[Congressional Record Volume 147, Number 136 (Thursday, October 11, 2001)]
[Senate]
[Pages S10641-S10653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HOLLINGS (for himself, Mr. Biden, Mr. Breaux, Mr. Cleland, 
        Mr. Schumer, Mr. Kerry, Mr. Rockefeller, Mr. Carper, Mr. 
        Jeffords, and Mr. Durbin):
  S. 1530. A bill to provide improved safety and security measures for 
rail transportation, provide for improved passenger rail service, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. HOLLINGS. Mr. President, one month ago today, the United States 
was attacked by terrorists who hijacked airplanes and used them as 
weapons against the World Trade Center, Pentagon and another unknown 
target which was crashed into a field in Pennsylvania. After the 
Federal Aviation Administration grounded the airlines following the 
terrorist attacks, travelers flocked to Amtrak. Whether people had to 
travel for business, to help with rescue efforts, or just to get home, 
Amtrak kept our American citizens moving during a time of national 
emergency.
  The situation not only proved that Amtrak works, but that Amtrak is a 
critical part of our transportation infrastructure during a national 
emergency. Now that airlines have reduced their flights on the East 
Coast and throughout the country, more of the passenger burden has 
fallen on Amtrak, which carries 35,000 passengers along the Northeast 
Corridor everyday. Even the U.S. Postal Office carried 237 extra 
carloads of mail in the days following the terrorist attacks.
  Today I am introducing the Railroad Advancement and Infrastructure 
Law of the 21st Century, or RAIL-21. In the short run, this bill will 
provide emergency security assistance to Amtrak, a key part of our 
national transportation infrastructure. In the long run, this bill will 
spark the building of important high-speed rail infrastructure in high-
volume corridors across the United States, reducing our dependence on 
air and highway travel.
  In light of the events of September 11, it is important to look at 
the entire transportation system. Transportation security requires a 
balanced and competitive system of transportation alternatives. Three 
weeks ago we found out that our dependence on the aviation system 
almost crippled us. We cannot be overly reliant on any single mode of 
transportation; we need to ensure that we have a balanced system.
  Today we are trying to pass the airline security bill to make airline 
passengers feel safe so they will fly again. We need to make passengers 
feel just as safe when they travel by train. And we need to make sure 
we have transportation alternatives.
  To address Amtrak's immediate concerns, the bill would authorize $3.2 
billion in emergency spending for Amtrak's security and capacity needs. 
The money will pay for more police, surveillance, fencing and lighting 
at the train stations and train yards; life-safety improvements and 
more fire-fighting capacity for tunnels in New York, Baltimore and 
Washington, D.C.;

[[Page S10642]]

and more passenger cars and capacity improvements to meet the growing 
demand for train service.
  RAIL-21 would reauthorize Amtrak for one year with $1.2 billion for 
capital and operating expenses. The bill would allow Amtrak to continue 
its GSA vehicle lease agreements and would suspend Amtrak's redemption 
requirements for common stock until the end of FY2004.

  Additionally, the bill would remove the operational self-sufficiency 
requirement passed three years ago. Let me talk about that for a 
moment. There is no truly national passenger train service in the world 
that makes a profit. Requiring Amtrak to do so has forced the railroad 
to short-change critical infrastructure investments in order to meet a 
questionable economic model. We must free Amtrak from this requirement 
so they can go back to running a passenger railroad with modern and 
safe equipment, not juggling bond payments and taking out mortgages on 
Penn Station just to meet an impossible self-sufficiency deadline.
  Nations invest in passenger rail service because it increases the 
opportunities to travel and thus a Nation's quality of life. Rail 
service also reduces car congestion and pollution. And we saw last 
month that, during a national emergency, having a viable, operating 
national train system can be a strategic asset.
  Kenneth Mead, the Inspector General for the Department of 
Transportation, has said the drive for self-sufficiency has forced 
Amtrak to spend money on quick projects that improve the short-term 
bottom line while cutting back on maintenance and investments.
  Those who want Amtrak to operate without Federal assistance, 
ultimately forcing the railroad's passengers onto cars, buses and 
airplanes, always cry that we should not ``subsidize'' Amtrak. But we 
subsidize the building of roads and highways with tax dollars. We 
subsidize the building of airports and pay flight controllers with tax 
dollars. We consider those subsidies to be worthwhile investments in 
our economy and our quality of life. We must make the same investment 
that other countries make it passenger rail service.
  While that argument should stand on its own, here's something the 
highway and airplane crowd can take to the bank: moving more short-haul 
travelers to rail service reduces congestion on our already overcrowded 
highways and eases congestion at airports, allowing airlines to focus 
on more-profitable, long-distance routes. Investing in passenger rail 
improves conditions for highway and airport users at a fraction of the 
cost per mile traveled.
  According to some experts, Amtrak has reduced air traffic congestion 
out of Philadelphia's airport by 50 flights a day. Rail service between 
New York and Washington carries enough passengers to fill 121 airline 
flights per day. Now, with reduced flights out of East Coast airports, 
it makes more sense to look at Amtrak not only as a transportation 
alternative, but as a transportation mainstay for regional corridors 
all over the U.S.
  Amtrak has been severely under-capitalized since its inception in 
1971. We would not be talking about many of these problems with Amtrak 
if it had been given the proper seed money for capital and annual 
funding from the very beginning.
  And that leads me to the second part of this bill, in which we look 
to passenger rail's long-term future. The passenger railroad system 
that has worked on the Northeast Coast can work in other high-
congestion areas of the country: the South, the Midwest, California and 
the Northwest.
  Thirty years ago, those areas did not have the population to support 
high-speed intercity rail. But today those areas are growing by leaps 
and bounds. As the highways in those areas clog up and the planes run 
three hours late, their governors, many of them Republicans, are asking 
us for help to build high speed rail.
  RAIL-21 authorizes $35 billion in direct loans and loan guarantees 
for passenger rail, freight rail, and rail security enhancements. The 
criteria for these loans will replace language contained three years 
ago in TEA-21.
  TEA-21 directed the Department of Transportation to establish a 
program to replace the old Title V loan guarantee program which was 
used to build, rehabilitate or upgrade primarily short line railroads. 
On September 5, 2000, the DOT issued a final rule on the Railroad 
Rehabilitation and improvement Financing Program (RRIF) to provide 
direct loans and loan guarantees to State and local governments, 
government sponsored authorities and corporations, railroads, and joint 
ventures that include at least one railroad.
  Eligible projects for RRIF include: 1. acquisition, improvement or 
rehabilitation of intermodal or rail equipment of facilities (including 
tracks, components of tracks, bridges, yards, buildings, and shops), 2. 
the refinancing of outstanding debt incurred for these purposes; 3. 
development or establishment of new intermodal or railroad facilities, 
4. and security purposes.
  RAIL-21 eliminates much of the bureaucratic red tape that has delayed 
any TEA-21 loans or loan guarantees from being issued.
  Under RAIL-21, Class 1 railroads, regional railroads, short lines, 
and passenger projects would be eligible for loans and loan guarantees. 
The bill would set aside $7 billion of the loans and loan guarantees 
for short lines.
  RAIL-21 also establishes a $350 million grant program for 
rehabilitating, preserving or improving railroad tracks for regional 
and short line railroads. Short line railroads have saved tens of 
thousands of miles of light density rail line from abandonment. In 
1980, there were 220 short line railroads in the U.S. Today there are 
over 500 short line railroads, due in part to the mergers and 
streamlining of Class I operations which encouraged the larger 
companies to sell off their little-used or abandoned branch lines. 
Short line and regional railroads are an important and growing 
component of the railroad industry. Today they operate and maintain 29 
percent of the American railroad industry's route mileage and account 
for 9 percent of the rail industry's freight revenue and 11 percent of 
railroad employment.
  These line railroads employ approximately 25,000 workers, serve 
thousands of local and rural shippers, and are often the only 
connection these shippers have to the national rail network. To 
survive, this infrastructure needs to be upgraded in order to move the 
heavier cars that are currently being moved by the Class I railroads. 
The revenues of the smaller railroads are not sufficient to get the job 
done.
  Since 1982, the short lines and regional railroads have maintained 
the track in rural areas where rail service would have been abandoned 
by the Class I railroads. Because of their relatively low traffic 
levels, the Class I railroads could not afford to invest in this 
infrastructure and, as a result, allowed these lines to slowly 
deteriorate. With a lower cost structure and more flexible service, 
short line companies that bought the track have been able to keep them 
going. However, the revenue is still not high enough to make up for 
past years of neglect.
  Today, two factors have combined to bring this situation to a head. 
First, the advent of the heavier 286,000-pound cars that are becoming 
the standard of the Class I industry require substantially higher 
investment in the track. Second, as the Class I industry puts a greater 
premium on speed and precisely scheduled operations, the short line 
railroads must meet these higher standards or be cut off from the 
national system.
  This legislation does not create a long-term program to fix this 
problem, but instead it creates a one-time fix for this problem. While 
these small railroads have enough traffic to operate profitably on an 
ongoing basis, they do not earn enough to make the large capital 
investment required by the advent of the 286,000-pound cars or the need 
to significantly increase speed. This legislation would authorize a 
program that could provide grants to the nation's smaller railroads to 
help them make the improvements needed to stay in business and continue 
to serve small shippers.
  RAIL-21 also would authorize $50 million in matching grants annually 
during FY02 through FY04: $25 million would be available for security 
and technology research and development; $25 million would be available 
for corridor planning and acquisition of rolling stock, with preference 
given to designated corridors.
  RAIL-21 identifies existing high-speed corridors for priority 
consideration. Many of these corridors are in

[[Page S10643]]

the South, Midwest and California where people are now driving cars or 
taking airplanes on trips of 200 miles or less. In these areas, like 
the East Coast, travelers could take a high-speed train instead, and 
arrive about the same time.
  But right now they don't have that option. Therefore, we have a 
problem here: They can't use it if we don't build it.
  We built high speed rail on the East Coast, and the people have used 
it. If we build rail corridors around Chicago and the Midwestern 
cities, they will use it. If we build rail lines in the South from 
Washington, D.C. through the Carolinas to Atlanta and Florida, they 
will ride it. If we build a corridor in California from San Diego to 
Sacramento, they will ride it.
  This bill does not only support Amtrak. It is intended for commuter 
rail, freight railroads, and short line operators. That's what many 
Senators, governors and constituents have asked for.
  In the long term, travel in the United States will outpace the 
ability of airports and highways to handle the volume. With the tighter 
security checks at the airports, it will be faster to make trips of 
200-300 miles by train than by air. More train travel will reduce 
congestion at our most crowded airports and our most gridlocked 
Interstate highways.
  I am pleased my colleagues have joined with me to introduce this 
bill, which we hope to move quickly. Modernizing Amtrak now will create 
jobs in the short run to stimulate our economy. And by modernizing our 
transportation infrastructure, high-speed rail corridors will play a 
key role in our long-term prosperity.
  I would ask that the text of my bill and a summary of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1530

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Advancement and 
     Infrastructure Law for the 21st Century''.

     SEC. 2. 1-YEAR EXTENSION OF AUTHORIZATION.

       (a) In General.--Section 24104(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``and'' in paragraph (4);
       (2) by striking ``2002,'' in paragraph (5) and inserting 
     ``2002; and''; and
       (3) by inserting after paragraph (5) the following:
       ``(6) $1,200,000,000 for fiscal year 2003,''.
       (b) Repeal of Self-sufficiency Requirements.
       (1) Title 49 amendments.--Chapter 241 of title 49, United 
     States Code, is amended--
       (A) by striking the last sentence of section 24101(d); and
       (B) by striking the last sentence of section 24104(a).
       (2) Amtrak reform and accountability act amendments.--Title 
     II of the Amtrak Reform and Accountability Act of 1997 (49 
     U.S.C. 24101 nt) is amended by striking sections 204 and 205.
       (3) Common stock redemption date.--Section 415 of the 
     Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24304 
     nt) is amended by striking subsection (b).
       (c) Lease arrangements.--Amtrak may obtain services from 
     the Administrator of General Services, and the Administrator 
     may provide services to Amtrak, under section 201(b) and 
     211(b) of the Federal Property and Administrative Service Act 
     of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal year 2002 
     and each fiscal year thereafter until the fiscal year that 
     Amtrak operates without Federal operating grant funds 
     appropriated for its benefit, as required by sections 
     24101(d) and 24104(a) of title 49, United States Code.

     SEC. 3. EMERGENCY AMTRAK ASSISTANCE.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation for the use of Amtrak for the 
     2-year period beginning on the date of enactment of this 
     Act--
       (1) $471,000,000 for systemwide security upgrades, 
     including hiring and training additional police officers, 
     canine-assisted security units, and surveillance equipment;
       (2) $998,000,000 to be used to complete New York tunnel 
     life safety projects and rehabilitate tunnels in Washington, 
     D.C., and Baltimore, Maryland;
       (3) $949,000,000 for bridges, track, power, and station 
     improvements to increase capacity and improve reliability of 
     rail passenger transportation in the Northeast Corridor;
       (4) $656,000,000 for equipment, including--
       (A) the overhauling and returning of 45 passenger cars and 
     5 locomotives to service,
       (B) the upgrading and overhauling of 231 passenger cars and 
     33 locomotives, and
       (C) the purchase of 10 new trainsets,
     of which sum at least 25 percent shall be used for operations 
     outside the Northeast Corridor (unless the Secretary 
     determines that demand for such operations outside the 
     Northeast Corridor is less than 25 percent); and
       (5) $77,000,000 for incremental operating costs, including 
     reservation centers, overtime compensation, and mechanical 
     terminals (net of incremental revenues).
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) shall remain available until expended.
       (c) Coordination with Existing Law.--Amounts made available 
     to Amtrak under this section shall not be considered to be 
     Federal assistance for purposes of part C of subtitle V of 
     title 49, United States Code.

     SEC. 4. REHABILITATION, IMPROVEMENT, AND SECURITY FINANCING.

       (a) Definitions.--Section 102(7) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     802(7)) is amended to read as follows:
       ``(7) `railroad' has the meaning given that term in section 
     20102 of title 49, United States Code; and''.
       (b) General Authority.--Section 502 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822) is amended--
       (1) by striking ``Secretary may provide direct loans and 
     loan guarantees to State and local governments,'' in 
     subsection (a) and inserting ``Secretary shall provide direct 
     loans and loan guarantees to State and local governments, 
     interstate compacts entered into under section 410 of the 
     Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 
     nt),'';
       (2) by striking ``or'' in subsection (b)(1)(B);
       (3) by redesignating subparagraph (C) of subsection (b)(1) 
     as subparagraph (D); and
       (4) by inserting after subparagraph (B) of subsection 
     (b)(1) the following:
       ``(C) to acquire, improve, or rehabilitate rail safety and 
     security equipment and facilities; or''.
       (c) Extent of Authority.--Section 502(d) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(d)) is amended--
       (1) by striking ``$3,500,000,000'' and inserting 
     ``$35,000,000,000'';
       (2) by striking ``$1,000,000,000'' and inserting 
     ``$7,000,000,000''; and
       (3) by adding at the end the following new sentence: ``The 
     Secretary shall not establish any limit on the proportion of 
     the unused amount authorized under this subsection that may 
     be used for 1 loan or loan guarantee.''.
       (d) Cohorts of Loans.--Section 502(f) of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822(f)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (C) by adding after subparagraph (D) the following new 
     subparagraph:
       ``(E) the size and characteristics of the cohort of which 
     the loan or loan guarantee is a member; and''; and
       (2) by adding at the end of paragraph (4) the following: 
     ``A cohort may include loans and loan guarantees. The 
     Secretary shall not establish any limit on the proportion of 
     a cohort that may be used for 1 loan or loan guarantee.''.
       (e) Conditions of Assistance.--Section 502 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     822) is amended--
       (1) in subsection (f)(2)(A), by inserting ``, if any'' 
     after ``collateral offered''; and
       (2) by adding at the end of subsection (h) the following:

     ``The Secretary shall not require an applicant for a direct 
     loan or loan guarantee under this section to provide 
     collateral. The Secretary shall not require that an applicant 
     for a direct loan or loan guarantee under this section have 
     previously sought the financial assistance requested from 
     another source. The Secretary shall require recipients of 
     direct loans or loan guarantees under this section to apply 
     the standards of section 22301(f) and (g) of title 49, United 
     States Code, to their projects.''.
       (f) Time Limit for Approval or Disapproval.--Section 502 of 
     the Railroad Revitalization and Regulatory Reform Act of 1976 
     (45 U.S.C. 822) is amended by adding at the end the following 
     new subsection:
       ``(i) Time Limit for Approval or Disapproval.--Not later 
     than 180 days after receiving a complete application for a 
     direct loan or loan guarantee under this section, the 
     Secretary shall approve or disapprove the application.''.
       (g) Fees and Charges.--Section 503 of the Railroad 
     Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
     823) is amended--
       (1) by adding at the end of subsection (k) the following: 
     ``Funds received by the Secretary under the preceding 
     sentence shall be credited to the appropriation from which 
     the expenses of making such apprasals, determinations, and 
     findings were incurred.''; and
       (2) by adding at the end the following new subsection:
       ``(l) Fees and Charges.--Except as provided in this title, 
     the Secretary may not assess any fees, including user fees, 
     or charges in connection with a direct loan or loan guarantee 
     provided under section 502.''.
       (h) Substantive Criteria and Standards.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Transportation shall publish in the Federal 
     Register and post on the Department of Transportation web 
     site the substantive criteria and standards used by the 
     Secretary to

[[Page S10644]]

     determine whether to approve or disapprove applications 
     submitted under section 502 of the Railroad Revitalization 
     and Regulatory Reform Act of 1976 (45 U.S.C. 822).

     SEC. 5. CAPITAL GRANTS FOR RAILROAD TRACK.

       (a) Amendment.--Chapter 223 of title 49, United States 
     Code, is amended to read as follows:

            ``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK

``Sec.
``22301. Capital grants for railroad track.

     ``Sec. 22301. Capital grants for railroad track

       ``(a) Establishment of Program.--
       ``(1) Establishment.--The Secretary of Transportation shall 
     establish a program of capital grants for the rehabilitation, 
     preservation, or improvement of railroad track (including 
     roadbed, bridges, and related track structures) of class II 
     and class III railroads. Such grants shall be for 
     rehabilitating, preserving, or improving track used primarily 
     for freight transportation to a standard ensuring that the 
     track can be operated safely and efficiently, including 
     grants for rehabilitating, preserving, or improving track to 
     handle 286,000 pound rail cars. Grants may be provided under 
     this chapter--
       ``(A) directly to the class II or class III railroad; or
       ``(B) with the concurrence of the class II or class III 
     railroad, to a State or local government.
       ``(2) State cooperation.--Class II and class III railroad 
     applicants for a grant under this chapter are encouraged to 
     utilize the expertise and assistance of State transportation 
     agencies in applying for and administering such grants. State 
     transportation agencies are encouraged to provide such 
     expertise and assistance to such railroads.
       ``(3) Interim regulations.--Not later than December 31, 
     2001, the Secretary shall issue temporary regulations to 
     implement the program under this section. Subchapter II of 
     chapter 5 of title 5 does not apply to a temporary regulation 
     issued under this paragraph or to an amendment to such a 
     temporary regulation.
       ``(4) Final regulations.--Not later than October 1, 2002, 
     the Secretary shall issue final regulations to implement the 
     program under this section.
       ``(b) Maximum Federal Share.--The maximum Federal share for 
     carrying out a project under this section shall be 80 percent 
     of the project cost. The non-Federal share may be provided by 
     any non-Federal source in cash, equipment, or supplies. Other 
     in-kind contributions may be approved by the Secretary on a 
     case by case basis consistent with this chapter.
       ``(c) Project Eligibility.--For a project to be eligible 
     for assistance under this section the track must have been 
     operated or owned by a class II or class III railroad as of 
     the date of the enactment of the Railroad Advancement and 
     Infrastructure Law for the 21st Century.
       ``(d) Use of Funds.--Grants provided under this section 
     shall be used to implement track capital projects as soon as 
     possible. In no event shall grant funds be contractually 
     obligated for a project later than the end of the third 
     Federal fiscal year following the year in which the grant was 
     awarded. Any funds not so obligated by the end of such fiscal 
     year shall be returned to the Secretary for reallocation.
       ``(e) Additional Purpose.--In addition to making grants for 
     projects as provided in subsection (a), the Secretary may 
     also make grants to supplement direct loans or loan 
     guarantees made under title V of the Railroad Revitalization 
     and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)), for 
     projects described in the last sentence of section 502(d) of 
     such title. Grants made under this subsection may be used, in 
     whole or in part, for paying credit risk premiums, lowering 
     rates of interest, or providing for a holiday on principal 
     payments.
       ``(f) Employee Protection.--The Secretary shall require as 
     a condition of any grant made under this section that the 
     recipient railroad provide a fair arrangement at least as 
     protective of the interests of employees who are affected by 
     the project to be funded with the grant as the terms imposed 
     under section 11326(a), as in effect on the date of the 
     enactment of the Railroad Advancement and Infrastructure Law 
     for the 21st Century.
       ``(g) Labor Standards.--
       ``(1) Prevailing wages.--The Secretary shall ensure that 
     laborers and mechanics employed by contractors and 
     subcontractors in construction work financed by a grant made 
     under this section will be paid wages not less than those 
     prevailing on similar construction in the locality, as 
     determined by the Secretary of Labor under the Act of March 
     3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et 
     seq.). The Secretary shall make a grant under this section 
     only after being assured that required labor standards will 
     be maintained on the construction work.
       ``(2) Wage rates.--Wage rates in a collective bargaining 
     agreement negotiated under the Railway Labor Act (45 U.S.C. 
     151 et seq.) are deemed for purposes of this subsection to 
     comply with the Act of March 3, 1931 (known as the Davis-
     Bacon Act; 40 U.S.C. 276a et seq.).
       ``(h) Study.--The Secretary shall conduct a study of the 
     projects carried out with grant assistance under this section 
     to determine the public interest benefits associated with the 
     light density railroad networks in the States and their 
     contribution to a multimodal transportation system. Not later 
     than March 31, 2003, the Secretary shall report to Congress 
     any recommendations the Secretary considers appropriate 
     regarding the eligibility of light density rail networks for 
     Federal infrastructure financing.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $350,000,000 for each of the fiscal years 2002 
     through 2004 for carrying out this section.''.
       (b) Conforming Amendment.--The item relating to chapter 223 
     in the table of chapters of subtitle V of title 49, United 
     States Code, is amended to read as follows:

``223. CAPITAL GRANTS FOR RAILROAD TRACK.......................22301''.

     SEC. 3. HIGH-SPEED RAIL CORRIDOR PLANNING AND DEVELOPMENT.

       (a) Corridor Planning and Development.--
       (1) Amendments.--Section 26101 of title 49, United States 
     Code, is amended--
       (A) in the section heading, by inserting ``and 
     development'' after ``planning'';
       (B) by inserting ``and Development'' in the heading of 
     subsection (a) after ``Planning'';
       (C) by inserting ``and development'' after ``corridor 
     planning'' each place it appears'';
       (D) by striking ``improvements.'' in subsection (b)(1) and 
     inserting ``improvements, or if it is an activity described 
     in subparagraph (M) or (N)'';
       (E) by striking ``and'' at the end of subparagraph (K) of 
     subsection (b)(1);
       (F) by striking ``partnerships.'' in subparagraph (L) of 
     subsection (b)(1) and inserting ``partnerships;''; and
       (G) by adding at the end of subsection (b)(1) the 
     following:
       ``(M) the acquisition of locomotives, rolling stock, track, 
     and signal equipment; and
       ``(N) security planning and the acquisition of security and 
     emergency response equipment.''; and
       (H) by inserting ``and development'' after ``planning''in 
     subsection (c)(2).
       (2) Conforming amendment.--The item relating to section 
     26101 in the table of sections of chapter 261 of title 49, 
     United States Code, is amended by inserting ``and 
     development'' after ``planning''.
       (b) Authorization of Appropriations.--Section 26104 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 26104. Authorization of appropriations

       ``(a) Fiscal Years 2002 Through 2009.--There are authorized 
     to be appropriated to the Secretary--
       ``(1) $25,000,000 for carrying out section 26101; and
       ``(2) $25,000,000 for carrying out section 26102,
     for each of the fiscal years 2002 through 2009.
       ``(b) Funds To Remain Available.--Funds made available 
     under this section shall remain available until expended.''.
       (c) Designated High-speed Rail Corridors.--The Secretary of 
     Transportation shall give priority in allocating funds 
     authorized by section 26104 of title 49, United States Code, 
     to the following High-Speed Rail Corridors:
       (1) California Corridor connecting the San Francisco Bay 
     area and Sacramento to Los Angeles and San Diego.
       (2) Chicago Hub Corridor Network with the following spokes:
       (A) Chicago to Detroit.
       (B) Chicago to Minneapolis/St. Paul, MN., via Milwaukee, 
     WI.
       (C) Chicago to Kansas City, MO., via Springfield, IL., and 
     St Louis, MO.
       (D) Chicago to Louisville, KY., via Indianapolis, IN., and 
     Cincinnati, OH.
       (E) Chicago to Cleveland, OH., via Toledo, OH.
       (F) Cleveland, OH., to Cincinnati, OH., via Columbus, OH.
       (3) Empire State Corridor from New York City, NY., through 
     Albany, N.Y. to Buffalo, N.Y.
       (4) Florida High-Speed Rail Corridor from Tampa through 
     Orlando to Miami.
       (5) Gulf Coast Corridor from Houston TX., through New 
     Orleans, LA., to Mobile, AL., with a branch from New Orleans, 
     through Meridian, MS., and Birmingham, AL., to Atlanta, GA.
       (6) Keystone Corridor from Philadelphia, PA., through 
     Harrisburg, PA., to Pittsburgh, PA.
       (7) Northeast Corridor from Washington, D.C., through New 
     York City, N.Y., New Haven, CT., and Providence, R.I., to 
     Boston, MA.
       (8) New England Corridor from Boston, MA., to Portland and 
     Auburn, ME., and from Boston, MA., through Concord, N.H., and 
     Montpelier, VT., to Montreal, P.Q.
       (9) Pacific Northwest Corridor from Eugene, OR., through 
     Portland, OR., and Seattle, WA., to Vancouver, B.C.
       (10) South Central Corridor from San Antonio, TX., through 
     Dallas/ Fort Worth to Little Rock, AK., with a branch from 
     Dallas/Fort Worth through Oklahoma City, OK., to Tulsa, OK.
       (11) Southeast Corridor from Washington, D.C., through 
     Richmond, VA., Raleigh, N.C., Columbia, S.C., Savannah, GA., 
     and Jesup, GA., to Jacksonville, FL., with a branch from 
     Raleigh, N.C., through Charlotte, N.C., and Greenville, S.C., 
     to Atlanta, GA., a branch from Richmond, to Hampton Roads/
     Norfolk, VA., and a connecting route between Atlanta, GA., to 
     Jesup, GA.
                                  ____


  Summary of Railroad Advancement and Infrastructure Law of the 21st 
                            Century, RAIL-21

       RAIL-21 does the following:

[[Page S10645]]

              Extends Amtrak's Authorization for One Year

       Reauthorizes Amtrak for one additional year (through FY 
     2003);
       Allows Amtrak to continue lease arrangements with GSA (See 
     amendment No. 3958 to FY 2001 Ag Approps in support 72-24);
       Eliminates Amtrak's operating self sufficiency requirement;
       Suspends Amtrak's redemption requirements for common stock 
     until the end of FY 2003; and
       Authorizes Amtrak to be funded at $1.2 billion for capital 
     and operating expenses annually during FY 2003.


            Provides Emergency Security Spending for Amtrak

       Authorizes $3.2 billion in emergency spending for Amtrak's 
     security and capacity needs to be used for:
       Added police, surveillance, fencing and lighting;
       Accelerated life-safety improvements of tunnels in New 
     York, Baltimore and Washington, D.C., will provide emergency 
     access and egress and enhance fire fighting capacities; and
       Added passenger cars and capacity improvements to meet 
     greater demand (Amtrak is required to make 25% of such 
     equipment available to corridors outside of the Northeast 
     Corridor).


          Authorizes $35 B in direct loans and loan guarantees

       Authoizes $35 billion for freight rail, passenger rail and 
     rail security enhancement projects;
       Class I railroads, regional railroads, short lines and 
     passenger projects are eligible; and
       $7 billion would be set aside for short lines.


      Establishes a capital grant program for Short Line Railroads

       Authorizes $350 million for rehabilitating, preserving or 
     improving railroad track for regional and short line 
     railroads.


               Reauthorizes the Swift High Speed Rail Act

       Authorizes $50 million in matching grants annually during 
     FY 02 through FY 04;
       $25 million is available for corridor planning and 
     acquisition of rolling stock, with preference given to 
     designated corridors (see attached information); and
       $25 million is available for security and technology 
     research and development.


                  Designated High-Speed Rail Corridors

       California Corridor connecting the San Francisco Bay area 
     and Sacramento to Los Angeles and San Diego.
       Chicago Hub Corridor Network with the following spokes:
       Chicago to Detroit.
       Chicago to Minneapolis/St. Paul, MN, via Milwaukee, WI.
       Chicago to Kansas City, MO, via Springfield, Il, and St. 
     Louis, MO.
       Chicago to Louisville, KY, via Indianapolis, IN, and 
     Cincinnati, OH.
       Chicago to Cleveland, OH, via Toledo, OH.
       Cleveland, OH, to Cincinnati, OH, via Columbus, OH.
       Empire State Corridor from New York City, NY, through 
     Albany, NY to Buffalo, NY.
       Florida High-Speed Rail Corridor from Tampa through Orlando 
     to Miami.
       Gulf Coast Corridor from Houston TX, through New Orleans, 
     LA, to Mobile, AL, with a branch from New Orleans, through 
     Meridian, MS, and Birmingham, AL, to Atlanta, GA.
       Keystone Corridor from Philadelphia, PA, through 
     Harrisburg, PA, to Pittsburgh, PA.
       Northeast Corridor from Washington, DC, through New York 
     City, NY, New Haven, CT, and Providence, RI, to Boston, MA.
       New England Corridor from Boston, MA, to Portland and 
     Auburn, ME, and from Boston, MA, through Concord, NH, and 
     Montpelier, VT, to Montreal, PQ.
       Pacific Northwest Corridor from Eugene, OR, through 
     Portland, OR, and Seattle, WA, to Vancouver, BC.
       South Central Corridor from San Antonio, TX, through 
     Dallas/Fort Worth to Little Rock, AK, with a branch from 
     Dallas/Fort Worth through Oklahoma City, OK, to Tulsa, OK.
       Southeast Corridor from Washington, DC through Richmond, 
     VA, Raleigh, NC, Columbia, SC, Savannah, GA, and Jesup, GA, 
     to Jacksonville, FL, with a branch from Raleigh, NC, through 
     Charlotte, NC, and Greenville, SC, to Atlanta, GA, a branch 
     from Richmond, to Hampton Roads/Norfolk, VA, and a connecting 
     route between Atlanta, GA, to Jesup, GA.
                                 ______
                                 
      By Mr. ALLEN (for himself, Mr. Warner, Mr. Lott, Mr. Nickles, Mr. 
        Gregg, Mr. Bond, Mr. Enzi, Mr. Sessions, Mr. Hutchinson, Mr. 
        Brownback, Mr. Voinovich, Mr. Hagel, Mr. Campbell, Mrs. 
        Hutchison, Mr. Roberts, Mr. Craig, Mr. Cochran, Mr. Santorum, 
        and Mr. Allard):
  S. 1532. A bill to provide for the payment of emergency extended 
unemployment compensation; to the Committee on Finance.
  Mr. ALLEN. Mr. President, I rise to introduce the President's 
Emergency Extended Unemployment Compensation Act.
  The Senator from California was talking about her concerns, help on 
the way. I think we all share those concerns. While the actions of 
Americans have shown that we are trying to get open for business again, 
we are obviously united in our resolve that a long fight awaits us 
because of these vile terrorist acts of September 11, 2001.
  This flag is from the Pentagon. The President just gave a wonderful 
speech, as did Secretary Rumsfeld. Everyone was united in tears and in 
love for those families who lost loved ones and, also, a resolve that 
freedom and justice will prevail.
  Indeed, we are working to rebuild and recover. The President talked 
about rebuilding the Pentagon. Others have talked about rebuilding in 
New York. The rescue, recovery, cleanup, and rebuilding efforts will be 
enormous.
  Congress has responded with $40 billion in aid. The airline industry, 
which is responsible for 10 percent of the Nation's gross domestic 
product, as well as being a key element of our reserve military airlift 
fleet, needs to remain solvent. We recognize that.
  We understood that the FAA closed our skies after the terrorist 
attacks. We have responded with $5 billion in cash for lost revenue, 
due to the skies being closed, to help get our airlines back in the sky 
as quickly as possible.
  The perception of safety while flying has been shaken to the core. I 
have participated in hearings in the Commerce Committee working to help 
craft legislation aimed at improving aviation safety both on the ground 
at airports, and on our aircraft as well. Senators Hollings, McCain, 
Rockefeller, and Hutchison have worked hard in bringing this bill to 
the floor to do just that. We will pass this legislation to ensure that 
no commercial airliner or any aircraft in this country ever again is 
commandeered and used as a weapon.
  Ronald Reagan National Airport, which is a symbol of the Nation's 
Capital and our transportation system, remained closed for nearly 3 
weeks due to Federal order. After nearly 3 weeks of consideration of 
ideas for safety and special precautions for Reagan National Airport, 
last week President Bush very wisely announced a plan with a phased-in 
approach so that flights at Ronald Reagan National Airport could start. 
I was fortunate to be on the first flight out of Reagan since that 
fateful day last Thursday.
  For the first 3 weeks of the reopening of Reagan National Airport, it 
is restricted to operating at 24-percent capacity. After that, in phase 
2, it will be at 57-percent capacity for as long as 7 weeks. We still 
have a lot of work to do. While our general aviation pilots are 
fortunately back in the skies, there are still limitations on airspace 
all around the country.
  Airline carriers and manufacturers have laid off over 100,000 
employees. Airport employees and workers for businesses located in and 
around airport facilities are losing jobs by the thousands. Reagan 
National Airport is again open for business, but many of its 10,200 
employees are out of work since they are restricted to operating at 
one-quarter capacity. Vendors, business owners, and concessionaires at 
the airport have lost revenues and jobs because of this direct Federal 
action. The shock waves are being felt throughout our economy--from 
retail establishments to high-tech businesses.
  Now that we have addressed some of the recovery and rebuilding 
efforts, we are finally able to turn our attention to these hard-
working Americans who unfortunately have lost their jobs through no 
fault of their own. Today, on behalf of the President, I am introducing 
legislation to provide that necessary assistance for the backbone of 
our economy--the free people of the greatest and strongest nation on 
Earth.
  The President's plan will provide health coverage, unemployment 
benefits, and job training assistance to hard-working Americans who 
have lost their jobs as a result of the economic downturn since the 
September 11 attacks.
  Specifically, it will extend unemployment benefits for up to 13 weeks 
beyond what individual States cover. It will provide COBRA health 
insurance premiums, which are substantially covered by the Federal 
Government, for up to 10 months.
  It will also more easily allow affected workers to avail themselves 
of more than $6 billion in Federal programs that provide job search, 
training, placement, and other services.

[[Page S10646]]

  It makes $11 billion available to States to help low-income workers 
and families who have lost their jobs to maintain health insurance 
through either the S-CHIP or Medicaid Programs.
  It will also provide $3 billion to States in the form of national 
emergency grants that Governors can fashion to best address the needs 
of their States to help workers maintain health care coverage, 
supplement their income, and receive job training. Also, the Governors 
can use it to compensate employees who have lost their jobs due to this 
direct Federal intervention.
  In addition, the White House, my office, and the Republican Senate 
leadership offices, have been working through the night addressing some 
of the specific concerns I have for Reagan National Airport. That is 
why I will add an amendment to the President's package to address those 
specific concerns, because although actions such as the Reagan National 
shutdown are sometimes necessary for national security reasons, those 
actions that will directly impact the ability of hard-working Americans 
and business owners to make a living. We should respond in realization 
that limited Federal benefits are little comfort to those thrown out of 
work due to a Federal action.

  That is why my supplemental amendment will also allow the Governors 
of the States where major disasters have been declared to use their 
national emergency grants to supplement the incomes of those unemployed 
or underemployed because of direct Federal action, or for the lost 
revenues of those businesses that were similarly affected. These are 
not mandated, direct Federal grants but allowable uses under the 
national emergency grant programs at the discretion of Governors.
  Again, it makes sense. If the Federal Government has an action that 
harms someone, whether it is their property or their livelihood, the 
Federal Government ought to help them. It is indeed the same logic we 
used in helping the airline industry.
  The White House, of course, has seen the need to act. They understand 
that direct Federal action is necessary. Unfortunately, it was 
necessary to keep Reagan National closed for a while. The leadership at 
the White House and the Senate Republicans have been very helpful in 
analyzing this supplemental amendment, and I believe we can make it 
work out in the end.
  Most of all, I know all Americans have significant concerns about 
jobs--jobs for people in all of our States. These job losses are not 
unique to New York, or Virginia, where those terrorist attacks have the 
greatest impact; the job losses are felt in every corner of our 
country. We see smaller airports worrying about whether or not they are 
going to have service.
  Mr. President, I am pleased to introduce this measure today for this 
needed aid to help our hard-working citizens all over America recover 
from the extended effects of this horrific disaster. In times like 
this, I believe the entire Nation has a role to play in keeping 
American businesses and entrepreneurs running, and especially in 
keeping Americans at work.
  Once again, I believe America will triumph over tyrants and we will 
stand strong with our people; unwavering in the face of terrorism. We 
will show that not only is America open for business but also that 
America means business.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself and Mr. Specter):
  S. 1534. A bill to establish the Department of National Homeland 
Security; to the Committee on Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, today, Senator Specter and I are 
introducing legislation to create a Department of National Homeland 
Security. One month ago, America suffered devastating attacks at the 
hands of terrorists with whom we are now at war. Our Nation has 
struggled to adjust to the realization that our citizens are vulnerable 
to hostile acts on the part of adversaries whose methods are as 
fanatical as their goals. The legislation we are introducing is 
intended to provide Americans with the assurance they need to return to 
their daily routines without fear of further attack, and so confound 
the terrorists, whose aim was to disrupt our lives and break our 
spirit.
  Shortly after the attacks, the Senate Governmental Affairs Committee 
held a hearing to explore how government could better organize itself 
to defend against such threats. Former Senators Gary Hart and Warren 
Rudman, co-chairs of the U.S. Commission on National Security/21st 
Century, offered compelling testimony in favor of creating a homeland 
security agency.
  The legislation we are introducing today is based largely on the 
Commission's recommendation. It will create a cabinet-level Department 
of National Homeland Security. This Department would bring the Federal 
Emergency Management Agency, the Customs Service, the Border Patrol, 
the Coast Guard, and certain offices responsible for critical 
infrastructure protection under a single administrative umbrella.
  The Department will be headed by a Secretary, who will be appointed 
by the President and confirmed by the Senate, and who will be a 
statutory member of the National Security Council. The Secretary will 
be accountable to the Congress and the American people. Like other 
cabinet members, the Secretary for Homeland Security would enjoy 
executive control over personnel and programs, and have all-important 
budget authority over his department's spending priorities. The 
Secretary for Homeland Security would have the rank and power to ensure 
that the security of our homeland remains high on our national agenda, 
and that all necessary resources are made available toward that end.
  The new Department would be organized into three functional 
directorates that would be responsible for ``3 Ps": prevention, 
protection, and preparation for response.
  The Coast Guard, Customs Service, and Border Patrol would comprise 
the ``prevention'' directorate, responsible for securing our borders 
and making sure that potentially harmful persons or materials never 
make it onto American soil. Each of these organizations is now on the 
front line of our nation's efforts to prevent future acts of terrorism; 
however, they are not working together as well as they should, a 
problem exacerbated by the fact that homeland security is not among 
their parent agencies' primary missions. They require additional 
resources, but they also need to be under a single Secretary, who can 
direct their efforts jointly to fulfill a shared homeland defense 
mission.
  The Critical Infrastructure Assurance Office and the Information 
Infrastructure Protection Institute, both of the Commerce Department, 
and the National Infrastructure Protection Center, now located in the 
FBI, would serve as the nucleus of the ``protection'' directorate, with 
the difficult task of working to help safeguard our transportation 
networks, power grids, water supply, cybersystems and other essential 
systems from attacks or other threats. These offices share essentially 
the same mission, and it makes sense that they are placed under a 
single Department and Secretary, so that they operate in unison.
  Finally, FEMA and the FBI's National Domestic Preparedness Office 
would form the core of the ``preparation'' directorate, which would 
conduct the planning and mitigation measures necessary to prepare for 
disasters as well as to operate the crisis and recovery response 
machinery when emergencies do occur. Importantly, by building this 
directorate around FEMA, we will ensure that much of the Homeland 
Defense Department's organizational infrastructure will be focused 
towards working effectively with State and local governments, which are 
clearly key players in homeland defense.
  In short, this legislation is meant to structure homeland defense in 
a way that makes sense operationally, but also in terms of maximizing 
funding priorities, interagency cooperation, and bureaucratic clout.
  In proposing this legislation, we know well that there are other 
ideas and proposals under consideration, and we look forward to working 
with our House and Senate colleagues, as well as the President, to 
arrive at what is best for the American people. The President has 
appointed Governor Tom Ridge to head a the new Office of Homeland 
Security in the White House, to coordinate strategy across the 40-plus 
government agencies that now have important roles to play in the fight 
against terrorism. This is clearly a critical

[[Page S10647]]

function. I absolutely agree that there must be better coordination 
across the agencies, including intelligence and law-enforcement 
functions, which are central to preventing acts of terror at home. My 
fear is that it is not enough to improve coordination and cooperation 
across the existing array of federal agencies and programs.
  I am convinced that protecting our homeland requires nothing less 
than the establishment of a robust, cabinet-level Department, and led 
by a Secretary who has executive control over key agencies, full 
authority over his organization's budget, the ability to deploy 
personnel and resources, and the capacity to make and implement 
decisions immediately.
  I am proud to have Senator Specter as a principal cosponsor of this 
legislation. I am pleased to note that similar legislation has been 
offered in the House by Rep. Mac Thornberry, Rep. Ellen Tauscher, and 
others, who deserve our thanks for drafting this legislation well 
before the events of September 11, 2001. We look forward to working 
with them and other interested Members of Congress, as well as the 
Administration, to ensure that our government is effectively organized 
to defend the American people at home.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1534

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of National 
     Homeland Security Act of 2001''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of National Homeland Security established under 
     this Act.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of National Homeland Security.

     SEC. 3. ESTABLISHMENT OF THE DEPARTMENT OF NATIONAL HOMELAND 
                   SECURITY.

       (a) Establishment.--There is established the Department of 
     National Homeland Security.
       (b) Secretary of National Homeland Security.--
       (1) In general.--The Secretary of National Homeland 
     Security shall be the head of the Department. The Secretary 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       (2) Cabinet level position.--Section 5312 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Secretary of National Homeland Security.''.
       (3) Membership on the national security council.--Section 
     101(a) of the National Security Act of 1947 (50 U.S.C. 
     402(a)) is amended in the fourth sentence by striking 
     paragraphs (5), (6), and (7) and inserting the following:
       ``(5) the Secretary of National Homeland Security; and
       ``(6) each Secretary or Under Secretary of such other 
     executive department, or of a military department, as the 
     President shall designate.''.
       (c) Duties.--The duties of the Secretary shall be the 
     following:
       (1) To plan, coordinate, and integrate those United States 
     Government activities relating to homeland security, 
     including border security and emergency preparedness, and to 
     act as a focal point regarding natural and manmade crises and 
     emergency planning.
       (2) To work with State and local governments and executive 
     agencies in protecting United States homeland security, and 
     to support State officials through the use of regional 
     offices around the Nation.
       (3) To provide overall planning guidance to executive 
     agencies regarding United States homeland security.
       (4) To conduct exercise and training programs for employees 
     of the Department and establish effective command and control 
     procedures for the full range of potential contingencies 
     regarding United States homeland security, including 
     contingencies that require the substantial support of 
     military assets.
       (5) To annually develop a Federal response plan for 
     homeland security and emergency preparedness.

     SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND 
                   ASSETS TO THE DEPARTMENT.

       The authorities, functions, personnel, and assets of the 
     following entities are transferred to the Department:
       (1) The Federal Emergency Management Agency, the ten 
     regional offices of which shall be maintained and 
     strengthened by the Department.
       (2) The United States Customs Service, which shall be 
     maintained as a distinct entity within the Department.
       (3) The Border Patrol of the Immigration and Naturalization 
     Service, which shall be maintained as a distinct entity 
     within the Department.
       (4) The United States Coast Guard, which shall be 
     maintained as a distinct entity within the Department.
       (5) The Critical Infrastructure Assurance Office and the 
     Institute of Information Infrastructure Protection of the 
     Department of Commerce.
       (6) The National Infrastructure Protection Center and the 
     National Domestic Preparedness Office of the Federal Bureau 
     of Investigation.

     SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE.

       (a) Establishment of Directorates.--The following staff 
     directorates are established within the Department:
       (1) Directorate of prevention.--The Directorate of 
     Prevention, which shall be responsible for the following:
       (A) Overseeing and coordinating all United States border 
     security activities.
       (B) Developing border and maritime security policy for the 
     United States.
       (C) Developing and implementing international standards for 
     enhanced security in transportation nodes.
       (2) Directorate of critical infrastructure protection.--The 
     Directorate of Critical Infrastructure Protection, which 
     shall be responsible for the following:
       (A) Acting as the Critical Information Technology, 
     Assurance, and Security Officer of the Department to 
     coordinate efforts to address the vulnerability of the United 
     States to electronic or physical attacks on critical 
     infrastructure of the United States, including utilities, 
     transportation nodes, and energy resources.
       (B) Overseeing the protection of such infrastructure and 
     the physical assets and information networks that make up 
     such infrastructure.
       (C) Ensuring the maintenance of a nucleus of cyber security 
     experts within the United States Government.
       (D) Enhancing sharing of information regarding cyber 
     security and physical security of the United States, tracking 
     vulnerabilities and proposing improved risk management 
     policies, and delineating the roles of various government 
     agencies in preventing, defending, and recovering from 
     attacks.
       (E) Coordinating with the Federal Communications Commission 
     in helping to establish cyber security policy, standards, and 
     enforcement mechanisms, and working closely with the Federal 
     Communications Commission on cyber security issues with 
     respect to international bodies.
       (F) Coordinating the activities of Information Sharing and 
     Analysis Centers to share information on threats, 
     vulnerabilities, individual incidents, and privacy issues 
     regarding United States homeland security.
       (G) Assuming the responsibilities carried out by the 
     Critical Infrastructure Assurance Office before the date of 
     the enactment of this Act.
       (H) Assuming the responsibilities carried out by the 
     National Infrastructure Protection Center before the date of 
     the enactment of this Act.
       (I) Supporting and overseeing the management of the 
     Institute for Information Infrastructure Protection.
       (3) Directorate for emergency preparedness and response.--
     The Directorate for Emergency Preparedness and Response, 
     which shall be responsible for the following:
       (A) Carrying out all emergency preparedness and response 
     activities carried out by the Federal Emergency Management 
     Agency before the date of the enactment of this Act.
       (B) Assuming the responsibilities carried out by the 
     National Domestic Preparedness Office before the date of the 
     enactment of this Act.
       (C) Organizing and training local entities to respond to 
     emergencies and providing State and local authorities with 
     equipment for detection, protection, and decontamination in 
     an emergency involving weapons of mass destruction.
       (D) Overseeing Federal, State, and local emergency 
     preparedness training and exercise programs in keeping with 
     current intelligence estimates and providing a single staff 
     for Federal assistance for any emergency (including 
     emergencies caused by flood, earthquake, hurricane, disease, 
     or terrorist bomb).
       (E) Creating a National Crisis Action Center to act as the 
     focal point for monitoring emergencies and for coordinating 
     Federal support for State and local governments and the 
     private sector in crises.
       (F) Establishing training and equipment standards, 
     providing resource grants, and encouraging intelligence and 
     information sharing among the Department of Defense, the 
     Federal Bureau of Investigation, the Central Intelligence 
     Agency, State emergency management officials, and local first 
     responders.
       (G) Coordinating and integrating activities of the 
     Department of Defense, the National Guard, and other Federal 
     agencies into a Federal response plan.
       (H) Coordinating activities among private sector entities, 
     including entities within the medical community, with respect 
     to recovery, consequence management, and planning for 
     continuity of services.
       (I) Developing and managing a single response system for 
     national incidents in coordination with the Department of 
     Justice, the Federal Bureau of Investigation, the Department 
     of Health and Human Services, and the Centers for Disease 
     Control.

[[Page S10648]]

       (J) Maintaining Federal asset databases and supporting up-
     to-date State and local databases.
       (b) Establishment of Office of Science and Technology.--
       (1) In general.--There is established in the Department an 
     Office of Science and Technology.
       (2) Purpose.--The Office of Science and Technology shall 
     advise the Secretary regarding research and development 
     efforts and priorities for the directorates established in 
     subsection (a).

     SEC. 6. REPORTING REQUIREMENTS.

       (a) Biennial Reports.--The Secretary shall submit to 
     Congress on a biennial basis--
       (1) a report assessing the resources and requirements of 
     executive agencies relating to border security and emergency 
     preparedness issues; and
       (2) a report certifying the preparedness of the United 
     States to prevent, protect against, and respond to natural 
     disasters, cyber attacks, and incidents involving weapons of 
     mass destruction.
       (b) Additional Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report--
       (1) assessing the progress of the Department in--
       (A) implementing the provisions of this Act; and
       (B) ensuring the core functions of each entity transferred 
     to the Department are maintained and strengthened; and
       (2) recommending any conforming changes in law necessary as 
     a result of the enactment and implementation of this Act.

     SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.

       The Secretary shall establish and maintain strong 
     mechanisms for the sharing of information and intelligence 
     with United States and international intelligence entities.

     SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

       The Secretary shall establish procedures to ensure that the 
     planning, programming, budgeting, and financial activities of 
     the Department comport with sound financial and fiscal 
     management principles. At a minimum, those procedures shall 
     provide for the planning, programming, and budgeting of 
     activities of the Department using funds that are available 
     for obligation for a limited number of years.

     SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH 
                   REQUIREMENTS.

       The Secretary shall--
       (1) ensure that the Department complies with all applicable 
     environmental, safety, and health statutes and substantive 
     requirements; and
       (2) develop procedures for meeting such requirements.

     SEC. 10. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions which are transferred under this 
     Act, and
       (2) which are in effect at the time this Act takes effect, 
     or were final before the effective date of this Act and are 
     to become effective on or after the effective date of this 
     Act,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of 
     National Homeland Security or other authorized official, a 
     court of competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this Act 
     shall not affect any proceedings, including notices of 
     proposed rulemaking, or any application for any license, 
     permit, certificate, or financial assistance pending before 
     an agency at the time this Act takes effect, with respect to 
     functions transferred by this Act but such proceedings and 
     applications shall continue. Orders shall be issued in such 
     proceedings, appeals shall be taken therefrom, and payments 
     shall be made pursuant to such orders, as if this Act had not 
     been enacted, and orders issued in any such proceedings shall 
     continue in effect until modified, terminated, superseded, or 
     revoked by a duly authorized official, by a court of 
     competent jurisdiction, or by operation of law. Nothing in 
     this subsection shall be deemed to prohibit the 
     discontinuance or modification of any such proceeding under 
     the same terms and conditions and to the same extent that 
     such proceeding could have been discontinued or modified if 
     this Act had not been enacted.
       (c) Suits Not Affected.--The provisions of this Act shall 
     not affect suits commenced before the effective date of this 
     Act, and in all such suits, proceedings shall be had, appeals 
     taken, and judgments rendered in the same manner and with the 
     same effect as if this Act had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against an agency, or by or 
     against any individual in the official capacity of such 
     individual as an officer of an agency, shall abate by reason 
     of the enactment of this Act.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by an agency 
     relating to a function transferred under this Act may be 
     continued by the National Homeland Security with the same 
     effect as if this Act had not been enacted.
       (f) References.--Any reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to a department, 
     agency, or office from which a function is transferred by 
     this Act--
       (1) to the head of such department, agency, or office is 
     deemed to refer to the Secretary of National Homeland 
     Security; or
       (2) to such department, agency, or office is deemed to 
     refer to the Department of National Homeland Security.

     SEC. 11. EFFECTIVE DATE.

       This Act shall take effect 6 months after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Fitzgerald):
  S. 1535. A bill to amend the Public Health Service Act to provide for 
research on, and services for individuals with, postpartum depression 
and psychosis; to the Committee on Health, Education, Labor and 
Pensions.
  Mr. DURBIN. Mr. President, I rise today to introduce the Melanie 
Stokes Postpartum Depression Research and Care Act with my colleague 
from Illinois, Senator Fitzgerald. This legislation develops a 
coordinated approach for understanding and treating the devastating 
mental health disorder of postpartum depression.
  This act is named for Chicago native Melanie Stokes, a successful 
pharmaceutical sales manager and loving wife of Dr. Sam Stokes, who 
gave birth on February 23, 2001 to her daughter, Sommer Skyy. 
Unfortunately, with the birth of her daughter, Melanie entered into a 
battle for her life with a devastating mood disorder known as 
postpartum psychosis. Mrs. Stokes was in and out of hospitals three 
times, each for a week to 10 days. She stopped eating and drinking and 
refused to swallow pills. Her weight dropped rapidly. Despite medical 
assistance and the support of her family and friends, Mrs. Stokes lost 
her battle with postpartum psychosis. Melanie jumped to her death from 
a 12-story window ledge on June 11, 2001. In addition to Melanie 
Stokes, in my own home State of Illinois, three other women suffering 
from postpartum depression or psychosis have committed suicide since 
June 11.
  These women were not alone. Studies indicate that 50 to 75 percent of 
all new mothers undergo the ``baby blues,'' a feeling of let-down after 
the emotional experience of childbirth. Serious postpartum depression 
affects 10 to 20 percent of women who manifest symptoms including 
excessive worry or exhaustion, sadness, feelings of guilt, apathy, 
phobias, sleep problems, physical complaints and marked fear of 
criticism of mothering skills. These symptoms may last from 3 to 14 
months. The most severe form of postpartum depression, postpartum 
psychosis, is characterized by hallucinations, hearing voices, 
paranoia, severe insomnia, extreme anxiety and depression, and deluded 
thinking in addition to many of the other symptoms of postpartum 
depression. Postpartum psychosis often requires hospitalization. While 
this severe form occurs fairly infrequently, affecting an estimated one 
in 1,000 new mothers, it may have the most grievous consequences 
including attempts at self-harm, suicide, or harm to others. Clearly 
postpartum depression is a significant problem with major societal 
costs.
  While postpartum depression is a widespread problem, there are 
currently few research studies looking into its causes and there is 
currently no standard treatment for women suffering from this disorder. 
Given the lack of coordination amongst those interested in 
understanding and treating such a widespread problem, science and 
medicine have made few inroads into helping the many women and their 
families carrying the burden of postpartum depression. This legislation 
seeks to rectify this situation.
  This bill authorizes the Secretary of Health and Human Services to 
organize a series of national meetings, with the goal of developing a 
research and treatment plan for postpartum depression and psychosis. 
Further, this legislation encourages the Secretary to implement the 
research and treatment plan in a timely fashion. The bill also creates 
a new grants program, administered by the Substance Abuse and Mental 
Health Administration, to provide

[[Page S10649]]

women and their families with treatment and services.
  In Illinois alone there are at least 175,000 births a year. Even 
using the conservative estimate that 10 percent of mothers will suffer 
from postpartum depression, this suggests that over 17,000 women, in 
the State of Illinois alone, and 400,000 women nationwide will 
experience the devastating symptoms of this disorder each year. 
Developing new treatments for this disorder should be a top priority.
  I am pleased that Senator Fitzgerald has joined me in cosponsoring 
this bill. In the House of Representatives, Representative Rush has 
already introduced this legislation and it enjoys wide bipartisan 
support with 90 cosponsors at this time.
  In remembrance of Melanie Stokes and all the women who have suffered 
from postpartum depression and psychosis, as well as their families and 
friend who have stood by their side, I am introducing the Melanie 
Stokes Postpartum Depression Research and Care Act.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Domenici, and Mr. Inhofe):
  S. 1537. A bill to authorize the Secretary of the Interior to conduct 
a hydrogeologic mapping, modeling and monitoring program for the High 
Plains Aquifer and to establish the High Plains Aquifer Coordination 
council to facilitate groundwater conservation in the High Plains; to 
the Committee on Energy and Natural Resources.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Domenici, and Mr. Inhofe):
  S. 1538. A bill to further continued economic viability in the 
communities on the High Plains by promoting sustainable groundwater 
management of the Ogallala Aquifer; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. BINGAMAN. Mr. President, I rise today to introduce two important 
pieces of legislation that have great significance for New Mexico, but 
also are crucial to the entire Great Plains region of our Nation. The 
bills address the alarming decline in portions of the Ogallala Aquifer, 
which extends under eight States: Texas, New Mexico, Oklahoma, Kansas, 
Colorado, Nebraska, Wyoming, and South Dakota.
  A reliable source of groundwater is esential to the well-being and 
livelihoods of people in the great Plains region. Local towns and rural 
areas are dependent on the use of groundwater for drinking water, 
ranching, farming, and other commercial uses. Yet many areas overlying 
the Ogallala Aquifer have experienced a dramatic depletion of this 
groundwater resource. Some areas have seen a decline of over 100 feet 
in aquifer levels during the last half of the twentieth century.
  The first bill that I am introducing today, the ``High Plains Aquifer 
Conservation, Monitoring, and Coordination Act,'' would direct the 
Secretary of the Interior to develop and carry out a comprehensive 
hydrogeologic mapping, modeling and monitoring program for the High 
Plains Aquifer, which is comprised in large part by the Ogallala 
Aquifer. The Secretary is directed to work in conjunction with the 
eight High Plains Aquifer States in carrying out this program. The U.S. 
Geological Survey and the States will work in cooperation to further 
the goals of this program, with half of the available funds directed to 
the States for their participation in the program.

  The bill would also charge the Secretary of the Interior, working in 
cooperation with the Secretary of Agriculture, with establishing a High 
Plains Aquifer Coordination Council. This Council would coordinate 
mapping, modeling, and monitoring efforts; facilitate coordination of 
federal, state and local programs relating to the groundwater resources 
of the High Plains Aquifer; facilitate coordination of programs and 
policies among the High Plains Aquifer States; and provide 
recommendations to the Secretary of the Interior, the Secretary of 
Agriculture, and the Governors regarding programs and policies to 
address the groundwater resources of the High Plains Aquifer. The 
Council will be comprised of State and Federal representatives, as well 
as individuals from irrigation production agriculture, nonagricultural 
water users, the conservation community, and Indian Tribes.
  Finally, the legislation directs the Secretary of the Interior to 
provide funding to each of the High Plains Aquifer States to further 
groundwater education programs, working with land grant universities 
and other educational institutions and cooperating entities.
  The second bill that I am introducing today is the ``High Plains 
Groundwater Resource Conservation Act.'' This bill would establish a 
voluntary 10-year groundwater conservation incentives program for the 
High Plains Aquifer region. Incentive payments would be made for 
voluntary land management practices, which may include changes from 
irrigated to dryland agriculture, changes in cropping patterns to 
utilize water conserving crops, and other conservation measures that 
result in quantifiable and significant savings in groundwater use. 
Cost-share payments will be made for structural practices that will 
conserve groundwater resources of the High Plains Aquifer, which may 
include improvement of irrigation systems and purchase of new 
equipment. Priority will be given to areas experiencing significant 
aquifer level declines. In order to be eligible, producers must be in 
an area covered by a groundwater conservation plan.

  The legislation would also require the Secretary of Agriculture to 
provide financial and technical assistance on a cost-share basis to 
States, tribes, counties, conservation districts and other political 
subdivisions. Upon approval by the Secretary, a State can carry out 
these activities in lieu of the Secretary. The Secretary is also 
required to set up a process to certify groundwater conservation plans.
  In addition, the bill would enhance eligibility for participation in 
the Conservation Reserve Program for lands drawing water from the High 
Plains Aquifer.
  These two bills bring focus to an issue that concerns the long-term 
economic viability of communities in much of America's heartland. This 
is farm country, and the cornerstone of its economy is its groundwater 
supply, the Ogallala Aquifer, which allows for irrigated agriculture. 
The Department of Agriculture estimates that there are over six million 
acres of irrigated agriculture overlying just the southern portion of 
the Ogallala. These farms use between six and nine million acre feet of 
water per year. The problem we are confronting is that the aquifer is 
not sustainable, and it is being depleted rapidly, This threatens the 
way of life of all who live on the High Plains. These bills would take 
significant steps to address this serious problem. I ask that my 
colleagues join me in supporting this legislation.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Dodd, Mrs. Murray, Ms. 
        Mikulski, Mr. Schumer, Mr. Bingaman, and Mr. Corzine):
  S. 1539. A bill to protect children from terrorism; to the Committee 
on Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, on this, the one month anniversary of 
the horrifying terrorist attacks of September 11, I rise to introduce a 
bill that I believe will provide protection from future terrorist 
attacks for the most vulnerable members of our society: children.
  In preparing for threats ahead, we must also examine what happened to 
our children on September 11--we must consider the impact of the 
attacks on children in New York and Virginia, and all of the affected 
states and regions, as well as the impact on children throughout the 
Nation. We must do all we can to support and assist these children in 
their recovery, as well as protect children in the future who, God 
forbid, may face similarly horrifying attacks.
  People in New York, and around the country, are looking for 
information and assurance that their children's needs are being taken 
into account as we prepare for future terrorist threats.
  Parents have been coming up to me in New York and asking important 
questions about how to protect their children in the case of a threat.
  And, students have been writing to me asking to protect them as we 
move ahead into a more uncertain world. Sheryl De Los Santos, a student 
at I.S. 383, a middle school in Brooklyn, writes:


[[Page S10650]]


       During the tragic loss of the Twin Towers my reaction to 
     this loss was why? Why would someone do this to our country? 
     When I saw them come down, I totally lost it. I cried. I 
     cried even more when I heard how many people died. I feel 
     angry, hurt, sad, mad, scared and horrified all at the same 
     time. I even feel confused. I feel scared because if anything 
     else happened I would go crazy. I feel angry for what they 
     did because I have never been to the Twin Towers. I feel sad 
     and hurt because of so many lost lives. Though I am not 
     saying it is your fault because it is not. I am writing to 
     you to tell you that America's safety has been sleeping on 
     the job. Maybe you can have more security.

  I think it's important that we provide parents and their children 
with the assurance that we are working to protect them and we must 
replace fear with facts.
  As we consider potential terrorist threats, the threat of bioterrorsm 
has felt all too real particularly as a criminal investigation goes on 
in Florida on the three individuals who were exposed to anthrax.
  My bill, Protecting Children Against Terrorism Act, will ensure that 
as we take steps to prepare for the threat of bioterrorism, we take 
into account children's health needs.
  I am extremely concerned that we are not paying a sufficient amount 
of attention to the unique needs of children in our efforts to plan and 
prepare for future attacks.
  Children have special needs relating to bioterrorism. First, they are 
particularly susceptible to biological and chemical attacks. Some dense 
nerve gas agents, like Sarin, concentrate lower to the ground, near the 
breathing zone of children. Also, because children have more rapid 
respiratory rates and larger surface to mass ratios, they anatomically 
are more vulnerable to exposures.
  And yet, the tools of our response to bioterrorism are less effective 
for children's needs.
  My legislation, the Protecting America's Children Against Terrorism 
Act, would create a national task force comprised of: children health 
experts on infectious disease, environmental health and toxicology; 
members of esteemed organizations like the American Academy of 
Pediatrics and the National Association of Children's Hospitals; and 
representatives of relevant federal agencies.
  These national children's health experts would look at our health 
system to ensure that, as we're stepping up our response efforts, the 
medicine and treatments fit the health needs of children.
  For instance, as we're making sure we have antidotes to threatening 
diseases, we need to ensure that these have been tested not just on 
adults, but on children too.
  As my colleagues, Senators Dodd, DeWine, Kennedy, and others with 
whom I have worked closely on the pediatric testing issue know, many 
pharmaceutical manufacturers have not tested, or properly dosed 
antidotes, antibiotics, or other agents for use on children. My 
legislation would insist that we do this testing.
  And CDC ``push packs'' and other emergency response supply systems do 
not take into account the special medical needs of children. I am 
calling for CDC to revise their emergency response supply to take into 
account the needs of kids.
  My legislation would also ensure that the expert doctors and health 
professionals, who would be on the frontlines in responding to an 
attack, are trained and equipped to treat children too. These doctors 
need to know whether a certain disease or chemical agent will affect a 
child differently than an adult and which treatment is most effective 
for children.
  The final step is providing parents with information so that they can 
rest assured that there are doctors and medicine that are specially 
trained and developed to help their children.
  We must also ensure that the place in which children spend much of 
their days are protected, our schools. On September 11, New York's 
teachers, school personnel and child care providers acted with great 
bravery and skill as they safely evacuated school children from the 
schools and child care centers in and around the World Trade Center. As 
a result, no students were physically harmed during the attacks.
  Are all schools prepared to safely evacuate students? Did New York do 
it perfectly? The answers are, of course, ``no.''
  Lisa Swovick, a mother from Rochester, wrote the following email to 
me:

       Having grown up during the Cold War, I remember practicing 
     drills in school should we become victims of a nuclear 
     attack. I also remember learning about the nearest shelter to 
     go to should the attack happen. It was the neighborhood 
     school and library. We were instructed to go there and there 
     would be food and shelter provided in an emergency. I would 
     like to know, if during the present time of much dialog of 
     possible biological terrorist attacks on America, if it would 
     be a good idea for these shelters to return. There are scary 
     thoughts to have, however, I had to deal with the thought of 
     a nuclear attack from Russia as a child. I only fear that we 
     won't be as prepared as we might have been in the 1960s for 
     the present-day dangers of our very uncertain world.

  In my bill, I ask that the Secretary of Education develop 
recommendations and models to help communities develop school 
evacuation plans, safe places for children to go in case of an attack, 
partnerships with the medical community to ensure that children get the 
immediate care they need, and recommendations for notifying parents of 
evacuation plans and information on how and where to find their child 
or children in the wake of an attack.
  As we prepare for threats ahead, we cannot forget the many, many 
children who have already been severely affected by the terrorism of 
September 11.
  Children are especially susceptible to the terrible emotional and 
mental anguish that terrorist attacks cause, whether they have a parent 
who was called into military duty, lost a parent in the attack or 
actually witnessed the violence themselves.
  My legislation would help address this immense need by providing 
grants to community groups, and schools to make sure that children's 
mental health needs are met.
  And we need to make sure that our disaster relief assistance is 
tailored to help children who have been orphaned or lost a parent in an 
attack. We do not yet know the numbers of children who lost a parent in 
the September 11 attacks, but some have speculated that it could be as 
high as 10,000 children.
  My legislation would create an office of children's services within 
FEMA for helping children who lose a parent in a disaster by offering 
them many different types of support, such as counseling and legal 
services for adoption.
  And, finally, I believe we must shore-up our social services 
infrastructure.
  In the wake of the September 11th terrorist attacks, over 400 hotline 
numbers were established in order to provide help and information for 
families and victims of the terrorist attacks. These numbers were on 
top of the thousands of existing non-profit organizations and Federal, 
State and city governmental agencies that provide human and social 
services to help children and families in crisis.
  My legislation would also include funding to implement 2-1-1, a 
universal hotline designed by the United Way and approved by the 
Federal Communication Commission to be used to connect children and 
families with the help they need.
  I appreciate the support I have already received for this legislation 
and I am proud to have co-sponsorships from: Senators Dodd, Murray, 
Mikulski, Schumer, Bingaman, and Corzine. Today, I ask my colleagues to 
consider the needs of children and co-sponsor my Protecting America's 
Children Against Terrorism Act.
  I ask unanimous consent that the text of my bill on ``Protecting 
Children Against Terrorism'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1539

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting America's 
     Children Against Terrorism Act''.

     SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

       (a) Public Health Measures to Protect Against Terrorism.--
     Part B of title III of the Public Health Service Act (42 
     U.S.C. 243 et seq.) is amended by inserting after section 
     319G, the following:

     ``SEC. 319H. PUBLIC HEALTH MEASURES TO PROTECT AGAINST 
                   TERRORISM.

       ``(a) National Task Force on Children and Bioterrorism.--
       ``(1) Establishment.--The Secretary shall establish a 
     National Task Force on Children

[[Page S10651]]

     and Bioterrorism (referred to in this subsection as the `Task 
     Force').
       ``(2) Membership.--The Task Force shall be composed of--
       ``(A) the Secretary and other officials of the Department 
     determined appropriate by the Secretary;
       ``(B) the Director of the Federal Emergency Management 
     Agency;
       ``(C) the Administrator of the Environmental Protection 
     Agency;
       ``(D) the Secretary of Education;
       ``(E) child health experts on infectious disease, 
     environmental health, and toxicology, who shall be appointed 
     by the Secretary;
       ``(F) representatives of national children's health 
     organizations, including the American Academy of Pediatrics 
     and the National Association of Children's Hospitals, who 
     shall be appointed by the Secretary; and
       ``(G) representatives of other relevant organizations 
     determined appropriate by the Secretary.
       ``(3) Recommendations.--Not later that 60 days after the 
     date of enactment of this section, the Task Force shall make 
     recommendations to the Secretary concerning--
       ``(A) an assessment of the preparedness of the health care 
     system of the United States to respond to bioterrorism aimed 
     at children and youth, including the readiness of public 
     health institutions, providers of health care, and other 
     emergency service personnel to detect, diagnose and respond 
     to bioterrorist attacks affecting large numbers of children 
     and youth;
       ``(B) needed changes to the health care and emergency 
     medical services systems, including recommendations on 
     research, training of health personnel, and changes to the 
     National Pharmaceutical Stockpile Program to include the 
     medical needs of children; and
       ``(C) national, regional, and local health care and 
     emergency medical services protocols for dealing with mass 
     casualties of children and youth resulting from bioterrorism.
       ``(b) Children and Terrorism Information Network.--
       ``(1) Establishment.--The Secretary, acting through the 
     Centers for Disease Control and Prevention, shall establish a 
     Children and Terrorism Information Network to collect and 
     disseminate to health providers (including children's 
     hospitals and pediatric units of hospitals), community 
     centers (including poison control centers), and schools 
     (including school-based health clinics) up-to-date 
     information on how to prepare for a biological or chemical 
     terrorist attack and the steps that should be taken to ensure 
     that children get the health care they need in the event of 
     such an attack.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $10,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.
       ``(c) National Pharmaceutical Stockpile Program.--
       ``(1) In general.--The Secretary, acting through the 
     Centers for Disease Control and Prevention, shall provide for 
     the inclusion of supplies, equipment, and instructions as are 
     appropriate for use with respect to children in push packs 
     and Vendor Management Inventories under the National 
     Pharmaceutical Stockpile Program.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $50,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.
       ``(d) Securing our Social Services Infrastructure to 
     Support Children and Families.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to implement, 
     develop, expand or increase the capacity of 2-1-1 call 
     centers, or other universal hotlines, in order to connect the 
     public to all available information hotlines, or call 
     centers, developed in response to disaster and recovery 
     efforts, as well as to connect the public to existing social 
     services to provide needed help and support to children and 
     families in crisis.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(A) be a non-profit organization working to implement, 
     develop, expand, or increase the capacity of 2-1-1 call 
     centers, or other universal hotlines in their State, region 
     or locality; and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, $10,000,000 
     for fiscal year 2002, and such sums as may be necessary for 
     each subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.''.
       (b) Pediatric Studies.--Part B of title IV of the Public 
     Health Service Act (42 U.S.C. 284 et seq.) is amended--
       (1) by redesignating the second section 409C (relating to 
     clinical research) and the second section 409D (relating to 
     enhancement awards) as sections 409G and 409H, respectively; 
     and
       (2) by inserting after section 409H (as so redesignated), 
     the following:

     ``SEC. 409I. PEDIATRIC STUDIES OF DRUGS AND BIOLOGICS, 
                   INCLUDING VACCINES, USED TO PREVENT AND TREAT 
                   ILLNESSES AND INJURY CAUSED BY BIOLOGICAL OR 
                   CHEMICAL AGENTS USED IN WARFARE AND TERRORISM.

       ``(a) Publication of List.--Not later than 1 year after the 
     date of enactment of this section, and annually thereafter, 
     the Secretary shall develop and maintain a secure and 
     confidential list of drugs and biologics, including vaccines, 
     that may be used to prevent and treat illnesses and injury 
     caused by biological or chemical agents used in acts of 
     warfare or terrorism and which require pediatric testing.
       ``(b) Testing Plan.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter, the 
     Secretary shall develop a plan to--
       ``(1) provide for the timely pediatric testing and labeling 
     of the agents on the list developed under subsection (a) for 
     the year involved; and
       ``(2) coordinate such testing and labeling program with 
     activities conducted under existing laws and regulations 
     concerning pediatric testing of drugs and biologics.
       ``(c) Contracts.--The Secretary may award contracts to 
     entities that have the expertise to conduct pediatric 
     clinical trials (including qualified universities, hospitals, 
     laboratories, contract research organizations, federally 
     funded programs such as pediatric pharmacology research 
     units, other public or private institutions or, individuals) 
     to enable such entities to conduct pediatric studies 
     concerning drugs and biologics, including vaccines, that are 
     used to prevent and treat illnesses and injuries caused by 
     biological or chemical agents used in acts of warfare or 
     terrorism.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $20,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.''.
       (c) Training.--Subpart 2 of part E of title VII of the 
     Public Health Service Act (42 U.S.C. 295 et seq.) is 
     amended--
       (1) in section 770(a), by inserting ``other than section 
     770A,'' after ``subpart,''; and
       (2) by adding at the end the following:

     ``SEC. 770A. TRAINING FOR PEDIATRIC ISSUES SURROUNDING 
                   BIOLOGICAL AND CHEMICAL AGENTS USED IN WARFARE 
                   AND TERRORISM.

       ``(a) Grants.--The Secretary, acting through the Director 
     of Health Resources and Services Administration, shall award 
     grants to eligible entities to enable such entities to--
       ``(1) provide for the education and training of clinicians 
     (including nurses) in the pediatric consequences, systems, 
     and treatment of biological and chemical agents; and
       ``(2) assist in the development and distribution of 
     accurate educational materials on the pediatric consequences, 
     symptoms and treatment of biological or chemical agents.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) be a children hospital, a pediatric unit of a 
     hospital, a professional organization, or any other entity 
     that the Secretary determines to be appropriate; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $50,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.''.

     SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION 
                   ACT OF 1965.

       Subpart 2 of part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 4124. SCHOOL EVACUATIONS, SAFE PLACES AND PARENTAL 
                   NOTIFICATIONS.

       ``(a) Recommendations and Models.--Not later than 60 days 
     after the date of enactment of this section, the Secretary 
     shall develop recommendations and models to assist 
     communities in developing--
       ``(1) school evacuation plans;
       ``(2) safe places for children to go in case of an attack 
     on a school or individuals in the school;
       ``(3) partnerships with the medical community to ensure 
     that children get the immediate care they need in the event 
     of such an attack; and
       ``(4) procedures for notifying parents of evacuation plans 
     and providing information on how and where to find their 
     child or children in the event of such an attack.
       ``(b) Dissemination.--The Secretary shall ensure that the 
     recommendations and models developed under subsection (a) are 
     disseminated to local school districts throughout the United 
     States, and, in coordination with the Secretary of Health and 
     Human Services, to the health provider and public health 
     communities.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $1,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year. Amounts appropriated under the 
     preceding sentence

[[Page S10652]]

     shall remain available to carry out this section until 
     expended.

     ``SEC. 4125. MENTAL HEALTH SERVICES FOR CHILDREN AND THEIR 
                   CAREGIVERS.

       ``(a) Grants.--The Secretary, jointly with the Secretary of 
     Health and Human Services, shall award grants to eligible 
     entities to enable such entities to develop and implement a 
     plan for the provision of comprehensive mental health 
     services for children, school faculty, and child care 
     providers who are affected by terrorist attacks, times of 
     war, or other major crisis.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) be a local educational agency, a community-based 
     organization, a community mental health organization, a 
     professional organization, or a partnerships of such 
     entities; and
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $20,000,000 for 
     fiscal year 2002, and such sums as may be necessary for each 
     subsequent fiscal year. Amounts appropriated under the 
     preceding sentence shall remain available to carry out this 
     section until expended.''.

     SEC. 5. AMENDMENTS TO THE ROBERT T. STAFFORD DISASTER RELIEF 
                   AND EMERGENCY ASSISTANCE ACT.

       Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended 
     by inserting after section 410, the following:

     ``SEC. 411. CHILDREN'S ASSISTANCE.

       ``(a) Children's Coordinating Officer.--Upon a 
     determination by the President that children have lost their 
     custodial parent or parents in an area declared a disaster 
     area by the President under this Act, the President shall 
     appoint an individual to serve as a Children's Coordinating 
     Officer for the area. Such Officer shall provide necessary 
     support and assistance for such children to ensure their 
     immediate care and transition to a permanent and loving 
     family.
       ``(b) Functions.--A Children's Coordinating Officer 
     appointed under subsection (a) shall partner with relevant 
     Federal, State and local governmental agencies, and 
     coordinate all efforts by community-based organizations, 
     foundations, funds, or other organizations, to direct and 
     coordinate the provision of assistance to children described 
     in subsection (a).
       ``(c) Services.--A Children's Coordinating Officer 
     appointed under subsection (a) shall ensure that children and 
     their caregivers are provided with--
       ``(1) immediate temporary care services;
       ``(2) counseling on long-term permanency planning;
       ``(3) legal services for guardianships and adoptions;
       ``(4) information on available services and assistance for 
     the victims of the disaster; and
       ``(5) mental health services.''.
                                 ______
                                 
      By Mr. FITZGERALD:
  S. 1540. A bill to extend and improve the emergency food assistance 
program; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. FITZGERALD. Mr. President, I rise today to introduce legislation 
to help food banks, soup kitchens, and other emergency feeding 
organizations meet the needs of our hungry citizens.
  According to the most recent U.S. Department of Agriculture 
estimates, 10.1 percent of U.S. households, 31 million Americans are 
considered food insecure. Under current law, the Emergency Food 
Assistance Program, TEFAP, purchases agricultural commodities for use 
by food banks and soup kitchens. Needy American citizens rely on this 
program to get them over the hump when they lose their jobs or fall on 
unexpected hard times. Yet, a recent report of the U.S. Conference of 
Mayors concluded that 13 percent of these families who requested 
emergency food assistance were turned away due to a lack of food 
resources.
  The bill I introduce today simply increases funding for TEFAP by $40 
million, a 40 percent increase. As well, the bill allows $10 million of 
this new funding to be used for state and local food processing, 
distribution, transportation, and storage costs. This $10 million 
enhances the $45 million already appropriated annually for these costs.
  Additionally, this bill has secondary benefits to our rural 
communities. TEFAP provides a boost to the agriculture economy by 
purchasing surplus commodities from the market.
  I commend Congressman Goodlatte of Virginia for championing a similar 
bill on the House side. I look forward to working closely with my 
colleagues on the Senate Committee on Agriculture, Nutrition and 
Forestry to ensure that this legislation is included in the Nutrition 
Title of the Farm Bill.
  The legislation is supported by America's Second Harvest and food 
banks and soup kitchens throughout the nation. This bill entitled the 
``Emergency Food Assistance Program Enhancement Act'' should enjoy 
bipartisan support, and I encourage my colleagues to co-sponsor this 
piece of legislation.
                                 ______
                                 
      By Mr. ENZI:
  S. 1542. A bill to foster innovation and technological advancement in 
the development of the Internet and electronic commerce, and to assist 
the States in simplifying their sales and use taxes; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. ENZI. Mr. President, I rise to introduce the Internet Tax 
Moratorium and Equity Act. I encourage each of my colleagues to join me 
as a cosponsor of this bill. With the extension of the current 
moratorium of the Internet Tax Freedom Act of 1998 expiring soon on 
October 21, 2001, there are several bills that are currently being 
discussed in the Senate in order to address this issue. I had to take a 
look at the Internet sales tax issue for people who might be using 
legislative vehicles to develop huge loopholes in our current system. 
We are federally mandating States into a sales tax exemption. We need 
to preserve the system for those cities, towns, counties, and States 
that rely on the ability to collect the sales tax they are currently 
getting. I believe that the current moratorium on Internet access taxes 
and multiple and discriminatory taxes on the Internet should not be 
extended without addressing the larger issue of sales and use tax 
collection on electronic commerce.
  There are some critical issues here that have to be solved to keep 
the stability of State and local government, just the stability of it, 
not to increase sales tax, just protect what is there right now. I 
believe the Internet Tax Moratorium and Equity Act is a monumental step 
forward in protecting, yet enhancing, the current system.
  Certainly, no Senator wants to take steps that will unreasonably 
burden the development and growth of the Internet. At the same time, we 
must also be sensitive to issues of basic competitive fairness and the 
negative effect our action or inaction can have on brick-and-mortar 
retailers, a critical economic sector and employment force in all 
American society, especially in rural States like Wyoming. In addition, 
we must consider the legitimate need of State and local governments to 
have the flexibility they need to generate resources to adequately fund 
their programs and operations.
  As the only accountant in the Senate, I have a unique perspective on 
the dozens of tax proposals that are introduced in Congress each year. 
In addition, my service on the State and local levels and my 
experiences as a small business owner enable me to consider these bills 
from more than one viewpoint.
  I understand the importance of protecting and promoting the growth of 
Internet commerce because of its potential economic benefits. It is a 
valuable resource because it provides access on demand. In addition, it 
is estimated that the growth of online businesses will create millions 
of new jobs nationwide in the coming years. Therefore, I do not support 
a tax on the use of Internet itself.
  I do, however, have concerns about using the Internet as a sales tax 
loophole. Sales taxes go directly to State and local governments and I 
am very leery of any Federal legislation that bypasses their 
traditional ability to raise revenue to perform needed services such as 
school funding, road repair and law enforcement. I will not force 
States into a huge new exemption. While those who advocate a permanent 
loophole on the collection of a sales tax over the Internet claim to 
represent the principles of tax reduction, they are actually advocating 
a tax increase. Simply put, if Congress continues to allow sales over 
the Internet to go untaxed and electronic commerce continues to grow as 
predicted, revenues to State and local governments will fall and 
property taxes will have to be increased to offset lost revenue or 
States who do not have or believe in State income taxes will be forced 
to start one.
  Furthermore, State and local revenues and budgets are especially 
critical now as these governments are responding to protect the 
security of all of our citizens and businesses. Any action to

[[Page S10653]]

extend the current moratorium without creating a level playing field 
would perpetuate a fundamental inequity and ignore a growing problem 
that will gravely affect the readiness of the nation.
  After months of hard work, negotiations, and compromise, the Internet 
Tax Moratorium and Equity Act has been introduced. I would like to 
commend several of my colleagues for their commitment to finding a 
solution and working with all parties to find that solution. I know 
this bill is the solution. The bill makes permanent the existing 
moratorium on Internet access taxes, but extends the current moratorium 
on multiple and discriminatory taxes for an additional four years 
through December 31, 2005.
  Throughout the past several years, we have heard that catalog and 
Internet companies say they are willing to allow and collect sales tax 
on interstate sales, regardless of traditional or Internet sales, if 
States will simplify collections to one rate per State sent to one 
location in that State. I think that is a reasonable request. I have 
heard the argument that computers make it possible to handle several 
thousand tax entities, but from an auditing standpoint as well 
as simplicity for small business, I support one rate per State. I think 
the States should have some responsibility for redistribution not a 
business forced to do work for government. Therefore, the bill would 
put Congress on record as urging States and localities to develop a 
streamlined sales and use tax system, which would include a single, 
blended tax rate with which all remote sellers can comply. You need to 
be aware that States are prohibited from gaining benefit from the 
authority extended in the bill to require sellers to collect and remit 
sales and use taxes on remote sales if the States have not adopted the 
simplified sales and use tax system.

  Further, the bill would authorize States to enter into an Interstate 
Sales and Use Tax Compact through which members would adopt the 
streamlined sales and use tax system. Congressional authority and 
consent to enter into such a compact would expire if it has not 
occurred by January 1, 2006. The bill also authorizes States to require 
all other sellers to collect and remit sales and use taxes on remote 
sales unless Congress has acted to disapprove the compact by law within 
a period of 120 days after the Congress receives it.
  The bill also calls for a sense of the Congress that before the end 
of the 107th Congress, legislation should be enacted to determine the 
appropriate factors to be considered in establishing whether nexus 
exists for State business activity tax purposes.
  I am introducing this bill today because I do not think there is 
adequate protection now. It is very important we do not build 
electronic loopholes on the Internet, an ever-changing Internet, one 
that is growing by leaps and bounds, one that is finding new technology 
virtually every day.
  I recognize this body has a constitutional responsibility to regulate 
interstate commerce. Furthermore, I understand the desire of several 
senators to protect and promote the growth of Internet commerce. 
Internet commerce is an exciting field. It has a lot of growth 
potential. The new business will continue to create millions of new 
jobs in the coming years.
  The exciting thing about that for Wyomingites is that our merchants 
do not have to go where the people are. For people in my State, that 
means their products are no longer confined to a local market. They do 
not have to rely on expensive catalogs to sell merchandise to the big 
city folks. They do not have to travel all the way to Asia to display 
their goods. The customer can come to us on the Internet. It is a 
remarkable development, and it will push more growth for small 
manufacturers in rural America, especially in my State. We have seen 
some of the economic potential in the Internet and will continue this 
progress. It is a valuable resource because it provides access on 
demand. It brings information to your fingertips when you want it and 
how you want it.
  I am very concerned, however, with any piece of legislation that 
mandates or restricts State and local governments' ability to meet the 
needs of its citizens. This has the potential to provide electronic 
loopholes that will take away all of their revenue. The Internet Tax 
Moratorium and Equity Act would designate a level playing field for all 
involved--business, government, and the consumer.
  The States, and not the Federal Government, should have the right to 
impose, or not to impose, consumption taxes as they see fit. The 
reality is that emergency response personnel, law enforcement 
officials, and other essential services are funded largely by States 
and local governments, especially through sales taxes. Passing an 
extension of the current moratorium without taking steps toward a 
comprehensive solution would leave many States and local communities 
unable to fund their services. I urge my colleagues to support it.
                                 ______
                                 
      By Mr. DASCHLE (for himself, Mr. Lott, Ms. Landrieu, and Mr. 
        Allen):
  S.J. Res. 25. A joint resolution designating September 11 as 
``National Day of Remembrance''; considered and passed.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 25

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Day of Remembrance 
     Act of 2001''.

     SEC. 2. NATIONAL DAY OF REMEMBRANCE.

       (a) Designation.--September 11 is National Day of 
     Remembrance.
       (b) Proclamation.--The President is requested to issue each 
     year a proclamation--
       (1) remembering those who tragically lost their lives as a 
     result of the terrorist attacks on the United States on 
     September 11, 2001, and honoring the police, firefighters, 
     and emergency personnel who responded with such valor on 
     September 11, 2001;
       (2) calling on United States Government officials to 
     display the flag of the United States at half mast on 
     National Day of Remembrance in honor of those who lost their 
     lives as a result of the terrorist attacks on the United 
     States on September 11, 2001;
       (3) inviting State and local governments and the people of 
     the United States to observe National Day of Remembrance with 
     appropriate ceremonies; and
       (4) urging all people of the United States to observe a 
     moment of silence on National Day of Remembrance in honor of 
     those who lost their lives as a result of the terrorist 
     attacks on the United States on September 11, 2001.

                          ____________________