[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

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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.

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