[Congressional Record Volume 147, Number 129 (Monday, October 1, 2001)]
[Senate]
[Pages S9956-S9968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2002
The PRESIDING OFFICER. Under the previous order, the Senate will now
resume consideration of S. 1438, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1438) to authorize appropriations for fiscal
year 2002 for military activities of the Department of
Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes.
The PRESIDING OFFICER. The Senator from Connecticut is recognized.
Amendment No. 1750
Mr. DODD. Mr. President, I call up my amendment No. 1750.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Connecticut [Mr. Dodd] proposes an
amendment numbered 1750.
Mr. DODD. I ask unanimous consent further reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To extend assistance for firefighters)
At the end of subtitle E of title X, add the following:
SEC. 1066. ASSISTANCE FOR FIREFIGHTERS.
Section 33(e) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229(e)) is amended by striking
paragraph (2) and inserting the following new paragraphs:
``(2) $600,000,000 for fiscal year 2002.
``(3) $800,000,000 for fiscal year 2003.
``(4) $1,000,000,000 for fiscal year 2004.''.
Mr. DODD. Mr. President, very briefly, this amendment deals with the
FIRE Act, a bill which we adopted in a previous Congress, providing
assistance to departments--paid departments, volunteer departments, and
combination
[[Page S9957]]
departments for equipment and the like.
I see my colleague from Virginia rising.
Mr. WARNER. Mr. President, may I say that we worked together on this.
I would like to be a cosponsor of this amendment.
Mr. DODD. Mr. President, I ask unanimous consent that my colleague be
added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Mr. President, let me take a second and commend our two
colleagues from Michigan and from Virginia, the Chairman and Ranking
Member. Only a few months ago, those roles were reversed; the chairman
was from Virginia and the ranking member was from Michigan. This is a
great team which has done a tremendous job. It is sort of a seamless
garment in many ways, in terms of their leadership on national security
issues as the chairman and ranking members of the Armed Services
Committee.
I want to take a moment to commend them both for the spectacular job
they have done over the last 2\1/2\ weeks since the great tragedy on
September 11. Not only have they led in terms of moving their committee
product along and offering us an opportunity to do something very
constructive and positive in responding to the events of September 11,
but also in their public commentary on this issue both here on the
floor of the Senate as well as in the public forums. The Senator from
Michigan, Carl Levin, and the Senator from Virginia, John Warner, have
truly lived up to the spirit of those who in other times of crisis have
led without partisanship and with a sense of unity. I think it has been
reassuring to the American public to have both of them in the positions
they are in.
On the subject at hand, I have 15 minutes, so I will try to be brief.
I thank the Senator from Michigan and the Senator from Virginia for
being supportive of this effort. In fact, in many ways, without their
leadership and support on this very matter, we would not have ever
adopted the FIRE Act.
Very simply put, this legislation allows for fire departments across
this country--some 30,000 of them, paid volunteers and combined
departments--to seek Federal grants for training and equipment to
assist them in doing a better job in responding to tragedies in our
local communities.
I don't need to make this case. I suppose I could end my remarks
there. There is not a single person in this country who is not aware of
the heroic efforts of our fire departments, not only within the city of
New York, which, of course, suffered the greatest tragedy when it came
to the loss of life, not only of civilian populations but also
firefighters, but also here in the Nation's Capital and the departments
in Virginia, Maryland, and the District of Columbia.
On a parochial note, if you will, some of the first departments to
respond to the tragedy at the World Trade Center came from my home
State of Connecticut. I note the presence of the Presiding Officer, the
Senator from New Jersey. I know, in fact, many of the people from his
State as well responded to this catastrophe, the savage attacks in New
York City. I don't need to make the case about how valuable these men
and women are in the job they do. I think we become aware that--despite
our traditional thinking about fire departments, with sort of the
Dalmatian dog in the front seat and responding to the residential or
small business fire--today they are asked to become basically soldiers.
The distinction between what they do and what the men and women in
military uniforms do--the lines are becoming blurred somewhat here. No
greater piece of evidence can I offer than that which occurred on
September 11.
Some may say: What are you doing offering a fire amendment on the
Department of Defense authorization? One, this is where the bill was
born. As a result of the leadership of the two men I have mentioned
already. This bill became law in conference. I offered the bill here,
but without them this bill would not have become the law of the land.
In a sense, now to extend the authorization over the next several years
with a relatively small amendment for this fiscal year, increasing over
the next 3 years so that we can provide assistance to these
departments, I think is critical and important.
With that, let me explain what is in the bill. Many of us in the
Senate and in the Congress have long understood that America's
firefighters make extraordinary contributions to their communities. But
on September 11, of course, we got a glimpse of a larger role these men
and women of the fire service play. The national security role of
firefighters has become readily apparent to all in this country.
On the morning of September 11, the men and women of the New York
City Fire Department came to the aid of the entire Nation. They charged
in to rescue people from every region of our country and more than 40
nations around the globe. Those firefighters raced into that building
to save the lives of people trapped in those two towers. On the same
morning, firefighters from Virginia, Maryland, and District of Columbia
became domestic defenders, responsible for coordinating a response to
an attack on the headquarters of our armed services, the Pentagon
itself.
If there was ever any question that the firefighters who wear the
uniforms of local agencies are from time to time called upon to serve
as partners with the men and women who wear the uniform of the U.S.
military, those questions I think have been laid to rest forever. The
sad new reality is that when terrorists target civilian populations on
American soil, we are going to need, more than ever, our rescue
services to be as well equipped as they possibly can be.
I have mentioned fire departments and, obviously, police departments.
This bill covers emergency medical teams as well, EMS services. Again,
they responded in heroic fashion from Virginia, Maryland, DC, New
Jersey, Connecticut and, of course, New York. Many of us went to ground
zero in New York City. Many colleagues met people from their States,
firefighters from North Carolina, Colorado, California--people who
responded from across this country to be in New York to assist those
departments that had lost more than 350 of their brothers and sisters.
So this is a national issue. It directly relates to the security of
our country. We do not send our soldiers into battle without the
training and equipment they need. We can no longer abide a system that
would send firefighters to do their jobs without the proper training or
equipment that they need.
Last year, Congress passed the Fire Fighter Investment and Response
Enhancement Act as an amendment to the Department of Defense
authorization bill. Again, without Carl Levin and John Warner, the
equipment some of these departments received would not have happened.
So I offer the amendment again on this bill not because this is the
only opportunity. In a sense, this is a national security issue, a new
national security, a new definition of what we are talking about.
At that time, we authorized 2 years of appropriations under the FIRE
Act. Unfortunately, the levels of authorization did not anticipate the
new threats that have become apparent in recent weeks.
Last year, Congress appropriated $100 million to provide grant
funding under the FIRE Act to departments across the Nation. The
Federal Emergency Management Administration recently reported that it
received grant applications from nearly 20,000 local fire departments.
The total amount of funding requested by these departments is nearly $3
billion. That is the existing need.
We appropriated $100 million, but there were $3 billion in requests
from 20,000 departments across the Nation. Today these firefighters are
not just racing with the old hook and ladder down the old country lane
to put out the barn fire. They are dealing with toxic waste, toxic
substances, some of the most dangerous material in the world, and they
are going to be called on, unfortunately, to deal with more of it in
the years ahead. Therefore, they need the support this amendment will
offer them.
Last year, there was about $2.8 billion of unfunded requests under
the Fire Grant Program. I do not think we can afford to have that level
of unmet needs this year or ever again for that matter. This amendment
will assure
[[Page S9958]]
the continuation of the Fire Grant Program. It will increase the
Federal Government's commitment to a level I think is appropriate in
light of recent events and the continuing threat to the safety of the
American public.
Under current law, authorization for the fire program terminates at
the end of fiscal year 2002. This amendment would extend the
authorization period until the end of the fiscal year 2004.
Further, the current law only authorizes about $300 million for the
fiscal year 2002. This amendment would authorize an appropriation of up
to $600 million for the purchase of emergency response equipment and
training.
The amendment would also authorize up to $800 million in 2003 and up
to $1 billion in 2004. To put it in perspective, the COPS Program,
which most of us endorse and support, is around $11 billion. We are
taking about $1 billion for firefighters and some 30,000 departments
across the country.
None of us have ever suggested parity, although one might make a case
in light of the events of September 11 considering what these men and
women have to deal with, the materials they grapple with, and the
training they are going to need. We have not asked for that. It is the
authorization levels I mentioned increasing through the year 2004.
There may remain other improvements, by the way, that could and
should be made to our emergency response infrastructure. I intend to
work very closely with the Commerce Committee. This is naturally and
normally a matter under the jurisdiction of the Commerce Committee. I
express my gratitude to Fritz Hollings, our colleague from South
Carolina, and John McCain, the Senator from Arizona, who, not unlike
Senator Levin and Senator Warner, have been chair and ranking member
back and forth.
Last year, with their support, we adopted the amendment as part of
the DOD authorization bill. I am grateful to Senator Hollings for his
support of this amendment. They have a very important role to play. We
have to come back at some point and start talking about other things
that can be done.
Given the fact we are going to be winding up this session and there
are very few vehicles available to us on which to have an authorization
matter considered, given the history of this act and its association
with the DOD authorization bill and the direct linkage between better
equipping the ability of our fire departments across this country to
deal with the new threats our communities face, I think this bill is an
appropriate place for this amendment.
I am very grateful to all of our colleagues for their willingness to
consider these extraordinary circumstances.
My hope is that this evening we can adopt this amendment on a voice
vote. I am not interested in having a recorded vote. I think most of
our colleagues will support it. My hope is that we will complete action
and leave the Record open so others who may want to comment on this
can.
I have dedicated this amendment to the men and women who lost their
lives in the fire departments on September 11. There are a lot of ways
they can be memorialized and communities are doing that across the
country. If you talk to your local departments, there is no better way
to memorialize them than to see to it future firefighters have the
equipment and training they will need.
Hopefully, they will not have to use it. Hopefully, they will never
have to face what New York City or Northern Virginia faced with the
attack on the Pentagon, but if it occurs, I want to be able to say that
this Congress and this Chamber provided them the tools and training
necessary to respond to those tragedies; that we were not so
shortsighted that we did not understand the new world we entered as a
result of the attacks on our country only 2 weeks ago.
Again, I urge the adoption of this amendment. This is one area where
I know there are likely to be remaining issues, as I said, to be
discussed. But as we continue to identify critical staffing needs and
better ways to structure the Federal Government's partnership with
local firefighters, I will be looking to Chairman Hollings and Senator
McCain and the Commerce Committee to continue to provide leadership in
this area.
There is no shortage of bravery among the men and women of America's
fire service. Even when commercial air travel was completely shut down,
public safety workers from as far away as Chicago and Texas made their
way to New York and the Pentagon to lend their assistance. We have seen
that public safety personnel are extraordinary people. They put the
needs of others before their own interests and even before their own
personal safety.
During the initial rush to save people in the burning World Trade
Center Towers, nobody stopped to ask: Why are you here? But if they
had, the answer undoubtedly would have come back: Because people need
our help.
Tonight we can provide service to those who provided help in the past
by helping them. This amendment honors America's firefighters,
acknowledges the men and women who do not ask why, the men and women
who simply do what must be done.
This amendment is more than that. It is an investment in America's
security. This will help America be prepared for come what may. Let the
world be on notice that we are not afraid, but we are also going to be
prepared, and we are also going to prevail. I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. Mr. President, I commend our dear friend from Connecticut
for his very passionate argument. He has been the leader in the effort
to provide these resources for our valued firefighters whose amazing
contributions were so dramatically demonstrated on September 11. The
Senator from Connecticut has been the leader in this effort. The
contribution which I have made to his effort is small indeed compared
to what he has been able to put forward with his leadership.
I can only say in amazement that as powerful a speaker as the Senator
from Connecticut always is, somehow miraculously, despite the fact he
is up half the night changing diapers for his daughter Grace, he is
more powerful and more passionate than ever. That says something about
fatherhood. I congratulate him not only on his argument and tell him I
am proud to be a cosponsor of his amendment, but I again congratulate
him on his wonderful new family addition.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. WARNER. Mr. President, I add my commendations to our good friend
and colleague. All too often in reflecting on September 11, we, of
course, focus on the magnitude of the tragedy in New York and, indeed,
in my State, but we should include Pennsylvania.
Mr. DODD. Yes, we should.
Mr. WARNER. The firefighters are a band of brothers and sisters, as
it was made very clear to me, wherever they are in those States,
particularly those three impact areas. I visited the Pentagon not more
than 3 or 4 hours after the plane flew into it, and I will have further
remarks. I see our distinguished colleague from North Carolina wishes
to address another matter for a few minutes, and then I will regain the
floor.
Mr. DODD. If my colleague will yield, let these remarks reflect as
well, he is absolutely correct. We focus on New York, the World Trade
Center, and the Pentagon. He is absolutely correct the people of
Pennsylvania, those who lost their lives in that aircraft--we do not
know the whole story, but many of us suspect that the people inside
that plane played a very heroic role, and the fact we are standing in
this building today debating these issues may very well be because some
very heroic civilian Americans stood up and took on some people and
saved countless other lives. That mark in Pennsylvania and those who
responded to it deserve equal recognition.
The Senator from Virginia is absolutely correct.
I see my friend from North Carolina is about to speak, and since my
friend from Michigan raised the issue of my newborn Grace, I must tell
the Senator from North Carolina we received some wonderful little gifts
for new Grace and all of them are cherished, but the Senator from North
Carolina and his beloved Dot sent a little teddy bear which, if you
extend it, it plays music. I want to tell the Senator I will forever be
grateful to my colleague from North Carolina because I have tried all
sorts
[[Page S9959]]
of ways to quiet Grace down but nothing works like that little music
box. I thank the Senator immensely for that token and gesture, and I
thank his lovely wife as well. I say to my colleague from North
Carolina, I thought of him many times at 3 this morning.
Mr. WARNER. Mr. President, I acknowledge that from time to time the
heart of the Senator from Connecticut needs to be quieted so we are
going to bring that little teddy bear to the floor to calm him down on
some other matters.
Mr. LEVIN. If the Senator from North Carolina will yield, we now have
two ways of closing debate a little more promptly and in unique ways.
One is with Ted Kennedy's dog, which barks when someone goes on too
long--usually not on the floor of the Senate--and now we have a music
box. So that Chris and Jackie have the special gift from the Senator
from North Carolina.
The PRESIDING OFFICER (Mr. Hollings). The Senator from Connecticut.
Mr. DODD. Mr. President, I ask unanimous consent that the Senator
from South Carolina, Mr. Hollings, be added as a cosponsor to the fire
act amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. I ask unanimous consent that this important colloquy
about the Chairman of the Joint Chiefs of Staff be printed in today's
Record separate from the presentation by the Senator from Connecticut.
Mr. DODD. If my colleague will yield further, he might want to ask
unanimous consent that others might be able to join with Senator Helms
in commending Hugh Shelton. I am not a member of the committee, but all
of us at one time or another have had dealings with him, even though he
is responsible to responding to the Armed Services Committee. This is a
remarkable public servant, Hugh Shelton, and he is going to be missed.
He has a wonderful successor. I do not know him as well as I know
General Shelton, but on behalf of those not on the committee but who
have watched him and talked to him and called him from time to time,
this is truly a great citizen, and I wish to add my thoughts and
comments about his contribution to our country as well.
Mr. WARNER. Mr. President, I so modify my UC, and I ask unanimous
consent that the statements made in the Chamber today and otherwise in
regard to the distinguished former Chairman be printed in today's
Record in one place by the close of business today.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mr. Helms, Mr. Warner, Mr. Levin, and Mr. Edwards are
printed in today's Record under ``Morning Business.'')
Mr. WARNER. In regard to the pending amendment by the Senator from
Connecticut, I think it is important to show how these funds are being
spent. I referred to the bill that we put in last year in the Senate
Armed Services Committee, known as the Floyd D. Spence national defense
authorization on page 378. These funds are to be used for the following
purposes: to hire additional firefighting personnel; to train personnel
in fire fighting, emergency response, arson, prevention, and detection
or the handling of hazardous materials; or to train firefighting
personnel to provide any of the training described in this
subparagraph.
There is no greater threat facing this Nation today than weapons of
mass destruction, and as we listened to the very able work being done
by the Attorney General of the United States and others in connection
with the crisis of September 11, they are obligated to tell this Nation
that we cannot ring the all clear sign, that we have many problems and
it could possibly include weapons of mass destruction of the type of
chemical or biological. It is difficult for me to enunciate that in
this Chamber. That is precisely what these funds are to be used for, to
train firefighters. They are oftentimes both professional and
volunteer. I thank my colleague.
Last year, I remember, we wanted to give parity with the professional
volunteer. That has been done. They are the first on the scene. Unless
they have some training to make an assessment right away, they
themselves could become victims of a chemical or biological attack and
their services would be incapacitated, depending on the problem. That
training is included. It is important.
There are funds to protect firefighting personnel at the scenes of
fire and other emergencies. In New York City there was tremendous
personal risk in these situations trying to extract survivors and yet
at the same time confronted with a weakened structure, smoke, and all
types of things. They themselves could be trapped. Special training is
required for extricating the firemen as well as the remaining victims.
Other uses of the funds:
To certify firefighters, to establish wellness and fitness programs
for firefighting personnel, to ensure that the firefighting personnel
can carry out their duties--there are tremendous arduous, physical
requirements for the men and women who bravely wear the uniforms of
firefighters; to fund emergency medical services provided by fire
departments--more and more often, they are the first on the scene to
render the basic necessities of medical care and to save lives; to
acquire additional firefighting vehicles, including firetrucks. We all
have romance about the firetrucks. I know some of the volunteer groups
in my State kept the old truck to remind them of the need to get a new
truck, but they never seem to discard the old truck. In times of the
parade, the old truck comes out and everybody is proud to see it again.
However, we have to get state-of-the-art equipment; to acquire
additional firefighting equipment, including equipment for
communications and monitoring; to acquire personnel protective
equipment, required for firefighting personnel, by the Occupational
Safety and Health Administration and other personnel protective
equipment for firefighting personnel; to modify fire stations, fire-
training facilities, and other facilities to protect the health and
safety of firefighting personnel; to enforce fire codes; to fund fire
prevention programs; to educate the public about arson prevention and
detection; or to provide incentives for the recruitment and retention
of volunteer firefighting personnel for volunteer firefighting
departments and other firefighting departments that utilize volunteers.
I commend our distinguished colleague. I am proud to be a cosponsor
on this important piece of legislation.
Mr. DODD. I thank my colleague from Virginia for his eloquent
comments and remarks. He has made a strong statement on the value of
this amendment and the contribution it has made.
As I pointed out in my remarks, we put in $100 million a year ago and
we had over $3 billion worth of grant requests from 20,000 departments
across the country. We are not going to satisfy all of that, even if
there is a full appropriation to equal the authorization amounts here,
but it can make a difference for these people.
My office spoke with Senator McCain's office and I ask unanimous
consent Senator McCain be listed as a cosponsor of this amendment. He
has no objection to this amendment being adopted. I urge we agree to
the amendment by voice vote. Perhaps others may want to be heard.
Mr. WARNER. I accept, certainly, the statement by the Senator. I
understand Senator McCain still has this matter under advisement.
Mr. DODD. He told me he wants to be a cosponsor so we will do that
much, anyway.
I ask unanimous consent Senator McCain be added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
(Mr. DODD assumed the cChair.)
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. HOLLINGS. Mr. President, I commend the distinguished Presiding
Officer of the Senate, the Senator from Connecticut, for his leadership
on firefighting issues.
As Governor of South Carolina some years back, I helped to establish
the Firefighting Institute in my State. I have always been interested
in these issues and I continue to admire the bravery of our firemen.
When I came to the Senate in the late 1960s during the civil rights
era, protestors would pull the fire boxes during demonstrations. When
the firemen came to the scene where the alarm was given, they were
shooting the firemen. We lost several
[[Page S9960]]
firemen as a result of this. At the time, there was a $50,000 benefit
for the FBI and law enforcement personnel, but none, whatsoever, for
the Federal firefighters. So we amended that in our committee to make
sure we took care of the firefighters and their families.
The current initiative before us that Senator Dodd first presented
last year, is something firefighters around the country are looking
for. We in government shortchange some, when it comes to prisons, when
it comes to law enforcement, when it comes to firefighters. It has been
my experience over the years of service that we take these public
services for granted when it comes to funding.
I guess my frustration with this neglect is an outcome of growing up
and coming along during the days of the Depression when anybody was
glad to get any kind of job. The fact is, law enforcement officials and
firefighters have historically been underpaid. We cannot accept this
any longer. We can see the courage displayed in New York, and the
magnificent sacrifices made.
Mr. WARNER. I say to the distinguished chairman, Senator McCain has
now indicated he joins in full support of this measure, so I am
prepared to agree to the amendment, with the distinguished Presiding
Officer in the chair; is that agreeable?
Mr. HOLLINGS. If it is agreeable here.
The PRESIDING OFFICER. The Presiding Officer is very content for that
to occur.
The question is on agreeing to the amendment.
The amendment (No. 1750) was agreed to.
Mr. WARNER. I move to reconsider the vote by which the amendment was
agreed to.
Mr. HOLLINGS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
(Mr. HOLLINGS assumed the Chair.)
Mr. LEVIN. Talk about a seamless transition, as the Senator from
Connecticut said, this is a seamless transition of the Presiding
Officers.
The PRESIDING OFFICER. All working together.
Amendments Nos. 1793 through 1808, En Bloc
Mr. LEVIN. I ask consent it be in order to send 16 amendments to the
desk, and I ask they be considered en bloc. I understand these
amendments have been cleared by the other side.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Michigan [Mr. Levin], for himself and Mr.
Warner, proposes amendments numbered 1793 through 1808, en
bloc.
Mr. WARNER. I wish to join my distinguished chairman in commending
the hard work of our staff over the course of Friday, Saturday, Sunday,
and today, working on this package. It is well known to all members of
the committee what is included in the amendments. Therefore, the
amendments have been cleared on our side.
The PRESIDING OFFICER. The question is on agreeing to the amendments.
The amendments Nos. 1793 through 1808 were agreed to, en bloc, as
follows:
AMENDMENT NO. 1793
(Purpose: To authorize, and authorize the appropriation of, $8,000,000
for military construction for the Air Force for airfield repairs at
Masirah Island, Oman)
In section 2301(b), in the table, insert after the item
relating to Osan Air Base, Korea, the following new item:
Oman............................... Masirah Island........ $8,000,000
In section 2301(b), in the table, strike the item
identified as the total in the amount column and insert
``$257,392,000''.
In section 2304(a), in the matter preceding paragraph (1),
strike ``$2,579,791,000'' and insert ``$2,587,791,000''.
In section 2304(a)(2), strike ``$249,392,000'' and insert
``$257,392,000''.
____
AMENDMENT NO. 1794
(Purpose: To authorize the Secretary of the Navy to acquire land for
the Harvey Point Defense Testing Activity in Hertford, North Carolina)
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2827. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH
CAROLINA.
The Secretary of the Navy may, using funds previously
appropriated for such purpose, acquire any and all right,
title, and interest in and to a parcel of real property,
including improvements thereon, consisting of approximately
240 acres, or any portion thereof, in Perquimans County,
North Carolina, for purposes of including such parcel in the
Harvey Point Defense Testing Activity, Hertford, North
Carolina.
____
AMENDMENT NO. 1795
(Purpose: To provide for the conveyance of the excess Army Reserve
Center in Kewaunee, Wisconsin)
At the appropriate place in the bill insert the following
sections:
SEC. . LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE,
WISCONSIN.
(a) Conveyance Required.--The Administrator of General
Services may convey, without consideration, to the City of
Kewaunee, Wisconsin (in this section referred to as the
`City'), all right, title, and interest of the United States
in and to a parcel of Federal real property, including
improvements thereon, that is located at 401 5th Street in
Kewaunee, Wisconsin, and contains an excess Army Reserve
Center. After such conveyance, the property may be used and
occupied only by the City, or by another local or State
government entity approved by the City.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Administrator. The cost of the survey shall be borne
by the City.
(c) Reversionary Interest.--During the 20-year period
beginning on the date the Administrator makes the conveyance
under subsection (a), if the Administrator determines that
the conveyed property is not being used and occupied in
accordance with such subsection, all right, title, and
interest in and to the property, including any improvements
thereon, shall revert to the United States. Upon reversion,
the United States shall immediately proceed to a public sale
of the property.
(d) Additional Terms and Conditions.--(1) The property
shall not be used for commercial purposes.
(2) The Administrator may require such additional terms and
conditions in connection with the conveyance under subsection
(a) as the Administrator considers appropriate to protect the
interests of the United States.
SEC. . TREATMENT OF AMOUNTS RECEIVED.
Any net proceeds received by the United States as payment
under subsection (c) of the previous section shall be
deposited into the Land and Water Conservation Fund.
____
AMENDMENT NO. 1796
(Purpose: To increase by $22,700,000 the amount for the Air Force for
missile procurement for the nuclear detonation detection system
program, and to provide an offset)
On page 18, line 14, increase the amount by $22,700,000.
On page 23, line 12, reduce the amount by $22,700,000.
____
AMENDMENT NO. 1797
(Purpose: To make permanent the authority to provide transitional
health care for members of the Armed Forces who are involuntarily
separated, and to extend eligibility for transitional health care under
that authority to mobilized members of the reserve components)
On page 235, between lines 15 and 16, insert the following:
SEC. 718. TRANSITIONAL HEALTH CARE TO MEMBERS SEPARATED FROM
ACTIVE DUTY.
(a) Permanent Authority for Involuntarily Separated Members
and Mobilized Reserves.--Subsection (a) of section 1145 of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2), a
member'' and all that follows through ``of the member),'' and
inserting ``paragraph (3), a member of the armed forces who
is separated from active duty as described in paragraph
(2)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) This subsection applies to the following members of
the armed forces:
``(A) A member who is involuntarily separated from active
duty.
``(B) A member of a reserve component who is separated from
active duty to which called
[[Page S9961]]
or ordered in support of a contingency operation if the
active duty is active duty for a period of more than 30 days.
``(C) A member who is separated from active duty for which
the member is involuntarily retained under section 12305 of
this title in support of a contingency operation.
``(D) A member who is separated from active duty served
pursuant to a voluntary agreement of the member to remain on
active duty for a period of less than one year in support of
a contingency operation.''; and
(4) in paragraph (3), as redesignated by paragraph (2), is
amended by striking ``involuntary'' each place it appears.
(b) Conforming Amendments.--Such section 1145 is further
amended--
(1) in subsection (c)(1), by striking ``during the period
beginning on October 1, 1990, and ending on December 31,
2001''; and
(2) in subsection (e), by striking the first sentence.
(c) Repeal of Superseded Authority.--(1) Section 1074b of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to
section 1074b.
(d) Transition Provision.--Notwithstanding the repeal of
section 1074b of title 10, United States Code, by subsection
(c), the provisions of that section, as in effect before the
date of the enactment of this Act, shall continue to apply to
a member of the Armed Forces who is released from active duty
in support of a contingency operation before that date.
____
Amendment No. 1798
(Purpose: To authorize appropriations for fiscal year 2002 for military
activities of the Department of the Defense, for military construction,
and for defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes)
At the appropriate place, insert:
Of the funds authorized to be appropriated for section 301,
$230,255,000 shall be available for Environmental
Restoration, Formerly Used Defense Sites.
____
AMENDMENT NO. 1799
(Purpose: To require a plan to ensure that the embarkation of civilian
guests does not interfere with the operational readiness and safe
operation of Navy vessels)
At the appropriate place in the bill, insert the following
new section.
Sec. . Plan.--The Secretary of the Navy shall, not later
than February 1, 2002, submit to Congress a plan to ensure
that the embarkation of selected civilian guests does not
interfere with the operational readiness and safe operation
of Navy vessels. The plan shall include, at a minimum:
Procedures to ensure that guest embarkations are conducted
only within the framework of regularly scheduled operations
and that underway operations are not conducted solely to
accommodate non-official civilian guests,
Guidelines for the maximum number of guests that can be
embarked on the various classes of Navy vessels,
Guidelines and procedures for supervising civilians
operating or controlling any equipment of Navy vessels,
Guidelines to ensure that proper standard operating
procedures are not hindered by activities related to hosting
civilians,
Any other guidelines or procedures the Secretary shall
consider necessary or appropriate.
Definition. For the purposes of this section, civilian
guests are defined as civilians invited to embark on Navy
ships solely for the purpose of furthering public awareness
of the Navy and its mission. It does not include civilians
conducting official business.
____
AMENDMENT NO. 1800
(Purpose: To express the sense of the Senate on defense burdensharing
by allies of the United States)
At the end of subtitle B of title XII add the following:
SEC. 1217. ALLIED DEFENSE BURDENSHARING.
It is the sense of the Senate that--
(1) the efforts of the President to increase defense
burdensharing by allied and friendly nations deserve strong
support;
(2) host nation support agreements with those nations in
which United States military personnel are assigned to
permanent duty ashore should be negotiated consistent with
section 1221(a)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (P.L. 105-85) which sets forth a goal of
obtaining financial contributions from host nations that
amount to 75 percent of the non-personnel costs incurred by
the United States government for stationing military
personnel in those nations.
____
AMENDMENT NO. 1801
(Purpose: To make available $650,000 for the Defense Language Institute
Foreign Language Center for an expanded Arabic language program)
At the end of subtitle D of title III, add the following:
SEC. 335. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER
EXPANDED ARABIC LANGUAGE PROGRAM.
Of the amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army, $650,000
may be available for the Defense Language Institute Foreign
Language Center (DLIFLC) for an expanded Arabic language
program.
____
AMENDMENT NO. 1802
(Purpose: Authorization.--$3,000,000 is authorized for appropriations
in section 301(5), for the replacement or refurbishment of air handlers
and related control systems at Keesler AFB Medical Center)
At the appropriate place in the bill, add the following:
SEC. 301(5). AUTHORIZATION OF ADDITIONAL FUNDS.
Of the amount authorized to be appropriated by section
301(5), $2,000,000 may be available for the replacement and
refurbishment of air handlers and related control systems at
Air Force medical centers.
____
AMENDMENTS NO. 1803
(Purpose: To require an annual assessment and report on the
vulnerability of Department of Energy facilities to terrorist attack)
On page 553, between lines 12 and 13, insert the following:
SEC. 3159. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF
DEPARTMENT OF ENERGY FACILITIES TO TERRORIST
ATTACK.
(a) In General.--Part C of title VI of the Department of
Energy Organization Act (42 U.S.C. 7251 et seq.) is amended
by adding at the end the following new section:
``annual assessment and report on vulnerability of facilities to
terrorist attack
``Sec. 663. (a) The Secretary shall, on an annual basis,
conduct a comprehensive assessment of the vulnerability of
Department facilities to terrorist attack.
``(b) Not later than January 31 each year, the Secretary
shall submit to Congress a report on the assessment conducted
under subsection (a) during the preceding year. Each report
shall include the results of the assessment covered by such
report, together with such findings and recommendations as
the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of that Act is amended by inserting after the item
relating to section 662 the following new item:
``Sec. 663. Annual assessment and report on vulnerability of facilities
to terrorist attack.''.
____
AMENDMENT NO. 1804
(Purpose: To eliminate a restriction on the use of certain vessels
previously authorized to be sold)
On page 396, between lines 13 and 14, insert the following:
SEC. 1217. RELEASE OF RESTRICTION ON USE OF CERTAIN VESSELS
PREVIOUSLY AUTHORIZED TO BE SOLD.
Section 3603(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2273) is amended by striking ``for full use as an
oiler''.
____
AMENDMENT NO. 1805
(Purpose: To authorize the Secretary of the Navy to fund Department of
Veterans Affairs space renovations when the Secretary of Veterans
Affairs makes additional land available to the Navy at Great Lakes
Naval Training Center)
At the end of subtitle A of title III, add the following:
SEC. 306. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS
AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING
CENTER, GREAT LAKES, ILLINOIS.
(a) Availability of Funds for Renovation.--Subject to
subsection (b), of the amount authorized to be appropriated
by section 301(2) for operations and maintenance for the
Navy, the Secretary of the Navy may make available to the
Secretary of Veterans Affairs up to $2,000,000 for relocation
of Department of Veterans Affairs activities and associated
renovation of existing facilities at the North Chicago
Department of Veterans Affairs Medical Center.
(b) Limitation.--The Secretary of the Navy may make funds
available under subsection (a) only after the Secretary of
the Navy and the Secretary of Veterans Affairs enter into an
appropriate agreement for the use by the Secretary of the
Navy of approximately 48 acres of real property at the North
Chicago Department of Veterans Affairs property referred to
in subsection (a) for expansion of the Naval Training Center,
Great Lakes, Illinois.
____
AMENDMENT NO. 1806
(Purpose: To provide an amount for the training of active duty and
reserve component personnel in the management of the consequences of an
incident involving the use or threat of use of a weapon of mass
destruction)
On page 65, after line 24, insert the following:
SEC. 335. CONSEQUENCE MANAGEMENT TRAINING.
Of the amount authorized to be appropriated by section
301(5), $5,000,000 may be available for the training of
members of the Armed Forces (including reserve component
personnel) in the management of the consequences of an
incident involving the use or threat of use of a weapon of
mass destruction.
[[Page S9962]]
____
AMENDMENT NO. 1807
(Purpose: To authorize the acceptance of contributions for the repair
of the damage to the Pentagon Reservation caused by the terrorist
attack on September 11, 2001 or establishment a memorial of the attack
at the Pentagon Reservation)
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2844. ACCEPTANCE OF CONTRIBUTIONS TO REPAIR OR
ESTABLISHMENT MEMORIAL AT PENTAGON RESERVATION.
(a) Authority To Accept Contributions.--The Secretary of
Defense may accept contributions made for the purpose of
establishing a memorial or assisting in the repair of the
damage caused to the Pentagon Reservation by the terrorist
attack that occurred on September 11, 2001.
(b) Deposit of Contributions.--The Secretary shall deposit
contributions accepted under subsection (a) in the Pentagon
Reservation Maintenance Revolving Fund established by section
2674(e) of title 10, United States Code.
____
AMENDMENT NO. 1808
(Purpose: To authorize payment of career continuation bonuses for
aviation officers and surface warfare officers for early commitments to
remain on active duty)
On page 192, after line 20, insert the following:
SEC. 621. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION BONUSES
FOR EARLY COMMITMENT TO REMAIN ON ACTIVE DUTY.
(a) Aviation Officers.--Section 301b(b)(4) of title 37,
United States Code, is amended by striking ``has completed''
and inserting ``is within one year of the completion of''.
(b) Surface Warfare Officers.--Section 319(a)(3) of title
37, United States Code, is amended by striking ``has
completed'' and inserting ``is within one year of the
completion of''.
amendment no. 1797
Mrs. CARNAHAN. Mr, President, last week I spoke of a group of
Americans who will be on the front lines of the new war on terrorism--
reservists and national guard members. President Bush has authorized
the call-up of 50,000 of these citizen soldiers.
Together with a bipartisan group of Senators, I offered legislation
that I believe would greatly support these brave men and women, and
their families. This amendment would allow those called to active duty
and their families to have access to uninterrupted health care
coverage. My amendment is based on legislation I introduced with
Senator DeWine earlier this year. It would allow reservists returning
from deployments, to extend their TRICARE coverage for close to six
months or until their civilian health insurers returned their coverage
to them.
Today, I have expanded the scope of this legislation to cover not
only reserve components, but two other categories of military personnel
who will require help transitioning to civilian life once their active
duty service has ended.
First, there are active duty personnel who are involuntarily
retained. These are personnel who were scheduled to separate from
military service, but were ordered to stay on active duty to support
military operations in times of crisis. Second, there are those who are
involuntarily separated. These are personnel who are downsized after a
large mobilization such as the one the President has ordered.
Our military personnel need to know that their Nation will not turn
its back on them or their families. Today I offer an amendment that
will ensure that they receive adequate health care when they return
from active duty.
My legislation will build off of a Gulf War era statute that is set
to expire this year. Under previous laws, involuntarily retained and
separated servicemen and women were allowed to extend their military
health care coverage for a certain period of time, depending on their
length of service.
Service men and women with over 6 years of active duty service could
extend their TRICARE benefit for up to 120 days after they separated
from service. Those with under 6 years would be allowed to extend their
coverage for up to 60 days after they separated from service.
I understand that the Department of Defense was going to request re-
authorization of this benefit in light of the current crisis. However,
their request will probably not come to Congress in time to be attached
to the fiscal year 2002 authorization bill. It is time that we act now,
in the name of these brave soldiers, sailors, airmen, and Marines. But
moreover, we must expand this benefit to other critical parts of our
force--reservists and national guard members.
Currently, when Reservists are called up, they are temporarily
considered active duty components. While they are in harm's way,
members of the reserves and national guard, and their dependents, are
entitled to the same military health care coverage as other military
personnel--what is called, TRICARE. Reservists who have deployed for
more than 30 days during a major contingency may extend their military
health care coverage for 30 days after they return.
My amendment will provide comfort to thousands of military families
whose loved ones risk their lives defending our Nation. But more
importantly, it would be part of our national effort to unite behind
our troops during this time of national crisis.
Over 50,000 reservists may soon be called into service. As President
Bush himself has said, ``We're talking about somebody's mom, or
somebody's dad, somebody's employee, somebody's friend, or somebody's
neighbor.''
I want to thank both Senators Levin and Warner as well as their
staffs for their important assistance in writing this legislation.
Together, we crafted a measure that will assure our service personnel
that when they return home they will not be denied health care because
of their military service.
Mr. LEVIN. Mr. President, I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEVIN. Mr. President, I believe now we have cleared the decks of
all cleared amendments. We are hoping more can be cleared yet tonight.
We will be here at least for a few minutes. For the moment, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DODD. Mr. President, I ask unanimous consent the order for the
quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Mr. President, I ask unanimous consent the Senator from
Maryland, Mr. Sarbanes, and the Senator from Maine, Ms. Snowe, be added
as cosponsors of the just-adopted fire act amendment, if I may.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. I further ask unanimous consent that any additional Members
have until the close of business today to add themselves as cosponsors.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DODD. Mr. President, if I may, I want to take just a few minutes,
while the chairman and ranking member are off the floor, to comment on
some other aspects of this bill that is before us, the Department of
Defense authorization bill, and to comment about a larger measure.
I have filed an amendment which I may offer. I doubt if I will, but I
want to talk about it, if I may. I rise to speak about the election
reform provisions contained in the DOD authorization bill. First, let
me applaud the members of the committee for including these provisions
in the DOD authorization bill.
We are all familiar with the fact that last year in the national
elections there were issues raised about the ability of our men and
women in uniform to cast ballots and have those ballots counted. I know
the Presiding Officer, the Senator from South Carolina, who represents
major military installations in his State, men and women from his State
who have served in significantly high numbers, has talked about their
right to vote.
At this very hour, as we are gathered here, many of them are
scattered to the four corners of the globe, protecting and defending
the interests of our Nation. There were provisions adopted in the
committee print which I think go a significant way toward minimizing
the kinds of irregularities and problems our men and women in uniform
witnessed last year in casting their ballots and having their ballots
counted.
As we prepare to defend our democracy, as we talk about this the most
significant of the bills we debate and discuss on national security, I
think it is vital that we also work together in a
[[Page S9963]]
bipartisan fashion to strengthen our democracy at home. So I commend
and thank our colleagues for adding these provisions to the Defense
authorization bill.
This is a new world, as we have all heard repeated over and over
again during the last several weeks. We are living in a new world where
our very democracy is under assault. In fact, if I can quote from
President Bush's recent speech to the joint session of Congress, the
reason we are under attack is because of our democratic system. As the
President said just a few nights ago:
They hate what they see right here in this Chamber, a
democratically elected government. Their leaders are self
appointed. They hate our freedoms: Our freedom of religion,
our freedom of speech, our freedom to vote and assemble, and
to disagree with each other.
Those are important statements. So as we prepare to send troops
possibly into harm's way, it is necessary that we try to do everything
we can to secure for these brave men and women their precious freedom--
the freedom to vote.
I can think of few more important statements the United States could
make to terrorists than to take steps to strengthen and secure the
right to vote for all eligible Americans, and to have their votes
counted. If the terrorists harbored any illusions that they would
destabilize our democracy by perpetrating acts of evil against innocent
people, our determination to strengthen the right to vote proves that
the terrorists are sadly mistaken.
The provisions of this bill help ensure that right by setting uniform
nondiscriminatory voting standards, residency requirements, and
registration of balloting rights for uniformed service voters and their
spouses and dependents. There are over 6 million men and women who
serve in our uniformed services. These citizens put themselves on the
line and are at risk every day to protect our Nation. Yet, in some
cases, when they cast their votes, those votes have not been counted.
This is unacceptable. It is most appropriate that we address this
inadequacy in the text of the Department of Defense authorization
measures.
I fully support these provisions which provide for certain minimum
Federal requirements for voting and registration. Specifically, this
provision requires States to ensure that each voting system used within
a State for elections for Federal, State, and local offices, provide
overseas voters and absent uniformed service voters with a meaningful
opportunity to exercise their voting rights as citizens of the United
States; second, to count an absentee ballot for an election for
Federal, State, or local office that is timely submitted by an overseas
voter or absent uniform services voter to the proper official and is
otherwise valid; third, it permits absent uniformed services voters to
use absentee registration procedures and vote by absentee ballot in
primary, general, special, and runoff elections for State and local
offices; lastly, to accept and process any voter registration
application from an absent uniformed services voter if the application
is received by the State official not less than 30 days before the date
of the election and is otherwise valid.
I fully support all of these Federal requirements. Importantly, this
bill mandates these requirements. The bill doesn't say that it would
permit any State to opt out of these desperately needed reforms. These
are mandates. The States shall do this regardless of jurisdiction.
These men and women are serving in our Federal uniformed services. They
are protecting our Nation.
Whether they are voting for a local office or the Presidency of the
United States, we have to mandate these requirements.
The chairman of the committee, the ranking member, and Republicans
and Democrats alike support mandated provisions in the context of
voting rights for uniformed services voters.
The only way to guarantee that such requirements become part of the
voting rights for uniformed services voters is in fact to mandate them
and to give the States the resources they may require to implement
these provisions.
This bill is an important and long overdue effort to ensure that our
uniformed services voters, regardless of race, ethnicity, disability,
the language they speak, or the resources of the community they live
in, either abroad or in America, have an equal opportunity to cast
their votes and have their votes counted.
But we also need to make sure that when these uniformed services
voters and their families return to civilian life, their rights to vote
remain protected regardless of race, ethnicity, disability, the
language they speak, or the resources of the community in which they
live--whether it is abroad or in America, in my view.
Today we are ensuring in this bill the right to cast a vote and have
that vote counted for our uniformed services voters.
I see the presence of the distinguished ranking member, Senator
Warner. I commend the Senator and Senator Levin for incorporating these
voting rights for our men and women in uniform.
Before this Congress recesses for the year, or in the alternative, at
the earliest opportunity next year, I hope we set similar minimum
Federal standards to ensure the same opportunity for all eligible
American voters, regardless of race, ethnicity, disability, the
language they speak, or the resources of the community in which they
live--whether it is abroad or in America.
We must enact such comprehensive election reforms while there is time
to affect the elections for Federal offices in the year 2002 to the
extent possible, and more particularly the next Presidential election
in the year 2004.
To this end, I have filed my comprehensive election reform bill, S.
565, the Dodd-Conyers bill, as an amendment to the Defense Department
authorization act. The Rules Committee ordered this measure reported on
August 2 by a vote of 10-0. The Dodd-Conyers bill--the Equal Protection
Voting Rights Act of 2001--I believe, as well as 51 of my colleagues,
is the strongest and most comprehensive election reform proposal that
has been introduced in Congress today. For that reason, it enjoys more
support than any other election reform bill in both Houses. Some 211
Democrat and Republican and independent Members of Congress support
this legislation.
Let me briefly describe once again to my colleagues what this bill
will do. In fact, it is completely consistent with the provisions
contained in this DOD authorization bill for the men and women in
uniform.
Specifically, the Dodd-Conyers bill creates a temporary commission to
study election reform issues and then submit a report of
recommendations in those areas.
It creates a grant program to States and localities for Federal funds
to acquire updating voting systems and technology, improve voting
registration systems, and educate voters and poll workers.
Lastly, it establishes three minimum Federal requirements for
elections for Federal office, effective year 2004, with authorization
for appropriations to pay for these requirements.
These three requirements are:
No. 1, Federal standards for voting systems, machines and technology;
No. 2, provisional voting; and
No. 3, distribution of sample ballots and voting instructions.
These three areas are not radical ideas for Federal requirements. The
Federal standards for voting machines do not dictate what specific
voting machine ought to be used by States and localities. How people
vote in Virginia, South Carolina, Connecticut, or Michigan ought to be
up to what local people want to do; which machine; which system they
want to have in place. We don't decide that at the Federal level. We do
not use the approach of ``one size fits all''. On the contrary, in my
bill States are merely required to adopt the Federal standards for
voting systems and equipment governed by the Federal Election
Commission. At this time, over 36 States have voluntarily adopted these
VSS standards. Those standards do not require specific machines or
software but rather specific functionality and performance. For
example, voting systems must have some error notification functions, be
accessible to disabled voters, and have a capacity for audit trail to
avoid fraud. Those basic requirements are not terribly complicated. I
don't think that is a radical idea in the 21st century.
When you are voting for the Presidency of the United States, and when
[[Page S9964]]
you are voting for the national assembly, how people vote in one
jurisdiction affects the votes of others in other jurisdictions. You
are not just voting for a local office. If you get it wrong in
Connecticut when voting for the President, then voters in South
Carolina have their vote diluted because the outcome could affect how
they cast their ballots from South Carolina.
In Presidential elections, a national Congress having minimum Federal
Standard that applies to all 50 States is absolutely required.
Otherwise, you lend yourself to be open to the probability that in
local areas where voters may not be allowed to vote, or the votes can't
be counted, the overall outcome is affected. That dilutes the rights of
other voters in other jurisdictions who have done it right and is a
violation of the ``one person, one vote'' principle. This is not a
radical idea.
The second requirement is provisional voting. Again, this is not a
radical idea. Many jurisdictions already do it.
Very simply, someone shows up to vote. They claim they have
registered to vote. They have filled out all the paperwork. And, for
whatever reason, the person sitting in that precinct says: I am sorry,
we don't have your name on the voter registration lists or there is a
challenge for some other reason. We don't think you are registered to
vote. At that point, you become a provisional voter. You allow that
person to cast their ballot. Like an absentee ballot, you set it aside
and allow that process to go forward. The person casts their ballot,
the ballot is set aside, and at the end of the process, you go back and
determine whether or not the voter was an eligible voter and otherwise
entitled to cast a vote and have that vote counted. If the voter was
right, you cast the ballot. If the voter was wrong, you don't cast the
ballot.
This is not terribly complicated. I think, depending on the
definition of ``provisional ballot'' process used, all jurisdictions
already have some form of ``provision balloting''. Again, it allows
people who believe they have voted--in many cases properly registered--
to then actually cast their ballot and have that vote counted.
Thirdly, the distribution of sample ballots and voting instructions:
Thus far, every jurisdiction has sample ballots, the issue is how and
whether those sample ballots are distributed. Because of the many
different factors that influence ballots, such as constitutional
amendments or referendums, it can be costly and labor intensive to
print and distribute such sample ballots.
Today, having people take a look at sample ballots before you
actually go in to vote just might facilitate the process, raise the
level of awareness, and give people a chance to become more familiar
with what is on the ballot. It is a value.
Those are all three of the requirements. The big battle is over
whether or not they ought to be voluntary or mandated.
In the DOD bill, we said when it comes to uniformed services, this is
not a choice you have, it is mandated. If this bill is adopted, we will
mandate that every jurisdiction in America--whether you like it or
not--is going to see to it that men and women in uniform have the right
to vote and their vote counted.
It is not a great leap to say if it is good for uniformed services
voters, it is also good to mandate the three basic minimum Federal
requirements for all eligible voters, particularly when you are talking
about elections of the Presidency and the National Congress?
I am not going to offer this larger provision on this bill. We have
already incorporated in committee the minimum voting requirements for
men and women in uniform. I strongly support what the committee has
done. But I do want to raise the issue.
I know in the midst of everything else that is going on, it is not
terribly likely--although it may become likely if the session runs
longer than some anticipate--to actually bring up the election reform
bill.
I cannot think of anything we could do that would express our sense
of unity as Americans--I guess memories may fade a little bit, and
obviously the events of September 11 are so huge that many people may
have forgotten the amount of time and attention the Nation took last
year--almost a year ago--on November 7th with the national election. In
the weeks that went by before we resolved what occurred, night after
night we watched what happened in the State of Florida, because that
State happened to be the pivotal one. I quickly point out the problems
existed in almost every State. And in some States, Georgia and Illinois
for example, the problems were much more significant than the problems
in Florida, we now know.
But I think we ought to go back and remind ourselves of what occurred
and how disappointed we were, as Americans, to see a voting system that
had fallen into such disrepair. We were lecturing the rest of the world
on how to vote. We had sent teams all over the globe, going to Third
World countries, to show them how we do it in America. Well, now the
world has gotten a good view of how we did it in America. Frankly, we
were not terribly impressed nor was the world.
So I cannot think of a better message we could give to terrorists,
and others who want to destabilize our country, than that we are going
to get our voting system right, that we are going to come together, as
Democrats and Republicans, and fashion a system that makes us all
proud. My hope is that will happen.
As some may know, I have had discussions with my good friend from
Missouri, Senator Kit Bond, who has some very strong ideas on how we
could minimize voter fraud in this country. And it is a problem. He
said something that I think is true, that we ought to have as sort of a
slogan on this bill that it ought to be easy to vote and very difficult
to commit fraud. And today it is hard to vote and maybe pretty easy to
commit fraud. We need to reverse that trend.
So I am hopeful he and I can work out some proposal that we can
present to the entire body here, possibly before we end this session of
Congress. What a tremendous message we could send, that we are
improving the voting process in this country. These requirements that I
have laid out and talked about have already been adopted by many
States.
The Voting systems standards have been voluntarily adopted by over 36
States. As I mentioned earlier, provisional voting, or some aspect of a
provisional balloting procedure, has also been adopted in every State
and the District of Columbia by statues. For example, 20 States have
provisional balloting statutes, 12 States contain some aspect of the
provisional process, not all of them and about 18 States have no
provisional ballot statutes but contain some related provisions, such
as same-day voter registration.
The third requirement is sample ballot distribution and voting
instructions. It is fairly straightforward. My best information
indicates that at this time all States and the District of Columbia
have laws providing for some form of sample ballots. However, how these
sample ballots are distributed appears to vary quite significantly from
State to State.
I will not go into all the details here. I don't want to take the
time of my colleagues. Suffice it to say that the committee deserves a
great deal of credit for what they have done for our men and women in
uniform. The Federal mandate ought to substantially minimize the
problems that occurred a year ago across the nation for our men and
women in uniform serving overseas when they want to cast votes and have
their votes counted.
My hope is we can complete the process now by providing comprehensive
election reform for every eligible American voter who desires to cast a
vote and have that vote counted, just as we provide for our men and
women in uniform. The men and women in uniform will be the first to
tell you they do not want to be treated differently in that regard.
They are citizens of the country. They are citizen soldiers, but
citizens. And the right to vote and have your vote counted ought to be
a right that is guaranteed to every eligible U.S. citizen who meets the
requirements, regardless of race, ethnicity, disability, the language
they speak, or the resources of the community they live in, whether
abroad or in the United States.
So my hope is that in the midst of all the other things we are going
to do to make our country stronger, to make it more secure, to protect
our airports, to
[[Page S9965]]
protect our buildings, to protect our people from the threats of
terrorist attack, the one thing we might also try to do in the midst of
all of this is to make our elections process stronger and prove that
our democracy is strong.
It has been pointed out--I mentioned it earlier today--the tremendous
heroic achievements of the passengers on the flight that crashed in
Pennsylvania. Many of us believe that plane may have very well been
headed for Washington, DC, and headed for this very building. We do not
know exactly what happened there, but it appears as though some very
heroic passengers took some very courageous action.
In fact, we do know from cell phone conversations that they did
something that ought to remain in the minds of every one of us. They,
in the midst of all of this, decided to have a vote about what to do,
according to the cell phone conversations of several spouses who heard
from their husbands.
Imagine this: Here are terrorists on a plane who are about to crash
this plane--maybe into this very building, or some other facility;
symbols of our democracy, our freedom, and our rights--and the
passengers on that doomed aircraft decided to cast a ballot about what
to do.
Mr. President, I would like to see us be able to cast our ballots as
far as the eye can see in the future of this country, and to see that
this process is strengthened, that every citizen, race, ethnicity,
disability, the language they speak, the resources of the community in
which they live, can have an equal opportunity to cast a vote and an
equal opportunity to have that vote counted.
I cannot think of a better message that we could send, beyond the
things we are doing already, to those who are hiding in the shadows of
the world tonight, possibly planning some form of terrorist attack,
disregarding basic rights of people, than to say that in the target of
your hostility, in a place called America, people have an equal
opportunity to cast a vote and have those votes counted. We are going
to make it stronger in the coming days and weeks, not weaker.
So I commend, again, the committee for their efforts. I further look
forward to the opportunity when we can bring up a comprehensive
election reform bill to right the wrongs and concerns that I think all
of us agree occurred in last year's national elections. What better
message can we send to the caves of Afghanistan, or wherever these
people may be residing--they may be watching this debate--than that you
may try, over and over again, to do everything to destabilize this
country, but the people who cast their ballots on that plane that
crashed in Pennsylvania are a reflection of who we are as a people. You
will never deny us the right to vote and the right to choose our
leaders democratically. I think the bill that John Conyers and I have
offered in the House and the Senate, with some 51 cosponsors in this
Chamber, goes a long way to achieving that desired result.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I ask unanimous consent to speak as in
morning business for 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Missouri is recognized.
(The remarks of Mr. BOND pertaining to the introduction of S. 1479
are located in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. BOND. I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Carper). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEVIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Carnahan). Without objection, it is so
ordered.
Amendments Nos. 1809 through 1820, En Bloc
Mr. LEVIN. Madam President, I ask unanimous consent that it be in
order now to send 12 amendments to the desk and that they be considered
en bloc. I understand these amendments have now been cleared by the
other side.
The PRESIDING OFFICER. Is there objection?
Mr. WARNER. Madam President, the amendments have been cleared on this
side.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEVIN. I urge the Senate adopt these 12 amendments.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Michigan [Mr. Levin] proposes amendments
numbered 1809 through 1820, en bloc.
The amendments are as follows:
AMENDMENT NO. 1809
(Purpose: To authorize, with an offset, an additional $6,500,000 for
research, development, test, and evaluation Defense-wide, with
$5,000,000 allocated for the Big Crow Program and $1,500,000 allocated
for the Defense Systems Evaluation program)
At the end of subtitle B of title II, add the following:
SEC. 215. BIG CROW PROGRAM AND DEFENSE SYSTEMS EVALUATION
PROGRAM.
(a) Increase in Authorization of Appropriations for
Research, Development, Test, and Evaluation, Defense-Wide.--
The amount authorized to be appropriated by section 201(4)
for research, development, test, and evaluation, Defense-
wide, is hereby increased by $6,500,000, with the amount of
the increase to be available for operational test and
evaluation (PE605118D).
(b) Availability of Funds.--Of the amount authorized to be
appropriated by section 201(4), as increased by subsection
(a)--
(1) $5,000,000 may be available for the Big Crow program;
and
(2) $1,500,000 may be available for the Defense Systems
Evaluation (DSE) program.
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $6,500,000.
____
AMENDMENT NO. 1810
(Purpose: Authorization.--$2,500,000 is authorized for appropriations
in section 201(1), in PE62303A214 for Enhanced Scramjet Mixing)
At the appropriate place in the bill, add the following:
SEC. 201(1). AUTHORIZATION OF ADDITIONAL FUNDS.
Authorization.--The amount authorized to be appropriated in
section 201(1) is increased by $2,500,000 in PE62303A214 for
Enhanced Scramjet Mixing.
Offset.--The amount authorized to be appropriated by
section 301(5) is reduced by $2,500,000.
____
AMENDMENT NO. 1811
(Purpose: To authorize, with an offset, $2,800,000 for the Special
Operations Forces Command, Control, Communications, Computers, and
Intelligence Systems Threat Warning and Situational Awareness
(PRIVATEER) program)
At the end of subtitle A of title II, add the following:
SEC. 203. FUNDING FOR SPECIAL OPERATIONS FORCES COMMAND,
CONTROL, COMMUNICATIONS, COMPUTERS, AND
INTELLIGENCE SYSTEMS THREAT WARNING AND
SITUATIONAL AWARENESS PROGRAM.
(a) Increased Authorization of Appropriations for Research,
Development, Test, and Evaluation, Defense-Wide.--The amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation, Defense-wide, is hereby
increased by $2,800,000.
(b) Availability.--Of the amount authorized to be
appropriated by section 201(4), as increased by subsection
(a), $2,800,000 may be available for the Special Operations
Forces Command, Control, Communications, Computers, and
Intelligence Systems Threat Warning and Situational Awareness
(PRIVATEER) program (PE1160405BB).
(c) Offset.--The amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities is hereby reduced by $2,800,000.
____
Amendment No. 1812
(Purpose: To set aside funds for the critical infrastructure protection
initiative of the Navy)
On page 65, after line 24, insert the following:
SEC. 335. CRITICAL INFRASTRUCTURE PROTECTION INITIATIVE OF
THE NAVY.
Of the amount authorized to be appropriated by section
301(2), $6,000,000 may be available for the critical
infrastructure protection initiative of the Navy.
____
Amendment No. 1813
At the appropriate place, insert:
Study and Plan.--
(a) With the submission of the fiscal year 2003 budget
request, the Secretary of Defense shall provide to the
congressional defense
[[Page S9966]]
committees a report and the Secretary's recommendations on
options for providing the helicopter support missions for the
ICBM wings at Minot AFB, North Dakota; Malmstrom AFB,
Montana; and F.E. Warren AFB, Wyoming, for as long as these
missions are required.
(b) Options to be reviewed include:
(1) the Air Force's current plan for replacement or
modernization of UH-1N helicopters currently flown by the Air
Force at the missile wings;
(2) replacement of the UH-1N helicopters currently flown by
the Air Force with UH-60 Black Hawk helicopters, the UH-1Y,
or another platform;
(3) replacement of UH-1N helicopters with UH-60 helicopters
and transition of the mission to the Army National Guard, as
detailed in a November 2000 Air Force Space Command/Army
National Guard plan, ``ARNG Helicopter Support to Air Force
Space Command;''
(4) replacement of UH-1N helicopters with UH-60 helicopters
or another platform, and establishment of composite units
combining active duty Air Force and Army National Guard
personnel; and,
(5) other options as the Secretary deems appropriate.
(c) Factors to be considered in this analysis include:
(1) any implications of transferring the helicopter support
missions on the command and control of and responsibility for
missile field force protection;
(2) current and future operational requirements, and the
capabilities of the UH-1N, the UH-60 or other aircraft to
meet them;
(3) cost, with particular attention to opportunities to
realize efficiencies over the long run;
(4) implications for personnel training and retention; and,
(5) evaluation of the assumptions used in the plan
specified in (b)(3) above.
(d) The Secretary shall consider carefully the views of the
Secretary of the Army, Secretary of the Air Force, Commander
in Chief of the United States Strategic Command, and the
Chief of the National Guard Bureau.
____
AMENDMENT NO. 1814
(Purpose: To require a report on health and disability benefits for
pre-accession training and education programs)
On page 171, between lines 2 and 3, insert the following:
SEC. 589. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PRE-
ACCESSION TRAINING AND EDUCATION PROGRAMS.
(a) Study.--The Secretary of Defense shall conduct a review
of the health and disability benefit programs available to
recruits and officer candidates engaged in training,
education, or other types of programs while not yet on active
duty and to cadets and midshipmen attending the service
academies. The review shall be conducted with the
participation of the Secretaries of the military departments.
(b) Report.--Not later than March 1, 2002, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the findings of the review. The
report shall include the following with respect to persons
described in subsection (a):
(1) A statement of the process and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide health
care and disability benefits to all such persons injured in
training, education, or other types of programs conducted by
the Secretary of a military department.
(2) Information on the total number of cases of such
persons requiring health care and disability benefits and the
total number of cases and average value of health care and
disability benefits provided under the authority for each
source of benefits available to those persons.
(3) A discussion of the issues regarding health and
disability benefits for such persons that are encountered by
the Secretary during the review, to include discussions with
individuals who have received those benefits.
(4) A statement of the processes and detailed procedures
followed by each of the Armed Forces under the jurisdiction
of the Secretary of a military department to provide recruits
and officer candidates with succinct information on the
eligibility requirements (including information on when they
become eligible) for health care benefits under the Defense
health care program, and the nature and availability of the
benefits under the program.
(5) A discussion of the necessity for legislative changes
and specific legislative proposals needed to improve the
benefits provided those persons.
____
AMENDMENT NO. 1815
At the appropriate place, insert:
The Senate finds that a national tragedy occurred on
September 11, 2001, whereby enemies of freedom and democracy
attacked the United States of America and injured or killed
thousands of innocent victims;
The Senate finds that the perpetrators of these
reprehensible attacks destroyed brick and mortar buildings,
but the American spirit and the American people have become
stronger as they have united in defense of their country;
The Senate finds that the American people have responded
with incredible acts of heroism, kindness, and generosity;
The Senate finds that the outpouring of volunteers, blood
donors, and contributions of food and money demonstrates that
America will unite to provide relief to the victims of these
cowardly terrorist acts;
The Senate finds that the American people stand together to
resist all attempts to steal their freedom; and
Whereas united, Americans will be victorious over their
enemies, whether known or unknown: Now, therefore, it is the
sense of the Senate that--
(1) the Secretary of the Treasury should--
(A) immediately issue savings bonds, to be designated as
``Unity Bonds''; and
(B) report quarterly to Congress on the revenue raised from
the sale of Unity Bonds; and
(2) the proceeds from the sale of Unity Bonds should be
directed to the purposes of rebuilding America and fighting
the war on terrorism.
____
amendment no. 1816
At the appropriate place, insert:
SEC. . PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR
DEPARTMENT OF DEFENSE PENTAGON RESERVATION
CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE.
Section 2674(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before the text in the first
paragraph of that subsection;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and
(3) by adding at the end the following new paragraph:
``(2) For positions whose permanent duty station is the
Pentagon Reservation, the Secretary, in his role and
exclusive discretion, may--
``(A) without regard to the pay provisions of title 5, fix
the rates of basic pay for such positions occupied by
civilian law enforcement and security personnel appointed
under the authority of this section so as to place such
personnel on a comparable basis with other similar federal
law enforcement and security organizations within the
vicinity of the Pentagon Reservation, not to exceed basic pay
for personnel performing similar duties in the Uniformed
Division of the Secret Service or the Park Police.
____
AMENDMENT NO. 1817
(Purpose: To further improve benefits under the TRICARE program)
On page 222, line 17, and after ``include comprehensive
health care,'' insert the following ``including services
necessary to maintain function, or to minimize or prevent
deterioration of function, of the patient,''
On page 226, strike line 15, and insert the following:
SEC. 706. PROSTHETICS AND HEARING AIDS.
Section 1077 of title 10 United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(16) A hearing aid, but only for a dependent of a member
of the uniformed services on active duty and only if the
dependent has a profound hearing loss, as determined under
standards prescribed in regulations by the Secretary of
Defense in consultation with the administering
Secretaries.'';
(2) in subsection (b)(2), by striking ``Hearing aids,
orthopedic footwear,'' and inserting ``Orthopedic footwear'';
and
(3) by adding at the end the following new subsection:
``(f)(1) Authority to provide a prosthetic device under
subsection (a)(15) includes authority to provide the
following:
``(A) Any accessory or item of supply that is used in
conjunction with the device for the purpose of achieving
therapeutic benefit and proper functioning.
``(B) Services necessary to train the recipient of the
device in the use of the device.
``(C) Repair of the device for normal wear and tear or
damage.
``(D) Replacement of the device if the device is lost or
irreparably damaged or the cost of repair would exceed 60
percent of the cost of replacement.
``(2) An augmentative communication device may be provided
as a voice prosthesis under subsection (a)(15).
``(3) A prosthetic device customized for a patient may be
provided under this section only by a prosthetic practitioner
who is qualified to customize the device, as determined under
regulations prescribed by the Secretary of Defense in
consultation with the administering Secretaries.''.
SEC. 707. DURABLE MEDICAL EQUIPMENT.
(a) Items Authorized.--Section 1077 of title 10, United
States Code, as amended by section 706, is further amended--
(1) in subsection (a)(12), by striking ``such as
wheelchairs, iron lungs, and hospital beds,'' and inserting
``which''; and
(2) by adding at the end the following new subsection:
``(g)(1) Items that may be provided to a patient under
subsection (a)(12) include the following:
``(A) Any durable medical equipment that can improve,
restore, or maintain the function of a malformed, diseased,
or injured body part, or can otherwise minimize or prevent
the deterioration of the patient's function or condition.
``(B) Any durable medical equipment that can maximize the
patient's function consistent with the patient's
physiological or medical needs.
[[Page S9967]]
``(C) Wheelchairs.
``(D) Iron lungs,
``(E) Hospital beds.
``(2) In addition to the authority to provide durable
medical equipment under subsection (a)(12), any customization
of equipment owned by the patient that is durable medical
equipment authorized to be provided to the patient under this
section or section 1079(a)(5) of this title, and any
accessory or item of supply for any such equipment, may be
provided to the patient if the customization, accessory, or
item of supply is essential for--
``(A) achieving therapeutic benefit for the patient;
``(B) making the equipment serviceable; or
``(C) otherwise assuring the proper functioning of the
equipment.''.
(b) Provision of Items on Rental Basis.--Paragraph (5) of
section 1079(a) of such title is amended to read as follows:
``(5) Durable equipment provided under this section may be
provided on a rental basis.''.
SEC. 708. REHABILITATIVE THERAPY.
Section 1077(a) of title 10, United States Code, as amended
by section 706(1), is further amended by inserting after
paragraph (16) the following new paragraph:
``(17) Any rehabilitative therapy to improve, restore, or
maintain function, or to minimize or prevent deterioration of
function, of a patient when prescribed by a physician.''.
SEC. 709. MENTAL HEALTH BENEFITS.
(a) Requirement for Study.--The Secretary of Defense shall
carry out a study to determine the adequacy of the scope and
availability of outpatient mental health benefits provided
for members of the Armed Forces and covered beneficiaries
under the TRICARE program.
(b) Report.--Not later than March 31, 2002, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
study, including the conclusions and any recommendations for
legislation that the Secretary considers appropriate.
SEC. 710. EFFECTIVE DATE.
____
amendment no. 1818
(Purpose: To amend Title 5 of the United States Code to authorize
payment of hostile fire pay to civilian employees of the federal
government under certain conditions)
SEC. . HOSTILE FIRE OR IMMINENT DANGER PAY
(a) In General.--Chapter 59, Subchapter IV of title 5,
United States Code, is amended by adding at the end the
following new section:
``Sec. 5949 Hostile fire or imminent danger pay
``(a) The head of an Executive agency may pay an employee
special pay at the rate of $150 for any month in which the
employee, while on duty in the United States--
``(1) was subject to hostile fire or explosion of hostile
mines;
``(2) was in an area of the Pentagon in which the employee
was in imminent danger of being exposed to hostile fire or
explosion of hostile mines and in which, during the period on
duty in that area, other employees were subject to hostile
fire or explosion of hostile mines;
``(3) was killed, injured, or wounded by hostile fire,
explosion of a hostile mine, or any other hostile action; or
``(4) was in an area of the Pentagon in which the employee
was subject to the threat of physical harm or imminent danger
on the basis of civil insurrection, civil war, terrorism, or
wartime conditions.
``(b) An employee covered by subsection (a)(3) who is
hospitalized for the treatment of his injury or wound may be
paid special pay under this section for not more than three
additional months during which the employee is so
hospitalized.
``(c) For the purpose of this section, ``United States''
means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and the territories and possessions of the
United States.
``(d) An employee may be paid special pay under this
section in addition to other pay and allowances to which
entitled. Payments under this section may not be considered
to be part of basic pay of an employee.''.
(b) Technical Amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by inserting
at the end the following new item:
``Sec. 5949 Hostile fire or imminent danger pay.''.
(c) Effective Date.--This provision is effective as if
enacted into law on September 11, 2001, and may be applied to
any hostile action that took place on that date or
thereafter.
____
amendment no. 1819
(Purpose: To provide family support benefits for the families of
members of the Armed Forces involved in national emergency operations
of the Armed Forces)
At the end of title VI, add the following:
Subtitle F--National Emergency Family Support
SEC. 681. CHILD CARE AND YOUTH ASSISTANCE.
(a) Authority.--The Secretary of Defense may provide
assistance for families of members of the Armed Forces
serving on active duty during fiscal year 2002, in order to
ensure that the children of such families obtain needed child
care and youth services.
(b) Appropriate Primary Objective.--The assistance
authorized by this section should be directed primarily
toward providing needed family support, including child care
and youth services for children of such personnel who are
deployed, assigned, or ordered to active duty in connection
with operations of the Armed Forces under the national
emergency.
SEC. 682. FAMILY EDUCATION AND SUPPORT SERVICES.
During fiscal year 2002, the Secretary of Defense is
authorized to provide family education and support services
to families of members of the Armed Services to the same
extent that these services were provided during the Persian
Gulf war.
____
AMENDMENT NO. 1820
(Purpose: To authorize the Secretary of Transportation, in consultation
with the Secretary of Defense, to waive, or limit the application of,
vehicle weight limits applicable to a route on the Interstate System in
the State of Maine during a period of national emergency)
On page 363, after line 25, add the following:
SEC. 1066. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF
NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
``(h) Waiver for a Route in State of Maine During Periods
of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary, in consultation with the
Secretary of Defense, may waive or limit the application of
any vehicle weight limit established under this section with
respect to the portion of Interstate Route 95 in the State of
Maine between Augusta and Bangor for the purpose of making
bulk shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of national
emergency in order to respond to the effects of the national
emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.
Amendment No. 1809
Mr. BINGAMAN. Madam President, I am introducing this amendment with
Senator Domenici to S. 1438, the fiscal year 2002 National Defense
Authorization Act, to provide funds badly needed for two vital test
support activities in the Department of Defense, DoD. The Big Crow
program provides DoD with highly sophisticated airborne electronic
warfare capabilities that enable us to test our newest weapon systems
and technologies in a realistic battle environment in which electronic
warfare is likely to be used. The system can also be used operationally
if a requirement suddenly occurs. The Defense Systems Evaluation, DSE,
program provides aircraft to replicate enemy and friendly aircraft in
testing Army air defense programs and technology. Both of these
programs provide vital test support assets used by all the military
services. Unfortunately, it is typical for programs that provide cross-
service support to be inadequately funded by their parent service
organization. This year's President's budget request did not seek any
funding for these programs, perhaps relying on the Congress, once
again, to provide the emergency funds needed to keep them operating.
Thus we find ourselves again this year, seeking the funding needed
for these two programs in order for them to continue to provide vital
test support activities for all of the military services. The
amendment, which Senator Domenici and I offer, will provide the minimum
necessary funding to enable Big Crow and DSE to operate during fiscal
year 2002.
There are other test support programs in the DoD that suffer the same
circumstance as the two for which I am seeking funding. They refer to
them in the Pentagon as ``the orphans.'' The Defense Science Board,
DSB, recently completed a review of operational testing and evaluation
in the Department of Defense and published a report containing a number
of significant recommendations about how to improve that process to
make it more effective and efficient. The DSB recommended that DoD seek
ways to encourage and implement joint service testing. Among their
recommendations, the DSB endorsed budget oversight responsibility for
orphan programs such as Big Crow and DSE to the Director, Operational
Test and Evaluation in the Office of the Secretary of Defense. Actual
test and evaluation activities would remain the province of the
military services.
This year's Defense authorization bill reported out by the Armed
Services
[[Page S9968]]
Committee contains a provision requesting the Secretary of Defense to
review the DSB report and to submit recommendations regarding its
implementation with the budget request submission for fiscal year 2003.
I am hopeful that the Secretary will endorse the DSB findings so that
the Department will finally exercise appropriate oversight and support
for cross-service test activities. In the meantime, the amendment I am
introducing is necessary to keep those essential test activities
underway. I urge my colleagues to support its adoption.
The PRESIDING OFFICER. The question is on agreeing to amendments Nos.
1809 through 1820, en bloc.
The amendments (Nos. 1809 through 1820) were agreed to.
Mr. LEVIN. I move to reconsider the vote.
Mr. WARNER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEVIN. Madam President, we had hoped and expected there was going
to be an additional amendment of Senator Hollings to which Senator
Warner and I had agreed, but there was a last minute objection, I
believe, on the Republican side. We will try to do the best we can on
that in the morning.
Mr. WARNER. Madam President, the chairman is correct. We believed we
had it worked out, and at the last minute there was an objection on
this side.
____________________