Don Young

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, H.R. 517, introduced by Mrs. Miller of Michigan, would direct the Commandant of the Coast Guard to convey the Coast Guard Cutter Bramble, upon its scheduled decommissioning, to the Port Huron Museum of Arts and History located in Port Huron, Michigan for use for education and historical display. As amended, H.R. 517 would also direct the Commandant of the Coast Guard to convey the Coast Guard Cutter Planetree, decommissioned on March 19, 1999, to Jewish Life, a nonprofit corporation that promotes the understanding of Jewish history and culture. The vessel will serve as a symbolic ship honoring the original 66 Exodus ships, their crewmembers, and the 77,000 Holocaust survivors they brought to Israel. Before the vessels are conveyed, the recipients of the vessels must agree to (1) use the designated vessel for education and historical display; (2) not use the vessel for commercial transportation; (3) make the vessel available in time of war or national emergency; and (4) hold the government harmless for any claims arising from exposure to hazardous materials. The recipients must also show their financial viability. I urge the House to pass this legislation. Returning these decommissioned Coast Guard cutters to missions of public service benefits the public by providing important education and outreach activities.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise today to offer my full support for House Concurrent Resolution 128, authorizing the use of the Capitol Grounds for the 2003 DC Special Olympics Law Enforcement Torch Run. This event occurs in over 35 countries, but was founded by the Chief of Police in Wichita, Kansas, who saw a unique opportunity to raise funds and increase awareness about the Special Olympics. The event was then adopted by the International Association of Police Chiefs. This is the 18th year the event has been held on the Capitol Grounds, and each year it is the largest single grass-roots fundraising event for the Special Olympics. Every two years, law enforcement officers representing their State or Nation's Torch Run program comprise a final leg team which carries the ``Flame of Hope'' into the opening ceremonies of the Special Olympics World Games. I am proud to support this resolution, and encourage my colleagues to do the same.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise today in support of H.R. 281, designating the Federal Building and United States Courthouse, located at 200 West 2nd Street, in Dayton, OH, the ``Tony Hall Federal Building and United States Courthouse.'' Born and raised in Dayton, OH, Congressman Hall attended the public schools of Dayton, graduating from Fairmont High School in 1960. He went on to attend Denison University in Granville, OH. While most Members know that Congressman Hall earned success in the classroom, what many don't know is that he also earned high honors for his work on the gridiron, being named a Little All American as a running back at Denison University. After graduation, he served in the Peace Corps in Thailand, upon his return he served in both the Ohio House of Representatives and the State Senate before being elected to honorably serve for 12 terms in this body. While in this body, and as the founder and chairman of the Congressional Hunger Caucus, Congressman Hall aggressively fought to ensure that no person, anywhere, went hungry. In 2002, Tony Hall accepted a Presidential appointment to the United Nations Food and Agriculture Programs, a post from which he can continue this important work. I join my colleagues in wishing Tony Hall the best of luck in his new position. I support the legislation, and encourage my colleagues to do the same.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of this well crafted bipartisan bill. The Committee on Transportation and Infrastructure produced the current aviation law, and subsequent updates, that protects survivors and families of accident victims against ill-treatment after major airline accidents. Today, we are considering a closely parallel measure that would offer the same protections in the wake of any major railroad passenger train accident. The successful record of the Aviation Family Assistance Law since its enactment in 1996, and the strong track record of the National Transportation Safety Board in administering that law, make me highly confident that this bill, once enacted, will be just as successful. Fortunately, there have been only a handful of rail passenger accidents involving fatalities in the last several years. Just as with aviation, we hope there are none. But it is only prudent to have in place common sense procedures that can be put into play by the NTSB and the other organizations with which it works, if a major accident happens. This measure is a completely bipartisan product. With the exception of some technical updates, it is essentially the same legislation that the House has overwhelmingly approved in two previous Congress'. This time, we hope the other body will act, which it has failed to do in the past. But we need to get the process moving now, to get these much needed procedures in place. I strongly urge approval of this well crafted bipartisan legislation.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 866, ``The Wastewater Treatment Works Security Act of 2003.'' Our nation's wastewater infrastructure consists of: 16,000 publicly owned wastewater treatment plants, 100,000 major pumping stations, 600,000 miles of sanitary sewers, and 200,000 miles of storm sewers. Taken together, our wastewater infrastructure has a total value of more than $2 trillion. Significant damage to our nation's wastewater facilities could result in loss of life, catastrophic environmental damage, contamination of drinking water supplies, long term public health impacts, destruction of fish and shellfish production, and disruption to commerce, the economy, and our nation's way of life. We need to protect our investment in our wastewater infrastructure and be sure it is not used to harm our people, property, or the environment. H.R. 866 is aimed at filling a remaining major security gap involving our nation's critical infrastructure: H.R. 866 provides for assistance to wastewater utilities by authorizing critical resources they need to conduct vulnerability assessments and implement security enhancements at their facilities. H.R. 866 also provides for technical assistance directed to small communities on enhancing security at their wastewater plants. For these reasons, I urge all members to support this bill.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise today to offer my full support for House Concurrent Resolution 96, authorizing the use of the Capital Grounds for the 22nd Annual Peace Officers' Memorial Service. My own State of Alaska lost a peace officer during 2002 who will be remembered at this ceremony. On November 19, 2002, while transporting prisoners to Spring Creek Correctional Center, Correctional Officer James Hesterberg was killed when the vehicle he was driving was struck head-on by a tractor trailer on the Seward Highway about 20 miles north of Seward, Alaska. A correctional officer for 19 years, he is survived by his wife and three children. This service, honoring the 152 men and women who lost their lives while protecting our Nation, is a part of police week, which features events including a ``Blue Mass'' at St. Patrick's Catholic Church; Law Ride Motorcycle Procession; and a candlelight vigil, which will be held at 8:00 P.M. on Tuesday May 13. I encourage my colleagues to support these important events, which honor not only the men and women who gave their lives while protecting our country, but the thousands of others that continue to do so. I support this resolution and encourage my colleagues to give it their full support.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise today to applaud the more than 1200 students from across the United States that traveled to Washington, D.C. this past weekend to compete in the national finals of the We the People: The Citizen and the Constitution program. Administered by the Center for Civic Education and funded by the U.S. Department of Education, We the People is the most extensive educational program in the country developed specifically to educate young people about the Constitution and the Bill of Rights. I am proud to announce that students from West Anchorage High School in Anchorage represented the state of Alaska in this national event. These young scholars have worked conscientiously to reach the national finals by participating at local and statewide competitions. As a result of their experience, they have gained a deep knowledge and understanding of the fundamental principles and values of our constitutional democracy. For the first time in the competition's history, a team from Alaska participated in the events' final round and finished the competition in 4th Place. The three-day We the People national competition is modeled after hearings in the United States Congress. The hearings consist of oral presentations by high school students before a panel of adult judges on constitutional topics. The students are given an opportunity to demonstrate their knowledge while they evaluate, take, and defend positions on relevant historical and contemporary issues. Their testimony is followed by a period of questioning by the judges who probe the students' depth of understanding and ability to apply their constitutional knowledge. The We the People program provides curricular materials at upper elementary, middle, and high school levels. The curriculum not only enhances students' understanding of the institutions of American constitutional democracy, it also helps them identify the contemporary relevance of the Constitution and Bill of Rights. Critical thinking exercises, problem-solving activities, and cooperative learning techniques help develop participatory skills necessary for students to become active, responsible citizens. Independent studies by the Educational Testing Service (ETS) revealed that students enrolled in the We the People program at upper elementary, middle, and high school levels ``significantly outperformed comparison students on every topic of the tests taken.'' Another study by Richard Brody at Stanford University discovered that students involved in the We the People program develop greater commitment to democratic principles and values than do students using traditional textbooks and approaches. I am proud to have the class from West Anchorage High School represent my home state of Alaska and I applaud their historic 4th Place finish. It is inspiring to see these young people advocate the fundamental ideals and principles of our government, ideas that identify us as a people and bind us together as a nation. It is important for future generations to understand these values and principles, which we hold as standards in our endeavor to preserve and realize the promise of our constitutional democracy. I wish these young ``constitutional experts'' the best of luck in all of their future endeavors.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Chairman, on rollcall No. 135 I was unavoidably detained and missed the vote by one minute. Had I been present, I would have voted ``no.'' Announcement by the Chairman Pro Tempore

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Chairman, I thank the gentleman for yielding time to me. The gentleman from California (Mr. Pombo) is a great committee chairman. One thing that bothers me the most, the gentleman from Massachusetts (Mr. Markey) has never been to ANWR, the gentlewoman from Connecticut (Mrs. Johnson) has never been to ANWR, the gentleman from New York (Mr. Boehlert) has never been to ANWR. They do not know what they are talking about, period. They are literally taking scripted messages from certain interest groups, that is all they are doing, and mimicking their words. My people, my people the Kaktovik, they want this drilling. The Eskimos that live there want this drilling. They have seen what has happened in Prudhoe Bay, which has in fact increased the population of the caribou, increased the game population overall. We can do this safely. To have people sit on this floor, because it is supposed to be the hall of the people, the Representatives of the people, to speak about something they know nothing about is, frankly, very disturbing to me. I am one of these few people who understand one thing: this is a form of representative government. The gentleman from Massachusetts (Mr. Markey) did not go. He had an opportunity to go up and listen to the people, my people, many people who were guaranteed 92,000 acres by this body, and they had it for their social and economic well-being; and you are telling them they cannot in fact drill on their own land. Shame on you.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Madam Speaker, I would like to enter the following letter into the Record. March 24, 2003. Hon. Richard W. Pombo, Chairman, Committee on Resources, Longworth House Office Building, Washington, DC. Dear Chairman Pombo: Thank you for your letter with regard to H.R. 961, the Upper Mississippi River Basin Protection Act which provides for sediment and nutrient monitoring of the watershed. I recognize your desire to bring this bill before the House in an expeditious manner and will not exercise my Committee's right to a sequential referral of the legislation. By agreeing to waive its consideration of the bill, however, the Committee on Transportation and Infrastructure does not waive its jurisdiction over H.R. 961. In addition, the Transportation and Infrastructure Committee reserves its authority to seek conferees on provisions of the bill that are within its jurisdiction during any House-Senate conference that may be convened on this legislation. I thank you for your commitment in advance to support any request by the Transportation and Infrastructure Committee for conferees on H.R. 961. Your cooperation in this matter is very much appreciated. Sincerely, Don Young, Chairman.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Chairman, I thank the chairman for yielding. I rise in support of H. Con. Res. 95, the concurrent resolution on the budget for fiscal year of 2004. First, I would like to thank the gentleman from Iowa (Mr. Nussle) for his willingness to work in partnership with me to ensure that this budget resolution lays the groundwork for a successful reauthorization of highway and transit programs. I am pleased that this resolution includes a contingency procedure for surface transportation, which will provide the flexibility we need to reauthorize our highway and transit programs. Under this contingency procedure, spending from the Highway Trust Fund for highway and transit programs will be increased above baseline levels to the extent that Highway Trust Fund receipts are increased. For every dollar increase in Highway Trust Fund receipts, a dollar increase in budget authority for highway and transit programs will be permitted. This contingency procedure is a necessary first step in our efforts to meet the infrastructure investment needs of our Nation's highways, bridges, and transit systems. I have three concerns with the resolution I hope can be worked out in conference. First, the baseline level assumed in the resolution for the trust fund share of transit programs is frozen at the fiscal year 2003- enacted level. The reason that has been given for this assumption is uncertainty over the solvency of the transit account of the Highway Trust Fund. I want to assure the chairman that my committee intends to restructure transit programs such that the solvency of the transit account will be ensured. This restructuring, which is also proposed in the President's budget, will allow the transit account of the Highway Trust Fund to support increased spending levels. Second, I am concerned that the resolution allocates just $3.378 billion each year for the airport improvement program. This is below the President's request and significantly below what will be needed to meet our airport capital needs when we reauthorize aviation programs later this year. Finally, I believe the reconciliation instructions for the Committee on Transportation and Infrastructure are based on unrealistic assumptions. Most of the mandatory spending under my committee's jurisdiction results from Coast Guard and railroad industry retirement programs. I do not agree with the assumption in the resolution that these programs can be cut. I hope to continue working cooperatively with the chairman on these concerns as the resolution goes to conference with the Senate. I would like to ask the chairman of the Committee on the Budget if he will continue to work with me to address these concerns.

Mr. YOUNG of Alaska. Mr. Chairman, again I thank the chairman for his work and working with me and trying to work through these important issues. I do believe we need a budget, and he has a tremendous task in front of him. He has done all he could for my area of transportation, and I urge support for this resolution.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, in the last Congress, I introduced a bill to set right an unfair situation dealt to Alaska Native Vietnam Veterans who were unaware that their rights to apply for their Native allotment were expiring while they were off in a foreign land fighting for our country. By far, American Indians and Alaska Natives have the highest percentage of answering their call to duty when there is a conflict of war. My bill would amend the Alaska Native Claims Settlement Act (ANCSA) to provide equitable treatment of Alaska Native Vietnam Veterans in their acquisition of land under the Native Allotment Act. This solution has been a long time in coming and my goal is to have Congress rectify this inequity. Approximately 2,800 Alaska Natives served in the military during the Vietnam conflict and did not have an opportunity to apply for their native allotment. Even though a prior ANCSA amendment gave Alaska Native Vietnam Veterans an opportunity to obtain their allotment, the Amendment contained three major obstacles providing a roadblock to actually obtaining it. First, Alaska Native Vietnam Veterans could only apply for land that was vacant and unreserved when their use first began. My bill will increase the available land by authorizing these veterans to apply for land that is federally owned and vacant. This is necessary because most land in Alaska is not available for Alaska Native Vietnam Veterans veteran allotment application under existing law. For example, there is no land available in southeast Alaska because it either is within the Tongass National Forest or has been selected or conveyed to the State of Alaska or ANCSA Corporations. Second, Alaska Native Vietnam Veterans could only apply if they served in active military duty from January 1, 1969 to December 31, 1971. My bill will expand the military service dates to August 5, 1964 through May 7, 1975, the dates of the entire Vietnam conflict. Third, Alaska Native Vietnam Veterans had to prove they used the desired allotment land in a continuous and independent manner for five or more years. My bill will replace existing use and occupancy requirements with legislative approval of allotment applications. Many Alaska Native Vietnam Veterans could not meet use and occupancy requirements as a result of military service. This bill changes that so that a deserving Alaska Native Vietnam veteran would not be rejected if that veteran were unable to complete the five years of use of the claimed land, before or after the war. This is an issue of fairness which is long overdue for my Alaska Native Vietnam Veterans. Never before has the federal government given partial benefits to only \1/4\ or \1/2\ of any veteran of any war. Fulfill our promise to all Alaska Native Vietnam Veterans and allow them to obtain their Native Allotment under the Native Allotment Act.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I am again introducing a bill to expand the Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal government within the State of Alaska. Many rural Alaska native communities are located within close proximity of refuges that play an important role in the culture of Alaska natives and other residents in rural Alaska. Congress, through Sections 1307 and 1308 of the Alaska National Interest Lands Conservation Act (ANILCA) of 1980 directed the Secretary of the Interior to establish programs whereby Native lands were given preference for siting of conservation service unit facilities and for native hiring. These provisions also recognized that the Natives whose front and back yards were now part of the federal parks and preserves systems should be involved in the administering of the lands because of their special knowledge and expertise concerning the natural or cultural resources of such areas. P.L. 106-488 authorized two pilot projects in the Bering Straits and NANA Region in northwest Alaska. These include the following preserves: Bering Land Bridge National Preserve; Cape Krusentern National Monument; Kobuk Valley National Park; and Noatak National Preserve. Neither of these projects have been implemented. Twenty-three years have passed since the 1980 ANILCA amendments were enacted, and the contracting and native hire provisions remain unfulfilled by the Department of the Interior. My bill would remedy this by directing the Department of the Interior to implement sections 1307 and 1308 of the 1980 ANILCA amendments and enter into demonstration projects.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, in accordance with clause 2(a) of Rule XI of the Rules of the House, I am submitting for printing in the Record a copy of the Rules of the Committee on Transportation and Infrastructure for the 108th Congress, adopted on February 12, 2003. Rules of the Committee on Transportation and Infrastructure United States House of Representatives 108th Congress (Adopted February 12, 2003)

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I rise to speak about the Conference Report on S. 1214, which the House approved last week and is now ready for signature by the President. I would like to point out a particular concern that is addressed in Section 445 of the conference agreement. Section 445 addresses the current problem, and the potential for greater future problems, of local jurisdictions seeking to impose taxes and fees on vessels merely transiting or making innocent passage through navigable waters subject to the authority of the United States that are adjacent to the taxing community. We are seeing instances in which local communities are seeking to impose taxes or fees on vessels even where the vessel is not calling on, or landing, in the local community. These are cases where no passengers are disembarking, in the case of passenger vessels, or no cargo is being unloaded in the case of cargo vessels and where the vessels are not stopping for the purpose of receiving any other service offered by the port. In most instances, these types of taxes would not be allowed under the Commerce Clause of the United States Constitution. Unfortunately, without a statutory clarification, the only means to determine whether the burden is an impermissible burden under the Constitution is to pursue years of litigation. Section 445 of the Conference Report addresses this problem by clarifying the sole circumstances when a local jurisdiction may impose a tax or fee on vessels. Local governments, and other non-Federal interests, may impose taxes or fees only under an existing exception under the Water Resources Development Act or under extremely limited circumstances in which reasonable fees can be charged on a fair and equitable basis for the cost of service actually rendered to the vessel. The fees must also enhance the safety and efficiency of interstate and foreign commerce and represent at most a ``small burden'' on interstate and foreign commerce. Generally, taxes will not be allowed under this section. The sole exceptions are stated in Section 445. Mr. President, I support Section 445 as an important correction of a silence in current law that should not be allowed to imperil legitimate commerce.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I am pleased to submit the accompanying Joint Explanatory Statement of the Pipeline Safety Improvement Act of 2002. To expedite enactment of the significant pipeline safety reforms included in this bill, the leadership of the House Transportation and Infrastructure and Energy and Commerce Committees has worked with the Senate Commerce, Science, and Transportation Committee in developing the bill. This Joint Explanatory Statement therefore represents the views of the Chairmen and Ranking Members of the Transportation and Infrastructure Committee and the Energy and Commerce Committee, along with the Chairman and Ranking Member of the Senate Commerce Committee. This Joint Explanatory Statement will provide legislative history for interpreting this important pipeline safety legislation.

Mr. YOUNG of Alaska. Mr. Speaker, I move to call up H.R. 3429, as amended, from the desk, and pass the bill by unanimous consent. Mr. Speaker, the Max Cleland Over-the-Road Bus Security and Safety Act, H.R. 3429, will enhance the security of the nation's intercity bus network by directing the Secretary of Transportation to establish a grant program for security improvements to over-the-road operations. The bipartisan legislation was introduced last December, and was marked up by the full Transportation and Infrastructure Committee on June 13, 2002. The amended bill before you reflects an agreement between the House Transportation and Infrastructure Committee and the Senate Commerce Committee, which reported a companion bill, S. 1739. The Senate bill was introduced and championed by Senator Max Cleland, and the bill has been named for him to commemorate his work on this legislation. Since last year's terrorist attacks on New York and Washington, D.C., the Transportation Committee has re-examined the security of all modes of transportation. The intercity bus industry transports more than 750 million passengers a year, and is an important element of a intermodal national transportation system. Unfortunately, recent terrorist bombings on foreign buses and bus stations, as well as attacks against bus drivers here in the U.S., demonstrate the need for strengthened bus security. $15 million has already been appropriated for improvements to bus security in the fiscal year 2002 emergency supplemental, and another $15 million is pending for fiscal year 2003. It is imperative that we authorize this grant program now so the Secretary of Transportation will have direction from Congress on how these funds shall be spent. H.R. 3429 authorizes a total of $99 million for fiscal year 2003 from the general fund for discretionary grants to private operators of intercity bus service for a number of security-related costs, including: constructing or modifying terminals, bus garages or other facilities to assure security; protecting or isolating the bus driver; upgrading, purchasing, or installing passenger ticketing systems; employee training; hiring security officers; installing cameras and video surveillance equipment on buses and in facilities; creating employee identification and background check programs; establishing emergency communications systems; and implementing passenger screening programs at terminals and on buses. These grants can be made for new security improvements, or can be used to reimburse extraordinary security costs incurred in the wake of September 11, 2001. There are number of changes from the House Committee-reported bill, which can be summarized as follows: 1. The Secretary is directed to establish the grant program through the Federal Motor Carrier Safety Administration, the regulatory agency that is responsible for over-the-road bus safety. 2. The total authorization period is one year, rather than three years, and the total amount authorized is $99 million instead of $200 million. This program will be reauthorized in the larger context of TEA 21 reauthorization next year. 3. A new section requested by the Senate is included that requires an assessment of the current status of security issues as they relate to the over-the-road bus industry. This report is due in six months, and will be helpful to the authorizing Committees as we work on TEA 21 reauthorization. Mr. Speaker, thank you for allowing this bill to move through in these last days of the 107th Congress. Passed, as Amended by the Committee Amendment as Further Amended H.R. 2458, to enhance the management and promotion of electronic Government services and processes by establishing a Federal Chief Information Officer within the Office of Management and Budget, and by establishing a broad framework of measures that require using Internet- based information technology to enhance citizen access to Government information and services, and for other purposes.

Mr. YOUNG of Alaska. The purposes of this bill are to establish a direct grant program to help improve the system-wide security of over- the-road bus operations, and to authorize the Secretary of Transportation to conduct a security assessment of over-the-road bus operations. Over-the-road buses, or motorcoaches, operate in both commuter and intercity operations. The motorcoach industry, which includes regularly scheduled point-to-point service and chartered tour operations, carried more than 774 million passengers in the United States in 2000. According to the Bureau of Transportation Statistics, the intercity bus transportation industry serves 5000 locations nationwide, many of which are rural communities that might not have other modes of intercity transportation available to the public. Of the 4,000 bus companies operating in this country, 90 percent operate fewer than 25 buses. There are worrisome precedents for security breaches on buses. For example, in the Middle East, terrorists have used buses to cause mass casualties in a number of crowded cities. In the United States, Greyhound drivers and passengers were the targets of a least 4 serious assaults last year, one killing 7 passengers and another injuring 33 passengers, and at least 3 other serious security breaches. No other major United States transportation mode had as many incidents of passenger attacks during that period. These incidents occurred in states throughout the country, including Tennessee, Arizona, Utah, Oklahoma, Pennsylvania, and Vermont. In response to the incidents, bus companies have taken a number of steps to enhance security. These steps include: performing random screening of passengers and baggage at selected terminals; requiring ticket identification; providing cell phones to drivers as an interim emergency communications system; increasing security personnel in terminals; giving the driver the right to limit access to the first row of seats; and establishing information and communications systems to aid and coordinate with law enforcement. In the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States (P.L. 107-206), $15 million was provided of bus security improvements intended to address the same type of security-related issues as identified in this bill. This appropriation represents the first installment of funds for over-the-road bus security and the Mangers encourage the Secretary to move forward expeditiously to utilize these funds for their intended purpose. Section-by-section Analysis Section 1. Short title. This Act may be cited as the ``Max Cleland Over-the-Road Bus Security and Safety Act of 2002''. Section 2. Emergency over-the-road bus security assistance. This section directs the Secretary of Transportation, acting through the Administrator for the Federal Motor Carrier Safety Administration, to establish a program for making grants to private operators of over- the-road buses for system-wide security improvements to their operations. Improvements eligible for grants include: constructing and modifying terminals, garages, facilities and over-the-road buses to assure their security; improvements to protect or isolate the driver; upgrading, purchasing or installing manifest or ticketing systems; hiring security officers; training employees; installing surveillance equipment; conducting employee background checks; establishing emergency communications systems; and implementing passenger screening programs. Operators may also receive grants for eligible projects providing reimbursement for extraordinary security-related costs incurred since September 11, 2001. In making grants, the Secretary is directed to give due consideration to operators of over-the-road buses that have already taken measures to enhance security since September 11, 2001. This section also makes clear that grants under this bill will adhere to the existing requirements for over-the-road bus operators under section 3038(f) of the Transportation Equity Act for the 21st Century. The federal share will be 90 percent of the cost of the improvement for which any grant is made. Section 3. Plan requirement. This section requires that the Secretary approve a plan for security improvements submitted by an over-the-road bus operator before a grant may be made. The plan submitted by the operator must comply with the uses described in Section 2 and include any additional information the Secretary deems necessary to ensure the accountability for amounts made available through the grant program. This section also provides that an applicant for a grant for improvements at a terminal owned and operated by an entity other than the applicant must demonstrate to the Secretary that the improvements have been coordinated with the terminal's owner or operator. Section 4. Over-the-road bus defined. This section defines an over-the-road bus as a bus characterized by an elevated passenger deck located over a baggage compartment, consistent with the definition used in the Transportation Equity Act for the 21st Century (P.L. 105-178). Section 5. Bus security assessment. This section directs the Secretary to submit a preliminary report within 180 days of enactment to the Senate Committee on Commerce, Science and Transportation and the House Committee on Transportation and Infrastructure. The report will include assessments of: the grant program established by the bill; actions taken by public and private entities to address security issues and recommendations on whether additional actions; including legislation are needed; the economic impact of security upgrades on the over-the-road bus industry and its employees; ongoing and needed research on over-the-road bus security; and industry best practices to enhance security. In conducting the assessments, the Secretary is to consult with over-the-road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. Section 6. Funding. This section authorizes $99 million for the grant program for fiscal year 2003 and provides that such sums shall remain available until expended.

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding. I can only say, Members may not know that George is a person that can speak three different languages. He served in the military with honor as an officer. He has probably the greatest knowledge of anybody I have ever met. To have George Gekas as a dear friend, as he was and is, is something I will always cherish. We are two opposites. I am the barbarian and he is the intellect. But we worked together. I watched him on this floor especially during the impeachment time, the dignity he brought and the knowledge that he had, the legal background that he used; I have the greatest respect for his abilities. I cherished his friendship and tonight was a crowning night for him. We did lose him, but we really have never lost him because he will always be in our hearts.

Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I want to thank the gentleman from New Jersey (Mr. LoBiondo) for his great work as chairman of the subcommittee. I run my committee a little different than most of the other chairmen. I like to have my subcommittee chairmen that handle the bill to do the work, and I deeply appreciate what an outstanding job he has done with the Coast Guard. And he has Coast Guard facilities in his district and represents the Coast Guard quite well and the ports, which is something that I think this bill will help take care of. We have a serious problem, which I think we have met in this bill, and that is the importation of product without screening. We do that. We really think that this will make sure that something cannot, it could happen, but cannot readily happen because of the passage of this legislation, product damaging to the Nation through our ports, and we will be ability to make sure that does not occur. Of course, the Coast Guard plays an immense role in that. Mr. Speaker, I know that the gentleman from New Jersey (Mr. LoBiondo) has done this before; but I, too, would like to acknowledge Rebecca Dye, who has not only been a staffer for me for many, many years on the committee, her husband worked for the government; and even better, Rebecca is going to move on. This is her last presentation. She has been nominated by the President to serve as a commissioner on the Federal Maritime Commission, and I expect her nomination to be approved by the Senate very shortly. I am very proud of her actions and ability to go forth and serve in an industry that I deeply respect, and that is the maritime industry. She has been a great professional, has done an outstanding job, and formerly served in the Coast Guard as a Reservist. She knows what she is doing. I would also like to thank Patty Seeman for her hard work, and Ed Lee for his hard work, and of course Liz Megginson, chief of staff. This bill has been a long time coming. We had to work with Senator Hollings, and I love him to death; but working with Senator Hollings can sometimes be difficult. Working with Senators always is difficult, and I know that I am not supposed to say that. The next rule change, we will be able to do that. Mr. Speaker, I think this is a good piece of legislation. I know the hour is late and this is a so-called lame duck session; but this is one part of this lame-duck session we should be proud of. It protects our Nation, supports the Coast Guard, and helps our ports. I am extremely proud of this legislation. I urge my colleagues to vote for this legislation, if we have a recorded vote. I thank all Members who have worked together on a bipartisan basis, particularly the gentleman from Minnesota (Mr. Oberstar), the ranking member. We have done a good job on this legislation. Announcement by the Speaker Pro Tempore

Mr. YOUNG of Alaska

Mr. YOUNG of Alaska. Oh, absolutely.

Mr. YOUNG of Alaska. If my good friend will yield, I can suggest to her respectfully, under the bill they have to have the training; and I would rather have my pilot be armed and defend that cockpit as against an F-16 to be shot down. That is the whole intent. So in the bill they are trained, yes. All this says is that it is a voluntary process they go through, but the training is necessary.

Mr. YOUNG of Alaska. Mr. Speaker, this gentleman, of course, is the chairman of the Committee on Transportation and Infrastructure. I agree with the gentleman's points. As the sponsor of the original bill for allowing the pilots to be armed in the cockpit, this is neither a mandate to disrupt schedules nor a requirement that either the Federal Government or air carrier compensate any crew member for these voluntary programs. I want to stress voluntary programs. It just gives a chance for the pilots themselves to arm and to properly train.