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

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

Vol. 148 WASHINGTON, FRIDAY, JUNE 21, 2002 No. 84 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING The legislative clerk read as follows: called to order by the Honorable PRESIDENT PRO TEMPORE A bill (S. 2514) to authorize appropriations DEBBIE STABENOW, a Senator from the The PRESIDING OFFICER. The for fiscal year 2003 for military activities of State of Michigan. the Department of Defense, for military con- clerk will please read a communication struction, and for defense activities of the to the Senate from the President pro PRAYER Department of Energy, to prescribe per- tempore (Mr. BYRD.) sonnel strengths for such fiscal year for the The Chaplain, Dr. Lloyd John The legislative clerk read the fol- Armed Forces, and for other purposes. Ogilvie, offered the following prayer: lowing letter: Pending: Lord, we read the Bible and there it U.S. SENATE, Murray/Snowe amendment No. 3927, to re- is: the persistently repeated admoni- PRESIDENT PRO TEMPORE, store a previous policy regarding restrictions tion to give thanks. We know You well Washington, DC, June 21, 2002. on use of Department of Defense facilities. enough to know that You do not need To the Senate: Mr. WARNER. Mr. President, Sen- the assurance of our gratitude. Surely, Under the provisions of rule I, paragraph 3, ator SANTORUM consulted with me yes- the need for thanksgiving must have of the Standing Rules of the Senate, I hereby terday at great length about his desire something to do with our spiritual appoint the Honorable DEBBIE STABENOW, a not to have this vote today. He wished Senator from the State of Michigan, to per- health. The psalmist said, ‘‘O Lord my form the duties of the Chair. to be present. He had to be absent for God, I will give thanks to You for- ROBERT C. BYRD, valid reasons. ever.’’—Psalm 30:12. In this life and in President pro tempore. I want to state for the record that heaven, forever is a long time. Paul Ms. STABENOW thereupon assumed were the Senator from Pennsylvania, Mr. SANTORUM, present, he would vote said, ‘‘In everything give thanks; for the chair as Acting President pro tem- in the negative. this is the will of God for you.’’—1 pore. Thess. 5:18. VOTE ON AMENDMENT NO. 3927 f In everything, Lord? Suddenly we Mr. REID. I ask for the yeas and know the secret. Thanksgiving is the RECOGNITION OF THE ACTING nays. memory of the heart. We have great MAJORITY LEADER The ACTING PRESIDENT pro tem- memories of Your faithfulness. They The ACTING PRESIDENT pro tem- pore. Is there a sufficient second? There is a sufficient second. become cherished memories as we tell pore. The acting majority leader is rec- You how grateful we are, not only for The question is on agreeing to the ognized. amendment. The clerk will call the Your blessings, but, for You. We say f with Joyce Kilmer, ‘‘Thank God for roll. The assistant legislative clerk called God!’’ SCHEDULE the roll. Most important of all, we know that Mr. REID. Madam President, we have Mr. REID. I announce that the Sen- when we thank You for all Your good a vote that will occur immediately on ator from Louisiana (Mr. BREAUX) and gifts, the growth of false pride is stunt- the Murray amendment. The managers the Senator from Georgia (Mr. MILLER) ed. And when we can thank You even and leaders hope others will offer are necessarily absent. for the rough and tough things in life, amendments today. We will have the Mr. NICKLES. I announce that the we really can let go of our control and opportunity to do that. This will be the Senator from Idaho (Mr. CRAIG), the trust You to bring good out of the most last vote of the day. Senator from Texas (Mr. GRAMM), the distressing things. And so, we give f Senator from North Carolina (Mr. thanks! And we praise You for the Sen- RESERVATION OF LEADER TIME HELMS), the Senator from Texas (Mrs. ators here who will be casting their HUTCHISON), the Senator from Pennsyl- votes today. Thank You for the privi- The ACTING PRESIDENT pro tem- vania (Mr. SANTORUM), and the Senator lege of living in this democracy. Amen. pore. Under the previous order, the from Wyoming (Mr. THOMAS) are nec- f leadership time is reserved. essarily absent. f I further announce that if present PLEDGE OF ALLEGIANCE and voting the Senator from North NATIONAL DEFENSE AUTHORIZA- The Honorable DEBBIE STABENOW led Carolina (Mr. HELMS) and the Senator TION ACT FOR FISCAL YEAR 2003 the Pledge of Allegiance, as follows: from Pennsylvania (Mr. SANTORUM) I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- would each vote ‘‘no.’’ United States of America, and to the Repub- pore. Under the previous order, the The PRESIDING OFFICER (Mr. CAR- lic for which it stands, one nation under God, Senate will now resume consideration PER). Are there any other Senators in indivisible, with liberty and justice for all. of S. 2514, which the clerk will report. the Chamber desiring to vote?

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

S5881

. S5882 CONGRESSIONAL RECORD — SENATE June 21, 2002 The result was announced—yeas 52, tions. I will yield the floor to him at and myself is that the amendments nays 40, as follows: this time. must be relevant. Would the leader be [Rollcall Vote No. 160 Leg.] The PRESIDING OFFICER. The Re- kind enough to repeat that for the YEAS—52 publican leader is recognized. record so all can hear. Akaka Dodd Lieberman Mr. LOTT. Mr. President, I thank Mr. DASCHLE. Mr. President, let me Baucus Dorgan Lincoln Senator DASCHLE for his comments and reiterate what we did say yesterday for Bayh Durbin Mikulski yielding so I can engage in a colloquy the record. Under the agreement we Biden Edwards Murray have now entered into, amendments Bingaman Feingold Nelson (FL) with him. Boxer Feinstein Reed First, regarding the schedule and the have to be relevant—not necessarily Byrd Graham Rockefeller majority leader’s intent to move for- germane, in the definition of Senate Cantwell Harkin Sarbanes ward, I certainly support what he is parlance, but certainly relevant. We Carnahan Hollings Schumer leave it to the two managers to deter- Carper Inouye Snowe trying to do. I think good progress has Chafee Jeffords Specter been made this week on the Defense mine that—not the Parliamentarians Cleland Johnson Stabenow authorization bill. I think we have dis- but the managers. They will be the ar- Clinton Kennedy Stevens posed of two or three issues that could biters of relevancy. They are fair and Collins Kerry Torricelli they are respected on both sides of the Conrad Kohl Wellstone have been very contentious. It took a Corzine Landrieu Wyden little time, but we got them done with- aisle. I respect their judgment and will Daschle Leahy out much difficulty. I assume that next stand behind the decisions they make. Dayton Levin Having said that, I hope we are lim- week we will have not more than 41⁄2 NAYS—40 days to finish this bill and maybe some iting ourselves to relevant amend- Allard Fitzgerald Nelson (NE) other actions in addition to that. ments, that Senators at least come for- Allen Frist Nickles I join the majority leader in urging ward with some understanding of what Bennett Grassley Reid the amendments—relevant amend- Bond Gregg Roberts Members, if they have a serious amend- Brownback Hagel Sessions ment, to identify it to the managers. ments—are. While we don’t need a fi- Bunning Hatch Shelby This is aimed at both sides. Let’s not nite list today, it would be helpful to Burns Hutchinson Smith (NH) make up this fictitious list of grand de- know what relevant amendments Sen- Campbell Inhofe Smith (OR) ators are intending to offer so that we Cochran Kyl Thompson signs where Senators say ‘‘I have 10 Crapo Lott Thurmond amendments’’ when everybody knows have some ability to schedule for the DeWine Lugar Voinovich he or she has one or none. remainder of the week. Domenici McCain Warner Also, it seems to me, as I recall from Mr. LEVIN. Mr. President, will the Ensign McConnell Republican leader yield? studying the list, that there are about Enzi Murkowski Mr. LOTT. I will be glad to yield. NOT VOTING—8 four other amendments that could take Mr. LEVIN. First, I thank the major- some time and could be somewhat con- Breaux Helms Santorum ity leader and the Republican leader Craig Hutchison Thomas troversial and require some votes. But for their continuing efforts to move Gramm Miller there should not be a long list. I hope this bill along. Senator WARNER point- The amendment (No. 3927) was agreed our managers will not have to sit here ed out that Senator SMITH will be to. all day Monday begging Senators to ready on Monday afternoon with his Mrs. MURRAY. Mr. President, I offer amendments and nobody showing amendment. I understand Senator DAY- move to reconsider the vote. up, and then whine on Thursday if the TON, who is a cosponsor of that amend- Mr. REID. Mr. President, I move to majority leader has to file a cloture ment, will also be available. We think lay that motion on the table. and say: I got cut out. we have confirmed that as well. We The motion to lay on the table was These managers are excellent and ex- could proceed perhaps at 4 o’clock. We agreed to. perienced and they are going to try to expect a rollcall vote on that amend- The PRESIDING OFFICER. The ma- move forward. There has been good co- ment. Perhaps we can get a time agree- jority leader is recognized. operation and we need to continue ment on that amendment today, which Mr. DASCHLE. Mr. President, I am that. Hopefully, we can do effective sure everybody is aware that this is the will also help facilitate this matter. work on Monday and get a list that we Both Senator WARNER and I will be last vote of the day. I know our col- are really going to have to do, and here this morning at least, we will be leagues, both Senator LEVIN and Sen- avoid forcing the majority leader to here on Monday, and we hope Senators ator WARNER, are interested, however, have to file cloture, as he clearly will who have relevant amendments will in- in continuing debate on the bill have to do Tuesday afternoon if we throughout the day and on Monday. We form us of that. We also are going to be don’t have some idea of how we are will be in session. We will be in a posi- able to clear some amendments in the going to proceed. I used to get into tion to entertain amendments and to next few hours, we hope, and either that position, too. It is not always the bring them to closure. take care of those today or Monday. My hope is we can use these 2 days. I majority leader’s choice. NOMINATIONS am inclined to press for a finite list, I want to press the point that this is Mr. LOTT. Mr. President, I would but we will not do that today. Senators serious legislation. The country needs like to make a couple of other points. should be aware that next week is it, our military men and women need We also need to move some nomina- going to be a very busy week. Those it. The majority leader did the right tions in the next week. Senator who want to wait until Tuesday or thing in moving to it. He has a right to DASCHLE and I are trying to find a way Wednesday should not count on having expect us to work in good faith in to get that process moving. A lot of a lot of time to debate their amend- bringing up amendments that are seri- these are not controversial. They are ments. We have 2 great days—today ous and need to be debated. Republican and Democrat, people such and Monday—to offer amendments. I The PRESIDING OFFICER. The Sen- as Congressman TONY HALL, who is hope Senators will do so. ator from Virginia is recognized. awaiting confirmation to be Ambas- There will be a vote Monday night— Mr. WARNER. Mr. President, I was sador for the United Nations Agency at least one and maybe more. So Sen- going to advise the leadership that the for Food and Agriculture. A number of ators should be prepared to vote on distinguished Senator from New Hamp- these are U.S. attorneys and U.S. mar- Monday after 5 o’clock. We will an- shire, Mr. SMITH, is prepared to address shals. nounce a time certain after consulta- the Senate on his amendment. That I urge the majority leader to consider tion with the Republican leader, and could start between 4 and 4:30 and per- beginning to do packages as we go Senators should be prepared to come haps meet the hour designated with the along so we do not have them all back and vote on Monday so that we leadership for a vote. stacked up at the end on Thursday or can begin a full day of work on the bill I also wish to request, respectfully, of Friday where one objection, unrelated on Tuesday and, hopefully, complete the leaders to repeat the statements to the nominations, could deny all our work Wednesday or Thursday. made yesterday by both leaders to the these people who have been waiting, I know the distinguished Republican effect that the criteria to be estab- some of them a good while, an oppor- leader has some comments and ques- lished by the distinguished chairman tunity to be considered. June 21, 2002 CONGRESSIONAL RECORD — SENATE S5883 Also, I am concerned that—I don’t exactly how we will go forward and Mr. LOTT. I thank Senator DASCHLE know—11 or 12 judges are on the cal- what time, when we might actually get for his comments. I understand this endar. I think most of them are non- to it. issue is privileged. It is like conference controversial. But if we have to have a It is unclear if that will be accepted, reports. It does not displace anything; recorded vote, that could run into a lot but I just want our colleagues to know it just temporarily interrupts it, and of time and could really delay some of we are trying to get some clarification we can go right back to the pending our work next week. of exactly when we will go to this very business. That is why I raise the sub- I wanted to make that point to the important joint resolution dealing with ject. majority leader and urge him to see if the Yucca Mountain site for nuclear I want everybody to understand that we can begin work together to develop waste disposal. nobody is trying to shove this in an un- a list, large or small, along the way, I add that the majority leader had fair way. There is a lot of consultation rather than just one huge package at previously stated his intent to proceed involved on both sides. We want to the end next week. to a number of other important issues make sure Members understand how it I yield the floor so Senator DASCHLE in July. We have a lot of important can proceed and what the issue is and can respond. work that needs to be done and only 4 also give Senators who have concerns The PRESIDING OFFICER. The ma- weeks in that time. Given the busy in opposition full knowledge of what jority leader. schedule, including the prospect of ap- time and how this will come up. That Mr. DASCHLE. Mr. President, I share propriations bills, it would be my hope is why I bring it up at this point. the concern for the growing list of ex- that the Senate could consider this res- I understand and appreciate Senator ecutive nominations. I say to my col- olution even next week. I realize that DASCHLE’s position and the statement leagues that the distinguished Repub- would be contingent upon completing he just gave our colleagues. lican leader and I and our staffs have the Defense authorization bill, but I CONGRESSIONAL BASEBALL GAME been discussing this matter at length have a good feeling about how the De- Mr. LOTT. Mr. President, on a final over the course of the last couple of fense authorization bill may proceed happy note, I observe there was a base- weeks. next week. Maybe I am dreaming on ball game last night, really out- There have been meetings as late as this first day of summer to think we standing game to retire the trophy. I yesterday with the White House with could actually finish it a little early, am pleased to say the Romping Ele- regard to an understanding about how but I am hoping for the very best, and phants were able to bring home the vic- we might go forward. I have not had this resolution could possibly even be tory and retire the trophy. The score the opportunity to talk with my staff brought up next week. was 9 to 2. this morning as to the progress made If not then, we do need to get some Why would I bring that up in the on those discussions, but I have every indication of when we will proceed. It Senate since usually it is the younger reason to believe we have made sub- is governed by law. I ask the leader to and more inexperienced House Mem- stantial progress and that we ought to consider scheduling this measure and bers who play on these baseball teams? be in a position to begin moving all of giving advice to colleagues as to when In fact, one of the stars of the game those nominations on the calendar he anticipates this matter will be con- was the Senator from Nevada, JOHN next week. I also share his view that sidered. ENSIGN, who played a sterling game at when that happens, we do not want to I yield the floor to Senator DASCHLE shortstop and actually got a walk, a leave them to the end. for a response he wants to give. hit, scored a run, and I think snagged We may dual track next week to the The PRESIDING OFFICER. The ma- about eight balls. jority leader. extent that it is possible with the De- So it just goes to show that Senators Mr. DASCHLE. Mr. President, I have fense bill so we can complete work on not only are older and more experi- no intention at this point to bring it up enced but also perhaps more talented. the Defense bill on schedule but chip certainly this coming week. As the dis- away at that Executive Calendar list Mr. REID. Will the Senator yield? tinguished Republican leader knows, I Mr. LOTT. With that glowing conclu- throughout the week. Certainly, if ne- have made no secret of my opposition gotiations have been completed and we sion, I yield the floor. to the resolution, and I know that sen- Mr. REID. If the Senator will yield have all come to some agreement, it timent is shared by a large percentage before he leaves, I will say a word in re- would be my intention to do it perhaps of our colleagues on this side of the sponse. as early as Monday. aisle. The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, if I can get It is, of course, within the right of ator from Nevada. the floor back. any Senator without debate to move to Mr. REID. On a less serious note, the The PRESIDING OFFICER. The Re- the resolution under the law. This is Senator from Mississippi got about as publican Leader. not a Senate rule. This is a law pro- many hits as I did last night; right? YUCCA MOUNTAIN RESOLUTION mulgated in 1982. Any Senator can Mr. LOTT. Yes. Mr. LOTT. Mr. President, I wish to move to it, and when that occurs, the Mr. REID. The Senator did about as raise one other issue. By law, the Sen- motion to proceed is voted upon, and well as I did in the baseball game, ate must consider a joint resolution re- then a 10-hour debate, wherein no which is not very well. We did not play. garding the Yucca Mountain facility amendments are authorized to ensue, I have sat silently listening to the which has passed the House and has with a vote to follow at the expiration colloquy between the two leaders on an been reported out of the Senate Energy of that 10 hours. issue of importance to me, and that is and Natural Resources Committee. We Every Senator has the confidence the nuclear waste issue. There are are quickly approaching a deadline for that if he or she chooses to make that many of us—and I have spoken at great that legislation, which is also written position, it supplants whatever is on length with the majority leader—who in the law. It is my hope we can get an the floor at the time. That is the pre- believe the law that was passed stands indication as to when that resolution rogative, unfortunately in my view, of Senate precedent on its head and there will be scheduled as provided under the any Senator given the law. It super- will be a concerted effort by a number statute. sedes all Senate rules. I hope we will of Republicans and a significant num- I remind my colleagues that the law not avail ourselves of these expeditious ber of Democrats, with the majority provides an expedited process for that moves in the future. Senate procedure leader, saying it sets such a bad prece- measure, and it will only take 10 hours ought to be respected, but I can do dent that the motion to proceed should or less if Members decide not to use all nothing about the current cir- not, of course, go forward. the time, of course. We have offered— cumstances. While the two leaders are present, I in fact, I think both sides have of- As the Senator knows, clearly that is wanted to make sure everyone under- fered—suggestions as to how we might within his right or the rights of other stood this is not a slam dunk, that the proceed. We do have a suggestion for colleagues interested in moving legis- motion to proceed or whatever we want consent that I have sent over to Sen- lation. I would oppose it when or if it to call this unique aspect of law that ator DASCHLE as to how to proceed on is offered, but that is certainly the passed is certainly not assured of going the resolution so Members will know right of a colleague to consider. forward. S5884 CONGRESSIONAL RECORD — SENATE June 21, 2002 Whenever a Republican decides to Mr. LEVIN. I move to reconsider the offer an amendment which would au- bring it up, there will be a vote on this vote. thorize a land conveyance at Fort so-called motion to proceed, and I am Mr. WARNER. I move to lay that mo- Hood, TX, for the purpose of estab- hopeful and cautiously optimistic that tion on the table. lishing a veterans cemetery. it will not prevail. I wanted to make The motion to lay on the table was The PRESIDING OFFICER. The sure everyone understood that. agreed to. clerk will report the amendment. The PRESIDING OFFICER. The ma- AMENDMENT NO. 3954 The legislative clerk read as follows: jority leader. Mr. LEVIN. Mr. President, on behalf The Senator from Virginia [Mr. WARNER], Mr. DASCHLE. Mr. President, I am of Senator NELSON of Florida and Sen- for Mrs. HUTCHISON, proposes an amendment sorry the Republican leader had to ator ALLARD, I offer an amendment numbered 3955. bring up the score of the game last which sets forth the sense of the Sen- The amendment is as follows: night. He could have quietly and gra- ate that maintaining assured access to (Purpose: To authorize a land conveyance at ciously noted that the Republicans space is in the national security inter- Fort Hood, Texas) won, but it is his right to notice pub- est and that the Under Secretary of the At the end of subtitle C of title XXVIII, licly that we got trounced last night. Air Force should evaluate all options add the following: But there is another day. I graciously to maintain such access. I send that SEC. 2829. LAND CONVEYANCE, FORT HOOD, admit defeat in this case. We did have amendment to the desk. TEXAS. some star players, and I congratulate The PRESIDING OFFICER. The (a) CONVEYANCE AUTHORIZED.—The Sec- retary of the Army may convey, without Senator ENSIGN on his valiant perform- clerk will report the amendment. The legislative clerk read as follows: consideration, to the Veterans Land Board of ance. But there is another day, another the State of Texas (in this section referred to game, and we are going to try to level The Senator from Michigan [Mr. LEVIN], for Mr. NELSON of Florida, for himself and as the ‘‘Board’’), all right, title, and interest the playing field next year. In the Mr ALLARD, proposes an amendment num- of the United States in and to a parcel of meantime, we will try to do the best bered 3954. real property, including any improvements thereon, consisting of approximately 174 we can to win our victories on the Sen- The amendment is as follows: ate floor. acres at Fort Hood, Texas, for the purpose of (Purpose: To express the sense of Congress permitting the Board to establish a State- Mr. REID. If the leader will allow me regarding assured access to space) to say this: We do appreciate very run cemetery for veterans. At the end of subtitle D of title I, add the (b) REVERSIONARY INTEREST.—(1) If at the much that the Republicans did not following: end of the five-year period beginning on the bring on Hall of Famer JIM BUNNING to SEC. 135. SENSE OF CONGRESS REGARDING AS- date of the conveyance authorized by sub- pitch against the Democrats. SURED ACCESS TO SPACE. section (a), the Secretary determines that I suggest the absence of a quorum. (a) FINDINGS.—Congress makes the fol- the property conveyed under that subsection The PRESIDING OFFICER. The lowing findings: is not being used for the purpose specified in clerk will call the roll. (1) Assured access to space is a vital na- that subsection, all right, title, and interest The assistant legislative clerk pro- tional security interest of the United States. in and to the property, including any im- (2) The Evolved Expendable Launch Vehi- provements thereon, shall revert to the ceeded to call the roll. cle program of the Department of Defense is Mr. LEVIN. Mr. President, I ask United States, and the United States shall a critical element of the Department’s plans have the right of immediate entry thereon. unanimous consent the order for the for assuring United States access to space. (2) Any determination of the Secretary quorum call be rescinded. (3) Significant contractions in the com- under this subsection shall be made on the The PRESIDING OFFICER (Mr. mercial space launch marketplace have erod- record after an opportunity for a hearing. CORZINE). Without objection, it is so or- ed the overall viability of the United States (c) DESCRIPTION OF PROPERTY.—The exact dered. space launch industrial base and could ham- acreage and legal description of the real per the ability of the Department of Defense property to be conveyed under subsection (a) AMENDMENT NO. 3953 to provide assured access to space in the fu- shall be determined by a survey satisfactory Mr. LEVIN. Mr. President, on behalf ture. to the Secretary. The cost of the survey of Senator WARNER and myself, I offer (4) The continuing viability of the United shall be borne by the Board. an amendment which would extend the States space launch industrial base is a crit- (d) ADDITIONAL TERMS AND CONDITIONS.— authority for the Secretary of Defense ical element of any strategy to ensure the The Secretary may require such additional to engage in commercial activities as long-term ability of the United States to as- terms and conditions in connection with the security for intelligence collection ac- sure access to space. conveyance under subsection (a) as the Sec- tivities. I send that amendment to the (5) The Under Secretary of the Air Force, retary considers appropriate to protect the as acquisition executive for space programs interests of the United States. desk. in the Department of Defense, has been au- The PRESIDING OFFICER. The Mr. WARNER. Mr. President, I un- thorized to develop a strategy to address derstand this amendment has been clerk will report the amendment. United States space launch and assured ac- The legislative clerk read as follows: cess to space requirements. cleared. Mr. LEVIN. It has been cleared on The Senator from Michigan [Mr. LEVIN], (b) SENSE OF CONGRESS.—It is the sense of for himself and Mr. WARNER, proposes an Congress that the Under Secretary of the Air this side. amendment numbered 3953. Force should— The PRESIDING OFFICER. Without (1) evaluate all options for sustaining the The amendment is as follows: objection, the amendment is agreed to. United States space launch industrial base; The amendment (No. 3955) was agreed (Purpose: To extend the authority of the (2) develop an integrated, long-range, and to. Secretary of Defense to engage in commer- adequately funded plan for assuring United Mr. WARNER. I move to reconsider cial activities as security for intelligence States access to space; and collection activities) (3) submit to Congress a report on the plan the vote. On page 90, between lines 19 and 20, and in- at the earliest opportunity practicable. Mr. LEVIN. I move to lay that mo- sert the following: Mr. WARNER. Mr. President, the tion on the table. The motion to lay on the table was SEC. 346. TWO-YEAR EXTENSION OF AUTHORITY amendment has been cleared on this OF THE SECRETARY OF DEFENSE TO side. agreed to. ENGAGE IN COMMERCIAL ACTIVI- AMENDMENT NO. 3956 TIES AS SECURITY FOR INTEL- The PRESIDING OFFICER. Without LIGENCE COLLECTION ACTIVITIES objection, the amendment is agreed to. Mr. LEVIN. Mr. President, on behalf ABROAD. The amendment (No. 3954) was agreed of Senators AKAKA and INHOFE, I offer Section 431(a) of title 10, United States to. an amendment which would authorize, Code, is amended by striking ‘‘December 31, Mr. LEVIN. I move to reconsider the as a force protection measure, the re- 2002’’ in the second sentence and inserting vote. placement of a public road at Aviano ‘‘December 31, 2004’’. Mr. WARNER. I move to lay that mo- Air Base, Italy. Mr. WARNER. Mr. President, the tion on the table. The PRESIDING OFFICER. The amendment is cleared on this side. The motion to lay on the table was clerk will report the amendment. The PRESIDING OFFICER. Without agreed to. The legislative clerk read as follows: objection, the amendment is agreed to. AMENDMENT NO. 3955 The Senator from Michigan [Mr. LEVIN], The amendment (No. 3953) was agreed Mr. WARNER. Mr. President, on be- for Mr. AKAKA, for himself and Mr. INHOFE, to. half of Senator HUTCHISON of Texas, I proposes an amendment numbered 3956. June 21, 2002 CONGRESSIONAL RECORD — SENATE S5885 The amendment is as follows: (C) To make a contribution to a host na- The motion to lay on the table was (Purpose: To provide authority to use mili- tion authority for purposes of carrying out agreed to. tary construction funds for construction of the project. AMENDMENT NO. 3957 a public road to replace a public road adja- (D) To provide vehicle and pedestrian ac- cent to Aviano Air Base, Italy, closed for cess to landowners effected by the project. Mr. LEVIN. Mr. President, I send an force protection purposes) (2) The acquisition of property using au- amendment to the desk on behalf of thority in subparagraph (A) or (B) of para- At the end of title XXIII, add the fol- Senators AKAKA and INHOFE, which lowing: graph (1) may be made regardless of whether or not ownership of such property will vest would extend the authorization for a SEC. 2305. AUTHORITY FOR USE OF MILITARY fiscal year 2000 military construction CONSTRUCTION FUNDS FOR CON- in the United States. STRUCTION OF PUBLIC ROAD NEAR (c) INAPPLICABILITY OF CERTAIN REAL PROP- project at Lackland Air Force Base, AVIANO AIR BASE, ITALY, CLOSED ERTY MANAGEMENT REQUIREMENT.—Section TX. FOR FORCE PROTECTION PUR- 2672(a)(1)(B) of title 10, United States Code, POSES. The PRESIDING OFFICER. The shall not apply with respect to any acquisi- clerk will report the amendment. (a) AUTHORITY TO USE FUNDS.—The Sec- tion of interests in land for purposes of the retary of the Air Force may, using amounts project authorized by subsection (a). The legislative clerk read as follows: authorized to be appropriated by section 2301(b), carry out a project to provide a pub- Mr. WARNER. Mr. President, the The Senator from Michigan [Mr. LEVIN], lic road, and associated improvements, to re- amendment has been cleared on this for Mr. AKAKA, for himself and Mr. INHOFE, place a public road adjacent to Aviano Air side. proposes an amendment numbered 3957. Base, Italy, that has been closed for force The PRESIDING OFFICER. Without protection purposes. The amendment is as follows: objection, the amendment is agreed to. (b) SCOPE OF AUTHORITY.—(1) The authority (Purpose: To authorize the extension of a fis- of the Secretary to carry out the project re- The amendment (No. 3956) was agreed cal year 2000 military construction project ferred to in subsection (a) shall include au- to. for a dormitory at Lackland Air Force thority as follows: Mr. LEVIN. I move to reconsider the Base, Texas) (A) To acquire property for the project for transfer to a host nation authority. vote. In the first table in section 2702(b), insert (B) To provide funds to a host nation au- Mr. WARNER. I move to lay that mo- after the item relating to Tinker Air Force thority to acquire property for the project. tion on the table. Base, Oklahoma, the following:

Texas ...... Lackland Air Force Base ...... Dormitory $5,300,000

Mr. WARNER. Mr. President, the AMENDMENT NO. 3959 project authorization in Korea. This is amendment has been cleared on this Mr. LEVIN. Mr. President, on behalf a different amendment. I send that to side. of Senators AKAKA and INHOFE, I send the desk. The PRESIDING OFFICER. Without an amendment to the desk which would The PRESIDING OFFICER. The objection, the amendment is agreed to. make a technical correction to a fiscal clerk will report the amendment. The amendment (No. 3957) was agreed year 2003 military construction project The legislative clerk read as follows: to. authorization in Korea and to the Mr. LEVIN. I move to reconsider the amount authorized for a military con- The Senator from Michigan [Mr. LEVIN], vote. struction project in Germany. for Mr. AKAKA and Mr. INHOFE, proposes an Mr. WARNER. I move to lay that mo- The PRESIDING OFFICER. The amendment numbered 3960. tion on the table. clerk will report the amendment. The amendment is as follows: The motion to lay on the table was The legislative clerk read as follows: agreed to. (Purpose: To modify the authority to carry The Senator from Michigan [Mr. LEVIN], out a certain fiscal year 2001 military con- AMENDMENT NO. 3958 for Mr. AKAKA and Mr. INHOFE, proposes an struction project for the Army) Mr. LEVIN. Mr. President, on behalf amendment numbered 3959. At the end of title XXI, add the following: of Senators AKAKA and INHOFE, I send The amendment is as follows: an amendment to the desk which would (Purpose: To make technical corrections to SEC. 2109. MODIFICATION OF AUTHORITY TO authorizations for certain military con- CARRY OUT CERTAIN FISCAL YEAR make a technical correction to the 2001 PROJECT. land conveyance at Westover Air Re- struction projects for the Army) The table in section 2101(b) of the Military serve Base, MA, in section 2824 of the In the table in section 2101(b), strike the Construction Authorization Act for Fiscal item relating to Landsthul, Germany, and bill. Year 2001 (division B of the Floyd D. Spence insert the following new item: The PRESIDING OFFICER. The National Defense Authorization Act for Fis- clerk will report the amendment. cal Year 2001, as enacted into law by Public The legislative clerk read as follows: Landstuhl ...... $2,400,000 Law 106–398; 114 Stat. 1654A–390) is amended by striking ‘‘Camp Page’’ in the installation The Senator from Michigan [Mr. LEVIN], In the table in section 2101(b), strike the or location column and inserting ‘‘Camp for Mr. AKAKA, for himself and Mr. INHOFE, item relating to Camp Walker, Korea, and Stanley’’. proposes an amendment numbered 3958. insert the following new item: The amendment is as follows: Mr. WARNER. Mr. President, the (Purpose: To make a technical correction re- Camp Henry ... $10,200,000 amendment is cleared on this side. garding the land conveyance, Westover Air The PRESIDING OFFICER. Without Reserve Base, Massachusetts) Mr. WARNER. Mr. President, the amendment is cleared on this side. objection, the amendment is agreed to. On page 336, beginning on line 10, strike ‘‘188 housing units’’ and insert ‘‘133 housing The PRESIDING OFFICER. Without The amendment (No. 3960) was agreed units’’. objection, the amendment is agreed to. to. Mr. WARNER. Mr. President, the The amendment (No. 3959) was agreed Mr. LEVIN. Mr. President, I move to amendment has been cleared on this to. reconsider the vote. side. Mr. LEVIN. Mr. President, I move to Mr. WARNER. I move to lay that mo- The PRESIDING OFFICER. Without reconsider the vote. tion on the table. objection, the amendment is agreed to. Mr. WARNER. I move to lay that mo- tion on the table. The motion to lay on the table was The amendment (No. 3958) was agreed agreed to. to. The motion to lay on the table was Mr. LEVIN. I move to reconsider the agreed to. AMENDMENT NO. 3961 vote. AMENDMENT NO. 3960 Mr. LEVIN. Mr. President, on behalf Mr. WARNER. I move to lay that mo- Mr. LEVIN. Mr. President, on behalf of Senators CLINTON and SCHUMER, I tion on the table. of Senators AKAKA and INHOFE, I offer offer an amendment which would mod- The motion to lay on the table was an amendment to make a correction to ify leasing authorities under the alter- agreed to. a fiscal year 2001 military construction native authority for acquisition and S5886 CONGRESSIONAL RECORD — SENATE June 21, 2002 improvement of family housing. I send does come to the floor with an amend- the United States has not forced, if you that amendment to the desk. ment. will, compliance of that contractual The PRESIDING OFFICER. The f commitment. clerk will report the amendment. A lot of people simply dismiss this as The legislative clerk read as follows: MORNING BUSINESS something we can put off. You can put The Senator from Michigan [Mr. LEVIN], Mr. LEVIN. Mr. President, I ask it off all right, but you are going to do for Mrs. CLINTON and Mr. SCHUMER, proposes unanimous consent that we go into a it at the expense of the taxpayers. This an amendment numbered 3961. period for morning business with Sen- was a contract. The ratepayers that The amendment is as follows: ators permitted to speak therein for up use nuclear energy paid into a fund. (Purpose: To modify leasing authorities to 10 minutes each. The Federal Government has held that under the alternative authority for acqui- The PRESIDING OFFICER. Without money to take the waste in 1998. The sition and improvement of military hous- objection, it is so ordered. Federal Government is in violation of ing) The Senator from Alaska, Mr. MUR- that contract. It is just that simple. At the end of subtitle A of title XXVIII, KOWSKI, is recognized. We have an opportunity and obliga- add the following: f tion to move. The House has moved, SEC. 2803. MODIFICATION OF LEASE AUTHORI- the Senate has not because the licens- TIES UNDER ALTERNATIVE AUTHOR- YUCCA MOUNTAIN RESOLUTION ITY FOR ACQUISITION AND IM- ing process is a first of its kind. No one PROVEMENT OF MILITARY HOUSING. Mr. MURKOWSKI. Mr. President, I anticipates it is going to move quickly (a) LEASING OF HOUSING.—Subsection (a) of want to bring to the attention of my or smoothly. Both the DOE and the Nu- section 2874 of title 10, United States Code, is colleagues the development on the clear Regulatory Commission indicated amended to read as follows: Yucca Mountain resolution, specifi- a great deal of work needs to be done ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary cally what it means, and share a few before any repository is licensed to concerned may enter into contracts for the realistic observations on just what we construct. The resolution is no real lease of housing units that the Secretary de- are talking about as we reflect on our guarantee that Yucca will be built, but termines are suitable for use as military obligation to address the waste in this family housing or military unaccompanied it certainly moves the process along. I housing. country. know that is what some don’t want to ‘‘(2) The Secretary concerned shall utilize In the past 2 days, I have come to the hear. I certainly hope it is not the case, housing units leased under paragraph (1) as Senate floor to speak in morning busi- but the reality is that we have no guar- military family housing or military unac- ness on S.J. Res. 34. I have spoken gen- antee that the Department of Energy companied housing, as appropriate.’’. erally on the need to move this resolu- will be able to meet the licensing re- (b) REPEAL OF INTERIM LEASE AUTHORITY.— tion and the procedure under which the quirements imposed by the NRC. Section 2879 of such title is repealed. resolution will move. I was pleased to (c) CONFORMING AND CLERICAL AMEND- We have an obligation to move this MENTS.—(1) The heading for section 2874 of see that the two leaders had an oppor- process along under the structure that such title is amended to read as follows: tunity to discuss this earlier in the was agreed to many years ago. Now, it ‘‘§ 2874. Leasing of housing’’. day. I think it is fair to say that, clear- is true the NRC has issued a sufficiency (2) The table of sections at the beginning of ly, we are left with the appropriate letter that indicates the Commission subchapter IV of chapter 169 of such title is procedure, which simply mandates that believes the DOE will, at the appro- amended— any Member may bring this up upon priate time, have sufficient informa- (A) by striking the item relating to section recognition of the Chair at any time. tion to apply for and receive the li- 2874 and inserting the following new item: So it is quite appropriate that the lead- cense, but only time and additional ‘‘2874. Leasing of housing.’’; and ers related the parliamentary proce- work will tell. Opponents of Yucca (B) by striking the item relating to section dure. Mountain have indicated, for instance, 2879. I want to speak specifically about that we should not pass this resolution Mr. WARNER. Mr. President, the what the resolution does and does not because there are a number of unre- amendment has been cleared on this do. This seems to be a point of conten- solved technical issues. As a matter of side. tion in the minds of some. The resolu- fact, there are issues that both DOE The PRESIDING OFFICER. Without tion merely reaffirms the present rec- and NRC have agreed will be resolved objection, the amendment is agreed to. ommendation of Yucca Mountain as a in the licensing process. The amendment (No. 3961) was agreed suitable site for this Nation’s perma- There are a number of other issues to. nent geologic repository. That is sim- that should have been raised, such as Mr. LEVIN. Mr. President, I move to ply all there is to it. It does not license transportation, that cannot and should reconsider the vote. the repository. It does not build a re- not be resolved prior to making the de- Mr. WARNER. I move to lay that mo- pository. It does not start the transpor- cision regarding licensing of Yucca tion on the table. tation of spent fuel from reactors to- Mountain. Transportation to and from The motion to lay on the table was morrow or the next day. It does not Yucca will be resolved in the licensing agreed to. start transportation of high-level nu- process. To use it now is as a scare tac- Mr. WARNER. Mr. President, I in- clear waste from the Department of tic—which some have suggested—or a tend to remain for a period of time in Energy weapon sites. It does none of reason to vote no on the resolution is case any Senator comes to the floor. those things. irresponsible. Then we will consult on such time as The resolution gives the Department I want to point out that, for the past we recommend to the leadership if this of Energy the go ahead to begin the li- 30 years, the United States has seen bill is laid aside, and such morning censing process with the Nuclear Regu- close to 3,000 shipments of spent fuel business time as may be, in the leader’s latory Commission and that is simply and high-level waste go across the sur- judgment, appropriate. all there is to it. face of our country—the railroads and In a few minutes I hope to address Now, I have already given, in a series the highways—and not one of these the Senate with regard to the NATO of presentations, a little background of shipments has resulted in a harmful re- forthcoming enlargement issue, as well the fact that we have collected some lease of radiation. We are doing this as those issues relating to other mat- $17 billion from ratepayers in this now and we are doing it safely. These ters which are important. I have some country, and that the Federal Govern- are the existing transportation routes visitors at this moment, so I will have ment signed a solemn contractual com- on this chart—the interstate highways to absent myself from the floor. mitment to take the waste in 1998. The from the State of Washington through Mr. LEVIN. Mr. President, I thank Federal Government has breached the Idaho. It goes from Hanford, and you the Senator from Virginia. I will also sanctity of that contract. It is esti- pick up the National Laboratories, you be available in the event someone with mated that the damages and suits pick up Rocky Flats, Los Alamos, and an amendment does come to the floor. against the Federal Government are the Livermore Lab in San Francisco. I have to leave also for a few minutes, somewhere in the area of $40 billion to This is the route of movement of but I will be available for some time to $70 billion. That is an obligation to the waste. It moves over to South Carolina join you and welcome anybody who U.S. taxpayers because the Congress of and up and down the east coast. It June 21, 2002 CONGRESSIONAL RECORD — SENATE S5887 moves to Savannah. It moves to the tinue for the life of the repository. In Baltimore, Washington, Chicago, and Waste Isolation Plant, WIPP, where sum, I cannot think of any reason ex- out on the west coast, L.A., and a lot of most of this is concentrated, but cer- cept perhaps plain old opposition, other places as well because right now tainly not all of them. which we have a little bit of here, to it looks as if, starting in the latter The point is, the waste has been mov- the fact of the repository itself and the part of next week, Amtrak will begin ing around the country—military realization of putting off a vote on the an orderly shutdown of its operations, waste—for a long period of time. There resolution, which is the business at and there will be a cascading effect are no demonstrations, there are no hand. that will also lead to disruption of particularly extraordinary methods. The science is going to continue commuter operations in all those cities In this photo, you can see the truck through the licensing process and well and many others I did not mention. hauling the waste. It is in canisters beyond. Transportation matters will be Amtrak is running out of operating that can withstand fire. At one time, addressed thoroughly in the licensing funds for this fiscal year. They expect we had the capability of designing a process by the appropriate agencies. to run out of operating funds sometime cask that could stand a free fall of Plus, we already have an excellent in early July. The new president of 30,000 feet and it would not penetrate record in that area upon which to Amtrak has announced his intention to the interior. So we have built these build. The decision is not being rushed. try to negotiate a loan for Amtrak casks adequately and safely. It is something that has been in the from a consortium of commercial Some have indicated that these works for over two decades. banks, which Amtrak has done any waste shipments are only a few. I think As we look at the competence of our number of times in the past, for oper- it is to the contrary. This chart shows nuclear program development, whether ating moneys to bridge a period of time spent fuel shipments regulated by the it be military, whether it be nuclear until the new Federal grant comes NRC from 1964 through the year 2000. submarines that are on patrol con- through or to negotiate money for cap- We have had almost 3,000 shipments. stantly, whether it be under our agree- ital improvements to Amtrak. Those negotiations were underway in We shipped over 1.7 million miles and ment to reduce our nuclear capability earnest early this week. I understand we have had zero radiation releases. by cutting up some of the old sub- the auditors for Amtrak were not able For low-level radiant waste shipments marines, by removing, if you will, the to say with conviction that Amtrak to WIPP from 1997 to 2001, we have had reactors, we have competent people in was a going concern because, in part, of 896 shipments, and we shipped about charge of this operation. Anything less the announcement of the administra- 900,000 miles. So we have a total of 3,800 that would suggest we cannot move tion yesterday for the Amtrak restruc- shipments total, 2.6 million miles, with this waste is simply an excuse for inac- turing plan, which is really, in my no harmful radiation releases. tion. judgment, an Amtrak dismantling We have the technology and, obvi- Every Member has to reflect on an ously, if we can build reactors to gen- plan. obligation that after we set up a proce- Rather than Amtrak being able to erate power, we certainly have the ca- dure to take the waste in 1998, cer- pability to transfer and transport the negotiate the bridge loan with private tainly the Federal Government should lenders to carry them through the end energy, the rods that go in the reac- honor the terms and conditions of that tors. Nobody seems to say anything or of the year when our new appropriation contract, and Members should not look might be available, Amtrak faces a have any great concern about the reac- for an excuse to simply punt on this cutoff of its operations, again, the im- tor fueling process itself or how the issue. pending effect on commuters through- fuel is shipped across the country. But The bottom line is, let’s face it, I say out this country late next week. we have this hue and cry that somehow to my colleagues, and the simple re- The Presiding Officer and I have dis- it is dangerous to move this waste on ality is, nobody wants this waste. Po- cussed this situation any number of our highways and railroads. We have litically, it is dynamite. We have waste times in the year and a half we have that capability. We have responsible stored in Hanford, the State of Wash- been here, and we have discussed it people—scientists, engineers—who are ington, Savannah, we have waste more earnestly in the last week or two. competent to move this. Some suggest stored up and down the east coast. Do I am mindful of the efforts he is mak- we should resolve this in a town hall we want to leave it there, where it is ing to avert what could be a disaster. meeting atmosphere. We need experts, unprotected, or do we want to move it They are efforts that are supported by engineers, technicians. They are stak- to one place on which we can agree? any number of our colleagues. ing their reputation—just as those who Let’s recognize the reality. We have ex- A week or so ago, 52 of us finished develop the nuclear energy industry in pended the funds. We made the com- putting our signatures on a letter to this country—on their capability to mitments. Now it is time to move. We the ranking members of the Senate Ap- move this safely. cannot dodge this for another Con- propriations Committee voicing our My point is that it has been done. It gress. support for a $1.2 billion appropriation is proven. This is military waste, but I thank the Presiding Officer for rec- for Amtrak in the next fiscal year. A now we are talking about private waste ognition and wish him a good day. I week or so prior to that, the Senate from our reactors. Some have also said yield the floor. voted to accept a provision included in this is a decision being made in haste; The PRESIDING OFFICER. The Sen- the Senate appropriations bill for an- that we ought to put it off for more re- ator from Delaware. other $55 million as part of an emer- solve. Nothing could be further from Mr. CARPER. Mr. President, I ask gency supplemental to enable repair the truth. We have spent 20 years in unanimous consent to speak as in work to begin on Amtrak locomotives, this process. We have expended over $4 morning business for 10 minutes. passenger cars, and sleeping cars that billion at Yucca drilling into the The PRESIDING OFFICER. The Sen- had been damaged in wrecks around mountain—I have been there; I have ate is in morning business. the country, wrecks, frankly, not gone in—to determine whether the site f caused by Amtrak or Amtrak’s neglect, is scientifically and technically suit- but because of trucks that were on the AMTRAK able for development of the repository. tracks in some places and because of This is not a decision that was made in Mr. CARPER. Mr. President, it is problems with track bed outside the haste. This is a decision that has been Friday. The weekend starts for most Northeast corridor that led to a derail- made actually over 24 years of exten- people today. It looks as if it is going ing. sive study by the world’s best sci- to be a great weekend whether at the That money is in the emergency ap- entists. Delaware beaches or the New Jersey propriations bill passed by the Senate As a consequence, I am confident in shore. Next weekend might start a lit- and is one of the items at issue in the the work done to date by the Depart- tle early for a lot of people in this conference. I have been led to believe ment of Energy. But this work will not country, for hundreds of thousands, the President has threatened to veto cease with this recommendation on the maybe millions of commuters from even those moneys as part of the emer- resolution. On the contrary, scientific Trenton, NJ, to New York, Con- gency supplemental if they remain in investigation and analysis will con- necticut, Philadelphia, Wilmington, the bill. S5888 CONGRESSIONAL RECORD — SENATE June 21, 2002 We are looking at a train wreck. It did in 1970. We have problems with air for the good that passenger rail service seems to me we look at a train wreck pollution that are as bad, or maybe can provide us with respect to conges- about every year close to this time. worse, than the problems we faced in tion, air congestion, highway conges- I wish to take a moment this morn- 1970, certainly with respect to global tion, with respect to reducing the emis- ing to look back over time. I would warming and carbon dioxide in our at- sions into our air, and with respect to like for us to go back to 1970. That was mosphere. We have a trade deficit in reducing our reliance on foreign oil and when Amtrak was created. Amtrak was this country that makes our trade def- trying to curtail, at least a little, our created because our Nation’s private icit woes of 1970 pale by comparison. trade deficit. railroads did not want to continue to Over half of our oil is imported, and What should the future passenger rail carry passengers. They could not make that number is growing. In the 1970s, service be in this country? In my judg- money doing that. They wanted out of not even a third of our oil was im- ment, it ought to include making the the business. Then-President Richard ported. Northeast corridor world class. As to Nixon signed into law legislation cre- National passenger rail service will the beautiful Acela Express train serv- ating Amtrak. not solve all of these problems for the ice that is now available, we are not The deal was the private railroads United States, but it will help us to re- able to harness the full potential of would pony up some money to buy Am- duce the size of those problems. We can those trains from Washington to Bos- trak stock. They agreed to turn over take a lesson from our neighbors, our ton because of the work that can and all of their old locomotives, their old sister nations in Europe and in Asia, should be done to the track bed, to the passenger cars, their old dining cars, and we ought to do that. overhead wires, to the signaling sys- their old sleeper cars. They agreed to There are a whole series of things tem, to enable the trains to go 150 or turn over their old track bed in the that need to happen this year and next. 160 miles an hour, which is faster than Northeast corridor between Wash- I want to mention those, and then I in many places they can now go. ington and Boston, old overhead wires, will close. We need to pass an emer- old signaling systems, old repair shops gency appropriations bill that includes We need to begin developing high- around the country, old train stations, at least $55 million so the work can speed rail corridors in other parts of and give all that to Amtrak. begin on repairing wrecked trains in this country, the southeastern United Somehow Amtrak, with a little seed order to provide service to people, espe- States and Florida, in and out of At- money, was to make a go of, and begin cially the Auto Train south of Wash- lanta. The Northeast corridor finally turning a profit from, operations that ington to Orlando, FL, where Amtrak should be extended at least into Vir- the private sector could not make prof- actually makes money. We need to ginia, maybe as far as Richmond. I itable. It did not happen. We should not keep that money in the supplemental know there are people in North Caro- be surprised that it did not happen be- appropriation. It would be great to lina who would like to see the North- cause it has not happened in other grow it, but we at least need to keep east corridor extended into North Caro- countries either. that money. lina where they are investing in pas- For those Americans who this sum- The White House has, in my judg- senger rail service on their own. mer are going to be traveling to places ment, a moral responsibility. Having There are any number of densely pop- in Europe—England, France, Spain, acted this week in a way that I believe ulated corridors such as out of Chicago, Italy, Germany, up into Scandinavia— disrupts Amtrak’s ability to negotiate Chicago/St. Louis, Chicago/Milwaukee, throughout Europe, they are going to a private sector loan from a consor- Chicago/Indianapolis, Chicago/Detroit, ride on trains that will almost take tium of banks for $200 million to carry where it makes a lot more sense for their breath away, beautiful trains, them through the end of this fiscal people to travel on high-speed trains trains that run at speeds of close to 200 year, the administration should use instead of on commuter airlines that miles an hour, trains where one can sit their discretion, authorized under law, are going less than 300 miles. with a cup of coffee or a cup of tea on as I understand, through the FRA, to On the west coast, whether it is L.A. the table and it does not even rattle or provide a loan guarantee so that Am- to San Diego or maybe L.A. to Las vibrate. trak can obtain the money it needs to Vegas, L.A. to San Francisco, Port- Americans are going to be traveling avoid the kind of disruption we are land, Spokane, Seattle, Portland-Se- to places in Asia this summer, and going to begin witnessing by next attle, Seattle-Vancouver, those are they will ride trains in Japan and other weekend if nothing is done. areas that are just ripe for high-speed countries that provide a similar high- We need to take up in the Senate the passenger rail. The challenge for us is quality, fast, dependable service. In Amtrak reauthorization bill, which has how to raise the money to put in place those countries, the private sector does cleared the Committee on Energy and the infrastructure, the high-speed rail not operate that train service. The na- Commerce by a vote, I think, of 21 to 3. capability, the track bed, the overhead tional governments of those nations Senator HOLLINGS has been a champion wires, the signaling, to be able to pro- have decided it is in their naked self- for passenger rail service. He has au- vide the service where it would be used. interest to invest their taxpayers’ dol- thored very good legislation. Many of lars in national passenger rail service. us have cosponsored it. We need to The former chairman of the Amtrak They do not do it out of some sense of take it up, and we need to pass a mo- board of directors who succeeded me on altruism. They do it because they real- tion to proceed and debate it. the Amtrak board, and preceded me on ize that in order to relieve congestion If people want to offer amendments the Amtrak board, is former Wisconsin on their highways and in their airports, to it, that is all well and good. We de- Governor Tommy Thompson, now Sec- passenger rail can make a big contribu- bate amendments, vote them up or retary of Health and Human Services. tion toward reducing that congestion. down, and then move on to the bill. He and I believe, as do many others, in- Those countries, those governments, Fifty-two of our colleagues in the Sen- cluding many in this body, there needs realize that in order to reduce their de- ate have said: We believe Amtrak to be a dedicated source of capital for pendence on foreign oil and to reduce ought to be funded at $1.2 billion next passenger rail service in this country their trade deficits, passenger rail serv- fiscal year, and we need to go forward. to make world class the Northeast cor- ice can make a real contribution. As we take up the appropriations bill, ridor, to begin developing, in conjunc- They have problems with clean air in we need to provide that money through tion and coordination with the right- those countries as well, and they real- the appropriations process in the Sen- of-way of freight railroads, the high- ize, compared to the emissions that ate and work with our colleagues in speed corridors in these densely popu- come out of their cars, trucks, and the House and in the administration. lated areas of America. vans, that the emissions emitted by Finally, we need a good, healthy de- I was struck to learn a couple of passenger trains are far less. bate on what the future of passenger years ago that 75 percent of the people We have similar kinds of concerns in rail service should be in this country. I in America today live within 50 miles this country. We have congestion realize that the heydays of passenger of one of our coasts. Think about that. around our airports and on our Na- rail of the 1800s and the early 1900s are As time goes by, the density of our tion’s highways worse by far than we behind us, but there is still a huge need population, especially in those coastal June 21, 2002 CONGRESSIONAL RECORD — SENATE S5889 areas, will not diminish, it will in- ities on the track bed of a freight rail- tural changes at Amtrak. And Sec- crease. The potential good that pas- road, Amtrak would share the profits retary Mineta has said that without senger rail service can provide for us with the freight railroads. Amtrak these big changes, whatever they may will increase as well. would have a way to supplement its be, the administration will oppose Con- Not everybody wants to ride a train costs and to underwrite its costs of the gressional attempts to increase funding from one end of the country to the long-distance trains which, frankly, do for Amtrak. The Senate should not be other. Some people do, but a lot of peo- not make money. cowed by this kind of bullying. The ad- ple could benefit by riding a train in a Amtrak has entered into an agree- ministration could have been a full densely populated corridor. A lot of ment with, I believe it is the Bur- partner in this process by raising these people every day ride the longest train lington Northern-Santa Fe Railroad, to concerns last year, or even before the in the world, and that is the Auto be able to do that kind of thing, and it committee considered the National Train that leaves just south of Wash- has attempted to negotiate with other Rail Defense Act. ington, DC, down to near Orlando, FL, freight railroads. That could be part of Instead, the administration has cho- and back every day. a solution as well. I am not sure there sen to take a position that is diamet- There are people who ride trains that is consensus in this body as to what the rically opposed to the goals of the Na- go through spectacular parts of Amer- long-term passenger rail system should tional Defense Rail Act, which now has ica. They go along the northern part of be in this country. I am not sure we 35 cosponsors. Rather than give Am- America, the Northwest, and the Coast know. trak the resources it needs to run a for- Starlight from the west coast from one We do know if we do not do some- ward-looking, national rail system, it end of California up to the Canadian thing, if the administration does not do seeks to tear down our national rail border. People are willing to pay good something, by next weekend we are system and replace it with a model money to ride those trains. going to have a train wreck. Not a lit- similar to the failed British model of I think one of the big questions we eral train wreck but a figurative train rail privatization. The administration face is, What do we do with the other wreck. A lot of people who will want to would like to have a regional passenger rail system, based on a model that is long-distance trains where Amtrak is go to work next Thursday or Friday universally derided for its inefficiency unable to provide service and out of the are not going to get to work or they and its lack of safety. The British expe- farebox pay for the full cost of the will end up in traffic jams in and rience has shown us that safe, efficient, service? I was always frustrated as around their cities and communities, reliable service cannot be done on the Governor that when Delaware received the likes of which they have not seen cheap. But that kind of short-sighted Federal transportation monies, we did for a long time. Maybe on the brighter penny-pinching is exactly what the not have the discretion to use any of side, some people who didn’t want to go President has in mind. This strategy that money to help pay for passenger to work next Thursday or Friday will could strip countless communities, in- rail service in our State, which did not get a long weekend. For them, maybe cluding several in Massachusetts, of make sense. that is good. For our Nation, this is not For example, we could use our Fed- train service, further reducing trans- good. portation alternatives in those parts of eral congestion mitigation money in We need to address this issue. We my State—other Governors could in our country. need to address it today. The adminis- Much as the administration would their States —for freight railroads. We tration has that capability of address- like to score philosophical points with could use it for roads and highways. We ing it today. The administration conservative think tanks, the issue could use that Federal congestion miti- should use discretion as provided to the here is not who actually runs the gation money for bicycle paths. We Federal Railroad Administration to use trains and maintains the tracks. The could not use it for passenger rail serv- the loan guarantee to enable Amtrak fact is that the most important issue ice, even if it made sense for our to go forward for us to have an orderly for Amtrak is funding, and whether we States. That is foolish. That ought to debate over this fiscal year to deter- want to dedicate the sort of funds that change. This Senate has tried to mine the long-term course for pas- will be necessary to maintain and en- change it any number of times. We senger rail service in America. hance a national passenger rail net- have not gotten the support we need Mr. KERRY. Mr. President, I would work, and whether we want to try to from the other body. Sometimes we like to respond to the comments made build high-speed rail corridors into have not gotten the support we need yesterday morning by the Secretary of that network. from the administration. We should Transportation in regards to Amtrak. In his remarks yesterday, Secretary give Governors and mayors the discre- Frankly, I am puzzled by his remarks Mineta said ‘‘The country can ill afford tion to use a portion of their money to yesterday, puzzled because many of us to throw billions of Federal dollars at help underwrite the cost of long-dis- in this body have been calling for the Amtrak and just hope its problems dis- tance trains that are not fully sustain- administration to take a position on appear.’’ He is right about one thing: able. Amtrak’s future since last July, when We cannot wish away Amtrak’s prob- A number of years ago when I was on a group of us met with Secretary Mi- lems. But Amtrak’s biggest problem is the Amtrak board, we started an exper- neta and Federal Railroad Adminis- that, for 30 years, we have given it just iment to see if Amtrak might partner trator Rutter. Earlier this year, when enough funding to get by, but never with the freight railroads, when oper- the Commerce Committee prepared to enough to be truly viable. In his most ating outside the Northeast corridor, mark-up the National Defense Rail recent review of the company’s fi- to carry things other than people, such Act, we again sought the administra- nances, the Department of Transpor- as mail, express packages, but also to tion’s input. The administration did tation’s Inspector General mused, ‘‘It’s carry other commodities, even perish- not raise any significant objection, and amazing that Amtrak has gotten this able commodities, that are highly time the bill was reported favorably by the far.’’ While Amtrak has limped along sensitive in terms of getting where committee by an overwhelming mar- on insufficient funding, our highways they are needed. gin. have become choked and our skyways A lot of times, shippers will use Indeed, the only thing we knew of the will soon be once again strained beyond trucks because they believe there is a administration’s feelings toward Am- their capacity. greater reliance in terms of on-time trak was that the Office of Manage- Now we hear that Amtrak is prepared performance, and especially in shorter ment and Budget refused to release the to shut down as soon as next week un- distances, but a greater ability than $100 million in funding that the Con- less it receives immediate financial as- trucking to provide on-time perform- gress appropriated late last year for sistance. This will leave 22.5 million ance, and we started an experiment to improved security on trains and in sta- riders without train transportation. see if maybe we could carry not only tions. Let’s be clear: The administration, by people but commodities as well, and After a full year of being AWOL on virtue of its non-involvement in this specially designed cars attached to this issue, the administration suddenly issue, will bear the responsibility for Amtrak trains. If Amtrak were able to announced that it would like to see this unprecedented blow to our na- make money carrying these commod- massive, but vaguely defined, struc- tional transportation network. I would S5890 CONGRESSIONAL RECORD — SENATE June 21, 2002 like to know how the administration The legislative clerk proceeded to proposed that this bill not leave the will handle the immediate extra bur- call the roll. Senate floor with less than $500 million den placed on other transportation Mr. DASCHLE. Mr. President, I ask for this purpose. modes. Rather than put $200 million unanimous consent that the order for Regrettably, according to news sto- into Amtrak, it appears they would the quorum call be rescinded. ries, the White House feels $500 million prefer to continue to spend billions The PRESIDING OFFICER. Without is too much for AIDS this year. more on already-clogged highways and objection, it is so ordered. Under pressure from the White skyways. f House, several Republican Senators We must remember that this Nation withdrew their support for adding $500 has spent less than 4 percent of our Na- THE PRESIDENTIAL INITIATIVE TO REDUCE AIDS TRANSMISSION million for AIDS this year, and the ef- tion’s transportation budget on inter- fort failed. The Senate was forced to city passenger rail over the life of Am- Mr. DASCHLE. Mr. President, settle for $200 million. trak. We’ve spent more than $300 bil- Wednesday I was asked by a member of Just $200 million to fight a deadly lion spent on highways, nearly $200 bil- the press about the President’s an- disease that already infects 40 million lion on airports and just $35 billion on nouncement of an initiative to spend people and is projected to infect mil- inter-city passenger rail in 32 years. $500 million, including $200 million lions more. As Amtrak’s ridership has increased Congress has already approved for the So, while I find Wednesday’s an- despite its financial condition, that is current fiscal year, to fight the global nouncement an encouraging indication not good enough anymore. AIDS pandemic by targeting the trans- I would also add that Amtrak’s place of a growing awareness within the ad- mission of the disease from mothers to ministration of the need to engage in in the $2-trillion Federal budget is infants. tiny. We spend $150 billion per year on the battle against the international I applauded the President and his de- AIDS crisis, the resources it is willing debt service alone, but just $521 million cision. His participation in the bipar- on inter-city passenger rail. The Com- to commit to this challenge still fall tisan campaign to combat this inter- far short of what is needed. And far merce Committee’s bill, authorizes full national health crisis is welcome and funding for Amtrak’s security, oper- short of what I believe this great na- significant. tion is capable of and should be doing. ating and capital needs. For the first It is important to understand, how- As for availability, the President’s time in its 30-year history, we would ever, that the President does not initiative sets aside $300 million in fis- appropriately fund passenger rail. pledge any new resources until 2004. cal year 2004, 16 months from now. I think a lot of criticisms frequently And the overall amount of resources he Based on UN estimates, over those raised about Amtrak are indeed war- does commit to, while important, isn’t next 16 months, more than 1.1 million ranted. Its management structure is enough. babies could contract HIV. The Presi- top-heavy and unwieldy. The com- The human toll this health crisis has dent’s plan aims to prevent just 146,000 pany’s new president has already an- already inflicted on this country and infections in 5 years. nounced plans to restructure manage- the world is staggering. ment. That is a positive step, but we Every twelve seconds, one person dies Again, these resources are welcome, can and should reserve judgment on due to complications from AIDS. Every but I cannot help but feel that we have the success of that restructuring until minute, one of those people is an in- just missed a tremendous opportunity. it is fully implemented. fant. When we wait to dedicate the resources Amtrak is not sufficiently insulated Each day brings 14,000 new infections, necessary to fight this battle, we make from political pressures. That is also a with half of those infected under the our eventual victory against this legitimate concern, and one that must age of 25. threat harder—and more costly. be addressed. Language inserted in the There are currently 30 million people Does the administration truly believe National Rail Defense Act would take a with HIV in Africa, and the National that this $300 million could not be step toward ensuring that decisions Intelligence Council estimates that spent wisely and well now? If not, why? about route terminations are made number could double in the next five So I come to the floor this afternoon based on objective financial criteria. to offer to work with the President and Still, we must do more to ensure that years. And, as if these numbers are not my colleagues to do two things with re- Congress provides oversight of the tragic enough, there is one more stag- gard to the new initiative. company, without unduly burdening it. First, because the transmission of Clearly, the company’s fiscal prob- gering statistic: by the end of this dec- HIV from mother to child is an area lems have been exacerbated by the ade forty-four million children will where we know we can reduce the Congress’s unrealistic requirement have lost their parents to AIDS. spread of HIV, it is vital that we in- that Amtrak meet an ‘‘operational It is also important to understand crease funding in the area of mother- self-sufficiency.’’ As a result, Amtrak that, as these statistics demonstrate, to-child transmission. But it is not explored a wide variety of revenue op- the international community doesn’t enough to keep children from being in- tions, with varying degrees of success. have the luxury of time in reversing fected with HIV in utero. We should The new CEO, David Gunn, has ex- the spread of AIDS worldwide. Good in- pressed a desire to return Amtrak to tentions must be matched by commen- commit to a major effort to treat the its fundamental mission of moving peo- surate resources if we are to reverse mothers and other family members al- ple. current trends. ready infected with the deadly virus so As these changes in the company are Earlier this month, against the back- that children, free from the virus at implemented, I believe it would be a drop of those horrific—and mounting— birth, will grow up not as orphans, but grave mistake to allow the termination numbers, the Senate debated its with the support of their families. of Amtrak. And make no mistake, that version of the FY2002 emergency sup- Second, I do not believe we should is the road we are headed down. So I plemental appropriations bill. Prior to wait until 2004 to put this initiative urge my colleagues to work toward an the Senate’s consideration of this im- fully into action. We should include the appropriation that will allow Amtrak portant legislation, a bipartisan group full $200 million in this year’s supple- to stand on solid financial ground in of Senators urged the Appropriations mental, and we must find significant, the short term, and toward passage of Committee to provide additional re- additional resources in the next fiscal reauthorization legislation that allows sources in this bill to combat AIDS so year. our country to develop high-speed rail that funds to address this problem On a bipartisan basis during the last corridors without sacrificing tradi- could be released right away. two years, Congress has significantly tional rail service. Unfortunately, the The committee responded by includ- increased the amount of resources the administration’s plan does neither of ing $100 million to fight AIDS and President has sought for the global those things. other diseases in the supplemental. HIV/AIDS battle. And we must do so I suggest the absence of a quorum. And before the Senate could take up again. The PRESIDING OFFICER. The the committee’s work, a group of sen- In announcing Wednesday’s initia- clerk will call the roll. ators—Democratic and Republican— tive, President Bush said, ‘‘The wasted June 21, 2002 CONGRESSIONAL RECORD — SENATE S5891 human lives that lie behind the num- say again today that I urge those in po- Government of Israel, and such spokes- bers are a call to action for every per- sitions of authority—whether in this men or government as may exist son on the planet and for every govern- country, in Israel, or in the Palestinian amongst the Palestinians, to come in ment.’’ Authority—to look at this daily loss of and provide a peacekeeping force, that He is right. life on both sides and do all they can to they should seriously entertain wheth- Our nation has begun to heed that bring about a cessation of this tragic er or not NATO could carry out that call, but our commitment to beating conflict. mission. back this disease and our compassion Eventually the two sides will sit NATO has done it with professional for the millions who now suffer—com- down and try to work out some agree- excellence in the Balkans, both in Bos- pel us to do much, much more. ment for a lasting and permanent nia and Kosovo. It is quite interesting I yield the floor. peace. A number of us had the oppor- that among the beneficiaries of those The PRESIDING OFFICER (Mrs. tunity to visit with President Mubarak peacekeeping operations have been a CARNAHAN). The Senator from Virginia. when he came to Washington a few significant proportion of the Muslim Mr. WARNER. Madam President, I weeks ago. Likewise, a number of us population. So NATO has clearly estab- thank the distinguished leader for the had the opportunity to visit with lished in Kosovo and Bosnia, an oppor- assistance he has given, together with President Sharon when he recently vis- tunity for the people in those countries the Republican leader, in moving this ited. I recognize the Presiding Officer to come together and begin to form a bill forward. I am going to address the was involved in those consultations. government that will improve their Senate momentarily on an aspect of However, it seems to this Senator that quality of life, certainly an improve- this bill, I say to the majority leader, President Mubarak and President ment from what I witnessed when I and then he can give us guidance as to Sharon are miles apart in their views first went there in the fall of 1991 and when this bill can be set aside. as to how to bring about a resolution of saw of the ravages of war. Parliamentary inquiry: It is this Sen- this conflict. I explained this yesterday to those ator’s understanding the Senate is in I read today that certain persons in Ambassadors. I also said the following. morning business. our Government are trying to impress I can remember the days right in this The PRESIDING OFFICER. The Sen- upon several nations, which have been Chamber when there were heated de- ator is correct. actively involved in trying to bring bates, particularly after the dramatic Mr. WARNER. I ask unanimous con- about peace in the Middle East, to be- fall of the Berlin Wall. That wall came sent we return to consideration of the come more active—specifically with down. Ronald Reagan is to be credited bill so I may address certain sections of Arafat, to impress upon him the need in history for being instrumental in the bill. to exercise his authority to stop this getting that wall to come down, ending The PRESIDING OFFICER. Without tragic killing. the cold war and hastening the demise objection, it is so ordered. At the same time, there are certain of the Soviet Union. Mr. WARNER. At the conclusion of elements within the Israeli Govern- I can remember the people of the my remarks, I request we again lay ment that want nothing to do with United States through their elected aside the bill and return to morning Arafat. So on the one hand, people are representatives saying, Should we not business. going to Arafat to try to get him to do now lessen our contributions to NATO? The PRESIDING OFFICER. Without something and, on the other hand, peo- And they are very significant dollar objection, it is so ordered. ple are saying we would not deal with contributions, and leadership, man- f him even if he were to do something. power, and equipment. Much of his infrastructure has been In this bill that we are on right now NATIONAL DEFENSE AUTHORIZA- eroded in this conflict. We know not, at is $200 million and a fraction of new TION ACT FOR FISCAL YEAR least this country does not, what ex- taxpayer money—$205 million for the 2003—Continued actly is the political structure among military budget of NATO. That follows Mr. WARNER. Madam President, pe- the Palestinian people and their ability approximately $50 million in assistance riodically I have addressed the Senate to convey through Arafat, or another authorized and appropriated by this on my concerns regarding the tragic leader, their views towards a cessation Chamber several months ago in the strife in the Middle East. I did so on of hostilities. context of the Freedom Consolidation May 2 of this year and in the RECORD of But this brings me to the question Act. that day are my comments with regard regarding NATO and the admission of In this one fiscal year alone—it may to the situation as of that date. Re- new countries. Yesterday I had the dis- be two, and I will have to check that— grettably, the situation has continued tinct privilege, along with other Sen- roughly $255 million. That is a signifi- to worsen. ators, to welcome in the Senate all 19 cant contribution by our taxpayers. Our President is actively engaged Ambassadors from the NATO nations And, that doesn’t even begin to capture with the Secretary of State and the who have convened here in Washington the costs the American taxpayers bear Secretary of Defense. I have had the for a series of meetings with our Gov- in keeping over 100,000 military per- opportunity to speak to all of them ernment. It is a very interesting group. sonnel permanently stationed in the about this situation and express my I said to them, in all candor: I am European theater. views. now in my 24th year in the Senate and I said to those Ambassadors that this I know of no conflict of recent times I am a strong supporter of NATO. I said year there will be strong support for that is more serious, in terms of how that they are the trustees of the NATO the NATO budget, as there should be. its tentacles are far reaching through- of the future. That alliance has been NATO is doing a remarkable job in the out the world. It is affecting, in some the most successful military alliance Balkans and elsewhere. We are strong way, our ability to pursue terrorism in the contemporary history of man- supporters. worldwide. It is affecting our ability to kind. It has achieved its goals. But also in the Senate yesterday, his- take further actions to bring about our On the 50th anniversary of NATO, the tory was made. The Senate is roughly goals in Afghanistan. It is affecting the leaders of NATO convened here in 214 years old. It was the first time that planning that this Nation must make Washington. At that time they added a in one hearing room—the Armed Serv- from time to time—not referring to provision to their charter which clari- ices Committee where I was present— war plans, but just planning—as to how fies any doubt that NATO has the au- under the advise and consent proce- we deal with Iraq. Iraq is continuing, thority, subject to the concurrence of dure, we were hearing from a promi- under the leadership of Saddam Hus- the member nations, to engage in this nent four-star officer nominated to be- sein, to manufacture and warehouse war on terrorism and to selectively go come commander in chief of the North- weapons of mass destruction. I think into areas of dispute to perform crisis ern Command—a new command estab- the facts are irrefutable. response operations. lished primarily for the purpose of pro- At the core of all of this decision I said to them, quite candidly, that tecting the citizens of our 50 States, making is this continuing conflict in they should entertain the thought and coordinating the use of our U.S. the Middle East. I have said and I will that, should NATO be invited by the military to protect our States. Stop to S5892 CONGRESSIONAL RECORD — SENATE June 21, 2002 think. This Nation has felt itself secure the history since the formation of our I am not entirely sure what the behind two great oceans for those 214 Republic have our troops marched be- threats are that most concern these years of our Senate—secure because of yond the shores of this Nation to ac- nations aspiring to NATO membership. the strong relationships we have to the quire and take the lands of others. To Europe basically is peaceful today, but north with Canada, and to the south the contrary, each and every time they they look to NATO to ensure their pro- with Mexico and our Central and South have marched, they have marched in tection as sovereign nations. That they American neighbors. But our President the cause of freedom to end tyranny should do. But, are they equally pre- has wisely concluded—and I commend and aggression and restore rights to pared to contribute to the military or- and support him—we must set up a sep- oppressed peoples. ganizations in NATO. arate military command for the pur- That is what this Nation stands for. The Senate, for that purpose, author- poses of protecting the citizens of our We respect those who pursue the Mus- ized $55 million to help the aspirant na- 50 States. lim faith, as we respect the right of all tions improve their militaries to meet In another hearing room was a dis- to pursue their faith without fear of the standards established by NATO for tinguished civilian witness—Governor persecution. We are fortunate in this new members. That is a very important Tom Ridge, the President’s Homeland Nation to have hundreds and hundreds process. Security Adviser—introducing a pro- of thousands of persons who have emi- I have always believed in the past posed Department of Homeland Secu- grated from the Muslim nations of the that perhaps we moved too quickly in rity, the head of which will have the world to follow the Muslim faith, to inviting new nations to join NATO, but responsibility of marshaling the assets come to our United States and take up I will put that aside for the moment. of this Nation’s military, intelligence, citizenship and to participate with But I do ask those aspirant nations to police, National Guard, and all types of equal vigor and enthusiasm in our way begin to focus on the trouble spots in coordination required, again to protect of life and the goals of this Nation. We Europe, the trouble spots in the Middle citizens in their homes, in their towns, are very proud to have them here. East, and say to themselves, if NATO I think we have to begin to send a in their villages, and in the cities of were to become involved: Are we will- message to that part of the world in ing to shoulder our proportionate part the United States of America. every way we possibly can. There ex- That was a profound day yesterday— of the responsibilities which could in- ists a very skillfully set up means of a very profound crossroads in the his- volve our troops becoming peace- communication, primarily through one tory of this country. keepers in the Middle East? Stop to television station that is followed As I talked with the NATO Ambas- think about that. every day by many in the Arab world sadors, I felt compelled to make the I believe, in the course of the delib- which portrays and misrepresents this point that our country is placing addi- erations on NATO enlargement, those Nation to the Arab world. It exploits tional burdens upon its taxpayers to questions should be put specifically to the sense of discouragement that exists protect us here at home with this new the aspirant nations desiring to join. I in the region and engenders more and military command and this new Cabi- commend our Ambassador, Ambassador more ferment, which is then directed net position, an entirely new entity of Burns, U.S. Ambassador to NATO. He at Israel and the West, but most spe- the Federal Government. is extraordinarily well schooled, a cifically, at our Nation. highly principled professional, devot- It is to be an amalgamation of some The conflict in the Middle East be- 150 different entities, and that will ing his life to diplomacy. He is the tween Israel and the Palestinian people right man at the right time in that change as we debate its ultimate com- generates—I cannot quantify it, but position. But the bottom line is, our particular job. that seemingly unending conflict gen- So, Mr. President, I feel very strong- people are properly looking to this erates hatred that grows and multi- ly about this. I know my views are not Government under our able President plies in the Arab world and is ulti- shared at the moment. Perhaps the to begin in earnest to marshal all of mately directed towards this country. President will take cognizance of this our assets, as we have been doing for That is why I think we should look at proposal as he is preparing his very im- some months now since 9–11—but begin every single resource available to us to portant message on the Middle East. in earnest to establish a military com- try to bring about the cessation of However, I just think there is no cor- mand and a Cabinet position, adding those hostilities, while simultaneously ner of this problem that should not be great expenditures to our national de- encouraging governments in the region fully explored before it is summarily fense needs. to bring truth, democracy and oppor- rejected. Our President, the Congress and the tunity to their nations. I believe it We are making a very significant American people know homeland secu- would lessen some measure of the ha- contribution to NATO. It is important. rity is our most urgent priority. We tred being directed to this country— Hopefully, we will do it again next pray that the steps we are taking to hatred which results in daily and week- year. But in the ensuing year, as we prevent further attacks will be success- ly threats and warnings to the Amer- begin to prepare ourselves here at ful. But, if there are further attacks, ican people. home, all of the dollars of our budget our people will look inward more and I believe NATO should examine for then become under greater scrutiny. more to their defensive needs here at itself whether or not it could play a I think it would be important for home. role, if it were invited by both sides to NATO to at least consider—on the as- What are these threats that are re- come in, and provide a peacekeeping sumption that it is invited—a peace- quiring establishment of a new mili- role to enable the two warring factions keeping role in the Middle East. How- tary command, and a new Cabinet de- to sit down over a period of time—in ever, it cannot be forced upon the peo- partment? These threats are the mani- relative peace, secured by capable ple of Israel; they are very proud of festation of a centuries-old ethnic and NATO peacekeepers who are credible to their ability to defend themselves. religious differences, including small both sides and engender cooperation— However, I think it is important that elements of radical, fundamentalist and, hopefully, resolve their differences this proposal be considered by NATO Muslims whose message of hatred and and have a lasting peace agreement. and that the nations indicating a de- intolerance for the United States and I said that very clearly to these Am- sire to join NATO are likewise con- the West has found resonance amongst bassadors yesterday. I have said it on sulted as to their views. discouraged Middle Eastern youth. The the floor of this Senate. I will continue I suggest the absence of a quorum. unending cycle of violence in the Mid- to say it on the floor of the Senate. Be- The PRESIDING OFFICER. The dle East fuels this sense of despair. cause as we approach this issue of the clerk will call the roll. We should leave no stone untouched new nations joining NATO—and I have The assistant legislative clerk pro- to determine the roots of this hatred. been active in the past, and I will be ceeded to call the roll. Are there steps we can take to dem- active in the future—those nations I Mr. REID. Madam President, I ask onstrate to the discouraged residents think primarily are focused on what unanimous consent that the order for of the Middle East that we are a peace- NATO can do for them to give them the quorum call be rescinded. ful nation that fights for democracy, protection within their own specific ge- The PRESIDING OFFICER. Without freedom and individual rights? Never in ographic areas. objection, it is so ordered. June 21, 2002 CONGRESSIONAL RECORD — SENATE S5893 MORNING BUSINESS It doesn’t make sense to ship this 43 States, more than 60 million people The PRESIDING OFFICER. The Sen- waste and allow terrorists to use any will be within a mile of the possible ate will now return to morning busi- one of these shipments as the ultimate routes. Everyone should try this Web ness. ‘‘dirty’’ bomb. A successful attack on a site. spent nuclear fuel shipping cask would This Web site is telling the American f be extremely dangerous. Each truck people what the Department of Energy YUCCA MOUNTAIN cask would contain up to 2 tons of doesn’t want them to know: These pro- deadly material and each rail cask up posed shipments will go right by their Mr. REID. Madam President, I have to 11 tons. homes, right by the places they work, been sparing in my comments the last These casks are packed full of the right by the places where their kids go several months about the Yucca Moun- most dangerous high-level nuclear to school. There has been a big re- tain situation. Everyone acknowledges waste known to man. They contain Ce- sponse from the American people. This that a Republican will bring this up in sium-137, Strontium-90, and Pluto- Web site has been up for 10 days, and the next several weeks. We have had a nium-239. A release of less than 1 per- there have been well over 100,000 hits. series of people coming to the floor cent will affect tens of thousands of There is no rush to move forward. talking about nuclear waste. The Re- citizens, resulting in hundreds of long- The Nuclear Regulatory Commission publican leader talked about it today. term cancer deaths. This could shut Chairman has stated that if this Yucca We have had Senator CRAIG and Sen- down an entire city. Mountain project did not go forward ator MURKOWSKI speak about it several My friend, Senator CONRAD, was told today, it would be no big deal. He said times this week. by an expert that a ‘‘dirty’’ bomb it can be kept safely on site for dec- My colleague from Alaska, for exam- would make Washington, DC, uninhab- ades. More important, Yucca Mountain ple, this morning discussed the issue of itable for 400 years. nuclear waste and transportation. I can Spent fuel shipments to Yucca Moun- will never eliminate the waste that is remember Senator Bryan and I, when tain would create a target-rich envi- stored around the country. Everybody we had the pleasure of serving together ronment. DOE would make daily ship- within the sound of my voice should in the Senate, traveled to St. Louis. ments by barge, truck, and train, all understand the big lie the DOE and the The whole purpose of our trip was to going to the same place. There would nuclear power industry is projecting. meet with local officials about the be as many as six to eight shipments The big lie is that the 131 sites where transportation of nuclear waste. We each day. There are very few targets we have waste now will be reduced to did. now. There would be hundreds of tar- one site. Well, the fact is, that will We went to the governing body of St. gets, thousands of targets if we go for- never happen. It will never happen be- Louis. We talked to them. We had a ward. According to the NRC, there cause there are 46,000 tons there now. very nice visit. We visited an editorial have only been at most one or two They can move 3,000 tons a year, but board. We were on a radio station or shipments per week in the entire coun- they produce 2,000 tons a year. So do two there. try over the past 10 years. Current the math. You will fill Yucca Mountain As a result, the people who run the shipments are harder to attack because before it ever opens. Remember, when you take out a city of St. Louis passed a resolution they go to many different destinations. spent fuel rod, 95 percent of the heat, saying: We don’t want nuclear waste For the DOE to say ‘‘we have never the radioactivity is still in it. It is so transported through St. Louis. had an accident’’ isn’t true. If you pin hot the only thing they can do with it If you can explain the issue to people, them down, they will say we have had is stick it in water for 5 years to cool they recognize quickly it is not a good no ‘‘reported’’ releases. Again, DOE has it off. After 5 years, they can put it idea. So that is why I want to respond proposed putting tens of thousands of into a dry cask storage container. So to some of the points raised by my these casks out on the roads, water- this statement that they will only have friend from Alaska. He discussed, for ways, and railways without a transpor- example, the shipments of waste to the one site is not true. It is a big lie. tation plan. It would not be as bad if There will always be 131 sites, plus WIPP facility, the waste isolation they had a plan they had let the Con- project in New Mexico. Comparing Yucca Mountain, plus all the trucks gress and the American people scrub, and trains. So instead of having one those shipments to the proposed spent and if they had done an environmental fuel shipment at Yucca is like com- site, we are going to have hundreds of impact statement, but they have not thousands of sites. paring a squirt gun to the most modern even done that. They have not done an So when my friends march down here tank in America. They are just com- environmental assessment. and say this is nothing, it is like mov- pletely different substances. The items Don’t take my word for it; look at ing the stuff to New Mexico, I repeat being shipped to WIPP are things such what the Secretary of Energy said on my analogy of a squirt gun compared as rags, tools, and laboratory equip- the subject: to the most modern tank in America; ment. These are not spent fuel rods, The DOE is just beginning to formulate its that is the comparison. The American which would give you a lethal dose of preliminary thoughts about a transportation people need to understand that the mil- radiation in less than 3 minutes if you plan. lions and millions of dollars spent by stood near them. You could be exposed After 9–11, proceeding with Yucca the nuclear power industry is money to it for a matter of seconds and get Mountain without a transportation that has been spent to deceive and mis- sick. plan is reckless and irresponsible. The lead the American people. With the news of terrorists pursuing Congress has the responsibility to hold I hope my friends on the other side of radioactive materials and weapons of the Department accountable. That can the aisle will do the right thing and mass destruction, now more than ever only come from rejecting this reckless vote for the good of their constituents, we need to be vigilant in protecting the resolution. not for the good of the big lobbying ef- welfare of the American people. The I mentioned on the floor recently fort that has been conducted in Wash- decision to approve or reject the Yucca that there is a Web site which was ington over the last 20 years, and not Mountain site is the most important started to educate the American people go the way of the many fundraisers or transportation decision of this new about these shipments. It is the way of the vacations that have century. This decision could bring as www.mapscience.org. Anybody within been paid for by the Nuclear Energy In- much as 100,000 shipments of high-level the sound of my voice, go to your com- stitute, where they send people to Las nuclear waste by truck through our puter and try this out. All you have to Vegas for a week so they can look at towns and communities, as many as do is put in your address. It doesn’t the hole in the mountain. I hope they 20,000 train loads. This year we learned matter where it is in the United will vote in their constituents’ best in- they may ship some of it by barge - the States. You put your address in and it terests. most poisonous substance known to will tell you where the nearest nuclear Jim Hall is a member of the National man — traveling by our schools, our reactor is and where they are going to Academy of Engineering Committee on homes, our churches, our places of ship the waste—how close it will come Combating Terrorism and was Chair- business. to your home. We know that in at least man of the National Transportation S5894 CONGRESSIONAL RECORD — SENATE June 21, 2002 Safety Board from 1994 to 2001. This ar- to the Government. USEC pays the a unified effort to reduce the flow of ticle appeared in the New York Times Russians for the uranium, and recovers drugs from Colombia, while simulta- the day before yesterday. Among other its costs when it resells the uranium to neously promoting human rights and things, he said: nuclear utilities. The price paid by economic development throughout the Secretary Abraham has said there is plen- USEC was originally set in the HEU country. It is essential that we build ty of time to create a transportation plan be- Agreement and has since been subject on that investment during the new ad- fore Yucca Mountain begins receiving nu- to negotiation between the parties. ministration of President-elect Uribe. clear waste eight years from now. But safety Some time ago, USEC and Tenex Indeed, I am pleased that President- issues will almost certainly get short shrift reached an agreement on a new mar- if they are not addressed before the reposi- elect Uribe has said that he looks for- tory site is approved. Congress needs to force ket-based mechanism for determining ward to the day when Colombia is not the Department of Energy to reassess the the price USEC will pay Russia for fu- sending a single kilogram of cocaine to dangers of transporting high-level nuclear ture deliveries. Yesterday, the State the United States. To make that a re- waste and develop a secure plan before pro- Department announced that the Gov- ality, we must ensure that coca grow- ceeding with the Yucca Mountain project. ernments of the United States and the ers in the poor regions of Colombia f Russian Federation have approved the have access to alternative economic RUSSIAN URANIUM AGREEMENT new pricing mechanism. opportunities, and that they take ad- The new pricing mechanism puts the vantage of those opportunities to get Mr. BINGAMAN. Mr. President, both program on a more commercial basis. out of the coca business for good. We the Department of Energy and the De- It does away with the need for the two must also promote human rights and partment of State have made impor- governments to renegotiate the price the rule of law in Colombia; otherwise, tant announcements this week relating periodically. By basing the price on the cycle of violence and narco-traf- to the so-called ‘‘Russian HEU Agree- market conditions, the new mechanism ficking that is draining the livelihood ment.’’ This agreement is not widely provides a more stable and predictable of the country will ultimately lead to known, but it is enormously important procedure for determining future prices total state collapse, and to even more to our national security, and I would and should help ensure the long-term narco-trafficking and perhaps support like to take this opportunity to call it success of the program. for terrorism in the ruins of such a to the attention of the Senate. In addition, this past Tuesday, the Under the HEU Agreement, the Rus- failed state. Department of Energy announced that sian Federation is converting 500 met- With the visit to Washington this it had signed an agreement with USEC ric tons of highly enriched uranium week of a new President-elect, this is that resolves a number of issues be- from dismantled nuclear weapons into an opportune time to reflect on some of tween them. Earlier, there had been low-enriched uranium fuel for nuclear the new directions in our bilateral rela- talk of the Government replacing power plants. The United States then tionship with Colombia. In particular, USEC as its executive agent under the buys the low-enriched uranium for nu- this provides an appropriate oppor- clear power plants in this country to Russian HEU deal or appointing mul- tunity to step back and evaluate the use to generate electricity. tiple agents. Under the accord an- effectiveness to date of our various pol- The benefits of this program, which nounced on Tuesday, the Department icy objectives in Colombia. We must is sometimes called the ‘‘megatons to of Energy agreed to recommend that consider, for example, whether our ini- megawatts program,’’ are obvious. Nu- USEC continue to serve as the Govern- tiatives have been effective in reducing clear weapons scrapped under the pro- ment’s sole executive agent, and USEC the levels of violence in the country, in gram can never be used against us. committed to meeting the annual de- seeking accountability for grave Weapons-grade uranium blended down livery schedules in the Russian HEU human rights violations, and in cutting and consumed in power plants can agreement over the remaining years of off the narco-traffickers who provide never fall into the hands of terrorists the agreement. both financing and incentives for insur- or rogue states. The Russian HEU Agreement serves gent forces. We must also ask whether The United States and Russia en- us well. Each Russian warhead that is our policy in Colombia provides an ef- tered into the HEU Agreement in 1993. dismantled and each ton of weapons- fective balance of military assistance The program will neutralize the equiv- grade uranium that is converted to and well-managed development sup- alent of 20,000 nuclear warheads over commercial reactor fuel reduces the port. And we have an obligation to the its 20-year life. More than 150 metric risk of nuclear proliferation and en- people of Colombia to consider the tons of highly enriched uranium, the hances our security. USEC has made human and environmental effects of equivalent of nearly 6,000 nuclear war- great progress implementing the pro- our ongoing fumigation campaign. heads, have already been converted gram over the past 8 years. The two an- In reflecting on the situation in Co- into low-enriched reactor fuel. Another nouncements made this week give us lombia today, one thing remains abso- 350 metric tons, the equivalent of 14,000 hope for further progress in the years lutely clear: The status quo in Colom- more warheads, are slated to be con- ahead. bia cannot be justified. The prolonged verted over the remaining 12 years. f Although the Russian HEU Agree- civil war, which is fueled by lucrative THE PRESIDENTIAL ELECTIONS IN ment is a government-to-government narco-trafficking, has created a vola- COLOMBIA agreement, it is being implemented for tile society, with untold suffering and the Russian Federation by Tenex and Mr. FEINGOLD. Madam President, I a seemingly endless cycle of grave for the United States by USEC Inc. wish to take this opportunity to ex- human rights abuses. The narco-traf- USEC was originally established by the press my support for the Colombian fickers have prospered, the guerrillas, Energy Policy Act of 1992 to run the people following the Presidential elec- and increasingly the paramilitaries, Department of Energy’s uranium en- tion in Colombia on May 26. I was have offered the narco-traffickers hired richment plants as a business. When pleased to cosponsor a resolution last protection, and they, too, are pros- the Russian HEU Agreement was first week welcoming the successful comple- pering from this deadly relationship. It executed, USEC was wholly owned by tion of democratic elections in Colom- is the people of Colombia, the average the United States Government and it bia. It is a tribute to the Colombian farmers and the honest citizens, who was tapped to implement the agree- people that despite significant threats must pay the price of the war. That ment as the Government’s ‘‘executive and violence, both international and price can be counted in the number of agent.’’ In 1998, the Government sold national election observers found the lives lost or displaced in Colombia. But USEC to private investors pursuant to elections to be free and fair. we must also count the lives lost to the USEC Privatization Act, but re- I am also pleased that the President- drugs and violence on our own streets tained the private company as its exec- elect of Colombia, Alvaro Uribe Velez, in the United States. Such vast costs utive agent for the Russian HEU pro- has been in Washington this week to are wholly unacceptable. gram. discuss U.S. support for counter- So, where do we go from here? First Remarkably, USEC is able to conduct narcotics operations. The United and foremost, we must continue to the Russian HEU program without cost States has already invested heavily in scrutinize the relationship between the June 21, 2002 CONGRESSIONAL RECORD — SENATE S5895 Colombian military and the para- taxpayer nor the vast communities in is one reason why children in the U.S. military forces in the country. The Co- Colombia that have already been dev- are more likely to die of gun violence lombian military has been taking steps astated by the war can afford to see than from all natural causes combined. to sever its ties with the such a significant U.S. investment in In recognition of National ASK Day, paramilitaries, but I am worried that Colombia fail. We cannot and must not parents, children, community leaders, those steps have not translated into abandon Colombia. But at the same and neighbors across the nation plant- meaningful progress on the ground. As time, we cannot delude ourselves about ed flowers as a symbol of the more the United States considers supporting the efficacy of our policy thus far. Crit- than 3,000 children that PAX estimates the counter-insurgency operations of ics of U.S. policy in Colombia, and in could be saved through the simple mes- the Colombian military, we must guar- many cases I have been among them, sage of the ASK campaign. antee that Colombia takes seriously its raise valid questions about the com- It is critical that we do all we can to obligation to seek out and prosecute mitment of the military to the rule of keep children from gaining unsuper- the paramilitaries. And we must re- law and to protecting civilians. They vised access to firearms. That is why I member that by most accounts, the raise important questions about the cosponsored Senator DURBAN’s Child paramilitaries today are more respon- consequences of fumigation and the Access Prevention Act. Under this bill, sible than any other terrorist group for economic prospects for farmers who adults who fail to lock up loaded fire- the massive war crimes committed in agree not to plant coca. It is our re- arms or an unloaded firearm with am- the country. sponsibility to weigh these points and munition could be held liable if a weap- We must also ensure that the Colom- to answer these questions, and where on is taken by a child and used to kill bian government commits its resources necessary, to adjust our policy so that or injure him or herself or another per- son. The bill also increases the pen- to a more robust investment in its own we get it right. For Americans and for alties for selling a gun to a juvenile institutions. We must never substitute Colombians, the stakes are too high to and creates a gun safety education pro- our own assets or personnel for an ap- do otherwise. gram that includes parent-teacher or- propriate level of investment by Co- f lombia in its own future. This must in- ganizations, local law enforcement and clude domestic support to institutions LOCAL LAW ENFORCEMENT ACT community organizations. This bill is of justice, and for the protection of ci- OF 2001 similar to legislation President Bush vilians, as well as responsible military Mr. SMITH of Oregon. Madam Presi- signed into law as Governor of Texas. I support to defend the civilian popu- dent, I rise today to speak about hate support this bill and hope the Senate lation from rebel and paramilitary at- crimes legislation I introduced with will act on it. I know my colleagues will join me in tacks. Senator KENNEDY in March of last recognizing National ASK Day, and I Finally, we must do more to ensure year. The Local Law Enforcement Act urge them to support Senator DUR- that communities that have already of 2001 would add new categories to BAN’s common sense gun safety legisla- been so hard-hit by the conflict have current hate crimes legislation sending tion. access to development opportunities to a signal that violence of any kind is rebuild their lives. Alternative devel- unacceptable in our society. f opment must be a cornerstone of any I would like to describe a terrible RATIFICATION OF NEW YORK effective counter-narcotics campaign. crime that occurred in January 1998 in TREATIES AGAINST THE SALE, Without alternative development, dis- Springfield, IL. A gay man was ab- TRAFFICKING, AND PROSTITU- placed communities will have only one ducted, tortured, and robbed. The TION OF CHILDREN AND rational economic option: to turn to attacker, Thomas Goacher, 27, was AGAINST THE USE OF CHILDREN the lucrative but illegal cultivation of charged with a hate crime, aggravated IN COMBAT the coca that drug lords are so eager to kidnapping, armed robbery and aggra- Mr. HARKIN. Madam President, it buy and protect. Quite simply, we must vated battery in connection with the gives me great pleasure to hail the give battered rural communities a via- incident. ratification of the Optional Protocol ble economic alternative to coca or I believe that government’s first duty Against the Sale of Children, Child poppy cultivation if we are ever to is to defend its citizens, to defend them Prostitution, and Child Pornography bring the wars in Colombia to an end. against the harms that come out of by the U.S. Senate this week. I applaud To date, our investment in such devel- hate. The Local Law Enforcement En- the strong leadership of Senator BIDEN, opment has been insufficient. And per- hancement Act of 2001 is now a symbol Chairman of the Senate Foreign Rela- haps as a result, we have also made lit- that can become substance. I believe tions Committee, and Senator HELMS, tle progress in stemming the flow of that by passing this legislation and the Ranking Member of that Com- drugs. Without more of a social invest- changing current law, we can change mittee, as well as Senator BOXER in ment in alternative development, I fear hearts and minds as well. bringing this new treaty to fruition. that the coca fumigation program that f The use, procuring, or offering of a is being supported by the United States NATIONAL ASKING SAVES KIDS child for prostitution, for the produc- will merely shift drug cultivation into DAY tion of pornography, or for porno- even more remote and ecologically sen- graphic purposes is included in the uni- sitive areas of the country. Mr. LEVIN. Madam President, yes- versal definition of the worst forms of So I rise today to congratulate the terday was the second annual National child labor in the International Labor people of Colombia on their successful Asking Saves Kids Day or ASK Day. Organization’s Convention 182 which Presidential election in May. That ASK is a national public health cam- this Senate ratified in 1999 on a 96–0 democratic institutions continue to paign that urges parents to ask their vote. Therefore, it is altogether fitting function in the midst of such violence neighbors and community members if and proper that we now follow through and intimidation is an impressive trib- they have a gun in the home before and adopt this new instrument of inter- ute to the Colombian people. But as sending their child over to play. The national law to crackdown worldwide the United States moves to support our ASK campaign helps to enable parents against the despicable acts of traf- new colleagues in the incoming govern- to protect their children from the dan- ficking and prostituting of children. ment in Colombia, we must continually ger of a gun that is not safety stored. This Optional Protocol gives special ask ourselves whether our intervention This is a sensible step toward pre- emphasis to the criminalization of the is achieving our policy goals, and venting gun violence. According to sale and trafficking of children as well whether it is making a difference to PAX, a non-political organization that as child prostitution and pornography. the lives of average Colombians. promotes solutions to the problem of It also stresses the importance of im- Carefully crafted U.S. support for Co- gun violence and sponsors the ASK proved international cooperation and lombia can make a difference. Indeed, campaign, over 40 percent of American coordination to combat the sexual ex- it must make a difference. But we must homes with children have guns. Many ploitation of children everywhere in monitor the effects of that support of these weapons are kept unlocked and the world, while also promoting height- very closely, because neither the U.S. loaded. Child access to these firearms ened awareness, more information S5896 CONGRESSIONAL RECORD — SENATE June 21, 2002 gathering, and public education cam- come. In approving this new stand- national Committee of the Red Cross. paigns to enhance the protection of alone treaty, we are affirming that the Accordingly, I want to particularly sa- children trapped in one of the worst American people believe that all chil- lute the leadership of my colleagues, forms of child labor. dren, given their vulnerability to adult Senator BIDEN, Chairman of the Senate For nearly a decade, I have been coercion and greed, deserve special pro- Foreign Relations Committee, and working hard to end the scourge of tection in international law and prac- Senator HELMS, the Ranking Member abusive child labor. It is a tragic and tice against sexual predators and ex- of that Committee, as well as Senator disturbing fact that millions of chil- ploiters. WELLSTONE and thank them for their dren under 18 years of age currently en- I also want to take a moment to say tireless work to see this treaty through dure slave-like conditions in brothels, how pleased I am that the Senate this to ratification. There is absolutely no back alleys, and hideaways that jeop- week has ratified the Optional Protocol justification for the forced or compul- ardize their basic health, safety and Against the Use of Children in Armed sory recruitment of children under 18 well-being. These children are being Conflict. for deployment into combat anywhere tricked, lured, and sold outright for As you know, I worked very hard in this world and I am proud that purposes of forced labor and exploi- with Senator HELMS, in particular, to America is doing our part to end this tation in the commercial sex trade of secure ratification of the International egregious abuse of human rights and prostitution and pornography. Labor Organization’s (ILO) Convention affront to common decency. In the European Union, the Inter- #182 to Prohibit the Worst Forms of f national Organization for Migration re- Child Labor. Our bipartisan efforts paid ports a marked increase in the number off when the Senate in November, 1999 FIRST RESPONDER TERRORISM of unaccompanied minors trafficked for ratified that important new human PREPAREDNESS ACT OF 2002 sexual purposes from Central and East- rights treaty on a 96–0 vote. Mr. SMITH of New Hampshire. ern Europe, Africa and Asia. Now included in the universal defini- Madam President, I rise to urge my In India alone, hundreds of thousands tion of the worst forms of child labor colleagues to support the First Re- of children exist in slavery-like condi- within ILO Convention #182 is the pro- sponder Terrorism Preparedness Act of tions for purposes of forced labor or hibition of forced or compulsory re- 2002 that I introduced along with the prostitution, according to the U.S. De- cruitment of children for use in armed committee chairman, Senator JEF- partment of State Country Reports on conflict. Therefore, the Senate’s action FORDS. This legislation is a huge step Human Rights Practices. this week on this Optional Protocol forward in providing the necessary UNICEF estimates that at least means the U.S. has followed through tools for local and state first respond- 200,000 children every year are traf- on our international commitment at ers to prepare to respond to any act of ficked into the Central and West Afri- the time that ILO Convention #182 was terrorism. can slave trade for purposes of forced under negotiation and joined the world We recognize that it is the local labor. community in universally condemning emergency responders who are on the In Mexico, a UNICEF study estimates and outlawing the recruitment and use scene first to rescue and help those that 16,000 children are victims of sex- of child soldiers. who have been caught in a disaster. I ual exploitation—many of them are It probably seems unthinkable to visited the Pentagon and Ground Zero prostituted in tourist destinations such most Americans that young children less than a week after the attacks and as Cancun and Acapulco. have been recruited, trained, and can tell you that these first responders In the United States, experts within turned into soldiers who are actively are true patriots, and they live and the Department of Justice estimate engaged in combat. The latest research serve us in every town and city across that at least 100,000 children are in- estimates that more than 300,000 chil- this great Nation. These local heros, volved in the sex trade in any given dren under 18 years of age are partici- the type of first responders who made year. Approximately 400 cases of Inter- pating in armed conflicts around the the ultimate sacrifice on September 11, net child pornography are prosecuted world. For example, there are an esti- are the embodiment of the American each year in the Federal courts alone. mated 50,000 child soldiers in Burma spirit—brave, selfless, and caring. They I am pleased to report, for example, alone. Hundreds of thousands more are save lives and we should focus our re- that a crackdown on Internet child members of armed forces who could be sources to help them with their mis- pornography was launched last year in sent into combat at any moment. Al- sion. Des Moines, the capital city of my own though most child recruits are over fif- Prior to his confirmation to be the home state. teen years of age, significant recruit- head of FEMA, nearly 9 months before A 1999 report issued by the Central ment starts at ten years, and the use of the terrorists attacks on this Nation, I Intelligence Agency estimated that up even younger children is not uncom- met with Joe Allbaugh to discuss to 50,000 women and children are traf- mon. FEMA priorities. Chief among the pri- ficked into the United States each Robbed of their childhood, child com- orities we discussed was that of ter- year. batants are subjected to a cycle of vio- rorism preparedness of our Nation’s We must not stand by while millions lence that they are too young to under- first responders. Little did we know of children are sold for purposes of stand or resist. While many of these what this Nation would be facing less forced labor and consigned to prostitu- young recruits may start out as porters than 9 months down the road. tion and pornography in order to sat- or messengers, too often they end up Since September 11, I have met with isfy adults who profit from their abuse. on the front lines of combat. Some are Director Allbaugh and his staff on sev- When presented with the dimensions of used for especially hazardous duty, eral occasions, and the Environment human trafficking in 2000, I joined 94 of such as entering mine fields ahead of and Public Works Committee, of which my colleagues in the U.S. Senate to ex- older troops, or undertaking suicide I am the ranking member, has held a press both our outrage over the crimi- missions. Some have been forced to number of hearings on this issue. nal behavior of child traffickers and commit atrocities against family mem- In January, I enthusiastically en- our support for the victims of traf- bers or relatives. Inexperienced and im- dorsed President Bush’s announcement ficking by passing the Trafficking Vic- mature, these children suffer far higher of his first responder plan to be run by tims Protection Act. casualty rates than their adult coun- FEMA. This bill, the First Responder This week we are taking more effec- terparts. Those who survive are often Terrorism Preparedness Act, mirrors tive action through ratification of the physically or psychologically scarred the President’s proposal and represents Optional Protocol on the Sale of Chil- for life. Typically lacking an education months of work by the Environment dren, Child Prostitution, and Child or civilian job skills, their futures are and Public Works Committee flushing Pornography. It is an important vic- often very bleak. the President’s proposal with the aid of tory in our effort to protect children Ninety-three percent of Americans the administration. everywhere. I look forward to con- believe that combatants should be at In brief, this bill will authorize a tinuing this effort with my colleagues least 18 years of age, according to a re- first responder grant program for 4 in the weeks, months, and years to cent poll conducted by the Inter- years at $3.5 billion per year. Each June 21, 2002 CONGRESSIONAL RECORD — SENATE S5897 State will receive a minimum of $15 Program office at the Electronic Sys- with the big voice’’—often dominated million with the remaining being dis- tems Center on Hanscom Air Force the radio and television news business. tributed to States based on criteria set Base. He will soon retire from the Air His rise and success in the industry has by FEMA but will include population, Force after 25 years of service. Today, been attributed to an imagination vital infrastructure, military installa- it is my privilege to recognize some of fueled by a strong sense of drama, and tions and proximity to international Colonel Chaffee’s accomplishments, his ability to craft a calm, orderly ob- borders. The money will be used for and to commend his service to the Air jectivity out of news ripe with dis- preparedness efforts including to pur- Force and our Nation. order, rawness, and uncertainty. chase equipment, train, develop re- Colonel Chaffee was born in Rock- Born on the west side of Detroit on sponse plans, conduct exercises and wood, TN, and began his Air Force ca- February 14, 1931, Jerry Blocker’s ar- provide for communication needs. We reer as a cadet at the U.S. Air Force rival on Valentine’s Day was ensure that the money does not get Academy. Early in his career, he was unheralded during the height of the tied up in bureaucracy and gets to the an Aeronautical Developmental Engi- Great Depression. Because of the De- first responders. neer at Wright Patterson Air Force pression, Jerry’s parents and family be- The bill also requires that all the ef- Base, OH, and later returned there as stowed upon him the only gifts they forts at the State and local level be the Program Manager for the F100–PW– could afford: an abundance of love and part of a broader national preparedness 220 engine. After multiple, high-level pride. Those generous gifts carried strategy as determined by the Office of acquisition positions at Headquarters dividends the remainder of his life. National Preparedness (ONP). The ONP in Washington, DC, he spent 2 years at During his early years at Columbian was put in place by the President over the Ogden Air Logistics Center at Hill and Sampson elementary schools, a year ago, a move I have been advo- Air Force Base, UT as a Program Di- Jerry Blocker thrived while partici- cating for some time, and the Presi- rector before arriving in May 2000 at pating in school plays. Later, while at- dent deserves a great deal of credit for Hanscom Air Force Base for his cur- tending McMichael Intermediate he be- that action. rent assignment. came interested in all activities associ- This bill takes the additional step of Throughout his career, Colonel ated with radio. By the time he establishing the ONP in statute. The Chaffee won numerous awards for per- reached Northwestern High School, it ONP will help to coordinate prepared- formance in the Acquisitions career was recognized that the ‘‘skinny little ness efforts at the Federal level and be field, including the General O’Malley kid with the big voice’’ was destined the point Federal office for the State Memorial Leadership Award in 1987 and for a future in the media. At Wayne and local responders. It is vital that we the Clements Award in 1985. Addition- State University in the mid-1950s, do not have thousands of independent ally, he was a Distinguished Graduate Jerry honed his broadcast skills but preparedness plans and efforts—we from Squadron Officers School and Air discovered that minorities were not to need a local, state, regional and na- Command and Staff College. He holds be found working in the broadcast busi- tional strategy. two master’s degrees, one in Aero- ness. His dream would have to wait. In The bill will also enhance the capa- nautical Engineering from the Air the late 1950s Jerry became a teacher, bilities of FEMA designated Urban Force Institute of Technology and one first serving at Hampton Institute in Search and Rescue teams. Many of in National Resource Strategy from Virginia, then with the Detroit Board those teams were activated on Sep- the Industrial College of the Armed of Education. His flair for the dramatic tember 11, but have had serious finan- Forces. became evident as he staged plays, pag- cial difficulties in maintaining ade- At Hanscom Air Force Base, Colonel eants, and festivals to the delight of quate levels of preparedness. That cer- Chaffee’s leadership contributed to the hundreds of children. tainly should not be the case and we Combat Air Forces Command and Con- In 1961, Jerry Blocker finally found address those needs. trol Systems Program Office being re- employment in the radio industry We all entered a new world and a new garded as a center of excellence for when WCHD entered the general-for- reality on September 11, and we must command and control and air battle mat radio market as the first of many be prepared for whatever may come our management. This office provides inte- stations. In 1967, Jerry became the first way. The President has done a tremen- grated mission critical command and black television news anchorman in dous job to dramatically reduce the control tools that help create air the state of Michigan, working for vulnerabilities of this Nation and I, tasking orders, plan combat sortie mis- WWJ–TV Channel 4, now known as once again, applaud his effort to estab- sions, and analyze weather information WDIV–TV. He was hired by Channel 4 lish a new Department of Homeland Se- for planned targets. Colonel Chaffee’s after the 1967 Detroit riots and an- curity. However, regardless of how support for improved processes and in- chored weekend newscasts until 1975. much we work to prevent further at- novation led to significant increases in After his departure from WWJ, Jerry tacks, we must be prepared if the un- program office performance. Blocker was hired as the television thinkable were to happen again. This Colonel David Chaffee has made a dif- news director of Channel 62, the first will be an ongoing effort and this bill ference during his service to the Air television station to actively recruit takes a very large step in providing the Force and our Nation. He displayed a from and program for Detroit’s Afri- resources and direction to ensure that commitment to the men and women in can-American community. Jerry the effort is productive. his charge and was well known for Blocker won several awards for his dis- I thank the chairman of the EPW mentoring junior officers. In addition, tinguished and accurate broadcast pro- Committee for his leadership and for throughout his demanding career, fessionalism. working closely with me on this impor- Colonel Chaffee has been a family man, During his 10-year career in tele- tant and bipartisan issue. It is my hope as he and his wife, Ann, raised three vision, Jerry Blocker witnessed and re- that our bill will make it to the Presi- daughters, Lauren, Katelyn, and ported the events which helped shape dent’s desk in short order. Jillian. I urge my colleagues to join me Detroit and the nation in the years im- mediately following the advent of U.S. f in commending Colonel Chaffee and thanking him for his years of service.∑ Civil Rights legislation: the assassina- ADDITIONAL STATEMENTS f tion of Reverend Martin Luther King, Jr., the challenge of the Detroit JERRY BLOCKER: IN HONOR OF NAACP and the Detroit Board of Edu- TRIBUTE TO COL. DAVID R. HIS ‘‘LIFETIME ACHIEVEMENT cation, which was eventually settled by CHAFFEE AWARD’’ PRESENTED BY THE the U.S. Supreme Court, and the tre- ∑ Mr. THOMPSON. Madam President, SOCIETY OF PROFESSIONAL mendous effect on the tri-county area today I pay tribute to a U.S. Air Force JOURNALISTS and on all of Michigan by the election officer, Colonel David R. Chaffee. Colo- ∑ Mr. LEVIN. Madam President, during of Coleman A. Young, Detroit’s first nel Chaffee currently serves as the Pro- the turbulent social unrest of the 1960s black mayor. gram Director of the Combat Air in the U.S. and particularly Detroit, In 1977, Blocker was named executive Forces Command and Control Systems Jerry Blocker—a ‘‘skinny little kid director of the Detroit branch of the S5898 CONGRESSIONAL RECORD — SENATE June 21, 2002 NAACP while at the same time hosting existed prior to World War II, most vis- light-hearted, good-natured sketches, a popular music show on radio station ually impaired people could not take Jack Jurden is retiring. He is not quite WQBH. During his spare time, Jerry full advantage of such services due to putting his pencils and paper in a draw- served as a mentor for Blacks in Adver- existing federal and state laws restrict- er permanently. Fortunately for us in tising, Radio, and Television. Blocker ing animals from entering buildings. Delaware, he has promised to produce a was also employed as the media But only three days after the most dev- few editorial cartoons a year. But I and spokesperson for the U.S. Census Bu- astating attack in American history, so many daily readers of Delaware’s reau in Michigan, Ohio, and West Vir- December 10, 1941, President Franklin largest newspaper will miss his black ginia. D. Roosevelt signed a law finally re- and white sketches that have added so In the 1980s, Jerry Blocker founded a quiring government buildings to admit much color and laughter to our lives. political campaign management firm, seeing-eye dogs. Today, during these Jack joined the News Journal in 1952 Jerry Blocker Enterprises, the oldest trying times, it is important for all of as a photo engraver. His real love was minority-owned political-consulting us to note that despite the turbulent drawing, so the News Journal decided and advertising agency in the Detroit political situation he faced after Pearl to take a chance on him as the edi- metropolitan area. Later, that agency Harbor, President Roosevelt still torial Cartoonist. In my opinion, that folded into Blocker and Associates, prioritized the needs of the visually is the best decision that newspaper Inc., so that Jerry could work with and impaired community by signing that ever made. mentor his young daughters, Nicole law. Jack’s start in the newspaper busi- and Shannon. Until the time of Jerry Sixty years later, the program insti- ness started long before his career with Blocker’s death on October 31, 2001, he tuted by Guide Dogs for the Blind the News Journal. Like many of us, as and his beloved daughters worked for served the nation on its darkest day a kid growing up, Jack was a news- public officeholders and candidates in since Pearl Harbor. During the horrific paper delivery boy. Fresh out of high their quests for victory at the polls. attacks against the United States on school in Allentown, PA, he put his ar- The Detroit Metropolitan Chapter of September 11, a blind man working on tistic talents on hold to serve his coun- the Society of Professional Journalists, the 78th floor of the World Trade Cen- try in World War II. As an army sol- SPJ, is honoring Jerry Blocker by pre- ter was led to safety by a guide dog dier, he was stationed in the Phil- senting him a posthumous Lifetime that had graduated from the Guide ippines and in occupied Japan. Achievement award to his family and Dogs for the Blind program. Guide Over the years, I am very fortunate friends. Said SPJ Chapter President dogs, now an essential part of so many to have gotten to know Jack well. His Jack Kresnak, ‘‘I wish we had honored lives, can be remembered along with love for his craft, his country and his Jerry before he died. He did a great job the selfless firefighters, police officers, community are surpassed only by his at our banquet a couple of years ago and rescue workers who sacrificed so love and loyalty to his family: his wife speaking on behalf of Bob Bennett who much to help others that day. of 50 years, Faye; his daughter Jenifer was getting a lifetime achievement Each and every staff member and vol- and his daughter Jan, who is a Superior award.’’ unteer at Guide Dogs for the Blind is a Court Judge in Delaware. These days I know my Senate colleagues will hero to their communities and to the Jack’s true love is his grandchildren. join me in congratulating Jerry people who benefit from their services. I realize this is not your typical Sen- Blocker for his tremendous accom- I rise to salute those associated with ate tribute. But I so admire this man plishments and encouraging others to the Guide Dogs for the Blind for their and his talent that I have many of his follow his distinguished example.∑ dedication and continued service to cartoons lampooning me framed in my f visually impaired people throughout office and in my home. So I will miss the country. Even in this era of innova- him. And I think I speak for thousands OREGON HERO OF THE WEEK tion, the blind and visually impaired of others in Delaware who have ∑ Mr. SMITH of Oregon. Madam Presi- would not have the same opportunities laughed heartily every morning with dent, I am pleased to rise today to afforded to the rest of us without the their coffee, their coworkers and their honor an outstanding organization lo- commitment of citizens like those as- family as they scan his take on events cated in my home State of Oregon. I sociated with Guide Dogs for the in our State and our world, always would like to congratulate Guide Dogs Blind.∑ looking for that little talking frog in for the Blind on its 60th anniversary of f the corner to offer some words of wis- providing exemplary service to the dom. blind and visually impaired community HONORING JACK JURDEN’S My very best wishes to him and his in Oregon and across the country. TALENT AND WIT family.∑ Guide Dogs for the Blind is a non- ∑ Mr. BIDEN. Madam President, I rise f profit, charitable organization that today to salute a man who has lam- provides guide dogs and training to the pooned me more than anyone else in RECOGNIZING IOWA STUDENTS visually impaired community through- Delaware throughout my 30 years as a WHO PARTICIPATED IN THE NA- out the United States and Canada. U.S. Senator. He has stuck me in the TIONAL HISTORY DAY CONTEST With approximately 10 million Ameri- mud, dirtied by political campaigns. He ∑ Mr. GRASSLEY. Madam President, cans categorized as blind or visually has sketched me swimming in an inner today I would like to recognize several impaired, Guide Dogs for the Blind per- tube fighting for NATO’s involvement remarkable young Iowans who put in forms an essential service that de- in Bosnia. He has put me in my place an impressive showing at the recent serves to be recognized in this body on in, an over-sized Chair to characterize National History Day contest. I am its 60th anniversary. my position on the Senate Foreign Re- very pleased to announce that a total The services provided by Guide Dogs lations Committee. He has donned me of eight entries from the great State of for the Blind, and organizations like it, in a wizard’s robe next to a giant cook- Iowa qualified for the national finals. will only become more important in ing pot simmering over a fire. Each of these talented young people the coming decades. Statistics show Yes, today I rise to salute a man represented their State with distinc- that people 65 years and older are at whose signature is a talking frog. tion and all Iowans can be very proud high risk of suffering from poor vision. Today I rise to salute a man who has of these students. On average, 144 Oregonians benefit made me laugh nearly every morning Gabriella Green, who attends Alan from guide dogs trained by Guide Dogs that I have opened my local newspaper Shepard Elementary in Long Grove, for the Blind every year, and as our for nearly the past 40 years and flipped took first place with a junior indi- population continues to grey, the need to the editorial page. vidual documentary entitled ‘‘Solution for guide dogs and organizations that Today I rise to salute long-time News to Hunger: Dr. Norman E. Borlaug and train them will almost certainly grow. Journal editorial cartoonist Jack the Green Revolution.’’ Amy Paul and The use of guide dogs has been in- Jurden. Katie Pauley of Indian Hills Jr. High in creasingly accepted over the course of After nearly four decades of his West Des Moines took first prize in the last century. Although guide dogs whimsical, witty, thought-provoking, junior group documentaries for ‘‘Grace June 21, 2002 CONGRESSIONAL RECORD — SENATE S5899 Hopper: Expanding Computer Hori- America contest by identifying its munities. Roswell is a community that zons.’’ Stephen Frese of Marshalltown largest community challenges and dis- has taken great strides to overcome its took the second place medal for his playing how the community has challenges. I commend the citizens of junior historical paper, ‘‘Wrestling worked together to make these chal- Roswell for striving to achieve a high with Reform: Iowa Coal Communities lenges areas of success. The people of quality of life and thus helping the and the Transformation of Childhood.’’ Roswell identified their biggest chal- State of New Mexico continue to be the In addition, Alex Cahill and Emily lenges as lack of access to health care land of enchantment. I would like to Green from North Scott High School and unemployment and then dem- congratulate the city of Roswell on took fifth place in the senior group per- onstrated how, as a community, they their great achievements and the well formance category with ‘‘The Works had worked to improve these areas deserved recognition of their efforts.∑ Progress Administration: Our Business over the past 3 years. f of Relief’’ and Elyse Lyons took sev- The city of Roswell highlighted three enth place in junior individual per- admirable projects that impacted their JUNETEENTH INDEPENDENCE DAY formances with ‘‘Alice Hamilton: areas of challenge including ‘‘Inciden- ∑ Mr. LEVIN. Madam President, this Friend of the Factory Worker.’’ tally Roswell,’’ the Youth Dental Ini- week people all across the nation are Johnston Middle School Student Abi- tiative and Dress for Success. Through engaging in the oldest known celebra- gail Bowman, who took eighth place in the ‘‘Incidentally Roswell’’ project the tion of the ending of slavery. It was in junior historical papers with ‘‘Mustafa community has successfully used the June of 1865, that the Union soldiers Kemal Ataturk: Reformer of Turkey,’’ historical extraterrestrial phenomenon landed in Galveston, TX with the news was invited to present her paper at the of Roswell to better its economy. The that the war had ended and that slav- Turkish Embassy while she was in the people of Roswell have worked to use ery finally had come to an end in the Washington, DC area for the national its historical exposure to increase tour- United States. This was two and a half competition. Laura Westercamp, a stu- ism thus creating more jobs and bring- years after the Emancipation Procla- dent at Kennedy High School in Cedar ing more money into the community. mation, which had become official Jan- Rapids, took eighth place in senior in- In their presentation the Roswell rep- uary 1, 1863. This week and specifically dividual exhibits with ‘‘Battle of the resentatives made light of the situa- on June 19, we celebrate what is known Bottle: The Woman, the Reaction, the tion by cleverly centering their presen- as ‘‘Juneteenth Independence Day.’’ It Reform’’ and was able to present her tation around questions asked by E.T. was on this date, June 19, that slaves in project at the Smithsonian Museum of Holmes, a space alien detective. Along the Southwest finally learned of the American History. with the economy the people of end of slavery. Although passage of the Lauren Appley, who attends Akron- Roswell also rightly focus on bettering Thirteenth Amendment in January Westfield School, took the ninth place the lives of the children in their com- 1863, legally abolished slavery, many award in junior individual papers with munity. Through the Youth Dental Ini- African Americans remained in ser- ‘‘Martha Graham: Revolutionary Ge- tiative Roswell is using Medicaid vitude due to the slow dissemination of nius of Modern Dance.’’ money to provide children with dental this news across the country. I would like to congratulate each of care. The program includes a dental Since that time, over 130 years ago, these Iowa students. The number of clinic at which patients can be treated the descendants of slaves have observed quality entries by Iowans in this na- as well as a dental van that goes to this anniversary of emancipation as a tional contest demonstrates the impor- schools to provide dental services to remembrance of one of the most tragic tance Iowans place on education. I children. Since 1999 the Youth Dental periods of our nation’s history. The would also like to take this oppor- Initiative the program has serviced a suffering, degradation and brutality of tunity to recognize the State Histor- remarkable 4,000 children in Chavez slavery cannot be repaired, but the ical Society of Iowa, which sponsors County. Roswell’s dedication to the memory can serve to ensure that no the National History Day program in well being of their children is both im- such inhumanity is ever perpetrated Iowa, as well as the American Legion pressive and commendable. And fi- again on American soil. of Iowa Foundation, which provides nally, Roswell presented their Dress for All across America we also celebrate funding for the program. Success program, which aids children the many important achievements of Again, congratulations to Gabriella, and adults to dress in an appropriate former slaves and their descendants. Amy, Katie, Stephen, Alex, Emily, manner to achieve success in their We do so because in 1926, Dr. Carter G. Elyse, Abigail, Laura, and Lauren. You schools and work places. This program Woodson, son of former slaves, pro- have done Iowa proud!∑ has shown especially good results in posed such a recognition as a way of f the Roswell school system through pro- preserving the history of African viding uniforms to the 86 percent of Americans and recognizing the enor- ROSWELL WINS ALL-AMERICA children who are in poverty in the CONTEST mous contributions of a people of great area. Through eliminating the visual strength, dignity, faith and convic- ∑ Mr. BINGAMAN. Madam President, clothing differences among the stu- tion—a people who rendered their today I recognize the impressive civic dents, Roswell is experiencing im- achievements for the betterment and achievements of Roswell, NM. These proved behavior, and increases in grade advancement of a nation once lacking civic achievements have not only point averages, attendance and self-es- in humanity towards them. Every Feb- bettered this New Mexico community, teem. Equally impressive is the fact ruary, nationwide, we celebrate Afri- but have earned Roswell the national that this program is fueled by the gen- can American History Month. And, honor of receiving an All-American erosity and concern of the community every year on June 19, we celebrate City Award. The All-America City for their children. The Dress for Suc- ‘‘Juneteenth Independence Day.’’ Award is the oldest and most respected cess program shows Roswell’s great Lerone Bennett, editor, writer and community recognition program in the support of their children and their de- lecturer has reflected on the life and Nation. This award recognizes commu- termination to help them succeed. times of Dr. Woodson. Bennett tells us nities, such as Roswell, whose citizens These three projects that strive for that one of the most inspiring and in- work together to identify and address civic betterment are only a glimpse of structive stories in African American community-wide challenges and the efforts Roswell is making in order history is the story of Woodson’s strug- achieve extraordinary goals. This year to make their city a noteworthy part gle and rise from the coal mines of Roswell not only met, but exceeded the of the Nation. It is a great honor for West Virginia to the summit of aca- selection criteria of the contest Roswell, as well as for the entire state demic achievement: through its enthusiastic public partici- of New Mexico, for this community to pation, its involvement of diverse per- receive the All-America Award. At 17, the young man who was called by history to reveal Black history was an untu- spectives in decisions, and its city ac- Through their dedication, patriotism, tored coal miner. At 19, after teaching him- complishments which have signifi- and hard work the people of Roswell self the fundamentals of English and arith- cantly improved community life. have shown that American citizens can metic, he entered high school and mastered Roswell met the challenge of the All- indeed make a difference in their com- the four-year curriculum in less than two S5900 CONGRESSIONAL RECORD — SENATE June 21, 2002 years. At 22, after two-thirds of a year at We have come a long way toward gency declared with respect to the Berea College [in Kentucky], he returned to achieving justice and equality for all. Western Balkans and maintain in force the coal mines and studied Latin and Greek We still however have work to do. In the comprehensive sanctions to re- between trips to the mine shafts. He then went on to the University of Chicago, where the names of Rosa Parks, Sojourner spond to this threat. he received bachelor’s and master’s degrees, Truth, Dr. Carter G. Woodson, Dr. Mar- GEORGE W. BUSH. and Harvard University, where he became tin Luther King, Jr, and many others, THE WHITE HOUSE, June 21, 2002. the second Black to receive a doctorate in let us rededicate ourselves to con- f history. The rest is history—Black history. tinuing the struggle and the struggle PERIODIC REPORT ON THE NA- In keeping with the spirit and the vi- ∑ for human rights. TIONAL EMERGENCY WITH RE- sion of Dr. Carter G. Woodson, I would f SPECT TO THE WESTERN BAL- like to pay tribute to two courageous KANS—PM 97 women, claimed by my home state of MESSAGES FROM THE PRESIDENT Michigan, who played significant roles Messages from the President of the The PRESIDING OFFICER laid be- in addressing American injustice and United States were communicated to fore the Senate the following message inequality. These are two women of dif- the Senate by Mr. Williams, one of his from the President of the United ferent times who would change the secretaries. States, together with an accompanying course of history. report; which was referred to the Com- The contributions of Sojourner f mittee on Banking, Housing, and Truth, who helped lead our country out EXECUTIVE MESSAGES REFERRED Urban Affairs: of the dark days of slavery, and Rosa As in executive session the Presiding To the Congress of the United States: Parks whose dignified leadership Officer laid before the Senate messages As required by section 401(c) of the sparked the Montgomery Bus Boycott from the President of the United National Emergencies Act, 50 U.S.C. and the start of the Civil Rights move- States submitting sundry nominations 1641(c), and section 204(c) of the Inter- ment are indelibly etched in the chron- which were referred to the Committee national Emergency Economic Powers icle of not only the history of this na- on Foreign Relations. Act, 50 U.S.C. 1703(c), I transmit here- tion. Moreover, they are viewed with with a 6-month report prepared by my distinction and admiration throughout (The nominations received today are the world. printed at the end of the Senate pro- Administration on the national emer- Sojourner Truth, though unable to ceedings.) gency with respect to the Western Bal- read or write, was considered one of the f kans that was declared in Executive Order 13219 of June 26, 2001. most eloquent and noted spokespersons REPORT OF A CONTINUATION of her day on the inhumanity and im- GEORGE W. BUSH. WITH THE NATIONAL EMER- morality of slavery. She was a leader THE WHITE HOUSE, June 21, 2002. GENCY WITH RESPECT TO THE in the abolitionist movement, and a f WESTERN BALKANS BEYOND ground breaking speaker on behalf of JUNE 25, 2002—PM 96 MESSAGES FROM THE HOUSE RE- equality for women. Michigan recently CEIVED ON THURSDAY, JUNE 20, honored her with the dedication of the The Presiding Officer laid before the 2002 Sojourner Truth Memorial Monument, Senate the following message from the At 12:02 p.m., a message from the which was unveiled in Battle Creek, MI President of the United States, to- House of Representatives, delivered by on September 25, 1999. gether with an accompanying report; Truth lived in Washington, DC for which was referred to the Committee Ms. Niland, one of its reading clerks, several years, helping slaves who had on Banking, Housing, and Urban Af- announced that the House has passed fled from the South and appearing at fairs: the following bill, in which it requests women’s suffrage gatherings. She re- the concurrence of the Senate: To the Congress of the United States: turned to Battle Creek in 1875, and re- H.R. 3389. An act to authorize the National Section 202(d) of the National Emer- mained there until her death in 1883. Sea Grant College Program Act, and for gencies Act (50 U.S.C. 1622(d)), provides other purposes. Sojourner Truth spoke from her heart for the automatic termination of a na- about the most troubling issues of her f tional emergency unless, prior to the time. A testament to Truth’s convic- ENROLLED BILL SIGNED anniversary date of its declaration, the tions is that her words continue to President publishes in the Federal Reg- At 12:11 p.m., a message from the speak to us today. ister and transmits to the Congress a House of Representatives, delivered by On May 4, 1999, legislation was en- Ms. Niland, one of its reading clerks, acted which authorized the President Notice stating that the emergency is to continue in effect beyond the anniver- announced that the Speaker has signed of the United States to award the Con- the following enrolled bill: gressional Gold Medal to Rosa Parks. I sary date. In accordance with this pro- vision, I have sent the enclosed Notice, H.R. 327. An act to amend chapter 35 of was pleased to coauthor this fitting title 44, United States Code, for the purpose tribute to Rosa Parks, the gentle war- stating that the Western Balkans emergency is to continue in effect be- of facilitating compliance by small business rior who decided that she would no concerns with certain Federal paperwork re- longer tolerate the humiliation and de- yond June 25, 2002, to the Federal Reg- quirements, to establish a task force to ex- moralization of racial segregation on a ister for publication. amine information collection and dissemina- bus. Her personal bravery and self-sac- The crisis constituted by the actions tion, and for other purposes. rifice are remembered with reverence of persons engaged in, or assisting, The enrolled bill was signed subse- and respect by us all. sponsoring, or supporting, (i) extremist quently by the President pro tempore Forty seven years ago, in Mont- violence in the former Yugoslav Repub- (Mr. BYRD). lic of Macedonia, and elsewhere in the gomery, AL, the modern civil rights f movement began when Rosa Parks re- Western Balkans region, or (ii) acts ob- fused to give up her seat and move to structing implementation of the Day- MESSAGE FROM THE HOUSE the back of the bus. The strength and ton Accords in Bosnia or United Na- At 10:12 a.m., a message from the spirit of this courageous woman cap- tions Security Council Resolution 1244 House of Representatives, delivered by tured the consciousness of not only the of June 10, 1999, in Kosovo, that led to Ms. Niland, one of its reading clerks, American people, but the entire world. the declaration of a national emer- announced that the House has passed The boycott which Rosa Parks began gency on June 26, 2001, has not been re- the following bill, in which it requests was the beginning of an American revo- solved. These actions are hostile to the concurrence of the Senate: lution that elevated the status of Afri- U.S. interests and pose a continuing H.R. 3389. An act to amend title 49, United can Americans nationwide and intro- unusual and extraordinary threat to States Code, to provide assistance for the duced to the world a young leader who the national security and foreign pol- construction of certain air traffic control would one day have a national holiday icy of the United States. For these rea- towers. declared in his honor, the Reverend sons, I have determined that it is nec- The message also announced that Martin Luther King Jr. essary to continue the national emer- pursuant to Executive Order No. 12131, June 21, 2002 CONGRESSIONAL RECORD — SENATE S5901 the Speaker appoints the following sor of S. 677, a bill to amend the Inter- fraud laws from being discharged in Members of the House of Representa- nal Revenue Code of 1986 to repeal the bankruptcy, to protect whistleblowers tives to the President’s Export Council: required use of certain principal repay- against retaliation by their employers, Mr. ENGLISH of Pennsylvania, Mr. PICK- ments on mortgage subsidy bond fi- and for other purposes. ERING of Mississippi, Mr. HAYES of nancing to redeem bonds, to modify the S. 2067 North Carolina, Mr. INSLEE of Wash- purchase price limitation under mort- At the request of Mr. BINGAMAN, the ington, and Mr. WU of Oregon. gage subsidy bond rules based on me- name of the Senator from Georgia (Mr. f dian family income, and for other pur- MILLER) was added as a cosponsor of S. poses. 2067, a bill to amend title XVIII of the MEASURES REFERRED S. 754 Social Security Act to enhance the ac- The following bill was read the first At the request of Mr. LEAHY, the cess of medicare beneficiaries who live and second times by unanimous con- name of the Senator from Iowa (Mr. in medically underserved areas to crit- sent, and referred as indicated: GRASSLEY) was added as a cosponsor of ical primary and preventive health H.R. 1979. An act to amend title 49, United S. 754, a bill to enhance competition for care benefits, to improve the States Code, to provide assistance for the prescription drugs by increasing the Medicare+Choice program, and for construction of certain air traffic control ability of the Department of Justice other purposes. towers; to the Committee on Commerce, and Federal Trade Commission to en- S. 2547 Science, and Transportation. force existing antitrust laws regarding At the request of Mr. BINGAMAN, the f brand name drugs and generic drugs. names of the Senator from New Jersey REPORTS OF COMMITTEES S. 999 (Mr. TORRICELLI), the Senator from Washington (Mrs. MURRAY), and the The following reports of committees At the request of Mr. BINGAMAN, the Senator from New York (Mr. SCHUMER) were submitted: name of the Senator from Utah (Mr. HATCH) was added as a cosponsor of S. were added as cosponsors of S. 2547, a By Mr. JEFFORDS, from the Committee 999, a bill to amend title 10, United bill to amend title XVIII of the Social on Environment and Public Works, without Security Act to provide for fair pay- amendment: States Code, to provide for a Korea De- S. 2064: A bill to reauthorize the United fense Service Medal to be issued to ments under the medicare hospital out- States Institute for Environmental Conflict members of the Armed Forces who par- patient department prospective pay- Resolution, and for other purposes (Rept. No. ticipated in operations in Korea after ment system. 107–168). the end of the Korean War. S. 2572 H.R. 3480: A bill to promote Department of At the request of Mr. KERRY, the S. 1152 the Interior efforts to provide a scientific name of the Senator from New Jersey At the request of Mr. DURBIN, the basis for the management of sediment and (Mr. CORZINE) was added as a cosponsor name of the Senator from Indiana (Mr. nutrient loss in the Upper Mississippi River of S. 2572, a bill to amend title VII of Basin. (Rept. No. 107–169). BAYH) was added as a cosponsor of S. the Civil Rights Act of 1964 to establish By Mr. LEAHY, from the Committee on 1152, a bill to ensure that the business provisions with respect to religious ac- the Judiciary, without amendment: of the Federal Government is con- commodation in employment, and for H.R. 2068: A bill to revise, codify, and enact ducted in the public interest and in a without substantive change certain general other purposes. manner that provides for public ac- and permanent laws, related to public build- S. 2608 ings, property, and works, as title 40, United countability, efficient delivery of serv- ices, reasonable cost savings, and pre- At the request of Mr. HOLLINGS, the States Code, ‘‘Public Buildings, Property, name of the Senator from Florida (Mr. and Works.’’ vention of unwarranted Government expenses, and for other purposes. NELSON) was added as a cosponsor of S. f 2608, a bill to amend the Coastal Zone S. 1506 INTRODUCTION OF BILLS AND Management Act of 1972 to authorize At the request of Mr. NELSON of Flor- JOINT RESOLUTIONS the acquisition of coastal areas in ida, the name of the Senator from Mis- order better to ensure their protection The following bills and joint resolu- souri (Mrs. CARNAHAN) was added as a from conversion or development. tions were introduced, read the first cosponsor of S. 1506, a bill to amend S. 2613 and second times by unanimous con- title 10, United States Code, to repeal At the request of Mr. LIEBERMAN, the sent, and referred as indicated: the requirement for reduction of SBP name of the Senator from Georgia (Mr. By Mr. DURBIN (for himself and Mrs. survivor annuities by dependency and CLELAND) was added as a cosponsor of CLINTON): indemnity compensation. S. 2613, a bill to amend section 507 of S. 2666. A bill to amend the Internal Rev- S. 1626 enue Code of 1986 to allow small business em- the Omnibus Parks and Public Lands ployers a credit against income tax for em- At the request of Mr. BINGAMAN, the Management Act of 1996 to authorize ployee health insurance expenses paid or in- name of the Senator from Michigan additional appropriations for histori- curred by the employer; to the Committee on (Ms. STABENOW) was added as a cospon- cally black colleges and universities, Finance. sor of S. 1626, a bill to provide dis- to decrease the cost-sharing require- By Mr. DODD (for himself, Mr. SMITH advantaged children with access to ment relating to the additional appro- of Oregon, Mr. TORRICELLI, Mr. REED, dental services. priations, and for other purposes. and Mr. KERRY): S. 1712 S. 2667. A bill to amend the Peace Corps S. 2625 Act to promote global acceptance of the At the request of Mr. GRASSLEY, the At the request of Mr. GRAHAM, the principles of international peace and non- name of the Senator from Georgia (Mr. name of the Senator from Iowa (Mr. violent coexistence among peoples of diverse MILLER) was added as a cosponsor of S. HARKIN) was added as a cosponsor of S. cultures and systems of government, and for 1712, a bill to amend the procedures 2625, a bill to amend title XVIII of the other purposes; to the Committee on Foreign that apply to consideration of inter- Social Security Act to provide cov- Relations. state class actions to assure fairer out- erage of outpatient prescription drugs By Mrs. HUTCHISON: comes for class members and defend- S. 2668. A bill to ensure the safety and se- under the medicare program. curity of passenger air transportation cargo ants, and for other purposes. S. 2637 and all-cargo air transportation; to the Com- S. 2010 At the request of Mr. CONRAD, the mittee on Commerce, Science, and Transpor- At the request of Mr. LEAHY, the name of the Senator from North Da- tation. name of the Senator from New Jersey kota (Mr. DORGAN) was added as a co- f (Mr. CORZINE) was added as a cosponsor sponsor of S. 2637, a bill to amend the of S. 2010, a bill to provide for criminal Internal Revenue Code of 1986 and the ADDITIONAL COSPONSORS prosecution of persons who alter or de- Surface Mining Control and Reclama- S. 677 stroy evidence in certain Federal in- tion Act of 1977 to protect the health At the request of Mr. HATCH, the vestigations or defraud investors of benefits of retired miners and to re- name of the Senator from Washington publicly traded securities, to disallow store stability and equity to the fi- (Ms. CANTWELL) was added as a cospon- debts incurred in violation of securities nancing of the United Mine Workers of S5902 CONGRESSIONAL RECORD — SENATE June 21, 2002 America Combined Benefit Fund and which I believe addresses the needs and service, in the aftermath of the tragic 1992 Benefit Plan by providing addi- challenges of the Peace Corps of today, attacks on America of September 11, it tional sources of revenue to the Fund and lays a path toward bringing this has become something more. It has be- and Plan, and for other purposes. celebrated organization into its next 40 come a necessity. The terrorist attacks S. 2648 years. of last September have shown us that At the request of Mr. HUTCHINSON, It was 41 years ago when President the world has become a much smaller the name of the Senator from Wyoming Kennedy laid out his vision for the fu- place. The United States can no longer (Mr. ENZI) was added as a cosponsor of ture of American volunteer service. He afford to neglect certain countries, or S. 2648, a bill to reauthorize and im- spoke of a corps of committed and certain parts of the world. We need to prove the program of block grants to idealistic young volunteers, the Peace find ways to help developing countries States for temporary assistance for Corps, who would travel all over the meet their basic needs, and we need to needy families, improve access to qual- world, ‘‘promoting world peace and do so now. We especially need to act in ity child care, and for other purposes. friendship.’’ He saw public service as an places where the citizens are particu- At the request of Mr. NICKLES, his ideal to transcend political rhetoric. larly unfamiliar with or unfriendly to name was added as a cosponsor of S. Volunteers were not to reflect par- American values. Now, more than ever, 2648, supra. ticular Republican or Democratic ide- Peace Corps volunteers play a pivotal ology, but rather their service would be role in helping us achieve a greater un- S. 2649 a manifestation of the core American derstanding of America abroad, espe- At the request of Mr. KENNEDY, the values we all share. Their principal ob- cially in predominantly Muslim coun- names of the Senator from New York jectives in this endeavor would be to tries. (Mrs. CLINTON), the Senator from Ohio help in the development and better- If we are to expand the aims of the (Mr. DEWINE), the Senator from South ment of the countries and communities Peace Corps, to broaden its scope, its Dakota (Mr. DASCHLE), the Senator they serve, to foster a greater under- charter, and to send our volunteers from Pennsylvania (Mr. SANTORUM), standing of American values and cul- into more countries, then we must pro- the Senator from New Jersey (Mr. ture abroad, and to likewise foster a vide the Peace Corps with adequate re- CORZINE), and the Senator from Wash- greater appreciation of other peoples sources to safely and effectively pursue ington (Mrs. MURRAY) were added as and cultures on the part of Americans. these objectives. I believe that the leg- cosponsors of S. 2649, a bill to provide Four decades later, thousands upon islation proposed in the Peace Corps assistance to combat the HIV/AIDS thousands of Americans have volun- Charter for the 21st Century Act will pandemic in developing foreign coun- teered for the Peace Corps and worked go a long way to meeting the Peace tries. with diligence and compassion to Corps’ funding needs, as well as chart- S. CON. RES. 121 achieve these aims. ing a course toward the future of this At the request of Mr. HUTCHINSON, It is always with tremendous fond- valuable organization. I would like to the names of the Senator from Oregon ness and pride that I speak of the briefly outline the provisions included (Mr. SMITH) and the Senator from Peace Corps, as it gives me occasion to in ths bill, and explain to my col- South Dakota (Mr. JOHNSON) were recall my own years as a volunteer in leagues why I feel its enactment is so added as cosponsors of S. Con. Res. 121, the Dominican Republic. I have often important. a concurrent resolution expressing the spoken of how these two years changed First, my bill stresses the impor- sense of Congress that there should be my life. Indeed, living and working tance of maintaining the Peace Corps’ established a National Health Center outside of the United States and seeing independence from any political affili- Week for the week beginning on Au- the way other nations operated for the ation, party, government agency, or gust 18, 2002, to raise awareness of first time, I grew to appreciate our Na- particular administration. This inde- health services provided by commu- tion more and more, and developed a pendence is critical to the continued nity, migrant, public housing, and strong sense of what it means to be an success, credibility, and acceptance of homeless health centers. American. I was proud to share my ex- the volunteers in the countries in AMENDMENT NO. 3935 perience as an American citizen with which they serve. We must vigilantly At the request of Mr. NELSON of Flor- the people I was there to help. Those preserve this success. Especially if we ida, the name of the Senator from Mis- two years were invaluable to me, and are to expand the number of countries souri (Mrs. CARNAHAN) was added as a truly brought home to me the value of now being served, and if we plan to cosponsor of amendment No. 3935 in- public service. send our volunteers into more coun- tended to be proposed to S. 2514, an Of course, my Peace Corps service tries with significant Muslim popu- original bill to authorize appropria- was from 1966–1968, when it was a rel- lations, we must make sure that the tions for fiscal year 2003 for military atively new organization. Today, I am Peace Corps goals of friendship, peace, activities of the Department of De- proud to note that the peace Corps now and grassroots development are in no fense, for military construction, and sends more than 7,000 volunteers to 76 way muddled or compromised by polit- for defense activities of the Depart- different countries every year. This ical objectives. ment of Energy, to prescribe personnel means that there are 7,000 important As you may know, Congress has strengths for such fiscal year for the American liaisons scattered around the called for an expansion of the Peace Armed Forces, and for other purposes. world helping people, promoting Amer- Corps to include 10,000 volunteers, and f ican values, and showing the world the the President has called for a doubling best of America. After all, these volun- of current numbers over five years. STATEMENTS ON INTRODUCED teers are really the heart and soul of While I applaud the enthusiasm inher- BILLS AND JOINT RESOLUTIONS the Peace Corps. They are the ones on ent in these requests, we must not By Mr. DODD (for himself, Mr. the front lines, working hard, making allow such an increase in quantity to SMITH of Oregon, Mr. one-on-one connections with the citi- in any way impinge on the quality of TORRICELLI, Mr. REED, and Mr. zens of the countries in which they the Peace Corps experience, either for KERRY): work. For 41 years, they have brought the volunteers themselves or the com- S. 2667. A bill to amend the Peace a wealth of practical experience to munities they serve. There are cur- Corps Act to promote global accept- communities in Africa, Latin America, rently 7,000 volunteers abroad working ance of the principles of international Asia, the Middle East, Eastern Europe, under a budget of $275,000,000. Any ex- peace and nonviolent coexistence and the Pacific. Indeed, the enduring pansion in staffing must include a com- among peoples of diverse cultures and success of the Peace Corps is rooted in mensurate increase in funding and sup- systems of government, and for other each volunteer’s commitment to leave port resources available to them. In purposes; to the Committee on Foreign behind skills that allow people to take fact, to better address the growing Relations. charge of their own futures. mandate and needs of the Peace Corps, Mr. DODD. Madam President, I rise As remarkable as the success of the this bill suggests the establishment of today to introduce the Peace Corps Peace Corps has been, and as important an Office of Strategic Planning, as well Charter for the 21st Century Act, a bill a symbol and example it is of public as a Peace Corps Advisory Council June 21, 2002 CONGRESSIONAL RECORD — SENATE S5903 comprised of returned volunteers to co- this legislation. Over the next five (7) The Peace Corps is an independent ordinate existing programs and address years this bill calls for appropriations agency, and therefore no Peace Corps per- long-term expansion plans. to be made in the following amounts: sonnel or volunteers should have any rela- One of the most important parts of $465 million for fiscal year 2004, $500 tionship with any United States intelligence this bill, which I have already touched agency or be used to accomplish any other million for fiscal year 2005, $560 million goal than the goals established by the Peace on here today, is the need to place a for fiscal year 2006, and $560 million for Corps Act. special emphasis on recruiting volun- fiscal year 2007. In addition, and most (8) The Crisis Corps has been an effective teers for placement in countries whose importantly, this bill allows for addi- tool in harnessing the skills and talents for governments are seeking to foster a tional appropriations to be made to ad- returned Peace Corps volunteers and should greater understanding by and about dress the specific funding needs of the be expanded to utilize to the maximum ex- their citizens. There is to be a special Peace Corps as it seeks to increase vol- tent the pool of talent from the returned authorization of funds for the purposes Peace Corps volunteer community. unteer strength. Again, we must not (9) The Peace Corps is currently operating of this recruitment, as well as a report allow expansion to infringe on the due on this subject from the Peace with an annual budget of $275,000,000 in 70 quality of the Peace Corps experience. countries with 7,000 Peace Corps volunteers. Corps Director within 60 days of the en- We must ensure that we adequately (10) There is deep misunderstanding and actment of this legislation. This report provide for our volunteers and equip misinformation about American values and will outline a strategy for increasing them with sufficient resources to best ideals in many parts of the world, particu- the Peace Corps presence in countries larly those with substantial Muslim popu- assist the communities in which they with substantial Muslim populations. lations, and a greater Peace Corps presence serve. We must find ways to engage with in such places could foster greater under- In conclusion, I believe that the these countries, and to foster a more standing and tolerance of those countries. Peace Corps Charter for the 21st Cen- open interaction and understanding be- (11) Congress has declared that the Peace tury Act will do an excellent job of Corps should be expanded to sponsor a min- tween our citizens. modifying the Peace Corps Act to bet- imum of 10,000 Peace Corps volunteers. This bill also sets time line require- (12) President George W. Bush has called ments and procedures for new initia- ter meet the needs of both our volun- teers and an expanding and changing for the doubling of the number of Peace tives from the Peace Corps Director. Corps volunteers in service in a fiscal year to Essentially, this increases Congres- organization. The Peace Corps is a 15,000 volunteers in service by the end of fis- sional oversight of new projects, pro- truly remarkable institution in Amer- cal year 2007. grams, or directives. It also requests a ica, a symbol of the very best of our (13) Any expansion of the Peace Corps shall description from the Director of cur- ideals of service, sacrifice, and self-reli- not jeopardize the quality of the Peace Corps rent loan forgiveness programs avail- ance. Our volunteers are to be com- volunteer experience, and therefore can only mended again for their enduring com- be accomplished by an appropriate increase able to volunteers, and a comparison in field and headquarters support staff. with other government-sponsored loan mitment to these ideals, and for the way they are able to communicate the (14) It would be extremely useful for the forgiveness programs. Peace Corps to establish an office of stra- Another important provision in this message of the Peace Corps throughout tegic planning to evaluate existing programs legislation is the training mandated for the world. They deserve the very best and undertake long-term planning in order volunteers in the areas of education, from us. I urge my colleagues to sup- to facilitate the orderly expansion of the prevention, and treatment of infectious port this legislation and the continued Peace Corps from its current size to the stat- diseases such as HIV/AIDS, malaria, success of the Peace Corps. I ask unani- ed objective of 15,000 volunteers in the field and tuberculosis, so that they may bet- mous consent that the text of the bill by the end of fiscal year 2007. ter help fight these diseases in the be printed in the RECORD. (15) The Peace Corps would benefit from There being no objection, the bill was the advice and council of a streamlined bi- communities in which they serve. This partisan National Peace Corps Advisory ordered to be printed in the RECORD, as training, in cooperation with the cen- Council composed of distinguished returned ters for Disease Control and Preven- follows: Peace Corps volunteers. tion, the National Institutes of Health, S. 2667 SEC. 3. DEFINITIONS. the World Health Organization, the Be it enacted by the Senate and House of Rep- In this Act: Pan American Health Organization, resentatives of the United States of America in (1) APPROPRIATE CONGRESSIONAL COMMIT- and local health officials, will prepare Congress assembled, TEES.—The term ‘‘appropriate congressional volunteers to promote a better grass- SECTION 1. SHORT TITLE. committees’’ means the Committee on For- roots approach to public health, safety, This Act may be cited as the ‘‘Peace Corps eign Relations of the Senate and the Com- Charter for the 21st Century Act’’. mittee on International Relations of the and disease prevention. House of Representatives. I also feel strongly, and this is also SEC. 2. FINDINGS. (2) DIRECTOR.—The term ‘‘Director’’ means Congress makes the following findings: included in the bill, that we must uti- the Director of the Peace Corps. (1) The Peace Corps was established in 1961 lize the insights and experience of re- (3) PEACE CORPS VOLUNTEER.—The term to promote world peace and friendship turned volunteers to get them more in- ‘‘Peace Corps volunteer’’ means a volunteer through the service of American volunteers volved in the promotion and support of or a volunteer leader under the Peace Corps abroad. Act. Peace Corps programs. One way to do (2) The three goals codified in the Peace (4) RETURNED PEACE CORPS VOLUNTEER.— this is to provide federal grant monies Corps Act which have guided the Peace Corps The term ‘‘returned Peace Corps volunteer’’ to certain non-profits in the District of and its volunteers over the years, can work means a person who has been certified by the Columbia. These non-profits would be in concert to promote global acceptance of Director as having served satisfactorily as a the principles of international peace and established for the express purpose of Peace Corps volunteer. using the knowledge, experience, and nonviolent coexistence among peoples of di- verse cultures and systems of government. SEC. 4. RESTATEMENT OF INDEPENDENCE OF expertise of returned volunteers to help THE PEACE CORPS. (3) The Peace Corps has operated in 135 carry out the goals of the Peace Corps. (a) IN GENERAL.—Section 2A of the Peace Returned volunteers are an amazing re- countries with 165,000 Peace Corps volunteers Corps Act (22 U.S.C. 2501–1) is amended by since its establishment. adding at the end the following new sen- source for the Peace Corps. They con- (4) The Peace Corps has sought to fulfill tinue to make a difference here at tence: ‘‘As an independent agency, all re- three goals, as follows: to help people in de- cruiting of volunteers shall be undertaken home through their enduring commu- veloping nations meet basic needs, to pro- solely by the Peace Corps.’’. nity service, and their work to mote understanding of America’s values and (b) DETAILS AND ASSIGNMENTS.—Section strengthen America’s appreciation of ideals abroad, and to promote an under- 5(g) of the Peace Corps Act (22 U.S.C. 2504(g)) other cultures. Together they are standing of other peoples by Americans. is amended by inserting after ‘‘Provided, building a legacy of service for the (5) After more than 40 years of operation, That’’ the following: ‘‘such detail or assign- next generation, and it is my hope that the Peace Corps remains the world’s premier ment does not contradict the standing of the appropriations included in this leg- international service organization dedicated Peace Corps volunteers as being independent to promoting grassroots development. from foreign policy-making and intelligence islation, for non-profit grant monies, (6) The Peace Corps remains committed to collection: Provided further, That’’. will provide them with yet another sending well trained and well supported SEC. 5. REPORTS TO CONGRESS. outlet for continued service. Peace Corps volunteers overseas to promote (a) CONSULTATIONS AND REPORTS CON- Finally, let me speak briefly to the world peace, friendship, and grassroots devel- CERNING NEW INITIATIVES.—Section 11 of the funding level increases called for in opment. Peace Corps Act (22 U.S.C. 2510) is amended— S5904 CONGRESSIONAL RECORD — SENATE June 21, 2002

(1) by inserting ‘‘(a) ANNUAL REPORTS.—’’ turned Peace Corps volunteers having lan- (5) by amending subsection (i) to read as immediately before ‘‘The President shall guage and cultural expertise, including those follows: transmit’’; and returned Peace Corps volunteers who may ‘‘(i) REPORT.—Not later than July 30, 2003, (2) by adding at the end thereof the fol- have served previously in countries with sub- and annually thereafter, the Council shall lowing: stantial Muslim populations, in order to submit a report to the President and the Di- ‘‘(b) CONSULTATIONS AND REPORTS ON NEW open or reopen Peace Corps programs in such rector of the Peace Corps describing how the INITIATIVES.—Thirty days prior to imple- countries. Council has carried out its functions under menting any new initiative, the Director (c) ALLOCATION OF FUNDS.—In addition to subsection (b)(2).’’. shall consult with the Peace Corps National amounts authorized to be appropriated to SEC. 9. READJUSTMENT ALLOWANCES. Advisory Council established in section 12 the Peace Corps by section 11 for the fiscal The Peace Corps Act is amended— and shall submit to the Committee on For- years 2003, 2004, 2005, and 2006, there is au- (1) in section 5(c) (22 U.S.C. 2504(c)), by eign Relations of the Senate and the Com- thorized to be appropriated for the Peace striking ‘‘$125’’ and inserting ‘‘$275’’; and mittee on International Relations of the Corps $5,000,000 each such fiscal year solely (2) in section 6(1) (22 U.S.C. 2505(1)), by House of Representatives a report describing for the recruitment, training, and placement striking ‘‘$125’’ and inserting ‘‘$275’’. the objectives that such initiative is in- of Peace Corps volunteers in countries whose SEC. 10. PROGRAMS AND PROJECTS OF RE- tended to fulfill, an estimate of any costs governments are seeking to foster greater TURNED PEACE CORPS VOLUN- that may be incurred as a result of the ini- understanding by and about their citizens. TEERS TO PROMOTE THE GOALS OF THE PEACE CORPS. tiative, and an estimate of any impact on ex- SEC. 7. GLOBAL INFECTIOUS DISEASES INITIA- (a) PURPOSE.—The purpose of this section isting programs, including the impact on the TIVE. (a) IN GENERAL.—The Director, in coopera- is to provide support for returned Peace safety of volunteers under this Act’’. Corps volunteers to develop programs and (b) COUNTRY SECURITY REPORTS.—Section tion with the Centers for Disease Control and Prevention, the National Institutes of projects to promote the objectives of the 11 of the Peace Corps Act (22 U.S.C. 2510), as Peace Corps, as set forth in section 2 of the amended by subsection (a), is further amend- Health, the World Health Organization and the Pan American Health Organization, local Peace Corps Act. ed by adding at the end the following: (b) GRANTS TO CERTAIN NONPROFIT COR- ‘‘(c) COUNTRY SECURITY REPORTS.—The Di- public health officials, shall develop a pro- gram of training for all Peace Corps volun- PORATIONS.— rector of the Peace Corps shall submit to the (1) GRANT AUTHORITY.—To carry out the Committee on Foreign Relations of the Sen- teers in the areas of education, prevention, and treatment of infectious diseases in order purpose of this section, and subject to the ate and the Committee on International Re- availability of appropriations, the Director lations of the House of Representatives a re- to ensure that all Peace Corps volunteers make a contribution to the global campaign of the Corporation for National and Commu- port annually on the status of security pro- nity Service shall award grants on a com- cedures in any country in which the Peace against such diseases. (b) DEFINITIONS.—In this section: petitive basis to private nonprofit corpora- Corps operates programs or is considering tions that are established in the District of doing so. Each report shall include rec- (1) AIDS.—The term ‘‘AIDS’’ means the ac- quired immune deficiency syndrome. Columbia for the purpose of serving as incu- ommendations when appropriate as to bators for returned Peace Corps volunteers whether security conditions would be en- (2) HIV.—The term ‘‘HIV’’ means the human immunodeficiency virus, the patho- seeking to use their knowledge and expertise hanced by colocating volunteers with inter- to undertake community-based projects to national or local nongovernmental organiza- gen that causes AIDS. (3) HIV/AIDS.—The term ‘‘HIV/AIDS’’ carry out the goals of the Peace Corps Act. tions, or with the placement of multiple vol- (2) ELIGIBILITY FOR GRANTS.—To be eligible unteers in one location.’’. means, with respect to an individual, an in- dividual who is infected with HIV or living to compete for grants under this section, a (c) REPORT ON STUDENT LOAN FORGIVENESS nonprofit corporation must have a board of with AIDS. PROGRAMS.—Not later than 30 days after the directors composed of returned Peace Corps (4) INFECTIOUS DISEASES.—The term ‘‘infec- date of enactment of this Act, the Director volunteers with a background in community tious diseases’’ means HIV/AIDS, tuber- of the Peace Corps shall submit to the Com- service, education, or health. The director of culosis, and malaria. mittee on Foreign Relations of the Senate the corporation (who may also be a board and the Committee on International Rela- SEC. 8. PEACE CORPS ADVISORY COUNCIL. member of the nonprofit corporation) shall Section 12 of the Peace Corps Act (22 tions of the House of Representatives a also be a returned Peace Corps volunteer report— U.S.C. 2511; relating to the Peace Corps Na- with demonstrated management expertise in (1) describing the student loan forgiveness tional Advisory Council) is amended— operating a nonprofit corporation. The stat- programs currently available to Peace Corps (1) by amending subsection (b)(2)(D) to ed purpose of the nonprofit corporation shall volunteers upon completion of their service; read as follows: be to act solely as an intermediary between and ‘‘(D) make recommendations for utilizing the Corporation for National and Commu- (2) comparing such programs with other the expertise of returned Peace Corps volun- nity Service and individual returned Peace Government-sponsored student loan forgive- teers in fulfilling the goals of the Peace Corps volunteers seeking funding for projects ness programs. Corps.’’; consistent with the goals of the Peace Corps. (2) in subsection (c)— SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND The nonprofit corporation may act as the ac- PLACEMENT FOR COUNTRIES (A) by striking paragraph (1); countant for individual volunteers for pur- WHOSE GOVERNMENTS ARE SEEK- (B) by redesignating paragraphs (2) and (3) poses of tax filing and audit responsibilities. ING TO FOSTER GREATER UNDER- as paragraphs (1) and (2), respectively; (c) GRANT REQUIREMENTS.—Such grants STANDING BY AND ABOUT THEIR (C) in paragraph (1) (as so redesignated)— shall be made pursuant to a grant agreement CITIZENS. (i) in subparagraph (A)— between the Director and the nonprofit cor- (a) REPORT.—Not later than 60 days after (I) by striking ‘‘fifteen’’ and inserting poration that requires that— the date of enactment of this Act, the Direc- ‘‘seven’’; (1) grant funds will only be used to support tor shall submit a report to the appropriate (II) by striking the second sentence and in- programs and projects described in sub- congressional committees describing the ini- serting the following: ‘‘All of the members section (a) pursuant to proposals submitted tiatives that the Peace Corps intends to pur- shall be former Peace Corps volunteers, and by returned Peace Corps volunteers (either sue in order to solicit requests from eligible not more than four shall be members of the individually or cooperatively with other re- countries where the presence of Peace Corps same political party.’’; turned volunteers); volunteers would facilitate a greater under- (ii) by amending subparagraph (D) to read (2) the nonprofit corporation give consider- standing that there exists a universe of com- as follows: ation to funding individual projects or pro- monly shared human values and aspirations ‘‘(D) The members of the Council shall be grams by returned Peace Corps volunteers up and would dispel unfounded fears and sus- appointed to 2-year terms.’’; to $100,000; picion among peoples of diverse cultures and (iii) by striking subparagraphs (B), (E), and (3) not more than 20 percent of funds made systems of government, including peoples (H); and available to the nonprofit corporation will from countries with substantial Muslim pop- (iv) by redesignating subparagraphs (C), be used for the salaries, overhead, or other ulations. Such report shall include— (D), (F), (G), and (I) as subparagraphs (B), administrative expenses of the nonprofit cor- (1) a description of the recruitment strate- (C), (D), (E), and (F), respectively; poration; and gies to be employed by the Peace Corps to re- (3) by amending subsection (g) to read as (4) the nonprofit corporation will not re- cruit and train volunteers with the appro- follows: ceive grant funds under this section for more priate language skills and interest in serving ‘‘(g) CHAIR.—The President shall designate than two years unless the corporation has in such countries; and one of the voting members of the Council as raised private funds, either in cash or in kind (2) a list of the countries that the Director Chair, who shall serve in that capacity for a for up to 40 percent of its annual budget. has determined should be priorities for spe- period not to exceed two years.’’; (d) FUNDING.—Of the funds available to the cial recruitment and placement of Peace (4) by amending subsection (h) to read as Corporation for National and Community Corps volunteers. follows: Service for fiscal year 2003 or any fiscal year (b) USE OF RETURNED PEACE CORPS VOLUN- ‘‘(h) MEETINGS.—The Council shall hold a thereafter, not to exceed $10,000,000 shall be TEERS.—Notwithstanding any other provi- regular meeting during each calendar quar- available for each such fiscal year to carry sion of law, the Director is authorized and ter at a date and time to be determined by out the grant program established under this strongly urged to utilize the services of re- the Chair of the Council.’’; and section. June 21, 2002 CONGRESSIONAL RECORD — SENATE S5905 (e) STATUS OF THE FUND.—Nothing in this shipper, which allows the shipment to TITLE XIII—COAST GUARD section shall be construed to make any non- proceed without inspection. This is not APPROPRIATIONS profit corporation supported under this sec- sufficient to protect the public. We SEC. 1301. SHORT TITLE. tion an agency or establishment of the must be sure that companies claiming This title may be cited as the ‘‘Coast United States Government or to make the Guard Authorization Act of 2002’’. members of the board of directors or any of- known shipper status are whom they SEC. 1302. TABLE OF CONTENTS. ficer or employee of such corporation an offi- claim to be and we must improve han- The table of contents for this title is as fol- cer or employee of the United States. dling protocols to ensure that terror- lows: (f) FACTORS IN AWARDING GRANTS.—In de- ists cannot tamper with shipments termining the number of private nonprofit while they are in transit. My bill would Sec. 1301. Short title. corporations to award grants to in any fiscal accomplish these goals. Sec. 1302. Table of contents. years, the Director should balance the num- The Air Cargo Security Act would Subtitle A—Authorization ber of organizations against the overhead Sec. 1311. Authorization of appropriations. costs that divert resources from project create a comprehensive security proc- ess for shipment of cargo, particularly Sec. 1312. Authorized levels of military funding. strength and training. (g) CONGRESSIONAL OVERSIGHT.—Grant re- for shipments traveling on passenger Sec. 1313. LORAN–C. cipients under this section shall be subject flights. It would require that all cargo Sec. 1314. Patrol craft. to the appropriate oversight procedures of onboard passenger flights, including Sec. 1315. Caribbean support tender. Congress. foreign-based flights heading for the Subtitle B—Personnel Management SEC. 11. AUTHORIZATION OF APPROPRIATIONS. U.S., be thoroughly inspected. The bill Sec. 1321. Coast Guard band director rank. (a) IN GENERAL.—Section 3(b)(1) of the would also direct TSA to establish a Peace Corps Act (22 U.S.C. 2502(b)(1)) is Sec. 1322. Compensatory absence for isolated amended— ‘‘chain of custody’’ for air cargo that duty. (1) by striking ‘‘2002, and’’ and inserting ensures that merchandise is never out Sec. 1323. Suspension of retired pay of Coast ‘‘2002,’’; and of the control of a known shipper. Guard members who are absent (2) by inserting before the period the fol- Under these restrictions, cargo could from the United States to avoid lowing: ‘‘, $465,000,000 for fiscal year 2004, be placed aboard aircraft with con- prosecution. $500,000,000 for fiscal year 2005, $560,000,000 for fidence that no tampering had occurred Sec. 1324. Extension of Coast Guard housing fiscal year 2006, and $560,000,000 for fiscal authorities. in transit. Sec. 1325. Accelerated promotion of certain year 2007’’. The legislation would direct TSA to (b) INCREASE IN PEACE CORPS VOLUNTEER Coast Guard officers. STRENGTH.—Section 3(c) of the Peace Corps formulate a comprehensive system for Sec. 1326. Regular lieutenant commanders Act (22 U.S.C. 2502(c)) is amended by adding certifying known shippers and assign- and commanders; continuation the following new subsection at the end ing each one a unique encrypted identi- on failure of selection for pro- thereof: fier that must be produced to the air motion. ‘‘(d) In addition to the amounts authorized carrier before loading the cargo and Sec. 1327. Reserve officer promotion. to be appropriated in this section, there are Sec. 1328. Reserve Student Pre-Commis- cannot be counterfeited. All shippers, sioning Assistance Program. authorized to be appropriated such addi- including haulers and middlemen, must tional sums as may be necessary to achieve Sec. 1329. Continuation on active duty be- a volunteer corps of 15,000 as soon as prac- be certified under the new system. If yond 30 years. ticable taking into account the security of cargo has been handled in any way by Sec. 1330. Payment of death gratuities on volunteers and the effectiveness of country an uncertified company, then it will behalf of Coast Guard programs.’’. not fly. The TSA would have to regu- Auxiliarists. larly inspect shipping facilities. To ac- Sec. 1331. Align Coast Guard severance pay By Mrs. HUTCHISON: complish these tasks, the bill would and revocation of commission S. 2668. A bill to ensure the safety authority with Department of provide TSA with additional manpower Defense authority. and security of passenger air transpor- and equipment as needed. Subtitle C—Marine Safety tation cargo and all-cargo air transpor- I know that air cargo security pre- tation; to the Committee on Com- sents a challenge nearly as large as Sec. 1341. Modernization of national distress merce, Science, and Transportation. and response system. passenger security. Forcing shippers Sec. 1342. Extension of Territorial Sea for Mrs. HUTCHISON. Madam President, and carriers to submit to inspection of I rise today to introduce legislation to Vessel Bridge-to-Bridge Radio- all cargo would allow only 4 percent of telephone Act. close a dangerous loophole in our avia- the current volume to be processed. I Sec. 1343. Icebreaking services. tion security network. The attacks of want to ensure that these inspections Sec. 1344. Modification of various reporting September 11 forced us to take a hard do not harm airline operations. requirements. look at the way we screen passengers However, if we fail to enact these re- Sec. 1345. Oil Spill Liability Trust Fund; and luggage. Congress responded to the emergency fund advancement forms, we will leave aviation security authority. challenge with a comprehensive system only half-finished. I fear that we will to perform these tasks through the new Sec. 1346. Merchant mariner documentation lose our aviation system if we suffer requirements. Transportation Security Administra- another successful attack on a pas- Sec. 1347. Penalties for negligent operations tion. We have required the TSA to senger flight. I call upon my colleagues and interfering with safe oper- check every passenger and every piece to take these concrete, measurable ation. of baggage that is placed onboard a steps to ensuring the safety of air pas- Sec. 1348. Fishing vessel safety training. flight. sengers and those on the ground. Sec. 1349. Extend time for recreational ves- While I am confident that these sel and associated equipment recalls. measures have improved security, Con- f gress has left the back door open to Sec. 1350. Safety equipment requirement. Sec. 1351. Marine casualty investigations terrorists with plans to disrupt pas- AMENDMENTS SUBMITTED—JUNE involving foreign vessels. senger flights. We did not establish a 20, 2002 Sec. 1352. Maritime Drug Law Enforcement similar regime to ensure the safety of Act amendments. cargo operations. This issue must be SA 3924. Ms. SNOWE submitted an Sec. 1353. Temporary certificates of docu- addressed. Twenty-two percent of all amendment intended to be proposed by mentation for recreational ves- air cargo in the U.S. is carried on pas- her to the bill S. 2514, to authorize ap- sels. senger flights, but only a tiny percent- propriations for fiscal year 2003 for Subtitle D—Renewal of Advisory Groups age of this cargo is inspected. There is military activities of the Department Sec. 1361. Commercial Fishing Industry Ves- no point to carefully screening every of Defense, for military construction, sel Advisory Committee. piece of luggage if the cargo placed and for defense activities of the De- Sec. 1362. Houston-Galveston Navigation aboard the same flight is not inspected. partment of Energy, to prescribe per- Safety Advisory Committee. My legislation would also tighten sonnel strengths for such fiscal year Sec. 1363. Lower Mississippi River Waterway for the Armed Forces, and for other Advisory Committee. rules for so-called known shippers. Sec. 1364. Navigation Safety Advisory Coun- Under current procedures, any manu- purposes; which was ordered to lie on cil. facturer, middleman, or receiver of the table; as follows: Sec. 1365. National Boating Safety Advisory goods can be classified as a known After title XII, insert the following: Council. S5906 CONGRESSIONAL RECORD — SENATE June 21, 2002 Sec. 1366. Towing Safety Advisory Com- (6) For alteration or removal of bridges Tender personnel and their dependents ac- mittee. over navigable waters of the United States companying them in the United States if Subtitle E—Miscellaneous constituting obstructions to navigation, and comparable care is made available to a com- Sec. 1381. Conveyance of Coast Guard prop- for personnel and administrative costs asso- parable number of United States military erty in Portland, Maine. ciated with the Bridge Alteration Program— personnel in that foreign country. Sec. 1382. Harbor safety committees. (A) $13,500,000, to remain available until ex- Subtitle B—Personnel Management Sec. 1383. Limitation of liability of pilots at pended; and (B) $2,000,000, to remain available until ex- SEC. 1321. COAST GUARD BAND DIRECTOR RANK. Coast Guard Vessel Traffic Section 336(d) of title 14, United States Services. pended, which may be utilized for construc- tion of a new Chelsea Street Bridge over the Code, is amended by striking ‘‘commander’’ Sec. 1384. Conforming references to the and inserting ‘‘captain’’. former Merchant Marine and Chelsea River in Boston, Massachusetts. SEC. 1312. AUTHORIZED LEVELS OF MILITARY SEC. 1322. COMPENSATORY ABSENCE FOR ISO- Fisheries Committee. LATED DUTY. Sec. 1385. Long-term lease authority for STRENGTH AND TRAINING. (a) END-OF-YEAR STRENGTH FOR FISCAL (a) IN GENERAL.—Section 51 of title 14, lighthouse property. United States Code, is amended to read as Sec. 1386. Electronic filing of commercial in- YEAR 2002.—The Coast Guard is authorized follows: struments for vessels. an end-of-year strength of active duty per- Sec. 1387. Radio direction finding apparatus sonnel of 45,500 as of September 30, 2002. ‘‘§ 511. Compensatory absence from duty for carriage requirement. (b) TRAINING STUDENT LOADS FOR FISCAL military personnel at isolated duty stations Sec. 1388. Wing-in-ground craft. YEAR 2002.—For fiscal year 2002, the Coast ‘‘The Secretary may grant compensatory Sec. 1389. Deletion of thumbprint require- Guard is authorized average military train- absence from duty to military personnel of ment for merchant mariners’ ing student loads as follows: the Coast Guard serving at isolated duty sta- documents. (1) For recruit and special training, 1,500 tions of the Coast Guard when conditions of Sec. 1390. Authorization of payment. student years. duty result in confinement because of isola- Sec. 1391. Additional Coast Guard funding (2) For flight training, 125 student years. tion or in long periods of continuous duty.’’. needs after September 11, 2001. (3) For professional training in military (b) CLERICAL AMENDMENT.—The chapter Sec. 1392. Repeal of special authority to re- and civilian institutions, 300 student years. analysis for chapter 13 of title 14, United voke endorsements. (4) For officer acquisition, 1,050 student States Code, is amended by striking the item Sec. 1393. Prearrival messages from vessels years. relating to section 511 and inserting the fol- destined to United States ports. SEC. 1313. LORAN–C. lowing: ‘‘511. Compensatory absence from Sec. 1394. Safety and security of ports and There are authorized to be appropriated to duty for military personnel at isolated duty waterways. the Department of Transportation, in addi- stations.’’. Sec. 1395. Administrative waiver. tion to funds authorized for the Coast Guard SEC. 1323. SUSPENSION OF RETIRED PAY OF Subtitle A—Authorization for operation of the LORAN–C system, for COAST GUARD MEMBERS WHO ARE capital expenses related to LORAN–C naviga- ABSENT FROM THE UNITED STATES SEC. 1311. AUTHORIZATION OF APPROPRIATIONS. tion infrastructure, $22,000,000 for fiscal year TO AVOID PERSECUTION. Funds are authorized to be appropriated 2002. The Secretary of Transportation may Section 633 of the National Defense Au- for necessary expenses of the Coast Guard for transfer from the Federal Aviation Adminis- thorization Act for Fiscal Year 1997 (Public fiscal year 2002, as follows: tration and other agencies of the department Law 104–201) is amended by redesignating (1) For the operation and maintenance of funds appropriated as authorized under this subsections (b), (c), and (d) in order as sub- the Coast Guard, $4,533,000,000, of which— section in order to reimburse the Coast sections (c), (d), and (e), and by inserting (A) $25,000,000 is authorized to be derived Guard for related expenses. after subsection (a) the following: from the Oil Spill Liability Trust Fund; and (B) $537,000,000 is authorized for activities SEC. 1314. PATROL CRAFT. ‘‘(b) APPLICATION TO COAST GUARD.—Proce- associated with improving maritime secu- (a) TRANSFER OF CRAFT FROM DOD.—Not- dures promulgated by the Secretary of De- rity, including maritime domain awareness withstanding any other provision of law, the fense under subsection (a) shall apply to the and law enforcement operations. Secretary of Transportation may accept, by Coast Guard. The Commandant of the Coast (2) For the acquisition, construction, re- direct transfer without cost, for use by the Guard shall be considered a Secretary of a building, and improvement of aids to naviga- Coast Guard primarily for expanded drug military department for purposes of sus- tion, shore and offshore facilities, vessels, interdiction activities required to meet na- pending pay under this section.’’. and aircraft, including equipment related tional supply reduction performance goals, SEC. 1324. EXTENSION OF COAST GUARD HOUS- thereto, $719,323,000 of which— up to 7 PC–170 patrol craft from the Depart- ING AUTHORITIES. (A) $20,000,000 is authorized to be derived ment of Defense if it offers to transfer such (a) IN GENERAL.—Section 689 of title 14, from the Oil Spill Liability Trust Fund to craft. United States Code, is amended by striking carry out the purposes of section 1012(a)(5) of (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘2001.’’ and inserting ‘‘2006.’’. the Oil Pollution Act of 1990; There are authorized to be appropriated to (b) HOUSING DEMONSTRATION PROJECT.— (B) $50,000,000 is authorized to be available the Coast Guard, in additional to amounts Section 687 of title 14, United States Code, is for equipment and facilities associated with otherwise authorized by this Act, up to amended by adding at the end the following: improving maritime security awareness, cri- $100,000,000, to remain available until ex- ‘‘(g) DEMONSTRATION PROJECT AUTHOR- sis prevention, and response; and pended, for the conversion of, operation and IZED.—To promote efficiencies through the (C) $338,000,000 is authorized to be available maintenance of, personnel to operate and use of alternative procedures for expediting to implement the Coast Guard’s Integrated support, and shoreside infrastructure re- new housing projects, the Secretary— Deepwater system. quirements for, up to 7 patrol craft. ‘‘(1) may develop and implement a dem- (3) For research, development, test, and SEC. 1315. CARIBBEAN SUPPORT TENDER. onstration project for acquisition or con- evaluation of technologies, materials, and (a) IN GENERAL.—The Coast Guard is au- struction of military family housing and human factors directly relating to improving thorized to operate and maintain a Carib- military unaccompanied housing at the the performance of the Coast Guard’s mis- bean Support Tender (or similar type vessel) Coast Guard installation at Kodiak, Alaska; sion in support of search and rescue; aids to to provide technical assistance, including ‘‘(2) in implementing the demonstration navigation, marine safety, marine environ- law enforcement training, for foreign coast project shall utilize, to the maximum extent mental protection, enforcement of laws and guards, navies, and other maritime services. possible, the contracting authority of the treaties, ice operations, oceanographic re- (b) MEDICAL AND DENTAL CARE.— Small Business Administration’s section 8(a) search, and defense readiness, $22,000,000, to (1) The Commandant may provide medical program; remain available until expended, of which and dental care to foreign military Carib- ‘‘(3) shall, to the maximum extent possible, $3,500,000 is authorized to be derived from the bean Support Tender personnel and their de- acquire or construct such housing through Oil Spill Liability Trust Fund. pendents accompanying them in the United contracts with small business concerns (4) For retired pay (including the payment States— qualified under section 8(a) of the Small of obligations otherwise chargeable to lapsed (A) on an outpatient basis without cost; Business Act (15 U.S.C. 637(a)) that have appropriations for this purpose), payments and their principal place of business in the State under the Retired Serviceman’s Family Pro- (B) on an outpatient basis if the United of Alaska; and tection and Survivor Benefit Plans, and pay- States is reimbursed for the costs of pro- ‘‘(4) shall report to Congress by September ments for medical care of retired personnel viding such care. Payments received as reim- 1st of each year on the progress of activities and their dependents under chapter 55 of bursement for the provision of such care under the demonstration project.’’. title 10, United States Code, $876,350,000, to shall be credited to the appropriations SEC. 1325 ACCELERATED PROMOTION OF CER- remain available until expended. against which the charges were made for the TAIN COAST GUARD OFFICERS. (5) For environmental compliance and res- provision of such care. Title 14, United States Code, is amended— toration at Coast Guard facilities (other (2) Notwithstanding paragraph (a)(B), the (1) by adding at the end of section 259 the than parts and equipment associated with Commandant may provide inpatient medical following: operations and maintenance), $17,000,000, to and dental care in the United States without ‘‘(c)(1) After selecting the officers to be remain available until expended. cost to foreign military Caribbean Support recommended for promotion, a selection June 21, 2002 CONGRESSIONAL RECORD — SENATE S5907 board may recommend officers of particular moted to the grade of captain of the Regular ‘‘(c) Expenses for which financial assist- merit, from among those officers chosen for Coast Guard. ance may be provided under this section are promotion, to be placed at the top of the list ‘‘(2) Unless retired or discharged under an- the following: of selectees promulgated by the Secretary other provision of law, each officer who is ‘‘(1) Tuition and fees charged by the insti- under section 271(a) of this title. The number continued on active duty under subsection tution of higher education involved. of officers that a board may recommend to (b), is not subsequently promoted or contin- ‘‘(2) The cost of books. be placed at the top of the list of selectees ued on active duty, and is not on a list of of- ‘‘(3) In the case of a program of education may not exceed the percentages set forth in ficers recommended for continuation or for leading to a baccalaureate degree, labora- subsection (b) unless such a percentage is a promotion to the next higher grade, shall, if tory expenses. ‘‘(4) Such other expenses as are deemed ap- number less than one, in which case the eligible for retirement under any provision of law, be retired under that law on the first propriate by the Secretary. board may recommend one officer for such ‘‘(d) The amount of financial assistance day of the first month following the month placement. No officer may be recommended provided to a member under this section in which the period of continued service is to be placed at the top of the list of selectees shall be prescribed by the Secretary, but completed.’’ unless he or she receives the recommenda- may not exceed $25,000 for any academic tion of at least a majority of the members of SEC. 1327. RESERVE OFFICER PROMOTIONS. year. a board composed of five members, or at (a) Section 729(i) of title 14, United States ‘‘(e) Financial assistance may be provided least two-thirds of the members of a board Code is amended by inserting ‘‘on the date a to a member under this section for up to 5 composed of more than five members. vacancy occurs, or as soon thereafter as consecutive academic years. ‘‘(2) The Secretary shall conduct a survey practicable, in the grade to which the officer ‘‘(f) A member who receives financial as- of the Coast Guard officer corps to determine was selected for promotion, or if promotion sistance under this section may be ordered if implementation of this subsection will im- was determined in accordance with a run- to active duty in the Coast Guard Reserve by prove Coast Guard officer retention. A selec- ning mate system,’’ after ‘‘grade’’. the Secretary to serve in a designated en- tion board may not make any recommenda- (b) Section 731 of title 14, United States listed grade for such period as the Secretary tion under this subsection before the date Code, is amended by striking the period at prescribes, but not more than 4 years, if the the Secretary publishes a finding that imple- the end of the sentence in section 731, and in- member— mentation of this subsection will improve serting ‘‘, or in the event that promotion is ‘‘(1) completes the academic requirements Coast Guard officer retention and manage- not determined in accordance with a running of the program and refuses to accept an ap- ment. mate system, then a Reserve officer becomes pointment as a commissioned officer in the ‘‘(3) The Secretary shall submit any find- eligible for consideration for promotion to Coast Guard Reserve when offered; ing made by the Secretary pursuant to para- the next higher grade at the beginning of the ‘‘(2) fails to complete the academic re- graph (2) to the Committee on Transpor- promotion year in which he completes the quirements of the institution of higher edu- tation and Infrastructure of the House of following amount of service computed from cation involved; or Representatives and the Committee on Com- his date of rank in the grade in which he is ‘‘(3) fails to maintain eligibility for an merce, Science, and Transportation of the serving: original appointment as a commissioned offi- Senate.’’; ‘‘(1) 2 years in the grade of lieutenant (jun- cer. (2) by inserting ‘‘and the names of those of- ior grade). ‘‘(g)(1) If a member requests to be released ficers recommended to be advanced to the ‘‘(2) 3 years in the grade of lieutenant. from the program and the request is accept- top of the list of selectees established by the ‘‘(3) 4 years in the grade of lieutenant com- ed by the Secretary, or if the member fails Secretary under section 271(a) of this title’’ mander. because of misconduct to complete the pe- in section 260(a) after ‘‘promotion’’; and ‘‘(4) 4 years in the grade of commander. riod of active duty specified, or if the mem- (3) by inserting at the end of section 271(a) ‘‘(5) 3 years in the grade of captain.’’. ber fails to fulfill any term or condition of the following: ‘‘The names of all officers ap- (c) Section 736(a) of title 14, United States the written agreement required to be eligible proved by the President and recommended Code, is amended by inserting ‘‘the date of for financial assistance under this section, by the board to be placed at the top of the rank shall be the date of appointment in the financial assistance shall be terminated. list of selectees shall be placed at the top of that grade, unless the promotion was deter- The member shall reimburse the United the list of selectees in the order of seniority mined in accordance with a running mate States in an amount that bears the same on the active duty promotion list.’’. system, in which event’’ after ‘‘subchapter,’’ ratio to the total cost of the education pro- SEC. 1326. REGULAR LIEUTENANT COMMANDERS in the first sentence. vided to such person as the unserved portion AND COMMANDERS; CONTINUATION SEC. 1328. RESERVE STUDENT PRE-COMMIS- of active duty bears to the total period of ac- ON FAILURE OF SELECTION FOR SIONING ASSISTANCE PROGRAM. tive duty such person agreed to serve. The PROMOTION. (a) IN GENERAL.—Chapter 21 of title 14, Secretary shall have the option to order such Section 285 of title 14, United States Code, United States Code, is amended by inserting reimbursement without first ordering the is amended— after section 709 the following new section: member to active duty. (1) by striking ‘‘Each officer’’ and inserting ‘‘§ 709a. Reserve student pre-commissioning ‘‘(2) The Secretary may waive the service ‘‘(a) Each officer’’; and assistance program obligated under subsection (f) of a member (2) by adding at the end the following new ‘‘(a) The Secretary may provide financial who is not physically qualified for appoint- subsections: assistance to an eligible enlisted member of ment and who is determined to be unquali- ‘‘(b) A lieutenant commander or com- the Coast Guard Reserve, not on active duty, fied for service as an enlisted member of the mander of the Regular Coast Guard subject for expenses of the member while the mem- Coast Guard Reserve due to a physical or to discharge or retirement under subsection ber is pursuing on a full-time basis at an in- medical condition that was not the result of (a) may be continued on active duty when stitution of higher education a program of the member’s own misconduct or grossly the Secretary directs a selection board con- education approved by the Secretary that negligent conduct. An obligation to reim- vened under section 251 of this title to con- leads to— burse the United States imposed under this tinue up to a specified number of lieutenant ‘‘(1) a baccalaureate degree in not more paragraph is for all purposes a debt owed to commanders or commanders on active duty. than 5 academic years; or the United States. When so directed, the selection board shall ‘‘(2) a post-baccalaureate degree. ‘‘(3) A discharge in bankruptcy under title recommend those officers who in the opinion ‘‘(b)(1) To be eligible for financial assist- 11 that is entered less than five years after of the board are best qualified to advance the ance under this section, an enlisted member the termination of a written agreement en- needs and efficiency of the Coast Guard. of the Coast Guard Reserve shall— tered into under subsection (b) does not dis- When the recommendations of the board are ‘‘(A) be enrolled on a full-time basis in a charge the individual signing the agreement approved by the Secretary, the officers rec- program of education referred to in sub- from a debt arising under such agreement or ommended for continuation shall be notified section (a) at any institution of higher edu- under paragraph (1). that they have been recommended for con- cation; and ‘‘(h) As used in this section, the term ‘in- tinuation and offered an additional term of ‘‘(B) enter into a written agreement with stitution of higher education’ has the mean- service that fulfills the needs of the Coast the Coast Guard described in paragraph (2). ing given that term in section 101 of the Guard. ‘‘(2) A written agreement referred to in Higher Education Act of 1965 (209 U.S.C. ‘‘(c)(1) An officer who holds the grade of paragraph (1)(B) is an agreement between the 1001).’’. lieutenant commander of the Regular Coast member and the Secretary in which the (b) CLERICAL AMENDMENT.—The chapter Guard may not be continued on active duty member agrees— analysis for chapter 21 of title 14, United under subsection (b) for a period which ex- ‘‘(A) to accept an appointment as a com- States Code, is amended by adding the fol- tends beyond 24 years of active commis- missioned officer in the Coast Guard Re- lowing new item after the item relating to sioned service unless promoted to the grade serve, if tendered; section 709:‘‘709A. Reserve student pre-com- of commander of the Regular Coast Guard. ‘‘(B) to serve on active duty for up to five missioning assistance program.’’. An officer who holds the grade of commander years; and SEC. 1329. CONTINUATION ON ACTIVE DUTY BE- of the Regular Coast Guard may not be con- ‘‘(C) under such terms and conditions as YOND 30 YEARS. tinued on active duty under subsection (b) shall be prescribed by the Secretary, to serve Section 289 of title 14, United States Code, for a period which extends beyond 26 years of in the Coast Guard Reserve until the eighth is amended by adding at the end the fol- active commissioned service unless pro- anniversary of the date of the appointment. lowing: S5908 CONGRESSIONAL RECORD — SENATE June 21, 2002 ‘‘(h) Notwithstanding subsection (g) and separation pay under this section, each full nications, and digital selective calling serv- section 288 of this title, the Commandant month of service that is in addition to the ice; may by annual action retain on active duty number of full years of service creditable to (4) identify areas of high risk to boaters from promotion year to promotion year any the member is counted as one-twelfth of a and Coast Guard personnel due to commu- officer who would otherwise be retired under year and any remaining fractional part of a nications gaps; subsection (g) or section 288 of this title. An month is disregarded.’’; and (5) specify steps taken by the Secretary to officer so retained, unless retired under some (5) in section 327— fill existing gaps in coverage, including ob- other provision of law, shall be retired on (A) by striking ‘‘severance’’ in the section taining direction-finding equipment, digital June 30 of that promotion year in which no heading and inserting ‘‘separation’’; recording systems, asset-tracking commu- action is taken to further retain the officer (B) by striking subsection (a)(2) and insert- nications, use of commercial VHF services, under this subsection.’’. ing in its place the following: and digital selective calling services that SEC. 1330. PAYMENT OF DEATH GRATUITIES ON ‘‘(2) for discharge with separation benefits meet or exceed Global Maritime Distress and BEHALF OF COAST GUARD under section 286(c) of this title.’’; Safety System requirements adopted under AUXILIARISTS. (C) by striking subsection (a)(3); the International Convention for the Safety (a) Section 823a(b) of title 14, United States (D) by striking subsection (b)(2) and insert- of Life at Sea; Code, is amended by inserting the following ing in its place the following: (6) identify the number of VHF–FM radios new paragraph following paragraph (8): ‘‘(2) if on that date the officer is ineligible equipped with digital selective calling sold ‘‘(9) On or after January 1, 2001, the first for voluntary retirement under any law, be to United States boaters; section 651 contained in the Omnibus Con- honorably discharged with separation bene- (7) list all reported marine accidents, cas- solidated Appropriations Act, 1997 (110 Stat. fits under section 286(c) of this title, unless ualties, and fatalities occurring in areas 3009–368).’’. under regulations promulgated by the Sec- with existing communications gaps or fail- SEC. 1331. ALIGN COAST GUARD SEVERANCE PAY retary the condition under which the officer ures, including incidents associated with AND REVOCATION OF COMMISSION is discharged does not warrant an honorable gaps in VHF–FM coverage or digital selec- AUTHORITY WITH DEPARTMENT OF discharge.’’; and tive calling capabilities and failures associ- DEFENSE AUTHORITY. (E) by striking subsection (b)(3). ated with inadequate communications equip- (a) IN GENERAL.—Chapter 11 of title 14, (b) CLERICAL AMENDMENT.—The table of ment aboard the involved vessels during cal- United States Code, is amended— sections at the beginning of chapter 11 of (1) in section 281— endar years 1997 forward; (A) by striking ‘‘three’’ in the section title 14, United States Code, is amended— (8) identify existing systems available to heading and inserting ‘‘five’’; and (1) in the item relating to section 281, by close identified marine safety gaps before (B) by striking ‘‘three’’ in the text and in- striking ‘‘three’’ and inserting ‘‘five’’ in its January 1, 2003, including expeditious receipt serting ‘‘five’’; place; and and response by appropriate Coast Guard op- (2) in section 283(b)(2)(A), by striking ‘‘sev- (2) in the item relating to section 286, by erations centers to VHF–FM digital selective erance’’ and inserting ‘‘separation’’; striking ‘‘severance’’ and inserting ‘‘separa- calling distress signal; and (3) in section 286— tion’’ in its place; (9) identify actions taken to-date to imple- (A) by striking ‘‘severance’’ in the section (3) in the item relating to section 286a, by ment the recommendations of the National heading and inserting ‘‘separation’’; and striking ‘‘severance’’ and inserting ‘‘separa- Transportation Safety Board in its Report (B) by striking subsection (b) and inserting tion’’ in its place; and No. MAR–99–01. the following: (4) in the item relating to section 327, by SEC. 1342. EXTENSION OF TERRITORIAL SEA FOR ‘‘(b) An officer of the Regular Coast Guard striking ‘‘severance’’ and inserting ‘‘separa- VESSEL BRIDGE-TO-BRIDGE RADIO- who is discharged under this section or sec- tion’’ in its place. TELEPHONE ACT. tion 282, 283, or 284 of this title who has com- (c) EFFECTIVE DATE.—The amendments Section 4(b) of the Vessel Bridge-to-Bridge pleted 6 or more, but less than 20, continuous made by paragraphs (2), (3), (4), and (5) of Radio-telephone Act (33 U.S.C. 1203(b)), is years of active service immediately before subsection (a) shall take effect four years amended by striking ‘‘United States inside that discharge or release is entitled to sepa- after the date of enactment of this title, ex- the lines established pursuant to section 2 of ration pay computed under subsection (d)(1) cept that subsection (d) of section 286 of title the Act of February 19, 1895 (28 Stat. 672), as of section 1174 of title 10. 14, United States Code, as amended by para- amended.’’ and inserting ‘‘United States, ‘‘(c) An officer of the Regular Coast Guard graph (3) of subsection (a) of this section which includes all waters of the territorial who is discharged under section 327 of this shall take effect on enactment of this title sea of the United States as described in Pres- title, who has completed 6 or more, but less and shall apply with respect to conduct on or idential Proclamation 5928 of December 27, than 20, continuous years of active service after that date. The amendments made to 1988.’’. immediately before that discharge or release the table of sections of chapter 11 of title 14, SEC. 1343. ICEBREAKING SERVICES. is entitled to separation pay computed under United States Code, by paragraphs (2), (3), The Commandant of the Coast Guard shall subsection (d)(1) or (d)(2) of section 1174 of and (4) of subsection (b) of this section shall not plan, implement or finalize any regula- title 10 as determined under regulations pro- take effect four years after the date of enact- tion or take any other action which would mulgated by the Secretary. ment of this title. result in the decommissioning of any WYTL- ‘‘(d) Notwithstanding subsection (a) or (b), Subtitle C—Marine Safety class harbor tugs unless and until the Com- an officer discharged under chapter 11 of this mandant certifies in writing to the Com- title for twice failing of selection for pro- SEC. 1341. MODERNIZATION OF NATIONAL DIS- TRESS AND RESPONSE SYSTEM. mittee on Commerce, Science, and Transpor- motion to the next higher grade is not enti- (a) REPORT.—The Secretary of Transpor- tation of the Senate and the Committee on tled to separation pay under this section if Transportation and Infrastructure of the the officer requested in writing or otherwise tation shall prepare a status report on the modernization of the National Distress and House, that sufficient replacement assets sought not to be selected for promotion, or have been procured by the Coast Guard to re- requested removal from the list of select- Response System and transmit the report, not later than 60 days after the date of en- mediate any degradation in current ees.’’; icebreaking services that would be caused by (4) in section 286a— actment of this title, and annually there- (A) by striking ‘‘severance’’ in the section after until completion of the project, to the such decommissioning. heading and inserting ‘‘separation’’ in its Committee on Commerce, Science, and SEC. 1344. MODIFICATION OF VARIOUS REPORT- place; and Transportation of the Senate and the Com- ING REQUIREMENTS. (B) by striking subsections (a), (b), and (c) mittee on Transportation and Infrastructure (a) TERMINATION OF OIL SPILL LIABILITY and inserting the following: of the House of Representatives. TRUST FUND ANNUAL REPORT.— ‘‘(a) A regular warrant officer of the Coast (b) CONTENTS.—The report required by sub- (1) IN GENERAL.—The report regarding the Guard who is discharged under section 580 of section (a) shall— Oil Spill Liability Trust Fund required by title 10, and has completed 6 or more, but (1) set forth the scope of the moderniza- the Conference Report (House Report 101–892) less than 20, continuous years of active serv- tion, the schedule for completion of the Sys- accompanying the Department of Transpor- ice immediately before that discharge is en- tem, and provide information on progress in tation and Related Agencies Appropriations titled to separation pay computed under sub- meeting the schedule and on any anticipated Act, 1991, as that requirement was amended section (d)(1) of section 1174 of title 10. delays; by section 1122 of the Federal Reports Elimi- ‘‘(b) A regular warrant officer of the Coast (2) specify the funding expended to-date on nation and Sunset Act of 1995 (Pub. L. 104– Guard who is discharged under section 1165 the System, the funding required to com- 66), shall no longer be submitted to the Con- or 1166 of title 10, and has completed 6 or plete the system, and the purposes for which gress. more, but less than 20, continuous years of the funds were or will be expended; (2) REPEAL.—Section 1122 of the Federal active service immediately before that dis- (3) describe and map the existing public Reports Elimination and Sunset Act of 1995 charge is entitled to separation pay com- and private communications coverage (Pub. L. 104–66) is amended by— puted under subsection (d)(1) or (d)(2) of sec- throughout the waters of the coastal and in- (A) striking subsection (a); and tion 1174 of title 10, as determined under reg- ternal regions of the continental United (B) in subsection (b) by striking ‘‘(b)’’. ulations promulgated by the Secretary. States, Alaska, Hawaii, Guam, and the Car- (b) PRESERVATION OF CERTAIN REPORTING ‘‘(c) In determining a member’s years of ibbean, and identify locations that possess REQUIREMENTS.—Section 3003(a)(1) of the active service for the purpose of computing direction-finding, asset-tracking commu- Federal Reports Elimination and Sunset Act June 21, 2002 CONGRESSIONAL RECORD — SENATE S5909 of 1995 (31 U.S.C. 1113 note) does not apply to inserting ‘‘$5,000 in the case of a recreational evidence of intent to use a vessel to commit, any report required to be submitted under vessel, or $25,000 in the case of any other ves- or to facilitate the commission of, an offense any of the following provisions of law: sel.’’. under this chapter, and may support seizure (1) COAST GUARD OPERATIONS AND EXPENDI- SEC. 1438. FISHING VESSEL SAFETY TRAINING. and forfeiture of the vessel, even in the ab- TURES.—Section 651 of title 14, United States (a) IN GENERAL.—The Commandant of the sence of controlled substances aboard the Code. Coast Guard may provide support, with or vessel. The following indicia, inter alia, may (2) SUMMARY OF MARINE CASUALTIES RE- without reimbursement, to an entity en- be considered, in the totality of the cir- PORTED DURING PRIOR FISCAL YEAR.—Section gaged in fishing vessel safety training cumstances, to be prima facie evidence that 6307(c) of title 46, United States Code. including— a vessel is intended to be used to commit, or (3) USER FEE ACTIVITIES AND AMOUNTS.— (1) assistance in developing training cur- to facilitate the commission of an offense Section 664 of title 46, United States Code. under this chapter: (4) CONDITIONS OF PUBLIC PORTS OF THE ricula; (2) use of Coast Guard personnel, including ‘‘(1) The construction or adaptation of the UNITED STATES.—Section 308(c) of title 49, vessel in a manner that facilitates smug- United States Code. active duty members, members of the Coast gling, including— (5) ACTIVITIES OF FEDERAL MARITIME COM- Guard Reserve, and members of the Coast ‘‘(A) the configuration of the vessel to ride MISSION.—Section 208 of the Merchant Ma- Guard Auxiliary, as temporary or adjunct in- rine Act, 1936 (46 U.S.C. App. 1118). structors; low in the water or present a low hull profile (6) ACTIVITIES OF INTERAGENCY COORDI- (3) sharing of appropriate Coast Guard in- to avoid being detected visually or by radar; ‘‘(B) the presence of any compartment or NATING COMMITTEE ON OIL POLLUTION RE- formational and safety publications; and equipment which is built or fitted out for SEARCH.—Section 7001(e) of the Oil Pollution (4) participation on application fishing ves- Act of 1990 (33 U.S.C. 2761(e)). sel safety training advisory panels. smuggling, not including items such as a safe or lock-box reasonably used for the stor- SEC. 1345. OIL SPILL LIABILITY TRUST FUND; (b) No Interference with Other Func- EMERGENCY FUND ADVANCEMENT tions.—In providing support under sub- age of personal valuables; AUTHORITY. section (a), the Commandant shall ensure ‘‘(C) the presence of an auxiliary tank not Section 6002(b) of the Oil Pollution Act of that the support does not interfere with any installed in accordance with applicable law, 1990 (33 U.S.C. 2752(b)) is amended after the Coast Guard function or operation. or installed in such a manner as to enhance first sentence by inserting ‘‘To the extent SEC. 1349. EXTEND TIME FOR RECREATIONAL the vessel’s smuggling capability; that such amount is not adequate for re- VESSEL AND ASSOCIATED EQUIP- ‘‘(D) the presence of engines that are exces- moval of a discharge or the mitigation or MENT RECALLS. sively over-powered in relation to the design prevention of a substantial threat of a dis- Section 4310(c) of title 46, United States and size of the vessel; charge, the Coast Guard may obtain an ad- Code, is amended— ‘‘(E) the presence of materials used to re- vance from the Fund such sums as may be (1) by striking ‘‘5’’ wherever it appears and duce or alter the heat or radar signature of necessary, up to a maximum of $100,000,000, inserting ‘‘10’’ in its place in paragraph (2)(A) the vessel and avoid detection; and within 30 days shall notify Congress of and (B). ‘‘(F) the presence of a camouflaging paint the amount advanced and the facts and cir- (2) by inserting ‘‘by first class mail or’’ in scheme, or of materials used to camouflage cumstances necessitating the advance. front of ‘‘by certified mail’’ in paragraph the vessel, to avoid detection; or Amounts advanced shall be repaid to the (1)(A), (B), and (C). ‘‘(G) the display of false vessel registration numbers, false indicia of vessel nationality, Fund when, and to the extent that removal SEC. 1350. SAFETY EQUIPMENT REQUIREMENT. false vessel name, or false vessel homeport. costs are recovered by the Coast Guard from The Commandant of the Coast Guard shall responsible parties for the discharge or sub- ‘‘(2) The presence or absence of equipment, ensure that all Coast Guard personnel are personnel, or cargo inconsistent with the stantial threat of discharge.’’. equipped with adequate safety equipment, SEC. 1346. MERCHANT MARINER DOCUMENTA- type or declared purpose of the vessel. including survival suits where appropriate, ‘‘(3) The presence of excessive fuel, lube TION REQUIREMENTS. while performing search and rescue missions. (a) INTERIM MERCHANT MARINERS’ DOCU- oil, food, water, or spare parts, inconsistent SEC. 1351. MARINE CASUALTY INVESTIGATIONS MENTS.—Section 7302 of title 46, United with legitimate vessel operation, incon- INVOLVING FOREIGN VESSELS. States Code, is amended— sistent with the construction or equipment (1) by striking ‘‘A’’ in subsection (f) and in- Section 6101 of title 46, United States Code, of the vessel, or inconsistent with the char- serting ‘‘Except as provided in subsection is amended— acter of the vessel’s stated purpose. (g), a’’; and (1) 2 redesignating the second subsection ‘‘(4) The operation of the vessel without (2) by adding at the end the following: (e) as subsection (f); and lights during times lights are required to be ‘‘(g)(1) The Secretary may, pending receipt (2) by adding at the end the following new displayed under applicable law or regulation, and review of information required under subsection: and in a manner of navigation consistent subsections (c) and (d), immediately issue an ‘‘(g) To the extend consistent with gen- with smuggling tactics used to avoid detec- interim merchant mariner’s document valid erally recognized practices and procedures of tion by law enforcement authorities. for a period not to exceed 120 days, to— international law, this part applies to a for- ‘‘(5) The failure of the vessel to stop or re- ‘‘(A) an individual to be employed as gam- eign vessel involved in a marine casualty or spond or heave to when hailed by govern- ing personnel, entertainment personnel, wait incident, as defined in the International ment authority, especially where the vessel staff, or other service personnel on board a Maritime Organization Code for the Inves- conducts evasive maneuvering when hailed. passenger vessel not engaged in foreign serv- tigation of Marine Casualties and Incidents, ‘‘(6) The declaration to government au- ice, with no duties, including emergency du- where the United States is a Substantially thority of apparently false information ties, related to the navigation of the vessel Interested State and is, or has the consent about the vessel, crew, or voyage, or the fail- or the safety of the vessel, its crew, cargo or of, the Lead Investigating State under the ure to identify the vessel by name or country passengers; or Code.’’. of registration when requested to do so by ‘‘(B) an individual seeking renewal of, or SEC. 1352. MARITIME DRUG LAW ENFORCEMENT government authority. qualifying for a supplemental endorsement ACT AMENDMENTS. ‘‘(7) The presence of controlled substance to, a valid merchant mariner’s document (a) Section 3 of the Maritime Drug Law En- residue on the vessel, on an item aboard the issued under this section. forcement Act (46 U.S.C. App. 1903) is vessel, or on a person aboard the vessel, of a ‘‘(2) No more than one interim document amended— quantity or other nature which reasonably may be issued to an individual under para- (1) in subsection (c)(1)(D) by striking indicates manufacturing or distribution ac- graph (1)(A) of this subsection.’’. ‘‘and’’; tivity. (b) EXCEPTION.—Section 8701(a) of title 46, (2) in subsection (c)(1)(E) by striking ‘‘(8) The use of petroleum products or other United States Code, is amended— ‘‘United States.’’ and inserting ‘‘United (1) by striking ‘‘and’’ after the semicolon substances on the vessel to foil the detection States; and’’; and in paragraph (8); of controlled substance residue. (2) by redesignating paragraph (9) as para- (3) by inserting after subsection (c)(1)(E) ‘‘(9) The presence of a controlled substance graph (10); and the following: in the water in the vicinity of the vessel, (3) by inserting after paragraph (8) the fol- ‘‘(F) a vessel located in the contiguous where given the currents, weather condi- lowing: zone of the United States, as defined in Pres- tions, and course and speed of the vessel, the ‘‘(9) a passenger vessel not engaged in a idential Proclamation 7219 of September 2, quantity or other nature is such that it rea- foreign voyage with respect to individuals on 1999, and (i) is entering the United States, sonably indicates manufacturing or distribu- board employed for a period of not more than (ii) has departed the United States, or (iii) is tion activity.’’. 30 service days within a 12 month period as a hovering vessel as defined in 19 U.S.C. SEC. 1353. TEMPORARY CERTIFICATES OF DOCU- entertainment personnel, with no duties, in- 1401(k).’’. MENTATION FOR RECREATIONAL cluding emergency duties, related to the (b) Section 4 of the Maritime Drug Law En- VESSELS. navigation of the vessel or the safety of the forcement Act (46 U.S.C. App. 1904) is (a) Section 12103 (a) of title 46, United vessel, its crew, cargo or passengers; and’’. amended— States Code, is amended by inserting ’’, or a SEC. 1347. PENALTIES FOR NEGLIGENT OPER- (1) by inserting ‘‘(a)’’ before ‘‘Any prop- temporary certificate of documentation,’’ ATIONS AND INTERFERING WITH erty’’; and after ‘‘certificate of documentation’’. SAFE OPERATION. (2) by adding at the end the following: (b)(1) Chapter 121 of title 46, United States Section 2302(a) of title 46, United States ‘‘(b) Practices commonly recognized as Code, is amended by adding a new section Code, is amended by striking ‘‘$1,000.’’ and smuggling tactics may provide prima facie 12103a, as follows: S5910 CONGRESSIONAL RECORD — SENATE June 21, 2002 ‘‘§ 12103a. Issuance of temporary certificate of Maine Aquarium Development Corporation, of the United States, for additional lease documentation by third parties its successors and assigns, without payment terms. ‘‘(a) The Secretary of Transportation may for consideration, all right, title, and inter- (4) LIMITATION ON SUBLEASES.—The United delegate, subject to the supervision and con- est of the United States in and to approxi- States may not sublease the leased premises trol of the Secretary and under terms set out mately 4.13 acres of land, including a pier to a third party or use the leased premises by regulation, to private entities determined and bulkhead, known as the Naval Reserve for purposes other than fulfilling the mis- and certified by the Secretary to be quali- Pier property, together with any improve- sions of the Coast Guard and for other mis- fied, the authority to issue a temporary cer- ments thereon in their then current condi- sion related activities. (5) TERMINATION.—In the event that the tificate of documentation for a recreational tion, located in Portland, Maine. All condi- Coast Guard ceases to use the leased prem- vessel, if the applicant for the certificate of tions placed with the deed of title shall be ises, the Administrator, in consultation with documentation meets the requirements set construed as covenants running with the the Commandant, may terminate the lease out in sections 12102 and 12103 of this chap- land. (2) IDENTIFICATION OF PROPERTY.—The Ad- with the Corporation. ter. ministrator, in consultation with the Com- (c) IMPROVEMENT OF LEASED PREMISES.— ‘‘(b) A temporary certificate of documenta- mandant of the Coast Guard, may identify, (1) IN GENERAL.—The Naval Reserve Pier tion issued under section 12103(a) and sub- describe, and determine the property to be property shall not be conveyed until the Cor- section (a) of this section is valid for up to 30 conveyed under this section. The floating poration enters into an agreement with the days from issuance.’’. docks associated with or attached to the United States subject to the Commandant’s (2) The table of sections at the beginning of Naval Reserve Pier property shall remain design specifications, project’s schedule, and chapter 121 of title 46, United States Code, is the personal property of the United States. final project approval, to replace the bulk- amended by inserting after the item relating (b) LEASE TO THE UNITED STATES.— head and pier which connects to and provides to section 12103 the following: (1) CONDITION OF CONVEYANCE.—The Naval access from, the bulkhead to the floating ‘‘12103a. Issuance of temporary certificate of Reserve Pier property shall not be conveyed docks, at the Corporation’s sole cost and ex- documentation by third par- until the Corporation enters into a lease pense, on the east side of the Naval Reserve ties.’’. agreement with the United States, the terms Pier property within 30 months from the Subtitle D—Renewal of Advisory Groups of which are mutually satisfactory to the date of conveyance. The agreement to im- Commandant and the Corporation, in which prove the leased premises shall be executed SEC. 1361. COMMERCIAL FISHING INDUSTRY VES- the Corporation shall lease a portion of the within 12 months after the date of enactment SEL ADVISORY COMMITTEE. Naval Reserve Pier property to the United of this title. (a) COMMERCIAL FISHING INDUSTRY VESSEL States for a term of 30 years without pay- (2) FURTHER IMPROVEMENTS.—In addition to ADVISORY COMMITTEE.—Section 4508 of title ment of consideration. The lease agreement the improvements described in paragraph (1), 46, United States Code, is amended— shall be executed within 12 months after the the Commandant is authorized to further im- (1) by inserting ‘‘Safety’’ in the heading date of enactment of this title. prove the leased premises during the lease after ‘‘Vessel’’; (2) IDENTIFICATION OF LEASED PREMISES.— term, at the United States’ sole cost and ex- (2) by inserting ‘‘Safety’’ in subsection (a) The Administrator, in consultation with the pense. after ‘‘Vessel’’; Commandant, may identify and describe the (d) UTILITY INSTALLATION AND MAINTE- (3) by striking ‘‘(5 U.S.C. App. 1 et seq.)’’ in leased premises and rights of access, includ- NANCE OBLIGATIONS.— subsection (e)(1) and inserting ‘‘(5 U.S.C. ing the following, in order to allow the Coast (1) UTILITIES.—The Naval Reserve Pier App.)’’; and Guard to operate and perform missions from property shall not be conveyed until the Cor- (4) by striking ‘‘September 30, 2000’’ and in- and upon the leased premises: poration enters into an agreement with the serting ‘‘September 30, 2005’’. (A) The right of ingress and egress over the United States to allow the United States to (b) CONFORMING AMENDMENT.—The chapter Naval Reserve Pier property, including the operate and maintain existing utility lines analysis for chapter 45 of title 46, United pier and bulkhead, at any time, without no- and related equipment, at the United States’ States Code, is amended by striking the item tice, for purposes of access to Coast Guard sole cost and expense. At such time as the relating to section 4508 and inserting the fol- vessels and performance of Coast Guard mis- Corporation constructs its proposed public lowing: sions and other mission-related activities. aquarium, the Corporation shall replace ex- ‘‘4508. Commercial Fishing Industry Vessel (B) The right to berth Coast Guard cutters isting utility lines and related equipment Safety Advisory Committee.’’. or other vessels as required, in the moorings and provide additional utility lines and equipment capable of supporting a third 110- SEC. 1362. HOUSTON-GALVESTON NAVIGATION along the east side of the Naval Reserve Pier SAFETY ADVISORY COMMITTEE. property, and the right to attach floating foot Coast Guard cutter, with comparable, new, code compliant utility lines and equip- Section 18(h) of the Coast Guard Author- docks which shall be owned and maintained ment at the Corporation’s sole cost and ex- ization Act of 1991 (Public Law 102—241) is at the United States’ sole cost and expense. (C) The right to operate, maintain, remove, pense, maintain such utility lines and re- amended by striking ‘‘September 30, 2000.’’ relocate, or replace an aid to navigation lo- lated equipment from an agreed upon demar- and inserting ‘‘September 30, 2005.’’. cated upon, or to install any aid to naviga- cation point, and make such utility lines and SEC. 1363. LOWER MISSISSIPPI RIVER WATERWAY tion upon, the Naval Reserve Pier property equipment available for use by the United ADVISORY COMMITTEE. as the Coast Guard, in its sole discretion, States, provided that the United States pays Section 19 of the Coast Guard Authoriza- may determine is needed for navigational for its use of utilities at its sole cost and ex- tion Act of 1991 (Public Law 102–241) is purposes. pense. The agreement concerning the oper- amended by striking ‘‘September 30, 2000’’ in (D) The right to occupy up to 3,000 contig- ation and maintenance of utility lines and subsection (g) and inserting ‘‘September 30, uous gross square feet at the Naval Reserve equipment shall be executed within 12 2005’’. Pier property for storage and office space, months after the date of enactment of this SEC. 1364. NAVIGATION SAFETY ADVISORY COUN- which will be provided and constructed by title. CIL. the Corporation, at the Corporation’s sole (2) MAINTENANCE.—The Naval Reserve Pier Section 5 of the Inland Navigational Rules cost and expense, and which will be main- property shall not be conveyed until the Cor- Act of 1980 (33 U.S.C. 2073) is amended by tained, and utilities and other operating ex- poration enters into an agreement with the striking ‘‘September 30, 2000’’ in subsection penses paid for, by the United States at its United States to maintain, at the Corpora- (d) and inserting ‘‘September 30, 2005’’. sole cost and expense. tion’s sole cost and expense, the replacement SEC. 1365. NATIONAL BOATING SAFETY ADVISORY (E) The right to occupy up to 1,200 contig- bulkhead and pier on the east side of the COUNCIL. uous gross square feet of offsite storage in a Naval Reserve Pier property. The agreement Section 13110 of title 46, United States location other than the Naval Reserve Pier concerning the maintenance of the bulkhead Code, is amended by striking ‘‘September 30, property, which will be provided by the Cor- and pier shall be executed within 12 months 2000’’ in subsection (e) and inserting ‘‘Sep- poration at the Corporation’s sole cost and after the date of enactment of this title. tember 30, 2005’’. expense, and which will be maintained, and (3) AIDS TO NAVIGATION.—The United States SEC. 1366. TOWING SAFETY ADVISORY COM- utilities and other operating expenses paid shall be required to maintain, at its sole cost MITTEE. for, by the United States at its sole cost and and expense, any Coast Guard active aid to The Act entitled ‘‘An Act to Establish a expense. navigation located upon the Naval Reserve Towing Safety Advisory Committee in the (F) The right for Coast Guard personnel to Pier property. Department of Transportation’’ (33 U.S.C. park up to 60 vehicles, at no expense to the (e) ADDITIONAL RIGHTS.—The conveyance of 1231a) is amended by striking ‘‘September 30, government, in the Corporation’s parking the Naval Reserve Pier property shall be 2000.’’ in subsection (e) and inserting ‘‘Sep- spaces on the Naval Reserve Pier property or made subject to conditions the Adminis- tember 30, 2005.’’. in parking spaces that the Corporation may trator or the Commandant consider nec- secure within 1,000 feet of the Naval Reserve essary to ensure that— Subtitle E—Miscellaneous Pier property or within 1,000 feet of the (1) the Corporation shall not interfere or SEC. 1381. CONVEYANCE OF COAST GUARD PROP- Coast Guard Marine Safety Office Portland. allow interference, in any manner, with use ERTY IN PORTLAND, MAINE. Spaces for no less than 30 vehicles shall be of the leased premises by the United States; (a) AUTHORITY TO CONVEY.— located on the Naval Reserve Pier property. and (1) IN GENERAL.—The Administrator of (3) RENEWAL.—The lease described in para- (2) the Corporation shall not interfere or General Services may convey to the Gulf of graph (1) may be renewed, at the sole option allow interference, in any manner, with any June 21, 2002 CONGRESSIONAL RECORD — SENATE S5911 aid to navigation nor hinder activities re- lected for the establishment of a prototype SEC. 1385. LONG-TERM LEASE AUTHORITY FOR quired for the operation and maintenance of committee under subsection (b); or LIGHTHOUSE PROPERTY. any aid to navigation, without the express (3) preempts State law. (a) IN GENERAL.—Chapter 17 of title 14, written permission of the head of the agency (d) NONAPPLICATION OF FACA.—The Fed- United States Code, is amended by adding at responsible for operating and maintaining eral Advisory Committee Act (5 U.S.C. App.) the end a new section 672b to read as follows: the aid to navigation. does not apply to harbor safety committees ‘‘§ 672b. Long-term lease authority for light- (f) REMEDIES AND REVERSIONARY INTER- established under this section or any other house property EST.—The Naval Reserve Pier property, at provision of law. ‘‘(a) The Commandant of the Coast Guard the option of the Administrator, shall revert (e) HARBOR SAFETY COMMITTEE DEFINED.— may lease to non-Federal entities, including to the United States and be placed under the In this section, the term ‘‘harbor safety com- private individuals, lighthouse property administrative control of the Administrator, mittee’’ means a local coordinating body— under the administrative control of the if, and only if, the Corporation fails to abide (1) whose responsibilities include recom- Coast Guard for terms not to exceed 30 years. by any of the terms of this section or any mending actions to improve the safety, mo- Consideration for the use and occupancy of agreement entered into under subsection (b), bility, environmental protection, and port lighthouse property leased under this sec- (c), or (d) of this section. security of a port or waterway; and tion, and for the value of any utilities and (g) LIABILITY OF THE PARTIES.—The liabil- (2) the membership of which includes rep- services furnished to a lessee of such prop- ity of the United States and the Corporation resentatives of government agencies, mari- erty by the Commandant, may consist, in for any injury, death, or damage to or loss of time labor, maritime industry companies whole or in part, of non-pecuniary remunera- property occurring on the leased property and organizations, environmental groups, tion including, but not limited to, the im- shall be determined with reference to exist- and public interest groups. provement, alteration, restoration, rehabili- ing State or Federal law, as appropriate, and SEC. 1383. LIMITATION OF LIABILITY OF PILOTS tation, repair, and maintenance of the leased any such liability may not be modified or en- AT COAST GUARD VESSEL TRAFFIC premises by the lessee. Section 321 of chapter larged by this title or any agreement of the SERVICES. 314 of the Act of June 30, 1932 (40 U.S.C. 303b) parties. (a) IN GENERAL.—Chapter 23 of title 46, shall not apply to leases issued by the Com- (h) EXPIRATION OF AUTHORITY TO CONVEY.— United States Code, is amended by adding at mandant under this section. The authority to convey the Naval Reserve the end the following: ‘‘(b) Amounts received from leases made property under this section shall expire 3 ‘‘§ 2307. Limitation of liability for Coast under this section, less expenses incurred, years after the date of enactment of this Guard Vessel Traffic Service pilots shall be deposited in the Treasury.’’. title. ‘‘Any pilot, acting in the course and scope (b) CLERICAL AMENDMENT.—The table of (i) DEFINITIONS.—In this section: of his duties while at a United States Coast sections at the beginning of chapter 17 of (1) AID TO NAVIGATION.—The term ‘‘aids to Guard Vessel Traffic Service, who provides title 14, United States Code, is amended by navigation’’ means equipment used for navi- information, advice or communication as- adding after the item relating to section 672 gational purposes, including but not limited sistance shall not be liable for damages the following: to, a light, antenna, sound signal, electronic caused by or related to such assistance un- ‘‘672b. Long-term lease authority for light- navigation equipment, cameras, sensors less the acts or omissions of such pilot con- house property.’’. power source, or other related equipment stitute gross negligence or willful mis- SEC. 1386. ELECTRONIC FILING OF COMMERCIAL which are operated or maintained by the conduct.’’. INSTRUMENTS FOR VESSELS. United States. (b) CLERICAL AMENDMENT.—The chapter Section 31321(a)(4) of title 46, United States (2) CORPORATION.—The term ‘‘Corporation’’ analysis for chapter 23 of title 46, United Code, is amended— means the Gulf of Maine Aquarium Develop- States Code, is amended by adding at the end (1) by striking ‘‘(A)’’; and ment Corporation, its successors and assigns. (2) by striking subparagraph (B). the following: SEC. 1382. HARBOR SAFETY COMMITTEES. SEC. 1387. RADIO DIRECTION FINDING APPA- ‘‘2307. Limitation of liability for Coast Guard (a) STUDY.—The Coast Guard shall study RATUS CARRIAGE REQUIREMENT. existing harbor safety committees in the Vessel Traffic Service pilots’’. The first sentence of section 365 of the United States to identify— SEC. 1384. CONFORMING REFERENCES TO THE Communications Act of 1934 (47 U.S.C. 363) is (1) strategies for gaining successful co- FORMER MERCHANT MARINE AND amended by striking ‘‘operators.’’ and insert- operation among the various groups having FISHERIES COMMITTEE. ing ‘‘operators, or with radio direction-find- an interest in the local port or waterway; (a) LAWS CODIFIED IN TITLE 14, UNITED ing apparatus.’’. (2) organizational models that can be ap- STATES CODE.— SEC. 1388. WING-IN-GROUND CRAFT. plied to new or existing harbor safety com- (1) Section 194(b)(2) of title 14, United (a) Section 2101(35) of title 46, United mittees or to prototype harbor safety com- States Code, is amended by striking ‘‘Mer- States Code, is amended by inserting ‘‘a mittees established under subsection (b); chant Marine and Fisheries’’ and inserting wing-in-ground craft, regardless of tonnage, (3) technological assistance that will help ‘‘Transportation and Infrastructure’’. carrying at least one passenger for hire, harbor safety committees overcome local (2) Section 663 of title 14, United States and’’ after the phrase ‘‘ ‘small passenger ves- impediments to safety, mobility, environ- Code, is amended by striking ‘‘Merchant Ma- sel’ means’’. mental protection, and port security; and rine and Fisheries’’ and inserting ‘‘Transpor- (b) Section 2101 of title 46, United States (4) recurring resources necessary to ensure tation and Infrastructure’’. Code, is amended by adding at the end the the success of harbor safety committees. (3) Section 664 of title 14, United States following: (b) PROTOTYPE COMMITTEES.—The Coast Code, is amended by striking ‘‘Merchant Ma- ‘‘(48) wing-in-ground craft means a vessel Guard shall test the feasibility of expanding rine and Fisheries’’ and inserting ‘‘Transpor- that is capable of operating completely the harbor safety committee concept to tation and Infrastructure’’. above the surface of the water on a dynamic small and medium-sized ports that are not (b) LAWS CODIFIED IN TITLE 33, UNITED air cushion created by aerodynamic lift due generally served by a harbor safety com- STATES CODE.— to the ground effect between the vessel and mittee by establishing 1 or more prototype (1) Section 3(d)(3) of the International the water’s surface.’’. harbor safety committees. In selecting a lo- Navigational Rules Act of 1977 (33 U.S.C. SEC. 1389. DELETION OF THUMBPRINT REQUIRE- cation or locations for the establishment of 1602(d)(3)) is amended by striking ‘‘Merchant MENT FOR MERCHANT MARINERS’ a prototype harbor safety committee, the Marine and Fisheries,’’ and inserting ‘‘Trans- DOCUMENTS. Coast Guard shall— portation and Infrastructure,’’. Section 7303 of title 46, United States Code, (1) consider the results of the study con- (2) Section 5004(2) of the Oil Pollution Act is amended by striking ‘‘the thumbprint,’’. ducted under subsection (a); of 1990 (33 U.S.C. 2734(2)) is amended by strik- SEC. 1390. AUTHORIZATION OF PAYMENT. (2) consider identified safety issues for a ing ‘‘Merchant Marine and Fisheries’’ and in- (a) IN GENERAL.—The Secretary of the particular port; serting ‘‘Transportation and Infrastructure’’. Treasury shall pay the sum of $71,000, out of (3) compare the potential benefits of estab- (c) LAWS CODIFED IN TITLE 46, UNITED funds in the Treasury not otherwise appro- lishing such a committee with the burdens STATES CODE.— priated, to the State of Hawaii, such sum the establishment of such a committee (1) Section 6307 of title 46, United States being the damages arising out of the June 19, would impose on participating agencies and Code, is amended by striking ‘‘Merchant Ma- 1997, allision by the United States Coast organizations; rine and Fisheries’’ and inserting ‘‘Transpor- Guard Cutter RUSH with the ferry pier at (4) consider the anticipated level of sup- tation and Infrastructure’’. Barber’s Point Harbor, Hawaii. port from interested parties; and (2) Section 901g(b)(3) of the Merchant Ma- (b) FULL SETTLEMENT.—The payment made (5) take into account such other factors as rine Act, 1936 (46 U.S.C. App. 1241k(b)(3)) is under subsection (a) is in full settlement of may be appropriate. amended by striking ‘‘Merchant Marine and all claims by the State of Hawaii against the (c) EFFECT ON EXISTING PROGRAMS AND Fisheries’’ and inserting ‘‘Transportation United States arising from the June 19, 1997, STATE LAW.—Nothing in this section— and Infrastructure’’. allision. (1) limits the scope or activities of harbor (3) Section 913(b) of the International Mari- SEC. 1391. ADDITIONAL COAST GUARD FUNDING safety in existence on the date of enactment time and Port Security Act (46 U.S.C. App. NEEDS AFTER SEPTEMBER 11, 2001. of this title; 1809(b)) is amended by striking ‘‘Merchant No later than 90 days after the date of en- (2) precludes the establishment of new har- Marine and Fisheries’’ and inserting ‘‘Trans- actment of this title, the Secretary, in con- bor safety committees in locations not se- portation and Infrastructure’’. sultation with the Director of the Office of S5912 CONGRESSIONAL RECORD — SENATE June 21, 2002 Homeland Security shall submit a report to ‘‘(N) the location or position of the vessel to prescribe personnel strengths for such fis- the Congress that— at the time of the report; cal year for the Armed Forces, and for other (1) compares Coast Guard expenditures by ‘‘(O) a list of crew members on board the purposes; which was ordered to lie on the mission area on an annualized basis before vessel including, with respect to each crew table. and after the terrorist attacks of September member— SA 3953. Mr. LEVIN (for himself and Mr. 11, 2001; ‘‘(i) the full name; WARNER) proposed an amendment to the bill (2) estimates— ‘‘(ii) the date of birth; S. 2514, supra. (A) annual funding amounts and personnel ‘‘(iii) the nationality; SA 3954. Mr. LEVIN (for Mr. NELSON, of levels that would restore all Coast Guard ‘‘(iv) the passport number or mariners doc- Florida (for himself and Mr. ALLARD)) pro- mission areas to the readiness levels that ex- ument number; and posed an amendment to the bill S. 2514, isted before September 11, 2001; ‘‘(v) the position or duties; supra. (B) annual funding amounts and personnel ‘‘(P) a list of persons other than crew mem- SA 3955. Mr. WARNER (for Mrs. levels required to fulfill the Coast Guard’s bers on board the vessel including, with re- HUTCHISON) proposed an amendment to the additional responsibilities for port security spect to each such person— bill S. 2514, supra. after September 11, 2001; and ‘‘(i) the full name; SA 3956. Mr. LEVIN (for Mr. AKAKA (for (C) annual funding amounts and personnel ‘‘(ii) the date of birth; himself and Mr. INHOFE)) proposed an amend- levels required to increase law enforcement ‘‘(iii) the nationality; and ment to the bill S. 2514, supra. needs in mission areas other than port secu- ‘‘(iv) the passport number; and SA 3957. Mr. LEVIN (for Mr. AKAKA (for rity after September 11, 2001; ‘‘(Q) any other information required by the himself and Mr. INHOFE)) proposed an amend- (3) generally describes the services pro- Secretary. ment to the bill S. 2514, supra. vided by the Coast Guard to the Department ‘‘(2) FORM AND TIME.—The Secretary may SA 3958. Mr. LEVIN (for Mr. AKAKA (for of Defense after September 11, 2001, and require prearrival messages under subsection himself and Mr. INHOFE)) proposed an amend- states the cost of such services; and (a)(5) to be submitted— ment to the bill S. 2514, supra. (4) identifies the Federal agency providing ‘‘(A) in electronic or other form; and SA 3959. Mr. LEVIN (for Mr. AKAKA (for funds for those services. ‘‘(B) to be submitted not later than 96 himself and Mr. INHOFE)) proposed an amend- SEC. 1392. REPEAL OF SPECIAL AUTHORITY TO hours before the vessel’s arrival or at such ment to the bill S. 2514, supra. REVOKE ENDORSEMENTS. time, as provided in regulations, as the Sec- SA 3960. Mr. LEVIN (for Mr. AKAKA (for Section 503 of the Coast Guard Authoriza- retary deems necessary to permit the Sec- himself and Mr. INHOFE)) proposed an amend- tion Act of 1998 (46 U.S.C. 12106 note) is re- retary to examine thoroughly all informa- ment to the bill S. 2514, supra. pealed. LINTON tion provided. SA 3961. Mr. LEVIN (for Mrs. C (for himself and Mr. SCHUMER)) proposed an SEC. 1393. PREARRIVAL MESSAGES FROM VES- ‘‘(3) INFORMATION NOT SUBJECT TO FOIA.— SELS DESTINED TO UNITED STATES Section 552 of title 5, United States Code, amendment to the bill S. 2514, supra. PORTS. SA 3962. Mr. SARBANES submitted an does not apply to any information submitted (a) PREARRIVAL MESSAGE REQUIREMENTS.— amendment intended to be proposed by him under subsection (a)(5). Section 4 of the Ports and Waterways Safety to the bill S. 2514, supra; which was ordered ‘‘(4) ENFORCEMENT OF REQUIREMENT.—The Act (33 U.S.C. 1223) is amended— to lie on the table. Secretary may deny entry of a vessel into (1) by striking paragraph (5) of subsection SA 3963. Mrs. FEINSTEIN (for herself and the territorial sea of the United States if the (a) and inserting the following: Mr. STEVENS) submitted an amendment in- Secretary has not received notification for (5) ‘‘may require the receipt of prearrival tended to be proposed by her to the bill S. the vessel in accordance with subsection messages from any vessel destined for a port 2514, supra; which was ordered to lie on the (a)(5).’’ or place subject to the jurisdiction of the table. (b) RELATION OF PREARRIVAL MESSAGE RE- United States in accordance with subsection SA 3964. Mrs. FEINSTEIN submitted an QUIREMENT TO OTHER PROVISION OF LAW.— (e).’’; and amendment intended to be proposed by her Section 5 of the Ports and Waterways Safety (2) by adding at the end the following: to the bill S. 2514, supra; which was ordered Act (33 U.S.C. 1224) is amended by adding at ‘‘(e) PREARRIVAL MESSAGE REQUIRE- to lie on the table. MENTS.— the end the following: SA 3965. Mr. THOMPSON (for himself and ‘‘(c) RELATION TO PREARRIVAL MESSAGE RE- ‘‘(1) IN GENERAL.—The Secretary may re- Mr. WARNER) submitted an amendment in- quire prearrival messages under subsection QUIREMENT.—Nothing in this section inter- tended to be proposed by him to the bill S. (a)(5) to provide any information that the feres with the Secretary’s authority to re- 2514, supra; which was ordered to lie on the Secretary determines is necessary for the quire information under section 4(a)95) be- table. control of the vessel and the safety and secu- fore a vessel’s arrival in a port or place sub- rity of the port, waterways, facilities, ves- ject to the jurisdiction of the United f sels, and marine environment, including— States.’’. TEXT OF AMENDMENTS ‘‘(A) the route and name of each port and SEC. 1394. SAFETY AND SECURITY OF PORTS AND each place of destination in the United WATERWAYS. SA 3952. Mr. NELSON of Florida (for States; The Ports and Waterways Safety Act (33 himself, Mr. MCCAIN, Mr. CLELAND, and ‘‘(B) the estimated date and time of arrival U.S.C. 1221 et seq.) is amended— Mr. ROBERTS) submitted an amendment at each port or place; (1) by striking ‘‘safety and protection of intended to be proposed by him to the ‘‘(C) the name of the vessel; the marine environment’’ in section 2(a) (33 bill S. 2514, to authorize appropriations ‘‘(D) the country of registry of the vessel; U.S.C. 1221(a)) and inserting ‘‘safety, protec- for fiscal year 2003 for military activi- ‘‘(E) the call sign of the vessel; tion of the marine environment, and safety ‘‘(F) the International Maritime Organiza- ties of the Department of Defense, for and security of United States ports and wa- military construction, and for defense tion (IMO) international number or, if the terways’’; and vessel does not have an assigned IMO inter- (2) by striking ‘‘safety and protection of activities of the Department of Energy, national number, the official number of the the marine environment,’’ in section 5(a) (33 to prescribe personnel strengths for vessel; U.S.C. 1224(a)) and inserting ‘‘safety, protec- such fiscal year for the Armed Forces, ‘‘(G) the name of the registered owner of tion of the marine environment, and the and for other purposes; which was or- the vessel; safety and security of United States ports dered to lie on the table; as follows: ‘‘(H) the name of the operator of the vessel; and waterways,’’. ‘‘(I) the name of the classification society At the end of subtitle E of title X, add the of the vessel; SEC. 1395. ADMINISTRATIVE WAIVER. following: ‘‘(J) a general description of the cargo on The yacht EXCELLENCE III, hull identi- SEC. 1065. DISCLOSURE OF INFORMATION ON board the vessel; fication number HQZ00255K101, is deemed to SHIPBOARD HAZARD AND DEFENSE ‘‘(K) in the case of certain dangerous be an eligible vessel within the meaning of PROJECT TO DEPARTMENT OF VET- cargo— section 504(2) of the Coast Guard Authoriza- ERANS AFFAIRS. ‘‘(i) the name and description of the dan- tion Act of 1998 (46 U.S.C. 12106 nt). (a) PLAN FOR DISCLOSURE OF INFORMA- TION.—Not later than 90 days after the date gerous cargo; f ‘‘(ii) the amount of the dangerous cargo of the enactment of this Act, the Secretary carried; AMENDMENTS SUBMITTED AND of Defense shall submit to Congress and the ‘‘(iii) the stowage location of the dan- PROPOSED—JUNE 21, 2002 Secretary of Veterans Affairs a comprehen- gerous cargo; and sive plan for the review, declassification, and ‘‘(iv) the operational condition of the SA 3952. Mr. NELSON, of Florida (for him- submittal to the Department of Veterans Af- equipment under section 164.35 of title 33, self, Mr. MCCAIN, Mr. CLELAND, and Mr. ROB- fairs of all medical records and information Code of Federal Regulations; ERTS) submitted an amendment intended to of the Department of Defense on the Ship- ‘‘(L) the date of departure and name of the be proposed by him to the bill S. 2514, to au- board Hazard and Defense (SHAD) project of port from which the vessel last departed; thorize appropriations for fiscal year 2003 for the Navy that are relevant to the provision ‘‘(M) the name and telephone number of a military activities of the Department of De- of benefits by the Secretary of Veterans Af- 24-hour point of contact for each port in- fense, for military construction, and for de- fairs to members of the Armed Forces who cluded in the notice of arrival; fense activities of the Department of Energy, participated in that project. June 21, 2002 CONGRESSIONAL RECORD — SENATE S5913

(b) PLAN REQUIREMENTS.—(1) The records SEC. 135. SENSE OF CONGRESS REGARDING AS- property to be conveyed under subsection (a) and information covered by the plan under SURED ACCESS TO SPACE. shall be determined by a survey satisfactory subsection (a) shall be the records and infor- (a) FINDINGS.—Congress makes the fol- to the Secretary. The cost of the survey mation necessary to permit the identifica- lowing findings: shall be borne by the Board. tion of members of the Armed Forces who (1) Assured access to space is a vital na- (d) ADDITIONAL TERMS AND CONDITIONS.— were or may have been exposed to chemical tional security interest of the United States. The Secretary may require such additional or biological agents as a result of the Ship- (2) The Evolved Expendable Launch Vehi- terms and conditions in connection with the board Hazard and Defense project. cle program of the Department of Defense is conveyance under subsection (a) as the Sec- (2) The plan shall provide for completion of a critical element of the Department’s plans retary considers appropriate to protect the all activities contemplated by the plan not for assuring United States access to space. interests of the United States. later than one year after the date of the en- (3) Significant contractions in the com- mercial space launch marketplace have erod- actment of this Act. SA 3955. Mr. LEVIN (for Mr. AKAKA) (c) REPORTS ON IMPLEMENTATION.—(1) Not ed the overall viability of the United States (for himself and Mr. INHOFE)) proposed later than 90 days after the date of the enact- space launch industrial base and could ham- ment of this Act, and every 90 days there- per the ability of the Department of Defense an amendment to the bill S. 2514, to au- after until completion of all activities con- to provide assured access to space in the fu- thorize appropriations for fiscal year templated by the plan under subsection (a), ture. 2003 for military activities of the De- the Secretary of Defense shall submit to (4) The continuing viability of the United partment of Defense, for military con- Congress and the Secretary of Veterans Af- States space launch industrial base is a crit- struction, and for defense activities of fairs a report on progress in the implementa- ical element of any strategy to ensure the the Department of Energy, to prescribe long-term ability of the United States to as- tion of the plan during the 90-day period end- personnel strengths for such fiscal year ing on the date of such report. sure access to space. (5) The Under Secretary of the Air Force, for the Armed Forces, and for other (2) Each report under paragraph (1) shall purposes; as follows: include, for the period covered by such as acquisition executive for space programs report— in the Department of Defense, has been au- At the end of title XXIII, add the fol- (A) the number of records reviewed; thorized to develop a strategy to address lowing: (B) each test, if any, under the Shipboard United States space launch and assured ac- cess to space requirements. SEC. 2305. AUTHORITY FOR USE OF MILITARY Hazard and Defense project identified during CONSTRUCTION FUNDS FOR CON- (b) SENSE OF CONGRESS.—It is the sense of such review; STRUCTION OF PUBLIC ROAD NEAR Congress that the Under Secretary of the Air (C) for each test so identified— AVIANO AIR BASE, ITALY, CLOSED Force should— (i) the test name; FOR FORCE PROTECTION PUR- (1) evaluate all options for sustaining the (ii) the test objective; POSES. United States space launch industrial base; (iii) the chemical or biological agent or (a) AUTHORITY TO USE FUNDS.—The Sec- (2) develop an integrated, long-range, and agents involved; and retary of the Air Force may, using amounts adequately funded plan for assuring United (iv) the number of members of the Armed authorized to be appropriated by section States access to space; and Forces, and civilian personnel, potentially 2301(b), carry out a project to provide a pub- (3) submit to Congress a report on the plan effected by such test; and lic road, and associated improvements, to re- at the earliest opportunity practicable. (D) the extent of submittal of records and place a public road adjacent to Aviano Air Base, Italy, that has been closed for force information to the Secretary of Veterans Af- SA 3955. Mr. WARNER (for Mrs. fairs under this section. protection purposes. UTCHISON H ) proposed an amendment to (b) SCOPE OF AUTHORITY.—(1) The authority the bill S. 2514, to authorize appropria- SA 3953. Mr. LEVIN (for himself and of the Secretary to carry out the project re- tions for fiscal year 2003 for military Mr. WARNER) proposed an amendment ferred to in subsection (a) shall include au- activities of the Department of De- to the bill S. 2514, to authorize appro- thority as follows: fense, for military construction, and (A) To acquire property for the project for priations for fiscal year 2003 for mili- for defense activities of the Depart- transfer to a host nation authority. tary activities of the Department of ment of Energy, to prescribe personnel (B) To provide funds to a host nation au- Defense, for military construction, and strengths for such fiscal year for the thority to acquire property for the project. for defense activities of the Depart- Armed Forces, and for other purposes; (C) To make a contribution to a host na- tion authority for purposes of carrying out ment of Energy, to prescribe personnel as follows: strengths for such fiscal year for the the project. At the end of subtitle C of title XXVIII, (D) To provide vehicle and pedestrian ac- Armed Forces, and for other purposes; add the following: as follows: cess to landowners effected by the project. SEC. 2829. LAND CONVEYANCE, FORT HOOD, (2) The acquisition of property using au- On page 90, between lines 19 and 20, and in- TEXAS. thority in subparagraph (A) or (B) of para- sert the following: (a) CONVEYANCE AUTHORIZED.—The Sec- graph (1) may be made regardless of whether SEC. 346. TWO-YEAR EXTENSION OF AUTHORITY retary of the Army may convey, without or not ownership of such property will vest consideration, to the Veterans Land Board of OF THE SECRETARY OF DEFENSE TO in the United States. ENGAGE IN COMMERCIAL ACTIVI- the State of Texas (in this section referred to (c) INAPPLICABILITY OF CERTAIN REAL PROP- TIES AS SECURITY FOR INTEL- as the ‘‘Board’’), all right, title, and interest LIGENCE COLLECTION ACTIVITIES of the United States in and to a parcel of ERTY MANAGEMENT REQUIREMENT.—Section ABROAD. real property, including any improvements 2672(a)(1)(B) of title 10, United States Code, Section 431(a) of title 10, United States thereon, consisting of approximately 174 shall not apply with respect to any acquisi- Code, is amended by striking ‘‘December 31, acres at Fort Hood, Texas, for the purpose of tion of interests in land for purposes of the 2002’’ in the second sentence and inserting permitting the Board to establish a State- project authorized by subsection (a). ‘‘December 31, 2004’’. run cemetery for veterans. (b) REVERSIONARY INTEREST.—(1) If at the SA 3957. Mr. LEVIN (for Mr. AKAKA SA 3954. Mr. LEVIN (for Mr. NELSON end of the five-year period beginning on the (for himself and Mr. INHOFE)) proposed of Florida (for himself and Mr. AL- date of the conveyance authorized by sub- an amendment to the bill S. 2514, to au- section (a), the Secretary determines that LARD)) proposed an amendment to the thorize appropriations for fiscal year the property conveyed under that subsection bill S. 2514, to authorize appropriations is not being used for the purpose specified in 2003 for military activities of the De- for fiscal year 2003 for military activi- that subsection, all right, title, and interest partment of Defense, for military con- ties of the Department of Defense, for in and to the property, including any im- struction, and for defense activities of military construction, and for defense provements thereon, shall revert to the the Department of Energy, to prescribe activities of the Department of Energy, United States, and the United States shall personnel strengths for such fiscal year to prescribe personnel strengths for have the right of immediate entry thereon. for the Armed Forces, and for other such fiscal year for the Armed Forces, (2) Any determination of the Secretary purposes; as follows; under this subsection shall be made on the and for other purposes; as follows: record after an opportunity for a hearing. In the first table in section 2702(b), insert At the end of subtitle D of title I, add the (c) DESCRIPTION OF PROPERTY.—The exact after the item relating to Tinker Air Force following: acreage and legal description of the real Base, Oklahoma, the following:

Texas ...... Lackland Air Force Base ...... Dormitory $5,300,000 S5914 CONGRESSIONAL RECORD — SENATE June 21, 2002 SA 3958. Mr. LEVIN (for Mr. AKAKA ‘‘(a) LEASE AUTHORIZED.—(1) The Secretary ‘‘(2) providing a means of contact and com- (for himself and Mr. INHOFE)) proposed concerned may enter into contracts for the munication among members of the corpora- an amendment to the bill S. 2514, to au- lease of housing units that the Secretary de- tion; thorize appropriations for fiscal year termines are suitable for use as military ‘‘(3) promoting the establishment of, and family housing or military unaccompanied establishing, war and other memorials com- 2003 for military activities of the De- housing. memorative of persons who served in the partment of Defense, for military con- ‘‘(2) The Secretary concerned shall utilize Armed Forces during the Korean War; and struction, and for defense activities of housing units leased under paragraph (1) as ‘‘(4) aiding needy members of the corpora- the Department of Energy, to prescribe military family housing or military unac- tion, their wives and children, and the wid- personnel strengths for such fiscal year companied housing, as appropriate.’’. ows and children of persons who were mem- for the Armed Forces, and for other (b) REPEAL OF INTERIM LEASE AUTHORITY.— bers of the corporation at the time of their purposes; as follows; Section 2879 of such title is repealed. death. (c) CONFORMING AND CLERICAL AMEND- On page 336, beginning on line 10, strike MENTS.—(1) The heading for section 2874 of ‘‘§ 120103. Membership ‘‘188 housing units’’ and insert ‘‘133 housing such title is amended to read as follows: ‘‘Eligibility for membership in the cor- units’’. ‘‘§ 2874. Leasing of housing’’. poration, and the rights and privileges of (2) The table of sections at the beginning of members of the corporation, are as provided SA 3959. Mr. LEVIN (for Mr. AKAKA in the bylaws of the corporation. (for himself and Mr. INHOFE)) proposed subchapter IV of chapter 169 of such title is an amendment to the bill S. 2514, to au- amended— ‘‘§ 120104. Governing body (A) by striking the item relating to section thorize appropriations for fiscal year 2874 and inserting the following new item: ‘‘(a) BOARD OF DIRECTORS.—The board of di- rectors of the corporation, and the respon- 2003 for military activities of the De- ‘‘2874. Leasing of housing.’’; and partment of Defense, for military con- sibilities of the board of directors, are as pro- (B) by striking the item relating to section vided in the articles of incorporation of the struction, and for defense activities of 2879. the Department of Energy, to prescribe corporation. personnel strengths for such fiscal year SA 3962. Mr. SARBANES submitted ‘‘(b) OFFICERS.—The officers of the corpora- for the Armed Forces, and for other tion, and the election of the officers of the an amendment intended to be proposed corporation, are as provided in the articles of purposes; as follows; by him to the bill S. 2514, to authorize incorporation. In the table in section 2101(b), strike the appropriations for fiscal year 2003 for item relating to Landsthul, Germany, and military activities of the Department ‘‘§ 120105. Powers insert the following new item: of Defense, for military construction, ‘‘The corporation has only the powers pro- and for defense activities of the De- vided in its bylaws and articles of incorpora- Landstuhl ...... $2,400,000 partment of Energy, to prescribe per- tion filed in each State in which it is incor- sonnel strengths for such fiscal year porated. In the table in section 2101(b), strike the item relating to Camp Walker, Korea, and for the Armed Forces, and for other ‘‘§ 120106. Restrictions insert the following new item: purposes; which was ordered to lie on ‘‘(a) STOCK AND DIVIDENDS.—The corpora- the table; as follows: tion may not issue stock or declare or pay a Camp Henry ... $10,200,000 At the end of subtitle E of title X, add the dividend. following: ‘‘(b) POLITICAL ACTIVITIES.—The corpora- SEC. 1065. GRANT OF FEDERAL CHARTER TO KO- tion, or a director or officer of the corpora- SA 3960. Mr. LEVIN (for Mr. AKAKA (for REAN WAR VETERANS ASSOCIATION, tion as such, may not contribute to, support, himself and Mr. INHOFE)) proposed an amend- INCORPORATED. ment to the bill S. 2514, to authorize appro- or participate in any political activity or in (a) GRANT OF CHARTER.—Part B of subtitle any manner attempt to influence legislation. priations for fiscal year 2003 for military ac- II of title 36, United States Code, is ‘‘(c) LOAN.—The corporation may not make tivities of the Department of Defense, for amended— a loan to a director, officer, or employee of military construction, and for defense activi- (1) by striking the following: ties of the Department of Energy, to pre- the corporation. ‘‘CHAPTER 1201—[RESERVED]’’; and scribe personnel strengths for such fiscal ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR year for the Armed Forces, and for other (2) by inserting the following: AUTHORITY.—The corporation may not claim purposes; as follows: ‘‘CHAPTER 1201—KOREAN WAR VETERANS congressional approval, or the authority of At the end of title XXI, add the following: ASSOCIATION, INCORPORATED the United States, for any of its activities. SEC. 2109. MODIFICATION OF AUTHORITY TO ‘‘Sec. ‘‘§ 120107. Duty to maintain corporate and ‘‘120101. Organization. CARRY OUT CERTAIN FISCAL YEAR tax-exempt status 2001 PROJECT. ‘‘120102. Purposes. The table in section 2101(b) of the Military ‘‘120103. Membership. ‘‘(a) CORPORATE STATUS.—The corporation Construction Authorization Act for Fiscal ‘‘120104. Governing body. shall maintain its status as a corporation in- Year 2001 (division B of the Floyd D. Spence ‘‘120105. Powers. corporated under the laws of the State of National Defense Authorization Act for Fis- ‘‘120106. Restrictions. New York. ‘‘120107. Duty to maintain corporate and tax- cal Year 2001, as enacted into law by Public ‘‘(b) TAX-EXEMPT STATUS.—The corpora- Law 106–398; 114 Stat. 1654A–390) is amended exempt status. tion shall maintain its status as an organiza- ‘‘120108. Records and inspection. by striking ‘‘Camp Page’’ in the installation tion exempt from taxation under the Inter- or location column and inserting ‘‘Camp ‘‘120109. Service of process. ‘‘120110. Liability for acts of officers and nal Revenue Code of 1986 (26 U.S.C. 1 et seq.). Stanley’’. agents. ‘‘§ 120108. Records and inspection ‘‘120111. Annual report. SA 3961. Mr. LEVIN (for Mrs. CLIN- ‘‘(a) RECORDS.—The corporation shall TON (for herself and Mr. SCHUMER) pro- ‘‘§ 120101. Organization keep— posed an amendment to the bill S. 2514 ‘‘(a) FEDERAL CHARTER.—Korean War Vet- ‘‘(1) correct and complete records of ac- to authorize appropriations for fiscal erans Association, Incorporated (in this count; year 2003 for military activities of the chapter, the ‘corporation’), incorporated in ‘‘(2) minutes of the proceedings of its mem- the State of New York, is a federally char- Department of Defense, for military bers, board of directors, and committees hav- tered corporation. ing any of the authority of its board of direc- construction, and for defense activities ‘‘(b) EXPIRATION OF CHARTER.—If the cor- tors; and of the Department of Energy, to pre- poration does not comply with the provisions ‘‘(3) at its principal office, a record of the scribe personnel strengths for such fis- of this chapter, the charter granted by sub- names and addresses of its members entitled cal year for the Armed Forces, and for section (a) expires. to vote on matters relating to the corpora- other purposes; as follows: ‘‘§ 120102. Purposes tion. At the end of subtitle A of title XXVIII, ‘‘The purposes of the corporation are as ‘‘(b) INSPECTION.—A member entitled to add the following: provided in its articles of incorporation and vote on matters relating to the corporation, SEC. 2803. MODIFICATION OF LEASE AUTHORI- include— or an agent or attorney of the member, may TIES UNDER ALTERNATIVE AUTHOR- ‘‘(1) organizing, promoting, and maintain- inspect the records of the corporation for ITY FOR ACQUISITION AND IM- ing for benevolent and charitable purposes any proper purpose, at any reasonable time. PROVEMENT OF MILITARY HOUSING. an association of persons who have seen hon- ‘‘§ 120109. Service of process (a) LEASING OF HOUSING.—Subsection (a) of orable service in the Armed Forces during section 2874 of title 10, United States Code, is the Korean War, and of certain other per- ‘‘The corporation shall have a designated amended to read as follows: sons; agent in the District of Columbia to receive June 21, 2002 CONGRESSIONAL RECORD — SENATE S5915 service of process for the corporation. Notice priations for fiscal year 2003 for mili- The PRESIDING OFFICER. Without to or service on the agent is notice to or tary activities of the Department of objection, it is so ordered. service on the Corporation. Defense, for military construction, and SUBCOMMITTEE ON IMMIGRATION ‘‘§ 120110. Liability for acts of officers and for defense activities of the Depart- Mr. CARPER. Mr. President, I ask agents ment of Energy, to prescribe personnel unanimous consent that the Com- ‘‘The corporation is liable for the acts of strengths for such fiscal year for the mittee on the Judiciary Subcommittee its officers and agents acting within the Armed Forces, and for other purposes; scope of their authority. on Immigration be authorized to meet which was ordered to lie on the table; to conduct a hearing on ‘‘Examining ‘‘§ 120111. Annual report as follows: the Plight of Refugees: The Case of ‘‘The corporation shall submit an annual At the end of subtitle C of title X, add the North Korea’’ on Friday, June 21, 2002, report to Congress on the activities of the following: corporation during the preceding fiscal year. at 10 a.m. in Dirksen 226. The report shall be submitted at the same SEC. 1035. BIANNUAL REPORTS ON CONTRIBU- TIONS TO PROLIFERATION OF WEAP- Agenda time as the report of the audit required by ONS OF MASS DESTRUCTION AND section 10101 of this title. The report may DELIVERY SYSTEMS BY COUNTRIES Witnesses not be printed as a public document.’’. OF PROLIFERATION CONCERN. Panel 1: The Honorable Arthur (b) CLERICAL AMENDMENT.—The table of (a) REPORTS.—Not later than six months Dewey, Assistant Secretary of State chapters at the beginning of subtitle II of after the date of the enactment of this Act, title 36, United States Code, is amended by for the Bureau of Population, Refugees, and every six months thereafter, the Presi- and Migration, Department of State, striking the item relating to chapter 1201 dent shall submit to Congress a report iden- and inserting the following new item: tifying each foreign person that, during the Washington, DC. ‘‘1201. Korean War Veterans Associa- six-month period ending on the date of such Panel 2: Soon Ok Lee, North Korean tion, Incorporated ...... 120101’’. report, made a material contribution to the prison camp survivor, Seoul, South development by a country of proliferation Korea; Helie Lee, West Hollywood, SA 3963. Mrs. FEINSTEIN (for herself concern of— California; and Norbert Vollertsen, and Mr. STEVENS) submitted an amend- (1) nuclear, biological, or chemical weap- M.D., Seoul, South Korea. ment intended to be proposed by her to ons; or Panel 3: Felice D. Gaer, Chairwoman the bill S. 2514, to authorize appropria- (2) ballistic or cruise missile systems. of the Commission on International (b) FORM OF SUBMITTAL.—(1) A report under tions for fiscal year 2003 for military subsection (a) may be submitted in classified Religious Freedom, Washington DC; activities of the Department of De- form, whether in whole or in part, if the Debra Liang-Fenton, Vice Chairman, fense, for military construction, and President determines that submittal in that U.S. Committee fon Human Rights in for defense activities of the Depart- form is advisable. North Korea, Minneapolis, Minnesota; ment of Energy, to prescribe personnel (2) Any portion of a report under sub- Jana Mason, Asian Policy Analyst, strengths for such fiscal year for the section (a) that is submitted in classified U.S. Committee on Refugees, Wash- Armed Forces, and for other purposes; form shall be accompanied by an unclassified ington, DC; and Elisa Massimino Law- which was ordered to lie on the table; summary of such portion. yers Committee for Human Rights, (c) DEFINITIONS.—In this section: as follows: (1) The term ‘‘foreign person’’ means— Washington, DC. On page 34, after line 23, insert the fol- (A) a natural person that is an alien; The PRESIDING OFFICER. Without lowing. (B) a corporation, business association, objection, it is so ordered. SEC. 226. LIMITATION ON USE OF FUNDS FOR NU- partnership, society, trust, or any other non- f CLEAR ARMED INTERCEPTORS. governmental entity, organization, or group None of the funds authorized to be appro- that is organized under the laws of a foreign PRIVILEGE OF THE FLOOR priated by this or any other Act may be used country or has its principal place of business Mr. REID. Madam President, I ask for research, development, test, evaluation, in a foreign country; unanimous consent that Matthew procurement, or deployment of nuclear (C) any foreign governmental entity oper- Green, a fellow in Senator FEINSTEIN’s armed interceptors of a missile defense sys- ating as a business enterprise; and office, be granted floor privileges for tem. (D) any successor, subunit, or subsidiary of any entity described in subparagraph (B) or the duration of the consideration of S. SA 3964. Mrs. FEINSTEIN submitted (C). 2514, the fiscal year 2003 Defense au- an amendment intended to be proposed (2) The term ‘‘country of proliferation con- thorization bill. by her to the bill S. 2514, to authorize cern’’ means any country identified by the The PRESIDING OFFICER. Without appropriations for fiscal year 2003 for Director of Central Intelligence as having objection, it is so ordered. military activities of the Department engaged in the acquisition of dual-use and f other technology useful for the development of Defense, for military construction, or production of weapons of mass destruction ORDER FOR RECORD TO REMAIN and for defense activities of the De- (including nuclear, chemical, and biological OPEN UNTIL 1:30 TODAY partment of Energy, to prescribe per- weapons) and advanced conventional muni- Mr. REID. Madam President, I ask sonnel strengths for such fiscal year tions in the most current report under sec- for the Armed Forces, and for other tion 721 of the Combatting Proliferation of unanimous consent that the record re- purposes; which was ordered to lie on Weapons of Mass Destruction Act of 1996 main open today until 1:30, notwith- the table; as follows: (title VII of Public Law 104–293; 50 U.S.C. standing the adjournment of the Sen- 2366), or any successor report on the acquisi- ate, for the submission of statements On page 34, after line 23, insert the fol- tion by foreign countries of dual-use and lowing: and introduction of legislation. other technology useful for the development The PRESIDING OFFICER. Without SEC. 226. OPERATIONAL TEST AND EVALUATION or production of weapons of mass destruc- objection, it is so ordered. OF SYSTEMS BEFORE DEPLOYMENT. tion. It is the sense of Congress that the United f f States should not deploy a national missile SUPPORT OF AMERICAN EAGLE defense system until— AUTHORITY FOR COMMITTEES TO (1) operational tests of a fully integrated SILVER BULLION PROGRAM ACT MEET version of the system have been conducted Mr. REID. Madam President, I ask utilizing realistic test parameters; and COMMITTEE ON HEALTH, EDUCATION, LABOR, unanimous consent that the Banking (2) the operational tests have dem- AND PENSIONS Committee be discharged from further onstrated, in a manner consistent with the Mr. CARPER. Mr. President, I ask consideration of S. 2594, and that the provisions of section 2399 of title 10, United unanimous consent that the Com- States Code, that the system, whether part Senate proceed to its immediate con- of a fully integrated system or an emergency mittee on Health, Education, Labor, sideration. deployment, is operationally effective and and Pensions be authorized to meet for The PRESIDING OFFICER. Without suitable for use in combat. a hearing on ‘‘Avoiding the Summer objection, it is so ordered. Slide: The Importance of Summer The clerk will state the bill by title. SA 3965. Mr. THOMPSON (for himself School to Student Achievement and The assistant legislative clerk read and Mr. WARNER) submitted an amend- Well Being’’ during the session of the as follows: ment intended to be proposed by him Senate on Friday, June 21, 2002, at 9:30 A bill (S. 2594) to authorize the Secretary to the bill S. 2514, to authorize appro- a.m. in SD–430. of the Treasury to purchase silver on the S5916 CONGRESSIONAL RECORD — SENATE June 21, 2002 open market when the silver stockpile is de- in Nevada, which produced more than journ until 3 p.m., Monday, June 24; pleted, to be used to mint coins. 107,000,000 ounces of silver between 1989 and that following the prayer and pledge, There being no objection, the Senate 2001; the Journal of proceedings be approved proceeded to consider the bill. (10) the mining industry in Idaho— (A) employs more than 3,000 people; to date, the morning hour be deemed Mr. REID. Madam President, Senator (B) contributes more than $900,000,000 to expired, the time for the two leaders be CRAPO is not in the Chamber. Cir- the Idaho economy; and reserved for their use later in the day, cumstances don’t allow him to be here. (C) produces $70,000,000 worth of silver per and the Senate be in a period for morn- This is something on which he has year; ing business until 4 p.m., with Senators worked very hard. I want the RECORD (11) the silver mines of the Comstock lode, permitted to speak for up to 10 minutes to be very clear that this legislation the premier silver producing deposit in Ne- each, with the time equally divided be- could not have passed without his ad- vada, brought people and wealth to the re- tween the two leaders or their des- vocacy. He and I have worked on it for gion, paving the way for statehood in 1864, and giving Nevada its nickname as ‘‘the Sil- ignees; that at 4 p.m., the Senate re- some time. It is important legislation. ver State’’; sume consideration of the Department I want to make sure the RECORD is (12) mines in the Silver Valley— of Defense authorization bill, with Sen- spread with the fact that Senator (A) represent an important part of the ator SMITH of New Hampshire or his CRAPO has been very instrumental in mining history of Idaho and the United designee recognized to offer his amend- this effort. States; and ment regarding abaya. I ask unanimous consent that the bill (B) have served in the past as key compo- The PRESIDING OFFICER. Without be read the third time, passed, the mo- nents of the United States war effort; and objection, it is so ordered. tion to reconsider be laid upon the (13) silver has been mined in Nevada throughout its history, with every signifi- f table, and that any statements relating cant metal mining camp in Nevada pro- PROGRAM to the bill be printed in the RECORD, all ducing some silver. without intervening action or debate. SEC. 3. PURCHASE OF SILVER BY THE SEC- Mr. REID. Madam President, a vote The PRESIDING OFFICER. Without RETARY OF THE TREASURY. is expected on Monday at 5:45 p.m. Ev- objection, it is so ordered. (a) PURCHASE OF SILVER.— eryone should know that. The leader The bill (S. 2594) was read the third (1) IN GENERAL.—Section 5116(b)(2) of title has indicated he would like to have time and passed, as follows: 31, United States Code, is amended by insert- ing after the second sentence the following: more than one vote. We will have at S. 2594 ‘‘At such time as the silver stockpile is de- least one vote at approximately 5:45 Be it enacted by the Senate and House of Rep- pleted, the Secretary shall obtain silver as p.m. resentatives of the United States of America in described in paragraph (1) to mint coins au- f Congress assembled, thorized under section 5112(e). If it is not SECTION 1. SHORT TITLE. economically feasible to obtain such silver, ADJOURNMENT UNTIL 3 P.M., This Act may be cited as the ‘‘Support of the Secretary may obtain silver for coins au- MONDAY, JUNE 24, 2002 American Eagle Silver Bullion Program thorized under section 5112(e) from other Mr. REID. Madam President, if there available sources. The Secretary shall not Act’’. is no further business to come before SEC. 2. FINDINGS. pay more than the average world price for silver under any circumstances. As used in the Senate, I ask unanimous consent Congress finds that— that the Senate stand in adjournment (1) the American Eagle Silver Bullion coin this paragraph, the term ‘average world leads the global market, and is the largest price’ means the price determined by a wide- under the previous order. and most popular silver coin program in the ly recognized commodity exchange at the There being no objection, the Senate, United States; time the silver is obtained by the Sec- at 12:50 p.m., adjourned until Monday, (2) established in 1986, the American Eagle retary.’’. June 24, 2002, at 3 p.m. Silver Bullion Program is the most success- (2) RULEMAKING AUTHORITY.—The Secretary f ful silver bullion program in the world; of the Treasury shall issue regulations to im- (3) from fiscal year 1995 through fiscal year plement the amendments made by paragraph NOMINATIONS 2001, the American Eagle Silver Bullion Pro- (1). (b) STUDY REQUIRED.— gram generated— Executive nominations received by (1) STUDY.—The Secretary of the Treasury (A) revenues of $264,100,000; and the Senate June 21, 2002: shall conduct a study of the impact on the (B) sufficient profits to significantly re- FOREIGN SERVICE United States silver market of the American duce the national debt; Eagle Silver Bullion Program, established THE FOLLOWING-NAMED PERSONS OF THE DEPART- (4) with the depletion of silver reserves in MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- under section 5112(e) of title 31, United the Defense Logistic Agency’s Strategic and ICE OFFICERS OF THE CLASS STATED, AND ALSO FOR States Code. THE OTHER APPOINTMENTS INDICATED HEREWITH: Critical Materials Stockpile, it is necessary (2) REPORT.—Not later than 1 year after FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF for the Department of the Treasury to ac- CLASS THREE, CONSULAR OFFICER AND SECRETARY IN the date of enactment of this Act, the Sec- quire silver from other sources in order to THE DIPLOMATIC SERVICE OF THE UNITED STATES OF retary of the Treasury shall submit a report AMERICA: preserve the American Eagle Silver Bullion of the study conducted under paragraph (1) Program; DEPARTMENT OF STATE to the chairman and ranking minority mem- (5) with the ability to obtain silver from DEBORAH C. RHEA, OF VIRGINIA ber of— other sources, the United States Mint can (A) the Committee on Banking, Housing, THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN continue the highly successful American SERVICE OF THE DEPARTMENT OF STATE TO BE CON- and Urban Affairs of the Senate; and Eagle Silver Bullion Program, exercising SULAR OFFICERS AND/OR SECRETARIES IN THE DIPLO- (B) the Committee on Financial Services of MATIC SERVICE OF THE UNITED STATES OF AMERICA, AS sound business judgment and market acqui- the House of Representatives. INDICATED: sition practices in its approach to the silver CONSULAR OFFICERS AND SECRETARIES IN THE DIP- (c) ANNUAL REPORT.— market, resulting in continuing profitability LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: (1) IN GENERAL.—The Director of the of the program; United States Mint shall prepare and submit DEPARTMENT OF COMMERCE (6) in 2001, silver was commercially pro- to Congress an annual report on the pur- JOHN S. LARKIN II, OF TEXAS duced in 12 States, including, Alaska, Ari- chases of silver made pursuant to this Act DEPARTMENT OF STATE zona, California, Colorado, Idaho, Missouri, and the amendments made by this Act. Montana, Nevada, New Mexico, South Da- BRIDGETTE SARAH ANDERSON, OF TEXAS (2) CONCURRENT SUBMISSION.—The report kota, Utah, and Washington; DICK ANDREWS, OF COLORADO required by paragraph (1) may be incor- GEOFFREY ANISMAN, OF NEW YORK (7) Nevada is the largest silver producing EVE KATHLEEN BAKER, OF CALIFORNIA porated into the annual report of the Direc- WENDY K. BARTON, OF NEVADA State in the Nation, producing— tor of the United States Mint on the oper- (A) 17,500,000 ounces of silver in 2001; and JENNIFER M. BARTSCH, OF GEORGIA ations of the mint and assay offices, referred BARBARA ANNE BARTSCH-ALLEN, OF TEXAS (B) 34 percent of United States silver pro- to in section 1329 of title 44, United States GREGORY D. BATES, OF FLORIDA duction in 2000; ELIAS STEPHEN BAUMANN, OF VERMONT Code. JONATHAN RECTOR BAYAT, OF THE DISTRICT OF COLUM- (8) the mining industry in Idaho is vital to BIA the economy of the State, and the Silver f THOMAS J. BELNOMI, OF PENNSYLVANIA Valley in northern Idaho leads the world in ORDERS FOR MONDAY, JUNE 24, JUSTIN DAVID BERG, OF VIRGINIA recorded silver production, with over MOULIK D. BERKANA, OF NEW YORK 2002 TRACEY BERRY, OF VIRGINIA 1,100,000,000 ounces of silver produced be- THOMAS J. BILLARD, OF MARYLAND tween 1884 and 2001; Mr. REID. Madam President, I ask GEORGE W. BIOLSI, OF VIRGINIA MELISSA A. BISHOP, OF CALIFORNIA (9) the largest, active silver producing unanimous consent that, when the Sen- CHERYL BODEK, OF NEW JERSEY mine in the Nation is the McCoy/Cove Mine ate completes its business today, it ad- HELGE PHILIPP BOES, OF VIRGINIA June 21, 2002 CONGRESSIONAL RECORD — SENATE S5917

JEFFREY D. BORENSTEIN, OF VIRGINIA JENNIFER S.P. SPANDE, OF VIRGINIA THOMAS H. FINE, OF THE DISTRICT OF COLUMBIA SUSAN P. BOWMAN, OF VIRGINIA VINCENT D. SPERA, OF MARYLAND TRESSA RAE FINERTY, OF FLORIDA ROBERT J. BRENNAN, OF FLORIDA W. BROOKE STALLSMITH, OF VIRGINIA JULIA L. FISCHER, OF VIRGINIA ALEXANDER THADDEUS BRYAN, OF GEORGIA TERRY STEERS-GONZALEZ, OF TEXAS WILLIAM FLENS, OF THE DISTRICT OF COLUMBIA CRAIG E. BUCHANAN, OF VIRGINIA RICHARD E. SWART III, OF NEW JERSEY BRIAN J. FOUSS, OF COLORADO ALFRED T. CANAHUATE, OF MARYLAND HOLLY LINDQUIST THOMAS, OF MINNESOTA NATASHA SONYA FRANCESCHI, OF CALIFORNIA THOMAS S. CARNEGIE, OF VIRGINIA BENJAMIN A. THOMSON, OF UTAH MICHAEL GARCIA, OF THE DISTRICT OF COLUMBIA JANE H. CARPENTER, OF MARYLAND STERLING DAVID TILLEY JR., OF FLORIDA PHILIP B. GARTNER, OF VIRGINIA ADAM M. CENTER, OF VIRGINIA ROBIN A. WATSON, OF VIRGINIA GEORGE A. GERLICZY, OF VIRGINIA MATTHEW A. CENZER, OF ILLINOIS SCOTT E. WOODARD, OF VIRGINIA ELISA BETH GREENE, OF NEVADA ANGELA MARIA CERVETTI SAAVEDRA, OF VIRGINIA JOHN A. WOODLAND, OF MARYLAND STEPHEN A. GUICE, OF TENNESSEE DAN CINTRON, OF NEW YORK RICHARD EUGENE WURTZ, OF VIRGINIA THOMAS HAMM, OF MASSACHUSETTS MELISSA ROSS CLINE, OF NEW YORK PATRICIA A. ZAREMBKA, OF VIRGINIA MAYA HAN, OF VIRGINIA ANDREW K. COVINGTON, OF VIRGINIA HEIDI L. HANNEMAN, OF VIRGINIA FLEUR S. COWAN, OF THE DISTRICT OF COLUMBIA SECRETARY IN THE DIPLOMATIC SERVICE OF THE WILLIAM C. HENDERSON, OF VIRGINIA JOSEPH L. CROOK, OF WASHINGTON UNITED STATES OF AMERICA: BLAINE E. HENRY, OF VIRGINIA BROOKE E. DEMONTLUZIN, OF LOUISIANA STEPHEN J. HRICIK, OF THE DISTRICT OF COLUMBIA LAURIE R. DORAN, OF VIRGINIA DEPARTMENT OF STATE PHILIP MATTHEW INGENERI, OF MAINE TOD E. DURAN, OF TEXAS ASHLEY J. TELLIS, OF VIRGINIA BELINDA KAY JACKSON, OF VIRGINIA TODD DAVIS EBITZ, OF MARYLAND MARC C. JACKSON, OF VIRGINIA KATHERINE L. ESTES, OF FLORIDA CONSULAR OFFICER OF THE UNITED STATES OF AMER- ANTHONY J. JOES III, OF VIRGINIA ERIN K. EUSSEN, OF VIRGINIA ICA: MATTHEW M. EUSSEN, OF VIRGINIA ILA JURISSON, OF THE DISTRICT OF COLUMBIA DEBORAH L. FAYDASH, OF MARYLAND DEPARTMENT OF STATE MICHAEL C. KATULA, OF RHODE ISLAND COLLEEN P. KELLY, OF KENTUCKY MARY SUE FIELDS, OF VIRGINIA DENIS P. COLEMAN JR., OF FLORIDA SALLY E. FLAGLER, OF VIRGINIA DEE F. KESSINGER, OF VIRGINIA MATTHEW J. FLANNIGAN, OF KANSAS THE FOLLOWING-NAMED PERSONS OF THE AGENCIES ROBERT D. KING, OF MASSACHUSETTS COLIN P. FURST, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- DONNA M. KLING, OF VIRGINIA JEANNE M. GALLO, OF VIRGINIA FICERS OF THE CLASS STATED, AND ALSO FOR THE KASSANDRA L. KOHLER, OF VIRGINIA ROBIN R. GAUL, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: DAVID M. KRAEHENBUEHL, OF FLORIDA BRENNAN MICHAEL GILMORE, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF MELISSA J. LAN, OF MICHIGAN MARY ELIZABETH GLANTZ, OF PENNSYLVANIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE CRAIG C. LEBAMOFF, OF VIRGINIA ROBERT L. GONZALES, OF TEXAS DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- RODNEY LEGRAND, OF VIRGINIA STEPHANIE C. GOODNIGHT, OF GEORGIA ICA: MONICA KAY LEMIEUX, OF COLORADO BRIAN C. GRUBE, OF VIRGINIA JACQUELINE LEVANDOWSKY, OF VIRGINIA ZACHARY V. HARKENRIDER, OF NEW YORK DEPARTMENT OF STATE ROBERT M. LIECHTY, OF COLORADO ELIZABETH J. HARRIS, OF TEXAS CASEY K. MACE, OF CALIFORNIA DEAN B. WOODEN, OF THE DISTRICT OF COLUMBIA WINSTEAD E. HARRIS, OF VIRGINIA ELIZABETH A. MADER, OF PENNSYLVANIA JOHN S. HELBIG, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF DAVID CHARLES MANESS, OF OREGON PATRICK F. HENNEBERRY, OF NEW JERSEY CLASS THREE, CONSULAR OFFICER AND SECRETARY IN PEDRO JOSE MARTIN, OF FLORIDA WILLIAM E. HERZOG, OF ILLINOIS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CADE R. MCCOTTER, OF VIRGINIA JAMES J. HOGAN III, OF CALIFORNIA AMERICA: KAREN MAUREEN MCCREA, OF CALIFORNIA JAMES ARLEN HOLT, OF NORTH CAROLINA JASON P. MEEKS, OF WISCONSIN ELIZABETH E. JAFFEE, OF VIRGINIA DEPARTMENT OF STATE ERIC STEIN MEYER, OF CALIFORNIA MATTHEW RALEIGH JOHNSON, OF ALABAMA TERRY D. MOBLEY, OF ARKANSAS CHRISTOPHER JOSEPH, OF VIRGINIA VICTORIA A. COFFINEAU, OF NEW YORK ELIZABETH KRENTZ MOSHER, OF FLORIDA DAVID M. JUNG, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SEAN K. O’NEILL, OF NEW YORK YVONNE M. KEELER, OF VIRGINIA SERVICE OF THE DEPARTMENT OF STATE AND COM- KEVIN R. OPSTRUP, OF MARYLAND SHERRY C. KENESON-HALL, OF RHODE ISLAND MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- ROBERT A. OSBORNE, OF MICHIGAN NICHOLAS G. KIKIS, OF VIRGINIA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED EVAN WILLIAM OWEN, OF VIRGINIA JOEL A. KOPP, OF ALASKA STATES OF AMERICA, AS INDICATED: THOMAS P. PAK, OF CALIFORNIA PATRICIA A. KRAVOS, OF VIRGINIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- REBECCA KIMBRELL PATRICK, OF TENNESSEE THOMAS M. KREUTZER, OF WASHINGTON LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: FELICIA M. PEEPLES, OF VIRGINIA MICHELLE D. KUNY, OF VIRGINIA FRANK KASPER PENIRIAN III, OF MICHIGAN BARBARA M. LAZARD, OF TEXAS LAURA R. ADAME, OF VIRGINIA SHANNON L. PHELAN, OF VIRGINIA KEVIN D. LEWIS, OF TEXAS WORTH SHIPLEY ANDERSON, OF VIRGINIA EMILY A. PLUMB, OF SOUTH CAROLINA GENEVIEVE LIBONATI, OF MARYLAND ERIN PATRICIA ANNA, OF COLORADO ANTHONY V. POLIZZI, OF VIRGINIA Y.V. LIMAYE, OF PENNSYLVANIA THOMAS F. ARDILLO, OF MARYLAND ANDREJA POPOV, OF VIRGINIA RICHARD N. LYONS III, OF COLORADO JOHN M. ASHWORTH, OF TEXAS CORDELL DANIEL REID, OF VIRGINIA ELIZABETH M. MACDONALD, OF CONNECTICUT KURT W. AUFDERHEIDE, OF CALIFORNIA MARJUT H. ROBINSON, OF TEXAS STACY DEE MACTAGGERT, OF WISCONSIN NORMAN H. BARTH, OF CALIFORNIA JAMES A. RODRIGUEZ, OF VIRGINIA LESLIE ANN MALZ, OF ILLINOIS HEIDI BEYER BARTLETT, OF ALABAMA ELBERT GEORGE ROSS, OF VIRGINIA GREGORY RAGAN MARCUS, OF FLORIDA MICHAEL JUSTIN BELGRADE, OF MARYLAND LAURA ELIZABETH RUMBLEY, OF FLORIDA NICOLE M. MARTIN, OF FLORIDA DAVID AARON BENEDETTI, OF VIRGINIA SHANNON E. RUNYON, OF NEVADA MARISSA MAURER, OF MARYLAND DAVID B. BERNS, OF THE DISTRICT OF COLUMBIA JENNIFER J. SCHAMING, OF SOUTH CAROLINA JEFFREY W. MAZUR, OF WISCONSIN GERALD M. BONIFATE, OF VIRGINIA AARON P. SCHEIBE, OF SOUTH DAKOTA ROBERT HAYNES MCCUTCHEON III, OF VIRGINIA MARY F. BOSCIA, OF VIRGINIA CONN J. SCHRADER, OF NEW YORK DAVID CHRISTIAN MCFARLAND, OF TEXAS THOMAS BOUGHTER, OF PENNSYLVANIA DAVID SEMINARA, OF NEW YORK ROBERT AARON MCINTURFF, OF VIRGINIA JEFFERY L. BOURNES, OF VIRGINIA PRIYADARSHI SEN, OF VIRGINIA LANCE T. MEEKS, OF THE DISTRICT OF COLUMBIA JASON A. BRENDEN, OF MAINE KATHERINE DIANE SHARP, OF VIRGINIA GARRETT D. MELICH, OF VIRGINIA MARK C. BUGGY, OF VIRGINIA TIMOTHY J. SHERRY, OF VIRGINIA JENNIFER TERESE MERGY, OF CALIFORNIA JOHN EDWARD CAVENESS, OF GEORGIA BRIAN ANTHONY SHOTT, OF VIRGINIA JAMES W. MOON IV, OF SOUTH CAROLINA ANITA STROHSCHEIN CHILDS, OF INDIANA JOANNE R. SINGER, OF VIRGINIA KRISTINA MOORE, OF ARIZONA VALERIE JUDITH CHITTENDEN, OF MARYLAND MAUREEN A. SMITH, OF CONNECTICUT MATTHEW JAMES MUCHER, OF VIRGINIA BRENT T. CHRISTENSEN, OF TEXAS JORDAN STANCIL, OF MICHIGAN ELIZABETH ANN MURPHY, OF PENNSYLVANIA ANTHONY WAYNE CLARE, OF THE DISTRICT OF COLUM- STACY R. STARBUCK, OF VIRGINIA KEVIN MARCUS MURPHY, OF MASSACHUSETTS BIA STEPHEN M. STARK, OF MICHIGAN JOSEPH MUSCARI, OF VIRGINIA APRIL C. COHEN, OF THE DISTRICT OF COLUMBIA MARY STOMA, OF VIRGINIA PAUL FRANCIS NARAIN, OF MARYLAND PATRICK W. CONNORS, OF VIRGINIA RYAN DOUGLAS STONER, OF NEW YORK ELEFTHERIOS E. NETOS, OF INDIANA JULIE A. COOPER, OF THE DISTRICT OF COLUMBIA JULIE MARIE STUFFT, OF MARYLAND THOMAS ALFRED O’KEEFFE III, OF VIRGINIA JASON L. CRAIG, OF UTAH MELISSA A. SWEENEY, OF ILLINOIS RICHARD PACHECO, PACHECO JR., OF VIRGINIA CATHY M. CRILEY, OF ARIZONA TARA D. SWITZER, OF VIRGINIA CYNTHIA F. PASCALE, OF THE DISTRICT OF COLUMBIA ANDREW J. CSONT, OF VIRGINIA AMY TACHCO, OF NEW YORK ELIZABETH A. PELLETREAU, OF MASSACHUSETTS MARTIN A. DALE, OF VIRGINIA DANIEL J. TIKVART, OF VIRGINIA RAFAEL ANTONIO PEREZ, OF FLORIDA THOMAS CLIFTON DANIELS, OF TEXAS ALEXANDER J. TITOLO, OF NEW YORK SUZANNE PICKENS, OF VIRGINIA F. G. DAVENPORT, OF VIRGINIA RENATA SYKOROVA TURNIDGE, OF VIRGINIA JEFFREY L. PILGREEN, OF WASHINGTON PAUL STUART DEVER, OF VIRGINIA TIMOTHY W. TWINAM, OF VIRGINIA TIMOTHY F. PONCE, OF FLORIDA DION SHANNON DORSEY, OF TEXAS ANDREW M. VEPREK, OF LOUISIANA ANDREW PRATER, OF MISSOURI DONNA K. DREWYER, OF VIRGINIA JOHN J. VERSOSKY, OF VIRGINIA GAUTAM A. RANA, OF NEW JERSEY JEAN C. DUGGAN, OF NEW YORK CATHERINE VIAL, OF THE DISTRICT OF COLUMBIA TIMOTHY JOE RELK, OF IDAHO JOHN DUNHAM, OF MARYLAND RYAN P. WESLEY, OF NEW JERSEY JAMES P. ROSELI, OF MARYLAND BRINILLE ELIANE ELLIS, OF VIRGINIA STEPHEN J. WILGER, OF MICHIGAN KEITH J. RUSSELL, OF VIRGINIA MICHAEL PATRICK ELLSWORTH, OF CONNECTICUT PENELOPE A. WILKINSON, OF NEW JERSEY JOAN P. SHAKER, OF VIRGINIA JOHN GREGORY ERWIN, OF ILLINOIS FREDERICK TODD WILSON, OF THE DISTRICT OF COLUM- COLIN SHAUGHNESSY, OF THE DISTRICT OF COLUMBIA JASON EVANS, OF OKLAHOMA BIA J. TIMOTHY SINGER, OF VIRGINIA RALPH W. FALZONE, OF MARYLAND CHRISTOPHER MICHAEL WURST, OF MINNESOTA SCOTT E. SMITH II, OF VIRGINIA SCOTT G. FEEKEN, OF KANSAS CLAUDIA L. YELLIN, OF VIRGINIA