[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[Senate]
[Pages 17066-17068]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DASCHLE (for himself and Mr. Lott.)
  S. 1426. A bill making emergency supplemental appropriations for 
fiscal year 2001 for additional disaster assistance, for anti-terrorism 
initiatives, and for assistance in the recovery from the tragedy that 
occurred on September 11, 2001, and for other purposes, considered and 
passed.
  Mr. DASCHLE. Mr. President, 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. 1426

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, to provide emergency 
     supplemental appropriations for fiscal year 2001, namely:

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                        Emergency Response Fund


                     (including transfers of funds)

       For emergency expenses to respond to the terrorist attacks 
     on the United States that occurred on September 11, 2001, to 
     provide assistance to the victims of the attacks, and to deal 
     with other consequences of the attacks, $40,000,000,000, to 
     remain available until expended, including for the costs of 
     (1) providing Federal, State, and local preparedness for 
     mitigating and responding to the attacks, (2) providing 
     support to counter, investigate, or prosecute domestic or 
     international terrorism, (3) providing increased 
     transportation security, (4) repairing public facilities and 
     transportation systems damaged by the attacks, and (5) 
     supporting national security: Provided, That these funds may 
     be transferred to any authorized Federal Government activity 
     to meet the purposes of this Act: Provided further, That the 
     Congress designates the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided 
     further, That $40,000,000,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of the $40,000,000,000 as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, is transmitted by the President 
     to the Congress: Provided further, That the President shall 
     consult with the chairmen and ranking minority members of the 
     Committees on Appropriations prior to the transfer of these 
     funds: Provided further, That of the $40,000,000,000 made 
     available herein, $10,000,000,000 shall not be available for 
     transfer to any Department or Agency until 15 days after the 
     Director of the Office of Management and Budget has submitted 
     to the House and Senate Committees on Appropriations a 
     proposed allocation and plan for use of the funds for that 
     Department or Agency; $20,000,000,000 may be obligated only 
     when enacted in a subsequent emergency appropriations bill, 
     in response to the terrorists acts on September 11, 2001: 
     Provided further: That the President shall transmit an 
     amended budget request proposing an allocation of funds: 
     Provided further: That not less than one-half of the 
     $40,000,000,000 shall be for disaster recovery activities and 
     assistance related to the terrorists acts in New York, 
     Virginia, and Pennsylvania on September 11, 2001, as 
     authorized by law: Provided further: That the Director of the 
     Office of Management and Budget shall provide quarterly 
     reports to the Committees on Appropriations on the use of 
     these funds, beginning not later than January 2, 2002: 
     Provided further: That the President shall submit to the 
     Congress as soon as practicable detailed requests to meet any 
     further funding requirements for the purposes specified in 
     this Act.

                           General Provisions

       Sec. 1. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414).
       Sec. 2. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, may be obligated and 
     expended notwithstanding section 10 of Public Law 91-672, 
     section 313 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995, and section 15 of the State 
     Department Basic Authorities Act of 1956.
       This Act may be cited as the ``2001 Emergency Supplemental 
     Appropriations Act for Recovery from and Response to 
     Terrorist Attacks on the United States.''
                                 ______
                                 
      By Mrs. HUTCHISON:
  S. 1427. A bill to amend title 10, United States Code, to authorize 
disability retirement to be granted posthumously for members of the 
Armed Forces who die in the line of duty while on active duty, and for 
other purposes; to the Committee on Armed Services.
  Mrs. HUTCHISON. Mr. President, 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. 1427

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

     SECTION 1. POSTHUMOUS DISABILITY RETIREMENT FOR MEMBERS OF 
                   THE ARMED FORCES WHO DIE IN THE LINE OF DUTY 
                   WHILE ON ACTIVE DUTY.

       (a) Authority.--Chapter 61 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1222. Posthumous retirement: retroactive effective 
       date; related elections

       ``(a) Authority.--Upon a determination by the Secretary 
     concerned that it is advantageous for the survivors of a 
     member of the armed forces who dies in the line of duty while 
     on active duty, the Secretary concerned may--
       ``(1) posthumously retire the member under section 1201 of 
     this title effective immediately before the member's death; 
     and
       ``(2) make for the deceased member any election with 
     respect to survivor benefits under laws referred to in 
     subsection (c) that the deceased member would have been 
     entitled to make upon being retired under that section, 
     except that the Secretary may not make an election under 
     section 1448(b)(1) or 1458 of this title.
       ``(b) Construction With Section 1201 Requirements.--Nothing 
     in this section modifies the requirements set forth in 
     section

[[Page 17067]]

     1201 of this title regarding determinations or eligibility.
       ``(c) Administration of Benefits Laws.--A retirement and 
     election under subsection (a) shall be effective for the 
     purposes of laws administered by the Secretary of Defense or 
     any Secretary concerned and laws administered by the 
     Secretary of Veterans Affairs.
       ``(d) Nonreviewability of Determinations.--A determination 
     or election made by a Secretary concerned under subsection 
     (a) is not subject to judicial review.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1222. Posthumous retirement: retroactive effective date; related 
              elections.''.

     SEC. 2. SURVIVOR BENEFIT PLAN.

       (a) Surviving Spouse Annuity.--Section 1448(d) of title 10, 
     United States Code, is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Surviving spouse annuity.--The Secretary concerned 
     shall pay an annuity under this subchapter to the surviving 
     spouse of a member who--
       ``(A) dies in the line of duty while on active duty after--
       ``(i) becoming eligible to receive retired pay;
       ``(ii) qualifying for retired pay except that the member 
     has not applied for or been granted that pay; or
       ``(iii) completing 20 years of active service but before 
     the member is eligible to retire as a commissioned officer 
     because the member has not completed 10 years of active 
     commissioned service; or
       ``(B) dies in the line of duty while on active duty and is 
     posthumously retired under section 1201 of this title 
     pursuant to section 1222 of this title.''.
       (b) Dependent Child Annuity.--Paragraph (2) of such section 
     is amended by striking ``or if the member's surviving spouse 
     subsequently dies'' and inserting ``or if the payment of an 
     annuity to the member's surviving spouse under that paragraph 
     subsequently terminates''.
       (c) Computation of Survivor Annuity.--Section 1451(c) of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(5) Service members posthumously retired.--In the case of 
     an annuity provided under section 1448(d)(1)(B) of this 
     title, the retired pay to which the member would have been 
     entitled when the member died shall be determined for 
     purposes of paragraph (1) based upon the retired pay base 
     computed for the member under section 1406(b) or 1407 of this 
     title as if the member had been retired under section 1201 of 
     this title on the date of the member's death.''.
       (d) Conforming Amendment.--Section 1451(c)(3) of such title 
     is amended by striking ``section 1448(d)(1)(B) or 
     1448(d)(1)(C)'' and inserting ``clause (ii) or (iii) of 
     section 1448(d)(1)(A)''.

     SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

       This Act and the amendments made by this Act shall take 
     effect on September 10, 2001, and shall apply with respect to 
     deaths of members of the Armed Forces occurring on or after 
     that date.
                                 ______
                                 
      By Mr. JOHNSON:
  S. 1430. A bill to authorize the issuance of Unity Bonds in response 
to the acts of terrorism perpetrated against the United States on 
September 11, 2001, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. JOHNSON. Mr. President, I rise today to offer a bill to unite our 
citizens in this time of great crisis. As Americans, we feel many 
emotions, from anger to sadness, because of the tragedy of the 
terrorist attacks this past week.
  The American people have responded with incredible acts of heroism, 
kindness and generosity. The outpouring of volunteers, blood donors and 
contributions of food and money demonstrates that America will unite to 
provide relief to the victims of these cowardly terrorist acts. This 
response is the true American spirit our country has always known.
  So many of my constituents in South Dakota have called my office this 
week to ask what they can possibly do to help their fellow Americans 
who are suffering today. Many have given blood, others have donated to 
aid organizations, and most have offered prayers for the victims and 
their families. One woman asked whether she could buy the equivalent of 
the old war bonds that allowed our citizens to contribute to the war 
effort back in World War II.
  Based on my constituent's idea, today I am introducing legislation 
that directs the United States Treasury to issue Unity Bonds. Americans 
who purchase these savings bonds will be contributing to disaster 
relief to the victims of Tuesday's attack and to our Nation's war 
against terrorism.
  We will recover from this week's attacks. We will rebuild our 
Nation's infrastructure, and we will rebuild our Nation's spirit. But 
it will take a sustained, long-term effort to stamp out terrorism 
against the United States and all other liberty-loving nations.
  Unity Bonds will allow Americans who want to show their support for 
this great country to participate in a meaningful way. I urge you to 
join me in helping to unite our citizens.
                                 ______
                                 
      By Mr. McCONNELL (for himself and Mr. Burns):
  S. 1143. A bill to authorize the Secretary of the Treasury to issue 
War Bonds in support of recovery and response efforts relating to the 
September 11, 2001 hijackings and attacks on the Pentagon and the World 
Trade Center, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. McCONNELL. Mr. President, no American was spared from the 
horrific and violent assaults on New York and the Pentagon which 
shocked us all the morning of September 11, 2001. Yet, even as heroic 
rescue workers sift through the rubble that remains, our nation is 
coming together in its resolve to respond to these despicable acts. 
This indefatigable spirit is a shining symbol of America's resilience 
and purpose.
  The United States will undoubtedly meet the challenges which we now 
face. As President Bush has stated, ``Now that war has been declared on 
us, we will lead the world to victory.''
  Winning the war against terrorism will require the full support of 
the American public who stand so anxious and so willing to contribute. 
Therefore, today I am introducing legislation to direct the Department 
of the Treasury to establish a special category of U.S. savings bonds 
designated War Bonds.
  These War Bonds will give voice to countless Americans who are 
looking for opportunities to make a difference in this time of need. By 
investing in a U.S. War Bond, patriotic citizens will have an 
opportunity to make a direct contribution to the war against the 
scourge of terrorism and provide much-needed resources for the effort 
to rescue the injured, rebuild the broken, and retaliate against the 
enemy.
  America's battle against the evil of terrorism will amount to much 
more than the immediate steps which are being undertaken in the 
aftermath of Tuesday's carnage. Unlike previous conflicts when 
Americans had the luxury of recognizing a precise moment of victory, 
this battle's success will be assured only if our shores never again 
fall victim to terrorist acts. Thus, by definition, this war will be 
ongoing. As such, it will be essential for our Government to generate 
consistent public support for its actions.
  The national campaign to sell U.S. War Bonds will serve not only to 
generate revenue, but will provide an opportunity to educate all 
Americans on the complicated nature of the terrorist threat and the 
resulting comprehensive nature of our response. This national effort 
will build on one of American's proudest traditions. Dating from the 
Revolutionary War through World War II, our country has relied upon 
U.S. War Bonds to respond to the threats posed by our most dangerous 
enemies. The World War II effort generated more than $200 billion in 
revenue from patriotic Americans eager to respond to the call of duty. 
I have no doubt that today's Americans will respond in kind, thus 
providing unprecedented support for the long road ahead.
  I call on all of my colleagues to join me in supporting this 
legislation.
                                 ______
                                 
      By Mr. DASCHLE (for himself, and Mr. Lott):
  S.J. Res. 23. A joint resolution to authorize the use of United 
States Armed Forces against those responsible for the recent attacks 
launched against the United States; 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:

[[Page 17068]]



                              S.J. Res. 23

       Whereas, on September 11, 2001, acts of treacherous 
     violence were committed against the United States and its 
     citizens; and
       Whereas, such acts render it both necessary and appropriate 
     that the United States exercise it rights to self-defense and 
     to protect United States citizens both at home and abroad, 
     and
       Whereas, in light of the threat to the national security 
     and foreign policy of the United States posed by these grave 
     acts of violence, and
       Whereas, such acts continue to pose an unusual and 
     extraordinary threat to the national security and foreign 
     policy of the United States,
       Whereas, the President has authority under the Constitution 
     to take action to deter and prevent acts of international 
     terrorism against the United States.
       Resolved by the Senate and the House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This joint resolution may be cited as the ``Authorization 
     for Use of Military Force''.

     SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

       (a) That the President is authorized to use all necessary 
     and appropriate force against those nations, organizations, 
     or persons he determines planned, authorized, committed, or 
     aided the terrorist attacks that occurred on September 11, 
     2001, or harbored such organizations or persons, in order to 
     prevent any future acts of international terrorism against 
     the United States by such nations, organizations or persons.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, the Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.

                          ____________________