[Pages S9441-S9443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DASCHLE (for himself and Mr. Lott.)
S. 1426. A bill making emergency supplemental appropriations for
fiscal year 2001 for additional disaster assistance, for anti-terrorism
initiatives, and for assistance in the recovery from the tragedy that
occurred on September 11, 2001, and for other purposes, considered and
passed.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1426

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

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT

Emergency Response Fund

(including transfers of funds)

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

General Provisions

Sec. 1. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
Sec. 2. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, may be obligated and
expended notwithstanding section 10 of Public Law 91-672,
section 313 of the Foreign Relations Authorization Act,
fiscal years 1994 and 1995, and section 15 of the State
Department Basic Authorities Act of 1956.
This Act may be cited as the ``2001 Emergency Supplemental
Appropriations Act for Recovery from and Response to
Terrorist Attacks on the United States.''
______

By Mrs. HUTCHISON:
S. 1427. A bill to amend title 10, United States Code, to authorize
disability retirement to be granted posthumously for members of the
Armed Forces who die in the line of duty while on active duty, and for
other purposes; to the Committee on Armed Services.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1427

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

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

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

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

``(a) Authority.--Upon a determination by the Secretary
concerned that it is advantageous for the survivors of a
member of the

[[Page S9442]]

armed forces who dies in the line of duty while on active
duty, the Secretary concerned may--
``(1) posthumously retire the member under section 1201 of
this title effective immediately before the member's death;
and
``(2) make for the deceased member any election with
respect to survivor benefits under laws referred to in
subsection (c) that the deceased member would have been
entitled to make upon being retired under that section,
except that the Secretary may not make an election under
section 1448(b)(1) or 1458 of this title.
``(b) Construction With Section 1201 Requirements.--Nothing
in this section modifies the requirements set forth in
section 1201 of this title regarding determinations or
eligibility.
``(c) Administration of Benefits Laws.--A retirement and
election under subsection (a) shall be effective for the
purposes of laws administered by the Secretary of Defense or
any Secretary concerned and laws administered by the
Secretary of Veterans Affairs.
``(d) Nonreviewability of Determinations.--A determination
or election made by a Secretary concerned under subsection
(a) is not subject to judicial review.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

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

SEC. 2. SURVIVOR BENEFIT PLAN.

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

SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

This Act and the amendments made by this Act shall take
effect on September 10, 2001, and shall apply with respect to
deaths of members of the Armed Forces occurring on or after
that date.
______

By Mr. JOHNSON:
S. 1430. A bill to authorize the issuance of Unity Bonds in response
to the acts of terrorism perpetrated against the United States on
September 11, 2001, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
Mr. JOHNSON. Mr. President, I rise today to offer a bill to unite our
citizens in this time of great crisis. As Americans, we feel many
emotions, from anger to sadness, because of the tragedy of the
terrorist attacks this past week.
The American people have responded with incredible acts of heroism,
kindness and generosity. The outpouring of volunteers, blood donors and
contributions of food and money demonstrates that America will unite to
provide relief to the victims of these cowardly terrorist acts. This
response is the true American spirit our country has always known.
So many of my constituents in South Dakota have called my office this
week to ask what they can possibly do to help their fellow Americans
who are suffering today. Many have given blood, others have donated to
aid organizations, and most have offered prayers for the victims and
their families. One woman asked whether she could buy the equivalent of
the old war bonds that allowed our citizens to contribute to the war
effort back in World War II.
Based on my constituent's idea, today I am introducing legislation
that directs the United States Treasury to issue Unity Bonds. Americans
who purchase these savings bonds will be contributing to disaster
relief to the victims of Tuesday's attack and to our Nation's war
against terrorism.
We will recover from this week's attacks. We will rebuild our
Nation's infrastructure, and we will rebuild our Nation's spirit. But
it will take a sustained, long-term effort to stamp out terrorism
against the United States and all other liberty-loving nations.
Unity Bonds will allow Americans who want to show their support for
this great country to participate in a meaningful way. I urge you to
join me in helping to unite our citizens.
______

By Mr. McCONNELL (for himself and Mr. Burns):
S. 1143. A bill to authorize the Secretary of the Treasury to issue
War Bonds in support of recovery and response efforts relating to the
September 11, 2001 hijackings and attacks on the Pentagon and the World
Trade Center, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. McCONNELL. Mr. President, no American was spared from the
horrific and violent assaults on New York and the Pentagon which
shocked us all the morning of September 11, 2001. Yet, even as heroic
rescue workers sift through the rubble that remains, our nation is
coming together in its resolve to respond to these despicable acts.
This indefatigable spirit is a shining symbol of America's resilience
and purpose.
The United States will undoubtedly meet the challenges which we now
face. As President Bush has stated, ``Now that war has been declared on
us, we will lead the world to victory.''
Winning the war against terrorism will require the full support of
the American public who stand so anxious and so willing to contribute.
Therefore, today I am introducing legislation to direct the Department
of the Treasury to establish a special category of U.S. savings bonds
designated War Bonds.
These War Bonds will give voice to countless Americans who are
looking for opportunities to make a difference in this time of need. By
investing in a U.S. War Bond, patriotic citizens will have an
opportunity to make a direct contribution to the war against the
scourge of terrorism and provide much-needed resources for the effort
to rescue the injured, rebuild the broken, and retaliate against the
enemy.
America's battle against the evil of terrorism will amount to much
more than the immediate steps which are being undertaken in the
aftermath of Tuesday's carnage. Unlike previous conflicts when
Americans had the luxury of recognizing a precise moment of victory,
this battle's success will be assured only if our shores never again
fall victim to terrorist acts. Thus, by definition, this war will be
ongoing. As such, it will be essential for our Government to generate
consistent public support for its actions.
The national campaign to sell U.S. War Bonds will serve not only to
generate revenue, but will provide an opportunity to educate all
Americans on the complicated nature of the terrorist threat and the
resulting comprehensive nature of our response. This national effort
will build on one of American's proudest traditions. Dating from the
Revolutionary War through World War II, our country has relied upon
U.S. War Bonds to respond to the threats posed by our most dangerous
enemies. The World War II effort generated more than $200 billion in
revenue from patriotic Americans eager to respond to the call of duty.
I have no doubt that today's Americans will respond in kind, thus
providing unprecedented support for the long road ahead.
I call on all of my colleagues to join me in supporting this
legislation.
______

By Mr. DASCHLE (for himself, and Mr. Lott):
S.J. Res. 23. A joint resolution to authorize the use of United
States Armed Forces against those responsible for the recent attacks
launched against the United States; considered and passed.

[[Page S9443]]

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. 23

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

SECTION 1. SHORT TITLE.

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

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

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

____________________