001, $200,000,000, to be derived from the Airport FINANCIAL CRIMES ENFORCEMENT NETWORK NATIONAL TRANSPORTATION SAFETY BOARD and Airway Trust Fund, to remain available SALARIES AND EXPENSES until expended, to be obligated from amounts SALARIES AND EXPENSES For emergency expenses to respond to the Sep- made available in Public Law 107–38 For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United FEDERAL HIGHWAY ADMINISTRATION States, for ‘‘Salaries and Expenses’’, $1,700,000, States, for ‘‘Salaries and Expenses’’, $836,000, to to remain available until expended, to be obli- MISCELLANEOUS APPROPRIATIONS remain available until expended, to be obligated For emergency expenses to respond to the Sep- gated from amounts made available in Public from amounts made available in Public Law Law 107–38. tember 11, 2001, terrorist attacks on the United 107–38. FEDERAL LAW ENFORCEMENT TRAINING CENTER States, for ‘‘Miscellaneous Appropriations’’, in- GENERAL PROVISIONS, THIS CHAPTER cluding the operation and construction of ferrys SALARIES AND EXPENSES SEC. 1001. Section 5117(b)(3) of the Transpor- and ferry facilities, $110,000,000, to remain avail- tation Equity Act for the 21st Century (Public For emergency expenses to respond to the Sep- able until expended, to be obligated from Law 105–178; 112 Stat. 449; 23 U.S.C. 502 note) is tember 11, 2001, terrorist attacks on the United amounts made available in Public Law 107–38. amended — States, for ‘‘Salaries and Expenses’’, $22,846,000, FEDERAL-AID HIGHWAYS (1) by redesignating subparagraphs (C), (D), to remain available until expended, to be obli- EMERGENCY RELIEF PROGRAM and (E) as subparagraphs (D), (F), and (G), re- gated from amounts made available in Public Law 107–38. (HIGHWAY TRUST FUND) spectively; For emergency expenses to respond to the Sep- (2) by inserting after subparagraph (B) the FINANCIAL MANAGEMENT SERVICE tember 11, 2001, terrorist attacks on the United following new subparagraph (C): SALARIES AND EXPENSES States, for ‘‘Emergency Relief Program’’, as au- ‘‘(C) FOLLOW-ON DEPLOYMENT.—(i) After an For emergency expenses to respond to the Sep- thorized by section 125 of title 23, United States intelligent transportation infrastructure system tember 11, 2001, terrorist attacks on the United Code, $75,000,000, to be derived from the High- deployed in an initial deployment area pursuant States, for ‘‘Salaries and Expenses’’, $600,000, to way Trust Fund and to remain available until to a contract entered into under the program remain available until expended, to be obligated expended, to be obligated from amounts made under this paragraph has received system ac- from amounts made available in Public Law available in Public Law 107–38. ceptance, the Department of Transportation has 107–38. the authority to extend the original contract FEDERAL RAILROAD ADMINISTRATION that was competitively awarded for the deploy- BUREAU OF ALCOHOL, TOBACCO AND FIREARMS SAFETY AND OPERATIONS ment of the system in the follow-on deployment SALARIES AND EXPENSES For emergency expenses to respond to the Sep- areas under the contract, using the same asset For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United ownership, maintenance, fixed price contract, tember 11, 2001, terrorist attacks on the United States, for ‘‘Safety and Operations’’, $6,000,000, and revenue sharing model, and the same com- States, for ‘‘Salaries and Expenses’’, $31,431,000, to remain available until expended, to be obli- petitively selected consortium leader, as were to remain available until expended, to be obligated from amounts made available in Public used for the deployment in that initial deploy- gated from amounts made available in Public Law 107–38. ment area under the program. Law 107–38.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12807

UNITED STATES CUSTOMS SERVICE tion 5402 of title 39, and to recommend new rates for compensation only if located in New York SALARIES AND EXPENSES and qualifications to reduce expenditures with- City in the area located on or south of Canal For emergency expenses to respond to the Sep- out reducing service levels. Street, on or south of East Broadway (east of its tember 11, 2001, terrorist attacks on the United INDEPENDENT AGENCIES intersection with Canal Street), or on or south of Grand Street (east of its intersection with States, for ‘‘Salaries and Expenses’’, GENERAL SERVICES ADMINISTRATION $292,603,000, to remain available until expended, East Broadway): Provided further, That, of the REAL PROPERTY ACTIVITIES to be obligated from amounts made available in amount made available under this heading, no Public Law 107–38; of this amount, not less than FEDERAL BUILDING FUND less than $500,000,000 shall be made available for $140,000,000 shall be available for increased For emergency expenses to respond to the Sep- individuals, nonprofits or small businesses de- staffing to combat terrorism along the Nation’s tember 11, 2001, terrorist attacks on the United scribed in the prior three provisos with a limit of borders, of which $10,000,000 shall be available States, for ‘‘Federal Buildings Fund’’, $500,000 per small business for economic losses. for hiring inspectors along the Southwest bor- $126,500,000, to remain available until expended, MANAGEMENT AND ADMINISTRATION der; not less than $15,000,000 shall be available to be obligated from amounts made available in OFFICE OF INSPECTOR GENERAL for seaport security; and not less than Public Law 107–38. For emergency expenses to respond to the Sep- $30,000,000 shall be available for the procure- NATIONAL ARCHIVES AND RECORDS tember 11, 2001, terrorist attacks on the United ment and deployment of non-intrusive and ADMINISTRATION States, for ‘‘Office of Inspector General’’, counterterrorism inspection technology, equip- OPERATING EXPENSES $1,000,000, to remain available until expended, ment and infrastructure improvements to combat For emergency expenses to respond to the Sep- to be obligated from amounts made available in terrorism at the land and sea border ports of tember 11, 2001, terrorist attacks on the United Public Law 107–38. entry. States, for ‘‘Operating Expenses’’, $4,818,000, to INDEPENDENT AGENCIES OPERATION, MAINTENANCE AND PROCUREMENT, remain available until expended, to be obligated ENVIRONMENTAL PROTECTION AGENCY AIR AND MARINE INTERDICTION PROGRAMS from amounts made available in Public Law SCIENCE AND TECHNOLOGY For emergency expenses to respond to the Sep- 107–38. tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- REPAIRS AND RESTORATION States, for ‘‘Operation, Maintenance and Pro- tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- curement, Air and Marine Interdiction Pro- States, and to support activities related to coun- tember 11, 2001, terrorist attacks on the United grams’’, $6,700,000, to remain available until ex- tering terrorism, for ‘‘Science and Technology’’, States, for ‘‘Repairs and Restoration’’, pended, to be obligated from amounts made $41,514,000, to remain available until expended, $2,180,000, to remain available until expended, available in Public Law 107–38. to be obligated from amounts made available in to be obligated from amounts made available in Public Law 107–38. INTERNAL REVENUE SERVICE Public Law 107–38. ENVIRONMENTAL PROGRAMS AND MANAGEMENT PROCESSING, ASSISTANCE AND MANAGEMENT GENERAL PROVISION, THIS CHAPTER For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- SEC. 1101. None of the funds appropriated by tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United this Act or any other Act may be used after June States, and to support activities related to coun- States, for ‘‘Processing, Assistance and Manage- 30, 2002 for the operation of any federally tering terrorism, for ‘‘Environmental Programs ment’’, $16,658,000, to remain available until ex- owned building if determined to be appropriate and Management’’, $38,194,000, to remain avail- pended, to be obligated from amounts made by the Administrator of the General Services Ad- able until expended, to be obligated from available by Public Law 107–38. ministration, or to enter into any lease or lease amounts made available in Public Law 107–38. TAX LAW ENFORCEMENT renewal with any person for office space for a HAZARDOUS SUBSTANCE SUPERFUND For emergency expenses to respond to the Sep- Federal agency in any other building, unless tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- such operation, lease, or lease renewal is in tember 11, 2001, terrorist attacks on the United States, for ‘‘Tax Law Enforcement’’, $4,544,000, compliance with a regulation or Executive Order to remain available until expended, to be obli- States, and to support activities related to coun- issued after the date of enactment of this section tering terrorism, for ‘‘Hazardous Substance gated from amounts made available by Public that requires redundant and physically separate Law 107–38. Superfund’’, $41,292,000, to remain available entry points to such buildings, and the use of until expended, to be obligated from amounts INFORMATION SYSTEMS physically diverse local network facilities, for made available in Public Law 107–38. For emergency expenses to respond to the Sep- the provision of telecommunications services to STATE AND TRIBAL ASSISTANCE GRANTS tember 11, 2001, terrorist attacks on the United Federal agencies in such buildings. For making grants for emergency expenses to States, for ‘‘Information Systems’’, $15,991,000, CHAPTER 12 to remain available until expended, to be obli- respond to the September 11, 2001, terrorist at- gated from amounts made available by Public DEPARTMENT OF VETERANS AFFAIRS tacks on the United States, and to support ac- Law 107–38. CONSTRUCTION, MAJOR PROJECTS tivities related to countering potential biological and chemical threats to populations, for ‘‘State UNITED STATES SECRET SERVICE For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United and Tribal Assistance Grants’’, $5,000,000, to re- SALARIES AND EXPENSES States, for ‘‘Construction, Major Projects’’, main available until expended, to be obligated For emergency expenses to respond to the Sep- $2,000,000, to remain available until expended, from amounts made available in Public Law tember 11, 2001, terrorist attacks on the United to be obligated from amounts made available in 107–38. States, for ‘‘Salaries and Expenses’’, Public Law 107–38. FEDERAL EMERGENCY MANAGEMENT AGENCY $104,769,000, to remain available until expended, to be obligated from amounts made available in DEPARTMENT OF HOUSING AND URBAN DISASTER RELIEF Public Law 107–38. DEVELOPMENT For disaster recovery activities and assistance related to the terrorist attacks in New York, Vir- EXECUTIVE OFFICE OF THE PRESIDENT COMMUNITY PLANNING AND DEVELOPMENT ginia, and Pennsylvania on September 11, 2001, OFFICE OF ADMINISTRATION COMMUNITY DEVELOPMENT FUND for ‘‘Disaster Relief’’, $5,824,344,000, to remain SALARIES AND EXPENSES For emergency expenses to respond to the Sep- available until expended, to be obligated from For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United amounts made available in Public Law 107–38. States, for ‘‘Community development fund’’, tember 11, 2001, terrorist attacks on the United SALARIES AND EXPENSES $2,000,000,000, to remain available until ex- States, for ‘‘Salaries and Expenses’’, $50,040,000, For emergency expenses to respond to the Sep- pended, to be obligated from amounts made to remain available until expended, to be obli- tember 11, 2001, terrorist attacks on the United available in Public Law 107–38: Provided, That gated from amounts made available in Public States, for ‘‘Salaries and Expenses’’, $20,000,000, such funds shall be subject to the first through Law 107–38. to remain available until expended, for the Of- sixth provisos in section 434 of Public Law 107– POSTAL SERVICE fice of National Preparedness, to be obligated 73: Provided further, That within 45 days of en- from amounts made available in Public Law PAYMENT TO THE POSTAL SERVICE FUND actment, the State of New York, in conjunction 107–38. For emergency expenses to the Postal Service with the City of New York, shall establish a cor- Fund to enable the Postal Service to build and poration for the obligation of the funds provided EMERGENCY MANAGEMENT PLANNING AND establish a system for sanitizing and screening under this heading, issue the initial criteria and ASSISTANCE mail matter, to protect postal employees and requirements necessary to accept applications (INCLUDING TRANSFER OF FUNDS) postal customers from exposure to biohazardous from individuals, nonprofits and small busi- For emergency expenses to respond to the Sep- material, and to replace or repair Postal Service nesses for economic losses from the September tember 11, 2001, terrorist attacks on the United facilities destroyed or damaged in New York 11, 2001, terrorist attacks, and begin processing States and to support activities related to coun- City as a result of the September 11, 2001, ter- such applications: Provided further, That the tering terrorism, for ‘‘Emergency Management rorist attacks, $600,000,000, to remain available corporation shall respond to any application Planning and Assistance’’, $290,000,000, to re- until expended, to be obligated from amounts from an individual, nonprofit or small business main available until September 30, 2003, for pro- made available in Public Law 107–38: Provided, for economic losses under this heading within 45 grams as authorized by section 33 of the Federal That the Postal Service is authorized to review days of the submission of an application for Fire Prevention and Control Act of 1974, as rates for product delivery and minimum quali- funding: Provided further, That individuals, amended (15 U.S.C. 2201 et seq.), to be obligated fications for eligible service providers under sec- nonprofits or small businesses shall be eligible from amounts made available in Public Law

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 S12808 CONGRESSIONAL RECORD — SENATE December 10, 2001

107–38: Provided, That up to 5 percent of this after the date of enactment of the Unity in Serv- SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In amount shall be transferred to ‘‘Salaries and ex- ice to America Act, as determined by the Foun- preparing the final sequestration report for fis- penses’’ for program administration. dation. cal year 2002 required by section 254(f)(3) of the NATIONAL AERONAUTICS AND SPACE ‘‘(e) WEBSITE AND DATABASE.—The Founda- Balanced Budget and Emergency Deficit Con- ADMINISTRATION tion shall create and maintain websites and trol Act of 1985, the Director of the Office of databases, to describe projects named under this Management and Budget shall change any bal- HUMAN SPACE FLIGHT section and serve as appropriate vehicles for rec- ance of direct spending and receipts legislation For emergency expenses to respond to the Sep- ognizing the projects.’’. for fiscal years 2001 and 2002 under section 252 tember 11, 2001, terrorist attacks on the United SEC. 1202. Within funds previously appro- of that Act to zero. States, for ‘‘Human Space Flight’’, $64,500,000, priated as authorized under the Native Amer- DIVISION D—TECHNICAL CORRECTIONS to remain available until expended, to be obli- ican Housing and Self Determination Act of 1996 SEC. 101. Title VI of the Agriculture, Rural gated from amounts made available in Public (Pub. L. 104–330, § 1(a), 110 Stat. 4016) and made Development, Food and Drug Administration, Law 107–38. available to Cook Inlet Housing Authority, Cook and Related Agencies Appropriations Act, 2002 SCIENCE, AERONAUTICS AND TECHNOLOGY Inlet Housing Authority may use up to (Public Law 107–76) is amended under the head- For emergency expenses to respond to the Sep- $9,500,000 of such funds to construct student ing ‘‘Food and Drug Administration, Salaries tember 11, 2001, terrorist attacks on the United housing for Native college students, including and Expenses’’ by striking ‘‘$13,207,000’’ and in- States, for ‘‘Science, Aeronautics and Tech- an on-site computer lab and related study facili- serting ‘‘$13,357,000’’. nology’’, $28,600,000, to remain available until ties, and, notwithstanding any provision of SEC. 102. Title IV of the Departments of Com- expended, to be obligated from amounts made such Act to the contrary, Cook Inlet Housing merce, Justice, and State, the Judiciary and Re- available in Public Law 107–38. Authority may use a portion of such funds to lated Agencies Appropriations Act, 2002 (Public NATIONAL SCIENCE FOUNDATION establish a reserve fund and to provide for Law 107–77) is amended in the third proviso of RESEARCH AND RELATED ACTIVITIES maintenance of the project. the first undesignated paragraph under the For emergency expenses to respond to the Sep- CHAPTER 13 heading ‘‘Diplomatic and Consular Programs’’ tember 11, 2001, terrorist attacks on the United GENERAL PROVISIONS, THIS DIVISION by striking ‘‘this heading’’ and inserting ‘‘the States, for ‘‘Research and Related Activities’’, SEC. 1301. Amounts which may be obligated appropriations accounts within the Administra- $300,000, to remain available until expended, to pursuant to this division are subject to the terms tion of Foreign Affairs’’. be obligated from amounts made available in and conditions provided in Public Law 107–38. SEC. 103. Title V of the Departments of Com- Public Law 107–38. SEC. 1302. No part of any appropriation con- merce, Justice, and State, the Judiciary and Re- GENERAL PROVISIONS, THIS CHAPTER tained in this division shall remain available for lated Agencies Appropriations Act, 2002 (Public obligation beyond the current fiscal year unless Law 107–77) is amended in the proviso under the SEC. 1201. UNITY IN THE SPIRIT OF AMERICA. expressly so provided herein. heading ‘‘Commission on Ocean Policy’’ by (a) SHORT TITLE.—This section may be cited as This division may be cited as the ‘‘Emergency striking ‘‘appointment’’ and inserting ‘‘the first the ‘‘Unity in the Spirit of America Act’’ or the Supplemental Act, 2002’’. meeting of the Commission’’. ‘‘USA Act’’. DIVISION C—SPENDING LIMITS AND BUDG- SEC. 104. Section 612 of Public Law 107–77 is (b) PROJECTS HONORING VICTIMS OF TER- amended by striking ‘‘June 30, 2002’’ and insert- RORIST ATTACKS.—The National and Commu- ETARY ALLOCATIONS FOR FISCAL YEAR 2002 ing ‘‘April 1, 2002’’. nity Service Act of 1990 (42 U.S.C. 12501 et seq.) SEC. 105. Section 626(c) of the Departments of is amended by inserting before title V the fol- SEC. 101. (a) DISCRETIONARY SPENDING LIM- Commerce, Justice, and State, the Judiciary and lowing: ITS.—Section 251(c)(6) of the Balanced Budget Related Agencies Appropriations Act, 2002 (Pub- ‘‘TITLE IV—PROJECTS HONORING VICTIMS and Emergency Deficit Control Act of 1985 is lic Law 107–77) is amended by striking OF TERRORIST ATTACKS amended by striking subparagraph (A) and in- ‘‘1:00CV03110(ESG)’’ and inserting serting the following: ‘‘SEC. 401. PROJECTS. ‘‘1:00CV03110(EGS)’’. ‘‘(A) for the discretionary category: SEC. 106. JICARILLA, NEW MEXICO, MUNICIPAL ‘‘(a) DEFINITION.—In this section, the term $681,441,000,000 in new budget authority and ‘Foundation’ means the Points of Light Foun- WATER SYSTEM. Public Law 107–66 is amended— $670,447,000,000 in outlays;’’. (1) under the heading of ‘‘Title I, Department dation funded under section 301, or another (b) REVISED AGGREGATES AND ALLOCATIONS.— of Defense—Civil, Department of the Army, nonprofit private organization, that enters into Upon the enactment of this section, the chair- Corps of Engineers—Civil, Construction, Gen- an agreement with the Corporation to carry out man of the Committee on the Budget of the eral’’— this section. House of Representatives and the chairman of (A) by striking ‘‘Provided further, That using ‘‘(b) IDENTIFICATION OF PROJECTS.— the Committee on the Budget of the Senate shall $2,500,000 of the funds provided herein, the Sec- ‘‘(1) ESTIMATED NUMBER.—Not later than De- each— retary of the Army, acting through the Chief of cember 1, 2001, the Foundation, after obtaining (1) revise the aggregate levels of new budget Engineers, is directed to proceed with a final de- the guidance of the heads of appropriate Fed- authority and outlays for fiscal year 2002 set in sign and initiate construction for the repair and eral agencies, such as the Director of the Office sections 101(2) and 101(3) of the concurrent reso- replacement of the Jicarilla Municipal Water of Homeland Security and the Attorney General, lution on the budget for fiscal year 2002 (H. System in the town of Dulce, New Mexico:’’; and shall— Con. Res. 83, 107th Congress), to the extent nec- (B) insert at the end before the period the fol- ‘‘(A) make an estimate of the number of vic- essary to reflect the revised limits on discre- lowing: ‘‘: Provided further, That using funds tims killed as a result of the terrorist attacks on tionary budget authority and outlays for fiscal provided herein, the Secretary of the Army, act- September 11, 2001 (referred to in this section as year 2002 provided in subsection (a); ing through the Chief of Engineers, is directed the ‘estimated number’); and (2) revise allocations under section 302(a) of to transfer $2,500,000 to the Secretary of the In- ‘‘(B) compile a list that specifies, for each in- the Congressional Budget Act of 1974 to the terior for the Bureau of Reclamation to proceed dividual that the Foundation determines to be Committee on Appropriations of their respective with the Jicarilla Municipal Water System in such a victim, the name of the victim and the House as initially set forth in the joint explana- the town of Dulce, New Mexico’’; and State in which the victim resided. tory statement of managers accompanying the (2) under the heading of ‘‘Title II, Department ‘‘(2) IDENTIFIED PROJECTS.—The Foundation conference report on that concurrent resolution, of the Interior, Bureau of Reclamation, Water may identify approximately the estimated num- to the extent necessary to reflect the revised lim- and Related Resources, (Including the Transfer ber of community-based national and commu- its on discretionary budget authority and out- of Funds)’’— nity service projects that meet the requirements lays for fiscal year 2002 provided in subsection (A) insert at the end before the period the fol- of subsection (d). The Foundation shall name (a); and lowing: ‘‘: Provided further, That using each identified project in honor of a victim de- (3) publish those revised aggregates and allo- $2,500,000 of the funds provided herein, the Sec- scribed in subsection (b)(1)(A), after obtaining cations in the Congressional Record. retary of the Interior is directed to proceed with the permission of an appropriate member of the (c) REPEAL OF SECTION 203 OF BUDGET RESO- a final design and initiate construction for the victim’s family and the entity carrying out the LUTION FOR FISCAL YEAR 2002.—Section 203 of repair and replacement of the Jicarilla Munic- project. the concurrent resolution on the budget for fis- ipal Water System in the town of Dulce, New ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to cal year 2002 (H. Con. Res. 83, 107th Congress) Mexico’’. have a project named under this section, the en- is repealed. SEC. 107. (a) Public Law 107–68 is amended by tity carrying out the project shall be a political (d) ADJUSTMENTS.—If, for fiscal year 2002, the adding at the end the following: subdivision of a State, a business, a nonprofit amount of new budget authority provided in ap- ‘‘This Act may be cited as the ‘Legislative organization (which may be a religious organi- propriation Acts exceeds the discretionary Branch Appropriations Act, 2002’.’’. zation, such as a Christian, Jewish, or Muslim spending limit on new budget authority for any (b) The amendment made by subsection (a) organization), an Indian tribe, or an institution category due to technical estimates made by the shall take effect as if included in the enactment of higher education. Director of the Office of Management and of Public Law 107–68. ‘‘(d) PROJECTS.—The Foundation shall name, Budget, the Director shall make an adjustment SEC. 108. Section 102 of the Legislative Branch under this section, projects— equal to the amount of the excess, but not to ex- Appropriations Act, 2002 (Public Law 107–68) is ‘‘(1) that advance the goals of unity, and im- ceed an amount equal to 0.2 percent of the sum amended— proving the quality of life in communities; and of the adjusted discretionary limits on new (1) in subsection (a), by striking paragraph (1) ‘‘(2) that will be planned, or for which imple- budget authority for all categories for fiscal and redesignating paragraphs (2) through (6) as mentation will begin, within a reasonable period year 2002. paragraphs (1) through (5), respectively;

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.005 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12809 (2) in subsection (g)(1)— vironmental streamlining activities under sec- assistance does not meet the requirements of sec- (A) in subparagraph (A), by striking ‘‘sub- tion 104(a)(1)(A) of title 23, United States Code, tion 514, the Secretary of Housing and Urban section (i)(1)(A)’’ and inserting ‘‘subsection may include making grants to, or entering into Development (‘‘Secretary’’) shall recapture any (h)(1)(A)’’; and contracts, cooperative agreements, and other such funds: Provided further, That no funds ap- (B) in subparagraph (B), by striking ‘‘sub- transactions, with a Federal agency, State propriated under title II of Public Law 107–73 section (i)(1)(B)’’ and inserting ‘‘subsection agency, local agency, authority, association and subsequent appropriations acts for the De- (h)(1)(B)’’. nonprofit or for-profit corporation, or institu- partment of Housing and Urban Development SEC. 109. (a) Section 209 of the Legislative tion of higher education. shall be made available for four years to any en- Branch Appropriations Act, 2002 (Public Law (c) Notwithstanding any other provision of tity (or any subsequent entity comprised of sig- 107–68) is amended in the matter amending Pub- law, of the funds authorized under section 110 nificantly the same officers) that has been iden- lic Law 106–173 by striking the quotation marks of title 23, United States Code, for fiscal year tified as having violated the requirements of sec- and period at the end of the new subsection (g) 2002, and made available for the National motor tion 514 by the HUD Inspector General: Pro- and inserting the following: ‘‘Any reimburse- carrier safety program, $5,896,000 shall be for vided further, That, notwithstanding any other ment under this subsection shall be credited to State commercial driver’s license program im- provision of law, no funding for technical as- the appropriation, fund, or account used for provements. sistance under section 514 shall be available for paying the amounts reimbursed. (d) Notwithstanding any other provision of carryover from any previous year: Provided fur- ‘‘(h) EMPLOYMENT BENEFITS.— law, of the funds authorized under section 110 ther, That the Secretary shall implement the ‘‘(1) IN GENERAL.—The Commission shall fix of title 23, United States Code, for fiscal year provisions under this heading in a manner that employment benefits for the Director and for ad- 2002, and made available for border infrastruc- does not accelerate outlays. ditional personnel appointed under section 6(a), ture improvements, up to $2,300,000 shall be DIVISION E—MISCELLANEOUS PROVISIONS in accordance with paragraphs (2) and (3). made available to carry out section 1119(d) of TITLE I—HOMESTAKE MINE CONVEYANCE ‘‘(2) EMPLOYMENT BENEFITS FOR THE DIREC- the Transportation Equity Act for the 21st Cen- TOR.— tury, as amended. SEC. 101. SHORT TITLE. ‘‘(A) IN GENERAL.—The Commission shall de- SEC. 112. Notwithstanding any other provision This title may be cited as the ‘‘Homestake termine whether or not to treat the Director as of law, of the amounts appropriated for in fiscal Mine Conveyance Act of 2001’’. a Federal employee for purposes of employment year 2002 for the Research and Special Programs SEC. 102. FINDINGS. benefits. If the Commission determines that the Administration, $3,170,000 of funds provided for Congress finds that— Director is to be treated as a Federal employee, research and special programs shall remain (1) the United States is among the leading na- then he or she is deemed to be an employee as available until September 30, 2004; and tions in the world in conducting basic scientific that term is defined by section 2105 of title 5, $22,786,000 of funds provided for the pipeline research; United States Code, for purposes of chapters 63, safety program derived from the pipeline safety (2) that leadership position strengthens the 83, 84, 87, 89, and 90 of that title, and is deemed fund shall remain available until September 30, economy and national defense of the United to be an employee for purposes of chapter 81 of 2004. States and provides other important benefits; that title. If the Commission determines that the SEC. 113. Item 1497 in the table contained in (3) the Homestake Mine in Lead, South Da- Director is not to be treated as a Federal em- section 1602 of the Transportation Equity Act kota, owned by the Homestake Mining Company ployee for purposes of employment benefits, then for the 21st Century (112 Stat. 312), relating to of California, is approximately 8,000 feet deep the Commission or its administrative support Alaska, is amended by inserting ‘‘and construct and is situated in a unique physical setting that service provider shall establish appropriate al- capital improvements to intermodal marine is ideal for carrying out certain types of particle ternative employment benefits for the Director. freight and passenger facilities and access there- physics and other research; The Commission’s determination shall be irrev- to’’ before ‘‘in Anchorage’’. (4) the Mine has been selected by the National ocable with respect to each individual appointed SEC. 114. Of the funds made available in H.R. Underground Science Laboratory Committee, an as Director, and the Commission shall notify the 2299, the Fiscal Year 2002 Department of Trans- independent panel of distinguished scientists, as Office of Personnel Management and the De- portation and Related Agencies Appropriations the preferred site for the construction of the Na- partment of Labor of its determination. Not- Act, of funds made available for the Transpor- tional Underground Science Laboratory; withstanding the Commission’s determination, tation and Community and System Preservation (5) such a laboratory would be used to con- the Director’s service is deemed to be Federal Program, $300,000 shall be for the US–61 Wood- duct scientific research that would be funded service for purposes of section 8501 of title 5, ville widening project in Mississippi and, of and recognized as significant by the United United States Code. funds made available for the Interstate Mainte- States; ‘‘(B) DETAILEE SERVING AS DIRECTOR.—Sub- nance program, $5,000,000 shall be for the City (6) the establishment of the laboratory is in paragraph (A) shall not apply to a detailee who of Renton/Port Quendall, WA project. the national interest, and would substantially is serving as Director. SEC. 115. Section 652(c)(1) of Public Law 107– improve the capability of the United States to ‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL 67 is amended by striking ‘‘Section 414(c)’’ and conduct important scientific research; PERSONNEL.—A person appointed to the Commis- inserting ‘‘Section 416(c)’’. (7) for economic reasons, Homestake intends sion staff under subsection (b)(2) is deemed to be DEPARTMENT OF HOUSING AND URBAN to cease operations at the Mine in 2001; an employee as that term is defined by section DEVELOPMENT (8) on cessation of operations of the Mine, 2105 of title 5, United States Code, for purposes Homestake intends to implement reclamation ac- PUBLIC AND INDIAN HOUSING of chapters 63, 83, 84, 87, 89, and 90 of that title, tions that would preclude the establishment of a and is deemed to be an employee for purposes of HOUSING CERTIFICATE FUND laboratory at the Mine; chapter 81 of that title.’’. SEC. 116. Of the amounts made available (9) Homestake has advised the State that, (b) The amendments made by this section under both this heading and the heading ‘‘Sala- after cessation of operations at the Mine, in- shall take effect as if included in the enactment ries and Expenses’’ in title II of Public Law 107– stead of closing the entire Mine, Homestake is of the Legislative Branch Appropriations Act, 73, not to exceed $20,000,000 shall be for the rec- willing to donate the underground portion of 2002 (Public Law 107–68). ordation and liquidation of obligations and defi- the Mine and certain other real and personal SEC. 110. (a) Section 133(a) of the Legislative ciencies incurred in prior years in connection property of substantial value at the Mine for Branch Appropriations Act, 2001 (Public Law with the provision of technical assistance au- use as the National Underground Science Lab- 107–68) is amended— thorized under section 514 of the Multifamily oratory; (1) by striking ‘‘90-day’’ in paragraph (1) and Assisted Housing Reform and Affordability Act (10) use of the Mine as the site for the labora- inserting ‘‘180-day’’, and of 1997 (‘‘section 514’’), and for new obligations tory, instead of other locations under consider- (2) by striking ‘‘90 days’’ in paragraph (2)(C) for such technical assistance: Provided, That of ation, would result in a savings of millions of and inserting ‘‘180 days’’. the total amount provided under this heading, dollars for the Federal Government; (b) The amendments made by subsection (a) not less than $2,000,000 shall be made available (11) if the Mine is selected as the site for the shall take effect as if included in the enactment from salaries and expenses allocated to the Of- laboratory, it is essential that closure of the of the Legislative Branch Appropriations Act, fice of General Counsel and the Office of Multi- Mine not preclude the location of the laboratory 2001 (Public Law 107–68). family Housing Assistance Restructuring in the at the Mine; SEC. 111. (a) Notwithstanding any other provi- Department of Housing and Urban Develop- (12) Homestake is unwilling to donate, and sion of law, of the funds authorized under sec- ment: Provided further, That of the total the State is unwilling to accept, the property at tion 110 of title 23, United States Code, for fiscal amount provided under this heading, no more the Mine for the laboratory if Homestake and year 2002, $29,542,304 shall be set aside for the than $10,000,000 shall be made available for new the State would continue to have potential li- project as authorized under title IV of the Na- obligations for technical assistance under sec- ability with respect to the transferred property; tional Highway System Designation Act of 1995, tion 514: Provided further, That from amounts and as amended: Provided, That, if funds authorized made available under this heading, the Inspec- (13) to secure the use of the Mine as the loca- under these provisions have been distributed tor General of the Department of Housing and tion for the laboratory, and to realize the bene- then the amount so specified shall be recalled Urban Development (‘‘HUD Inspector General’’) fits of the proposed laboratory, it is necessary proportionally from those funds distributed to shall audit each provision of technical assist- for the United States to— the States under section 110(b)(4)(A) and (B) of ance obligated under the requirements of section (A) assume a portion of any potential future title 23, United States Code. 514 over the last 4 years: Provided further, That, liability of Homestake concerning the Mine; and (b) Notwithstanding any other provision of to the extent the HUD Inspector General deter- (B) address potential liability associated with law, for fiscal year 2002, funds available for en- mines that the use of any funding for technical the operation of the laboratory.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.006 pfrm01 PsN: S10PT1 S12810 CONGRESSIONAL RECORD — SENATE December 10, 2001 SEC. 103. DEFINITIONS. the costs of 1 or more projects that are carried (i) review the report; and In this title: out or proposed to be carried out at the labora- (ii) notify the State in writing of acceptance (1) ADMINISTRATOR.—The term ‘‘Adminis- tory. or rejection of the final report. trator’’ means the Administrator of the Environ- CIENTIFIC ADVISORY BOARD (12) S .—The term (B) CONDITIONS FOR REJECTION.—The Admin- mental Protection Agency. ‘‘Scientific Advisory Board’’ means the entity istrator may reject the final report only if the (2) AFFILIATE.— designated in the management plan of the lab- Administrator identifies 1 or more conditions of (A) IN GENERAL.—The term ‘‘affiliate’’ means oratory to provide scientific oversight for the op- the Mine that— any corporation or other person that controls, is eration of the laboratory. (i) may present an imminent and substantial controlled by, or is under common control with (13) STATE.— Homestake. (A) IN GENERAL.—The term ‘‘State’’ means the endangerment to the public health or the envi- (B) INCLUSIONS.—The term ‘‘affiliate’’ in- State of South Dakota. ronment, as determined by the Administrator; cludes a director, officer, or employee of an af- (B) INCLUSIONS.—The term ‘‘State’’ includes and filiate. an institution, agency, officer, or employee of (ii) require response action to correct each (3) CONVEYANCE.—The term ‘‘conveyance’’ the State. condition that may present an imminent and means the conveyance of the Mine to the State SEC. 104. CONVEYANCE OF REAL PROPERTY. substantial endangerment to the public health under section 104(a). (a) IN GENERAL.— or the environment identified under clause (i) (4) FUND.—The term ‘‘Fund’’ means the Envi- (1) DELIVERY OF DOCUMENTS.—Subject to before conveyance and assumption by the Fed- ronment and Project Trust Fund established paragraph (2) and subsection (b) and notwith- eral Government of liability concerning the under section 108. standing any other provision of law, on the exe- Mine under this title. (5) HOMESTAKE.— cution and delivery by Homestake of 1 or more (C) RESPONSE ACTIONS AND CERTIFICATION.— (A) IN GENERAL.—The term ‘‘Homestake’’ quit-claim deeds or bills of sale conveying to the (i) RESPONSE ACTIONS.— means the Homestake Mining Company of Cali- State all right, title, and interest of Homestake (I) IN GENERAL.—If the Administrator rejects fornia, a California corporation. in and to the Mine, title to the Mine shall pass the final report, Homestake may carry out or (B) INCLUSION.—The term ‘‘Homestake’’ in- from Homestake to the State. bear the cost of, or permit the State or another cludes— (2) CONDITION OF MINE ON CONVEYANCE.—The person to carry out or bear the cost of, such re- (i) a director, officer, or employee of Mine shall be conveyed as is, with no represen- Homestake; sponse actions as are necessary to correct any tations as to the condition of the property. condition identified by the Administrator under (ii) an affiliate of Homestake; and (b) REQUIREMENTS FOR CONVEYANCE.— subparagraph (B)(i) that may present an immi- (iii) any successor of Homestake or successor (1) IN GENERAL.—As a condition precedent of nent and substantial endangerment to public to the interest of Homestake in the Mine. conveyance and of the assumption of liability by health or the environment. (6) INDEPENDENT ENTITY.—The term ‘‘inde- the United States in accordance with this title, pendent entity’’ means an independent entity the Administrator shall accept the final report (II) LONG-TERM RESPONSE ACTIONS.— selected jointly by Homestake, the South Dakota of the independent entity under paragraph (3). (aa) IN GENERAL.—In a case in which the Ad- Department of Environment and Natural Re- (2) DUE DILIGENCE INSPECTION.— ministrator determines that a condition identi- sources, and the Administrator— (A) IN GENERAL.—As a condition precedent of fied by the Administrator under subparagraph (A) to conduct a due diligence inspection conveyance and of Federal participation de- (B)(i) requires continuing response action, or re- under section 104(b)(2)(A); and scribed in this title, Homestake shall permit an sponse action that can be completed only as (B) to determine the fair value of the Mine independent entity to conduct a due diligence part of the final closure of the laboratory, it under section 105(a). inspection of the Mine to determine whether any shall be a condition of conveyance that (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ condition of the Mine may present an imminent Homestake, the State, or another person deposit has the meaning given the term in section 4 of and substantial endangerment to public health into the Fund such amount as is estimated by the Indian Self-Determination and Education or the environment. the independent entity, on a net present value Assistance Act (25 U.S.C. 450b). (B) CONSULTATION.—As a condition precedent basis and after taking into account estimated (8) LABORATORY.— of the conduct of a due diligence inspection, interest on that basis, to be sufficient to pay the (A) IN GENERAL.—The term ‘‘laboratory’’ Homestake, the South Dakota Department of costs of the long-term response action or the re- means the national underground science labora- Environment and Natural Resources, the Ad- sponse action that will be completed as part of tory proposed to be established at the Mine after ministrator, and the independent entity shall the final closure of the laboratory. the conveyance. consult and agree upon the methodology and (bb) LIMITATION ON USE OF FUNDS.—None of (B) INCLUSION.—The term ‘‘laboratory’’ in- standards to be used, and other factors to be the funds deposited into the Fund under item cludes operating and support facilities of the considered, by the independent entity in— (aa) shall be expended for any purpose other laboratory. (i) the conduct of the due diligence inspection; than to pay the costs of the long-term response (9) MINE.— (ii) the scope of the due diligence inspection; action, or the response action that will be com- (A) IN GENERAL.—The term ‘‘Mine’’ means the and pleted as part of the final closure of the Mine, portion of the Homestake Mine in Lawrence (iii) the time and duration of the due diligence identified under that item. County, South Dakota, proposed to be conveyed inspection. to the State for the establishment and operation (3) REPORT TO THE ADMINISTRATOR.— (ii) CONTRIBUTION BY HOMESTAKE.—The total of the laboratory. (A) IN GENERAL.—The independent entity amount that Homestake may expend, pay, or de- (B) INCLUSIONS.—The term ‘‘Mine’’ includes— shall submit to the Administrator a report that— posit into the Fund under subclauses (I) and (i) real property, mineral and oil and gas (i) describes the results of the due diligence in- (II) of clause (i) shall not exceed— rights, shafts, tunnels, structures, backfill, bro- spection under paragraph (2); and (I) $75,000,000; less ken rock, fixtures, facilities, and personal prop- (ii) identifies any condition of or in the Mine (II) the fair value of the Mine as determined erty to be conveyed for establishment and oper- that may present an imminent and substantial under section 105(a). ation of the laboratory, as agreed upon by endangerment to public health or the environ- (iii) CERTIFICATION.— Homestake and the State; and ment. (I) IN GENERAL.—After any response actions (ii) any water that flows into the Mine from (B) PROCEDURE.— described in clause (i)(I) are carried out and any source. (i) DRAFT REPORT.—Before finalizing the re- any required funds are deposited under clause (C) EXCLUSIONS.—The term ‘‘Mine’’ does not port under this paragraph, the independent en- (i)(II), the independent entity may certify to the include— tity shall— (i) the feature known as the ‘‘Open Cut’’; (I) issue a draft report; Administrator that the conditions for rejection (ii) any tailings or tailings storage facility (II) submit to the Administrator, Homestake, identified by the Administrator under subpara- (other than backfill in the portion of the Mine and the State a copy of the draft report; graph (B) have been corrected. described in subparagraph (A)); or (III) issue a public notice requesting comments (II) ACCEPTANCE OR REJECTION OF CERTIFI- (iii) any waste rock or any site used for the on the draft report that requires all such com- CATION.—Not later than 60 days after an inde- dumping of waste rock (other than broken rock ments to be filed not later than 45 days after pendent entity makes a certification under sub- in the portion of the Mine described in subpara- issuance of the public notice; and clause (I), the Administrator shall accept or re- graph (A)). (IV) during that 45-day public comment pe- ject the certification. (10) PERSON.—The term ‘‘person’’ means— riod, conduct at least 1 public hearing in Lead, (c) REVIEW OF CONVEYANCE.—For the pur- (A) an individual; South Dakota, to receive comments on the draft poses of the conveyance, the requirements of (B) a trust, firm, joint stock company, cor- report. this section shall be considered to be sufficient poration (including a government corporation), (ii) FINAL REPORT.—In the final report sub- to meet any requirement of the National Envi- partnership, association, limited liability committed to the Administrator under this para- ronmental Policy Act of 1969 (42 U.S.C. 4321 et pany, or any other type of business entity; graph, the independent entity shall respond to, seq.). (C) a State or political subdivision of a State; and incorporate necessary changes suggested SEC. 105. ASSESSMENT OF PROPERTY. (D) a foreign governmental entity; by, the comments received on the draft report. (E) an Indian tribe; and (4) REVIEW AND APPROVAL BY ADMINIS- (a) VALUATION OF PROPERTY.—The inde- (F) any department, agency, or instrumen- TRATOR.— pendent entity shall assess the fair value of the tality of the United States. (A) IN GENERAL.—Not later than 60 days after Mine. (11) PROJECT SPONSOR.—The term ‘‘project receiving the final report under paragraph (3), (b) FAIR VALUE.—For the purposes of this sec- sponsor’’ means an entity that manages or pays the Administrator shall— tion, the fair value of the Mine shall include the

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.006 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12811

estimated cost, as determined by the inde- pleted and with respect to such portion of the (1) IN GENERAL.—The State, in consultation pendent entity under subsection (a), of replac- Mine as is conveyed under that transaction. with the Administrator and the Scientific Advi- ing the shafts, winzes, hoists, tunnels, ventila- (f) EXCEPTIONS FOR HOMESTAKE CLAIMS.— sory Board, may require, as a condition of ap- tion system, and other equipment and improve- Nothing in this section constitutes an assump- proval of a project for the laboratory, that a ments at the Mine that are expected to be used tion of liability by the United States, or relief of project sponsor provide property and liability at, or that will be useful to, the laboratory. liability of Homestake, for— insurance or other applicable coverage for po- (c) REPORT.—Not later than the date on (1) any unemployment, worker’s compensa- tential liability associated with the project de- which each report developed in accordance with tion, or other employment-related claim or cause scribed in subsections (a) and (b) of section 106. section 104(b)(3) is submitted to the Adminis- of action of an employee of Homestake that (2) ADDITIONAL INSURED.—Any insurance ob- trator, the independent entity described in sub- arose before the date of conveyance; tained by the project sponsor under this section section (a) shall submit to the State a report (2) any claim or cause of action that arose be- shall— that identifies the fair value assessed under sub- fore the date of conveyance, other than an envi- (A) name the State and the United States as section (a). ronmental claim or a claim concerning natural additional insureds; or SEC. 106. LIABILITY. resources; (B) otherwise provide that the State and the United States are beneficiaries of the insurance (a) ASSUMPTION OF LIABILITY.— (3) any violation of any provision of criminal policy having the primary right to enforce all (1) ASSUMPTION.—Subject to paragraph (2), law; or notwithstanding any other provision of law, on (4) any claim, injury, damage, liability, or rec- rights under the policy. (c) STATE INSURANCE.— completion of the conveyance in accordance lamation or cleanup obligation with respect to (1) IN GENERAL.—To the extent required by with this title, the United States shall assume any property or asset that is not conveyed under this title, except to the extent that any State law, the State shall purchase, with respect any and all liability relating to the Mine and to the operation of the Mine and the labora- laboratory, including liability for— such claim, injury, damage, liability, or reclamation or cleanup obligation arises out of the tory— (A) damages; (A) unemployment compensation insurance; (B) reclamation; continued existence or use of the Mine subsequent to the date of conveyance. and (C) the costs of response to any hazardous (B) worker’s compensation insurance. substance (as defined in section 101 of the Com- SEC. 107. INSURANCE COVERAGE. (2) PROHIBITION ON USE OF FUNDS FROM prehensive Environmental Response, Compensa- (a) PROPERTY AND LIABILITY INSURANCE.— FUND.—A State shall not use funds from the tion, and Liability Act of 1980 (42 U.S.C. 9601)), (1) IN GENERAL.—To the extent property and Fund to carry out paragraph (1). contaminant, or other material on, under, or reliability insurance is available and subject to SEC. 108. ENVIRONMENT AND PROJECT TRUST lating to the Mine and laboratory; and the requirements described in paragraph (2), the FUND. (D) closure of the Mine and laboratory. State shall purchase property and liability in- (a) ESTABLISHMENT.—On completion of the (2) CLAIMS AGAINST UNITED STATES.—In the surance for the Mine and the operation of the conveyance, the State shall establish, in an in- case of any claim brought against the United laboratory to provide coverage against the li- terest-bearing account at an accredited finan- States, the United States shall be liable for— ability described in subsections (a) and (b) of cial institution located within the State, the En- (A) damages under paragraph (1)(A), only to section 106. vironment and Project Trust Fund. the extent that an award of damages is made in (2) REQUIREMENTS.—The requirements re- (b) AMOUNTS.—The Fund shall consist of— a civil action brought under chapter 171 of title ferred to in paragraph (1) are the following: (1) an annual deposit from the operation and 28, United States Code; and (A) TERMS OF INSURANCE.—In determining the maintenance funding provided for the labora- (B) response costs under paragraph (1)(C), type, extent of coverage, and policy limits of in- tory in an amount to be determined— only to the extent that an award of response surance purchased under this subsection, the (A) by the State, in consultation with the Ad- costs is made in a civil action brought under— State shall— ministrator and the Scientific Advisory Board; (i) the Federal Water Pollution Control Act (i) periodically consult with the Administrator and (33 U.S.C. 1251 et seq.); and the Scientific Advisory Board; and (B) after taking into consideration— (ii) the Solid Waste Disposal Act (42 U.S.C. (ii) consider certain factors, including— (i) the nature of the projects and experiments 6901 et seq.); (I) the nature of the projects and experiments being conducted at the laboratory; (iii) the Comprehensive Environmental Re- being conducted in the laboratory; (ii) available amounts in the Fund; sponse, Compensation, and Liability Act of 1980 (II) the availability and cost of commercial in- (iii) any pending costs or claims that may be (42 U.S.C. 9601 et seq.); or surance; and required to be paid out of the Fund; and (iv) any other applicable Federal environ- (III) the amount of funding available to pur- (iv) the amount of funding required for future mental law, as determined by the Administrator. chase commercial insurance. actions associated with the closure of the facil- (b) LIABILITY PROTECTION.—On completion of (B) ADDITIONAL TERMS.—The insurance pur- ity; the conveyance, neither Homestake nor the chased by the State under this subsection may (2) an amount determined by the State, in State shall be liable to any person or the United provide coverage that is— consultation with the Administrator and the States for injuries, costs, injunctive relief, rec- (i) secondary to the insurance purchased by Scientific Advisory Board, and to be paid by the lamation, damages (including damages to nat- project sponsors; and appropriate project sponsor, for each project to ural resources or the environment), or expenses, (ii) in excess of amounts available in the Fund be conducted, which amount— or liable under any other claim (including to pay any claim. (A) shall be used to pay— (i) costs incurred in removing from the Mine claims for indemnification or contribution, (3) FINANCING OF INSURANCE PURCHASE.— or laboratory equipment or other materials re- claims by third parties for death, personal in- (A) IN GENERAL.—Subject to section 108, the jury, illness, or loss of or damage to property, or State may finance the purchase of insurance related to the project; (ii) claims arising out of or in connection with claims for economic loss), under any law (in- quired under this subsection by using— the project; and cluding a regulation) for any claim arising out (i) funds made available from the Fund; and (iii) if any portion of the amount remains of or in connection with contamination, pollu- (ii) such other funds as are received by the after paying the expenses described in clauses tion, or other condition, use, or closure of the State for the purchase of insurance for the Mine (i) and (ii), other costs described in subsection Mine and laboratory, regardless of when a con- and laboratory. (c); and dition giving rise to the liability originated or (B) NO REQUIREMENT TO USE STATE FUNDS.— (B) may, at the discretion of the State, be as- was discovered. Nothing in this title requires the State to use sessed— (c) INDEMNIFICATION.—Notwithstanding any State funds to purchase insurance required (i) annually; or other provision of law, on completion of the con- under this subsection. (ii) in a lump sum as a prerequisite to the ap- veyance in accordance with this title, the (4) ADDITIONAL INSURED.—Any insurance pur- proval of the project; United States shall indemnify, defend, and hold chased by the State under this subsection (3) interest earned on amounts in the Fund, harmless Homestake and the State from and shall— which amount of interest shall be used only for against— (A) name the United States as an additional a purpose described in subsection (c); and (1) any and all liabilities and claims described insured; or (4) all other funds received and designated by in subsection (a), without regard to any limita- (B) otherwise provide that the United States is the State for deposit in the Fund. tion under subsection (a)(2); and a beneficiary of the insurance policy having the (c) EXPENDITURES FROM FUND.—Amounts in (2) any and all liabilities and claims described primary right to enforce all rights of the United the Fund shall be used only for the purposes of in subsection (b). States under the policy. funding— (d) WAIVER OF SOVEREIGN IMMUNITY.—For (5) TERMINATION OF OBLIGATION TO PURCHASE (1) waste and hazardous substance removal or purposes of this Act, the United States waives INSURANCE.—The obligation of the State to pur- remediation, or other environmental cleanup at any claim to sovereign immunity. chase insurance under this subsection shall ter- the Mine; (e) TIMING FOR ASSUMPTION OF LIABILITY.—If minate on the date on which— (2) removal of equipment and material no the conveyance is effectuated by more than 1 (A) the Mine ceases to be used as a labora- longer used, or necessary for use, in conjunction legal transaction, the assumption of liability, li- tory; or with a project conducted at the laboratory; ability protection, indemnification, and waiver (B) sufficient funding ceases to be available (3) a claim arising out of or in connection of sovereign immunity provided for under this for the operation and maintenance of the Mine with the conducting of such a project; section shall apply to each legal transaction, as or laboratory. (4) purchases of insurance by the State as re- of the date on which the transaction is com- (b) PROJECT INSURANCE.— quired under section 107;

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\CR\FM\A10DE6.006 pfrm01 PsN: S10PT1 S12812 CONGRESSIONAL RECORD — SENATE December 10, 2001 (5) payments for and other costs relating to li- (2) by striking the second sentence and insert- sistance under this title only if the parties to the ability described in section 106; and ing the following: transaction— (6) closure of the Mine and laboratory. ‘‘(2) MEMBERSHIP.—The Board shall be com- (1) apply sections 3 and 13 of the labor protec- (d) FEDERAL PAYMENTS FROM FUND.—The posed of— tive provisions imposed by the Civil Aeronautics United States— ‘‘(A) the Secretary of Health and Human Board in the Allegheny-Mohawk merger (as (1) to the extent the United States assumes li- Services; published at 59 CAB 45) to the covered employ- ability under section 106— ‘‘(B) the Librarian of Congress; ees of the air carrier; and (A) shall be a beneficiary of the Fund; and ‘‘(C) the Secretary of State; (2) subject to paragraph (1), in a case in (B) may direct that amounts in the Fund be ‘‘(D) the Chairman of the Commission of Fine which a collective bargaining agreement pro- applied to pay amounts and costs described in Arts; vides for the application of sections 3 and 13 of this section; and ‘‘(E) the Mayor of the District of Columbia; the labor protective provisions in the process of (2) may take action to enforce the right of the ‘‘(F) the Superintendent of Schools of the Dis- seniority integration for the covered employees, United States to receive 1 or more payments trict of Columbia; apply the terms of the collective bargaining from the Fund. ‘‘(G) the Director of the National Park Serv- agreement to the covered employees, and do not (e) NO REQUIREMENT OF DEPOSIT OF PUBLIC ice; abrogate the terms of the agreement. FUNDS.—Nothing in this section requires the ‘‘(H) the Secretary of Education; (d) Any aggrieved person (including any labor State to deposit State funds as a condition of ‘‘(I) the Secretary of the Smithsonian Institu- organization that represents the person) may the assumption by the United States of liability, tion; bring an action to enforce this section, or the or the relief of the State or Homestake from li- ‘‘(J)(i) the Speaker and the Minority Leader terms of any award or agreement resulting from ability, under section 106. of the House of Representatives; arbitration or a settlement relating to the re- SEC. 109. WASTE ROCK MIXING. ‘‘(ii) the chairman and ranking minority mem- quirements of this section. The person may bring After completion of the conveyance, the State ber of the Committee on Public Works and the action in an appropriate Federal district shall obtain the approval of the Administrator Transportation of the House of Representatives; court, determined in accordance with section before disposing of any material quantity of lab- and 1391 of title 28, United States Code, without re- oratory waste rock if— ‘‘(iii) 3 additional Members of the House of gard to the amount in controversy. (1) the disposal site is on land not conveyed Representatives appointed by the Speaker of the f under this title; and House of Representatives; (2) the State determines that the disposal ‘‘(K)(i) the Majority Leader and the Minority UNANIMOUS CONSENT REQUEST— could result in commingling of laboratory waste Leader of the Senate; S. 1214 rock with waste rock disposed of by Homestake ‘‘(ii) the chairman and ranking minority mem- Mr. HARKIN. Madam President, I before the date of conveyance. ber of the Committee on Environment and Pub- lic Works of the Senate; and ask unanimous consent that the major- SEC. 110. REQUIREMENTS FOR OPERATION OF ity leader, following consultation with LABORATORY. ‘‘(iii) 3 additional Members of the Senate appointed by the President of the Senate; and the Republican leader, may proceed to After the conveyance, nothing in this title ex- the consideration of Calendar No. 161, empts the laboratory from compliance with any ‘‘(L) 36 general trustees, who shall be citizens law (including a Federal environmental law). of the United States, to be appointed in accord- S. 1214, the Port, Maritime and Rail Se- ance with subsection (b).’’. SEC. 111. CONTINGENCY. curity Act; that when the measure is (b) TERMS OF OFFICE FOR NEW GENERAL considered, it be under the following This title shall be effective contingent on the TRUSTEES.—Section 2(b) of the John F. Kennedy selection, by the National Science Foundation, limitations: That a managers’ sub- Center Act (20 U.S.C. 76h(b)) shall apply to each stitute amendment be in order; that of the Mine as the site for the laboratory. general trustee of the John F. Kennedy Center SEC. 112. OBLIGATION IN THE EVENT OF NON- for the Performing Arts whose position is estab- the substitute amendment be consid- CONVEYANCE. lished by the amendment made by subsection ered and agreed to and the motion to If the conveyance under this title does not (a)(2) (referred to in this subsection as a ‘‘new reconsider be laid upon the table; that occur, any obligation of Homestake relating to general trustee’’), except that the initial term of the bill, as thus amended, be consid- the Mine shall be limited to such reclamation or office of each new general trustee shall— ered as original text for the purpose of remediation as is required under any applicable (1) commence on the date on which the new further amendment, with no points of law other than this title. general trustee is appointed by the President; order waived by this agreement; that SEC. 113. PAYMENT AND REIMBURSEMENT OF and all first-degree amendments must be COSTS. (2) terminate on September 1, 2007. The United States may seek payment— SEC. 202. (a) The purpose of this section is to transportation-related; that second-de- (1) from the Fund, under section 108(d), to require procedures that ensure the fair and eq- gree amendments must be relevant to pay or reimburse the United States for amounts uitable resolution of labor integration issues, in the first-degree amendment to which it payable or liabilities incurred under this title; order to prevent further disruption to trans- is offered; that upon the disposition of and actions for the combination of air carriers, all amendments, the bill be read the (2) from available insurance, to pay or reim- which would potentially aggravate the disrup- third time and the Senate vote on pas- burse the United States and the Fund for tion caused by the attack on the United States sage of the bill, with no further inter- amounts payable or liabilities incurred under on September 11, 2001. this title. vening action or debate. (b) In this section: Mr. THOMAS. Madam President, I SEC. 114. CONSENT DECREES. (1) The term ‘‘air carrier’’ means an air car- Nothing in this title affects any obligation of rier that holds a certificate issued under chapter object. All the agreements have not a party under— 411 of title 49, United States Code. been made on both sides. (1) the 1990 Remedial Action Consent Decree (2) The term ‘‘covered employee’’ means an The PRESIDING OFFICER. The ob- (Civ. No. 90–5101 D. S.D.); or employee who— jection is heard. (2) the 1999 Natural Resource Damage Con- (A) is not a temporary employee; and Mr. HARKIN. I suggest the absence of sent Decree (Civ. Nos. 97–5078 and 97–5100, D. (B) is a member of a craft or class that is sub- a quorum. S.D.). ject to the Railway Labor Act (45 U.S.C. 151 et The PRESIDING OFFICER. The SEC. 115. CUSTOMS USER FEES. seq.). clerk will call the roll. Section 13031(j)(3) of the Consolidated Omni- (3) The term ‘‘covered transaction’’ means a The legislative clerk proceeded to bus Budget Reconciliation Act of 1985 (19 U.S.C. transaction that— call the roll. 58c(j)(3)) is amended by inserting after ‘‘Sep- (A) is a transaction for the combination of Mr. REID. Madam President, I ask multiple air carriers into a single air carrier; tember 30, 2003,’’ the following: ‘‘except that fees unanimous consent that the order for shall continue to be charged under paragraphs (B) involves the transfer of ownership or control of— the quorum call be rescinded. (1) through (8) of that subsection through Janu- The PRESIDING OFFICER. Without ary 31, 2004.’’. (i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United objection, it is so ordered. SEC. 116. AUTHORIZATION OF APPROPRIATIONS. States Code) of an air carrier; or There are authorized to be appropriated such f (ii) 50 percent or more (by value) of the assets sums as are necessary to carry out this title. of the air carrier; NATIONAL CIVIC PARTICIPATION TITLE II—GENERAL PROVISIONS, THIS (C) became a pending transaction, or was WEEK DIVISION completed, not earlier than January 1, 2001; and Mr. REID. Madam President, I ask SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY (D) did not result in the creation of a single unanimous consent the Senate proceed CENTER FOR THE PERFORMING ARTS. (a) MEM- air carrier by September 11, 2001. to consideration of Calendar No. 242, S. BERSHIP.—Section 2(a) of the John F. Kennedy (c) If an eligible employee is a covered em- Center Act (20 U.S.C. 76h(a)) is amended— ployee of an air carrier involved in a covered Res. 140. (1) by striking ‘‘There is hereby’’ and insert- transaction that leads to the combination of The PRESIDING OFFICER. The ing the following: crafts or classes that are subject to the Railway clerk will report the resolution by ‘‘(1) IN GENERAL.—There is’’; and Labor Act, the eligible employee may receive as- title.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.006 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12813 The legislative clerk read as follows: The legislative clerk read as follows: Mr. REID. Madam President, I ask A resolution (S. Res. 140) designating the A concurrent resolution (S. Con. Res. 91) unanimous consent that the concur- week beginning September 15, 2002, as ‘‘Na- expressing deep gratitude to the government rent resolution be agreed to, the pre- tional Civic Participation Week’’. and the people of the Philippines for their amble be agreed to, the motion to re- There being no objection, the Senate sympathy and support since September 11, consider be laid upon the table, and 2001, and for other purposes. proceeded to consider the resolution. that any statements relating thereto Mr. REID. Madam President, I ask There being no objection, the Senate be printed in the RECORD. unanimous consent that the resolution proceeded to consider the concurrent The PRESIDING OFFICER. Without and preamble be agreed to en bloc, the resolution. objection, it is so ordered. motion to reconsider be laid upon the Mr. REID. Madam President, I ask The concurrent resolution (H. Con. table, and that any statements relating unanimous consent that the concur- Res. 88) was agreed to. thereto be printed in the RECORD. rent resolution be agreed to, the pre- The preamble was agreed to. The PRESIDING OFFICER. Without amble be agreed to, the motion to re- f consider be laid upon the table, and objection, it is so ordered. AMERICAN AIRLINES FLIGHT 587 The resolution (S. Res. 140) was that any statements relating thereto agreed to. be printed in the RECORD. Mr. REID. Madam President, I ask The preamble was agreed to. The PRESIDING OFFICER. Without unanimous consent that the Judiciary (The resolution, with its preamble, objection, it is so ordered. Committee be discharged from further The concurrent resolution (S. Con. will be printed in a future edition of consideration and the Senate proceed Res. 91) was agreed to. to the immediate consideration of S. the RECORD.) The preamble was agreed to. Con. Res. 87. f (The concurrent resolution, with its The PRESIDING OFFICER. Without CONGRATULATING BARRY BONDS preamble, is printed in today’s RECORD objection, it is so ordered. under ‘‘Statements on Submitted Reso- The clerk will report the concurrent Mr. REID. Madam President, I ask lutions.’’) resolution by title. unanimous consent that the Judiciary f Mr. REID. Madam President, the Committee be discharged from consid- matter that I asked be considered is S. CRASH OF AMERICAN AIRLINES eration of S. Res. 178, and the Senate Con. Res. 87. We will withdraw that for FLIGHT 587 proceed to its consideration. the time being and go to another mat- The PRESIDING OFFICER. Without Mr. REID. Madam President, I ask ter. objection, it is so ordered. The clerk unanimous consent the Senate proceed The PRESIDING OFFICER. Without will report the resolution by title. to H. Con. Res. 272, which is at the objection, it is so ordered. The legislative clerk read as follows: desk. f A resolution (S. Res. 178) congratulating The PRESIDING OFFICER. The Barry Bonds on his spectacular record-break- clerk will report the concurrent resolu- RECOGNITION OF FIRST RESPOND- ing season in 2001 and outstanding career in tion by title. ERS IN THE AFTERMATH OF THE Major League Baseball. The legislative clerk read as follows: TERRORIST ATTACKS ON THE There being no objection, the Senate A concurrent resolution (H. Con. Res. 272) WORLD TRADE CENTER AND THE proceeded to consider the resolution. expressing the sense of Congress regarding PENTAGON ON SEPTEMBER 11, 2001 AMENDMENT NO. 2465 the crash of American Airlines Flight 587. Mr. REID. Madam President, Sen- There being no objection, the Senate Mr. REID. Madam President, I ask ators FEINSTEIN and BOXER have an proceeded to consider the concurrent unanimous consent that the Judiciary amendment at the desk. resolution. Committee be discharged from further I ask unanimous consent that the Mr. REID. Madam President, I ask consideration of S. Con. Res. 73, and resolution be agreed to, the amend- unanimous consent that the concur- the Senate proceed to its immediate ment to the preamble be agreed to, the rent resolution be agreed to, the pre- consideration. preamble, as amended, be agreed to, amble be agreed to, the motion to re- The PRESIDING OFFICER. Without the motion to reconsider be laid upon consider be laid upon the table, and objection, it is so ordered. the table, and that any statements re- that any statements relating thereto The clerk will report the concurrent lating thereto be printed in the be printed in the RECORD. resolution by title. RECORD. The PRESIDING OFFICER. Without The legislative clerk read as follows: The PRESIDING OFFICER. Without objection, it is so ordered. A concurrent resolution (S. Con. Res. 73) objection, it is so ordered. The concurrent resolution (H. Con. expressing the profound sorrow of Congress for the deaths and injuries suffered by first The amendment (No. 2465) was agreed Res. 272) was agreed to. The preamble was agreed to. responders as they endeavored to save inno- to, as follows: cent people in the aftermath of the terrorist f AMENDMENT NO. 2465 attacks on the World Trade Center and the Pentagon on September 11, 2001. On page 1, line 9, strike ‘‘3’’ and insert ‘‘an RECOGNIZING THE CONTRIBUTION unprecedented 4’’. OF THE LAO-HMONG IN DEFEND- There being no objection, the Senate The resolution (S. Res. 178) was ING FREEDOM AND DEMOCRACY proceeded to consider the concurrent agreed to. Mr. REID. Madam President, I ask resolution. The preamble, as amended, was unanimous consent that the Senate Mr. REID. Madam President, I ask agreed to. proceed to the immediate consider- unanimous consent that the concurrent resolution be agreed to, the pre- (The resolution with its preamble, ation of Calendar No. 243, H. Con. Res. 88. amble be agreed to, the motion to re- will be printed in a future edition of consider be laid upon the table, and the RECORD.) The PRESIDING OFFICER. The clerk will report the concurrent resolu- any statements relating thereto be f tion by title. printed in the RECORD. The PRESIDING OFFICER. Without EXPRESSING DEEP GRATITUDE TO The legislative clerk read as follows: A concurrent resolution (H. Con. Res. 88) objection, it is so ordered. THE GOVERNMENT AND THE The concurrent resolution (S. Con. PEOPLE OF THE PHILIPPINES expressing the sense of the Congress that the President should issue a proclamation to rec- Res. 73) was agreed to. Mr. REID. Madam President, I ask ognize the contribution of the Lao-Hmong in The preamble was agreed to. unanimous consent the Senate proceed defending freedom and democracy and sup- The concurrent resolution, with its to the consideration of S. Con. Res. 91, porting the goals of Lao-Hmong Recognition preamble, reads as follows: which was introduced earlier today. Day. S. CON. RES. 73 The PRESIDING OFFICER. The There being no objection, the Senate Whereas law enforcement officers, fire- clerk will report the resolution by proceeded to consider the concurrent fighters, and emergency medical personnel title. resolution. are collectively known as first responders;

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G10DE6.042 pfrm01 PsN: S10PT1 S12814 CONGRESSIONAL RECORD — SENATE December 10, 2001 Whereas following the terrorist attacks on (5) encourages all levels of government to Whereas many Rockaway residents, ignor- the World Trade Center and the Pentagon on continue to work together to effectively co- ing the risks of being harmed by fire or other September 11, 2001, first responders reacted ordinate emergency preparedness by pro- hazards at the site of the plane crash, rushed immediately in evacuating and rescuing in- viding the infrastructure, funding, and inter- to the site in an effort to help; nocent people from the buildings; agency communication and cooperation nec- Whereas the people of Rockaway have Whereas first responders also arrived essary to ensure that if an attack occurs, served as an inspiration through their resil- quickly at the crash site of United Airlines first responders will be as prepared as pos- ience in the face of adversity and their faith flight 93 in southwestern Pennsylvania; sible to respond effectively. in and practice of community; and Whereas if it were not for the heroic efforts Mr. REID. Madam President, I sug- Whereas the professional emergency per- of first responders immediately after the ter- gest the absence of a quorum. sonnel of New York on the ground at the rorist attacks, numerous additional casual- crash site performed emergency services val- ties would have resulted from the attacks; The PRESIDING OFFICER. The iantly, thereby limiting the devastation of Whereas as the first emergency personnel clerk will call the roll. this tragedy: Now, therefore, be it to arrive at the scenes of the terrorist at- The assistant legislative clerk pro- Resolved by the Senate (the House of Rep- tacks, first responders risked their lives in ceeded to call the roll. resentatives concurring), their efforts to save others; Mr. REID. Madam President, I ask SECTION 1. SENSE OF CONGRESS. Whereas while first responders were brave- unanimous consent that the order for The Congress— ly conducting the evacuation and rescue (1) sends its heartfelt condolences to the after the terrorist attacks on the World the quorum call be rescinded. families, friends, and loved ones of the vic- Trade Center, the 2 towers of that complex The PRESIDING OFFICER. Without tims of the crash of American Airlines collapsed, and many first responders them- objection, it is so ordered. Flight 587 on November 12, 2001; selves became victims of the attacks; f (2) sends its sympathies to the people of Whereas the everyday well-being, security, the Dominican Republic and to the Domini- and safety of Americans depend upon the of- AMERICAN AIRLINES FLIGHT 587 can community in the City of New York who ficial duties of first responders; Mr. REID. Madam President, I ask have been so tragically affected by the loss Whereas in addition to their official duties, unanimous consent that the Judiciary of loved ones aboard that flight; first responders around the Nation partici- Committee be discharged from further pate in planning, training, and exercises to (3) sends its sympathies to the people of respond to terrorist attacks; consideration of S. Con. Res. 87, and the Rockaway community who have suffered Whereas emergency managers, public the Senate proceed to its immediate immense personal loss as a combined result health officials, and medical care providers consideration. of the crash on November 12, 2001, and the also invest significant time in planning, The PRESIDING OFFICER. Without terrorist attacks on the World Trade Center training, and exercises to better respond to objection, it is so ordered. The clerk on September 11, 2001; and terrorist attacks in the United States; (4) commends the heroic actions of the res- will report the concurrent resolution cue workers, volunteers, and State and local Whereas the Nation has not forgotten the by title. heroic efforts of first responders after the officials of New York who responded to these bombing of the World Trade Center on Feb- The legislative clerk read as follows: tragic events with courage, determination, ruary 26, 1993, and the bombing of the Alfred A concurrent resolution (S. Con. Res. 87) and skill. P. Murrah Federal Building in Oklahoma expressing the sense of Congress regarding SEC. 2. TRANSMISSION OF THE ENROLLED RESO- City, Oklahoma, on April 19, 1995; the crash of American Airlines Flight 587. LUTION. Whereas there are numerous Federal pro- There being no objection, the Senate The Secretary of the Senate shall transmit grams that help prepare first responders proceeded to consider the concurrent an enrolled copy of this resolution to the President of the Dominican Republic and to from across the Nation, including the Do- resolution. mestic Preparedness Program and other the Mayor of New York City. Mr. REID. Madam President, I ask training and exercise programs administered f by the Department of Justice; unanimous consent that the concur- Whereas there are also domestic prepared- rent resolution and preamble be agreed ORDERS FOR TUESDAY, ness programs administered by the Federal to en bloc, the motion to reconsider be DECEMBER 11, 2001 Emergency Management Agency, which to- laid on the table, and any statements Mr. REID. Madam President, I ask gether with the programs of the Department relating thereto be printed in the of Justice support State and local first re- unanimous consent that when the Sen- RECORD. sponders with funding, training, equipment ate completes its business today, it ad- acquisition, technical assistance, exercise The PRESIDING OFFICER. Without journ until the hour of 9:30 a.m., Tues- planning, and execution; objection, it is so ordered. day, December 11; that immediately Whereas many of the first responders who The concurrent resolution (S. Con. following the prayer and pledge, the participate in such programs do so on their Res. 87) was agreed to. Journal of proceedings be approved to own time; The preamble was agreed to. date, the morning hour be deemed ex- Whereas an effective response of local first The concurrent resolution, with its pired, the time for the two leaders be responders to a terrorist attack saves lives; preamble, reads as follows: and reserved for their use later in the day, Whereas in response to a terrorist attack, S. CON. RES. 87 and the Senate proceed to executive first responders are exposed to a high risk of Whereas American Airlines Flight 587 en session; further, that the Senate recess bodily harm and death as the first line of de- route from John F. Kennedy Airport in from 12:30 to 2:15 p.m. for the weekly fense of the United States in managing the Queens County, New York to Santo Do- party conferences. aftermath of the attack: Now, therefore, be mingo, Dominican Republic crashed on the The PRESIDING OFFICER. Without it Rockaway Peninsula in Queens County, New Resolved by the Senate (the House of Rep- York on November 12, 2001; objection, it is so ordered. resentatives concurring), That Congress— Whereas the crash resulted in the tragic f (1) expresses its profound sorrow for the loss of life by an estimated at 266 persons, in- deaths and injuries suffered by first respond- cluding passengers, crew members, and peo- PROGRAM ers as they endeavored to save innocent people on the ground; Mr. REID. Madam President, at 9:30 ple in the aftermath of the terrorist attacks Whereas New York City has strong cul- tomorrow the Senate will conduct on the World Trade Center and the Pentagon tural, familial, and historic ties to the Do- three rollcall votes on judicial nomina- on September 11, 2001; minican Republic; tions. Following these votes Senator (2) expresses its deepest sympathies to the Whereas many of the passengers were of families and loved ones of the fallen first re- Dominican origin residing in the Washington HARKIN will proceed, along with Sen- sponders; Heights community, a vibrant neighborhood ator LUGAR, to manage consideration (3) honors and commends the first respond- that is an integral part of our national cul- of the farm bill. ers who participated in evacuating and res- tural mosaic; f cuing the innocent people in the World Trade Whereas the Rockaway community has al- Center and the Pentagon after the terrorist ready suffered greatly as a result of the ter- ADJOURNMENT UNTIL 9:30 A.M. attacks; rorist attacks on the World Trade Center in TOMORROW (4) encourages the President to issue a New York City on September 11, 2001, as the Mr. REID. Madam President, if there proclamation calling upon the people of the Rockaway community has long been home to United States to pay respect to the first re- one of the highest concentrations of the fire- is no further business to come before sponder community for their service in the fighters of New York City, many of whom the Senate, I now ask unanimous con- aftermath of the terrorist attacks and their lost their lives responding to those attacks sent that the Senate stand in adjourn- continuing efforts to save lives; and on the World Trade Center; ment under the previous order.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.035 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — SENATE S12815 There being no objection, the Senate, NOMINATIONS DEPARTMENT OF JUSTICE at 5:42 p.m., adjourned until Tuesday, CHRISTOPHER JAMES CHRISTIE, OF NEW JERSEY, TO Executive nomination received by December 11, 2001, at 9:30 a.m. BE UNITED STATES ATTORNEY FOR THE DISTRICT OF the Senate December 10, 2001: NEW JERSEY FOR THE TERM OF FOUR YEARS, VICE FAITH S. HOCHBERG, RESIGNED.

VerDate 10-DEC-2001 01:48 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 9801 E:\CR\FM\G10DE6.049 pfrm01 PsN: S10PT1 December 10, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2243 EXTENSIONS OF REMARKS

CONGRESSIONAL IMMIGRATION lasted for approximately 3 and a half years. We also need to exploit technology to help REFORM CAUCUS HEARING During this assignment I decided to conduct us to track aliens entering and departing the a study on the individuals who were arrested United States. We need to also use this tech- by the DEA by reviewing DEA arrest records. nology to help prevent aliens and other HON. THOMAS G. TANCREDO We determined that approximately 60 per- criminals from creating multiple identities OF COLORADO cent of the individuals arrested by DEA and for themselves, further complicating the law IN THE HOUSE OF REPRESENTATIVES the DEA Task Force were identified as being enforcement efforts of the INS as well as ‘‘foreign born.’’ Nation-wide approximately other law enforcement organizations. Monday, December 10, 2001 30 percent were identified as ‘‘foreign born.’’ We have heard calls recently for the imple- For the 3 years that I tracked these statis- Mr. TANCREDO. Mr. Speaker, recently the mentation of a student tracking system. We tics, there were only slight variations on the Congressional Immigration Reform Caucus have similarly heard calls for the INS to percentages. Although these numbers are held a hearing on INS reform, as well as the keep gabs on non-immigrants who violate now over 10 years old, I imagine that the per- their terms of admission (or immigration connections between immigration policy and centages are probably not much different. terrorism. Our witnesses gave immensely in- In 1991 I was promoted to my current posi- status). I couldn’t agree more with these sightful testimony. I am submitting the state- tion of Senior Special Agent and assigned to goals, however, I would like to know who is ment of Mr. Mike Cutler for the record. the OCDETF Unit (Organized Crime, Drug supposed to do this work? If we simply enter Enforcement Task Force). This assignment this information in a computerized database, TESTIMONY OF MICHAEL CUTLER, INS SENIOR requires that I work with other agencies to we certainly will become aware of violations SPECIAL AGENT investigate, apprehend and prosecute aliens of the Immigration laws, but then what? I Chairman Tancredo, members of the Con- who are involved in narcotics trafficking and presume that the goal of establishing a gress, ladies and gentlemen, I greatly appre- related crimes. tracking system would be done to enable the ciate this opportunity to share my views and The INS is charged with the responsibility INS to remove those aliens who violate their perspectives which I have acquired during of enforcing laws that govern the entry of Immigration status, however, without a my roughly 30 years as an immigration offi- aliens into the United States as well as those cadre of dedicated Special Agents, who will cer. I would like to start out by giving you laws that are involved in the granting of do the job? Currently, according to published an overview of my career with the INS, I will Lawful Permanent Resident Alien status to statistics there are fewer that 2000 Special summarize it for you briefly. aliens and to the bestowing of U.S. citizen- Agents of the INS nation-wide. At the I entered on duty with the INS at New ship on aliens. present time, there are approximately 100 York City in October, 1971, as an Immigra- It is often said that you only get one op- Special Agents to cover the southern half of tion Inspector at JFKIA. I ultimately spent portunity to make a first impression. Gen- the state of New York, including New York 4 years in that assignment conducting in- erally speaking, the first laws that aliens en- City. spections of passengers arriving at that port tering the United States encounter are those Clearly this situation is untenable. We and seeking entry into the United States. laws that the INS is supposed to enforce. need to have many more Special Agents. We During the course of that assignment I was When the INS fails to effectively, consist- also need to have an agency that functions detailed for approximately one year to an ex- ently and fairly enforce these laws, we are effectively. At present, each district office aminations unit known as the I–130 Unit, so- sending a very dangerous message to aliens operates more as a franchise than as a com- named because the applications which we seeking to enter the United States. In effect ponent of a paramilitary organization. While were adjudicating were known as I–130 Peti- we are telling them that not only can they I agree that each office needs to have some tions. These are the petitions that are filed expect to get away with violating our laws, autonomy to take regional variations into by spouses and other relatives who are seek- they can anticipate being rewarded for vio- account, the over-all functioning of the ing to obtain Lawful Permanent Resident lating our laws! agency should stress a direct chain of com- Alien status for their respective spouses, I have come to think of the INS law en- mand from Headquarters to each and every children or other immediate relatives. My forcement program as a tripod. The Border field agent throughout the United States. assignment dealt with the I–130 petitions Patrol is responsible for enforcing the laws Each employee needs to feel that he or she is which were filed by either United States citi- between ports of entry, the Immigration In- within the chain of command to head- zens or LPRs on behalf of their alien spouses. spectors are charged with the responsibility quarters and the level of accountability My goal in this assignment was to seek to of enforcing the laws at ports of entry and should be directly proportionate with the uncover marriage fraud in which the marital the Special Agents are supposed to back up level that the employ works at. That is to relationship exists only for the purpose of both of the other two divisions. Each of say, the higher up the chain of command, the providing the alien beneficiary with LPR these components of the enforcement pro- status. gram, in my opinion, need to be emphasized more accountable the employee needs to be. In 1975 I became a Criminal Investigator equally. Just as a camera’s tripod needs to Issues of morale and attrition rates which or, as it is now known, a Special Agent. I have three legs of equal length, the enforce- have been, in my experience, virtually ig- have remained a Special Agent with the INS ment tripod needs to rest equally on each of nored, can no longer be ignored. A consider- since August of 1975. I have rotated through its three legs. If you shorten one of the legs able sum of money is spent on recruiting and just about every squad within the Investiga- on your camera’s tripod, it falls over. This is training each law enforcement officer of the tions Branch of the INS at NYC during my the reality of the INS enforcement program. INS. Special Agents require several years tenure as a Special Agent. I spent several It seems that each time the call goes out to from the time they are hired to the time years, in the aggregate assigned to the tighten up on the enforcement of the immi- when they are truly ‘‘up to speed’’ and pos- Frauds Unit in which I was responsible to gration laws, the typical response is to hire sess the skills and abilities that they need to uncover a variety of fraud crimes involving more border patrol agents. I am a great fan do their difficult and complex jobs. However, INS issues, from fraud schemes carried out of the Border Patrol, they do dangerous and for many reasons, highly qualified agents with the ultimate goal of obtaining LPR sta- difficult work, however, if we do not also often leave the INS shortly after they com- tus and/or U.S. citizenship, to the use of boost resources allocated to the interior en- plete their training at the Academy. This re- fraudulent identity documents to otherwise forcement mission, the entire enforcement volving door is not cost effective and helps circumvent the laws enforced by the INS. program becomes ineffective. Aliens who are to erode morale and efficiency in those of- In 1988 I was assigned to the Unified Intel- illegally in the United States don’t only fices which suffer from high attrition rates. ligence Division of the New York office of come to this country by running the border. It would seem that when Special Agents re- the Drug Enforcement Administration. In Often, they obtain visas under assumed iden- sign they should be given formal exit inter- this assignment I was responsible to work tities or violate the terms under which they views to identify the issues which caused cooperatively with members of the DEA and were admitted after they enter the United them to leave. To my knowledge, this is not other law enforcement personnel and ana- States. As we have seen with the terrorists, being done. Often the agents who leave go on lysts from a wide variety of other agencies most of them, from what I have read, appear to other agencies where many of them de- including members of the NYPD, New York to have entered the United States with visas velop successful careers. State Police, U.S. Customs Service, Internal that were issued by the State Department The role of the Special Agents is vital. Revenue Service, Federal Bureau of Inves- and then engaged in their treacherous mis- When our nation was attacked on September tigation, Royal Canadian Mounted Police sions. The task of tracking down such aliens 11, 2001, the danger posed by terrorists be- and British Customs. My assignment here is purely the domain of the Special Agents. came all too clear, however, various criminal

∑ 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.

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10DE8.000 pfrm02 PsN: E10PT1 E2244 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2001 organizations over the years have also ex- Americans. His essay, ‘‘America’s Heroes’’, siderable energies and resources to making acted their toll from our nation and our peo- was written in honor of Veteran’s Day on No- Bellevue’s facility the finest available. In her ple. Go back to that statistic I quoted ear- vember 11th. I would like to thank Philip for honor, Bellevue is naming the new center, the lier. Sixty percent of all people arrested in sharing his thoughts with me. His words in- Rita J. Kaplan Breast Imaging Center. New York City by the DEA and the DEA As a child, Ms. Kaplan wanted to be a doc- Task Force were identified as being foreign spire us to show appreciation for the freedoms born. Over the years, how many people may we enjoy but often take for granted. tor, but while in college at the University of Wisconsin, she turned to a career in social have lost their lives or suffered terribly at AMERICA’S HEROES the hands of narcotics traffickers? What of work. She continued on with her education, re- (By Philip Aldridge) the impact of other criminal aliens? We have ceiving a master’s degree in social work form seen the rise of ethic organized crime Have you ever stopped and thought about Columbia University. She was trained as a throughout or nation. How many more peo- how nice it is to live in America? More often clinical social worker and received advance than not, our society takes the hard-earned ple have fallen victim to these criminals? training at the Ackerman Institute, in family The most effective way of dealing with these freedoms that have been bestowed upon us for granted. These rights and freedoms upon therapy. criminals is to beef up the interior enforce- In the early 1980s, she and her husband, ment program of the INS. Any law enforce- which our country was built have been chal- ment agency has two primary goals. Goal lenged many times and yet we still stand Stanley H. Kaplan, donated a fund to found one is the detection of crime and the success- strong and united. For this we can recognize the Rita J. and Stanley H. Kaplan Comprehen- ful investigation, apprehension and prosecu- all the men and women of America who have sive Cancer Center. They also donated $2 mil- tion of the criminal who commits the crime. fought with great pride and who gave their lion to help establish a new home for the Jew- The second goal is to be a credible deterrent lives for what they so strongly believed in. ish Board of Family and Children’s Services, to those who would violate the laws which These are our veterans. which was named in their honor. fall under the jurisdiction of that law en- Our country enjoys many freedoms not Ms. Kaplan, a life-long crusader and political forcement agency. This goal is directly de- recognized by many. But do you realize that these are what make our nation strong? One activist, is a member of the Board and Execu- pendent on how effectively the agency car- tive Committee of the Jewish Board of Family ries out its first goal. Without an effective of these rights is freedom of religion. Our interior enforcement program, criminal country was inhabited and founded by men and Children’s Services; Chairperson of the aliens are emboldened to attempt to enter and women who unfortunately had religion Management Committee of Jewish Connec- our nation to commit their crimes. They are forced upon them. Religious tolerance, which tions, Divisional Committee of JBFCS; Mem- not deterred by a program that lacks man- means the willingness to accept faith dif- ber of the Management Committee at Kaplan power and leadership. We need to change the ferent from your own, was put into place House; and a Member of the Board of Sutton reality and consequently, the perception. during the birth of our country. Every four years we elect a president. And Place Synagogue where she sits on the Rab- Not only to prevent future terrorist attacks, bi’s Committee. She also sits on various UJA- but to also deter criminal activities of a every four years, people complain about who was elected. If you look at other countries, Federation committees. wide spectrum of criminals who still find Ms. Kaplan served on boards of the Hem- America to be a ‘‘Land of Opportunity’’. the people don’t even choose who their lead- Please understand, I am not opposed to the er is. In most cases, the leader either comes lock Farms Community Association in the Po- lawful entry of aliens who come to the from a line of royalty or he assembles him- conos; the Brooklyn Philharmonic Orchestra; United States to share the ‘‘American self with full power. We the people of Amer- the Madeline Borg Community Services Divi- Dream’’, I only take issue with those who ica, are very fortunate to have a freedom to sional Committee; and the Board of the Sol- come here in violation of law and who end up vote. omon Schecter High School of New York. creating America’s nightmares. Indeed, my The most well-known freedom in our soci- Mr. Speaker, I salute the work of Rita J. ety is freedom of equality. In the Declara- own mother was welcomed by this country Kaplan, and I ask my fellow Members of Con- shortly before the Second World War, ena- tion of Independence, it states that all men are created equal. This means that whether gress to join me in recognizing her contribu- bling her to survive, while her mother, for tions to the New York community and to our whom I am named, perished in the Holo- you’re of a different race or if you’re a male caust. We simply need to know who we are or female, everyone has equal rights. country. Thank you. admitting and having an agency that pos- Any citizen of the United States should be f sesses the resources to not only tracks aliens deeply grateful for these freedoms for which who end up violating their Immigration sta- soldiers have fought and defended. We can EXPRESSING SENSE OF CONGRESS tus, but also has the resources to track them show appreciation for these privileges by IN HONORING THE CREW AND down and ultimately, when appropriate, re- serving our country, respecting its laws, and PASSENGERS OF UNITED AIR- move them from the United States. This ca- honoring America’s heroes and patriots . . . LINES FLIGHT 93 pability is a matter of nothing less than na- our veterans. tional security. f SPEECH OF f IN HONOR OF RITA J. KAPLAN HON. THOMAS G. TANCREDO OF COLORADO ESSAY BY PHILIP ALDRIDGE HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES Wednesday, December 5, 2001 HON. C.L. ‘‘BUTCH’’ OTTER OF NEW YORK OF IDAHO IN THE HOUSE OF REPRESENTATIVES Mr. TANCREDO. Mr. Speaker, I rise in sup- IN THE HOUSE OF REPRESENTATIVES port of H.R. 3248 and wish to fully express my Monday, December 10, 2001 gratitude to the crew of United Flight 93, and Monday, December 10, 2001 Mrs. MALONEY of New York. Mr. Speaker, especially its captain, Jason M. Dahl. It was Mr. OTTER. Mr. Speaker, in the wake of I rise today to pay special tribute to Rita J. with immense sadness that I learned that the September 11th, our view of America has Kaplan, who is the driving force behind the Dahl family and indeed all of Colorado had shifted. It is as if someone cleaned the win- new mammography clinic at Bellevue Hospital been robbed on September 11th of a good dow of our perspective, removing the dirt of in New York City. man and a good father. Mr. Dahl’s family, to cynicism and distrust and allowing us to see Ms. Kaplan is an inspiration to us all. She paraphrase President Lincoln, must feel enor- anew the opportunities that being Americans is a known fighter and victor for important mous pride for having laid such a costly sac- offers us. Suddenly, we have joined together, causes. She fights for what she believes in rifice upon the altar of freedom. united in our resolve to both fight for freedom and never loses her sense of compassion for According to a friend, Dahl learned to fly be- and to appreciate the freedoms we have. others. fore he learned to drive. A neighbor remem- Rather than bickering over petty differences, Ms. Kaplan realized the need for a new clin- bered Dahl’s football and baseball games in we find ourselves more willing to reach out to ic at Bellevue Hospital when a family member the street with neighborhood children and his each other, more aware of the basic truths on was diagnosed with breast cancer. Ms. commitment to his family and his community. which our country was founded, and more Kaplan’s four grandparents, who arrived in the Having read the statements of those who eu- thankful to those who fought and died to en- early 1890’s, had a history of receiving ex- logized him, I cannot help but conclude that sure that we can enjoy freedom. traordinary and caring treatment at Bellevue, the gentleman flying that plane was one of Our renewed sense of patriotism and grate- and she wanted to make sure that today’s America’s best—a great father and husband fulness is expressed through the eyes of our Bellevue patients continue to receive first alike. Since September 11th, America has re- young people. Philip Aldridge, an eighth grad- class care. Recognizing that Bellevue’s mam- discovered the importance of family, and er from Coeur d’Alene, Idaho, reminds us mography clinic needed refurbishment and turned to family members for comfort and un- about how blessed we are to call ourselves new equipment, Ms. Kaplan devoted her con- derstanding. It is no small tragedy that the

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.003 pfrm02 PsN: E10PT1 December 10, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2245 Dahl family does not have this luxury, having deductible, and ensures affordable and avail- phase-out impeded its business interests and been left incomplete on September 11th. able coverage. profits. The case is pending before a closed Most of us saw evil on that day watching The underlying goal today is not only about door NAFTA tribunal with no possibility of con- the pictures of the two planes collide with the helping the economy, and the insurance and sideration or appeal in U.S. courts. World Trade Towers in New York City. Jason reinsurance companies. Victim’s rights should I strenuously object to any proposal that Dahl almost surely saw evil in a different form. not be limited. H.R. 3210, without the Demo- would subjugate the health and safety of He must have seen it in the faces of the hi- cratic substitute amendment, limits the rights American citizens to the profit goals of inter- jackers and known that it was in their hearts. of victims, and leaves who is left accountable national corporations. I strongly believe that The loss of Mr. Dahl and all of the pas- in question. the U.S. should not be allowed to undermine sengers aboard Flight 93 will not be forgot- It’s true; the insurance industry faces a the health, safety, and environment laws of ten—certainly not by this body. This morning, rough road ahead. It’s true that this industry is other countries either. I have opposed efforts we passed a resolution calling for a plaque to essential to America’s economy. While I do by U.S. trade negotiators who have acted on be placed on the grounds of the Capitol me- agree with the underlying concept of pro- behalf of special interest groups to challenge morializing their deaths. I would suggest that tecting the insurance industry, I could not vote foreign laws, such as those designed to pro- their memory will go much farther. The fact for final passage of this legislation in its cur- tect food supplies curb smoking, and increase that this great building and its dome—two irre- rent form. access to life-saving HIV/AIDS medication in placeable symbols of American democracy— f developing countries. still stand today will always be a living memo- For example, U.S. trade negotiators, acting rial to their sacrifice. BIPARTISAN TRADE PROMOTION AUTHORITY ACT OF 2001 on behalf of the pharmaceutical companies, My prayers, Mr. Speaker, are with all of the have tried to use international trade law to innocent civilians who died aboard that plane, SPEECH OF challenge governments in sub-Saharan Africa and especially Jason Dahl and his family. that are struggling to provide affordable medi- f HON. HENRY A. WAXMAN cines to people suffering from the AIDS epi- TERRORISM RISK PROTECTION OF CALIFORNIA demic. In southern Africa as many as 1 in 4 ACT IN THE HOUSE OF REPRESENTATIVES are suffering from AIDS, more than twelve mil- Thursday, December 6, 2001 lion children have been orphaned by the dis- SPEECH OF ease, and the overall rate of infection is eight Mr. WAXMAN. Mr. Speaker, I rise in strong times higher than the rest of the world. Yet, HON. BETTY McCOLLUM opposition to H.R. 3005, the so-called Bipar- the Thomas bill completely ignores this crisis OF MINNESOTA tisan Trade Promotion Authority legislation, and would allow the trade challenges to con- IN THE HOUSE OF REPRESENTATIVES also known as ‘‘fast track,’’ proposed by Ways tinue. Thursday, November 29, 2001 and Means Committee Chairman Bill Thomas. While I believe deeply in the benefits of free Furthermore, the Thomas bill would direct Ms. MCCOLLUM. Mr. Speaker, I rise today trade, this shortsighted bill ignores the need to the President to challenges prescription drug to discuss my views on H.R. 3210, the Ter- protect workers and the environment in our pricing systems that have been implemented rorism Risk Protection Act. in Canada, Europe, and other countries to With the unexpected attacks on New York international trade agenda. It also jeopardizes the environmental, health, and safety laws keep prescription drug prices from spiraling City and Washington, DC on September 11th, out of control. In fact, it may even jeopardize the United States has fought many battles in here in the United States. I have supported a number of trade agree- efforts here in the United States to provide af- the past two months. The loss of lives, jobs, fordable Medicare prescription drug benefits to homes and businesses have had unforeseen ments negotiated by Presidents in the past, but fast track is unique. As the mechanism seniors. effects on our country, and the world. And in addition to possibly putting our public Under such circumstances, it is our duty as that authorizes the President to negotiate trade agreements, it is the one chance Con- health and safety in jeopardy, the bills shows Americans to rise in support of our country. As complete indifference toward labor rights. a Member of Congress, it is my job to look out gress gets to direct the objectives and the scope of the U.S. trade agenda for the next Meekly suggesting that countries should en- for the best interest of those affected by such force their own labor laws, the bill only pro- tragedies. H.R. 3210, in its original state, did seven years. It is the primary opportunity for Congress to design trade goals that reflect motes the perpetuation of weak labor laws provide for the interests of Americans. that often allow the exploitation of child and While I was supportive of the bipartisan bill American ideals for human rights, labor rights, slave labor, and discriminatory treatment and as approved by the Financial Services Com- and environmental protection. harassment of labor activists in violation of the mittee, I am very disappointed with the signifi- It is outrageous that recent trade agree- five core standards of the International Labor cant changes made by the majority leadership ments have given foreign companies veto Organization (ILO). in the Rules Committee. Unnecessary provi- power over our regulatory authority at the If we want to work toward a progressive sions were added in an effort to open this leg- local, state, or federal level. I voted against world trading system, we should be working islation up for partisan tort reform. the North American Free Trade Agreement The revised legislation limits the rights of a (NAFTA), in part because Chapter 11 of the for a world economy that lives up to higher victim to seek legal action due to terrorist at- agreement gave foreign companies the right to standards instead of sinking to lower ones. tacks. In addition, the restrictions include a sue the United States for trade-related finan- We should be expanding and updating our complete ban on punitive damages, as well as cial losses. The result has been devastating to negotiating agenda to reflect the dramatic non-economic damages. Such restrictions on California and the Thomas bill would allow the changes that have taken place in just the last damages will severely limit the possibility of same provisions to be placed in future agree- few years since the previous Fast Track ex- victims to receive compensation for neg- ments. pired in 1994. There are now new items on ligence. It is under Chapter 11, for example, that a the table at the WTO regarding intellectual The bill will force every legal action involving Canadian corporation is suing the United property, antitrust law, investment rules, elec- a terrorist-related claim into federal court even States seeking $970 million in compensation tronic commerce, product/food labeling, and though states are the traditional arena for de- because of California’s decision to phase-out technology transfer. The United States has set ciding such cases. This bill is written so broad- MTBE, a toxic gasoline additive that leaked new precedents by including environmental ly that its restrictions would apply to any future from pipelines and storage tanks, poisoning and labor standards in the trade agreement legal action involving terrorism, even if an in- California water supplies and rendering them with Jordan and trade expansion measures surance company were not a party to the ac- unusable. with countries in the Caribbean and Africa. We tion. In my district, the City of Santa Monica should not be prevented from pursuing these I supported a compromise in which the in- faced MTBE contamination of its drinking provisions in future trade agreements. surance industry was to assume appropriate water supply and has had to import more than We should be insisting on more Congres- financial responsibility. There is simply no 80% of its drinking water. Sadly, this story has sional influence and oversight over the trade need for such broad and controversial tort re- been repeated in other parts of the state, as agenda. Unfortunately, the Thomas bill would form provisions to be attached to this meas- well as other parts of the country. The Cana- minimize our role and stifle any meaningful ure. dian company, which is trying to prevent the opportunity for Congress to revoke fast track if The minority substitute, which I support, phase-out of MTBE, is seeking $970 million in the President violates or ignores key negoti- strikes the tort provisions, requires an industry compensation, asserting that California’s ating objectives.

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.007 pfrm02 PsN: E10PT1 E2246 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2001 The bill also does nothing to increase trans- attention to this disease will increase our violate trade agreements with the United parency of the trade negotiations, delibera- chances of finding a cure. States. tions, and rulings veiled in secrecy. It fails to By passing this resolution, we are dem- I vote for this legislation today out of a belief advocate the publication of negotiating texts, onstrating to the American people that we that President Bush will do the right thing for or address the critical need for changes to dis- know tuberous sclerosis is a problem and that American agriculture. That means according pute settlement mechanisms that are not even we are determined to solve it. And we are tell- agriculture the high priority it deserves at the open to the submission of amicus brief by ing health care providers and researchers that trading table. And as I indicated earlier, that non-governmental entities that have an inter- we recognize their efforts and will stand be- also means tough negotiations, sound agree- est in the deliberations. hind them in seeking an effective treatment for ments and strong enforcement. Only then will The Democratic substitute offered by Mr. this disease. I am proud to support these ef- we see fair trade and only then will we realize RANGEL and Mr. LEVIN, which the Republican forts. the promise of greater trading opportunities for leadership unfairly blocked him from offering, f South Dakota farmers, ranchers and small seriously looks at ways to address all of these businesses. matters. It would take advantage of the scarce PERSONAL EXPLANATION I will be watching to make sure that agri- opportunity fast track offers for Congress to culture gets a fair shake. I will be watching, shape the future of a world trade system with HON. BOB RILEY and if agriculture is not treated fairly, the Ad- leadership from the United States on issues OF ALABAMA ministration will be hearing from me early and important to workers and the environment. IN THE HOUSE OF REPRESENTATIVES often. The bill calls for specific rules to ensure that I am pleased that this legislation strength- Monday, December 10, 2001 it would not be a trade violation for a country ens the role of Congress by requiring the U.S. to enforce a Multilateral Environmental Agree- Mr. RILEY. Mr. Speaker, I was unavoidably Trade Representative to consult with the ment (MEA), such as the treaty prohibiting detained for rollcall No. 482, H.R. 2944, the House and Senate Agriculture Committees trade in endangered species. It would also District of Columbia FY2002 Appropriations during the negotiations, and prior to any make progress on the issue of investor provi- Conference Report. Had I been present I agreement involving agriculture. As a member sions by clarifying that investors protection would have voted ‘‘nay.’’ of the House Agriculture Committee, I look for- rules cannot be used to undermine legitimate f ward to that new voice. health, safety, and environmental laws. Mr. Speaker, South Dakota has broad inter- PERSONAL EXPLANATION In addition, the Rangel-Levin bill would ex- ests. I’ve listened to agricultural producers and plicitly clarify the right of WTO members to business interests from across the state tell adopt measures necessary to respond to na- HON. JEFF FLAKE me how they feel about trade and South Da- tional emergencies like the HIV/AIDS epidemic OF ARIZONA kota’s ability to keep up. I’ve heard again and by increasing access to essential medicines, IN THE HOUSE OF REPRESENTATIVES again that if agreements are fair and enforced and set at least some limitations on chal- Monday, December 10, 2001 that we can compete and win in the world lenges to prescription drug price containment. marketplace. I will fight to make that happen. Mr. FLAKE. Mr. Speaker, I was not present Moreover, the bill would provide a much f stronger role for Congress by providing a for the vote on rollcall vote No. 482. Had I structural biennial review of ongoing negotia- been present, I would have voted ‘‘nay.’’ TRIBUTE TO MR. BOB MILEY tions, and a process for the House to bring a f resolution rescinding trade promotion authority BIPARTISAN TRADE PROMOTION HON. JAMES T. WALSH to the floor for a vote if it is supported by at AUTHORITY ACT OF 2001 OF NEW YORK least one-third of the House. IN THE HOUSE OF REPRESENTATIVES At a time when we have the chance to SPEECH OF Monday, December 10, 2001 move a progressive U.S. trade agenda forward, I regret that the Republican leadership HON. JOHN R. THUNE Mr. WALSH. Mr. Speaker, at the end of this squandered the opportunity to work with OF SOUTH DAKOTA year the House will say farewell to one of our Democrats to achieve legislation that enjoyed IN THE HOUSE OF REPRESENTATIVES most loyal and dedicated employees, namely, the Superintendent of Buildings, Bob Miley. strong bipartisan support. I urge my col- Thursday, December 6, 2001 leagues to join me in voting against the Thom- I have known Bob for several years and as bill and in support of the Rangel-Levin al- Mr. THUNE. Mr. Speaker, I have thought worked very closely with him in 1997–98 dur- ternative. long and hard about this important vote on ing my tenure as chairman of the Appropria- trade promotion authority. Frankly, people in f tions Subcommittee on the Legislative Branch. South Dakota have different views about the The person who responded to my questions EXPRESSING SENSE OF CONGRESS issue of trade and its impact on our rural about the many problems related to this REGARDING TUBEROUS SCLEROSIS economy. Many of the livestock producers House complex was Bob Miley. If ever a per- where I come from in Western South Dakota son knew first hand what needed to be ac- SPEECH OF have been hurt by unfair trade practices. I complished in a priority manner it was Bob. HON. LYNN N. RIVERS have listened to their stories and am more He planned and executed his assignment with OF MICHIGAN convinced than ever that if South Dakota agri- skill and expertise. IN THE HOUSE OF REPRESENTATIVES culture is to fully realize the benefits of trade, When you work your way up through the it must be fair trade. To get fair trade, we must system as Bob did, starting from being a tem- Tuesday, December 4, 2001 have a seat at the table. porary elevator operator in 1962, and rising to Ms. RIVERS. Mr. Speaker, I rise today to In recent years, the United States has fallen the position of building superintendent some express my strong support for this resolution behind. Our competitors in Europe and around 25 years later, it clearly indicates your skills to raise awareness of and strengthen the fight the world are negotiating trade agreements are recognized by everyone. against tuberous sclerosis. that will give them advantages over the United The work of caring for the House takes This genetic disease often goes undetected, States in their trade with other countries. dedication and devotion on a daily basis. One preventing those struggling with the disease There are 130 regional trade agreements doesn’t simply start at nine and expect to from obtaining needed care. Afflicting vital or- currently in force today. The United States is leave at six. The problems related to work fol- gans, tuberous sclerosis causes tumor growth a party to just two. Every day it gets more and low you 24 hours a day and 365 days a year. and seizures and can lead to learning disabil- more difficult for our products to be exported This vast facility is always changing and the ities and behavorial problems. overseas. unexpected occurs regularly. The nearly one million people worldwide Fair trade requires tough negotiations, Bob Miley has a difficult job. His patience known to have tuberous sclerosis need help, sound agreements, and strong enforcement. I and understanding is in large part the reason and it is our responsibility as public leaders to believe President Bush will negotiate fair for his successful reign. He has earned re- assist them by strengthening efforts to identify agreements with other countries to open up spect from the members and his colleagues and treat this disease. The cause of the markets overseas for U.S. goods. I also be- who work so closely with him on a daily basis. mutations that cause tuberous sclerosis are lieve he will enforce these agreements by im- I hope every member of this House will rec- not understood, but increased research and posing real consequences on countries that ognize the contribution Bob Miley has made

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10DE8.011 pfrm02 PsN: E10PT1 December 10, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2247 during his almost 40 years of service. He is to RED LAKE BAND OF CHIPPEWA INDIANS, tive tribal governments (special programs be congratulated for his effort on our behalf Red Lake, MN, December 5, 2001. and unique resources based on the relation- Re Inclusion of Native American Business ship); and I extend to him warm wishes for a won- Development Centers as Eligible to derful retirement ahead. Histories of Indian tribes—as separate and Apply for the Native American Small independent political sovereign communities Bob, in conclusion let me simply offer my Business Development Act Funding (Ad- within the United States; vocacy) personal thanks for a job well done. Tribal loan and grant programs for eco- Hon. BETTY MCCOLLUM, nomic development; Western Avenue North, Suite 17, Reservation trust land status and collat- f Saint Paul, MN. eral financing issues associated with it; DEAR CONGRESSWOMAN MCCOLLUM: We ap- The lack of infrastructure due to isolation PERSONAL EXPLANATION preciate your sponsoring the Native Amer- ican Small Business Development Act (H.R. and remoteness. Roads, sewers, electricity, 2538) and the inclusion of Executive Order telephone lines/Internet access (61% of res- 13175—Consultation and Coordination with ervation homes lack telephones/Internet ac- HON. SAM JOHNSON Indian Tribal Governments in the bill. cess), plumbing; tribal business codes, tribal court systems and laws pertaining to eco- OF TEXAS The Upper and Lower Red Lakes form over one-third of the reservation’s surface area. nomic development; IN THE HOUSE OF REPRESENTATIVES The Red Lake Reservation is home to mem- Utilization of Indian specific agency pro- bers of the Red Lake Band of Chippewa Indi- grams, such as the Department of Defense— Monday, December 10, 2001 ans. The Red Lake Chippewa have lived on Five Percent Indian Incentive for the use of the shores of Red Lake since the early 1700s. Indian Subcontractors Program; Mr. SAM JOHNSON of Texas. Mr. Speaker, The band reserved the Red Lake Indian Res- Indian Preferences under Subsection 7(b) of due to a scheduling conflict I was unavoidably ervation when they ceded some 2.9 million the Indian Self-Determination and Edu- detained and missed rollcall votes 469, 470, Acres of surrounding lands to the United cation Assistance Act (1975), the Johnson- 471, 472, 473, 474, 475, and 476 on Decem- States in trust in 1889. An 11-member Tribal O’Malley Act of 1934, the Snyder Act of 1921, ber 5 and 6, 2001. Had I been present I would Council now governs the reservation. and the Buy Indian Act of 1910; As you know, Native American Business have voted ‘‘aye’’ on H. Con. Res. 242, H.R. Cultural barriers (Native American Busi- Development Centers, funded by the Minor- ness Development Centers have successfully 3348, H. Con. Res. 102, H. Res. 298, H. Con. ity Business Development Agency (MBDA) worked with tribal councils for over 30 Res. 232, H. Con. Res. 280, the Motion, and have delivered specialized business develop- years). H. Res. 305, respectively. ment services to the American Indian com- The MBDA and Small Business Adminis- munity since 1972. You may not know that in tration when serving multiple populations 2001, the forecast is that these centers, which f created the Native American Business Devel- will receive $1,583,500 in funding, will gen- opment Centers to address unique cultural erate $118,305,884 in contracts and financing. and economic problems and opportunities NATIVE AMERICAN SMALL This, by any economic measurement is an that were not addressed. BUSINESS DEVELOPMENT ACT excellent return on the investment for the federal government. As you know, the 19th Century Indian pref- There are eight Native American Business erence statutes continue today with ‘‘Indian SPEECH OF Development Centers nationwide staffed by Preference’’ legislation—it is a continued Professional American Indian tribal mem- recognition and respect of the federal gov- HON. BETTY McCOLLUM bers who understand cultural and economic ernment’s commitment to honor treaties barriers facing Indian communities (see at- with Indian tribes and uphold the intent of OF MINNESOTA tached listing). Native American Business the United States Constitution. Development Center’s personnel focus solely We respectfully request that you consider IN THE HOUSE OF REPRESENTATIVES on American Indian economic development an amendment to your well-intended bill Wednesday, December 5, 2001 and have the expertise to serve the unique that would include Native American Busi- needs of Indian tribal members. ness Development Centers as eligible (and Ms. McCOLLUM. Mr. Speaker, in regard to Native American Business Development ideally suited) to apply for the Native Amer- Centers deliver services required for success- ican Small Business Development Act fund- H.R. 2538, the Native American Small Busi- ful work in Indian Country and include spe- ing. ness Development Act, I would like to include cialization in: Sincerely, in the RECORD the following letter I received Government to government relationship BOBBY WHITEFEATHER, from the Red Lake Band of Chippewa Indians. between the federal Government and respec- Chairman.

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A10DE8.017 pfrm02 PsN: E10PT1 E2248 CONGRESSIONAL RECORD — Extensions of Remarks December 10, 2001 SENATE COMMITTEE MEETINGS be Assistant Secretary for Economic of the United States of Korean ances- Policy, the nomination of Kenneth Title IV of Senate Resolution 4, try to reunite with their family mem- Lawson, of Florida, to be Assistant bers in North Korea; and H. Con. Res. agreed to by the Senate on February 4, Secretary for Enforcement, and the 211, commending Daw Aung San Suu 1977, calls for establishment of a sys- nomination of B. John Williams, Jr., of Kyi on the 10th anniversary of her re- tem for a computerized schedule of all Virginia, to be Chief Counsel for the In- ceiving the Nobel Peace Prize and ex- meetings and hearings of Senate com- ternal Revenue Service and Assistant pressing the sense of the Congress with mittees, subcommittees, joint commit- General Counsel, all of the Department respect to the Government of Burma; tees, and committees of conference. of the Treasury; the nomination of and pending nominations. Janet Hale, of Virginia, to be Assistant SD–419 This title requires all such committees Secretary for Management and Budget, to notify the Office of the Senate Daily and the nomination of Joan E. Ohl, of DECEMBER 13 Digest—designated by the Rules com- West Virginia, to be Commissioner on mittee—of the time, place, and purpose Children, Youth, and Families, both of 9 a.m. of the meetings, when scheduled, and the Department of Health and Human Governmental Affairs any cancellations or changes in the Services; and the nomination of James To hold hearings to examine security of B. Lockhart, III, of Connecticut, to be the passenger and transit rail infra- meetings as they occur. structure. As an additional procedure along Deputy Commissioner of Social Secu- rity, and the nomination of Harold SD–342 with the computerization of this infor- Daub, of Nebraska, to be a Member of 10 a.m. mation, the Office of the Senate Daily the Social Security Advisory Board, Banking, Housing, and Urban Affairs Digest will prepare this information for both of the Social Security Adminis- To hold hearings to examine housing and printing in the Extensions of Remarks tration. community development needs in section of the CONGRESSIONAL RECORD SD–215 America. on Monday and Wednesday of each 2 p.m. SD–538 week. Commission on Security and Cooperation Judiciary Meetings scheduled for Tuesday, De- in Europe Business meeting to consider pending To hold hearings to examine the state of cember 11, 2001 may be found in the calendar business. human rights, democracy and security SD–226 Daily Digest of today’s RECORD. concerns in Kyrgyzstan, focusing on 2:30 p.m. MEETINGS SCHEDULED human rights and democracy in the Armed Services Central Asian region. 334, Cannon Strategic Subcommittee Building DECEMBER 12 To hold hearings to examine the security 2:30 p.m. of U.S. nuclear weapons and nuclear 9:30 a.m. Intelligence weapons facilities, to be followed by Armed Services Closed business meeting to consider pend- closed hearings (in Room SR-232A). To hold hearings to examine the Depart- ing calendar business. SR–222 ment of Defense implementation of the S–407, Capitol 3 p.m. President’s Military Order on the de- Foreign Relations tention, treatment, and trial by mili- Business meeting to consider S. 1779, to Foreign Relations tary commissions of certain non-citi- authorize the establishment of ‘‘Radio Central Asia and South Caucasus Sub- zens in the war on terrorism. Free Afghanistan’’; H.R. 3167, to en- committee SR–325 dorse the vision of further enlargement To hold hearings to examine contribu- 10 a.m. of the NATO Alliance articulated by tions of central Asian nations to the Judiciary President George W. Bush on June 15, campaign against terrorism. To hold hearings to examine the future 2001, and by former President William SD–419 of the Microsoft settlement. J. Clinton on October 22, 1996; S. Con. SD–106 Res. 86, expressing the sense of Con- DECEMBER 18 Finance gress that women from all ethnic 10 a.m. Business meeting to markup H.R. 3005, to groups in Afghanistan should partici- Health, Education, Labor, and Pensions extend trade authorities procedures pate in the economic and political re- To hold hearings to examine the limits of with respect to reciprocal trade agree- construction of Afghanistan; H. Con. existing laws with respect to pro- ments; and to consider the nomination Res. 77, expressing the sense of the tecting against genetic discrimination. of Richard Clarida, of Connecticut, to Congress regarding the efforts of people SD–106

VerDate 112000 01:37 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10DE8.020 pfrm02 PsN: E10PT1 Monday, December 10, 2001 Daily Digest Senate Philippine Support Gratitude: Senate agreed to Chamber Action S. Con. Res. 91, expressing deep gratitude to the Routine Proceedings, pages S12755–S12815 government and the people of the Philippines for Measures Introduced: Four bills and two resolu- their sympathy and support since September 11, tions were introduced, as follows: S. 1791–1794, and 2001. Page S12813 S. Con. Res. 90–91. Page S12772 American Airlines Flight 587 Crash: Senate Measures Reported: agreed to H. Con. Res. 272, expressing the sense of S. 1593, to authorize the Administrator of the En- Congress regarding the crash of American Airlines vironmental Protection Agency to establish a grant Flight 587. Page S12813 program to support research projects on critical in- Lao-Hmong Recognition: Senate agreed to H. frastructure protection for water supply systems with Con. Res. 88, expressing the sense of the Congress an amendment in the nature of a substitute. (S. that the President should issue a proclamation to Rept. No. 107–118) recognize the contribution of the Lao-Hmong in de- S. 1608, to establish a program to provide grants fending freedom and democracy and supporting the to drinking water and wastewater facilities to meet goals of Lao-Hmong Recognition Day. Page S12813 immediate security needs with an amendment in the Terrorist Attacks First Responders Acknowledg- nature of a substitute. (S. Rept. No. 107–119) ment: Committee on the Judiciary was discharged S. 1622, to extend the period of availability of un- from further consideration of S. Con. Res. 73, ex- employment assistance under the Robert T. Stafford pressing the profound sorrow of Congress for the Disaster Relief and Emergency Assistance Act in the deaths and injuries suffered by first responders as case of victims of the terrorist attacks of September they endeavored to save innocent people in the after- 11, 2001. (S. Rept. No. 107–120) math of the terrorist attacks on the World Trade S. 1637, to waive certain limitations in the case Center and the Pentagon on September 11, 2001, of use of the emergency fund authorized by section and the resolution was then agreed to. 125 of title 23, United States Code, to pay the costs of projects in response to the attack on the World Pages S12813–14 Trade Center in New York City that occurred on American Airlines Flight 587 Crash: Committee September 11, 2001. (S. Rept. No. 107–121) on the Judiciary was discharged from further consid- Pages S12771–72 eration of S. Con. Res. 87, expressing the sense of Measures Passed: Congress regarding the crash of American Airlines Flight 587, and the resolution was then agreed to. National Civic Participation Week: Senate Page S12814 agreed to S. Res. 140, designating the week beginning September 15, 2002, as ‘‘National Civic Par- Federal Farm Bill: Senate began consideration of S. 1731, to strengthen the safety net for agricultural ticipation Week’’. Pages S12812–13 producers, to enhance resource conservation and rural Congratulating Barry Bonds: Committee on the development, to provide for farm credit, agricultural Judiciary was discharged from further consideration research, nutrition, and related programs, to ensure of S. Res. 178, congratulating Barry Bonds on his consumers abundant food and fiber. spectacular record-breaking season in 2001 and out- Pages S12755–58, S12762, S12764–68 standing career in Major League Baseball, and the Senate will continue consideration of the bill on resolution was then agreed to, after agreeing to the Tuesday, December 11, 2001. Page S12814 following amendment proposed thereto: Page S12813 Reid (for Feinstein/Boxer) Amendment No. 2465, Nominations Received: Senate received the fol- to make a technical correction. Page S12813 lowing nomination: D1229

VerDate 11-MAY-2000 02:12 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE1.REC pfrm02 PsN: D10DE1 D1230 CONGRESSIONAL RECORD — DAILY DIGEST December 10, 2001 Christopher James Christie, of New Jersey, to be trict of Kentucky, after the nominee, who was intro- United States Attorney for the District of New Jer- duced by Senator McConnell, testified and answered sey for the term of four years. Page S12815 questions in his own behalf. Testimony was also re- Measures Placed on Calendar: Page S12771 ceived from Henry R. Whilhoit, Jr., Senior District Judge of the United States District Court for the Additional Cosponsors: Page S12772 Eastern District of Kentucky, Ashland; Karl S. For- Statements on Introduced Bills/Resolutions: ester, Chief Judge of the United States District Pages S12772–79 Court for the Eastern District of Kentucky, Lex- Additional Statements: Pages S12769–71 ington; Joseph M. Hood, Judge of the United States District Court for the Eastern District of Kentucky, Amendments Submitted: Page S12779 Lexington; Joseph L, Famularo, Deputy Secretary of Privilege of the Floor: Page S12779 the Commonwealth of Kentucky, Frankfurt; and Text of H.R. 3338, as Previously Passed: Roscoe Trimmier, Jr., Boston, Massachusetts, David Pages S12779–S12812 C. Weiner, Cleveland, Ohio, and Judah Best, Wash- ington, D.C., all on behalf of the American Bar As- Adjournment: Senate met at 3 p.m., and adjourned sociation/Standing Committee on Federal Judiciary. at 5:42 p.m., until 9:30 a.m., on Tuesday, December 11, 2001. (For Senate’s program, see the remarks of SOCIAL SECURITY REFORM the Acting Majority Leader in today’s Record on Special Committee on Aging: Committee concluded page S12814.) hearings to examine the costs and tradeoffs of reforming Social Security, focusing on the President’s Committee Meetings Commission to Strengthen Social Security proposals and other related reform plans, after receiving testi- (Committees not listed did not meet) mony from Dan L. Crippen, Director, Congressional Budget Office; Barbara D. Bovbjerg, Director, Edu- NOMINATIONS cation, Workforce, and Income Security Issues, Gen- Committee on the Judiciary: Committee concluded eral Accounting Office; and Geoffrey Kollman, Spe- hearings on the nomination of David L. Bunning, to cialist on Social Legislation, Congressional Research be United States District Judge for the Eastern Dis- Service, Library of Congress. h House of Representatives Board of Directors of the Vietnam Education Chamber Action Foundation: The Chair announced the Speaker’s ap- Measures Introduced: 1 public bill, H.R. 3440 pointment of Representative Smith of New Jersey to was introduced. Pages H9081–82 the Board of Directors of the Vietnam Education Reports Filed: Reports were filed today as follows: Foundation. Page H9079 H.R. 3295, to establish a program to provide Senate Message: Messages received from the Senate funds to States to replace punch card voting systems, appear on pages H9079–80. to establish the Election Assistance Commission to Referrals: S. 1714 was referred to the Committee on assist in the administration of Federal elections and Government Reform and S. 703 and S. 942 were to otherwise provide assistance with the administra- held at the desk. Page H9080 tion of certain Federal election laws and programs, to establish minimum election administration stand- Quorum Calls—Votes: No quorum calls or re- ards for States and units of local government with corded votes developed during the proceedings of the responsibility for the administration of Federal elec- House today. tions, amended (H. Rept. 107–329 Part 1). Adjournment: The House met at 2 p.m. and ad- Page H9081 journed at 2:06 p.m. Speaker Pro Tempore: Read a letter from the Speaker wherein he appointed Representative Simp- son to act as Speaker pro tempore for today. Committee Meetings Page H9079 No committee meetings were held.

VerDate 11-MAY-2000 02:12 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE1.REC pfrm02 PsN: D10DE1 December 10, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1231 COMMITTEE MEETINGS FOR TUESDAY, Committee on the Judiciary: Subcommittee on Adminis- DECEMBER 11, 2001 trative Oversight and the Courts, to hold hearings to examine homeland defense issues, focusing on sharing infor- (Committee meetings are open unless otherwise indicated) mation with local law enforcement, 10 a.m., SD–226. Senate House Committee on Armed Services: business meeting to discuss the status of the conference on S. 1438, National Defense Committee on Appropriations, Subcommittee on Com- Authorization Act for Fiscal Year 2002, 10:30 a.m., merce, Justice, State and Judiciary, on OxyContin, 10 SR–222. a.m., 2359 Rayburn. Committee on Banking, Housing, and Urban Affairs: busi- Committee on Energy and Commerce, Subcommittee on ness meeting to consider the nomination of Eduardo Telecommunications and the Internet, hearing on the set- Aguirre, Jr., of Texas, to be First Vice President, and J. tlement between the U.S. Government and Nextwave, Joseph Grandmaison, of New Hampshire, to be a Mem- Inc., to resolve disputed spectrum licenses, 3 p.m., 2123 ber of the Board of Directors, both of the Export-Import Rayburn. Bank of the United States; and the nomination of Ken- Committee on Rules, to consider the following: H.R. neth M. Donohue, Sr., of Virginia, to be Inspector Gen- 3129, Customs Border Security Act of 2001; H.R. 3295, eral, Department of Housing and Urban Development, Help America Vote Act of 2001; and the Conference Re- Time to be announced, S–216, Capitol. port to accompany H.R. 2883, Intelligence Authorization Committee on Foreign Relations: to hold hearings on the nomination of Francis Joseph Ricciardone, Jr., of New Act for Fiscal Year 2002. 5 p.m., H–313 Capitol. Hampshire, to be Ambassador to the Republic of the Joint Meetings Philippines and to serve concurrently and without additional compensation as Ambassador to the Republic of Conference: meeting of conferees on H.R. 1, to close the Palau, 3 p.m., SD–419. achievement gap with accountability, flexibility, and Committee on Governmental Affairs: to hold hearings to choice, so that no child is left behind, 10:30 a.m., 2175, examine the local role in homeland security, 9 a.m., Rayburn Building. SD–342.

VerDate 11-MAY-2000 02:12 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10DE1.REC pfrm02 PsN: D10DE1 D1232 CONGRESSIONAL RECORD — DAILY DIGEST December 10, 2001

Next Meeting of the SENATE (4) H.R. 2069, Global Access to HIV/AIDS Prevention, 9:30 a.m., Tuesday, December 11 Awareness, Education, and Treatment; (5) S. Con. Res. 58, Support for the Tenth Annual Meeting Senate Chamber of the Asia Pacific Parliamentary Forum; (6) S.J. Res. 26, Appointment of Patricia Q. Stonesifer to the Program for Tuesday: Senate will consider the nominations Smithsonian Institution Board of Regents; of John D. Bates, of Maryland, to be United States District (7) H. Res., Honoring the United States Capitol Police for Judge for the District of Columbia, Kurt D. Engelhardt, to be their commitment to security at the Capitol; United States District Judge for the Eastern District of Lou- (8) H.R. 3282, Mike Mansfield Federal Building and United isiana, and Julie A. Robinson, to be United States District States Courthouse, Butte, Montana; Judge for the District of Kansas, with votes on confirmation (9) H.R. 3370, Traverse City Area School District, Traverse of the nominations to occur thereon. Senate will then continue City, Michigan Property Conveyance; consideration of S. 1731, Federal Farm Bill. (10) H.R. 2595, Chatham County, Georgia Land Convey- (Senate will recess from 12:30 p.m. until 2:15 p.m., for their re- ance; spective party conferences.) (11) H. Con. Res. 259, Commending Charitable Organiza- tions and American Public Relief Efforts in the Aftermath of September 11 Terrorist Attacks; Next Meeting of the HOUSE OF REPRESENTATIVES (12) H.R. 38, Additions to Nebraska Homestead National 12:30 p.m., Tuesday, December 11 Monument of America; (13) H.R. 2440, to rename Wolf Trap Farm Park as Wolf Trap National Park for the Performing Arts; House Chamber (14) H.R. 1989, Fisheries Conservation Act; Program for Tuesday: Consideration of Suspensions: (15) H.R. 1576, James Peak, Colorado Wilderness and Pro- (1) H.R. 3216, Exclusion of Certain Military Basic Allow- tection Area; ances for Housing for Determination of Eligibility for Free and (16) H.R. 2742, Native American Cultural Center and Mu- Reduced Price Meal under the Richard B. Russell National seum, Oklahoma City, Oklahoma; School Lunch Act; (17) H.R. 1169, Cooperative Mailings; (2) H.R. 2716, Homeless Veterans Comprehensive Assistance (18) H.R. 3030, Basic Pilot Extension Act; and Act; Consideration of H.R. 1022, Community Recognition Act (3) H.R. 2540, Veterans Benefits Act of 2001; (corrections calendar).

Extensions of Remarks, as inserted in this issue

HOUSE Maloney, Carolyn B., N.Y., E2244 Thune, John R., S.D., E2246 Otter, C.L. ‘‘Butch’’, Idaho, E2244 Walsh, James T., N.Y., E2246 Flake, Jeff, Ariz., E2246 Riley, Bob, Ala., E2246 Waxman, Henry A., Calif., E2245 Johnson, Sam, Tex., E2247 Rivers, Lynn N., Mich., E2246 McCollum, Betty, Minn., E2245, E2247 Tancredo, Thomas G., Colo., E2243, E2244

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $165.00 for six months, $325.00 per year, or purchased for $2.75 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 02:12 Dec 11, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0642 Sfmt 0642 E:\CR\FM\D10DE1.REC pfrm02 PsN: D10DE1