[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.

____________________