[Congressional Record Volume 147, Number 168 (Thursday, December 6, 2001)]
[Senate]
[Pages S12476-S12529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to the consideration of H.R. 3338, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3338) making appropriations for the Department 
     of Defense for the fiscal year ending September 30, 2002, and 
     for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Appropriations with an amendment to strike all 
after the enacting clause and inserting in lieu thereof the following:

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2002, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund, $23,446,734,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), and to the Department of Defense Military 
     Retirement Fund, $19,465,964,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), to 
     section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
     and to the Department of Defense Military Retirement Fund, 
     $7,335,370,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements),

[[Page S12477]]

     and expenses of temporary duty travel between permanent duty 
     stations, for members of the Air Force on active duty (except 
     members of reserve components provided for elsewhere), 
     cadets, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), and to the Department of Defense Military 
     Retirement Fund, $20,032,704,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $2,670,197,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,650,523,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $466,300,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund, 
     $1,061,160,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f ) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,052,695,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $1,783,744,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $10,794,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $22,941,588,000.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $4,569,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $27,038,067,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $2,903,863,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,998,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $26,303,436,000.

                Operation and Maintenance, Defense-Wide

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $12,864,644,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $33,500,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,771,246,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,003,690,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $144,023,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,023,866,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $3,743,808,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $3,998,361,000.

          United States Courts of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $9,096,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $389,800,000, to remain 
     available until transferred: Provided,

[[Page S12478]]

     That the Secretary of the Army shall, upon determining that 
     such funds are required for environmental restoration, 
     reduction and recycling of hazardous waste, removal of unsafe 
     buildings and debris of the Department of the Army, or for 
     similar purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Army, to be merged with and to be available 
     for the same purposes and for the same time period as the 
     appropriations to which transferred: Provided further, That 
     upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $257,517,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $385,437,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $23,492,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $230,255,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2547, and 2551 of title 10, United States Code), 
     $44,700,000, to remain available until September 30, 2003.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $357,000,000, to remain 
     available until September 30, 2004: Provided, That of the 
     amounts provided under this heading, $15,000,000 shall be 
     available only to support the dismantling and disposal of 
     nuclear submarines and submarine reactor components in the 
     Russian Far East.

        Support for International Sporting Competitions, Defense

       For logistical and security support for international 
     sporting competitions (including pay and non-travel related 
     allowances only for members of the Reserve Components of the 
     Armed Forces of the United States called or ordered to active 
     duty in connection with providing such support), $15,800,000, 
     to remain available until expended.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,893,891,000, to remain available for obligation until 
     September 30, 2004.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,774,154,000, to remain available for obligation until 
     September 30, 2004.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $2,174,546,000, to remain available for 
     obligation until September 30, 2004.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,171,465,000, to remain available for obligation until 
     September 30, 2004.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of not to exceed 29 passenger 
     motor vehicles for replacement only; and the purchase of 3 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000 per vehicle; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes, 
     $4,160,186,000, to remain available for obligation until 
     September 30, 2004.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $8,030,043,000, to remain available 
     for obligation until September 30, 2004.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support

[[Page S12479]]

     equipment including spare parts, and accessories therefor; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $1,478,075,000, to remain available 
     for obligation until September 30, 2004.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $442,799,000, to remain available for obligation until 
     September 30, 2004.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $138,890,000;
       SSGN (AP), $279,440,000;
       NSSN, $1,608,914,000;
       NSSN (AP), $684,288,000;
       CVN Refuelings, $1,118,124,000;
       CVN Refuelings (AP), $73,707,000;
       Submarine Refuelings, $382,265,000;
       Submarine Refuelings (AP), $77,750,000;
       DDG-51 destroyer program, $2,966,036,000;
       Cruiser conversion (AP), $458,238,000;
       LPD-17 (AP), $155,000,000;
       LHD-8, $267,238,000;
       LCAC landing craft air cushion program, $52,091,000;
       Prior year shipbuilding costs, $725,000,000; and
       For craft, outfitting, post delivery, conversions, and 
     first destination transformation transportation, 
     $307,230,000;

     In all: $9,294,211,000, to remain available for obligation 
     until September 30, 2006: Provided, That additional 
     obligations may be incurred after September 30, 2006, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 152 passenger motor vehicles for replacement only, and 
     the purchase of five vehicles required for physical security 
     of personnel, notwithstanding price limitations applicable to 
     passenger vehicles but not to exceed $200,000 per unit for 
     two units and not to exceed $115,000 per unit for the 
     remaining three units; expansion of public and private 
     plants, including the land necessary therefor, and such lands 
     and interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $4,146,338,000, to remain available for obligation until 
     September 30, 2004.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of not to exceed 25 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title, 
     $974,054,000, to remain available for obligation until 
     September 30, 2004.

                    Aircraft Procurement, Air Force

       For construction, procurement, lease, and modification of 
     aircraft and equipment, including armor and armament, 
     specialized ground handling equipment, and training devices, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, Government-owned 
     equipment and installation thereof in such plants, erection 
     of structures, and acquisition of land, for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $10,617,332,000, to remain 
     available for obligation until September 30, 2004.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $3,657,522,000, to remain available for obligation until 
     September 30, 2004.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $873,344,000, to remain available for obligation until 
     September 30, 2004.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of not to exceed 216 passenger motor 
     vehicles for replacement only, and the purchase of three 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000; lease of passenger motor 
     vehicles; and expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon, prior 
     to approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $8,144,174,000, to remain 
     available for obligation until September 30, 2004.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of not to exceed 115 passenger 
     motor vehicles for replacement only; the purchase of 10 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $250,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $1,473,795,000, to remain available for obligation 
     until September 30, 2004.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $15,000,000 to remain available until expended.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $560,505,000, 
     to remain available for obligation until September 30, 2004: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $6,742,123,000, to remain available 
     for obligation until September 30, 2003.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation,

[[Page S12480]]

     lease, and operation of facilities and equipment, 
     $10,742,710,000, to remain available for obligation until 
     September 30, 2003.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $13,859,401,000, to remain 
     available for obligation until September 30, 2003.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $14,445,589,000, to 
     remain available for obligation until September 30, 2003.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $216,855,000, to remain available for obligation 
     until September 30, 2003.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds; $1,826,986,000: 
     Provided, That during fiscal year 2002, funds in the Defense 
     Working Capital Funds may be used for the purchase of not to 
     exceed 330 passenger carrying motor vehicles for replacement 
     only for the Defense Security Service.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), $407,408,000, to 
     remain available until expended: Provided, That none of the 
     funds provided in this paragraph shall be used to award a new 
     contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all shipboard services; propulsion 
     system components (that is; engines, reduction gears, and 
     propellers); shipboard cranes; and spreaders for shipboard 
     cranes: Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract: Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive the restrictions in the first proviso on a case-by-case 
     basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that adequate domestic supplies are not available to meet 
     Department of Defense requirements on a timely basis and that 
     such an acquisition must be made in order to acquire 
     capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $18,376,404,000, of which $17,656,185,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2003; of which $267,915,000, to remain available for 
     obligation until September 30, 2004, shall be for 
     Procurement; of which $452,304,000, to remain available for 
     obligation until September 30, 2003, shall be for Research, 
     development, test and evaluation.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,104,557,000, of which $739,020,000 shall 
     be for Operation and maintenance to remain available until 
     September 30, 2003, $164,158,000 shall be for Procurement to 
     remain available until September 30, 2004, and $201,379,000 
     shall be for Research, development, test and evaluation to 
     remain available until September 30, 2003.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $865,981,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $152,021,000, of which 
     $150,221,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,800,000 to 
     remain available until September 30, 2004, shall be for 
     Procurement.

                               TITLE VII

                            RELATED AGENCIES

                      CENTRAL INTELLIGENCE AGENCY

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $212,000,000.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $144,776,000, of which $28,003,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2003: Provided, That of the 
     funds appropriated under this heading, $27,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2004, and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2003: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities to conduct document 
     exploitation of materials collected in Federal, State, and 
     local law enforcement activity.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law, 
     $75,000,000, to remain available until expended.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $8,000,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

               GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $1,500,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may

[[Page S12481]]

     not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress: Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section must be made prior to 
     March 31, 2002.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       C-17; and
       F/A-18E and F engine.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     to the Congress on September 30 of each year: Provided, That 
     funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2002, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2003 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2002 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2003.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of the enactment of this Act, is performed by more 
     than 10 Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section and subsections (a), (b), and (c) of 10 U.S.C. 
     2461 shall not apply to a commercial or industrial type 
     function of the Department of Defense that: (1) is included 
     on the procurement list established pursuant to section 2 of 
     the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
     to as the Javits-Wagner-O'Day Act; (2) is planned to be 
     converted to performance by a qualified nonprofit agency for 
     the blind or by a qualified nonprofit agency for other 
     severely handicapped individuals in accordance with that Act; 
     or (3) is planned to be converted to performance by a 
     qualified firm under 51 percent ownership by an Indian tribe, 
     as defined in section 450b(e) of title 25, United States 
     Code, or a Native Hawaiian organization, as defined in 
     section 637(a)(15) of title 15, United States Code.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services

[[Page S12482]]

     required by the patient, and the availability of that care.
       Sec. 8018. Funds available in this Act and hereafter may be 
     used to provide transportation for the next-of-kin of 
     individuals who have been prisoners of war or missing in 
     action from the Vietnam era to an annual meeting in the 
     United States, under such regulations as the Secretary of 
     Defense may prescribe.
       Sec. 8019. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by executive agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 2002 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8020. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8021. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8022. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a subcontractor 
     at any tier shall be considered a contractor for the purposes 
     of being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544).
       Sec. 8023. During the current fiscal year and hereafter, 
     funds appropriated or otherwise available for any Federal 
     agency, the Congress, the judicial branch, or the District of 
     Columbia may be used for the pay, allowances, and benefits of 
     an employee as defined by section 2105 of title 5, United 
     States Code, or an individual employed by the government of 
     the District of Columbia, permanent or temporary indefinite, 
     who--
       (1) is a member of a Reserve component of the Armed Forces, 
     as described in section 10101 of title 10, United States 
     Code, or the National Guard, as described in section 101 of 
     title 32, United States Code;
       (2) performs, for the purpose of providing military aid to 
     enforce the law or providing assistance to civil authorities 
     in the protection or saving of life or property or prevention 
     of injury--
       (A) Federal service under sections 331, 332, 333, or 12406 
     of title 10, United States Code, or other provision of law, 
     as applicable; or
       (B) full-time military service for his or her State, the 
     District of Columbia, the Commonwealth of Puerto Rico, or a 
     territory of the United States; and
       (3) requests and is granted--
       (A) leave under the authority of this section; or
       (B) annual leave, which may be granted without regard to 
     the provisions of sections 5519 and 6323(b) of title 5, 
     United States Code, if such employee is otherwise entitled to 
     such annual leave:

     Provided, That any employee who requests leave under 
     subsection (3)(A) for service described in subsection (2) of 
     this section is entitled to such leave, subject to the 
     provisions of this section and of the last sentence of 
     section 6323(b) of title 5, United States Code, and such 
     leave shall be considered leave under section 6323(b) of 
     title 5, United States Code.
       Sec. 8024. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 48 months after 
     initiation of such study for a multi-function activity.
       Sec. 8025. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8026. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8027. Of the funds made available in this Act, not 
     less than $61,100,000 shall be available to maintain an 
     attrition reserve force of 18 B-52 aircraft, of which 
     $3,300,000 shall be available from ``Military Personnel, Air 
     Force'', $37,400,000 shall be available from ``Operation and 
     Maintenance, Air Force'', and $20,400,000 shall be available 
     from ``Aircraft Procurement, Air Force'': Provided, That the 
     Secretary of the Air Force shall maintain a total force of 94 
     B-52 aircraft, including 18 attrition reserve aircraft, 
     during fiscal year 2002: Provided further, That the Secretary 
     of Defense shall include in the Air Force budget request for 
     fiscal year 2003 amounts sufficient to maintain a B-52 force 
     totaling 94 aircraft.
       Sec. 8028. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act, qualified nonprofit 
     agencies for the blind or other severely handicapped shall be 
     afforded the maximum practicable opportunity to participate 
     as subcontractors and suppliers in the performance of 
     contracts let by the Department of Defense.
       (b) During the current fiscal year, a business concern 
     which has negotiated with a military service or defense 
     agency a subcontracting plan for the participation by small 
     business concerns pursuant to section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)) shall be given credit toward 
     meeting that subcontracting goal for any purchases made from 
     qualified nonprofit agencies for the blind or other severely 
     handicapped.
       (c) For the purpose of this section, the phrase ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind or other 
     severely handicapped that has been approved by the Committee 
     for the Purchase from the Blind and Other Severely 
     Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
     48).
       Sec. 8029. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8030. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8031. Of the funds made available in this Act, not 
     less than $24,303,000 shall be available for the Civil Air 
     Patrol Corporation, of which $22,803,000 shall be available 
     for Civil Air Patrol Corporation operation and maintenance to 
     support readiness activities which includes $1,500,000 for 
     the Civil Air Patrol counterdrug program: Provided, That 
     funds identified for ``Civil Air Patrol'' under this section 
     are intended for and shall be for the exclusive use of the 
     Civil Air Patrol Corporation and not for the Air Force or any 
     unit thereof.
       Sec. 8032. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2002 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2002, 
     not more than 6,227 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,029 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2003 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $60,000,000.
       Sec. 8033. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of

[[Page S12483]]

     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8034. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8035. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     defense agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8036. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2001. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8037. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.


                     (including transfer of funds)

       Sec. 8038. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 485(h)(2) 
     and to the special account established under 10 U.S.C. 
     2667(d)(1) are appropriated and shall be available until 
     transferred by the Secretary of Defense to current applicable 
     appropriations or funds of the Department of Defense under 
     the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) 
     and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to 
     be available for the same time period and the same purposes 
     as the appropriation to which transferred.
       Sec. 8039. The Under Secretary of Defense (Comptroller) 
     shall submit to the congressional defense committees by 
     February 1, 2002, a detailed report identifying, by amount 
     and by separate budget activity, activity group, subactivity 
     group, line item, program element, program, project, 
     subproject, and activity, any activity for which the fiscal 
     year 2003 budget request was reduced because the Congress 
     appropriated funds above the President's budget request for 
     that specific activity for fiscal year 2002.
       Sec. 8040. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.


                     (including transfer of funds)

       Sec. 8041. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8042. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield program shall resolve any conflicts among 
     requests of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under subsection (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of the 
     Interior under section 104 of the Federally Recognized Indian 
     Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 
     U.S.C. 479a-1).
       Sec. 8043. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $100,000.
       Sec. 8044. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2003 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2003 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2003 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8045. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2003: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended.
       Sec. 8046. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8047. Of the funds appropriated by the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8048. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year and hereafter 
     pursuant to section 1459(g) of the Department of Defense 
     Authorization Act, 1986, and deposited to the special account 
     established under subsection 1459(g)(2) of that Act are 
     appropriated and shall be available until expended for the 
     operation and maintenance of the Center as provided for in 
     subsection 1459(g)(2).


                          (transfer of funds)

       Sec. 8049. In addition to the amounts appropriated 
     elsewhere in this Act, $10,000,000 is hereby appropriated to 
     the Department of Defense: Provided, That at the direction of 
     the Assistant Secretary of Defense for Reserve Affairs, these 
     funds shall be transferred to the Reserve component personnel 
     accounts in Title I of this Act: Provided further, That these 
     funds shall be used for incentive and bonus programs that 
     address the most pressing recruitment and retention issues in 
     the Reserve components.
       Sec. 8050. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.

[[Page S12484]]

       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8051. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:

     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8052. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to field operating agencies 
     funded within the National Foreign Intelligence Program.
       Sec. 8053. During the current fiscal year and hereafter, 
     funds appropriated or made available by the transfer of funds 
     in this or subsequent Appropriations Acts, 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) until the enactment of the 
     Intelligence Authorization Act for that fiscal year and funds 
     appropriated or made available by transfer of funds in any 
     subsequent Supplemental Appropriations Act enacted after the 
     enactment of the Intelligence Authorization Act for that 
     fiscal year 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. 8054. Notwithstanding section 303 of Public Law 96-487 
     or any other provision of law, the Secretary of the Navy is 
     authorized to lease real and personal property at Naval Air 
     Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f ), for 
     commercial, industrial or other purposes: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     the Navy may remove hazardous materials from facilities, 
     buildings, and structures at Adak, Alaska, and may demolish 
     or otherwise dispose of such facilities, buildings, and 
     structures.


                             (RESCISSIONS)

       Sec. 8055. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     as of the date of the enactment of this Act from the 
     following accounts in the specified amounts:
       ``Aircraft Procurement, Army, 2001/2003'', $15,500,000;
       ``Aircraft Procurement, Air Force, 2001/2003'', 
     $43,983,000;
       ``Missile Procurement, Air Force, 2001/2003'', $58,550,000;
       ``Procurement, Defense-Wide, 2001/2003'', $64,170,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2001/2002'', $13,450,000; and
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2001/2002'', $5,664,000.
       Sec. 8056. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8057. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8058. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8059. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Foreign Intelligence Program (NFIP), the 
     Joint Military Intelligence Program (JMIP), and the Tactical 
     Intelligence and Related Activities (TIARA) aggregate: 
     Provided, That nothing in this section authorizes deviation 
     from established Reserve and National Guard personnel and 
     training procedures.
       Sec. 8060. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act, for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8061. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', $12,000,000 shall 
     be available to realign railroad track on Elmendorf Air Force 
     Base and Fort Richardson.
       Sec. 8062. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.


                          (transfer of funds)

       Sec. 8063. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8064. None of the funds made available in this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8065. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8066. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8067. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8068. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8069. Of the funds made available in this Act under 
     the heading ``Operation and Maintenance, Defense-Wide'', up 
     to $5,000,000 shall be available to provide assistance, by 
     grant or otherwise, to public school systems that have 
     unusually high concentrations of special needs military 
     dependents enrolled: Provided, That in selecting school 
     systems to receive such assistance, special consideration 
     shall be given to school systems in States that are 
     considered overseas assignments: Provided further, That up to 
     $2,000,000 shall be available for DOD to establish a non-
     profit trust fund to assist in the public-private funding of 
     public school repair and maintenance projects, or provide 
     directly to

[[Page S12485]]

     non-profit organizations who in return will use these monies 
     to provide assistance in the form of repair, maintenance, or 
     renovation to public school systems that have high 
     concentrations of special needs military dependents and are 
     located in States that are considered overseas assignments: 
     Provided further, That to the extent a federal agency 
     provides this assistance, by contract, grant or otherwise, it 
     may accept and expend non-federal funds in combination with 
     these federal funds to provide assistance for the authorized 
     purpose, if the non-federal entity requests such assistance 
     and the non-federal funds are provided on a reimbursable 
     basis.
       Sec. 8070. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8071. To the extent authorized by subchapter VI of 
     chapter 148 of title 10, United States Code, the Secretary of 
     Defense may issue loan guarantees in support of United States 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee shall be paid by the country involved and shall not 
     be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of chapter 
     148 of title 10, United States Code.
       Sec. 8072. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8073. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions or 
     agents to the Johnston Atoll for the purpose of storing or 
     demilitarizing such munitions or agents.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition or agent of the 
     United States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.
       Sec. 8074. Up to $3,000,000 of the funds appropriated under 
     the heading ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems 
     critical to base operations.


                     (including transfer of funds)

       Sec. 8075. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8076. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior year, and the 1 percent 
     limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8077. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8078. Funds appropriated in title II of this Act and 
     for the Defense Health Program in title VI of this Act for 
     supervision and administration costs for facilities 
     maintenance and repair, minor construction, or design 
     projects may be obligated at the time the reimbursable order 
     is accepted by the performing activity: Provided, That for 
     the purpose of this section, supervision and administration 
     costs includes all in-house Government cost.
       Sec. 8079. During the current fiscal year, the Secretary of 
     Defense may waive reimbursement of the cost of conferences, 
     seminars, courses of instruction, or similar educational 
     activities of the Asia-Pacific Center for Security Studies 
     for military officers and civilian officials of foreign 
     nations if the Secretary determines that attendance by such 
     personnel, without reimbursement, is in the national security 
     interest of the United States: Provided, That costs for which 
     reimbursement is waived pursuant to this section shall be 
     paid from appropriations available for the Asia-Pacific 
     Center.
       Sec. 8080. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8081. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the 
     current fiscal year and hereafter, interest penalties may be 
     paid by the Department of Defense from funds financing the 
     operation of the military department or defense agency with 
     which the invoice or contract payment is associated.
       Sec. 8083. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Foreign 
     Intelligence Program: Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8084. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', not less than 
     $1,500,000 shall be made available by grant or otherwise, to 
     the Council of Athabascan Tribal Governments, to provide 
     assistance for health care, monitoring and related issues 
     associated with research conducted from 1955 to 1957 by the 
     former Arctic Aeromedical Laboratory.
       Sec. 8085. In addition to the amounts appropriated or 
     otherwise made available in this Act, $5,000,000, to remain 
     available until September

[[Page S12486]]

     30, 2002, is hereby appropriated to the Department of 
     Defense: Provided, That the Secretary of Defense shall make a 
     grant in the amount of $5,000,000 to the American Red Cross 
     for Armed Forces Emergency Services.
       Sec. 8086. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8087. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8088. Funds made available to the Civil Air Patrol in 
     this Act under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used for the Civil Air 
     Patrol Corporation's counterdrug program, including its 
     demand reduction program involving youth programs, as well as 
     operational and training drug reconnaissance missions for 
     Federal, State, and local government agencies; and for 
     equipment needed for mission support or performance: 
     Provided, That the Department of the Air Force should waive 
     reimbursement from the Federal, State, and local government 
     agencies for the use of these funds.
       Sec. 8089. Section 8125 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259), is hereby 
     repealed.
       Sec. 8090. Of the funds appropriated in this Act under the 
     heading ``Research, Development, Test and Evaluation, Navy'', 
     up to $3,000,000 may be made available for a Maritime Fire 
     Training Center at Barbers Point, including provision for 
     laboratories, construction, and other efforts associated with 
     research, development, and other programs of major importance 
     to the Department of Defense.
       Sec. 8091. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8092. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental equipment of the 
     Department of Defense, at no cost to the Department of 
     Defense, to Indian health service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       Sec. 8093. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $140,591,000 to reflect savings from favorable foreign 
     currency fluctuations, to be distributed as follows:
       ``Operation and Maintenance, Army'', $89,359,000;
       ``Operation and Maintenance, Navy'', $15,445,000;
       ``Operation and Maintenance, Marine Corps'', $1,379,000;
       ``Operation and Maintenance, Air Force'', $24,408,000; and
       ``Operation and Maintenance, Defense-Wide'', $10,000,000.
       Sec. 8094. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8095. Notwithstanding any other provision of law, the 
     total amount appropriated in this Act under Title I and Title 
     II is hereby reduced by $50,000,000: Provided, That during 
     the current fiscal year, not more than 250 military and 
     civilian personnel of the Department of Defense shall be 
     assigned to legislative affairs or legislative liaison 
     functions: Provided further, That of the 250 personnel 
     assigned to legislative liaison or legislative affairs 
     functions, 20 percent shall be assigned to the Office of the 
     Secretary of Defense and the Office of the Chairman of the 
     Joint Chiefs of Staff, 20 percent shall be assigned to the 
     Department of the Army, 20 percent shall be assigned to the 
     Department of the Navy, 20 percent shall be assigned to the 
     Department of the Air Force, and 20 percent shall be assigned 
     to the combatant commands: Provided further, That of the 
     personnel assigned to legislative liaison and legislative 
     affairs functions, no fewer than 20 percent shall be assigned 
     to the Under Secretary of Defense (Comptroller), the 
     Assistant Secretary of the Army (Financial Management and 
     Comptroller), the Assistant Secretary of the Navy (Financial 
     Management and Comptroller), and the Assistant Secretary of 
     the Air Force (Financial Management and Comptroller).
       Sec. 8096. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8097. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any 
     advanced concept technology demonstration project may only be 
     obligated 30 days after a report, including a description of 
     the project and its estimated annual and total cost, has been 
     provided in writing to the congressional defense committees: 
     Provided, That the Secretary of Defense may waive this 
     restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8098. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $171,296,000, to reduce cost growth in travel, to be 
     distributed as follows:
       ``Operation and Maintenance, Army'', $9,000,000;
       ``Operation and maintenance, Marine Corps'', $296,000;
       ``Operation and Maintenance, Air Force'', $150,000,000;
       ``Operation and Maintenance, Army Reserve'', $2,000,000; 
     and
       ``Operation and maintenance, Defense-wide'' $10,000,000.
       Sec. 8099. During the current fiscal year, refunds 
     attributable to the use of the Government travel card, 
     refunds attributable to the use of the Government Purchase 
     Card and refunds attributable to official Government travel 
     arranged by Government Contracted Travel Management Centers 
     may be credited to operation and maintenance accounts of the 
     Department of Defense which are current when the refunds are 
     received.
       Sec. 8100. (a) Registering Information Technology Systems 
     With DOD Chief Information Officer.--None of the funds 
     appropriated in this Act may be used for a mission critical 
     or mission essential information technology system (including 
     a system funded by the defense working capital fund) that is 
     not registered with the Chief Information Officer of the 
     Department of Defense. A system shall be considered to be 
     registered with that officer upon the furnishing to that 
     officer of notice of the system, together with such 
     information concerning the system as the Secretary of Defense 
     may prescribe. An information technology system shall be 
     considered a mission critical or mission essential 
     information technology system as defined by the Secretary of 
     Defense.
       (b) Certifications as to Compliance With Clinger-Cohen 
     Act.--(1) During the current fiscal year, a major automated 
     information system may not receive Milestone I approval, 
     Milestone II approval, or Milestone III approval, or their 
     equivalent, within the Department of Defense until the Chief 
     Information Officer certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
     The Chief Information Officer may require additional 
     certifications, as appropriate, with respect to any such 
     system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1). Each such notification 
     shall include, at a minimum, the funding baseline and 
     milestone schedule for each system covered by such a 
     certification and confirmation that the following steps have 
     been taken with respect to the system:
       (A) Business process reengineering.
       (B) An analysis of alternatives.
       (C) An economic analysis that includes a calculation of the 
     return on investment.
       (D) Performance measures.
       (E) An information assurance strategy consistent with the 
     Department's Global Information Grid.

[[Page S12487]]

       (c) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
         (3) The term ``major automated information system'' has 
     the meaning given that term in Department of Defense 
     Directive 5000.1.
       Sec. 8101. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8102. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8103. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under 10 U.S.C. 2667, in the case 
     of a lease of personal property for a period not in excess of 
     1 year to any organization specified in 32 U.S.C. 508(d), or 
     any other youth, social, or fraternal non-profit organization 
     as may be approved by the Chief of the National Guard Bureau, 
     or his designee, on a case-by-case basis.
       Sec. 8104. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8105. During the current fiscal year, under 
     regulations prescribed by the Secretary of Defense, the 
     Center of Excellence for Disaster Management and Humanitarian 
     Assistance may also pay, or authorize payment for, the 
     expenses of providing or facilitating education and training 
     for appropriate military and civilian personnel of foreign 
     countries in disaster management, peace operations, and 
     humanitarian assistance.
       Sec. 8106. (a) The Department of Defense is authorized to 
     enter into agreements with the Veterans Administration and 
     federally-funded health agencies providing services to Native 
     Hawaiians for the purpose of establishing a partnership 
     similar to the Alaska Federal Health Care Partnership, in 
     order to maximize Federal resources in the provision of 
     health care services by federally-funded health agencies, 
     applying telemedicine technologies. For the purpose of this 
     partnership, Native Hawaiians shall have the same status as 
     other Native Americans who are eligible for the health care 
     services provided by the Indian Health Service.
       (b) The Department of Defense is authorized to develop a 
     consultation policy, consistent with Executive Order No. 
     13084 (issued May 14, 1998), with Native Hawaiians for the 
     purpose of assuring maximum Native Hawaiian participation in 
     the direction and administration of governmental services so 
     as to render those services more responsive to the needs of 
     the Native Hawaiian community.
       (c) For purposes of this section, the term ``Native 
     Hawaiian'' means any individual who is a descendant of the 
     aboriginal people who, prior to 1778, occupied and exercised 
     sovereignty in the area that now comprises the State of 
     Hawaii.
       Sec. 8107. In addition to the amounts provided elsewhere in 
     this Act, the amount of $10,000,000 is hereby appropriated 
     for ``Operation and Maintenance, Defense-Wide'', to be 
     available, notwithstanding any other provision of law, only 
     for a grant to the United Service Organizations Incorporated, 
     a federally chartered corporation under chapter 2201 of title 
     36, United States Code. The grant provided for by this 
     section is in addition to any grant provided for under any 
     other provision of law.
       Sec. 8108. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $141,700,000 shall be made available for the 
     Arrow missile defense program: Provided, That of this amount, 
     $107,700,000 shall be made available for the purpose of 
     continuing the Arrow System Improvement Program (ASIP), 
     continuing ballistic missile defense interoperability with 
     Israel, and establishing an Arrow production capability in 
     the United States: Provided further, That the remainder, 
     $34,000,000, shall be available for the purpose of adjusting 
     the cost-share of the parties under the Agreement between the 
     Department of Defense and the Ministry of Defense of Israel 
     for the Arrow Deployability Program.
       Sec. 8109. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.


                     (including transfer of funds)

       Sec. 8110. Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Defense-Wide'', 
     $115,000,000 shall remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to transfer such funds to 
     other activities of the Federal Government.
       Sec. 8111. In addition to the amounts appropriated or 
     otherwise made available in this Act, $1,300,000,000 is 
     hereby appropriated to the Department of Defense for 
     whichever of the following purposes the President determines 
     to be in the national security interests of the United 
     States:
       (1) research, development, test and evaluation for 
     ballistic missile defense; and
       (2) activities for combating terrorism.
       Sec. 8112. In addition to amounts appropriated elsewhere in 
     this Act, $5,000,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of the Army shall 
     make a grant in the amount of $5,000,000 to the Fort Des 
     Moines Memorial Park and Education Center.
       Sec. 8113. In addition to amounts appropriated elsewhere in 
     this Act, $5,000,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $5,000,000 to the National D-
     Day Museum.
       Sec. 8114. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2002.
       Sec. 8115. (a) Section 8162 of the Department of Defense 
     Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
     79) is amended--
       (1) by redesignating subsection (m) as subsection (o); and
       (2) by adding after subsection (l) the following:
       ``(m) Authority to Establish Memorial.--
       ``(1) In general.--The Commission may establish a permanent 
     memorial to Dwight D. Eisenhower on land under the 
     jurisdiction of the Secretary of the Interior in the District 
     of Columbia or its environs.
       ``(2) Compliance with standards for commemorative works.--
     The establishment of the memorial shall be in accordance with 
     the Commemorative Works Act (40 U.S.C. 1001 et seq.).''.
       (b) Section 8162 of the Department of Defense 
     Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
     79) is amended--
       (1) in subsection (j)(2), by striking ``accept gifts'' and 
     inserting ``solicit and accept contributions''; and
       (2) by inserting after subsection (m) (as added by 
     subsection (a)(2)) the following:
       ``(n) Memorial Fund.--
       ``(1) Establishment.--There is created in the Treasury a 
     fund for the memorial to Dwight D. Eisenhower that includes 
     amounts contributed under subsection (j)(2).
       ``(2) Use of fund.--The fund shall be used for the expenses 
     of establishing the memorial.
       ``(3) Interest.--The Secretary of the Treasury shall credit 
     to the fund the interest on obligations held in the fund.''.
       (c) In addition to the amounts appropriated or otherwise 
     made available elsewhere in this Act for the Department of 
     Defense, $3,000,000, to remain available until expended is 
     hereby appropriated to the Department of Defense: Provided, 
     That the Secretary of Defense shall make a grant in the 
     amount of $3,000,000 to the Dwight D. Eisenhower Memorial 
     Commission for direct administrative support.
       Sec. 8116. In addition to amounts appropriated elsewhere in 
     this Act, $8,000,000 shall be available only for the 
     settlement of subcontractor claims for payment associated 
     with the Air Force contract F19628-97-C-0105, Clear Radar 
     Upgrade, at Clear AFS, Alaska: Provided, That the Secretary 
     of the Air Force shall evaluate claims as may be submitted by 
     subcontractors, engaged under the contract, and, 
     notwithstanding any other provision of law shall pay such 
     amounts from the funds provided in this paragraph which the 
     Secretary deems appropriate to settle completely any claims 
     which the Secretary determines to have merit, with no right 
     of appeal in any forum: Provided further, That subcontractors 
     are to be paid interest, calculated in accordance with the 
     Contract Disputes Act of 1978, 41 U.S.C. Sections 601-613, on 
     any claims which the Secretary determines to have merit: 
     Provided further, That

[[Page S12488]]

     the Secretary of the Air Force may delegate evaluation and 
     payment as above to the U.S. Army Corps of Engineers, Alaska 
     District on a reimbursable basis.
       Sec. 8117. Notwithstanding any other provision of this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $1,650,000,000, to reflect savings to be achieved from 
     business process reforms, management efficiencies, and 
     procurement of administrative and management support: 
     Provided, That none of the funds provided in this Act may be 
     used for consulting and advisory services for legislative 
     affairs and legislative liaison functions.
       Sec. 8118. In addition to amounts provided elsewhere in 
     this Act, $21,000,000 is hereby appropriated for the 
     Secretary of Defense to establish a Regional Defense Counter-
     terrorism Fellowship Program: Provided, That funding provided 
     herein may be used by the Secretary to fund foreign military 
     officers to attend U.S. military educational institutions and 
     selected regional centers for non-lethal training: Provided 
     further, That United States Regional Commanders in Chief will 
     be the nominative authority for candidates and schools for 
     attendance with joint staff review and approval by the 
     Secretary of Defense: Provided further, That the Secretary of 
     Defense shall establish rules to govern the administration of 
     this program.
       Sec. 8119. Notwithstanding any other provision of law, from 
     funds appropriated in this or any other Act under the 
     heading, ``Aircraft Procurement, Air Force'', that remain 
     available for obligation, not to exceed $16,000,000 shall be 
     available for recording, adjusting, and liquidating 
     obligations for the C-17 aircraft properly chargeable to the 
     fiscal year 1998 Aircraft Procurement, Air Force account: 
     Provided, That the Secretary of the Air Force shall notify 
     the congressional defense committees of all of the specific 
     sources of funds to be used for such purpose.
       Sec. 8120. Notwithstanding any provisions of the Southern 
     Nevada Public Land Management Act of 1998, Public Law 105-
     263, or the land use planning provision of Section 202 of the 
     Federal Land Policy and Management Act of 1976, Public Law 
     94-579, or of any other law to the contrary, the Secretary of 
     the Interior may acquire non-federal lands adjacent to Nellis 
     Air Force Base, through a land exchange in Nevada, to ensure 
     the continued safe operation of live ordnance departure areas 
     at Nellis Air Force Base, Las Vegas, Nevada. The Secretary of 
     the Air Force shall identify up to 220 acres of non-federal 
     lands needed to ensure the continued safe operation of the 
     live ordnance departure areas at Nellis Air Force Base. Any 
     such identified property acquired by exchange by the 
     Secretary of the Interior shall be transferred by the 
     Secretary of the Interior to the jurisdiction, custody, and 
     control of the Secretary of the Air Force to be managed as a 
     part of Nellis Air Force Base. To the extent the Secretary of 
     the Interior is unable to acquire non-federal lands by 
     exchange, the Secretary of the Air Force is authorized to 
     purchase those lands at fair market value subject to 
     available appropriations.
       Sec. 8121. Of the amounts appropriated in this Act under 
     the heading, ``Shipbuilding and Conversion, Navy'', 
     $725,000,000 shall be available until September 30, 2002, to 
     fund prior year shipbuilding cost increases: Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer such funds to the following appropriations in the 
     amounts specified: Provided further, That the amounts 
     transferred shall be merged with and be available for the 
     same purposes as the appropriations to which transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1995/2002'':
       Carrier Replacement Program, $172,364,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/2002'':
       LPD-17 Amphibious Transport Dock Ship Program, 
     $172,989,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1997/2002'':
       DDG-51 Destroyer Program, $37,200,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'':
       NSSN Program, $168,561,000;
       DDG-51 Destroyer Program, $111,457,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/2002'':
       NSSN Program, $62,429,000.


                          (TRANSFER OF FUNDS)

       Sec. 8122. Upon enactment of this Act, the Secretary of the 
     Navy shall make the following transfers of funds: Provided, 
     That the amounts transferred shall be available for the same 
     purposes as the appropriations to which transferred, and for 
     the same time period as the appropriation from which 
     transferred: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amount specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1990/2002'':
       TRIDENT ballistic missile submarine program, $78,000;
       SSN-21 attack submarine program, $66,000;
       DDG-51 destroyer program, $6,100,000;
       ENTERPRISE refueling modernization program, $964,000;
       LSD-41 dock landing ship cargo variant ship program, 
     $237,000;
       MCM mine countermeasures program, $118,000;
       Oceanographic ship program, $2,317,000;
       AOE combat support ship program, $164,000;
       AO conversion program, $56,000;
       Coast Guard icebreaker ship program, $863,000;
       Craft, outfitting, post delivery, and ship special support 
     equipment, $529,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'':
       DDG-51 destroyer program, $11,492,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1993/2002'':
       DDG-51 destroyer program, $3,986,000;
       LHD-1 amphibious assault ship program, $85,000;
       LSD-41 dock landing ship cargo variant program, $428,000;
       AOE combat support ship program, $516,000;
       Craft, outfitting, post delivery, and first destination 
     transportation, and inflation adjustments, $1,034,000;
       To:
       Under the heading, ``Shipbuilding, and Conversion, Navy, 
     1998/2002'':
       DDG-51 destroyer program, $6,049,000;
       From:
       Under the heading, ``Other Procurement, Navy, 2001/2003'':
       Shallow Water MCM, $16,248,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/2005'':
       Submarine Refuelings, $16,248,000.
       Sec. 8123. (a) The Secretary of Defense shall convey to 
     Gwitchyaa Zhee Corporation the lands withdrawn by Public Land 
     Order No. 1996, Lot 1 of United States Survey 7008, Public 
     Land Order No. 1396, a portion of Lot 3 of United States 
     Survey 7161, lands reserved pursuant to the instructions set 
     forth at page 513 of volume 44 of the Interior Land Decisions 
     issued January 13, 1916, Lot 13 of United States Survey 7161, 
     Lot 1 of United States Survey 7008 described in Public Land 
     Order No. 1996, and Lot 13 of the United States Survey 7161 
     reserved pursuant to the instructions set forth at page 513 
     of volume 44 of the Interior Land Decisions issued January 
     13, 1916.
       (b) Following site restoration and survey by the Department 
     of the Air Force that portion of Lot 3 of United States 
     Survey 7161 withdrawn by Public Land Order No. 1396 and no 
     longer needed by the Air Force shall be conveyed to Gwitchyaa 
     Zhee Corporation.
       Sec. 8124. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 10 
     U.S.C. 7622 arising out of the collision involving the USS 
     GREENEVILLE and the EHIME MARU, in any amount and without 
     regard to the monetary limitations in subsections (a) and (b) 
     of that section: Provided, That such payments shall be made 
     from funds available to the Department of the Navy for 
     operation and maintenance.
       Sec. 8125. (a) Not later than February 1, 2002, the 
     Secretary of Defense shall report to the congressional 
     defense committees on the status of the safety and security 
     of munitions shipments that use commercial trucking carriers 
     within the United States.
       (b) Report Elements.--The report under subsection (a) shall 
     include the following:
       (1) An assessment of the Department of Defense's policies 
     and practices for conducting background investigations of 
     current and prospective drivers of munitions shipments.
       (2) A description of current requirements for periodic 
     safety and security reviews of commercial trucking carriers 
     that carry munitions.
       (3) A review of the Department of Defense's efforts to 
     establish uniform safety and security standards for cargo 
     terminals not operated by the Department that store munitions 
     shipments.
       (4) An assessment of current capabilities to provide for 
     escort security vehicles for shipments that contain dangerous 
     munitions or sensitive technology, or pass through high-risk 
     areas.
       (5) A description of current requirements for depots and 
     other defense facilities to remain open outside normal 
     operating hours to receive munitions shipments.
       (6) Legislative proposals, if any, to correct deficiencies 
     identified by the Department of Defense in the report under 
     subsection (a).
       (c) Not later than six months after enactment of this Act, 
     the Secretary shall report to Congress on safety and security 
     procedures used for U.S. munitions shipments in European NATO 
     countries, and provide recommendations on what procedures or 
     technologies used in those countries should be adopted for 
     shipments in the United States.
       Sec. 8126. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act for the 
     Department of Defense, $15,000,000, to remain available until 
     September 30, 2002 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $15,000,000 to the Padgett 
     Thomas Barracks in Charleston, South Carolina.
       Sec. 8127. (a) Designated Special Events of National 
     Significance.--
       (1) Notwithstanding any other provision of law, at events 
     determined by the President to be special events of national 
     significance for which the United States Secret Service is 
     authorized pursuant to Section 3056(e)(1), title 18, United 
     States Code, to plan, coordinate, and implement security 
     operations, the Secretary of Defense, after consultation with 
     the Secretary of the Treasury, shall provide assistance on a 
     temporary basis without reimbursement in support of the 
     United States Secret Service's duties related to such 
     designated events.
       (2) Assistance under this subsection shall be provided in 
     accordance with an agreement that shall be entered into by 
     the Secretary of Defense and the Secretary of the Treasury 
     within 120 days of the enactment of this Act.
       (b) Report on Assistance.--Not later than January 30 of 
     each year following a year in which the Secretary of Defense 
     provides assistance under this section, the Secretary shall 
     submit to Congress a report on the assistance provided. The 
     report shall set forth--
       (1) a description of the assistance provided; and
       (2) the amount expended by the Department in providing the 
     assistance.

[[Page S12489]]

       (c) Relationship to Other Laws.--The assistance provided 
     under this section shall not be subject to the provisions of 
     sections 375 and 376 of this title.
       Sec. 8128. Multi-Year Aircraft Lease Pilot Program. (a) The 
     Secretary of the Air Force may, from funds provided in this 
     Act or any future appropriations Act, establish a multi-year 
     pilot program for leasing general purpose Boeing 767 aircraft 
     in commercial configuration.
       (b) Sections 2401 and 2401a of title 10, United States 
     Code, shall not apply to any aircraft lease authorized by 
     this section.
       (c) Under the aircraft lease Pilot Program authorized by 
     this section:
       (1) The Secretary may include terms and conditions in lease 
     agreements that are customary in aircraft leases by a non-
     Government lessor to a non-Government lessee, but only those 
     that are not inconsistent with any of the terms and 
     conditions mandated herein.
       (2) The term of any individual lease agreement into which 
     the Secretary enters under this section shall not exceed 10 
     years, inclusive of any options to renew or extend the 
     initial lease term.
       (3) The Secretary may provide for special payments in a 
     lessor if the Secretary terminates or cancels the lease prior 
     to the expiration of its term. Such special payments shall 
     not exceed an amount equal to the value of one year's lease 
     payment under the lease.
       (4) Subchapter IV of chapter 15 of Title 31, United States 
     Code shall apply to the lease transactions under this 
     section, except that the limitation in section 1553(b)(2) 
     shall not apply.
       (5) The Secretary shall lease aircraft under terms and 
     conditions consistent with this section and consistent with 
     the criteria for an operating lease as defined in OMB 
     Circular A-11, as in effect at the time of the lease.
       (6) Lease arrangements authorized by this section may not 
     commence until:
       (A) The Secretary submits a report to the congressional 
     defense committees outlining the plans for implementing the 
     Pilot Program. The report shall describe the terms and 
     conditions of proposed contracts and describe the expected 
     savings, if any, comparing total costs, including operation, 
     support, acquisition, and financing, of the lease, including 
     modification, with the outright purchase of the aircraft as 
     modified.
       (B) A period of not less than 30 calendar days has elapsed 
     after submitting the report.
       (7) Not later than 1 year after the date on which the first 
     aircraft is delivered under this Pilot Program, and yearly 
     thereafter on the anniversary of the first delivery, the 
     Secretary shall submit a report to the congressional defense 
     committees describing the status of the Pilot Program. The 
     Report will be based on at least 6 months of experience in 
     operating the Pilot Program.
       (8) The Air Force shall accept delivery of the aircraft in 
     a general purpose configuration.
       (9) At the conclusion of the lease term, each aircraft 
     obtained under that lease may be returned to the contractor 
     in the same configuration in which the aircraft was 
     delivered.
       (10) The present value of the total payments over the 
     duration of each lease entered into under this authority 
     shall not exceed 90 percent of the fair market value of the 
     aircraft obtained under that lease.
       (d) No lease entered into under this authority shall 
     provide for--
       (1) the modification of the general purpose aircraft from 
     the commercial configuration, unless and until separate 
     authority for such conversion is enacted and only to the 
     extent budget authority is provided in advance in 
     appropriations Acts for that purpose; or
       (2) the purchase of the aircraft by, or the transfer of 
     ownership to, the Air Force.
       (e) The authority granted to the Secretary of the Air Force 
     by this section is separate from and in addition to, and 
     shall not be construed to impair or otherwise affect, the 
     authority of the Secretary to procure transportation or enter 
     into leases under a provision of law other than this section.
       (f) The authority provided under this section may be used 
     to lease not more than a total of one hundred aircraft for 
     the purposes specified herein.
       Sec. 8129. From within amounts made available in the Title 
     II of this Act, under the heading ``Operation and 
     Maintenance, Army National Guard'', and notwithstanding any 
     other provision of law, $2,500,000 shall be available only 
     for repairs and safety improvements to the segment of Camp 
     McCain Road which extends from Highway 8 south toward the 
     boundary of Camp McCain, Mississippi and originating 
     intersection of Camp McCain Road; and for repairs and safety 
     improvements to the segment of Greensboro Road which connects 
     the Administration Offices of Camp McCain to the Troutt Rifle 
     Range: Provided, That these funds shall remain available 
     until expended: Provided further, That the authorized scope 
     of work includes, but is not limited to, environmental 
     documentation and mitigation, engineering and design, 
     improving safety, resurfacing, widening lanes, enhancing 
     shoulders, and replacing signs and pavement markings.
       Sec. 8130. From funds made available under Title II of this 
     Act, the Secretary of the Army may make available a grant of 
     $3,000,000 to the Chicago Park District for renovation of the 
     Broadway Armory, a former National Guard facility in the 
     Edgewater community in Chicago.
       Sec. 8131. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used to alter specifications 
     for insulation to be used on U.S. naval ships or for the 
     procurement of insulation materials different from those in 
     use as of November 1, 2001, until the Department of Defense 
     certifies to the Appropriations Committees that the proposed 
     specification changes or proposed new insulation materials 
     will be as safe, provide no increase in weight, and will not 
     increase maintenance requirements when compared to the 
     insulation material currently used.
       Sec. 8132. The provisions of S. 746 of the 107th Congress, 
     as reported to the Senate on September 21, 2001, are hereby 
     enacted into law.
       Sec. 8133. (a)(1) Chapter 131 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2228. Department of Defense strategic loan and loan 
       guaranty program

       ``(a) Authority.--The Secretary of Defense may carry out a 
     program to make direct loans and guarantee loans for the 
     purpose of supporting the attainment of the objectives set 
     forth in subsection (b).
       ``(b) Objectives.--The Secretary may, under the program, 
     make a direct loan to an applicant or guarantee the payment 
     of the principal and interest of a loan made to an applicant 
     upon the Secretary's determination that the applicant's use 
     of the proceeds of the loan will support the attainment of 
     any of the following objectives:
       ``(1) Sustain the readiness of the United States to carry 
     out the national security objectives of the United States 
     through the guarantee of steady domestic production of items 
     necessary for low intensity conflicts to counter terrorism or 
     other imminent threats to the national security of the United 
     States.
       ``(2) Sustain the economic stability of strategically 
     important domestic sectors of the defense industry that 
     manufacture or construct products for low-intensity conflicts 
     and counter terrorism to respond to attacks on United States 
     national security and to protect potential United States 
     civilian and military targets from attack.
       ``(3) Sustain the production and use of systems that are 
     critical for the exploration and development of new domestic 
     energy sources for the United States.
       ``(c) Conditions.--A loan made or guaranteed under the 
     program shall meet the following requirements:
       ``(1) The period for repayment of the loan may not exceed 
     five years.
       ``(2) The loan shall be secured by primary collateral that 
     is sufficient to pay the total amount of the unpaid principal 
     and interest of the loan in the event of default.
       ``(d) Evaluation of Cost.--As part of the consideration of 
     each application for a loan or for a guarantee of the loan 
     under the program, the Secretary shall evaluate the cost of 
     the loan within the meaning of section 502(5) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a(5)).''.
       (2) The table of sections at the beginning of such section 
     is amended by adding at the end the following new item:

``2228. Department of Defense strategic loan and loan guaranty 
              program.''.

       (b) Of the amounts appropriated by Public Law 107-38, there 
     shall be available such sums as may be necessary for the 
     costs (as defined in section 502(5) of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a(5)) of direct loans and 
     loan guarantees made under section 2228 of title 10, United 
     States Code, as added by subsection (a).
       Sec. 8134. Regulation of Biological Agents and Toxins. (a) 
     Biological Agents Provisions of the Antiterrorism and 
     Effective Death Penalty Act of 1996; Codification in the 
     Public Health Service Act, With Amendments.--
       (1) Public health service act.--Subpart 1 of part F of 
     title III of the Public Health Service Act (42 U.S.C. 262 et 
     seq.) is amended by inserting after section 351 the 
     following:

     ``SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND 
                   TOXINS.

       ``(a) Regulatory Control of Biological Agents and Toxins.--
       ``(1) List of biological agents and toxins.--
       ``(A) In general.--The Secretary shall by regulation 
     establish and maintain a list of each biological agent and 
     each toxin that has the potential to pose a severe threat to 
     public health and safety.
       ``(B) Criteria.--In determining whether to include an agent 
     or toxin on the list under subparagraph (A), the Secretary 
     shall--
       ``(i) consider--

       ``(I) the effect on human health of exposure to the agent 
     or toxin;
       ``(II) the degree of contagiousness of the agent or toxin 
     and the methods by which the agent or toxin is transferred to 
     humans;
       ``(III) the availability and effectiveness of 
     pharmacotherapies and immunizations to treat and prevent any 
     illness resulting from infection by the agent or toxin; and
       ``(IV) any other criteria, including the needs of children 
     and other vulnerable populations, that the Secretary 
     considers appropriate; and

       ``(ii) consult with appropriate Federal departments and 
     agencies, and scientific experts representing appropriate 
     professional groups, including those with pediatric 
     expertise.
       ``(2) Biennial review.--The Secretary shall review and 
     republish the list under paragraph (1) biennially, or more 
     often as needed, and shall, through rulemaking, revise the 
     list as necessary to incorporate additions or deletions to 
     ensure public health, safety, and security.
       ``(3) Exemptions.--The Secretary may exempt from the list 
     under paragraph (1)--
       ``(A) attenuated or inactive biological agents or toxins 
     used in biomedical research or for legitimate medical 
     purposes; and
       ``(B) products that are cleared or approved under the 
     Federal Food, Drug, and Cosmetic Act or under the Virus-
     Serum-Toxin Act, as amended in 1985 by the Food Safety and 
     Security Act.'';
       ``(b) Regulation of Transfers of Listed Biological Agents 
     and Toxins.--The Secretary shall by regulation provide for--
       ``(1) the establishment and enforcement of safety 
     procedures for the transfer of biological

[[Page S12490]]

     agents and toxins listed pursuant to subsection (a)(1), 
     including measures to ensure--
       ``(A) proper training and appropriate skills to handle such 
     agents and toxins; and
       ``(B) proper laboratory facilities to contain and dispose 
     of such agents and toxins;
       ``(2) safeguards to prevent access to such agents and 
     toxins for use in domestic or international terrorism or for 
     any other criminal purpose;
       ``(3) the establishment of procedures to protect the public 
     safety in the event of a transfer or potential transfer of a 
     biological agent or toxin in violation of the safety 
     procedures established under paragraph (1) or the safeguards 
     established under paragraph (2); and
       ``(4) appropriate availability of biological agents and 
     toxins for research, education, and other legitimate 
     purposes.
       ``(c) Possession and Use of Listed Biological Agents and 
     Toxins.--The Secretary shall by regulation provide for the 
     establishment and enforcement of standards and procedures 
     governing the possession and use of biological agents and 
     toxins listed pursuant to subsection (a)(1) in order to 
     protect the public health and safety, including the measures, 
     safeguards, procedures, and availability of such agents and 
     toxins described in paragraphs (1) through (4) of subsection 
     (b), respectively.
       ``(d) Registration and Traceability Mechanisms.--
     Regulations under subsections (b) and (c) shall require 
     registration for the possession, use, and transfer of 
     biological agents and toxins listed pursuant to subsection 
     (a)(1), and such registration shall include (if available to 
     the registered person) information regarding the 
     characterization of such biological agents and toxins to 
     facilitate their identification and traceability. The 
     Secretary shall maintain a national database of the location 
     of such biological agents and toxins with information 
     regarding their characterizations.
       ``(e) Inspections.--The Secretary shall have the authority 
     to inspect persons subject to the regulations under 
     subsections (b) and (c) to ensure their compliance with such 
     regulations, including prohibitions on restricted persons 
     under subsection (g).
       ``(f) Exemptions.--
       ``(1) In general.--The Secretary shall establish 
     exemptions, including exemptions from the security 
     provisions, from the applicability of provisions of--
       ``(A) the regulations issued under subsection (b) and (c) 
     when the Secretary determines that the exemptions, including 
     exemptions from the security requirements, and for the use of 
     attenuated or inactive biological agents or toxins in 
     biomedical research or for legitimate medical purposes are 
     consistent with protecting public health and safety; and
       ``(B) the regulations issued under subsection (c) for 
     agents and toxins that the Secretary determines do not 
     present a threat for use in domestic or international 
     terrorism, provided the exemptions are consistent with 
     protecting public health and safety.
       ``(2) Clinical laboratories.--The Secretary shall exempt 
     clinical laboratories and other persons that possess, use, or 
     transfer biological agents and toxins listed pursuant to 
     subsection (a)(1) from the applicability of provisions of 
     regulations issued under subsections (b) and (c) only when--
       ``(A) such agents or toxins are presented for diagnosis, 
     verification, or proficiency testing;
       ``(B) the identification of such agents and toxins is, when 
     required under Federal or State law, reported to the 
     Secretary or other public health authorities; and
       ``(C) such agents or toxins are transferred or destroyed in 
     a manner set forth by the Secretary in regulation.
       ``(g) Security Requirements for Registered Persons.--
       ``(1) Security.--In carrying out paragraphs (2) and (3) of 
     subsection (b), the Secretary shall establish appropriate 
     security requirements for persons possessing, using, or 
     transferring biological agents and toxins listed pursuant to 
     subsection (a)(1), considering existing standards developed 
     by the Attorney General for the security of government 
     facilities, and shall ensure compliance with such 
     requirements as a condition of registration under regulations 
     issued under subsections (b) and (c).
       ``(2) Limiting access to listed agents and toxins.--
     Regulations issued under subsections (b) and (c) shall 
     include provisions--
       ``(A) to restrict access to biological agents and toxins 
     listed pursuant to subsection (a)(1) only to those 
     individuals who need to handle or use such agents or toxins; 
     and
       ``(B) to provide that registered persons promptly submit 
     the names and other identifying information for such 
     individuals to the Attorney General, with which information 
     the Attorney General shall promptly use criminal, 
     immigration, and national security databases available to the 
     Federal Government to identify whether such individuals--
       ``(i) are restricted persons, as defined in section 175b of 
     title 18, United States Code; or
       ``(ii) are named in a warrant issued to a Federal or State 
     law enforcement agency for participation in any domestic or 
     international act of terrorism.
       ``(3) Consultation and implementation.--Regulations under 
     subsections (b) and (c) shall be developed in consultation 
     with research-performing organizations, including 
     universities, and implemented with timeframes that take into 
     account the need to continue research and education using 
     biological agents and toxins listed pursuant to subsection 
     (a)(1).
       ``(h) Disclosure of Information.--
       ``(1) In general.--Any information in the possession of any 
     Federal agency that identifies a person, or the geographic 
     location of a person, who is registered pursuant to 
     regulations under this section (including regulations 
     promulgated before the effective date of this subsection), or 
     any site-specific information relating to the type, quantity, 
     or characterization of a biological agent or toxin listed 
     pursuant to subsection (a)(1) or the site-specific security 
     mechanisms in place to protect such agents and toxins, 
     including the national database required in subsection (d), 
     shall not be disclosed under section 552(a) of title 5, 
     United States Code.
       ``(2) Disclosures for public health and safety; congress.--
     Nothing in this section may be construed as preventing the 
     head of any Federal agency--
       ``(A) from making disclosures of information described in 
     paragraph (1) for purposes of protecting the public health 
     and safety; or
       ``(B) from making disclosures of such information to any 
     committee or subcommittee of the Congress with appropriate 
     jurisdiction, upon request.
       ``(i) Civil Penalty.--Any person who violates any provision 
     of a regulation under subsection (b) or (c) shall be subject 
     to the United States for a civil money penalty in an amount 
     not exceeding $250,000 in the case of an individual and 
     $500,000 in the case of any other person. The provisions of 
     section 1128A of the Social Security Act (other than 
     subsections (a), (b), (h), and (i), the first sentence of 
     subsection (c), and paragraphs (1) and (2) of subsection (f)) 
     small apply to civil money penalties under this subsection in 
     the same manner as such provisions apply to a penalty or 
     proceeding under section 1128A(a) of the Social Security Act. 
     The secretary may delegate authority under this section in 
     the same manner as provided in section 1128A(j)(2) of the 
     Social Security Act and such authority shall include all 
     powers as contained in 5 U.S.C. App., section 6.''
       ``(j) Definitions.--For purposes of this section, the terms 
     `biological agent' and `toxin' have the same meaning as in 
     section 178 of title 18, United States Code.''.
       (2) Regulations.--
       (A) Date certain for promulgation; effective date regarding 
     criminal and civil penalties.--Not later than 180 days after 
     the date of the enactment of this title, the Secretary of 
     Health and Human Services shall promulgate an interim final 
     rule for carrying out section 351A(c) of the Public Health 
     Service Act, which amends the Antiterrorism and Effective 
     Death Penalty Act of 1996. Such interim final rule will take 
     effect 60 days after the date on which such rule is 
     promulgated, including for purposes of--
       (i) section 175(b) of title 18, United States Code 
     (relating to criminal penalties), as added by subsection 
     (b)(1)(B) of this section; and
       (ii) section 351A(i) of the Public Health Service Act 
     (relating to civil penalties).
       (B) Submission of registration applications.--A person 
     required to register for possession under the interim final 
     rule promulgated under subparagraph (A), shall submit an 
     application for such registration not later than 60 days 
     after the date on which such rule is promulgated.
       (3) Conforming amendment.--Subsections (d), (e), (f), and 
     (g) of section 511 of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (42 U.S.C. 262 note) are repealed.
       (4) Effective date.--Paragraph (1) shall take effect as if 
     incorporated in the Antiterrorism and Effective Death Penalty 
     Act of 1996, and any regulations, including the list under 
     subsection (d)(1) of section 511 of that Act, issued under 
     section 511 of that Act shall remain in effect as if issued 
     under section 351A of the Public Health Service Act.
       (b) Select Agents.--
       (1) In general.--Section 175 of title 18, United States 
     Code, as amended by the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 
     107-56) is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following:
       ``(b) Select Agents.--
       ``(1) Unregistered for possession.--Whoever knowingly 
     possesses a biological agent or toxin where such agent or 
     toxin is a select agent for which such person has not 
     obtained a registration required by regulation issued under 
     section 351A(c) of the Public Health Service Act shall be 
     fined under this title, or imprisoned for not more than 5 
     years, or both.
       ``(2) Transfer to unregistered person.--Whoever transfers a 
     select agent to a person who the transferor has reasons to 
     believe has not obtained a registration required by 
     regulations issued under section 351A(b) or (c) of the Public 
     Health Service Act shall be fined under this title, or 
     imprisoned for not more than 5 years, or both.''.
       (2) Definitions.--Section 175 of title 18, United States 
     Code, as amended by paragraph (1), is further amended by 
     striking subsection (d) and inserting the following:
       ``(d) Definitions.--As used in this section:
       ``(1) The terms `biological agent' and `toxin' have the 
     meanings given such terms in section 178, except that, for 
     purposes of subsections (b) and (c), such terms do not 
     encompass any biological agent or toxin that is in its 
     naturally occurring environment, if the biological agent or 
     toxin has not been cultivated, cultured, collected, or 
     otherwise extracted from its natural source.
       ``(2) The term `for use as a weapon' includes the 
     development, production, transfer, acquisition, retention, or 
     possession of any biological agent, toxin, or delivery 
     system, other than for prophylactic, protective, or other 
     peaceful purposes.
       ``(3) The term `select agent' means a biological agent or 
     toxin, as defined in paragraph (1), that is on the list that 
     is in effect pursuant to section 511(d)(1) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132),

[[Page S12491]]

     or as subsequently revised under section 351A(a) of the 
     Public Health Service Act.''.
       (3) Conforming amendment.--
       (A) Section 175(a) of title 18, United States Code, is 
     amended in the second sentence by striking ``under this 
     section'' and inserting ``under this subsection''.
       (B) Section 175(c) of title 18, United States Code, (as 
     redesignated by paragraph (1)), is amended by striking the 
     second sentence.
       (c) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services, after consultation with other appropriate 
     Federal agencies, shall submit to the Congress a report 
     that--
       (1) describes the extent to which there has been compliance 
     by governmental and private entities with applicable 
     regulations under section 351A of the Public Health Service 
     Act, including the extent of compliance before the date of 
     the enactment of this Act, and including the extent of 
     compliance with regulations promulgated after such date of 
     enactment;
       (2) describes the actions to date and future plans of the 
     Secretary for updating the list of biological agents and 
     toxins under section 351A(a)(1) of the Public Health Service 
     Act;
       (3) describes the actions to date and future plans of the 
     Secretary for determining compliance with regulations under 
     such section 351A of the Public Health Service Act and for 
     taking appropriate enforcement actions; and
       (4) provides any recommendations of the Secretary for 
     administrative or legislative initiatives regarding such 
     section 351A of the Public Health Service Act.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2002''.

  DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO 
                           PUBLIC LAW 107-38

       The funds appropriated in Public Law 107-38 subject to 
     subsequent enactment and previously designated as an 
     emergency by the President and Congress under the Balanced 
     Budget and Emergency Deficit Control Act of 1985, are 
     transferred to the following chapters and accounts as 
     follows:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                       Food and Nutrition Service


SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Special 
     Supplemental Nutrition Program for Women, Infants, and 
     Children (WIC)'', $39,000,000, to remain available until 
     September 30, 2003, to be obligated from amounts made 
     available in Public Law 107-38: Provided, That of the amounts 
     provided in this Act and any amounts available for 
     reallocation in fiscal year 2002, the Secretary shall 
     reallocate funds under section 17(g)(2) of the Child 
     Nutrition Act of 1966, as amended, in the manner and under 
     the formula the Secretary deems necessary to respond to the 
     effects of unemployment and other conditions caused by the 
     recession, and starting no later than March 1, 2002, such 
     reallocation shall occur no less frequently than every other 
     month throughout the fiscal year.

                             RELATED AGENCY

                  Commodity Futures Trading Commission

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Commodity 
     Futures Trading Commission'', $10,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         PATRIOT ACT ACTIVITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Patriot 
     Act Activities'', $25,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $2,000,000 shall be for a 
     feasibility report, as authorized by Section 405 of Public 
     Law 107-56, and of which $23,000,000 shall be for 
     implementation of such enhancements as are deemed necessary: 
     Provided, That funding for the implementation of such 
     enhancements shall be treated as a reprogramming under 
     section 605 of Public Law 107-77 and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in that section.


                   Administrative Review and Appeals

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Administrative Review and Appeals'', $3,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                            Legal Activities


            Salaries and Expenses, General Legal Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, General Legal Activities'', $6,250,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


             Salaries and Expenses, United States Attorneys

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Attorneys'', $74,600,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


         Salaries and Expenses, United States Marshals Service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Marshals Service'', $11,100,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $538,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $10,283,000 is for the 
     refurbishing of the Engineering and Research Facility and 
     $14,135,000 is for the decommissioning and renovation of 
     former laboratory space in the Hoover building.

                 Immigration and Naturalization Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States and for all 
     costs associated with the reorganization of the Immigration 
     and Naturalization Service, for ``Salaries and Expenses'', 
     $399,400,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                       Office of Justice Programs


               State and Local Law Enforcement Assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, $236,900,000 
     shall be for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Program, 
     of which $81,700,000 shall be for Northern Virginia, of which 
     $81,700,000 shall be for New Jersey, and of which $56,500,000 
     shall be for Maryland, to remain available until expended, 
     and to be obligated from amounts made available in Public Law 
     107-38.


                           Crime Victims Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Crime 
     Victims Fund'', $68,100,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     Operations and Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $1,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                         Export Administration


                     Operations and Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $1,756,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  Economic Development Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $335,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

       National Telecommunications and Information Administration


    Public Telecommunications Facilities, Planning and Construction

       For emergency grants authorized by section 392 of the 
     Communications Act of 1934, as amended, to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     $8,250,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

               United States Patent and Trademark Office


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $3,360,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             National Institute of Standards and Technology


             Scientific and Technical Research and Services

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Scientific and Technical Research and Services'', $400,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.


                  Construction of Research Facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction of Research Facilities'', $1,225,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

            National Oceanic and Atmospheric Administration


                  Operations, Research and Facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations, Research and Facilities'', $2,750,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                        Departmental Management


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $881,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

[[Page S12492]]

                             THE JUDICIARY

                   Supreme Court of the United States


                   Care of the Buildings and Grounds

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Care of 
     the Buildings and Grounds'', $30,000,000, to remain available 
     until expended for security enhancements, to be obligated 
     from amounts made available in Public Law 107-38.

     Court of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $5,000,000, is for Emergency Communications 
     Equipment, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.


                             Court Security

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Court 
     Security'', $57,521,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38, for security of the Federal judiciary, of which not 
     less than $4,000,000 shall be available to reimburse the 
     United States Marshals Service for a Supervisory Deputy 
     Marshal responsible for coordinating security in each 
     judicial district and circuit: Provided, That the funds may 
     be expended directly or transferred to the United States 
     Marshals Service.

           Administrative Office of the United States Courts


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,879,000, to remain available until 
     expended, to enhance security at the Thurgood Marshall 
     Federal Judiciary Building, to be obligated from amounts made 
     available in Public Law 107-38.

                            RELATED AGENCIES

                Equal Employment Opportunity Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,301,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   Securities and Exchange Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,705,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     Small Business Administration


                     business loans program account

       For emergency expenses for disaster recovery activities and 
     assistance related to the terrorist acts in New York, 
     Virginia and Pennsylvania on September 11, 2001, for 
     ``Business Loans Program Account'', $75,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                     Disaster Loans Program Account

       For emergency expenses for disaster recovery activities and 
     assistance related to the terrorist acts in New York, 
     Virginia and Pennsylvania on September 11, 2001, for 
     ``Disaster Loans Program Account'', $75,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 201. For purposes of assistance available under 
     section 7(b)(2) and (4) of the Small Business Act (15 U.S.C. 
     636(b)(2) and (4)) to small business concerns located in 
     disaster areas declared as a result of the September 11, 
     2001, terrorist attacks--
       (i) the term ``small business concern'' shall include not-
     for-profit institutions and small business concerns described 
     in United States Industry Codes 522320, 522390, 523210, 
     523920, 523991, 524113, 524114, 524126, 524128, 524210, 
     524291, 524292, and 524298 of the North American Industry 
     Classification System (as described in 13 C.F.R. 121.201, as 
     in effect on January 2, 2001);
       (ii) the Administrator may apply such size standards as may 
     be promulgated under such section 121.201 after the date of 
     enactment of this provision, but no later than one year 
     following the date of enactment of this Act; and
       (iii) payments of interest and principal shall be deferred, 
     and no interest shall accrue during the two-year period 
     following the issuance of such disaster loan.
       Sec. 202. Notwithstanding any other provision of law, the 
     limitation on the total amount of loans under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)) outstanding and 
     committed to a borrower in the disaster areas declared in 
     response to the September 11, 2001, terrorist attacks shall 
     be increased to $10,000,000 and the Administrator shall, in 
     lieu of the fee collected under section 7(a)(23)(A) of the 
     Small Business Act (15 U.S.C. 636(a)(23)(A)), collect an 
     annual fee of 0.25 percent of the outstanding balance of 
     deferred participation loans made under section 7(a) to small 
     businesses adversely affected by the September 11, 2001, 
     terrorist attacks and their aftermath, for a period of one 
     year following the date of enactment and to the extent the 
     costs of such reduced fees are offset by appropriations 
     provided by this Act.
       Sec. 203. Not later than April 1, 2002, the Secretary of 
     State shall submit to the Committees on Appropriations, in 
     both classified and unclassified form, a report on the United 
     States-People's Republic of China Science and Technology 
     Agreement of 1979, including all protocols. The report is 
     intended to provide a comprehensive evaluation of the 
     benefits of the agreement to the Chinese economy, military, 
     and defense industrial base. The report shall include the 
     following elements:
       (1) an accounting of all activities conducted under the 
     Agreement for the past five years, and a projection of 
     activities to be undertaken through 2010;
       (2) an estimate of the annual cost to the United States to 
     administer the Agreement;
       (3) an assessment of how the Agreement has influenced the 
     policies of the People's Republic of China toward scientific 
     and technological cooperation with the United States;
       (4) an analysis of the involvement of Chinese nuclear 
     weapons and military missile specialists in the activities of 
     the Joint Commission;
       (5) a determination of the extent to which the activities 
     conducted under the Agreement have enhanced the military and 
     industrial base of the People's Republic of China, and an 
     assessment of the impact of projected activities through 
     2010, including transfers of technology, on China's economic 
     and military capabilities; and
       (6) recommendations on improving the monitoring of the 
     activities of the Commission by the Secretaries of Defense 
     and State.
       The report shall be developed in consultation with the 
     Secretaries of Commerce, Defense, and Energy, the Directors 
     of the National Science Foundation and the Federal Bureau of 
     Investigation, and the intelligence community.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Defense 
     Emergency Response Fund'', $6,558,569,000, to remain 
     available until expended, to be obligated from amounts made 
     available by Public Law 107-38: Provided, That $20,000,000 
     shall be made available for the National Infrastructure 
     Simulation and Analysis Center (NISAC): Provided further, 
     That $500,000 shall be made available only for the White 
     House Commission on the National Moment of Remembrance: 
     Provided further, That--
       (1) $35,000,000 shall be available for the procurement of 
     the Advance Identification Friend-or-Foe system for 
     integration into F-16 aircraft of the Air National Guard that 
     are being used in continuous air patrols over Washington, 
     District of Columbia, and New York, New York; and
       (2) $20,000,000 shall be available for the procurement of 
     the Transportation Multi-Platform Gateway for integration 
     into the AWACS aircraft that are being used to perform early 
     warning surveillance over the United States.

                              PROCUREMENT

                      Other Procurement, Air Force

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Other 
     Procurement, Air Force'', $210,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     by Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 301. Amounts available in the ``Defense Emergency 
     Response Fund'' shall be available for the purposes set forth 
     in the 2001 Emergency Supplemental Appropriations Act for 
     Recovery from and Response to Terrorist Attacks on the United 
     States (Public Law 107-38): Provided, That the Fund may be 
     used to reimburse other appropriations or funds of the 
     Department of Defense only for costs incurred for such 
     purposes between September 11 and December 31, 2001: Provided 
     further, That such Fund may be used to liquidate obligations 
     incurred by the Department under the authorities in 41 U.S.C. 
     11 for any costs incurred for such purposes between September 
     11 and September 30, 2001: Provided further, That the 
     Secretary of Defense may transfer funds from the Fund to the 
     appropriation, ``Support for International Sporting 
     Competitions, Defense'', to be merged with, and available for 
     the same time period and for the same purposes as that 
     appropriation: Provided further, That the transfer authority 
     provided by this section is in addition to any other transfer 
     authority available to the Secretary of Defense: Provided 
     further, That the Secretary of Defense shall report to the 
     Congress quarterly all transfers made pursuant to this 
     authority.
       Sec. 302. Amounts in the ``Support for International 
     Sporting Competitions, Defense'', may be used to support 
     essential security and safety for the 2002 Winter Olympic 
     Games in Salt Lake City, Utah, without the certification 
     required under subsection 10 U.S.C. 2564(a). Further, the 
     term ``active duty'', in section 5802 of Public Law 104-208 
     shall include State active duty and full-time National Guard 
     duty performed by members of the Army National Guard and Air 
     National Guard in connection with providing essential 
     security and safety support to the 2002 Winter Olympic Games 
     and logistical and security support to the 2002 Paralympic 
     Games.
       Sec. 303. 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).

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

Federal Payment to the District of Columbia for Protective Clothing and 
                          Breathing Apparatus

       For a Federal payment to the District of Columbia for 
     protective clothing and breathing apparatus, to be obligated 
     from amounts made available in Public Law 107-38 and to 
     remain available until September 30, 2003, $7,144,000, of 
     which $922,000 is for the Fire and Emergency

[[Page S12493]]

     Medical Services Department, $4,269,000 is for the 
     Metropolitan Police Department, $1,500,000 is for the 
     Department of Health, and $453,000 is for the Department of 
     Public Works.

 Federal Payment to the District of Columbia for Specialized Hazardous 
                          Materials Equipment

       For a Federal payment to the District of Columbia for 
     specialized hazardous materials equipment, to be obligated 
     from amounts made available in Public Law 107-38 and to 
     remain available until September 30, 2003, $1,032,000, for 
     the Fire and Emergency Medical Services Department.

Federal Payment to the District of Columbia for Chemical and Biological 
                          Weapons Preparedness

       For a Federal payment to the District of Columbia for 
     chemical and biological weapons preparedness, to be obligated 
     from amounts made available in Public Law 107-38 and to 
     remain available until September 30, 2003, $10,355,000, of 
     which $205,000 is for the Fire and Emergency Medical Services 
     Department, $258,000 is for the Metropolitan Police 
     Department, and $9,892,000 is for the Department of Health.

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

       For a Federal payment to the District of Columbia for 
     pharmaceuticals for responders, to be obligated from amounts 
     made available in Public Law 107-38 and to remain available 
     until September 30, 2003, $2,100,000, for the Department of 
     Health.

     Federal Payment to the District of Columbia for Response and 
                       Communications Capability

       For a Federal payment to the District of Columbia for 
     response and communications capability, to be obligated from 
     amounts made available in Public Law 107-38 and to remain 
     available until September 30, 2003, $14,960,000, of which 
     $7,755,000 is for the Fire and Emergency Medical Services 
     Department, $5,855,000 is for the Metropolitan Police 
     Department, $113,000 is for the Department of Public Works 
     Division of Transportation, $58,000 is for the Office of 
     Property Management, $60,000 is for the Department of Public 
     Works, $750,000 is for the Department of Health, $309,000 is 
     for the Department of Human Services, and $60,000 is for the 
     Department of Parks and Recreation.

  Federal Payment to the District of Columbia for Search, Rescue and 
                 Other Emergency Equipment and Support

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for search, 
     rescue and other emergency equipment and support, $8,850,000, 
     of which $5,442,000 is for the Metropolitan Police 
     Department, $208,000 is for the Fire and Emergency Medical 
     Services Department, $398,500 is for the Department of 
     Consumer and Regulatory Affairs, $1,178,500 is for the 
     Department of Public Works, $542,000 is for the Department of 
     Human Services, and $1,081,000 is for the Department of 
     Mental Health.

Federal Payment to the District of Columbia for Equipment, Supplies and 
         Vehicles for the Office of the Chief Medical Examiner

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for 
     equipment, supplies and vehicles for the Office of the Chief 
     Medical Examiner, $1,780,000.

 Federal Payment to the District of Columbia for Hospital Containment 
                Facilities for the Department of Health

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for 
     hospital containment facilities for the Department of Health, 
     $8,000,000.

Federal Payment to the District of Columbia for the Office of the Chief 
                           Technology Officer

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for the 
     Office of the Chief Technology Officer, $43,994,000, for a 
     first response land-line and wireless interoperability 
     project, of which $1,000,000 shall be used to initiate a 
     comprehensive review, by a non-vendor contractor, of the 
     District's current technology-based systems and to develop a 
     plan for integrating the communications systems of the 
     District of Columbia Metropolitan Police and Fire and 
     Emergency Medical Services Departments with the systems of 
     regional and federal law enforcement agencies, including but 
     not limited to the United States Capitol Police, United 
     States Park Police, United States Secret Service, Federal 
     Bureau of Investigation, Federal Protective Service, and the 
     Washington Metropolitan Area Transit Authority Police: 
     Provided, That such plan shall be submitted to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives no later than June 15, 2002.

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for 
     emergency traffic management, $20,700,000, for the Department 
     of Public Works Division of Transportation, of which 
     $14,000,000 is to upgrade traffic light controllers, 
     $4,700,000 is to establish a video traffic monitoring system, 
     and $2,000,000 is to disseminate traffic information.

 Federal Payment to the District of Columbia for Training and Planning

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for 
     training and planning, $11,449,000, of which $4,400,000 is 
     for the Fire and Emergency Medical Services Department, 
     $990,000 is for the Metropolitan Police Department, 
     $1,200,000 is for the Department of Health, $200,000 is for 
     the Office of the Chief Medical Examiner, $1,500,000 is for 
     the Emergency Management Agency, $500,000 is for the Office 
     of Property Management, $500,000 is for the Department of 
     Mental Health, $469,000 is for the Department of Consumer and 
     Regulatory Affairs, $240,000 is for the Department of Public 
     Works, $600,000 is for the Department of Human Services, 
     $100,000 is for the Department of Parks and Recreation, 
     $750,000 is for the Division of Transportation.

   Federal Payment to the District of Columbia for Increased Security

       For a Federal payment to the District of Columbia, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, for 
     increased facility security, $25,536,000, of which $3,900,000 
     is for the Emergency Management Agency, $14,575,000 for the 
     public schools, and $7,061,000 for the Office of Property 
     Management.

 Federal Payment to the Washington Metropolitan Area Transit Authority

       For a Federal payment to the Washington Metropolitan Area 
     Transit Authority to meet region-wide security requirements, 
     a contribution of $39,100,000, to be obligated from amounts 
     made available in Public Law 107-38 and to remain available 
     until September 30, 2003, of which $5,000,000 shall be used 
     for protective clothing and breathing apparatus, $17,200,000 
     shall be for completion of the fiber optic network project 
     and an automatic vehicle locator system, and $16,900,000 
     shall be for increased employee and facility security.

 Federal Payment to the Metropolitan Washington Council of Governments

       For a Federal payment to the Metropolitan Washington 
     Council of Governments to enhance regional emergency 
     preparedness, coordination and response, $5,000,000, to be 
     obligated from amounts made available in Public Law 107-38 
     and to remain available until September 30, 2003, of which 
     $1,500,000 shall be used to contribute to the development of 
     a comprehensive regional emergency preparedness, coordination 
     and response plan, $500,000 shall be used to develop a 
     critical infrastructure threat assessment model, $500,000 
     shall be used to develop and implement a regional 
     communications plan, and $2,500,000 shall be used to develop 
     protocols and procedures for training and outreach exercises.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 401. Notwithstanding any other provision of law, the 
     Chief Financial Officer of the District of Columbia may 
     transfer up to 5 percent of the funds appropriated to the 
     District of Columbia in this chapter between these accounts: 
     Provided, That no such transfer shall take place unless the 
     Chief Financial Officer of the District of Columbia notifies 
     in writing the Committees on Appropriations of the Senate and 
     the House of Representatives 30 days in advance of such 
     transfer.
       Sec. 402. The Chief Financial Officer of the District of 
     Columbia and the Chief Financial Officer of the Washington 
     Metropolitan Area Transit Authority shall provide quarterly 
     reports to the President and the Committees on Appropriations 
     of the Senate and the House of Representatives on the use of 
     the funds under this chapter beginning no later than March 
     15, 2002.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


                   Operation and Maintenance, General

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operation 
     and Maintenance, General'', $139,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      Water and Related Resources

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Water and 
     Related Resources'', $30,259,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $106,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                    Other Defense Related Activities


                        Other Defense Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological threats to civilian 
     populations, for ``Other Defense Activities'', $3,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

[[Page S12494]]

         Defense Environmental Restoration and Waste Management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Environmental Restoration and Waste Management'', $8,200,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 Operation of the National Park System

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operation 
     of the National Park System'', $10,098,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                       United States Park Police

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``United 
     States Park Police'', $25,295,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                              Construction

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $21,624,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,205,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, for the working capital fund of the 
     Department of the Interior.

                            RELATED AGENCIES

                        Smithsonian Institution


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $21,707,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                        National Gallery of Art


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,148,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             John F. Kennedy Center for the Performing Arts


                       Operations and Maintenance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Maintenance'', $4,310,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  National Capital Planning Commission


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $758,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Training 
     and employment services'', $32,500,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38: Provided, That such amount shall be 
     provided to the Consortium for Worker Education, established 
     by the New York City Central Labor Council and the New York 
     City Partnership, for an Emergency Employment Clearinghouse.


     State Unemployment Insurance and Employment Service Operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``State 
     Unemployment Insurance and Employment Service Operations'', 
     $4,100,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                     workers compensation programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Workers 
     Compensation Programs'', $175,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38: Provided, That, of such amount, 
     $125,000,000 shall be for payment to the New York State 
     Workers Compensation Review Board, for the processing of 
     claims related to the terrorist attacks: Provided further, 
     That, of such amount, $25,000,000 shall be for payment to the 
     New York State Uninsured Employers Fund, for reimbursement of 
     claims related to the terrorist attacks: Provided further, 
     That, of such amount, $25,000,000 shall be for payment to the 
     New York State Uninsured Employers Fund, for reimbursement of 
     claims related to the first response emergency services 
     personnel who were injured, were disabled, or died due to the 
     terrorist attacks.

              Pension and Welfare Benefits Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,600,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                        Departmental Management


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $5,880,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                disease control, research, and training

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Disease 
     control, research, and training'' for baseline safety 
     screening for the emergency services personnel and rescue and 
     recovery personnel, $12,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     National Institutes of Health


          national institute of environmental health sciences

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``National 
     Institute of Environmental Health Sciences'' for carrying out 
     activities set forth in section 311(a) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980, $10,500,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                        Office of the Secretary


            Public Health and Social Services Emergency Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, to provide 
     grants to public entities, not-for-profit entities, and 
     Medicare and Medicaid enrolled suppliers and institutional 
     providers to reimburse for health care related expenses or 
     lost revenues directly attributable to the public health 
     emergency resulting from the September 11, 2001, terrorist 
     acts, for ``Public Health and Social Services Emergency 
     Fund'', $140,000,000, to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38: Provided, That none of the costs have been reimbursed or 
     are eligible for reimbursement from other sources.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education


                      School Improvement Programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``School 
     Improvement Programs'', for the Project School Emergency 
     Response to Violence program, $10,000,000, to be obligated 
     from amounts made available in Public Law 107-38.

                            RELATED AGENCIES

                     Social Security Administration


                 Limitation on Administrative Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Limitation on Administrative Expenses'', $7,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                     National Labor Relations Board


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $180,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                              JOINT ITEMS


               Legislative Branch Emergency Response Fund

                     (Including Transfer of Funds)

       For emergency expenses to respond to the terrorist attacks 
     on the United States, $256,081,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That $34,500,000 shall be 
     transferred to the ``SENATE'', ``Sergeant at Arms and 
     Doorkeeper of the Senate'' and shall be obligated with the 
     prior approval of the Senate Committee on Appropriations: 
     Provided further, That $40,712,000 shall be transferred to 
     ``HOUSE OF REPRESENTATIVES'', ``Salaries and Expenses'' and 
     shall be obligated with the prior approval of the House 
     Committee on Appropriations: Provided further, That the 
     remaining balance of $180,869,000 shall be transferred to the 
     Capitol Police Board, which shall transfer to the affected 
     entities in the Legislative Branch such amounts as are 
     approved by the House and Senate Committees on 
     Appropriations: Provided further, That any Legislative Branch 
     entity receiving funds pursuant to the Emergency Response 
     Fund established by Public Law 107-38 (without regard to 
     whether the funds are provided under this chapter or pursuant 
     to any other provision of law) may transfer any funds 
     provided to the entity to any other Legislative Branch entity 
     receiving funds under

[[Page S12495]]

     Public Law 107-38 in an amount equal to that required to 
     provide support for security enhancements, subject to the 
     approval of the Committees on Appropriations of the House of 
     Representatives and Senate.

                                 SENATE

                       Administrative Provisions

       Sec. 801. (a) Acquisition of Buildings and Facilities.--
     Notwithstanding any other provision of law, in order to 
     respond to an emergency situation, the Sergeant at Arms of 
     the Senate may acquire buildings and facilities, subject to 
     the availability of appropriations, for the use of the 
     Senate, as appropriate, by lease, purchase, or such other 
     arrangement as the Sergeant at Arms of the Senate considers 
     appropriate (including a memorandum of understanding with the 
     head of an Executive Agency, as defined in section 105 of 
     title 5, United States Code, in the case of a building or 
     facility under the control of such Agency). Actions taken by 
     the Sergeant at Arms of the Senate must be approved by the 
     Committees on Appropriations and Rules and Administration.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the 
     Sergeant at Arms of the Senate may carry out such activities 
     and enter into such agreements related to the use of any 
     building or facility acquired pursuant to such subsection as 
     the Sergeant at Arms of the Senate considers appropriate, 
     including--
       (1) agreements with the United States Capitol Police or any 
     other entity relating to the policing of such building or 
     facility; and
       (2) agreements with the Architect of the Capitol or any 
     other entity relating to the care and maintenance of such 
     building or facility.
       (c) Authority of Capitol Police and Architect.--
       (1) Architect of the capitol.--Notwithstanding any other 
     provision of law, the Architect of the Capitol may take any 
     action necessary to carry out an agreement entered into with 
     the Sergeant at Arms of the Senate pursuant to subsection 
     (b).
       (2) Capitol police.--Section 9 of the Act of July 31, 1946 
     (40 U.S.C. 212a) is amended--
       (A) by striking ``The Capitol Police'' and inserting ``(a) 
     The Capitol Police''; and
       (B) by adding at the end the following new subsection:
       ``(b) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include any building or 
     facility acquired by the Sergeant at Arms of the Senate for 
     the use of the Senate for which the Sergeant at Arms of the 
     Senate has entered into an agreement with the United States 
     Capitol Police for the policing of the building or 
     facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the Senate, the Architect 
     of the Capitol may transfer to the Sergeant at Arms of the 
     Senate amounts made available to the Architect for necessary 
     expenses for the maintenance, care and operation of the 
     Senate office buildings during a fiscal year in order to 
     cover any portion of the costs incurred by the Sergeant at 
     Arms of the Senate during the year in acquiring a building or 
     facility pursuant to subsection (a).
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 802. (a) Notwithstanding any other provision of law--
       (1) subject to subsection (b), the Sergeant at Arms of the 
     Senate and the head of an Executive Agency (as defined in 
     section 105 of title 5, United States Code) may enter into a 
     memorandum of understanding under which the Agency may 
     provide facilities, equipment, supplies, personnel, and other 
     support services for the use of the Senate during an 
     emergency situation; and
       (2) the Sergeant at Arms of the Senate and the head of the 
     Agency may take any action necessary to carry out the terms 
     of the memorandum of understanding.
       (b) The Sergeant at Arms of the Senate may enter into a 
     memorandum of understanding described in subsection (a)(1) 
     consistent with the Senate Procurement Regulations.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

       Sec. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 
     206-1) is amended by striking ``but not to exceed'' and all 
     that follows and inserting the following: ``but not to exceed 
     $2,500 less than the lesser of the annual salary for the 
     Sergeant at Arms of the House of Representatives or the 
     annual salary for the Sergeant at Arms and Doorkeeper of the 
     Senate.''.
       (b) The Assistant Chief of the Capitol Police shall receive 
     compensation at a rate determined by the Capitol Police 
     Board, but not to exceed $1,000 less than the annual salary 
     for the chief of the United States Capitol Police.
       (c) This section and the amendment made by this section 
     shall apply with respect to pay periods beginning on or after 
     the date of the enactment of this Act.
       Sec. 804. (a) Assistance for Capitol Police From Executive 
     Departments and Agencies.--Notwithstanding any other 
     provision of law, Executive departments and Executive 
     agencies may assist the United States Capitol Police in the 
     same manner and to the same extent as such departments and 
     agencies assist the United States Secret Service under 
     section 6 of the Presidential Protection Assistance Act of 
     1976 (18 U.S.C. 3056 note), except as may otherwise be 
     provided in this section.
       (b) Terms of Assistance.--Assistance under this section 
     shall be provided--
       (1) consistent with the authority of the Capitol Police 
     under sections 9 and 9A of the Act of July 31, 1946 (40 
     U.S.C. 212a and 212a-2);
       (2) upon the advance written request of--
       (A) the Chairman of the Capitol Police Board, or
       (B) in the absence of the Chairman of the Capitol Police 
     Board--
       (i) the Sergeant at Arms and Doorkeeper of the Senate, in 
     the case of any matter relating to the Senate; or
       (ii) the Sergeant at Arms of the House of Representatives, 
     in the case of any matter relating to the House; and
       (3) either--
       (A) on a temporary and non-reimbursable basis,
       (B) on a temporary and reimbursable basis, or
       (C) on a permanent reimbursable basis upon advance written 
     request of the Chairman of the Capitol Police Board.
       (c) Reports on Expenditures for Assistance.--
       (1) Reports.--With respect to any fiscal year in which an 
     Executive department or Executive agency provides assistance 
     under this section, the head of that department or agency 
     shall submit a report not later than 30 days after the end of 
     the fiscal year to the Chairman of the Capitol Police Board.
       (2) Contents.--The report submitted under paragraph (1) 
     shall contain a detailed account of all expenditures made by 
     the Executive department or Executive agency in providing 
     assistance under this section during the applicable fiscal 
     year.
       (3) Summary of reports.--After receipt of all reports under 
     paragraph (2) with respect to any fiscal year, the Chairman 
     of the Capitol Police Board shall submit a summary of such 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (d) Effective Date.--This section shall apply with respect 
     to fiscal year 2002 and each succeeding fiscal year.
       Sec. 805. (a) The Chief of the Capitol Police may, upon any 
     emergency as determined by the Capitol Police Board, deputize 
     members of the National Guard (while in the performance of 
     Federal or State service), members of components of the Armed 
     Forces other than the National Guard, and Federal, State or 
     local law enforcement officers as may be necessary to address 
     that emergency. Any person deputized under this section shall 
     possess all the powers and privileges and may perform all 
     duties of a member or officer of the Capitol Police.
       (b) The Capitol Police Board may promulgate regulations, as 
     determined necessary, to carry out provisions of this 
     section.
       (c) This section shall apply to fiscal year 2002 and each 
     fiscal year thereafter.
       Sec. 806. (a) Notwithstanding any other provision of law, 
     the United States Capitol Preservation Commission established 
     under section 801 of the Arizona-Idaho Conservation Act of 
     1988 (40 U.S.C. 188a) may transfer to the Architect of the 
     Capitol amounts in the Capitol Preservation Fund established 
     under section 803 of such Act (40 U.S.C. 188a-2) if the 
     amounts are to be used by the Architect for the planning, 
     engineering, design, or construction of the Capitol Visitor 
     Center.
       (b) Any amounts transferred pursuant to subsection (a) 
     shall remain available for the use of the Architect of the 
     Capitol until expended.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                               CHAPTER 9

                         MILITARY CONSTRUCTION

                  Military Construction, Defense-Wide

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Defense-wide'', $510,000,000 to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38: Provided, That of such 
     amount, $35,000,000 shall be available for transfer to 
     ``Military Construction, Army''.

                      Military Construction, Army

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Army'', $20,700,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                      Military Construction, Navy

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Navy'', $2,000,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                    Military Construction, Air Force

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Air Force'', $47,700,000 to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 901. (a) Availability of Amounts for Military 
     Construction Relating to Terrorism.--Amounts made available 
     to the Department of Defense from funds appropriated in 
     Public Law 107-38 and this Act may be used to carry out 
     military construction projects, not otherwise authorized by 
     law, that the Secretary of Defense determines are necessary 
     to respond to or protect against acts or threatened acts of 
     terrorism.
       (b) Notice to Congress.--Not later than 15 days before 
     obligating amounts available under subsection (a) for 
     military construction projects referred to in that subsection 
     the Secretary shall notify the appropriate committees of 
     Congress the following:
       (1) The determination to use such amounts for the project.
       (2) The estimated cost of the project.
       (c) Appropriate Committees of Congress Defined.--In this 
     section the term ``appropriate

[[Page S12496]]

     committees of Congress'' has the meaning given that term in 
     section 2801 (4) of title 10, United States Code.
       Sec. 902. Notwithstanding section 2808(a) of title 10, 
     United States Code, the Secretary of Defense may not utilize 
     the authority in that section to undertake or authorize the 
     undertaking of, any military construction project described 
     by that section using amounts appropriated or otherwise made 
     available by the Military Construction Appropriations Act, 
     2002, or any act appropriating funds for Military 
     Construction for a fiscal year before fiscal year 2002.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', for the Office of Intelligence and Security, 
     $1,500,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                        Payments to Air Carriers


                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, in addition to 
     funds made available from any other source to carry out the 
     essential air service program under 49 U.S.C. 41731 through 
     41742, to be derived from the Airport and Airway Trust Fund, 
     $57,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                              Coast Guard


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $273,350,000, to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38.

                    Federal Aviation Administration


                               Operations

                    (Airport and Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations'', $300,000,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38.


                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Facilities and Equipment'', $108,500,000, to be derived 
     from the Airport and Airway Trust Fund and to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                 Research, Engineering, and Development

                    (Airport And Airway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research, 
     Engineering, and Development'', $12,000,000, to be derived 
     from the Airport and Airway Trust Fund, to be obligated from 
     amounts made available in Public Law 107-38.

                     Federal Highway Administration


                      Miscellaneous Appropriations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Miscellaneous Appropriations'', including the operation and 
     construction of ferrys and ferry facilities, $110,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                          Federal-Aid Highways

                        Emergency Relief Program

                          (Highway Trust Fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Emergency 
     Relief Program'', as authorized by section 125 of title 23, 
     United States Code, $75,000,000, to be derived from the 
     Highway Trust Fund and to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38.

                    Federal Railroad Administration


                         Safety and Operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Safety 
     and Operations'', $6,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


     Capital Grants To The National Railroad Passenger Corporation

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for necessary 
     expenses of capital improvements of the National Railroad 
     Passenger Corporation as authorized by 49 U.S.C. 24104(a), 
     $100,000,000, to remain available until expended, and to be 
     obligated from amounts made available in Public Law 107-38.

                     Federal Transit Administration


                             Formula Grants

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Formula 
     Grants'', $23,500,000, to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38.


                       Capital Investment Grants

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Capital 
     Investment Grants'', $100,000,000, to be obligated from 
     amounts made available in Public Law 107-38: Provided, That 
     in administering funds made available under this paragraph, 
     the Federal Transit Administrator shall direct funds to those 
     transit agencies most severely impacted by the terrorist 
     attacks of September 11, 2001, excluding any transit agency 
     receiving a Federal payment elsewhere in this Act: Provided 
     further, That the provisions of 49 U.S.C. 5309(h) shall not 
     apply to funds made available under this paragraph.

              Research and Special Programs Administration


                     Research and Special Programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and Special Programs'', $6,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                      Office of Inspector General


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States and for other 
     safety and security related audit and monitoring 
     responsibilities, for ``Salaries and Expenses'', $2,000,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  National Transportation Safety Board


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $836,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 11

                       DEPARTMENT OF THE TREASURY

                Inspector General for Tax Administration


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,032,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.

                  Financial Crimes Enforcement Network


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,700,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $22,846,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                      Financial Management Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $600,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                Bureau of Alcohol, Tobacco and Firearms


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $31,431,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     United States Customs Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $127,603,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38; of this amount, not less than $21,000,000 
     shall be available for increased staffing to combat terrorism 
     along the Nation's borders.


  Operation, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operation, Maintenance and Procurement, Air and Marine 
     Interdiction Programs'', $6,700,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                        Internal Revenue Service


                 Processing, Assistance and Management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Processing, Assistance and Management'', $16,658,000, to 
     remain available until expended, to be obligated from amounts 
     made available by Public Law 107-38.


                          Tax Law Enforcement

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Tax Law 
     Enforcement'', $4,544,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.


                          Information Systems

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Information Systems'', $15,991,000, to remain available 
     until expended, to be obligated from amounts made available 
     by Public Law 107-38.

                      United States Secret Service


                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $104,769,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

[[Page S12497]]

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $29,193,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         Federal Building Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Federal 
     Buildings Fund'', $126,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

              National Archives and Records Administration


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $4,818,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.


                        Repairs and Restoration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Repairs 
     and Restoration'', $2,180,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 12

                     DEPARTMENT OF VETERANS AFFAIRS


                      CONSTRUCTION, MAJOR PROJECTS

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction, Major Projects'', $2,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       COMMUNITY DEVELOPMENT FUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Community 
     development fund'', $2,000,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That such funds shall be subject 
     to the first through sixth provisos in section 434 of Public 
     Law 107-73: Provided further, That within 45 days of 
     enactment, the State of New York, in conjunction with the 
     City of New York, shall establish a corporation for the 
     obligation of the funds provided under this heading, issue 
     the initial criteria and requirements necessary to accept 
     applications from individuals, nonprofits and small 
     businesses for economic losses from the September 11, 2001, 
     terrorist attacks, and begin processing such applications: 
     Provided further, That the corporation shall respond to any 
     application from an individual, nonprofit or small business 
     for economic losses under this heading within 45 days of the 
     submission of an application for funding: Provided further, 
     That individuals, nonprofits or small businesses shall be 
     eligible for compensation only if located in New York City in 
     the area located on or south of Canal Street, on or south of 
     East Broadway (east of its intersection with Canal Street), 
     or on or south of Grand Street (east of its intersection with 
     East Broadway): Provided further, That, of the amount made 
     available under this heading, no less than $500,000,000 shall 
     be made available for individuals, nonprofits or small 
     businesses described in the prior three provisos with a limit 
     of $500,000 per small business for economic losses.

                     Management and Administration


                      OFFICE OF INSPECTOR GENERAL

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Office of 
     Inspector General'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                         SCIENCE AND TECHNOLOGY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Science and 
     Technology'', $41,514,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for 
     ``Environmental Programs and Management'', $32,194,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                     HAZARDOUS SUBSTANCE SUPERFUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Hazardous 
     Substance Superfund'', $18,292,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                   STATE AND TRIBAL ASSISTANCE GRANTS

       For making grants for emergency expenses to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     and to support activities related to countering potential 
     biological and chemical threats to populations, for ``State 
     and Tribal Assistance Grants'', $5,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  Federal Emergency Management Agency


                            DISASTER RELIEF

       For disaster recovery activities and assistance related to 
     the terrorist attacks in New York, Virginia, and Pennsylvania 
     on September 11, 2001, for ``Disaster Relief'', 
     $5,822,722,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.


                         SALARIES AND EXPENSES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $30,000,000, to remain available until 
     expended, for the Office of National Preparedness, to be 
     obligated from amounts made available in Public Law 107-38.

             National Aeronautics and Space Administration


                           HUMAN SPACE FLIGHT

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Human 
     Space Flight'', $64,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                  SCIENCE, AERONAUTICS AND TECHNOLOGY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Science, 
     Aeronautics and Technology'', $28,600,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and Related Activities'', $300,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 13

                   GENERAL PROVISIONS, THIS DIVISION

       Sec. 1301. Amounts which may be obligated pursuant to this 
     division are subject to the terms and conditions provided in 
     Public Law 107-38.
       Sec. 1302. No part of any appropriation contained in this 
     division shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.
       This division may be cited as the ``Emergency Supplemental 
     Act, 2002''.

           DIVISION C--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS

                       TITLE I--HOMELAND DEFENSE

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       For an additional amount for ``Office of the Secretary'', 
     $76,000,000.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $60,000,000.


                        BUILDINGS AND FACILITIES

       For an additional amount for ``Buildings and Facilities'', 
     $150,000,000, to remain available until September 30, 2003.

      Cooperative State Research, Education, and Extension Service


                         RESEARCH AND EDUCATION

       For an additional amount for ``Research and Education'', 
     $50,000,000.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Salaries and Expenses'', 
     $90,000,000, of which $50,000,000 may be transferred and 
     merged with the Agriculture Quarantine Inspection User Fee 
     Account.


                        BUILDINGS AND FACILITIES

       For an additional amount for ``Buildings and Facilities'', 
     $14,081,000, to remain available until September 30, 2003.

                   Food Safety and Inspection Service

       For an additional amount for ``Food Safety and Inspection 
     Service'', $15,000,000.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $120,000,000.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                         PATRIOT ACT ACTIVITIES

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Patriot 
     Act Activities'', $75,000,000, to remain available until 
     September 30, 2003, for implementation of such enhancements 
     to the Federal Bureau of Investigation as are deemed 
     necessary by the study required under chapter 2 of division B 
     of this Act: Provided, That funding for the implementation of 
     such enhancements shall be treated as a reprogramming under 
     section 605 of Public Law 107-77 and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                            Legal Activities


            Salaries and Expenses, General Legal Activities

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, General Legal Activities'', $15,000,000, to 
     remain available until September 30, 2003.


         Salaries and Expenses, United States Marshals Service

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the

[[Page S12498]]

     United States, for ``Salaries and Expenses, United States 
     Marshals Service'', $5,875,000, to remain available until 
     September 30, 2003.
       In addition, for an additional amount to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     for courthouse security equipment, $9,125,000, to remain 
     available until September 30, 2003.


                              construction

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $35,000,000, to remain available until 
     Stepember 30, 2003.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $200,000,000, to remain available until 
     September 30, 2003.

                 Immigration and Naturalization Service


                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $35,100,000, to remain available until 
     September 30, 2003.


                              CONSTRUCTION

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $300,000,000, to remain available until 
     September 30, 2003.

                         Federal Prison System


                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,000,000, to remain available until 
     September 30, 2003.

                       Office of Justice Programs


                           justice assistance

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Justice 
     Assistance'', $550,000,000, to remain available until 
     September 30, 2003, for grants, cooperative agreements, and 
     other assistance authorized by sections 819 and 821 of the 
     Antiterrorism and Effective Death Penalty Act of 1996 and for 
     other counter terrorism programs.


               State and Local Law Enforcement Assistance

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, $35,000,000 
     shall be for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Program, 
     to remain available until September 30, 2003.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


             Scientific and Technical Research and Services

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Scientific and Technical Research and Services'', 
     $30,000,000, to remain available until September 30, 2003.

                            RELATED AGENCIES

                      Department of Transportation

                        Maritime Administration


                        OPERATIONS AND TRAINING

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Training'', $11,000,000, for a port security 
     program, to remain available until September 30, 2003.


          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for the cost of 
     guaranteed loans, as authorized by the Merchant Marine Act, 
     1936, $12,000,000, to remain available until September 30, 
     2003: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended.

                        Federal Trade Commission


                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,000,000, to remain available until 
     September 30, 2003.

                               CHAPTER 3

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $179,000,000, to 
     remain available until September 30, 2003.


                    Defense Nuclear Nonproliferation

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to improve nuclear nonproliferation and verification 
     research and development, for ``Defense Nuclear 
     Nonproliferation'', $286,000,000, to remain available until 
     September 30, 2003.

                           INDEPENDENT AGENCY

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     power plants, for ``Salaries and Expenses'', $36,000,000, to 
     remain available until September 30, 2003: Provided, That the 
     funds appropriated herein shall be excluded from license fee 
     revenues, notwithstanding 42 U.S.C. 2214.

                               CHAPTER 4

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            Public Health and Social Services Emergency Fund

       For an additional amount for emergency expenses necessary 
     to support activities related to countering potential 
     biological, disease, and chemical threats to civilian 
     populations, for ``Public Health and Social Services 
     Emergency Fund'', $3,325,000,000, to remain available until 
     September 30, 2003. Of this amount, $1,150,000,000 shall be 
     for the Centers for Disease Control and Prevention for 
     improving State and local capacity; $165,000,000 shall be for 
     grants to hospitals, in collaboration with local governments, 
     to improve capacity to respond to bioterrorism; $185,000,000 
     shall be for upgrading capacity at the Centers for Disease 
     Control and Prevention, including research; $10,000,000 shall 
     be for the establishment and operation of a national system 
     to track biological pathogens; $95,000,000 shall be for the 
     Office of the Secretary and improving disaster response 
     teams; $125,000,000 shall be for the National Institute of 
     Allergy and Infectious Diseases for bioterrorism-related 
     research and development and other related needs; $96,000,000 
     shall be for the National Institute of Allergy and Infectious 
     Diseases for the construction of biosafety laboratories and 
     related infrastructure costs; $4,000,000 shall be for 
     training and education regarding effective workplace 
     responses to bioterrorism; $593,000,000 shall be for the 
     National Pharmaceutical Stockpile; $829,000,000 shall be for 
     the purchase, deployment and related costs of the smallpox 
     vaccine, and $73,000,000 shall be for improving laboratory 
     security at the National Institutes of Health and the Centers 
     for Disease Control and Prevention. At the discretion of the 
     Secretary, these amounts may be transferred between 
     categories subject to normal reprogramming procedures.

                               CHAPTER 5

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


                           Operating Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $12,000,000, to remain available until September 
     30, 2003.

                    Federal Aviation Administration


                 Research, Engineering, and Development

                    (Airport And Airway Trust Fund)

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research, 
     Engineering, and Development'', $38,000,000, to be derived 
     from the Airport and Airway Trust Fund.


                       Grants-In-Aid For Airports

                    (Airport And Airway Trust Fund)

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, notwithstanding 
     any other provision of law, for ``Grants-in-aid for 
     airports'', to enable the Federal Aviation Administrator to 
     compensate airports for a portion of the direct costs 
     associated with new, additional or revised security 
     requirements imposed on airport operators by the 
     Administrator on or after September 11, 2001, $200,000,000, 
     to be derived from the Airport and Airway Trust Fund, to 
     remain available until September 30, 2003.

                               CHAPTER 6

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service


                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $270,972,000, to remain available until 
     September 30, 2003; of this amount, not less than 
     $120,000,000 shall be available for increased staffing to 
     combat terrorism along the Nation's borders, of which 
     $10,000,000 shall be available for hiring inspectors along 
     the Southwest border; not less than $15,000,000 shall be 
     available for seaport security; and not less than 
     $135,000,000 shall be available for the procurement and 
     deployment of non-intrusive and counterterrorism inspection 
     technology, equipment and infrastructure improvements to 
     combat terrorism at the land and sea border ports of entry.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration


                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,847,000, to remain available until 
     September 30, 2003.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

       For an additional payment to the Postal Service Fund to 
     enable the Postal Service to build and establish a system for 
     sanitizing and screening mail matter, to protect postal 
     employees and postal customers from exposure to biohazardous 
     material, and to replace or repair Postal Service facilities 
     destroyed or damaged in New York City as a result of the 
     September 11, 2001, terrorist attacks, $875,000,000, to 
     remain available until September 30, 2003.

                               CHAPTER 7

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the

[[Page S12499]]

     United States and to support activities related to countering 
     terrorism, for ``Environmental Programs and Management'', 
     $6,000,000, to remain available until September 30, 2003.


                     HAZARDOUS SUBSTANCE SUPERFUND

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States and to support 
     activities related to countering terrorism, for ``Hazardous 
     Substance Superfund'', $23,000,000, to remain available until 
     September 30, 2003.

                  Federal Emergency Management Agency


              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount to respond to the September 11, 
     2001, terrorist attacks on the United States and to support 
     activities related to countering terrorism, for ``Emergency 
     Management Planning and Assistance'', $300,000,000, to remain 
     available until September 30, 2003, for programs as 
     authorized by section 33 of the Federal Fire Prevention and 
     Control Act of 1974, as amended (15 U.S.C. 2201 et seq.): 
     Provided, That up to 5 percent of this amount shall be 
     transferred to ``Salaries and expenses'' for program 
     administration.

                     GENERAL PROVISION, THIS TITLE

       Sec. 101. Emergency Designation. (a) All amounts 
     appropriated in this title are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
       (b) None of the funds in this title shall be available for 
     obligation unless all of the funds in this title are 
     designated as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, in an official budget request transmitted by the 
     President to the Congress.

      TITLE II--ASSISTANCE TO NEW YORK, VIRGINIA, AND PENNSYLVANIA

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency


                            DISASTER RELIEF

       For an additional amount for ``Disaster Relief'', 
     $7,500,000,000, to remain available until expended for 
     disaster recovery activities and assistance related to the 
     terrorist attacks in New York, Virginia and Pennsylvania on 
     September 11, 2001: Provided, That such amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Deficit 
     Control Act of 1985, as amended: Provided further, That such 
     amount shall be available only to the extent that an official 
     budget request, that includes designation of the entire 
     amount of the request as an emergency requirement as defined 
     in the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress.

                    GENERAL PROVISION, THIS DIVISION

       Sec. 102. Notwithstanding section 257(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, the amount 
     of discretionary budget authority for any account for fiscal 
     year 2003 and subsequent years included in any baseline 
     budget projections made by the Office of Management and 
     Budget or the Congressional Budget Office pursuant to that 
     section shall not reflect any appropriation for fiscal year 
     2002 provided in this division.

 DIVISION D--SPENDING LIMITS AND BUDGETARY ALLOCATIONS FOR FISCAL YEAR 
                                  2002

       Sec. 101. (a) Discretionary Spending Limits.--Section 
     251(c)(6) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by striking subparagraph (A) 
     and inserting the following:
       ``(A) for the discretionary category: $681,441,000,000 in 
     new budget authority and $670,447,000,000 in outlays;''.
       (b) Revised Aggregates and Allocations.--Upon the enactment 
     of this section, the chairman of the Committee on the Budget 
     of the House of Representatives and the chairman of the 
     Committee on the Budget of the Senate shall each--
       (1) revise the aggregate levels of new budget authority and 
     outlays for fiscal year 2002 set in sections 101(2) and 
     101(3) of the concurrent resolution on the budget for fiscal 
     year 2002 (H. Con. Res. 83, 107th Congress), to the extent 
     necessary to reflect the revised limits on discretionary 
     budget authority and outlays for fiscal year 2002 provided in 
     subsection (a);
       (2) revise allocations under section 302(a) of the 
     Congressional Budget Act of 1974 to the Committee on 
     Appropriations of their respective House as initially set 
     forth in the joint explanatory statement of managers 
     accompanying the conference report on that concurrent 
     resolution, to the extent necessary to reflect the revised 
     limits on discretionary budget authority and outlays for 
     fiscal year 2002 provided in subsection (a); and
       (3) publish those revised aggregates and allocations in the 
     Congressional Record.
       (c) Repeal of Section 203 of Budget Resolution for Fiscal 
     Year 2002.--Section 203 of the concurrent resolution on the 
     budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress) 
     is repealed.
       (d) Adjustments.--If, for fiscal year 2002, the amount of 
     new budget authority provided in appropriation Acts exceeds 
     the discretionary spending limit on new budget authority for 
     any category due to technical estimates made by the Director 
     of the Office of Management and Budget, the Director shall 
     make an adjustment equal to the amount of the excess, but not 
     to exceed an amount equal to 0.2 percent of the sum of the 
     adjusted discretionary limits on new budget authority for all 
     categories for fiscal year 2002.
       Sec. 102. Pay-As-You-Go Adjustment.--In preparing the final 
     sequestration report for fiscal year 2002 required by section 
     254(f)(3) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, the Director of the Office of Management 
     and Budget shall change any balance of direct spending and 
     receipts legislation for fiscal years 2001 and 2002 under 
     section 252 of that Act to zero.

                   DIVISION E--TECHNICAL CORRECTIONS

       Sec. 101. Title VI of the Agriculture, Rural Development, 
     Food and Drug Administration, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-76) is amended under 
     the heading ``Food and Drug Administration, Salaries and 
     Expenses'' by striking ``$13,207,000'' and inserting 
     ``$13,357,000''.
       Sec. 102. Title IV of the Departments of Commerce, Justice, 
     and State, the Judiciary and Related Agencies Appropriations 
     Act, 2002 (Public Law 107-77) is amended in the third proviso 
     of the first undesignated paragraph under the heading 
     ``Diplomatic and Consular Programs'' by striking ``this 
     heading'' and inserting ``the appropriations accounts within 
     the Administration of Foreign Affairs''.
       Sec. 103. Title V of the Departments of Commerce, Justice, 
     and State, the Judiciary and Related Agencies Appropriations 
     Act, 2002 (Public Law 107-77) is amended in the proviso under 
     the heading ``Commission on Ocean Policy'' by striking 
     ``appointment'' and inserting ``the first meeting of the 
     Commission''.
       Sec. 104. Section 626(c) of the Departments of Commerce, 
     Justice, and State, the Judiciary and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77) is amended by 
     striking ``1:00CV03110(ESG)'' and inserting 
     ``1:00CV03110(EGS)''.
       Sec. 105. Jicarilla, New Mexico, Municipal Water System. 
     Public Law 107-66 is amended--
       (1) under the heading of ``Title I, Department of Defense--
     Civil, Department of the Army, Corps of Engineers--Civil, 
     Construction, General''--
       (A) by striking ``Provided further, That using $2,500,000 
     of the funds provided herein, the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to proceed 
     with a final design and initiate construction for the repair 
     and replacement of the Jicarilla Municipal Water System in 
     the town of Dulce, New Mexico:''; and
       (B) insert at the end before the period the following: ``: 
     Provided further, That using funds provided herein, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to transfer $2,500,000 to the Secretary of the 
     Interior for the Bureau of Reclamation to proceed with the 
     Jicarilla Municipal Water System in the town of Dulce, New 
     Mexico''; and
       (2) under the heading of ``Title II, Department of the 
     Interior, Bureau of Reclamation, Water and Related Resources, 
     (Including the Transfer of Funds)''--
       (A) insert at the end before the period the following: ``: 
     Provided further, That using $2,500,000 of the funds provided 
     herein, the Secretary of the Interior is directed to proceed 
     with a final design and initiate construction for the repair 
     and replacement of the Jicarilla Municipal Water System in 
     the town of Dulce, New Mexico''.
       Sec. 106. (a) Public Law 107-68 is amended by adding at the 
     end the following:
       ``This Act may be cited as the `Legislative Branch 
     Appropriations Act, 2002'.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of Public Law 107-68.
       Sec. 107. Section 102 of the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     redesignating paragraphs (2) through (6) as paragraphs (1) 
     through (5), respectively;
       (2) in subsection (g)(1)--
       (A) in subparagraph (A), by striking ``subsection 
     (i)(1)(A)'' and inserting ``subsection (h)(1)(A)''; and
       (B) in subparagraph (B), by striking ``subsection 
     (i)(1)(B)'' and inserting ``subsection (h)(1)(B)''.
       Sec. 108. (a) Section 209 of the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68) is amended in 
     the matter amending Public Law 106-173 by striking the 
     quotation marks and period at the end of the new subsection 
     (g) and inserting the following: ``Any reimbursement under 
     this subsection shall be credited to the appropriation, fund, 
     or account used for paying the amounts reimbursed.
       ``(h) Employment Benefits.--
       ``(1) In general.--The Commission shall fix employment 
     benefits for the Director and for additional personnel 
     appointed under section 6(a), in accordance with paragraphs 
     (2) and (3).
       ``(2) Employment benefits for the director.--
       ``(A) In general.--The Commission shall determine whether 
     or not to treat the Director as a Federal employee for 
     purposes of employment benefits. If the Commission determines 
     that the Director is to be treated as a Federal employee, 
     then he or she is deemed to be an employee as that term is 
     defined by section 2105 of title 5, United States Code, for 
     purposes of chapters 63, 83, 84, 87, 89, and 90 of that 
     title, and is deemed to be an employee for purposes of 
     chapter 81 of that title. If the Commission determines that 
     the Director is not to be treated as a Federal employee for 
     purposes of employment benefits, then the Commission or its 
     administrative support service provider shall establish 
     appropriate alternative employment benefits for the Director. 
     The Commission's determination shall be irrevocable with 
     respect to each individual appointed as Director, and the 
     Commission shall notify the Office of Personnel Management 
     and the Department of Labor of its determination. 
     Notwithstanding the Commission's determination, the 
     Director's service is deemed to be Federal service for 
     purposes of section 8501 of title 5, United States Code.

[[Page S12500]]

       ``(B) Detailee serving as director.--Subparagraph (A) shall 
     not apply to a detailee who is serving as Director.
       ``(3) Employment benefits for additional personnel.--A 
     person appointed to the Commission staff under subsection 
     (b)(2) is deemed to be an employee as that term is defined by 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 83, 84, 87, 89, and 90 of that title, and is 
     deemed to be an employee for purposes of chapter 81 of that 
     title.''.
       (b) The amendments made by this section shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68).
       Sec. 109. (a) Notwithstanding any other provision of law, 
     of the funds authorized under section 110 of title 23, United 
     States Code, for fiscal year 2002, $29,542,304 shall be set 
     aside for the project as authorized under title IV of the 
     National Highway System Designation Act of 1995, as amended: 
     Provided, That, if funds authorized under these provisions 
     have been distributed then the amount so specified shall be 
     recalled proportionally from those funds distributed to the 
     States under section 110(b)(4)(A) and (B) of title 23, United 
     States Code.
       (b) Notwithstanding any other provision of law, for fiscal 
     year 2002, funds available for environmental streamlining 
     activities under section 104(a)(1)(A) of title 23, United 
     States Code, may include making grants to, or entering into 
     contracts, cooperative agreements, and other transactions, 
     with a Federal agency, State agency, local agency, authority, 
     association nonprofit or for-profit corporation, or 
     institution of higher education.
       (c) Notwithstanding any other provision of law, of the 
     funds authorized under section 110 of title 23, United States 
     Code, for fiscal year 2002, and made available for the 
     National motor carrier safety program, $5,896,000 shall be 
     for State commercial driver's license program improvements.
       Sec. 110. Notwithstanding any other provision of law, of 
     the amounts appropriated for in fiscal year 2002 for the 
     Research and Special Programs Administration, $3,170,000 of 
     funds provided for research and special programs shall remain 
     available until September 30, 2004; and $22,786,000 of funds 
     provided for the pipeline safety program derived from the 
     pipeline safety fund shall remain available until September 
     30, 2004.
       Sec. 111. Item 1497 in the table contained in section 1602 
     of the Transportation Equity Act for the 21st Century (112 
     Stat. 312), relating to Alaska, is amended by inserting ``and 
     construct capital improvements to intermodal marine freight 
     and passenger facilities and access thereto'' before ``in 
     Anchorage''.
       Sec. 112. Of the funds made available in H.R. 2299, the 
     Fiscal Year 2002 Department of Transportation and Related 
     Agencies Appropriations Act, of funds made available for the 
     Transportation and Community and System Preservation Program, 
     $300,000 shall be for the US-61 Woodville widening project in 
     Mississippi and, of funds made available for the Interstate 
     Maintenance program, $5,000,000 shall be for the City of 
     Renton/Port Quendall, WA project.
       Sec. 113. Section 652(c)(1) of Public Law 107-67 is amended 
     by striking ``Section 414(c)'' and inserting ``Section 
     416(c)''.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                       PUBLIC AND INDIAN HOUSING

                        HOUSING CERTIFICATE FUND

       Sec. 114. Of the amounts made available under both this 
     heading and the heading ``Salaries and Expenses'' in title II 
     of Public Law 107-73, not to exceed $20,000,000 shall be for 
     the recordation and liquidation of obligations and 
     deficiencies incurred in prior years in connection with the 
     provision of technical assistance authorized under section 
     514 of the Multifamily Assisted Housing Reform and 
     Affordability Act of 1997 (``section 514''), and for new 
     obligations for such technical assistance: Provided, That of 
     the total amount provided under this heading, not less than 
     $2,000,000 shall be made available from salaries and expenses 
     allocated to the Office of General Counsel and the Office of 
     Multifamily Housing Assistance Restructuring in the 
     Department of Housing and Urban Development: Provided 
     further, That of the total amount provided under this 
     heading, no more than $10,000,000 shall be made available for 
     new obligations for technical assistance under section 514: 
     Provided further, That from amounts made available under this 
     heading, the Inspector General of the Department of Housing 
     and Urban Development (``HUD Inspector General'') shall audit 
     each provision of technical assistance obligated under the 
     requirements of section 514 over the last 4 years: Provided 
     further, That, to the extent the HUD Inspector General 
     determines that the use of any funding for technical 
     assistance does not meet the requirements of section 514, the 
     Secretary of Housing and Urban Development (``Secretary'') 
     shall recapture any such funds: Provided further, That no 
     funds appropriated under title II of Public Law 107-73 and 
     subsequent appropriations acts for the Department of Housing 
     and Urban Development shall be made available for four years 
     to any entity (or any subsequent entity comprised of 
     significantly the same officers) that has been identified as 
     having violated the requirements of section 514 by the HUD 
     Inspector General: Provided further, That, notwithstanding 
     any other provision of law, no funding for technical 
     assistance under section 514 shall be available for carryover 
     from any previous year: Provided further, That the Secretary 
     shall implement the provisions under this heading in a manner 
     that does not accelerate outlays.

  The PRESIDING OFFICER. The Senator from Hawaii is recognized.
  Mr. INOUYE. Madam President, on Tuesday of this week the 
Appropriations Committee met to approve the Department of Defense 
appropriations bill for fiscal year 2002, by a vote of 29 to zero. I am 
pleased to present the recommendations to the Senate today, as division 
A of this bill, H.R. 3338.
  I will focus my remarks on division A, the Defense portion of the 
bill. Later today, Chairman Byrd will describe the provisions of 
divisions B through E. I want to point out that I support the 
allocation of $7.4 billion for Defense contained in division B. Prompt 
action on this measure will ensure that our efforts to fight terrorism 
are fully supported.
  The House passed its version of this bill just last week, so you can 
see we have acted as expeditiously as possible to bring it to the 
Senate. I want to note to all my colleagues that this would not have 
been possible without the tremendous cooperation that I have received 
from Senator Stevens and his able staff.
  The Defense appropriations bill as recommended by the committee 
provides a total of $317,623,483,000 in budget authority for mandatory 
and discretionary programs for the Department of Defense. This amount 
is $1,923,633,000 below the President's request.
  The recommended funding is below the President's request by nearly $2 
billion because the Senate has already acted to reallocated $500 
million for military construction and $1.2 billion for nuclear energy 
programs under the jurisdiction of the Energy and Water Subcommittee.
  The total discretionary funding recommended in division A of this 
bill is $317,208,000,000. This is the same amount as the subcommittee's 
302B allocation, and the House level.
  As such, my colleagues should be advised that any amendment that 
would seek to add funding to the recommendation would need to be 
accompanied by an acceptable offset in budget authority.
  This measure is fully consistent with the objectives of this 
administration and the Defense authorization bill which passed the 
Senate in September and is now in conference. Our staffs have worked in 
close coordination with the Armed Services Committee to minimize 
differences between the bills.
  In addition, we believe we have accommodated those issues identified 
by the Senate which would enhance our Nation's Defense while allowing 
us to stay within the limits of the budget resolution.
  Our first priority in this bill is to provide for the quality of life 
of our men and women in uniform.
  In that vein, we have fully funded a 5-percent pay raise for every 
military member and, as authorized, we recommend additional funding for 
targeted pay raises for those grades and particular skills which are 
hard to fill.
  We believe these increases will significantly aid our ability to 
recruit, and perhaps more importantly, retain much needed military 
personnel.
  We have also provided $18.4 billion for health care costs. This is 
$6.3 billion more than appropriated in FY 2001 and nearly $500 million 
more than requested by the President.
  This funding will ensure that TRICARE costs are fully covered, that 
our military hospitals receive increased funding to better provide for 
their patients and, by providing funding for ``TRICARE for life'', we 
fulfill a commitment made to our retirees over 65. This will ensure 
that those Americans who were willing to dedicate their lives to the 
military will have quality health care in their older years.
  This is most importantly an issue of fairness; it fulfills the 
guarantee DOD made to the military when they were on active duty.
  We also believe it will signal to those willing to serve today that 
we will keep our promises. In no small part we see this as another 
recruiting and retention program.
  In title II, the bill provides $106.5 billion for readiness and 
related programs. This is $9.6 billion more than appropriated for 
fiscal year 2001. The bill reallocates funding from the Secretary of 
Defense to the military services for the costs of overseas deployments 
in the Balkans in the same manner as the Pentagon does for the Middle 
East deployments.
  Through this adjustment and because of other fact of life changes in 
the Balkans, the committee has identified $600

[[Page S12501]]

million in savings to reapply to other critical readiness and 
investment priorities.
  For our investment in weapons and other equipment, the recommendation 
includes $60.9 billion for procurement, nearly $500 million more than 
requested by the President. The funding here will continue our efforts 
to recapitalize our forces, supporting the Army's transformation goals 
and purchasing much needed aircraft, missiles, and space platforms for 
the Air Force.
  For the Navy, the bill provides full funding for those programs that 
are on tract and ready to move forward. In some cases, delays in 
contracting have allowed the subcommittee to recommend reallocating 
funds for other critical requirements.
  Included in that, the committee has recommended $560 million for 
procurement to support our National Guard and Reserve forces.
  In funding for future investment for research and development, the 
measure recommends $46 billion, a 10-percent increase over the amounts 
appropriated for fiscal year 2001.
  The recommendation mirrors the Senate-passed authorization bill for 
ballistic missile defense. A total of $7 billion is provided under 
missile defense programs and an additional $1.3 billion is provided in 
a separate appropriation for the President to allocate either for 
missile defense or for counterterrorism.
  This is a balanced bill that supports the priorities of the 
administration and the Senate. In order to cut spending by nearly $2 
billion, some difficult decisions were required. The bill reduces 
funding for several programs that have been delayed or are being 
reconsidered because of the Secretary's Strategic Review, the Nuclear 
Posture Review, and the Quadrennial Defense Review.
  The bill also makes adjustments that are in line with the reforms 
championed by the administration.
  No. 1, a concerted effort was made at reducing reporting requirements 
in the bill.
  No. 2, the bill also reduces funding for consultants and other 
related support personnel as authorized by the Senate.
  No. 3, as requested, the bill provides $100 million for DOD to make 
additional progress in modernizing its financial management systems.
  Finally, the bill places a cap on legislative liaison personnel which 
the Secretary of Defense has indicated are excessive.
  I would like to take a few minutes to address a couple of items that 
some press reports have mischaracterized about our recommendations.
  First, the committee has reduced funding for the Cooperative Threat 
Reduction Program by $46,000,000. Let me assure all of my colleagues 
that I strongly support the intent of this program.
  The $356 million that we include for the program will assist the 
former Soviet Union countries to dismantle and safeguard their nuclear 
weapons. However, the Defense Department has had a history of being 
unable to use all of the funding that has been provided to it in a 
timely fashion.
  As a result, at this time, the Pentagon has more than $700 million 
that it hasn't used yet. That is nearly 2 years worth of funds. In 
addition, under current law, the authorizers have limited the use of 
funding for certain activities. Even if this language is changed in the 
pending Defense conference, the Pentagon has not yet presented a plan 
for how they will use these funds.
  The committee has taken its action without prejudice. We are required 
to reduce funding in this bill by nearly $2 billion. We simply must 
make this type of reduction where we know they can't efficiently 
obligate the funding no matter how much we support the overall 
objectives of the program.
  Second, the bill provides discretionary authority to the Defense 
Department to lease tankers to replace the aging KC-135 fleet. This is 
a program that is strongly endorsed by the Air Force as the most cost 
effective way to replace our tankers.
  Despite what has been reported, the language in the bill requires 
that the lease can only be entered into if the Air Force can show that 
it will be 10 percent less expensive to lease the aircraft than to 
purchase them. In addition, it stipulates that the aircraft must be 
returned to the manufacturer at the end of the lease period.
  No business sector has suffered more from the events of September 11 
than has our commercial aircraft manufacturers. The tragic events of 
that day have drastically reduced orders for commercial aircraft. We 
have been informed that Boeing, for example, will have to lay off 
approximately 30,000 people as a direct consequence of the terrorist 
attack.
  We have provided funding to support the airlines as a result of that 
tragedy. We are including funds elsewhere in this bill to help in the 
recovery in New York and the Pentagon. The leasing authority which we 
have included in division A allows us to help assist commercial airline 
manufacturers while also solving a long-term problem for the Air Force.
  I strongly endorse this initiative which was crafted by my good 
friend, Senator Stevens, with the support of several other members, 
including Senators Cantwell, Murray, and Durbin. I believe it deserves 
the unanimous support of the Senate.
  Today is December 6. Nearly one quarter of the fiscal year has 
passed.
  The Defense Department is operating under a continuing resolution 
which significantly limits its ability to efficiently manage its 
funding--most particularly, procurement programs.
  I don't need to remind any of my colleagues that we have men and 
women serving half way around the world defending us.
  Less than 1 percent of Americans serve in today's military. These few 
are willing to sacrifice themselves for us. They are willing to stand 
in harm's way in our behalf. They deserve our support.
  Nearly 3 months ago, our Nation was hit by a surprise attack 
delivered from out of blue. Forty years ago tomorrow we suffered a 
similar attack.
  In 1941, our Nation rose up together and we worked diligently to 
defeat this threat. I have been gratified to see our Nation come 
together in the past few months in a similar fashion.
  This is the bill, that allows us to act. This is the measure that we 
need to show our military forces that we support them.
  I know there are disagreements among some of us with specific funding 
levels in the other divisions of this bill. But, we should not let us 
get bogged down in a partisan squabble over how we pay for the war on 
terrorism.
  We have the Defense bill that is urgently needed to fight and win 
this war and to demonstrate to the world our resolve.
  For the good of the Nation, I urge all my colleagues to look to our 
objective and to support this measure. Let us take the bill to 
conference where we can work out an agreement that can be endorsed by 
the President.
  I urge all my colleagues to support this bill.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Mr. STEVENS. Madam President, I welcome the opportunity to join 
Senator Inouye in presenting the fiscal year 2002 Defense 
Appropriations Act.
  The chairman has just effectively described the bill before the 
Senate, and I will add only a few comments that I want to make to 
endorse the presentation that he has made.
  This bill before the Senate is a good bill. Section A of the bill 
Senator Inouye and I have worked on for some time. Later today it is my 
intention to offer an amendment in the nature of a substitute. It is 
amendment No. 2743, substitute for divisions B and C that concern the 
allocation of funds from the previous emergency supplemental 
appropriations bill that relate to the September 11 attacks on our 
Nation.
  For the defense portion, there I am referring specifically to section 
A of the bill before the Senate. I am especially pleased we succeeded 
in funding the 5-percent pay raise and the $9.5 billion increase in 
readiness funds in the O&M section of this bill.
  Of special importance to me are three initiatives in the bill that 
will dramatically enhance our national security. First, the bill 
includes $143 million to continue the multiyear procurement contract 
for the C-17 airlifter. Our current deployment relies heavily on the C-
17 fleet, and this initiative will continue the procurement of that 
aircraft--now the backbone of our strategy for deployment. As I said, 
we continue to rely on the C-17 fleet for

[[Page S12502]]

our deployment policies of the Department of Defense, and we need as 
many of those as we can get.

  Second, this bill fully accommodates the President's request of $8.3 
billion for missile defense programs, and it carries out the conditions 
set forth in the Defense authorization bill for the allocation of that 
money.
  The successful test earlier this week of the ground-based midcourse 
interceptor reflects the great progress made in this missile defense 
program by LTG Ron Kadish and the people in his command. I congratulate 
them. We are now talking about the ground-based midcourse interceptor 
program which is a portion of the missile defense program. That is what 
is in the bill before the Senate.
  Third, the bill includes a new provision that authorizes the 
Secretary of the Air Force to lease 100 new air refueling tankers. If 
executed by the Department--that is, if these leases are followed 
through by the Department--these leased aircraft would replace the 136 
KC-135E aircraft which are currently in use as air refueling tankers. 
They average in excess of 41 years of age. I notice the chairman said 
42. I am sure he has more updated information than I.
  This initiative, as the chairman said, endorsed by the Secretary of 
the Air Force, has been cleared by CBO as having no budgetary impact in 
fiscal year 2002.
  Earlier this week I answered a question of the press and other 
Members of the Senate about this provision and told them this bill did 
not, at that time, specify the aircraft to be procured. Because of the 
clearance procedure of the CBO, we have now put in the bill a 
designation that these aircraft to be leased will be the Boeing 767s 
because there is adequate information upon which we can base the 
conclusion and really advance the argument that there will be a 
commercial market for these aircraft at the end of the lease involved.
  What I really want to tell the Senate is that this bill reflects 
countless hours of collaboration by myself and Chairman Inouye and the 
members of the committee and our staff. Both my chief of staff, Steve 
Cortese, and the chief of staff for Senator Inouye, Charlie Houy, have 
really put in weekends and hours that cannot even be counted to be sure 
that this bill before the Senate is what we intend it to be.
  Our allocation in this bill was $2 billion less than the President's 
amended request. The committee allocated additional funds for military 
construction and defense nuclear weapons programs. Those really are 
defense, in my judgment. I have supported and advocated the allocations 
to those programs. But I recognize the pressure everyone is working 
under to make certain we have an adequate allowance for defense.
  I believe the priorities of Members of the Senate, as requested by 
them to both Senator Inouye and myself, are reflected in this bill in a 
balanced and fair fashion. I state to the Senate that if I were still 
chairman of the Subcommittee on Defense, there really are very few 
changes I would recommend to the Senate in the bill. I recommend none 
now because the differences are so minor that they really should not 
affect the consideration of the bill.
  There is, however, a long day ahead of us. It is my hope we can 
strike a compromise. For that purpose, I will offer the substitute and 
explain it further after Senator Byrd has presented his statement 
concerning the Senate amendments as reflected by the bill that has been 
reported from the full Committee on Appropriations and is before the 
Senate now.
  I do appreciate every consideration that has been extended to me and 
my staff by Chairman Inouye and his staff director, Charlie Houy, and 
the chairman of the full committee and his staff.
  I wish I could say I look forward to this debate. At present, I think 
we are heading toward being in the position of being between a rock and 
a hard place. I will try to search out a way to move one or the other 
or both.
  Thank you very much.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Madam President, before I suggest the absence of a 
quorum, I would like to have the Record show how pleased the 
subcommittee is with the initiative offered by Senator Stevens, the 
Presiding Officer, and Senator Cantwell, on the KC-135 leasing program. 
It took much time and, I would say, much creativity, but I am happy 
that these great Senators were able to resolve this matter. We find now 
that a measure that should have been contentious is no longer 
contentious. I once again thank Senator Stevens, Senator Murray, and 
Senator Cantwell.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CONRAD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Johnson). Without objection, it is so 
ordered.
  Mr. CONRAD. Mr. President, I rise to offer for the record the Budget 
Committee's official scoring of H.R. 3338, the Department of Defense 
Appropriations Act for Fiscal Year 2002.
  H.R. 3338 provides $317.206 billion in nonemergency discretionary 
budget authority for defense activities and $13 million in nonemergency 
budget authority for general purpose activities. Those amounts will 
result in new outlays in 2002 of $213.063 billion. When outlays from 
prior-year budget authority are taken into account, nonemergency 
discretionary outlays for the Senate bill total $309.412 billion in 
2002.
  In addition, the bill includes $35 billion in emergency-designated 
budget authority. Of that total, $20 billion represents amounts 
previously authorized by and designated as emergency spending under 
Public Law 107-38, the Emergency Supplemental Appropriations Act for 
Recovery from and Response to Attacks on the United States, and $15 
billion is for homeland defense. That budget authority will result in 
new outlays in 2002 of $12.123 billion. In accordance with standard 
budget practice, the budget committee will adjust the appropriations 
committee's allocation for emergency spending at the end of conference. 
Because the funds for homeland security include amounts for nondefense 
activities, the emergency designation violates section 205 of the 
budget resolution for fiscal year 2001 (H. Rept. 106-577).
  The Senate bill also violates section 302(f) of the Congressional 
Budget Act of 1974 because it exceeds the subcommittee's Section 302(b) 
allocation for both budget authority and outlays. Similarly, because 
the committee's allocation is tied to the current law cap on 
discretionary spending, H.R. 3338 also violates section 312(b) of the 
Congressional Budget Act. The bill includes language that raises the 
cap on discretionary category spending to $681.441 billion in budget 
authority and $670.447 billion in outlays. However, because that 
language is not yet law, the budget committee cannot increase the 
appropriations committee's allocation at this time, putting it in 
violation of the two points of order.
  In addition, by including language that increases the cap on 
discretionary spending and adjusts the balances on the pay-as-you-go 
scorecard for 2001 and 2002 to zero, H.R. 3338 also violates section 
306 of the Congressional Budget Act. Finally, the bill violates section 
311(a)(2)(A) of the Congressional Budget Act by exceeding the spending 
aggregates assumed in the 2002 budget resolution for fiscal year 2002.
  H.R. 3338 violates several budget act points of order; however, it is 
a good bill that addresses the nation's defense needs, including the 
defense of our homeland. The President and Congressional leaders from 
both parties agreed in the wake of the September 11th attack that more 
money was needed to respond to the terrorists and to protect our 
homeland. This bill follows that bipartisan agreement and includes 
language that raises the cap on discretionary spending to the necessary 
level. I commend Chairman Byrd and subcommittee Chairman Inouye on 
their excellent work in bringing this important bill to the Senate 
floor.
  I ask unanimous consent that a table displaying the budget committee 
scoring of H.R. 3338 be inserted in the Record at this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page S12503]]



        H.R. 3338, DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002
  [Spending comparisons--Senate-Reported Bill (in millions of dollars)]
------------------------------------------------------------------------
                                  General
                                  purpose   Defense  Mandatory    Total
------------------------------------------------------------------------
Senate-reported bill:
  Budget Authority.............        13   317,206        282   317,501
  Outlays......................        13   309,399        282   309,694
Senate 302(b) allocation: \1\
  Budget Authority.............  ........   181,953        282   182,235
  Outlays......................  ........   181,616        282   181,898
House-passed bill:
  Budget Authority.............  ........   317,207        282   317,489
  Outlays......................  ........   308,873        282   309,155
President's request:
  Budget Authority.............  ........   319,130        282   319,412
  Outlays......................  ........   310,942        282   311,224
 
 SENATE-REPORTED BILL COMPARED
              TO:
 
Senate 302(b) allocation: \1\
  Budget Authority.............        13   135,253  .........   135,266
  Outlays......................        13   127,783  .........   127,796
House-passed bill:
  Budget Authority.............        13        -1  .........        12
  Outlays......................        13       526  .........       539
President's request:
  Budget Authority.............        13    -1,924  .........    -1,911
  Outlays......................        13    -1,543  .........    -1,530
------------------------------------------------------------------------
\1\ For enforcement purposes, the budget committee compares the Senate-
  reported bill to the Senate 302(b) allocation. The subcommittee's
  allocation reflects the current law cap on discretionary category
  spending. The Senate-reported bill includes language increasing that
  cap to $681.441 billion (consistent with the agreement reached between
  President Bush and Congressional leaders). Because the increase in the
  cap is not yet law, the committee cannot revise the committee's 302(a)
  allocation at this time.
 
Notes: Details may not add to totals due to rounding. Totals adjusted
  for consistency with scorekeeping conventions. In addition to the
  amounts shown above, the Senate bill also includes $20 billion in
  budget authority and $8.25 billion in outlays to respond to the
  September 11th attack and $15 billion in budget authority and $3.873
  billion for homeland security. Such amounts are designated as
  emergency. The budget committee increases the committee's 302(a)
  allocation for emergencies when a bill is reported out of conference.
Prepared by SBC Majority Staff, 12-6-01.

  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, friends, Senators, Americans, lend me your 
ears. It was just 56 days ago on a day like this day, as clear as the 
noon day Sun and a cloudless sky, that tragedy struck.
  Until September 10 we thought of national defense in terms of the 
soldiers, sailors, airmen and marines that make up our military. We 
sought to provide them with the best training and equipment that money 
could buy, and when duty calls, we expect them to leave behind their 
families and loved ones to go into harm's way to protect our country 
and our citizens from aggression.
  Our concept of national defense has now been radically altered as a 
result of the September 11 terrorist attacks. It is not just our 
military personnel in Afghanistan who are on the front lines, but all 
Americans here at home are on the front lines. This zone of conflict 
extends to where we live, where we work, and where we play. Judging by 
the horrendous loss of life in New York, our own cities are the 
battlefield of the 21st century.
  The President has said that ``we are fighting a two-front war . . . 
our enemy is fighting an army, not only overseas, but at home.'' Our 
domestic army against terrorism is made up of those who work to enforce 
our laws, those who work to secure our borders, those who manage the 
Public Health Service, and those who provide for the security of our 
Nation's airports and nuclear facilities. Just as we provide for the 
finest and most capable military, we must provide for the defense of 
our homeland because, as I say, here, too, is the front line.
  On September 14, the Congress passed a $40 billion emergency 
supplemental appropriations bill in response to the September 11 
attacks on the World Trade Center and the Pentagon. There was absolute 
bipartisanship. There was no aisle between the parties then.
  At the time, we thought we could split those funds between our 
military needs abroad and those needed to rebuild New York City and the 
Pentagon. However, since September 14, we have seen a biological attack 
unleashed on the east coast in the form of anthrax. The specter of 
small pox has reemerged for the first time in almost 30 years.
  The distinguished senior Senator from Alaska and I can remember very 
well those schooldays when we were vaccinated for smallpox at school. I 
remember the little two-room schoolhouse there in that ancient coal 
mining camp of Algonquin in Mercer County, southern West Virginia, in 
the heart of the coal fields. There it was that I received the needle.
  We have seen National Guard troops patrolling the Golden Gate Bridge. 
We have had threats made against our nuclear facilities. We have gained 
new information that Osama bin Laden loyalists have progressed further 
than originally thought in producing chemical and nuclear weapons, and 
those stories, those headlines appeared in the Washington press. The 
Administration has issued three vague warnings to the American people 
urging them to be on a heightened state of alert.
  We have learned so much more about our potential vulnerabilities here 
at home since September 14. We now know that these vulnerabilities must 
be addressed, and that additional security precautions must be taken.
  Of the $40 billion emergency appropriations bill passed on September 
14, the President has committed $21 billion to our military and 
intelligence primarily for needs abroad. That leaves $19 billion for 
the President to fulfill his promise to provide $20 billion to rebuild 
New York City and the Pentagon and other areas which were the subject 
of the terrorist attacks. And the other area is homeland defense, of 
which he, himself, has identified $6 billion in needs. Clearly, within 
the confines of that $40 billion package, we cannot do it all.
  The reality is that budget deficits are on the horizon as far as the 
human eye and as far as our computers can see, and certainly as far as 
the end of the President's second term, if he should choose to run, if 
the electorate should choose to elect him, and if the Good Lord chooses 
to let him live.
  Under the guise of budgetary discipline, the administration has 
chosen an arbitrary number--independent of whether or not that amount 
can provide for our homeland defense needs--and the administration has 
decided to oppose or to postpone until next year any spending above 
that line regardless of the need or purpose.
  Osama bin Laden does not care one whit, not one snap of the finger, 
about our budget agreements. His loyalists are not concerned about 
whether we have a supplemental appropriations bill in the spring. They 
are plotting attacks right now, this very minute. Twenty-four hours a 
day they plot. They plot when you are sleeping. They plot when I am 
sleeping. They will not wait until next year, and if we do not make 
these small investments now to address our potential vulnerabilities, 
then we risk substantially larger losses in the future--not just 
financial and human casualties but also the loss of the American 
people's confidence in their Government, the American people's 
confidence in their President, the American people's confidence in 
their Congress.
  We cannot shortchange our homeland defense. We cannot postpone these 
investments. Our citizens have a right to know that the police, the 
fire and the hospital personnel in their communities have the 
equipment, training, and medicine to respond to a terrorist attack.
  I have, with the help of my staff and with the help of the witnesses 
who have appeared before the appropriations subcommittees, crafted a 
package that addresses our most immediate vulnerabilities at home. This 
package provides the President's full request for our military 
operations abroad. We do not cut one penny from defense, defense as 
understood in the usual sense. We do not cut one penny from the 
President's promise and our commitment to New York City. Not one penny 
do we cut. And we provide for homeland defense. That is as much defense 
as is the defense of our military people who are overseas.
  Americans have spilled blood in Afghanistan. Americans have spilled 
blood in Lower Manhattan, and within our own sight out of the windows 
Americans have spilled blood at the Pentagon. Is there any difference 
in the spilling of American blood whether it is overseas or at home, 
when the cause of that spilling of American blood and that blood itself 
is on the hands of terrorists?

  The major elements of my homeland defense package include 
bioterrorism prevention and response, which includes food safety.
  Our current public health system is ill-funded, fragmented, and 
unprepared to respond adequately to the threats posed by bioterrorism. 
The anthrax-laced letters sent through the mail afforded us just a 
glimpse of the terror, the fear, the concern, the apprehension, that 
could result from a more serious biological attack involving smallpox 
or Ebola.
  We know that rogue nations like Iraq, Iran, and North Korea are 
developing biological and chemical weapons. We know that bin Laden 
loyalists have conducted research on chemical and biological weapons at 
40 sites in Afghanistan.

[[Page S12504]]

  The Administration has proposed $1.6 billion for bioterrorism 
prevention, just barely enough to increase our supply of smallpox 
vaccine and other necessary pharmaceuticals alone. To fit into the 
President's budget request, the Health and Human Services Department 
even cut back on its repeatedly stated goal of purchasing 300 million 
small pox vaccine doses, choosing to rely instead on diluted versions 
of older vaccine doses left over from the 1970s.
  The Administration's chief public health expert, the director of the 
Center for Disease Control and Prevention, Dr. Jeffrey Koplan, 
indicated that the Administration's proposal is ``too little, too 
late.''
  Moreover, Dr. Koplan estimates that it will take at least $1 billion 
to bring state and local public health agencies up to speed to be able 
to recognize and respond to an incident of bioterrorism. Yet, the 
Administration has proposed a paltry $115 million to increase State and 
local health capacity. Our proposal includes over $1.3 billion for 
expanding State and local health capacity, twelve times the President's 
request.
  State and local health departments are considered the weakest link in 
the Nation's defense against bioterrorism, and experts say they must 
take a range of steps to improve readiness, including increasing their 
laboratory capacity and hiring more epidemiologists to track disease.
  The Secretary of HHS, Tommy Thompson, when he appeared before our 
appropriations subcommittee to speak about protecting the American 
people from an outbreak of smallpox, said every State should have at 
least one epidemiologist. Experts say they must take a range of steps 
to improve readiness, increasing their laboratory capacity and hiring 
more epidemiologists to track disease. Who will be the first to respond 
to a biological attack, the State and local health officials down in 
Beckley, WV, the local law enforcement officers at Sophia, population 
1,182?
  These are the people who will be first. The Feds may come within 6 
hours, 8 hours, or 10 hours, but those who will respond first are those 
law enforcement and health officials, fire department people who are 
there on the spot. They will be the first to die, and they will be the 
first to act to prevent others from dying.
  Fewer than half of these health departments have access to the modern 
fax machines capable of expeditiously alerting hospitals of a bioterror 
threat. Our local health care providers are more likely to receive 
critical health advisories from CNN than they are from other health 
care officials.
  My homeland security package would provide an additional $3.9 billion 
to not only expand the development of the Federal pharmaceutical 
stockpile and our supply of the smallpox vaccine, but also to expand 
state and local health care capacity. In contrast to the 
administration's funding proposal, this package prioritizes funding to 
``first responders'' at the state and local level. The bulk of the 
funding is directed toward improving our public health departments, 
beefing up local lab capacity, and expanding the Health Alert Network.
  Also, included in my homeland security package is $575 million that 
would be directed to the Food and Drug Administration, and the 
Department of Agriculture, to help prevent and respond to the malicious 
introduction of a highly contagious disease into our food supply. Aside 
from the obvious health threat, agro-terrorism would severely disrupt 
the economy and public confidence in the food supply.
  We have to be conscious of the possibility that terrorists will act 
against our crops, against the Nation's livestock and threaten the 
lives of people through the food they eat.
  We need only look to the recent outbreak of mad cow disease in Japan 
to see the chaos and economic devastation that would follow an agro-
terrorist attack. I doubt many Americans would find comfort in the fact 
that the FDA only has the resources to inspect 0.7 percent of all 
imported food. Not 1 percent, only 0.7 of 1 percent. The FDA only has 
the resources to inspect 0.7 percent of all imported food.
  When it comes to the health and safety of the American people, we 
cannot afford to cut corners. We cannot afford to gamble. We cannot 
afford to tempt fate. We must not deal with bioterrorism on the cheap.
  Mr. SARBANES. Will the Senator yield?
  Mr. BYRD. I am happy to yield.
  Mr. SARBANES. I add the observation, we cannot afford to wait, 
either. Every one of the items--and I commend the Senator for his 
extraordinary leadership and initiative in this regard--every one of 
the items covered by his homeland defense program are matters we should 
address now, today, this week, this month.
  They cry out for a commitment of resources to address airport 
security, port security, border security, the postal system, the 
assistance to State and local antiterrorism law enforcement, the 
firefighters, bioterrorism prevention, and protecting the nuclear 
powerplants. And in every one of these items, there is not a one of 
them we can look at and say, let's leave that; we will do that later; 
there is not a pressing need.
  There is a pressing need now for every one of these items. I commend 
the Senator for moving forward with this initiative. Governor Ridge 
himself has said he will come in next year and ask for significant 
resources. But he needs them now. My perception is that Governor Ridge 
is being undercut in his effort to deal with homeland security by the 
fact that he is not picking up the additional resources he needs in 
order to go out into these communities--State and local governments, 
the health community, the security community--and say, we are in a 
position now to help move your program, and move it ahead. Much of this 
requires a response from others. If we don't provide the resources here 
with which to do it, when is it going to happen? We are going to delay 
it, 60, 90, 120 days? Who knows how long.
  This is an opportunity, as the Senator has seen, to move now to 
address these pressing concerns. If we want to move the economy back 
up, a way to do it is to provide to the American people a sense of 
security and functioning within their own homeland, which the Senator 
has done, and about which he has spoken quite eloquently.
  I register my very strong support for this initiative and thank the 
Senator for, once again, moving forward to provide very important 
leadership in this critical matter facing our Nation.
  Mr. BYRD. Mr. President, the Scriptures say that a word fitly spoken 
is like apples of gold and pictures of silver. The words of the 
distinguished Senator from Maryland are fitly spoken.
  The time is now. The danger is here. It is now.
  Now, several subcommittees under the Appropriations Committee have 
had hearings, and I have been able to attend some of those hearings. We 
have heard eloquent witnesses appear before those subcommittees and 
testify to the need of appropriations now, aside from the fact that it 
is at the State and local levels where the need exists now.
  I saw in the paper, I believe in the last week, a headline that the 
State of Virginia was suffering a $1 billion shortfall in State 
revenue. The State of Virginia is not alone in that respect. Most 
States in this country are suffering shortfalls in their budgets. They 
need help. They need money now. We cannot wait, as the distinguished 
Senator from Maryland has said.
  In putting this package together, we have tried to consider those 
items which are purely for homeland defense.
  On the question of the need of States and cities for Federal aid, 39 
States--get this, 39 States--today, right now, nearly 4 out of 5 
States, are in a recession or near a recession. Since March, the number 
of States in recession has nearly doubled to 20 States from 11 States 
with the terrorist attacks of September 11 helping to push some over 
the brink.
  I will refer to this statement of facts again later.
  I thank the distinguished Senator from Maryland. He is right on 
point.
  My homeland security package also contains $1 billion for Federal, 
State, and local law enforcement. The attacks of September 11 
dramatically, and tragically demonstrated that our country's law 
enforcement agencies need greater support to counter the terrorist 
violence that has reached our shores.
  They need this support and, as we have already indicated, the States 
cannot provide it. The money is not there.

[[Page S12505]]

 They are already running into deficit, so they are looking to the 
Federal Government to help.
  Of the $1 billion included in this package, $225 million would be 
used to improve communication and coordination between the FBI and the 
43 Federal agencies involved in counterterrorism activities here at 
home.
  Former drug czar Barry McCaffrey testified before the Senate 
Governmental Affairs Committee in October that the FBI's computers are 
woefully inadequate--those were his words, the FBI's computers are 
``woefully inadequate''--and that the computers in the homes of most 
Americans are more advanced than those used by FBI agents in the field. 
Think of that.
  He also stated that a current FBI's computer upgrades effort is 
hampered by budgetary constraints. This $225 million that is included 
in this red section of the pie chart would jump-start those upgrades 
and move the Bureau's technology into the 21st century.
  I see the distinguished Senator from New York, Mr. Schumer, on the 
floor. He is listening raptly. He has indicated that he wishes to make 
a point. I yield for that purpose.
  Mr. SCHUMER. I thank the Senator, our leader from West Virginia, for 
the package he has put together. As somebody who chairs a subcommittee 
that oversees the FBI, I would like to say to the Senator from West 
Virginia that when the FBI came and testified before us, and the 
Senator from West Virginia asked them what their No. 1 hinderance was 
in fighting the war on terrorism, they said it was lack of resources. 
Their computers --I would just like to ask the Senator if he is 
familiar with this--in one part of the FBI cannot talk to the computers 
in the other part of the FBI, let alone talk to the computers of the 
CIA, the NSA, the INS, the ATF, and all of the other agencies.
  I would like, before asking the question, to compliment the Senator. 
This is desperately needed. We are at war on our homefront as much as 
we are at war in Afghanistan. I think it was Vice President Cheney who 
said we will lose more people on the homefront than on the battlefront. 
So I cannot see why we would not do this when our own people throughout 
America are at risk.
  But I would like to ask the Senator if he has heard of this almost 
primitive computer structure at the FBI--that the computers are not 
able to talk to one another within the agency, let alone to others? And 
would the package deal with that problem in every way that the FBI 
might need?
  Mr. BYRD. There is $225 million in this package to jump-start the 
effort to upgrade those computers. They are the instruments of 
communication between and among the FBI and the other agencies. It is a 
dire need, and it should be met now, not next spring.
  Mr. SCHUMER. Will the Senator yield for another question?
  Mr. BYRD. Yes.
  Mr. SCHUMER. If we waited until next spring, could it be that the 
potential of our FBI to catch the terrorists or prevent the next--God 
forbid--terrorist incident from occurring in America would be greatly 
downgraded and it would increase the chances that--again, God forbid--
some other incident might occur?
  Mr. BYRD. The Senator is correct. Why wait? Why toy with ``wait''? 
Why gamble? Why not act now?
  The Senator knows we have wrapped a ribbon around this homeland 
defense package which says, in essence: Mr. President, you may use this 
or you may not use it. So we have an emergency designation. It is an 
emergency, Mr. President, and you have the key. You have the key. So it 
is your call, but here are the tools. If you need them, you won't have 
to wait until next spring.
  The thing about waiting until next spring is we are really waiting 
until next summer or next autumn because the supplemental request 
doesn't come up on one day and end up being signed by the President on 
the next day; there have to be hearings and so on.
  We have had the hearings now that indicated a dire need for these 
emergency items. So we are putting this ribbon, this blue ribbon that 
says emergency, E-M-E-R-G-E-N-C-Y, on it. Why? Of what are we afraid? 
Why don't we want the President to have this so he can carry out his 
commitment to protect the American people from the attacks of 
terrorism? He made that promise.
  Mr. SCHUMER. I thank the Senator.
  Mr. BYRD. I thank the Senator.
  I also included $150 million in this package for cyber security. It 
is alarming to know that the next terrorist attack could cripple our 
Nation's economy simply by a few strokes of the keyboard. Cyber-attacks 
have cost our economy $12 billion this year alone. Just imagine the 
frightening consequences if a cyber-terrorist were to take control of 
one of our financial institutions, or to take control of one of our 
power grids, or to take control of our air traffic control system. That 
can happen.
  Of the $1 billion included for antiterrorism law enforcement, one-
half, or $500 million, would be directed to State and local law 
enforcement agencies. This is where the rubber meets the road in law 
enforcement.
  State and local police departments are stretched thin enough, due to 
the need for an increased security presence throughout our cities and 
States. Twelve-hour days and overtime pay for State and local law 
enforcement personnel have become the norm since September 11. Right 
here in this city, in the capital city here around this Capitol 
Building, this building which is the most splendid edifice in the 
world, this has happened. It is taking place here: 12-hour days, 
overtime pay for State and local law enforcement personnel. The Office 
of Homeland Security has asked State police to increase their patrols 
of State nuclear facilities, without any Federal compensation or 
timetable for how long state assistance will be needed. Meanwhile, the 
activation of 57,000 National Guard and Reservists to support the Armed 
Services during our operations in Afghanistan and our counter-terrorism 
activities here at home has drained the manpower of many State and 
local police departments.

  According to the National Governors' Association, State police 
patrols of our nuclear facilities will cost States an extra $58 million 
this year. It will cost another $46 million to secure our dams and 
bridges, $28 million to protect gas pipelines and power stations, and 
$75 million to assist Federal authorities with patrolling our borders.
  Who makes up the National Guard? If I am wrong, I would like someone 
to point it out to me. Do doctors serve in the National Guard? Do 
policemen? Do law enforcement personnel? Do paramedics at the homefront 
and at the local level serve in the National Guard? Then why should we 
take those men and women away from the local level where they are most 
needed and where they will be the first to answer the call and send 
them up there to the northern border to patrol the border? What sense 
does that make? We need to keep them at home.
  According to the U.S. Conference of Mayors, Los Angeles has spent 
more than $11 million so far due to increased security costs and lost 
revenue related to the September 11 terrorist attacks. The city's 
police and fire department deficits have doubled.
  In Boston, Mayor Thomas Menino must now pay $20,000 in additional 
security costs every time a tanker enters his port carrying liquefied 
natural gas, and 42 tankers are on the way. Police overtime expenses 
alone in Boston so far total about $700,000.
  Denver Mayor Wellington Webb is facing a long list of emergency 
needs, including biohazard-decontamination units, protective suits, 
bigger stores of antibiotics and drugs, special cameras, an anthrax 
detector, and a preparedness guide for every household that will cost 
in total $610,000.
  In Baltimore, Mayor Martin O'Malley spent $2 million in overtime for 
police and fire departments in the first three days following Sept. 11. 
By year's end the added security costs are expected to hit $14 million.
  Security costs in Dallas have passed $2 million and could reach $6 
million by the end of the year.
  At a time when our State and local governments are cutting budgets 
due to the recession, our State and local law enforcement need our 
support, and they need it now.
  Ms. STABENOW. Mr. President, will the distinguished Senator yield for 
a moment?
  Mr. BYRD. Mr. President, I am happy to yield to the distinguished 
Senator.

[[Page S12506]]

  Ms. STABENOW. Thank you, very much.
  As a Senator from Michigan, I wanted to rise to agree totally with 
what Senator Byrd is saying today about the pressure on our northern 
borders and our law enforcement officials who are now donating overtime 
on the borders. In Michigan, we have four different border crossings. 
We have the busiest bridge in the country through Detroit. We are 
stretching our local law enforcement to the limit, and we are using our 
National Guard as well. But we certainly have tremendous pressures on 
us.
  I wanted to congratulate the Senator from West Virginia for what he 
is proposing.
  I also wanted to quote for the Record part of an article that was in 
the Detroit Free Press, entitled ``State's Health Care System Unready 
for Major Bio-Terror.''
  It says:

       The call came late the evening of Oct. 25 to the top health 
     officer for two Upper Peninsula counties.
       Dr. John Petrawsky was told that a woman who had exhibited 
     only mild cold symptoms the previous day had died. Her 
     relatives said she had received a stranger letter with powder 
     in it the week before.
       Was this anthrax?
       A pathologist at Marquette General Hospital refused to do 
     an autopsy, fearing his facility couldn't contain lethal 
     bacteria. No one at the state Department of Community Health 
     in Lansing knew where the nearest properly ventilated autopsy 
     room might be, Petrasky said.
       Finally, a pathologist tracked down by the U.S. Centers for 
     Disease Control and Prevention advised doing a limited 
     autopsy. The Marquette doctor agreed, and 19 hours later, 
     Petrasky had his answer: It wasn't anthrax. The woman had 
     died of something completely unrelated, and the crisis was 
     averted.
       Or was it?
       In the weeks since Sept. 11, many Michigan hospitals and 
     public health agencies are realizing how ill-prepared they 
     are for biological or chemical warfare. Many hospitals lack 
     proper decontamination and laboratory facilities. Public 
     health departments are strapped by low staffing levels and 
     inadequate communication between the departments and the 
     state. Doctors are learning they may not know how to spot 
     rarely diagnosed diseases like anthrax.
       After years of hospitals and public health departments 
     being pushed to run lean, some say what's left is a system 
     that can be overburdened by a bad flu season.
       ``We don't have enough beds. We don't have enough nurses.''

  This is a very serious situation.
  I cannot imagine a greater urgency.
  I wanted to thank the Senator for his leadership on this issue.
  I cannot imagine why we would not be coming together 100 Members 
strong in this Senate. We understand more than anyone else, given what 
has happened in our own complex with anthrax and the difficulties and 
challenges of finding out how to respond to it. We can only imagine how 
small communities in northern Michigan are struggling when they believe 
they may have, in fact, encountered something related to bioterrorism.
  I congratulate the Senator from West Virginia. There is a tremendous 
sense of urgency in my State of Michigan and around the country. People 
assume we are acting. We are acting together in the defense of our 
country overseas. It is now time to act in defense of our homeland.
  That is what the Senator from West Virginia is proposing, and I am 
hopeful that our Senate colleagues will join in supporting the plan 
that he has put forward, and which is so needed for all of our 
families.
  Mr. BYRD. Mr. President, I thank the very distinguished and able 
Senator from Michigan for her cogent, very persuasive and forceful 
remarks, and for the observations she has made with respect to the 
needs of those at the local level who bear a responsibility to detect 
and to respond in the first instance to acts of terrorism on the part 
of those who have said to us: We will kill Americans.
  As to the FEMA firefighters program, many people are just now 
beginning to appreciate the critical role played by our Nation's 
firefighters. We have taken these heroes for granted and, tragically, 
they have been denied the funding resources necessary to enable them to 
do their job as safely and effectively as possible. Their job is to 
protect people--men, women, old people, children. That is the job of 
these firefighters.
  Last year, Congress took action to begin to address this provision by 
creating a new Federal program to provide direct assistance to fire 
departments.
  Administered by the Federal Emergency Management Agency, the 
Assistance to Firefighters Grant Program received an initial 
appropriation of $100 million, which was quickly depleted by tremendous 
demand. The agency received more than 31,000 applications totaling 
nearly $3 billion in requested funds--almost 30 times the amount 
appropriated.
  This package includes $300 million in grants to State and local 
communities to expand and improve firefighting programs through FEMA 
firefighting grants. Over 50 percent of that funding goes to volunteer 
fire departments in rural communities.
  Some rural communities in this country are using fire wagons, 
firefighting machines, and fire trucks that are 20, 30, or 40 years 
old. In the countryside, the volunteer fire department is the first and 
only entity available to deal with a crisis.
  Now, we have heard much about the letters that have come to the 
Senate leader, Senator Daschle, and to the Senator from Vermont, Mr. 
Leahy, and to some other Americans. So today the American people are 
victims of terrorism by mail, delivered to your home, brought to your 
street address. We will deliver it, packaged, ready to kill.
  This is not something that might happen sometime in the future; it is 
happening now. I do not like for my wife to go to the mailbox. Who 
knows. There could be an envelope in that mailbox that could have some 
deadly pathogen enclosed. It could be your wife. It could be your 
daughter, your father, your husband. This is real.
  How do we know? I know. My staff has not been in their offices since 
October 15. That is how I know. We are located in the southeast corner 
of the Hart Building. How many letters have I received since October 15 
from my constituents, who send me here to vote to protect them and to 
protect their interests? How many letters have I received? Twelve. We 
received 12 yesterday, 12 letters. It is real.
  And we seek to protect ourselves. We have fumigated the offices. We 
have taken action to decontaminate the offices so that our people can 
move back into those offices. Action has been taken to clear the 
streets nearby while these things have been going on to decontaminate 
our offices.
  How about the people on Main Street in Sophia, are they being 
protected? Oh, it is easy to say to our people: Go about your business. 
Everything is OK. Get out there and go to the stores, go to the movies, 
go to the restaurants, buy, buy, buy. It is easy to say that. It is 
easy for me to say: Come to West Virginia. We want to build up our 
tourism in West Virginia. Come to see West Virginia. Come to see 
Washington. I can say that, can't I?

  Why? I have much in the way of protection here, and so does every 
other Senator. The President pro tempore has security--takes him home 
with him at night, brings him to the office in the morning, stays in 
the office daily, stands outside the office, ready to protect the 
President pro tempore against all comers.
  The President goes in Air Force One, the Vice President goes in Air 
Force Two, other people high in the Government have protection.
  Out here we have concrete barriers. You cannot get into this Capitol 
without being carefully scrutinized and having your pocketbooks opened 
and your packages carefully inspected. We are protected. We live in 
this little, tiny bit of the world.
  The worm crawled upon the clod, and the worm said: Aha, I see the 
world.
  The squirrel climbed the tallest pine in the southern hills, and he 
looked about him and he said: Aho, I see the world.
  The eagle--the national emblem of our country, the eagle--flew high 
above the Earth into the blue heavens and said: Ho-ho, I see the world.
  So we see the world in our own little corner here. I feel safe--
fairly safe--because of all these protections here. But we do not see 
the world as that miner or that farmer, that office worker, that 
professional, that lawyer, that minister, the housewives, the 
schoolteachers out in the rural areas of the country or who are out in 
the greater urban cities.
  We do not see things as they see them. They do not have Secret 
Service

[[Page S12507]]

to protect them where they go. They do not have security personnel to 
protect them, as I have. They do not have the concrete barriers out 
there. They do not have the physician just 2 minutes away from my 
office. They live in a different world.
  Why can't we see it through their eyes? Why can't we take off the 
green eyeshades and see the world as our people see it--the people out 
there who are subject to these terrorists, who run these risks every 
day, those who come into Penn Station in New York. Seven hundred fifty 
trains every day come into that station--500,000 persons: Commuters, 
tourists, people on their way to work--500,000 every day. Can they see 
the world through our eyes?
  They come in the tunnels, tunnels that were built before World War I, 
tunnels that are inadequately lighted, inadequately protected, and 
without adequate means of access--ingress and egress--without adequate 
escape routes, without adequate ventilation. Those are the tunnels.
  Those people face these potential terrorist acts every day, going to 
work, coming from work, wanting to do no more than just earn an honest 
living, earn their daily bread by the sweat of their brow. They need 
protection. Who are we to deny it to them? Fie on us. We know the need 
is there. And we know it is our responsibility to provide it. And we 
are doing it. We are doing it in the package here that has a little 
blue ribbon around it that says: Mr. President, you can spend this. It 
is here. You do not have to spend it, but here it is--right now, 
tonight --if you need it to protect the people.
  That first phrase in the preamble to the Constitution of the United 
States says: ``We the People of the United States, in Order to form a 
more perfect Union. . . .'' That is not talking about an aisle that 
separates one party from the other. That is not talking about in order 
to form more perfect political parties --``a more perfect Union.'' And 
now is the time when we should do our part to form that ``more perfect 
Union'' right here in this Senate and join together and vote together 
to support this eminently sensible package.
  The U.S. Postal Service is a $70 billion organization, and it is part 
of a $900 billion industry. It has seen mail volume drop by 7 percent 
since September 11 and lost between $200 million and $300 million in 
revenue. The Postal Service reported a $1.7 billion loss in fiscal year 
2001--on top of $200 million in losses last year.
  The Postal Service has asked for $3 billion to cover the cost of 
equipment to safeguard the mail. In response, the administration has 
provided $175 million so that the Postal Service can buy gloves and 
masks for now and has promised more money later. It is almost 
laughable, if it were not so serious.
  That is not enough money for the Postal Service to deal with this 
crisis that is happening right now. Here it is. The words read ``postal 
security, $875 million.''
  This package provides an additional $875 million to begin to make the 
security changes necessary to keep the mail moving and to allow the 
Postal Service to respond immediately to this and future terrorist 
attacks.
  How little did I imagine, when I came to this great institution, the 
legislative branch, 50 years ago next year, how little did I realize 
that there would come a day when our mail would have to be screened, 
when I, as an elected representative of the people of West Virginia, 
would see my staff forced to evacuate the U.S. Senate office building 
in which they were located? How little did I foresee that the time 
would come when, over this long period of time since September 11, only 
12 letters would reach my office from my constituents, and only 
yesterday did the 12 letters come. I never dreamed of such a thing, 
never dreamed of it.
  Yes, I was there in the House of Representatives when the Puerto 
Ricans, who were in the galleries, shot Members of the House who ran 
for the doors, who fell behind the desks, and who fell in the center of 
the floor of the House of Representatives, wounded. Not until then did 
they require that Members have cards that they could present to the 
galleries. I sat there tongue-tied as I watched. I thought it was a 
group of demonstrators using firecrackers or some such until I saw 
Members fall.
  Little did I know at that time that the day would come when this 
deadly anthrax would be delivered right to our building, right to our 
doors, the office doors, right to the desks of the workers. I never 
thought about that. But we know it now.
  Our border security is dangerously underfunded. It leaks like a 
sieve. Right now, today, the Immigration and Naturalization Service 
conducts some 500 million inspections at our ports of entry every year. 
Yet there are only 4,775 INS inspectors to process these hundreds of 
millions of visitors. That is one inspector--just one--for roughly 
every 100,000 foreign nationals who cross the Nation's borders.
  There are only 2,000 INS investigators and intelligence agents to 
track aliens who have entered this country illegally, overstayed their 
visas, or otherwise violated the terms of their status as visitors in 
the United States. That is one--just one --investigator for every 4,000 
illegal aliens.
  The U.S. Customs Service currently has the resources to inspect only 
about one-third of the truck cargo crossing the southern border. And of 
the 400 ships that dock in the 361 ports of this country, only about 2 
percent of the cargo is inspected.
  On our northern border with Canada, the Immigration and 
Naturalization Service currently has 498 inspectors at ports of entry 
and 334 Border Patrol agents assigned to the northern border. That is a 
4,000-mile-long border. So that equates to about one INS inspector for 
every 8 miles and one patrol agent for every 12 miles of the 4,000-
mile-long northern border.

  Of the 113 northern border ports of entry, there are 62--more than 
half--62 small ports that do not operate on a 24-hour basis. Just 
imagine pulling up to one of those 62 ports of entry along the northern 
border where we don't have agents 24 hours at a time. There you will 
see a sign that says ``stay out.'' There you will see a yellow cone--
not a person, not an INS agent, not a Customs agent but a yellow cone. 
It is open some hours of the day when there is nobody there during 
certain times of the day.
  This week the Attorney General announced an emergency program to 
place National Guard troops on the northern border. A Justice 
Department official stated that ``it is a great vulnerability that 
needs to be dealt with immediately.''
  This package reads, ``border security, $591 million,'' for additional 
Border Patrol agents and screening facilities primarily on the northern 
border. We must provide the funds and we must do so now.
  I spoke a moment ago about our seaports, our lack of adequate port 
security. Our seaports are perhaps the weakest link in our national 
security. Yet they are just as important to our border security as are 
our land borders with Canada and Mexico. And yet they remain 
dangerously exposed. Ports are international boundaries through which 
95 percent of U.S. international trade arrives.
  Last year, we imported 5.5 million trailer truck loads of cargo. Yet 
the U.S. Customs Service has the resources to inspect only 2 percent of 
the cargo that enters this country by sea.
  As we were preparing this package in my office, Senator Hollings 
raised the warning sign: The need for money to be used for security of 
our ports.
  With only 2 percent of the cargo that enters the country by sea being 
inspected, that means a terrorist would have a 98-percent chance of 
sneaking illegal and dangerous materials into this country. So our 
chances are 2 out of 100. The terrorists' chances are 98. So it is 98 
to 2 percent.
  The average shipping container measures 8 feet by 48 feet and can 
hold 60,000 pounds. That is just the average. A bulk ship or tanker 
transporting cargo can hold hundreds of times the amount of explosives 
or other dangerous materials that could ever be smuggled on an airplane 
or a truck crossing a land border. While agents at the U.S.-Mexican 
border are tearing the seats out of a car to search for drugs, a crane 
just up the coast a little ways in Los Angeles can lift thousands of 
truck-size cargo containers on to the dock with no inspection at all.

[[Page S12508]]

  I remind my distinguished colleagues that Osama bin Laden has vast 
shipping interests which he used to transport and sneak into Kenya and 
Tanzania the explosives used in the U.S. Embassy bombings.
  Last month, a suspected member of the al-Qaida terrorist network was 
arrested in Italy after he tried to stow away in a shipping container 
heading to Toronto. The container was furnished with a bed, a toilet, 
and its own power source--how about that, its own power source--to 
operate the heater and to recharge the batteries. That terrorist was 
ready, he was prepared. According to the Toronto Sun, the man also had 
a global satellite telephone, a regular cell phone, a laptop computer, 
cameras, identity documents, an airline mechanics certificate, and 
airport security passes for airports in Canada, Thailand, and Egypt. He 
had thought of everything. This incident only expands what type of 
cargo we must be looking for at our Nation's ports.

  The danger is here, and it is now, and it is not waiting until next 
year's supplemental to cross the desk of the President along about the 
middle of July or August.
  Nuclear powerplants: In just the past few days, I can recall seeing 
headlines in the Washington press about the dangers to our nuclear 
plants in this country.
  I have on the chart a map of the United States showing where the 
nuclear power reactors are, in the red cone, and where the nonpower 
reactors are. They are the reactors that are used for educational and 
research purposes. They do not produce power. The weapons complexes are 
shown by the green dots. The nuclear reactors are shown by the red 
cones. The nonpower reactors are shown by the blue squares.
  There are 19 States in this country that have no nuclear plants, that 
have no power-producing reactors. There it is.
  Mr. President, nearly every facet of daily life that was America 
prior to September 11 must now be regarded in a new light. We have to 
climb upward from the worm's clod, upward from the squirrel's tree. We 
have to go above the eagle's flights to see the world as it is and as 
the people out there who sent us here see the world, not through green 
eyeshades. But they see it every day.
  Nearly every facet of daily life must now be regarded in a new and 
different light. The face of our enemy has become increasingly clear in 
recent weeks. He is an enemy who will live among us. He is an enemy who 
will enjoy our generosity and the blessings of our freedoms. Then he 
will callously turn all of these against us.
  This is an enemy with no fear of death. None. He will count it an 
honor to die, to kill Americans and to die in the act. He will be 
immediately entered into paradise. They have no fear and apparently 
little regard for life. This is the enemy of our nuclear nightmares.
  According to the Washington Post of December 4, U.S. intelligence has 
compiled credible information that Osama bin Laden and his al-Qaida 
terrorist network have taken several disconcerting steps toward 
developing radiological weapons. The Post reported that bin Laden and 
his loyalists ``may have made greater strides than previously thought 
toward obtaining plans or materials to make a crude radiological weapon 
that would use conventional explosives to spread radioactivity over a 
wide area, according to U.S. and foreign sources.''
  There you have it. Now we are being warned. In fact, the Post relayed 
a discomforting description of a meeting within the last year in which 
``bin Laden was present when one of his associates produced a canister 
that allegedly contained radioactive material. The associate waved the 
canister in the air''--as one would wave an aerosol air spray. Ha, here 
it is; I have it; eureka--``The associate waved the canister in the air 
as proof of al-Qaida's progress and seriousness in trying to build a 
nuclear device.''
  Most young Americans have never known the fears of nuclear war that 
once haunted their parents and grandparents. They have never had to 
hunch under their school desks in nuclear drills or stock the family 
fallout shelter with jugs of water or cans of food in preparation for 
attack. We of our generation have seen these things. And while, to 
date, we have seen no evidence that bin Laden has the capability to 
deliver a nuclear warhead, he has made clear his intention to acquire 
such technology, and it is increasingly evident that he may well 
possess and be prepared to use a crude version known as a ``dirty'' 
bomb.

  Clearly, he is well positioned to possess such a weapon and the 
makings of such a device are pitifully easy to acquire.
  The key ingredient is radiological material, which exists in 
abundance in Russia, just next door to Afghanistan, and right here in 
our own country at nuclear power plants and research facilities. While 
we would like to believe that such material is closely guarded, the 
United Nations' International Atomic Energy Agency has confirmed 376 
cases of illicit sales of stolen radioactive materials since 1993. That 
was in USA Today, November 3, 2001.
  Although a dirty bomb does not have the kind of massive explosion 
that destroys broad areas, the detonation of such a weapon would have 
devastating consequences. Some experts have estimated that a single 
such bomb could cause 100,000 casualties within a 3-mile radius in an 
urban area, and render it uninhabitable for years, if not decades.
  If we Senators think we have been terribly put out by the evacuation 
of our staffs from the southeast corner of the Hart Building--and my 
staff falls into that category--if we think that is bad, let the 
terrorists find some way--remember, bin Laden does not count his life 
as anything. He will gladly consider it an honor to lay down his life, 
not for his friend, as the Scriptures say, but to kill Americans. He 
would count it an honor.
  Remember, they have shown they can deliver catastrophe, disaster. 
They can guide a plane into each of two world towers. They can demolish 
them. They can kill thousands of people. We need not ponder as to 
whether or not they could find a way to deliver this dirty bomb which, 
if exploded on The Mall in Washington, would render the buildings 
around The Mall uninhabitable. And if the wind were coming our way, it 
would do the same with the Capitol, and the people at the White House 
would not be at the White House any longer. They would have to go to 
``undisclosed locations.'' For a month? For a year? For a decade? 
Picture that. What about the fear that would spread throughout the 
country?
  It was in 1991--10 years ago recognizing the potential for the vast 
number of Russian nuclear weapons to fall into the wrong hands, that 
the Congress created the Nunn-Lugar Program to eliminate Russian 
nuclear weapons in a safe and secure manner. The budget for this 
program has been cut back for each of the last 3 years, but not because 
Russian nuclear weapons are now secure. In fact, in January 2001, a 
panel headed by former Senator Howard Baker and former White House 
Counsel Lloyd Cutler found that the threat of terrorists getting their 
hands on Russian nuclear weapons is the most urgent unmet national 
security threat to the United States today. Clearly that threat 
remains. My homeland defense package provides $286 million for nuclear 
nonproliferation programs that would help to get at these unabated 
sources of nuclear material abroad.
  Moreover, my package contains $215 million to help secure nuclear 
facilities on our own shores, and to peacefully engage these 60,000 
nuclear specialists in Russia not employed now that the Soviet Union 
has broken up.
  It has taken decades of public relations and education to begin to 
ease the discomfort once prevalent among communities asked to house 
nuclear energy facilities. Even now, though the Nation boasts 104 
nuclear power reactors, many Americans are unsettled at the thought of 
having such a nuclear neighbor.
  Today, through long years of safe operations, nuclear power is a 
significant player in the international power generation game, and it 
is an important part of America's overall energy mix.
  (Mr. DAYTON assumed the Chair.)
  Mr. KENNEDY. Will the Senator yield for a question now or sometime 
later in his presentation, whatever would be agreeable? There are some 
questions in particular on Nunn-Lugar I am interested in addressing to 
the Senator as it applies to the whole issue of bioterrorism. But I am 
glad to wait, if he desires, to inquire of him after he has some 
additional time for his presentation.

[[Page S12509]]

  Mr. BYRD. If I may continue for another minute or two, I will be 
happy to yield.
  Mr. KENNEDY. I thank the Senator.
  To keep it that way, nuclear power companies and the NRC recognize 
the need to reassure the public that their plants are secure--not only 
secure in the sense of the pre-September 11 world, but also impervious 
in the post-September 11 world. That may be one tough job.
  Nuclear plants, though built to tough standards, were not designed to 
withstand the impact of a commercial jetliner. But what is really 
disturbing may be that, even though the plants have been designed with 
a goal of stopping an assault on land--something along the lines of 
well-armed intruders in heavy trucks or SUVs storming the plant--their 
tested security performance is surprisingly poor.
  In fact, according to another recent article in The Washington Post 
though the plants are always warned in advance about the NRC's tests, 
which involve mock assaults by actor-intruders, 47 percent have 
revealed ``significant weaknesses'' in their security forces--
significant being something in the realm of an American Chernobyl.
  There are, however, other less well-publicized security problems at 
our nuclear facilities that need attention now.
  Questions about just who is employed in our nuclear program in this 
country are begging to be addressed. The Los Alamos Laboratory scandal 
provided a mere glimpse of the security challenges confronting a field 
whose payrolls are thick with foreign-born employees, and a nation that 
has long provided educations to foreign students seeking to build 
careers in such fields as nuclear physics.
  Moreover, in response to concerns about ``dirty'' bombs, many 
industry critics are currently looking with renewed concern at the 
40,000 tons of spent fuel stored at operating and shut down plants in 
our own country. These radioactive pools, housed in standard concrete 
or corrugated buildings, have never been the focus of NRC security 
tests. The Union of Concerned Scientists reportedly refers to these 
buildings as ``Kmarts without neon.'' To a determined terrorist, they 
are thrift stores of bomb-making material.
  NRC Chairman Richard A. Meserve, conservatively referring to the 
events of September 11 as ``a wake-up call,'' conceded that the 
terrorist acts have changed the agency's attitude about ``reasonably 
foreseeable'' threats, and ordered a ``top to bottom'' review of 
security rules. But whatever the outcome of the review, action is 
needed sooner rather than later.
  The plants have already been placed on high-alert. Defenses have been 
bolstered on land, in the air, and on nearby waterways. Patrols of 
local police, as well as private security businesses and even some 
National Guardsmen, have been stepped up. All of these measures are 
costly. And a new review of our nuclear plants under the lens of 
terrorism potential is sure to identify additional security risks and 
recommend additional security measures.
  Make no mistake about it, our over-dependence on foreign fuels, 
particularly from lands where political tensions run high, is a 
vulnerability waiting to be exploited. If our energy grid is 
dismantled, if our power plants are attacked, if our nuclear advances 
are pirated and turned against us, America will feel the shockwaves. 
Moreover, if our nuclear plants are assaulted, if they can be made into 
weapons in our own backyard, the confidence of the public so carefully 
nurtured by the nuclear industry in recent years would be destroyed. It 
would be a heavy blow to our Nation's energy security.
  I am happy to yield to the distinguished senior Senator from the 
State of Massachusetts, if he so desires.
  Mr. KENNEDY. Thank you very much, Senator.
  In reviewing the content of your proposal, I would like to ask a 
question. We believe as a Congress and as the Senate of the American 
people in giving the full support we can possibly give to the men and 
women fighting in Afghanistan--supporting their efforts with the best 
equipment, the best technology, the best leadership, and the best 
training. We have had good discussions and debates over a period of 
time as to how that can and should be done. I don't know if the Senator 
was there when we had the Secretary of Defense briefing Members of the 
Senate. He was asked specifically: Was there more to do?
  His response was: We will have a chance after the first of the year.
  As someone who listened to that briefing, I certainly felt, as a 
Senator from Massachusetts having supported the past Defense 
appropriations bills, we had done what was necessary to secure the 
defense and to carry forward America's interest in the battle against 
terrorists.
  Now I ask this question: It appears to me we have followed our 
experts in assuring that those who are going to be on the front lines 
of the military will have the best resources. Shouldn't we follow the 
experts who are similarly engaged in trying to advise us as Americans 
what we can do and must do in order to battle against bioterrorism? It 
seems to me in reading through the thoughtful, compelling rationale for 
the Senator's amendment, that is just what this amendment does. I ask 
further if the Senator would not agree.
  We have just heard in the past few weeks the head of homeland 
security, former Governor Ridge, say: Next year, we are going to have 
to spend billions and billions of dollars to build up our public health 
systems so we will be able to have an early warning system in this 
country. That is what has been recommended by the public health system 
that has studied the program. He is talking about billions and billions 
of dollars next year.
  We have had the work group on bioterrorism preparedness, a conference 
of leading experts in bioterrorism and public health. It is probably 
the most distinguished group of individuals that have studied this 
problem--long before September 11. Many have been involved in the 
elimination of smallpox, as has Dr. Henderson. And having worked in the 
former Soviet Union, he recommended we needed at least $835 million 
just to begin to meet the public health needs to fight bioterrorists. 
That recommendation was made prior to the anthrax incident.
  We have had the National Governors Association discussing their 
estimate in terms of the needs they face in public health. We have had 
the American Hospital Association discussing $11 billion so hospitals 
can be prepared. We have had Johns Hopkins University, which houses 
probably the most thoughtful bioterrorist center in the country, which 
Dr. Henderson headed. They said just to make the hospitals ready in the 
major cities is another $750 million.
  This is billions and billions of dollars. I am impressed by the fact 
that the Senator's amendment is a modest amendment. It is targeted to 
current needs and can be expended immediately in order to make sure 
there would be safety and security for our fellow Americans.
  I have difficulty understanding why the administration wants to wait 
until next year to start this process when we know if we wait, we are 
putting at risk the lives and the well-being of our fellow citizens. I 
am interested in asking the Senator, if we are listening to the best in 
terms of our military advice, shouldn't we listen to those experts in 
the area of bioterrorism who are advising and giving us notice. 
Shouldn't we listen to those experts who have an awareness of the 
countries needs, and try the best we can to follow their 
recommendations?
  Is not the Senator's amendment a reflection of the best in terms of 
those who have studied this problem?
  Mr. BYRD. Mr. President, the Senator is preeminently correct. As we 
in my office, our staff, considered this package, we were mindful of 
the testimony that had been given in the appropriations subcommittees. 
We were mindful of the subcommittee that had been chaired by Mr. 
Dorgan, the subcommittee that had been chaired by Mr. Harkin, the 
subcommittee before which Senator Kennedy and Senator Frist, the 
eminent ``one'' physician in our midst, before which subcommittee they 
appeared and recommended moneys be spent for bioterrorism. I was 
visibly impressed by their testimony and commented on it. They had 
studied this matter quite at length. They had listened to the 
specialists in the field. They had listened to the Governors. They had 
listened to mayors. They had listened to legislators at the State 
level. They came up with this very tightly drawn package, bioterrorism 
package.
  We have used that information, used that material and used the advice 
of

[[Page S12510]]

the Senator from Massachusetts and the advice of the Senator from 
Tennessee, Mr. Frist, as we put this package together.

  So in that bioterrorism area, we have sought to improve the food 
inspection lines, we have sought to provide for additional studies of 
advanced and second generation anthrax and other viral agents, and we 
have sought to provide for the laboratory specialists, the CDS and the 
labs at the State and local levels, the moneys they need to deal with 
the next attack.
  You see, we are not dealing with just the last attack. We are dealing 
preventively, we hope, against the next attack.
  Let me take this opportunity to compliment the distinguished Senator. 
He has been busy day and night, and so has Dr. Frist, in talking about, 
in working in connection with, this area of safety and welfare for the 
American people.
  Mr. KENNEDY. I thank the Senator for his remarks.
  I pay tribute to my colleague, Senator Frist. Senator Frist and I had 
hearings going back to 1998, 1999, and then passed legislation dealing 
with bioterrorism and also drug-resistant bacteria. The kinds of 
problems we were facing, healthwise, were similar to problems with many 
of these pathogens.
  But I want to raise another question to the Senator. I have before me 
the review of the States by the Public Health Service. This is after 
the anthrax attacks that have infected 17 and killed 5 of our fellow 
citizens. What we have seen in the wake of these attacks is that our 
capacity to deal with this was right at the edge of being overwhelmed. 
And not just in the particular regions where these incidents took place 
but all across the country, all across the Nation.
  I will just read about a few of the States. I will include in the 
Record a few examples from the States that illustrate this. Let me 
mention these incidents and ask the Senator whether this is something 
to which he believes his particular measures will respond.
  Here is the State of Iowa after the anthrax attack. This report is 
very recent--just a few weeks old. They are talking about the public 
health situation of Iowa.

       The State and local public health systems have been 
     overwhelmed trying to meet the needs of State and local law 
     enforcement agencies in evaluating testing threats. We have 
     been working 10-hour days and all weekends, just to try to 
     keep our heads above water. We need help.

  That is Iowa.
  Ohio:

       We have processed 722 samples related to the anthrax 
     threats in the laboratory. The signs of stress are showing in 
     a number of staff as a result.

  This is Ohio.

       There is not enough staff to respond to all the tentacles 
     that are out there with the public in terms of these false 
     attacks that were taking place.

  Tennessee:

       Our communicable disease control in our 13 regions has been 
     working night and day to respond to white powder exposures. 
     The State laboratory has been overwhelmed with volume 
     testing, 450 testings in 3 weeks. We have had to pull 
     resources from other areas, leaving us vulnerable to food-
     borne outbreaks.

  In Wisconsin:

       We have processed more than 400 anthrax related specimens 
     since October 10. The staffs are overwhelmed and 
     overstretched.

  This is true in just about every State of the country. These examples 
are just a result of these past weeks. The Senator is asking why should 
we take a chance with the health and the lives of the American people 
in not putting in place the kind of mechanisms we have had recommended 
to us in order to protect the lives of American people.
  Senator, earlier today in the Judiciary Committee we heard from 
Attorney General Ashcroft. He spoke of all the emergency steps that are 
being taken in order to deal with the problem of terrorism here at 
home. We are supportive of so many of those. We heard of the extent to 
which we are going in order to protect the lives of American people, 
and all the times we might have to bend the civil liberties of the 
American people in order to protect them. We are here to make sure we 
are going to try to get it right--that those steps are going to be 
effective and they are going to be able to do their job and while also 
protecting our rights.
  Now we come over here this afternoon, and the Senator from West 
Virginia has an eminently reasonable, responsible amendment. His 
amendment responds to the findings, the recommendations, and 
suggestions of people who know this business, and we are told, well, we 
don't have to deal with this.
  I commend the Senator for his thoughtfulness in bringing this 
together.
  I will just make a final, quick point and ask the Senator whether he 
might agree with me. We have a strategic oil reserve. We have this 
strategic oil reserve in order to protect the American industry and 
American families if we run short of oil or if oil is going to run 
excessively high in cost. I wonder why we should not have a strategic 
pharmaceutical supply, so we are able to guarantee to every child, 
every elderly citizen, in this country that if we face the challenge of 
smallpox--that they will be adequately protected. If we can do it in 
terms of oil, it seems to me we ought to be able to do it in terms of 
smallpox. The amendment of the Senator from West Virginia moves us down 
that path. Any Senator who supports that amendment will be able to go 
back home, and in any town meeting they have with parents around this 
country, they will be able to say: We voted to make sure we are going 
to be able to provide smallpox vaccine if it becomes necessary to 
protect your child.
  How does anyone believe that is somehow a failure of investing in the 
security of this country?
  The bioterrorism amendment of the Senator is a few billion dollars. 
We are spending billions of dollars overseas--and I support that. Why 
is it we are willing to spend billions of dollars overseas to try to 
dislodge al-Qaida that may kill some Americans in the future, and fail 
to support the amendment of the Senator from West Virginia, which is a 
few billion dollars in order to protect American citizens? I just don't 
understand it.
  I don't know whether the Senator can help me to try to understand the 
rationale and reason for that because it seems to me he has made 
eminently good sense. The amendment is based upon the solid record of 
those who have studied this particular issue and is in response to the 
needs we are facing.
  I know the Senator has other matters to which he wishes to speak. But 
I remember when we had the Office of Technology Assessment. They did a 
study about the potential impact of an anthrax attack on the United 
States. It was going to cost, for 100,000 Americans who were exposed--
it was going to cost $26 billion, for each 100,000 Americans who were 
exposed.
  We are talking about all different kinds of possibilities. The 
Senator has in his homeland security proposal a very important 
downpayment to make sure we are going to meet those threats. He has 
other very important measures to which I know other Members want to 
speak. But the evidence is there.
  I mention finally on the bill the Senator referenced--the bill 
Senator Frist and I introduced--there are now 74 cosponsors of that 
bill. Yours is a slight degree above the Frist-Kennedy bill, but there 
are 74 cosponsors for our bill.
  I, again, thank my friend and chairman of that committee for his 
foresight in this area, and for all the good work he is doing to 
protect families on the issues of bioterrorism. I know that later on we 
are going to have an amendment by the Senator from Indiana with regard 
to the Nunn-Lugar proposal which will help deal with the problem and 
dangers of nuclear proliferation.
  Also, we are concerned about the dangers of proliferation of 
bioterrorist material that exists in the Soviet Union. The Soviet Union 
at one time was able to produce 24 tons of anthrax a day. They have 
stored that in various areas. Even Mr. Chernov, who was a member of 
their national security council, was warning that he was not satisfied 
that they had adequate protections.
  We are interested in trying to work cooperatively with the Soviet 
Union to contain it.
  We are interested--as this amendment will do--in building the early 
warning systems through the public health systems. We want to build and 
support the treatment which is necessary in terms of helping and 
assisting

[[Page S12511]]

the hospitals, and we want containment so that it will not expand.
  The Senator from West Virginia has an amendment that deals with all 
of those measures as a downpayment for every family to make sure they 
are going to be protected from a bioterrorist attack.
  I commend him and look forward to supporting his amendment.
  Mr. BYRD. Mr. President, I thank the Senator for his cogent, lucid, 
and very pertinent remarks. It boggles my mind, it boggles my mind and 
my imagination that there is opposition to this package.
  Does the Senator know that we have this package wrapped up and tied 
with a little blue ribbon, and on that ribbon is the word 
``emergency?'' We have an emergency designation on this whole package.
  If the President wants to use the money, it is there. We say: Here it 
is, Mr. President. We want to help you keep your promise to the 
military.
  There is $21 billion for the military. That is what the President 
said he wanted for defense. Every penny is there. We have not cut a 
penny.
  He said on September 20 to the joint session of the Congress--I was 
there, the Senator from Massachusetts was there in the House of 
Representatives when the President spoke.

       Our Nation has been put on notice. We are not immune from 
     attack. We will take defensive measures against terrorism to 
     protect Americans.

  Here it is. Right here is the defensive measure to protect Americans 
against terrorism. I am trying to help the President keep his promise.
  He also promised $20 billion for New York City and the other 
communities that were involved in that attack. He promised them. We are 
committed to it. We are trying to help the President. I am not trying 
to get in his way. I am not trying to embarrass the President. I am 
saying, Mr. President, let me on your boat.
  I am trying to help him. Here it is. You don't have to spend it 
because we have an emergency designation.
  What is wrong with that? Who can complain about that? The American 
people want this. They need it. They are entitled to it, and we have a 
responsibility to give it to them. This is defense. Whether it is in 
the foreign fields or here in this country, it is defense.

  When we talk about helping our military, we have military people in 
this country. They are training in this country. They are in Georgia. 
They are in South Carolina. They are in California. They are all around 
the country. They, too, might suffer from a pathogen that comes in the 
mail. They, too, might suffer from a terrorist act.
  We are acting to protect our people, whether they are in the 
military, or whether they are not in the military, in this country and 
abroad.
  We are trying to help our President to keep his promise. We are not 
trying to be a problem for him. We are trying to help him.
  I am sorry that I think he is being ill advised by some people around 
him. I will not name of whom I have suspicions. But I think the 
President is well meaning. I was impressed with the President when he 
spoke at the House of Representatives. But I think he is being ill 
advised.
  This is not a party matter. It is not a Democratic matter. It is not 
a Republican matter. It is a not a Republican threat.
  So help us. Let us join together and fulfill that first phrase of the 
preamble of the Constitution:

       We the People . . . in Order to form a more perfect Union . 
     . .

  Let us form that more perfect union. Let us form it here. Let us form 
now that more perfect union. Let us have no aisles separating Democrats 
from Republicans on this issue. This is not a political matter.
  I thank the distinguished Senator for his observations, for his good 
work in this area, for his support of this effort, and for the 
leadership he is providing.
  Mr. DORGAN. Mr. President, will the Senator from West Virginia yield 
for a question?
  Mr. BYRD. Yes, I yield for a question.
  Mr. DORGAN. Mr. President, I wanted to ask the Senator from West 
Virginia a question about the issue of border security for which he 
provides in his amendment.
  I am especially interested in the issue of the security of our 
northern border. We have twice as many Customs agents on the southern 
border between the United States and Mexico as we do on the northern 
border between the United States and Canada.
  With respect to the Border Patrol, we have roughly 500 Border Patrol 
agents on the northern border between the United States and Canada to 
control those 4,000 miles. We have 9,000 agents on the southern border 
between the United States and Mexico.
  I note that the Senator has included in his amendment some resources 
to deal with this border issue. The reason I ask the question is you 
cannot provide security for this country unless you provide security 
for our country's borders--not just some of the borders but all of the 
borders because the terrorists will seek the weakest link.
  There was recently a story of a fellow from the Middle East who was 
shipping himself in a container to Toronto, Canada--a suspected 
terrorist. He put himself in a container. He had a food supply; he had 
a heater; he had a global positioning satellite mechanism; he had a 
cell phone; he had a toilet. He had all the comforts. He had food.
  When they found him in this container on a container ship having 
tried to ship himself to Toronto, Canada, he got out of the container, 
and they said he was very well dressed. He looked quite well.

  The question is, If he is shipping himself in a container to Toronto, 
Canada, to come into this country to commit a terrorist act, do we have 
the resources on the northern border to be sure that we are going to 
catch suspected terrorists or those associated with terrorists who are 
trying to come into our country?
  At the moment, on the northern border, Customs agents are working 12 
to 14 hours a day, 6 days a week, and have ever since September 11.
  The President did not request additional resources for new Customs 
agents. He requested some additional resources to pay for overtime, 
which they will have to do given these outlooks. But the fact is, we 
need more agents. We need new resources.
  It is very interesting that a request was made by the administration 
for Border Patrol agents and for immigration agents but not for 
additional Customs Service agents.
  The Senator, with his amendment, has provided for additional 
resources for our border protection and border security, especially on 
the northern border. Is that not the case?
  Mr. BYRD. That is true. We have presently 498 inspectors on the 
4,000-mile long northern border--334 individuals who travel from one 
area to another, the Border Patrol--and at 62 of the 113 ports of entry 
along the northern border nobody is watching at certain hours of the 
24-hour day.
  We are trying to provide additional moneys in the amount of an extra 
$551 million to meet these needs and to meet them now. Yes.
  Mr. DORGAN. Mr. President, if I might inquire further of the Senator 
from West Virginia, I have traveled to those border ports of entry. My 
State has a long common border with Canada. I have been there at 10 
o'clock in the evening when the port of entry closes. I have seen what 
they do. On that paved road between the United States and Canada, at 
closing time, they put out an orange rubber cone in the middle of the 
road, and that is our security past 10 o'clock at night.

  As I have indicated, an orange rubber cone cannot walk, it cannot 
talk, it cannot shoot or tell a terrorist from a tow truck. And the 
polite people who violate our ports of entry, they apparently stop the 
car, after the port of entry is closed, and they actually move the 
rubber cone, drive through, and put the cone back. Those who are not so 
polite come running through at 60 and 80 miles an hour and just shred 
the rubber cone.
  The point is, terrorists will always find the weakest link. For this 
country to have good security, adequate security, that gives people 
confidence, you have to have security of all of your borders. And it 
has not been the case with the northern border.
  It is the case that the Port Angeles point of entry is where the so-
called millennium bomber tried to come through, and a very alert 
Customs agent caught the millennium bomber who was intending to bomb 
the Los Angeles Airport.

[[Page S12512]]

  It is also the case that Middle Eastern folks were inquiring in a 
small Canadian town just 100 miles north of the border of North Dakota 
about the capability of crop-spraying airplanes. This was at the time 
Mohamed Atta was doing the same thing in Florida. And others were doing 
the same thing in other parts of the country--150 miles from Minot Air 
Force Base where we have our B-52s housed.
  The point is, we must be concerned about all of our borders. I deeply 
appreciate the Senator's amendment dealing with the northern border 
security, which was left out--with respect to the Customs Service, 
especially--of the President's request.
  If I might say, as I continue to inquire, it seems to me the 
proposals offered by the Senator from West Virginia are proposals that 
everyone supports. The head of homeland security, Governor Ridge, says, 
yes, we need to do these things. The administration says, yes, we need 
to do these things. The disagreement is about timing.
  The issue is, should we do them sooner or later? The administration 
says, let's do them later. The question is, Is there risk for this 
country in waiting until later? Will terrorists wait until later? I do 
not think so. I think the American people will be better served by our 
deciding to make these investments now and protect this country now. 
The issue of sooner or later ought to be, in my judgment, resolved by 
this Senate in favor of sooner, taking protections sooner for the 
American people, taking the steps necessary to minimize the risk of 
terrorism.
  Now, let me make one final point as I ask a question. The 
administration, just in the last couple of weeks, has once again 
indicated to the American people there is a high threat of a terrorist 
act, according to some reasonably credible evidence that exists. This 
is the third time we have heard this. I am not critical of that at all. 
I believe it is their obligation to inform the American people under 
those circumstances.
  But if, in fact, it is the case that there are credible pieces of 
information about terrorist threats against this country that could 
cause great harm to the American people, isn't it also reasonable and 
logical, then, for us to understand the urgency of making the very 
changes that the Senator from West Virginia is now counseling we make 
with respect to homeland defense and homeland security?

  I ask the Senator from West Virginia, Do you not believe that the 
issue here is not policy, not whether we should do these things, but 
the disagreement is about when they should be done, and that the 
administration is simply saying, we do not necessarily disagree with 
what you want to do, we just believe it ought to be done later? Is that 
the case?
  (Mr. CORZINE assumed the chair.)
  Mr. BYRD. That appears to be the case. And it boggles my mind to 
think that while we have a perfectly logical, commonsense approach here 
of providing to the President the means whereby he can deal earlier, 
quicker, more effectively with possible terrorist attacks--we have it 
in a package here; it is designated ``emergency;'' he can use it, he 
can not use it--we are being asked to vote against this package. I 
cannot believe the President is receiving good advice. I have to 
believe he must be receiving some partisanly political advice from 
somewhere down the line. It does not make sense.
  Why would the President be opposed to our providing this now? We do 
not lose anything by it. We have everything to gain by providing this 
now. It is our responsibility, it is our duty, to provide for the 
common defense. And if this isn't common defense, I do not know what it 
is, if it does not fall within the category set forth in the preamble 
that we should provide for the general welfare. This, it seems to me, 
we have to do.
  Mr. DORGAN. Mr. President, if I might make one additional inquiry of 
the Senator from West Virginia.
  I want people to understand, as I know the Senator from West Virginia 
does, that when we have a disagreement here--which is only about the 
timing of when we ought to do what we should do for this country's 
homeland defense and homeland security--it is not a circumstance where 
we are confronting this President in a way that says, we are not 
supportive of what you are doing for America.
  In fact, there is, in my judgment, general support and admiration for 
this President's leadership with respect to the prosecution of the war 
against terrorism. I think they have had a spectacular success. I 
indicated to Secretary Rumsfeld just a few moments ago how much I 
admire his service and respect what he has done. I think the President 
also has shown outstanding leadership in a number of these areas.
  So this is not a confrontation with this President during a period of 
conflict. There is no disagreement about support, widespread, 
passionate support, for this administration and the administration's 
prosecution of the war on terrorism.
  Mr. BYRD. Absolutely.
  Mr. DORGAN. This issue is simply an issue of what kinds of 
investments do we believe need to be made to protect this country, what 
kinds of homeland security and homeland defense investments do we 
believe need to be made. In fact, if you read, day after day, the press 
accounts from Governor Ridge, and others, they will say that they agree 
with all of the recommendations we are now talking about.
  It is unfathomable to me that we should continue, month after month, 
now saying we will not put any additional Customs agents on the 
northern border. I do not think anybody in this country can take 
comfort from that. Everybody understands you must provide security on 
our borders, you must provide additional security on the northern 
border. If not, we do not have border security. If you do not have 
border security, you have an added risk of a terrorist being 
successful. That is why the timing issue here is critical.

  This is just about the question of whether we ought to do what 
Senator Byrd is suggesting now or later. If we do not do it now, 6 
months or a year from now it will be done by the administration. And 
God forbid some terrorist act would occur in the interim that we could 
have well prevented with this additional vigilance, with the resources 
provided in this amendment.
  So I would ask the Senator from West Virginia to continue his efforts 
on the floor of the Senate and see that we are able to enact this 
amendment. I know some believe that this is confronting the President. 
It is not at all. It is helping this country and helping this 
administration do now what they say, in any event, they want to do 
later. It makes much more sense, it seems to me, for us to make this 
investment for America today.
  I thank very much the Senator from West Virginia for yielding.
  Mr. BYRD. Mr. President, I thank my friend.
  We are not being confrontational. I have no hesitance whatsoever to 
be confrontational with the President of the United States or anybody 
else. Let the President advocate fast track; I am ready for that 
confrontation, and so is the distinguished Senator from North Dakota.
  We are not being confrontational. We are trying to live up to our 
responsibility. We want to work with the President. We want to help the 
President. I want to help him to keep his commitment when he said on 
September 20, in that joint session of Congress, ``Our Nation has been 
put on notice we are not immune from attack. We will''--not maybe--``We 
will take defensive measures against terrorism to protect America.''
  Now, Mr. President, this is what we are trying to do. We are trying 
to help our national leader keep his commitment, and yet there is a 
veto threatened--a veto--a veto. I cannot believe the President has 
reached this decision in his own mind--a man who, when he took the oath 
of office, referred to the Scriptures, referred to the good Samaritan 
on the road to Jericho. It gave me a new sense of confidence and trust 
in our President.
  President Eisenhower, when he was inaugurated, prayed. He didn't call 
on somebody else to pray; he prayed. Eisenhower himself prayed a 
prayer. I was impressed and thankful. So this President has the support 
of the American people in the war effort. There is no question about 
that. The people have rallied. There is no party spirit in the rallying 
of the American people behind their President when it comes to the 
prosecution of a war overseas.
  Why should they be denied the support of the administration in this 
effort to deal with future terrorist acts?

[[Page S12513]]

 We are not being confrontational. We want to help the President. We 
are not interested in this from a political party standpoint. There is 
no dividing aisle here. We are dealing with the protection of the 
American people. When we protect the American people, we protect the 
military men and women who are here in this country. We protect them 
from terrorist acts. We protect all citizens. We protect the old, the 
young, the weak, the sick.
  Why do we have to draw political lines in a matter of this solemn 
nature? This is not a Democratic proposal. This is not a Republican 
proposal. Safety, to the American people, has no political designation 
on it. We have this duty. I think we would be recreant in our duty and 
it would be criminal if we did not act when we know what has been said 
to our committees and when we know from what we read in the press that 
all these things are available. Yet we say, wait, wait.
  I think we may be in the position of the five foolish virgins. When 
the bridegroom came, they had no oil in their lamps. He knocked at the 
door. ``We have no oil in our lamps.'' That is what we are trying to 
provide here so that we will not suffer the fate of the five foolish 
virgins.
  I thank the Senator for his observations and his contributions.
  Mrs. CLINTON. Mr. President, will the Senator from West Virginia 
yield for an inquiry?
  Mr. BYRD. I yield to the distinguished Senator from New York.
  Mrs. CLINTON. Mr. President, the Senator from West Virginia is aware 
of the recent rather sobering comment that our Vice President made with 
respect to this war, that we are fighting on two fronts, that we are 
likely to suffer more casualties on our homeland front than we will 
across the seas?
  Mr. BYRD. I am aware that he said this. He said that, for the first 
time we are more likely to suffer casualties on the homefront than 
among our forces here or abroad.
  Mrs. CLINTON. I thank the Senator from West Virginia for the careful 
attention he has given to the threats we are confronted with today. I 
thank the two distinguished ranking members who are in the Chamber, the 
Senator from Hawaii and the Senator from Alaska, for coming to New York 
City to go to ground zero to see what happens when our country is 
attacked the way we have been.
  I inquire of the Senator regarding the work he has done with respect 
to preparing this extremely important amendment that understands our 
defense needs are both with our men and women in uniform, and we are 
all supportive of the President and our military leadership and very 
proud of the extraordinary work being done to root out the terrorist 
network, but we also have credible threats here at home.
  In fact, just as a reminder, this is what war looks like when it is 
brought home to our own shores. These are pictures, as the Senator from 
West Virginia knows so well, of the attack New York City suffered on 
September 11, pictures of the devastation that occurred, pictures of 
the men and women who are on the frontline of defense--the 
firefighters, the police officers, the emergency responders--who, just 
as our men and women in uniform, our special forces, as well as our 
Marines, our Navy, our Air Force, our Army forces across our country 
and the world, are on the front lines of defending us at home. Here is 
what our defenders look like in the streets of New York. They could be 
in the streets of any of our cities.

  May I inquire if the Senator, in constructing this very thoughtful 
amendment that takes into account our defense needs at home, took into 
account, as I know he did, the extraordinary devastation and damage the 
city of New York has suffered because the attack on New York was an 
attack on America?
  Mr. BYRD. Absolutely. May I say that the two distinguished Senators 
from New York have not once, have not twice, have not thrice, but many 
times talked with me about the needs, the immediate needs, of the 
people of New York. They have talked to me about the suffering that the 
people of New York have had visited upon them by this beastly attack. 
They have continued to implore me, as chairman of the Appropriations 
Committee, to help them, to help the State of New York.
  The Governor of New York came down to see me also. He sat at the 
table in my office on the floor below and pleaded with me to provide 
help and succor and comfort in the form of dollars for New York City.
  Mrs. CLINTON. The Senator has heard those cries for help and has, 
along with the committee, responded in our time of need, for which all 
of New York is grateful. It goes beyond that.
  As we look at these pictures, as we are reminded of the devastation 
and destruction, we know it is going to take a long time to recover. We 
know that what the Senator has very thoughtfully provided in this 
appropriations bill will put us on the path toward recovery, will put 
money into the pipeline.
  As the Senator knows better than anyone, it will be quite sometime 
into next year before another appropriation can possibly be obtained.
  Mr. BYRD. It will be.
  Mrs. CLINTON. Isn't it correct that it is likely to be late spring at 
the earliest before any additional money would flow to New York?
  Mr. BYRD. The Senator is correct.
  Mrs. CLINTON. As a result, because of the estimates of $100 billion 
of damage, so clearly shown here in the difference of what this part of 
our country looked like on the morning of September 11 before the 
terrorists wreaked their evil on our country and what it looked like 
afterwards, we know very well it is going to be a long struggle for us 
to recover. The fires are still burning. We need to get contracts let.
  We need to repair the destruction that has been done to our streets, 
our highways, our infrastructure. We need to help our hospitals that 
were so prepared; they literally did all they could in spite of the 
damage they suffered. They lost their generators. They lost their 
billing systems. Their computers went out. But they stayed on duty. 
They didn't ask anyone who was brought in injured, a rescue worker who 
was injured on the job: Where is your insurance? You can't come in this 
door today because we don't know if you can pay. Everyone was brought 
in and given care.
  What I have learned from that and what I commend the Senator for 
understanding is that New York City was probably better prepared than 
any other city in the country because of the work that had been done. 
Of course, the heroic efforts of our police and especially our 
firefighters and our emergency workers showed that preparation.
  What the Senator is trying to do, as I understand it, is not only to 
help us with the extraordinary needs we face to get us on the path of 
being able to use these dollars in the way they should be used--
accountably--but to get the money in the pipeline as opposed to waiting 
until next year.
  Mr. President, the Senator from West Virginia is also telling us we 
have to be prepared in case this happens anywhere else in the country; 
is he not?
  Mr. BYRD. Yes. I am also saying those tunnels that go into Penn 
Station in New York are traps. They were built before World War I. I am 
passed 84 years of age, and they were built before I discovered 
America. They are inadequately ventilated, they are inadequately 
lighted, and the escape routes are inadequate. There are 500,000 
individuals who go through that station every workday. There are 750 
trains. Yet how much has been appropriated to prevent another 
catastrophe there to rebuild the tunnels?
  Yes, I know. I have heard from the Senator, and I have heard from her 
senior colleague. They have not been recreant in their duty. They have 
been very effective. As I say, the Governor of New York has been in my 
office. I hope he will support this package because it will help him; 
it will help the State of New York; it will help the people in the fire 
departments; in the police departments, the paramedics in New York City 
and other cities in New York.
  We have that responsibility. I did not go to New York. I am one of 
the few national politicians who did not go to New York City. I did not 
need to go.
  Mrs. CLINTON. This Senator knows very well that the Senator from West 
Virginia has a grasp, an understanding of what happened, not only with 
respect to the attacks but also the anthrax which came to New York to 
our

[[Page S12514]]

Postal Service and to our media offices as well.
  Mr. BYRD. Yes, I saw it on television. I saw it on the agonized faces 
of wives, mothers, and fathers. The terrorists made many widows that 
day. The terrorists made many orphans that day. I saw it in the sweaty, 
grimy faces and hands of the workers, sifting through the rubble. I did 
not need to go. I would like to have gone, but I made the same 
commitment that those individuals in high places made who did go.
  Now is the time to keep our commitment. I believe that a promise made 
is a debt unpaid, and I promised the New York Senators that I would try 
to help them, and I have done everything I can. I promised the New 
Jersey Senators, one of whom presides over this Senate at this moment 
with great dignity, skill, poise. I am keeping that promise. The 
President promised, and I am trying to help the President keep that 
promise.
  I am not being confrontational about it. I want to help. Can we not 
just join hands once, one time and not be political about this and help 
to form a more perfect union and fulfill that phrase that is in the 
preamble of the Constitution?
  I thank the Senator.
  Mrs. CLINTON. I thank the Senator for his extraordinary efforts and 
his very fine work on this amendment, which will strengthen our 
national defense at home as well as abroad.
  Mr. BYRD. I thank the Senator.
  Mr. President, continuing along the line that the distinguished 
junior Senator from New York was pursuing, on May 10, Chief Jack 
Fanning of the New York City Fire Department testified before the 
Senate Appropriations Subcommittee on Commerce, Justice, State, and the 
Judiciary on the role of the fire service in responding to terrorism.
  Fanning, the officer responsible for the New York City Fire 
Department's hazardous materials operation, said that in preparing for 
terrorism, ``The emphasis must be placed on the most important aspect 
of the equation, the first responder, and first responder team.''
  Mr. Fanning was talking about the people at the ground level, the 
people at ground zero, the people who are the first to arrive when the 
alarm bells ring.
  Fanning said:

       If lives are to be saved and suffering reduced, it will be 
     up to them to do it.

  Meaning the first responders, the first responder team.

       At an incident, whatever the scale, firefighters and other 
     responders will be there within minutes, some quite possibly 
     becoming victims themselves.

  Those were the words of Mr. Fanning. His testimony concluded with the 
following:

       They [the first responders] will do what they have always 
     done, act to protect the public they serve. Knowing this, let 
     us provide them with the tools they need to perform their 
     duties safely and effectively.

  Prophetically, Fanning was among the 343 firefighters, including the 
city's fire chief and most of the senior staff, who died in the World 
Trade Center collapse. There, as it were, is the voice from the grave 
telling us again, do something, do it now.
  The people at the local level need help. They are the people who are 
the first on the scene, the first to save lives, and perhaps the first 
to give their own lives.
  Before I turn again to the chart, this is another chart which visibly 
displays the situation as explained by the very distinguished senior 
Senator from North Dakota a little earlier when he talked about the 
ports on the northern border being closed, and this is what the chart 
says: ``Stop,'' with a big red sign.

       This port is closed. Open daily at 9 a.m. Warning, $5,000 
     fine for entering the United States through a closed port. 
     Nearest open port is 70 miles east at Portal, North Dakota, 
     on Canadian Highway 39.

  There we have it. We can see the orange cones sitting around the 
side. My colleagues will recall the distinguished senior Senator from 
North Dakota said some trucks and automobiles will pull up to the sign 
and the driver or someone in the car or truck will get out, move the 
cone, and drive right on through. Or, he said, some will just press 
their foot on the accelerator and at the speed of 75, 80 miles an hour 
go right through those cones and leave them in shreds. That is the 
visual of the warning Senator Dorgan was speaking about.
  Now let us go back. Some Senators may wish to take a look at the 
chart so we will set the chart in the chair in front of me.
  That is what we are trying to help with. We are trying to provide 
live men and women at those ports of entry that presently are not 
covered 24 hours a day. That is what we are trying to do in this 
package. We are saying do it now, do not wait, do not gamble with fate.
  We have already fallen behind in complying with the aviation security 
bill recently passed by the Congress and signed into law by the 
President. The Transportation Secretary said last month on November 27 
that the Federal Government cannot meet the January 18 deadline that 
all checked baggage be screened for explosives. The new law requires 
that by the end of 2002 all checked luggage be screened using explosive 
detection systems. That would require 2,000 machines at a cost of $2 
billion, according to the Federal Aviation Administration.
  We cannot wait until next year to provide these funds if our Nation's 
airports are to comply with the tougher airline security required under 
that law.
  Last month, on November 3, a man carrying seven lock-blade knives, a 
stun gun, and a canister labeled ``tear gas/pepper spray,'' slipped 
past security screeners at Chicago's O'Hare Airport. It was a stunning 
breach of security. At a time of heightened scrutiny, everybody should 
have been looking. The would-be passenger, who had already been 
stripped of two knives at a prior security checkpoint, made it to the 
boarding gate before airline personnel in a second check discovered the 
other weapons. Here was a mini arsenal on two legs walking right 
straight for the door of the airline, and he was almost there.

  These incidents follow a recent surprise inspection by the 
investigators from the inspector general's office of the Transportation 
Department and of the Federal Aviation Administration at 14 airports 
across the country.
  In October, FAA inspector general agents found a man who passed 
through a metal detector at Dulles International Airport with a knife 
in his shoe. Now why is he carrying a knife around in his shoe?
  In September, a man went through security in Atlanta and realized 
before boarding the plane he had a pistol in his carry-on bag.
  The American people want tougher security at airports. One can see it 
in the half-full airplanes taking off from our airports every day. Even 
after grounding nearly 20 percent of their planes, airlines filled only 
63 percent of their seats in October according to the Air Transport 
Association. So that is still 8 percent less airline traffic than in 
October of last year, well before the September 11 attacks.
  Airports need funds to increase the visibility of law enforcement 
personnel for deterring, identifying, and responding to potential 
security threats. Additional staff persons are needed to conduct 
security and employee identification checks through airports. Airports 
with tighter budgets, particularly smaller airports in rural areas, are 
unable to absorb these new costs.
  This package provides $238 million to hire law enforcement personnel 
and improve protection for you, you who are watching through those 
television cameras.
  I simply cannot understand the logic of opposing this package. Who 
would choose to allow their family to live in constant fear? What 
parent would repeatedly warn a child of predators on the playground and 
then send the child out to the park unattended and unprepared to 
protect himself? What is the sense in telling the people to be brave 
and then denying the people even the most modest, necessary 
protections?
  Budget agreements are certainly no reason. This package bears an 
emergency designation. With that emergency label, this President could 
choose, as I have said repeatedly today, not to spend these funds if 
they prove to be unnecessary to spend at a given time and for a given 
purpose. But at least the funds would be available should the need 
arise. This package also contains provisions to ensure that

[[Page S12515]]

these funds are not counted in the baseline calculations in future 
years.

  Get that. I am not trying to build up future budgets. I am not trying 
to use the funds accounted for in the baseline calculations to increase 
the budgets in the future years. There is no outyear growth, no 
multiplier effect. It is a simple, straightforward investment in 
protection at a time of national crisis.
  To say we are willing to gamble the safety of the American public on 
the bet that no additional attacks will occur, that no additional 
vulnerabilities will surface, that no additional security precautions 
will have to be taken, defies common sense. It defies logic.
  The President has declared we are in a state of national emergency. 
He did that some time ago. His administration has issued three alerts, 
three broad warnings of possible terrorist attacks, three alerts to the 
American people. We must respond to our national emergency. We must 
take matters in hand and guide this Nation through this time of 
uncertainty, this time of danger, this time of darkness.
  I urge my colleagues to vote to provide the American people with 
basic protections at a time when the American people are most 
vulnerable. Forget your politics. Politics has nothing to do with 
this--nothing. This package fulfills our commitment to provide $20 
billion to New York in response to the September 11 attacks. I urge my 
colleagues to support this package.
  On a statue in Atlanta, GA, are these words inscribed in memory of 
Senator Benjamin Hill, a great Senator, great orator: He who saves his 
country saves himself, saves all things, and all things saved do bless 
him. He who lets his country die, lets all things die, dies himself 
ignobly, and all things dying curse him.
  Let's vote to save our country. I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.


                           Amendment No. 2243

   (Purpose: To provide for the allocation of supplemental emergency 
                                funds.)

  Mr. STEVENS. Mr. President, the chairman has presented a program 
which is a program for the future, without any question one that 
reflects a substantial number of meetings that I have had with the 
chairman, and others, over a period of time since September 11. We 
have, however, a position taken by the President of the United States 
that he believed we had an agreement not to exceed the $40 billion that 
we previously approved for supplemental money for 2002 to cover the 
expenditures required to initiate the recovery from the disastrous 
attacks in our country on September 11 of this year.
  We have before the Senate section A of the committee bill, the 
Defense appropriations bill for 2002, that was prepared by my good 
friend, the chairman, Dan Inouye of Hawaii, and me and our staffs. It 
has been included in the amended version reported by the full committee 
that Senator Byrd has described and has been reported as we presented 
it, as a matter of fact.
  Senator Inouye's version of the Defense bill for next year is in 
section A. I do not intend to address that at all. I do, however, 
address the problem presented with the President's position of not 
wanting additional money at this time beyond the $40 billion that he 
previously agreed to when he signed the supplemental we previously 
passed this year. To achieve that goal, I now call up amendment 2243.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens] proposes an amendment 
     numbered 2243.

  Mr. STEVENS. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Amendments 
Submitted.'')
  Mr. STEVENS. Mr. President, let me describe, if I may, the problem we 
face. We are in the month of December, which is the last month of the 
first quarter of fiscal year 2002. When we finish this bill, however it 
may look after it goes to conference with the House, and then goes to 
the President and the President signs it, it will be approximately the 
end of the year. In other words, the new money in this bill will be 
spent in three of the quarters of the calendar year 2002.
  Realizing that, I visited with my good friend, Chairman Byrd, and 
suggested we deal with the issues he wanted to deal with by putting 
additional money in the bill as money to be made available in 2003, the 
first quarter of 2003, which would be the last quarter of calendar year 
2002. Had we done that, we would have stretched the payments over the 
normal four quarters of a year. I think we may have been able to solve 
the issue that way.
  Senator Byrd said he would rather proceed with the 2002 bill. It 
does, I might add, have some extra points of order that could have been 
raised against the other approach. So he deferred on that, and we went 
back to the drawing board to see what we could do to deal with the 
problem of the President's position and the position just presented by 
Senator Byrd.
  Let me say, basically, I believe as the future unfolds in this 
country, substantially all of the additional $15 billion that Senator 
Byrd wants to make available will be requested by the administration. I 
will be surprised if they don't request more than that. The problem is, 
how much money should be pushed into the system now?
  We had a bill before the Congress when we first reacted to the events 
of September 11. We were requested to present a $10 billion 
supplemental. Senator Byrd and I had some meetings and we decided that 
ought to go up to $20 billion. While we were working on that, we got 
word that the President had gone into the Rose Garden with some people 
from New York and Virginia and Pennsylvania and agreed it ought to be 
$40 billion. With the leadership of Senator Byrd, we charted through 
the quarters of the legislative process a supplemental providing $40 
billion: The first $10 billion to be available to the President without 
any interference by Congress, the second $10 billion to be available 
after 15 days' notice to the Congress on how the President intended to 
spend it, and the last $20 billion to be available in an appropriations 
bill to be passed by the Congress.
  This bill covers the $20 billion, the last $20 billion of the $40 
billion.
  We have had a great many meetings, hearings, and consultations from a 
vast number of people in the country who believe there should be more 
money available now. Were I President, I think I would agree. But I am 
not President.

  Mr. President, we are at war. We really are at war. We are in a 
period of time where, if we take action to challenge the President now, 
we could well leave an impression, I think, that we do not have 
bipartisan support of the President as Commander in Chief.
  I have changed my position on this matter. I told my friend, the 
chairman of the committee, that I had. I believe we can legitimately 
say that the money we make available now through this bill and through 
the bills that are still pending here: the Labor, Health and Human 
Services bill, the Foreign Assistance bill--before we are through here, 
we will have presented to the administration $375 billion more than is 
available to the Presidency right now.
  The current level of expenditures by the Department of Defense, for 
instance, is based on the year 2000. We have increased that 
considerably. The amount of money available to the President for the 
conduct of the war, really, under the Food and Forage Act--I have to 
explain that. There is an old act that allows the President of the 
United States to spend money to pursue conduct of a war or when there 
are troops deployed, our troops deployed. We saw it in Kosovo; we saw 
it in Bosnia; we have seen it in connection with the activities of the 
alert in South Korea; we have seen it in many instances. This President 
has not used the Food and Forage Act yet, but he could use any of the 
money in this bill to achieve the goals Senator Byrd would achieve with 
$15 billion and come to us later and say, we want the money.
  In any event, beyond that, we have been told there will be--by 
Governor Ridge and by the President himself--there will be a request 
presented to Congress early next year for supplemental moneys for the 
year 2002, to pursue the further activities that are necessary to meet 
the problems of homeland defense and the problems of

[[Page S12516]]

recovery from the disaster of September 11.
  I believe what we have to do is to look again at the $20 billion and 
allocate the $20 billion in a way to make sure there is available now 
enough money to handle at least the first quarter of the next year--
that will be the second quarter of the fiscal year--and then some.
  So what I have done, in an amendment that is now pending, is to 
allocate the $20 billion in that fashion, pursuing, to a vast extent, 
the recommendations of Senator Byrd and his $15 billion additional. The 
amendment before the Senate right now, addressing division B of the 
pending bill, would amend that division B to allocate the $20 billion 
in this fashion: $7.3 billion for the Department of Defense, of which 
we have earmarked $2.3 billion for bioterrorism defense. I emphasize 
that. The Department of Defense should have a great role in the total 
defense of the country. I think bioterrorism is one of the key issues. 
I believe that is one of the key issues of Senator Byrd.
  We allocate $7.05 billion for New York. Of that, $5.05 billion is for 
the FEMA disaster relief; $290 million is for the FEMA Firefighters 
Grant Program; $2 billion is for the Housing and Urban Development 
emergency community development block grant.
  We also allocate $5.65 billion for homeland defense. It is allocated, 
$1 billion for the Department of Justice--that is for FBI, INS, and the 
U.S. Marshals; $400 million more for the Department of Energy for 
nuclear facilities; $256 million for the legislative branch security; 
$800 million for Coast Guard and FAA security which includes $100 
million for more airport security; $50 million for the White House 
security.

  There is $334 million for the Treasury. Again, the Secret Service, 
Bureau of Alcohol, Tobacco and Firearms, and Customs are included in 
that $334 million.
  We have $300 million for food security, $100 million for the Justice 
Department general administration, Patriot Act, which is covered by 
Senator Byrd's proposal; $362 million for the Bureau of Justice 
Assistance, $237 million for State and local law enforcement, $775 
million for Federal antiterrorism enforcement--that is executive, 
nondefense, of which $575 million is for the Postal Service, $100 
million for cyber-security, and $100 million for increased security at 
public events.
  We also add $94 million for NASA and for the National Science 
Foundation security upgrades, and $156 million for the EPA 
Counterterrorism and Anthrax Cleanup Program.
  If one examines this supplemental, one finds that almost every single 
item mentioned by Senator Byrd is covered by our allocations. But they 
are lower. Admittedly, Senator Byrd had $15 billion in two emergency 
sectors. We have eliminated that and moved back into the $20 billion 
and allocated the $20 billion in a way primarily reflecting, to a great 
extent, what the House did. It also reflects to a substantial degree 
what the President originally requested. And it covers basically, as I 
said, all of the items Senator Byrd would cover.
  In the $2.3 billion bioterrorism defense allocation, for instance, we 
have provided money for upgrading State and local capacities, improving 
hospital response capabilities, improving the CDC, starting a national 
pharmaceutical stockpile which includes the purchase and deployment of 
the smallpox vaccine that has already been purchased. That contract has 
already been signed.
  It includes the National Institutes of Allergy and Infectious Disease 
at NIH, one of the signal areas that we must fund. And it has other 
preparedness activities.
  The money for New York is committed to rebuild the infrastructure of 
Lower Manhattan. The FEMA disaster relief includes the $290 million for 
the FEMA Firefighters Grant Program, and it will involve grants to 
local communities to expand and improve firefighting programs through 
the FEMA Firefighters Grant Program. Over 50 percent of the funding 
will go to volunteer fire departments in rural communities.
  We have tracked to a great extent what my friend has done: If you 
look at the money for homeland defense, $1 billion for the Justice 
Department more than they have now in their normal bill which has 
already passed, the State, Justice, Commerce bill. This adds to what 
they already have available, $1 billion for coordination of information 
in the field of FBI--particularly the Trilogy Computer Modernization 
Program. And it does address the INS construction backlog to make sure 
we can take care of the outposts that were mentioned by Senator Byrd.
  There is $40 million for the Department of Energy nuclear facilities, 
which covers, again, really a downpayment on the program Senator Byrd 
announced in that area.
  There is $256 million for legislative branch security. Again, I know 
of no argument about that. There is $800 million for the Coast Guard 
and FAA security. The port security hearing was held today, and this 
includes the port security task force creation to ensure coordination 
of the efforts to protect our ports. It also includes the $100 million 
to add to the moneys we already made available to carry out the new 
requirements imposed on FAA in the airline and airport bills we have 
already enacted into law.

  I could keep on going. It has $300 million for food security to 
increase the number of food inspectors, as Senator Byrd indicated. It 
must be done.
  But I emphasize we can put up the money Senator Byrd asked for. We 
can't find those people in just one quarter. The President's people are 
going to make some further requests. I think what we need to do is make 
sure there is money to meet any of the areas outlined by Senator Byrd 
available now, and see what Governor Ridge and what the President want 
us to do to direct our attention to the future.
  There is no question that the great part of the money must be 
directed towards antiterrorism, and antiterrorism law enforcement in 
particular. The Postal Service very much needs a great deal of money.
  Again, I want to sidetrack. There are major issues involved in where 
we are going now that have to be addressed by legislative committees. 
For instance, the Postal Service told us they had lost over $6 billion 
and they wanted assistance. When we examined it, we agreed we should 
provide some additional money. But we have to have some basic 
consideration of the question of how much of that loss should be paid 
by the taxpayers of the United States and how much should be borne by 
the ratepayers of the Postal Service, an independent entity that is not 
really financed by the Federal Government anymore, except in connection 
with disaster concepts. It may be that we will have to change that 
paradigm. It may be that we should help pay for some of the newer 
equipment that the Postal Service needs in order to prevent future 
disasters such as we had in the handling of the anthrax letters by 
Postal Service employees.
  We also have to urge them to take steps to modernize so the system 
itself does not expose employees to contamination by substances such as 
that sent through the mail. We need to have an inspection system. And 
we need to have a system of treating the mail so it cannot carry these 
infectious diseases.
  What I am saying is, if you examine the amendment I presented as an 
amendment for the Senate to speak out, and say to the administration 
that we have different priorities than have been presented to us 
before, we funded them through at least the first quarter of the 
calendar year 2002. We, of course, have to go to conference with the 
House and meet them in any event, but I think any fair reading of this 
amendment would say this is enough additional money through the use of 
the $20 billion to meet these priorities of the Congress, and we can 
await the request of the President for additional money and at that 
time be part of the process to meet the needs of the future as the 
country changes.

  That would be my last comment to the Senate. We have a great many 
problems that come from the realization we are now exposed to different 
types of disasters. The disaster act that is in place was primarily 
passed at the time when we addressed natural disasters. It is the 
Stafford Act.
  The Stafford Act provides that the Federal taxpayer will replace 
facilities owned by public entities that were destroyed because of the 
disasters such as we saw in New York. It assists local communities in 
replacing streets and

[[Page S12517]]

docks, or whatever, in community-owned utilities, but it doesn't 
replace privately owned utilities. It doesn't replace privately owned 
facilities that went down with the public facilities. Clearly, it 
doesn't even cover the publicly owned building that went up 104 
stories. We don't know.
  We know we have to address that. That is not something we ought to 
address as appropriators. This should be addressed by the legislative 
committees in the Congress responding to legislative solutions that set 
the new guidelines for how we handle disasters caused by terrorism.
  I say to the Senate that I think Senator Byrd has stepped forward and 
offered us a solution to some of those problems by funding them now. 
But I think the Congress should be involved in making those decisions 
as to what we replace.
  Should we replace all of the firetrucks in the country? Should we 
replace only those that come in and qualify for the grants? I do not 
know. I pointed out in committee that we have some of the oldest 
firetrucks in the Nation operating in Alaska villages. They were given 
to those villages at the end of World War II, and they have never been 
able to replace them.
  But the intent is to replace those facilities that were destroyed by 
the disaster or, because of the disaster, have become inoperable. There 
are a couple, by the way, that were destroyed by the fire itself.
  I believe we need to have decisions on a bipartisan basis as to how 
to solve those problems, and to put the money up now would not solve 
the problem. It would create a greater problem of having stepped down 
the road to say we will pay it if anyone comes forward and wants a new 
fire engine. There is not enough money in Senator Byrd's bill to 
replace all the firetrucks in the country. I am sure he would agree.
  On the other hand, we all agree there should be some help for 
communities to modernize their facilities to respond to terrorist 
attacks, and to respond to acts of terrorism of any kind.
  I have to confess that this Senator believes the bioterrorism, 
cyberterrorism, and food security problems are of the highest priority. 
I think the great problem is we need to be able to detect substances 
that are currently undetectable. One physician told me we were lucky 
that the anthrax attack was the first attack because anthrax is 
detectable and it is treatable.
  There are substances that we know exist out there that are not 
detectable, that are not treatable, and they are not curable. We need 
to have research to find out how we can detect them and how we can 
manage them once they are detected.
  We started down that road in the Defense bill itself. There is $100 
million in there for the Department of Defense to continue its studies, 
and expand them in those two areas of detection of these substances 
currently undetectable, and how to treat them once detected.
  Freon disease, for instance, is one of the leading examples of that. 
That is the manifestation of mad cow disease in human beings. We know 
from the experience in Britain that it is not only undetectable, but 
even the people who carry it may not know it for several years before 
it manifests itself in the brain of a human being. Once it does, if it 
comes in contact with any utensils in any facility, those utensils and 
facilities must be destroyed. There is no way to know what portion of 
them are uncontaminated. You must destroy everything that comes in 
contact with it.
  That is why much of the great disaster took place in England in the 
past. We should join the international effort in that regard. Our bill 
starts us down that line.
  I have spoken longer than I intended to speak. But let me now address 
the problem we face.
  There are people on our side of the aisle who prepared a chart of the 
problems that this bill faces in terms of points of order. Senator 
Byrd's two provisions that would add the emergency money in division C 
of this bill are subject to points of order. They could be waived by 60 
votes. The basic bill itself that came over from the House to the 
Senate is subject to a point of order. The House waived that point of 
order. We, similarly, could waive it, or we could ignore it here.
  There is also the point of order that comes out of the 1996 Budget 
Control Act which imposed a limit upon us of the amount of money we 
could spend in the year 2002. Since the year 1999, that has been waived 
to a certain extent, but we, through that process, came to a balanced 
budget. I thought we did a very good job. The balanced budget now is 
disappearing because of the semicollapse of our economy through the 
recession and our ability to recover from the terrorist acts and 
prevent further ones.
  What I am saying right now is we have to waive the Budget Control 
Act; in effect, lift the caps. We have done that in section C of this 
bill. Senator Byrd's version puts it right in the bill. If we vote 
that, that lifts those caps.
  But there is at least three, maybe four other points of order 
involved here that once we get into, if we are divided on a partisan 
basis--it looks as if we might be--there is no way out.
  I have offered this compromise for the Senate itself to speak out and 
say, let us settle this now and give the administration enough money to 
do what we think they should do through the first part of next year. 
And let us come back and respond to the President's request for a 
supplemental when we get back here next year.
  Mr. President, I am not the Parliamentarian my friend is, but I can 
say, from my study of this bill, there is no way out if we have a point 
of order and a motion to waive and that motion is not carried. It does 
not appear that any of those points of order would be waived by the 
Senate, according to my understanding of the situation now.
  My amendment takes us around those. My amendment says, let's set 
aside the $15 billion. We deal with about half of it in the $20 
billion, and we move on to next year and the request from the 
President, and we do not have this collision. And we also--I am back 
where I started--do not leave the impression that a Senate that wants 
to provide bipartisan support to the Commander in Chief at a time of 
war is insisting upon doing what he says he does not want us to do.
  I do not argue with my friend from West Virginia at all about the 
items he says must be covered sometime in connection with the recovery 
from this disaster. On how far we go on some of them we might have 
disagreement, such as firetrucks or what is covered in public 
facilities and what not. But the necessity for more money than the $40 
billion is now apparent to everybody, even from the comments Governor 
Ridge has made as head of our home defense organization.
  So I say to my friend once again, I am sad to be in this position. I 
really am because the Senator knows--and we worked on some of these 
figures--I believe the needs are there. And I believe the needs will 
have to be met sometime in the future. But I would rather give the 
money now to initiate meeting those needs and determine the extent to 
which we will meet the needs, and which we will actually want to meet, 
and which we will set aside and say are the responsibility of 
ratepayers or local governments or States.
  My friend from Hawaii and I are from the generation of which 
President Kennedy was a part. As I sat here this afternoon, I was 
thinking about his comment at his first inauguration: Ask not what your 
country can do for you. Ask what you can do for your country.
  If the things we worry about today would be worried about by every 
American, if every American would really take on the job of watching 
for those erratic people who are part of a conspiracy plot, if every 
American would come forth and assist the Government, volunteer to 
provide help to people who need help now, our job, using the taxpayers' 
money, would be substantially reduced. I think that will come as we, 
more and more, live up to our current slogan that we stand united.
  I would prefer to see the Senate stand united and adopt my amendment, 
move on this bill, and take it to conference. We will be in conference 
Monday if this amendment passes. We will still be arguing about points 
of order next Friday if it does not.
  I hope I have offered an honorable solution to the conundrum I see 
the Senate facing. I plead with the Senate to act in a bipartisan way 
and to tell the President: There are some priorities we want you to 
follow. Follow them within the first $20 billion, if you disagree with 
the $15 billion that Senator Byrd

[[Page S12518]]

seeks--which he does; we know he does--but, meanwhile, be assured when 
we come back next year, we are going to make certain that the 
supplemental that is requested will cover the needs of the country with 
regard to protection against terrorism.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Carper). The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, at the outset, I commend the Senator from 
Alaska for the compromise amendment which he has proposed, I commend 
the Senator from West Virginia for all he has done to focus attention 
on the important problems of the nation on homeland security, and I 
admire his stamina on the presentation of a very extensive floor 
statement.
  I support and cosponsor the Stevens amendment. I divide my reasons 
into three categories: First, I believe there is sufficient funding to 
take care of the homeland security needs of America. Second, I think it 
is very important there be unity between the Congress and the President 
now as we fight the war against terrorism and have a major aspect of 
that war on homeland security. Third, I think it is very important the 
Senate act without having a stalemate and a gridlock, which is where we 
will be heading if we do not find a compromise, such as the compromise 
proposed by Senator Stevens.
  The reason there would be a deadlock is that for Senator Byrd's 
proposal to be adopted by the Senate, there will have to be 60 votes. I 
believe there is agreement there are not 60 votes present to have 
Senator Byrd's proposal passed by the Senate. Then the sequence which 
would follow would be virtually interminable.
  We are facing a situation where it is now December 6. Who would have 
thought we would be here this late with all the expectations of 
finishing at least by the end of October or before Thanksgiving? 
However, here we are. We now face a continuing resolution which is 
going to run until a week from tomorrow, the 14th. Beyond that, there 
will be a continuing resolution until January 3, if we do not resolve 
this issue and the matter of the stimulus package.
  These important items on homeland security should be advanced with 
the necessary funding on an appropriations bill, which could go through 
the conference and get to the President's desk next week so these 
important problems can be addressed.

  Most fundamentally, the substitute bill proposed by Senator Stevens 
provides the necessary funding. The subcommittee, which I had chaired 
for 6\1/2\ years and of which I am now the ranking member, has the 
appropriations responsibility for the Department of Health and Human 
Services. Senator Harkin, who is now the chairman, and I moved ahead 
very promptly to address these bioterrorism threats.
  Senator Harkin and I have worked on a bipartisan basis on that 
subcommittee, I think, to the benefit of the country. I found a long 
time ago in my Senate service, if you want to get something done in 
Washington, you have to be willing to cross party lines. Senator Harkin 
and I have done that. We have held a series of hearings on these issues 
to find out what is necessary for funding on bioterrorism. We had our 
first hearing on October 3, our second hearing on October 23, and our 
third hearing on November 29.
  In the hearing on October 3, the Secretary of Health and Human 
Services testified that he believed we were able to handle all of the 
problems of bioterrorism in America. He had made a statement on ``60 
Minutes'' to that effect. A number of us raised questions--that we 
really were not at that point yet, and that it was not helpful to make 
such a statement.
  Senator Byrd, who attended the hearing, in a very direct and emphatic 
way, threw up his arms and said, ``I do not believe you.'' From that 
session we have moved ahead to push the Department of Health and Human 
Services to find ways to provide for antibiotics on anthrax. The 
Secretary signed the contract to provide Cipro. Then we had the hearing 
on October 23 and the issue was raised about where we stood on 
smallpox. The experts from the Centers for Disease Control and the 
National Institutes of Health said we should not be prepared to 
inoculate Americans, that we had 15 million smallpox vaccinations, and 
that those vaccinations could be diluted 5 times to 75 million.
  In an exchange I had with Dr. Fauci of NIH, the discussion focused on 
whether it was the Government's responsibility to have sufficient 
vaccines so that people could make the choice themselves. I asked Dr. 
Fauci what the risk factor was. He said it was one to six out of a 
million.
  I said considering that smallpox had failed, my preference would be 
to see my grandchildren vaccinated. Before we finished the discussion, 
Dr. Fauci agreed that he would like to see his grandchildren 
vaccinated.
  The point is that as a result--I think fairly stated, as a result of 
this press--the Secretary of Health and Human Services has entered into 
contracts which will provide enough vaccines to take care of almost all 
of America, and not years down the line but by next September, so that 
we have moved ahead.
  Then, in our hearing on October 3, Senator Harkin and I pressed the 
Centers for Disease Control to give us a list of all the bioterrorist 
threats and to tell us what it would cost to meet the bioterrorist 
threats. And as usual, there was problems with the CDC getting 
clearance from HHS and getting clearance from OMB. By the time you work 
through the alphabet soup in Washington, it is very difficult to get 
anything done. However, we finally found out. When they testified on 
November 29, they testified in a very careful way to say that it was 
not an administration request, but it was their professional judgment 
as to what was necessary to take care of our bioterrorist threats.

  As a result of what Senator Byrd did in his questioning of Secretary 
Thompson and what Senator Stevens did--even though they are the 
chairman and ranking member of the full committee, they attended these 
hearings--we have been able to push up the funding far from what the 
administration requested, which was $1,445,000,000, so that we now 
have, under Senator Stevens' amendment, $2,300,000,000.
  When you take the $338 million which is now in the bill for Health 
and Human Services, the total funding comes to $2,638,000,000, which I 
believe to be adequate.
  When a group of Senators met with the President in his living 
quarters about 10 days ago, we had a conversation about bioterrorism. 
There was a discussion as to a downpayment. I made the point that we 
could not deal with a downpayment, that when there was talk about 
putting this in next year's budget, it wasn't right. Simply stated, 
that was too late.
  I do not speak for the President. I am a Senator and work under the 
separation of powers. However, I had the sense that the President was 
sympathetic to the view, although I explicitly say he did not say so.
  We are giving the President more money than he had asked for, but I 
believe he will sign the bill with the amendment offered by Senator 
Stevens.
  We face a very difficult time internationally, as everyone knows. The 
terrorist attack on the United States on September 11 was the most 
brutal, inhumane, barbaric act in human history, sending airplanes 
loaded with fuel as deadly missiles into the World Trade Center in New 
York killing thousands of people. Also, a plane crashed into the 
Pentagon killing more Americans, hundreds more. I believe the plane was 
headed to the White House. That plane's wings were perpendicular. This 
plane did not sink to crash into the Pentagon. That plane crashed into 
the Pentagon because it could not go any further. It was on a direct 
line for the White House.
  The plane which crashed in Somerset County, PA, I believe, was headed 
for the United States Capitol. Senator Santorum and I visited the crash 
site, and no one will ever know for sure, but we do know from cellular 
phone conversations that passengers on that plane fought with the 
terrorists and brought down the plane.
  There have been three alerts, and there is no doubt of the tremendous 
concern in America that there be adequate funding for homeland 
security. I believe the bill, the substitute which Senator Stevens has 
offered, gets that job done.
  There is the bioterrorism funding of $2,300,000,000, which, when 
added to the existing $338 million, brings the figure

[[Page S12519]]

to $2,638,000,000. There is funding for New York, since the commitment 
was made by the Congress.
  There is funding for the FBI, Immigration and Naturalization Service, 
and the U.S. Marshals Service; for security for nuclear facilities; for 
additional security for the legislative branch, the Coast Guard, the 
Federal Aviation Administration, the Secret Service, the Bureau of 
Alcohol, Tobacco, and Firearms, and the U.S. Customs Service; and food 
security; and on and on and on--postal security, cyber- security 
programs, etc.

  Right now, the President of the United States has provided much 
needed leadership for the free world. The President has said he will 
veto the bill if it has the extra $15 billion in it. I think it would 
be calamitous if the Congress of the United States submitted a bill to 
the President in the face of that expressed veto threat, and then the 
President vetoed it. There is no doubt about his determination. I saw 
blood in his eyes when he said that to a group of visiting Senators.
  It would be a sign of disunity between the President and the 
Congress, which would have a devastating effect on our war effort 
against terrorism. It simply ought not to happen. In my 21 years here, 
I have been party to a lot of conferences. When we have had a threat 
from the President for a veto, we acknowledge that there is time for 
compromise.
  My distinguished colleague, Senator Stevens, has given me the audible 
to abbreviate, so I shall do that, although there is quite a bit more I 
would like to say. I will conclude with a comment about the 
desirability of not having gridlock in the Senate.
  When the stimulus package came up, it was a party-line vote. I think 
America is sick and tired of bickering on party lines and on 
partisanship. I believe that if we divide on party lines again, it will 
be bad for this institution and bad for the war on terrorism and bad 
for the funding which we need now to fight the war against 
bioterrorism.
  It is my hope that we will find a bipartisan resolution here. I 
concede it is not quite as much money, but the President is the leader. 
He has asked for an opportunity to present to Congress the funding 
which he and his Director of Homeland Security believe to be adequate. 
The Congress has rejected the notion of waiting until next year. I 
believe the President will respect the accommodation, the compromise 
which we have made. It is my hope that we can come together.
  There is legislative anarchy and legislative chaos if the Stevens 
compromise amendment is not enacted and if, instead, we are left to the 
points of order where nothing will be accomplished, and we will be 
returning here in January without having completed our work and without 
having appropriated funds necessary now. These funds can be made 
available next week with a bill signed by the President if we come 
together on a bipartisan basis and adopt the Stevens compromise.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, it is my desire to start the process of 
having some of the votes that I have indicated must be encountered.
  It would be my intention to now raise a point of order against the 
two emergency designations set out in division C of the committee-
reported amendment as prepared by Senator Byrd.
  Mr. SPECTER. Will the Senator yield for a question? Does the Senator 
not intend to press for a vote on the Stevens amendment first?
  Mr. STEVENS. It has been requested we now proceed with the point of 
order and then proceed with the vote on my amendment following that, if 
it is possible to do so. There is still other debate to be heard, I 
think, on my amendment.
  Mr. SPECTER. I thank the Chair.
  Mr. HARKIN. Parliamentary inquiry, Mr. President.
  The PRESIDING OFFICER. The Senator from Alaska has the floor.
  Mr. SCHUMER. Will the Senator yield?
  Mr. STEVENS. I will yield for a parliamentary inquiry, provided I do 
not lose my right to the floor to make my point of order.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Iowa seeks recognition, and the Senator from New York 
seeks recognition. The Senator from Iowa.
  Mr. HARKIN. Parliamentary inquiry: The Senator would like to know 
exactly what the situation is at this time. This Senator has been 
waiting to speak on the amendment offered by Senator Stevens. What is 
the present situation on the floor?
  The PRESIDING OFFICER. At the present time, there is a first-degree 
amendment offered by the Senator from Alaska to the committee 
substitute reported with the bill.
  Mr. STEVENS. Mr. President, as I understand it, if I set that aside 
and make the point of order and have the vote on that, then we will 
come back to my amendment after that vote.
  Mr. SCHUMER. Parliamentary inquiry, Mr. President.
  The PRESIDING OFFICER. Will the Senator from Alaska yield to the 
Senator from New York?
  Mr. STEVENS. I yield for a parliamentary inquiry.
  Mr. SCHUMER. Will the good Senator from Alaska answer two questions? 
Are they two separate points of order or one point of order against 
both provisions?
  Mr. STEVENS. The way my motion is worded, I am raising a point of 
order against the two emergency designations in division C, and I am 
trying to get those two issues settled at one time.
  Mr. SCHUMER. I presume that point of order is debatable.
  Mr. STEVENS. The motion to waive is debatable.
  The PRESIDING OFFICER. The point of order is not debatable. The 
motion to waive is debatable.
  Mr. SCHUMER. I thank the Senator.
  Mr. STEVENS. I will be happy to yield to the distinguished chairman 
for a question.
  Mr. BYRD. Might we have a quorum call?
  Mr. STEVENS. May we have a quorum call and I will regain the floor 
when we come back?
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Under that circumstance, I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent that I be able to 
yield to Senator Byrd so he might make a response to my statement on my 
amendment and that I regain the floor after Senator Byrd has finished 
his statement on my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from West Virginia.
  Mr. BYRD. Mr. President, I do not envy myself for being in the 
position in which I find myself. Senator Stevens is a Senator who can 
say no and make you like it--almost. He is always so gracious. I have 
heard a lot about his renowned temper. I have seen it at work, but he 
does not lose his temper. He uses his temper and is always, as I have 
witnessed over several decades, one of the most reasonable individuals. 
So I do not like to be in a position of being opposite to Senator 
Stevens.
  While discussions are going on, let me attempt to point out some 
flaws of the amendment by Mr. Stevens. The substitute amendment reduces 
the amount of money available to the Office of Domestic Preparedness, 
ODP, to $362 million, a $138 million reduction. That is a 39-percent 
reduction from the bill, as reported, for State and local law 
enforcement antiterrorism equipment and training.
  The Office of Domestic Preparedness estimates there is currently no 
State that is adequately equipped to respond to an incident involving a 
weapon of mass destruction at the State or local level.
  Texas, identified as one of the best prepared States, has conducted a 
study that shows that $159 million in equipment would be needed to 
bring the State to the minimum level needed to adequately respond to a 
terrorist incident. In fact, ODP, the Office of Domestic Preparedness, 
estimates funds needed to bring the Nation's State and local 
governments up to minimum standards

[[Page S12520]]

could well exceed $2 billion in fiscal year 2002 alone. Thus, the 
reduction proposed by the substitute amendment is equivalent to the 
level of funding needed to bring Texas up to minimum standards.
  There are currently over 9 million first responders in the United 
States who would be called upon to respond to a terrorist incident. To 
date, the ODP has been provided with training funds that have allowed 
them to train only 80,000 of the 9 million first responders nationwide.
  The bill as reported attempted to more than double the population 
trained to date. The substitute amendment's reduction in funding 
jeopardizes our efforts to provide the individuals on the front lines 
with the training necessary to protect their own lives, as well as the 
lives of victims.
  Furthermore, the amendment by Mr. Stevens reduces the $300 million in 
the committee bill for FEMA for gathering grants by $10 million; $300 
million in the committee bill is reduced by $10 million.
  As to Federal antiterrorism law enforcement, the substitute amendment 
cuts $100 million in the homeland security bill to cover the costs of 
the FBI's investigation of the terrorist attacks on September 11. These 
funds are critical to the investigation of the attacks from September 
11 and the anthrax attacks.
  The substitute amendment cuts $25 million from the homeland security 
bill for the FBI's Trilogy, the computer modernization program. This 
$25 million will significantly accelerate the completion of Trilogy.
  The September 11 attacks have exposed the vulnerability in the 
integration of the FBI's computer system. While FBI agents in the field 
are working around the clock collecting evidence and clues, their 
reliance on paper files leaves their work fragmented and uncoordinated. 
It will only be when FBI agents are linked by the Internet to one 
another and the universe of law enforcement agencies, that the FBI will 
actually know what it and others know about terrorism, espionage, or 
organized crime.
  Without these additional funds, deployment of Trilogy may be delayed 
and these unacceptable problems will continue to exist.
  The substitute amendment cuts $25 million included in the Homeland 
Security bill for counterterrorism equipment and supplies. These funds 
are essential for the FBI to have the resources they need to properly 
investigate the terrorist attacks on September 11, 2001 and the 
following anthrax attacks.
  With reference to Border Security the substitute amendment cuts over 
$270 million in funding for the Customs Service. This will prevent 
Customs from hiring the necessary inspectors and agents to protect our 
borders.
  On Monday, the Attorney General essentially called out the National 
Guard to assist the Border Patrol and INS in their duties on the 
northern border. Treasury has not taken the same steps, yet has pulled 
personnel from the over-worked posts on the Southwest border to staff 
one-person posts on the northern border. They even eliminated funding 
for added inspectors on the Southwest border.
  This delay places $7.5 billion in international commerce at risk 
daily; $1.3 billion of which crosses the northern border. Instead of 
providing additional people to protect our borders, it will continue 
our short-sighted reliance on orange rubber cones to stop terrorists.
  The substitute amendment cuts $300 million for INS construction that 
is funded in the homeland security bill even though there is an ever-
growing overcrowding crisis at the INS.
  For example:
  Of 85 outposts across 9 sectors on the southwest border, 63 are 
overcrowded, some grossly so. The worst, a station in Mercedes, TX, was 
designed for 13 agents but currently houses 142, more than 1,000 
percent its rated capacity.
  In total, there are 10,150 agents working in office space designed 
for a capacity of 5,831 on the southern border. There are 525 agents 
working in office space designed for a capacity of 469 on the northern 
border.
  The substitute amendment makes the same mistake made with the 
southern border over the past several years. We are building up 
agents--300 inspectors and 100 Border Patrol agents--but we are not 
providing the necessary funding to address necessary space requirements 
for them to do their job efficiently and professionally.
  The risks to the safety of agents cannot be overemphasized and 
appalling work conditions will do nothing but contribute to the Border 
Patrol's soaring attrition rate.
  This $300,000,000 is only the beginning to truly address the enormous 
backlog with INS construction projects.
  Now, we have heard a lot about airport security.
  The bill reported by the committee included $200 million to assist 
the neediest airports in meeting the costs of the dozens of new safety 
directives issued by the FAA since September 11. The Stevens amendment 
cuts that figure in half.
  Senators should ask their small- and medium-sized airports whether 
all this money is needed. Airport revenues are dropping drastically at 
the same time as the airports are being required to triple their law 
enforcement expenditures and security personnel.
  The Stevens amendment actually cuts the President's request to better 
secure cockpit doors by more than 20 percent.
  Senators should not be confused by recent announcements that the 
airlines have reinforced all their aircraft. All the airlines have done 
to date is install a temporary metal bar and a cheap deadbolt.
  The money in the President's request for FAA operations is to install 
the next generation of truly impenetrable cockpit doors. The Stevens 
amendment cuts it by more than 20 percent.
  As for the nuclear power plants, the amendment by Mr. Stevens 
proposal cuts $86 million from the $285 million provided for enhanced 
protection of our Nation's nuclear weapons plants and laboratories.
  The amendment by Mr. Stevens also cuts $131 million from the $286 
million provided for the acquisition and safeguarding of fissile 
nuclear material from Russia and states of the former Soviet Union.
  The non-proliferation programs at the Department of Energy are the 
cornerstone of our Nation's effort to keep nuclear material out of the 
hands of terrorists.
  The Stevens proposal cuts all funding--$139 million--for enhanced 
security at Army Corps of Engineers owned-and-operated facilities: 
ports, dams, and flood control projects nationwide.
  Additionally, the proposal cuts all funding--$30.259 million--for 
increased security at Bureau of Reclamation facilities.
  It funds only the GSA request for security of Federal buildings in 
New York City. It fails to provide similar security for other Federal 
buildings elsewhere in the country.
  How about U.S. port security.
  The Stevens amendment then goes further by eliminating two-thirds of 
the funding for marine safety teams to permanently protect our ports.
  Under the Stevens amendment, there will only be one such team to 
protect all the ports on the East Coast and one team to protect all the 
ports on the West Coast.
  The substitute amendment reduces funding for the port security 
initiative through the Maritime Administration by $12 million.
  These reductions would eliminate funding to assist local ports in 
their efforts to purchase security equipment such as fences, 
surveillance cameras, and barriers.
  Effective physical security and access control in seaports is 
fundamental to deterring and preventing potential threats to seaport 
operations, and cargo shipments.
  Securing entry points, open storage areas, and warehouses throughout 
the seaports, and controlling the movements of trucks transporting 
cargo through the seaport are all important requirements that should be 
implemented. They will not be implemented under the substitute 
amendment.
  United States seaports conduct over 95 percent of United States 
overseas trade. Seaport terrorism could pose a significant threat to 
the ability of the United States to pursue its national security 
objectives.
  The amendment by my friend would cut the President's request for 
defense programs by $2.3 billion.
  Let me say that again. The substitute amendment by Mr. Stevens

[[Page S12521]]

would cut the President's request for defense programs by $2.3 billion. 
While the amendment has no detail, the cut would need to come from 
either classified programs or force protection programs designed to 
improve security for our forces around the world.
  As to the Postal Service, my friend's amendment would cut $300 
million from the $875 million in my proposal to sanitize the mail, 
protect postal employees, rebuild the facilities lost in New York City. 
The U.S. Postal Service identified $1.1 billion in unfunded needs. This 
proposal cuts that amount in half.
  My friend's amendment to my amendment cuts $29 million from the EPA 
for bioterrorism response and investigation teams. This would undercut 
EPA's ability to respond to, investigate, and clean up after acts of 
bioterrorism.
  My friend's amendment does this. The President promised New Yorkers 
they would get $20 billion to help them recover from the September 11 
attacks. My amendment fulfills the President's promise. My amendment 
fulfills our commitment. I did not go to New York, but I saw enough on 
television. I did not go up there and make any promises. I stayed here 
and made my promise, and I am living up to that promise.
  So the substitute, I am sorry to say, cuts funds for New York and 
other communities directly impacted by the attacks by over $9.5 
billion. Here are some examples:
  FEMA disaster relief, which funds debris removal at the World Trade 
Center site, repair of public infrastructure such as the damaged 
subway, the damaged PATH commuter train, all government offices and 
provides assistance to individuals for housing, burial expenses, and 
relocation assistance, is cut--cut--by $8.6 billion.
  And $100 million for security in Amtrak tunnels is eliminated. 
Eliminated.
  Funding of $100 million for improving security in the New York and 
New Jersey subways is eliminated by my friend's amendment.
  As to New York/New Jersey ferry improvements, $100 million for 
critical expansion of interstate ferry service between New York and New 
Jersey is eliminated by my friend's amendment. Prior to the September 
11 attacks, 67,000 daily commuters used the PATH transit service that 
was destroyed.
  Those commuters are trying to get to our Nation's financial center in 
lower Manhattan. The communities in the New York region have been 
piecing together temporary ferry and train service using facilities 
that are not even safe to transport these commuters. The train riders 
at alternative train stops are so crowded, the police authorities are 
concerned with passengers being pushed off the platform onto the 
tracks. Yet the amendment proposed by Mr. Stevens eliminates all this 
funding for transit and ferry assistance in that region.
  And $140 million is eliminated to reimburse the hospitals in New York 
that provided critical care on September 11 and the weeks and months 
that followed.
  Mr. President, $175 million is eliminated that would help New York 
process workers compensation claims for the victims of the September 11 
attacks.
  As to Federal facilities, $16 million is eliminated for the costs of 
keeping Federal agencies operating that were in the World Trade Center, 
such as the Social Security Administration, the Occupational Safety and 
Health Administration, the Pension and Welfare Benefits Administration 
and the National Labor Relations Board.
  Ten million dollars is eliminated that would help New York schools 
provide mental health services to the children of the victims of the 
World Trade Center bombing.
  Hear me. Hear me, Governor of New York Pataki. He came to my office. 
He sat down at the table across from me, and he made his plea for help. 
I am trying to help him. Yet $10 million is eliminated that would help 
New York schools provide mental health services to the children of the 
victims of the World Trade Center bombing.
  The Stevens compromise is $174.4 million less than the Senate 
committee bill for the District of Columbia.
  I will soon close my remarks. Before doing so, let me call attention 
to a cut in bioterrorism activities by over $1 billion. The amendment 
by my friend, Mr. Stevens, would cut bioterrorism activities by $1.025 
billion. It would cut in half funds from $1.15 billion to $500 million 
for upgrading our State and local public health infrastructure funds, 
desperately needed to help upgrade State and local lab capacity, to 
enhance surveillance activities, support local planning for 
emergencies, and improve local communications systems.
  Recent events have made it clear that the State and local public 
health departments have been allowed to deteriorate. The head of the 
CDC, Mr. Jeffrey Koplan, testified only last week that at least--at 
least--$1 billion is needed not next spring, not next summer, not in 
the next supplemental, but now, immediately, to begin to upgrade our 
State and local health departments. That is the head of the CDC 
talking.
  It cuts all funds provided in our proposal for the deployment of the 
smallpox vaccine across the country. This vaccine does no good if it is 
all at the CDC, with no plans for distribution if an emergency occurs.
  He cuts funding for CDC capacity improvements by $57 million. 
Recently the Los Angeles Times reported that four men in Georgia were 
discovered to have contracted the West Nile virus 3 months earlier. The 
delay in the diagnosis was due to the large backups at the CDC labs. 
This cannot continue.
  The people of the Nation cry out for help. They are concerned about 
the safety of their children, the safety of their wives, their mothers, 
their husbands, their fathers. They are concerned about the possible 
loss of life that might be visited upon them tonight, this very night.
  So I had three goals in the committee bill. Let me repeat them.
  One goal is to fully fund the President's request for defense--he 
would get every penny--$21 billion for defense. Nobody can say that 
this impedes or impinges upon the needs for defense.
  Second, my proposal fulfills the promise of $20 billion for New York.
  Also, my package responds to the vulnerabilities in our homeland 
defense.
  Lastly--I would much prefer to be on the side of my friend than to be 
opposite him--my friend's substitute does not meet any of these 
objectives.
  I yield the floor. I thank my friend for his courtesies.


                     AMENDMENT NO. 2243, WITHDRAWN

  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Madam President, I shall read and reconsider the 
substitute based upon the Senator's detailed objections.
  I withdraw my amendment.
  Pursuant to section 205 of H. Con. Res. 290, the fiscal year 2001 
concurrent resolution on the budget, I raise a point of order against 
the two emergency designations set out in provision C of the committee-
reported amendment.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from West Virginia.
  Mr. BYRD. Madam President, I move to waive section 205 of H. Con. 
Res. 290 of the 106th Congress for the consideration of the emergency 
designation on page 397, and I move to waive section 205 of H. Con. 
Res. 290, 106th Congress, for the consideration of the emergency 
designation on page 398, and I ask that the motion be divided.
  The PRESIDING OFFICER. The Senator has the right to divide the 
motion.
  Mr. BYRD. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  This will be on the first division.
  There appears to be a sufficient second. There is a sufficient 
second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, there has been a vote ordered on both 
motions to waive; is that right?

[[Page S12522]]

  The PRESIDING OFFICER. Only the first division is pending at this 
time.
  Mr. REID. I ask for the yeas and nays on the second.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is the order to so request.
  Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. REID. Madam President, I ask unanimous consent that there be 60 
minutes for debate with respect to the motions to waive, with the time 
equally divided and controlled between Senator Byrd and Senator Stevens 
or their designees; that upon the use or yielding back of time, without 
intervening action, the Senate proceed to vote with respect to the 
motions to waive. I further ask unanimous consent that--I have checked 
with Senator Byrd on this--Senator Schumer and Senator Clinton each be 
recognized for 5 minutes out of the time of Senator Byrd.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Madam President, I yield 5 minutes to the senior Senator 
from New York.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. I thank the Senator from West Virginia for his 
leadership. I know he will address the homeland security part of the 
debate so well, I will talk about the New York part of the debate, as I 
know my colleague, Senator Clinton, will.
  We are about to experience one of the most incomprehensible and 
inexplicably absurd moments in the entire history of this body. We are 
going to debate and vote upon whether what happened in New York on 
September 11 was an emergency. Think about it. We are debating whether 
what happened in New York on September 11 is an emergency. Some are 
saying it is not an emergency. Ask the thousands of families who lost 
loved ones as the Twin Towers collapsed. Ask the firefighters and 
police officers, emergency rescue workers who worked so valiantly, many 
giving their lives to rescue those in the Twin Towers. Ask the 
hospitals that extended themselves in ways they never had to before. 
Ask our mayor, a hero in America. Ask our Governor. If there was ever 
an emergency that affected the United States and certainly affected New 
York, it was this. Yet now we are debating whether this was an 
emergency.
  New York desperately needs the money that Senator Byrd has allocated 
in his bill. When Senator Clinton and I visited the White House and the 
President committed to help us with $20 billion, it was an act of 
generosity. It was an act of understanding that you don't divide 
America in a time of need. It was an act that said we are all one, and 
when one part of America is wounded and hurt and crying, all of America 
comes to its aid.
  The proposal by the Senator from Alaska puts less money in for New 
York than either the President did when he committed to us or even that 
the President argued for in the House bill. That is not a way to heal 
our country. That is not a way to restore our Nation's greatest city. 
That is not a fair thing to do.
  Every day we learn of new needs and new hurt in New York. The amount 
of money proposed in this bill helps us begin to recover. It helps the 
families who have lost loved ones. It helps the office workers who have 
lost their jobs. It helps the small businesses that are about to go 
under because they don't have anybody there to buy their wares. It 
helps the large businesses that lost so much space, 20 million square 
feet of space. It helps us restore our transportation system so 
damaged.
  To now say that we don't have an emergency is almost as if to say 
what happened on December 7, 1941, was not an emergency. What kind of 
world are we living in? How can we contort ourselves in a political 
knot and deny what is obvious to everyone on this planet, American and 
otherwise? In an effort to deny New York badly needed funds, we are now 
attempting to vote away an emergency designation.
  In my years here in the Senate, I have voted for emergencies such as 
earthquakes and floods. I have voted for all kinds of money for such. 
Now an emergency has struck my city, a horrible, fiendish emergency 
caused by diabolical people from halfway around the globe.
  America, my friends in the Senate, we need your help. We desperately 
need your help. Please, do not turn your back on us. Do not turn your 
back on us in our hour of need. Bring America together. Unite and help 
us heal by supporting Senator Byrd's proposal, by voting against 
Senator Stevens', on its face--with all due respect--absurd proposal 
that New York is not in an emergency situation.
  If New York and if all of America--because the attack on New York was 
an attack on America--ever needed you, it is now. Do not let other 
types of considerations get in the way.
  I yield the floor.
  Mr. BYRD. I yield 5 minutes to the distinguished Senator from New 
York.
  The PRESIDING OFFICER. The Senator from New York.
  Mrs. CLINTON. Madam President, I rise to once again remind us what an 
emergency looks like. I have, over the past 25 years, visited the sites 
of tornadoes, hurricanes, floods, earthquakes, the Oklahoma City 
bombing. I have never seen anything in my life like what I saw in New 
York City on September 11. The television and the pictures didn't do it 
justice. I had to see it with my own eyes on September 12.
  I rise to join my colleague who has, with me and so many others, been 
working to recover from this, this picture of devastation and 
destruction. I remind my colleagues of those early pictures of the 
firefighters, the police officers, and the emergency response teams 
coming out of the dust, the black soot that covered them from head to 
toe. There were a lot of very kind words spoken, a lot of applause and 
cheers for our soldiers on the front line at home who ran toward danger 
and saved countless lives.

  It is hard to imagine that we are having this debate. It is 
especially hard when we look back, as I did, at how this body responded 
to the emergencies that were not man-made but naturally occurring, and 
what happened in Oklahoma City.
  We know we are going to have a long struggle ahead to recover and 
rebuild. New York is taking on that obligation and challenge. But we 
also know we cannot do it without America's help.
  This is America represented in this Chamber tonight. When New York 
City was attacked, America was attacked. I cannot imagine us ever 
turning our faces away from this. In fact, we did not. We immediately 
moved to appropriate money to be spent for New York. Right now, we are 
fighting for the emergency designation that will put that money in the 
pipeline, that will make it available.
  Why is that important? It is important because in every disaster--
there are some former Governors in this body, and I have spoken to a 
few of them tonight--when States were flooded, when the hurricanes 
came, when the tornadoes came, they wanted that money as soon as 
possible to begin to put it to work, to start letting the contracts, to 
start paying back the overtime so they did not have to run in the red, 
as we are having to do throughout New York.
  I went back and looked at how fast money got out in other emergencies 
compared to the amount of money that was eventually delivered.
  In the Midwest floods, within 3 to 4 months more than 40 percent of 
the dollars from the Federal Government had been appropriated. With the 
Northridge earthquake, more than 30 percent of the dollars had been 
appropriated within 26 days. Ninety-nine days after the Oklahoma City 
bombing, more than 40 percent of the money that went to help the people 
of Oklahoma had been appropriated. Eighty-five days after the attacks, 
we are fighting over whether or not what happened in New York on 
September 11 was an emergency.
  I remember what people said in the immediate aftermath. We were given 
enormous support.
  ``We will rebuild New York City,'' said President Bush on September 
21.
  ``We will come back to New York again to see this town rise from the 
ashes that we saw today,'' Speaker Hastert.
  ``We are here to commit to the people of New York City and New York, 
regardless of the region of the country that we come from--and the 
entire

[[Page S12523]]

country is represented by this delegation--that we will stand with 
you.'' Senator Lott.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mrs. CLINTON. I ask unanimous consent for 1 more minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. CLINTON. Madam President, on behalf of not just New York--let's 
not look at it abstractly as just the big State and the big city that 
we are. I want everyone to picture the faces of those firefighters, 
police officers, and emergency workers, and then I want everyone to 
think about the widows and the orphans. Our country was invaded, and 
under the Constitution, we owe, as a nation, the protection and 
certainly the support of this body for which we are fighting tonight. I 
hope that what is an emergency will be voted as such this evening.
  Thank you, Madam President.
  The PRESIDING OFFICER. Who yields time?
  Mr. CONRAD. Madam President, I ask for 2 minutes.
  Mr. BYRD. I yield 2 minutes to the Senator.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. CONRAD. Madam President, I rise as chairman of the Senate Budget 
Committee to point out that while our Republican colleagues are 
opposing $15 billion to strengthen our defenses and to rebuild what has 
been destroyed in the sneak attack on this country--they argue that 
this will add deficits--at the very same time, they are proposing an 
economic stimulus package that adds $146 billion of deficits over the 
Democratic stimulus plan over the next 3 years, 10 times as much in 
deficits in their economic stimulus plan than the $15 billion that 
would be used to strengthen homeland security and to rebuild the 
devastation in New York. Something does not make sense.
  In their stimulus package, they have $25 billion, as the New York 
Times pointed out this morning, that would simply go to help the 
biggest corporations in America avoid taxes altogether.
  They argue: No, no, go slow, the President might veto. Nobody argued 
go slow when we counterattacked those who attacked America. Nobody 
argued that we ought to go slow when the President went to New York and 
promised to rebuild. This is not the time to go slow in protecting 
America and rebuilding that which has been destroyed. This is the time 
to act.
  The greatest irony is I was informed last week by sources within the 
administration that they themselves are working on a $20 billion 
supplemental appropriations bill for early next year.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. CONRAD. Madam President, we should not wait. We should act.
  The PRESIDING OFFICER. Who yields time?
  Mr. BYRD. How much time does the Senator from New Jersey wish?
  Mr. TORRICELLI. Three minutes.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. TORRICELLI. Madam President, I thank the Senator from West 
Virginia for yielding the time.
  There are moments when we are reminded why our fathers and mothers 
created this Union. This is one of those moments to provide for the 
common defense, to promote the general welfare.
  All of America was attacked, but that attack fell most directly on 
the peoples of several States. The President of the United States has 
reminded us that in this new war, we are all soldiers. If that be the 
case, the obligation of this Senate is to provide resources for all the 
police officers, all the citizens, all the workers who are on the front 
lines.
  The Senator from West Virginia has answered that call for my State, 
and I believe for the national interest. Since September 11, thousands 
and thousands of people are unable to get to their place of employment 
because the trains under the Hudson River were, in some instances, 
destroyed; businesses had to relocate and have had enormous economic 
disruptions. The Appropriations Committee has provided money to repair 
those trains, and $100 million for ferry service so businesses can 
continue to operate.
  We are told that one of the greatest threats to our security in 
another terrorist attack is the tunnels under the Hudson River, 
identified as the primary threat in the country. The Appropriations 
Committee has provided $100 million to repair the tunnels for safety, 
for fire, for escape.
  We are told that one of the greatest threats, from a previous threat 
from the al-Qaida organization, was to attack the tunnels for 
automobiles and bridges. Indeed, that attempt was foiled once before, 
but we remain vulnerable.
  The Appropriations Committee has provided $81 million for security 
upgrades of the George Washington Bridge and the Lincoln Tunnel.
  Finally, on this very day, we have this Senator's testimony about the 
vulnerability of millions of uninspected containers coming into this 
country on container ships from every corner of the Earth. The 
Appropriations Committee has provided $29 million for new security 
personnel and new boats for New York Harbor to ensure these ships are 
intercepted, and that these containers are inspected to assure the 
safety of our people.

  President Bush is right. This country is at war. It is not a distant 
war. It may be fought in Afghanistan, but it began in New York and in 
Washington.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. TORRICELLI. These are the resources in a very real way, just as 
real as in Afghanistan to win that fight to secure these people, and I 
am grateful to the Appropriations Committee for its commitment.
  The PRESIDING OFFICER. Who yields time?
  Mr. STEVENS. Madam President, does the Senator from West Virginia 
need additional time now?
  Mr. BYRD. I need some additional time. I was hoping the other side 
could use some of its time.
  Mr. STEVENS. I will be happy to yield 10 minutes of our time to the 
Senator from West Virginia and shift it over to his control.
  Let me briefly state the position of this Senator on the motion to 
waive. As I have stated, the President, as Commander in Chief in a time 
of war, has said he believes he has requested ample money to take him 
through to the time when he will submit, based on Governor Ridge's 
report to him, the moneys that are necessary to conduct the homeland 
defense for the United States. He has also said he believes we have now 
sufficient funds to pursue the war that is being conducted against 
global terrorism based on the moneys that have been presented in 
section A of this bill, and the additional moneys for defense in 
section B of this bill.
  Those moneys are presented pursuant to the act of September 14, which 
specified that not less than $20 billion of the moneys involved would 
go to New York, Virginia, and Pennsylvania to help react to the events 
of September 11.
  My amendment--I have withdrawn it now, but I will offer it again 
probably in the morning--does not change that law. Nothing in the 
proposal of the Senator from West Virginia changes the September 14 
law, as I understand it. He seeks to add to it, but he does not change 
that, and that law guarantees $20 billion.
  Now, I do not have my tie on to take on the Senator from New York as 
I might normally. That will be tomorrow probably, but right now let me 
say to the Senator from New York, no one knows disasters in the United 
States like Alaskans. We have an earthquake about every week. We have 
tidal waves. We have tornados, floods. We understand emergencies.
  We have not said New York did not suffer an emergency. We have 
merely, by this point of order, said emergency money is not needed now 
to meet the needs of the people affected by September 11 because with 
this bill, we have put up a total of $40 billion, plus the moneys that 
are in the bill itself. They cannot even come near to be spent before 
we can get the next supplemental out.
  I am informed that New York has only requested so far less than $5 
billion of the money to which it is entitled.
  I do not mind being a whipping boy. You play with the cards you are 
dealt. My role is to try to get this bill to conference. I want the 
bill enacted before Christmas. I think New York is better

[[Page S12524]]

off to have it enacted before Christmas. I do not think it can be 
enacted before Christmas if we have a situation where we have a veto of 
this bill. I do not think we should be challenging the President of the 
United States.
  I remember standing in this Chamber as the chairman of the committee 
asking for money for the former President of the United States to 
conduct two wars against which I voted. I have always honored the 
request of the President of the United States with regard to defense 
and emergencies, too. I remember standing in the Chamber and asking for 
money to replace the money that the former President of the United 
States used under the Food and Forage Act to conduct activities in 
Kosovo and Bosnia, that I opposed.

  This is no precedent. This is a procedure established to assure the 
Congress agrees with the designation of emergency in terms of spending. 
We are not saying there was not an emergency on September 11. Anyone 
who watched the television--and I did visit ground zero. God knows 
there was an emergency up there and one that will be ongoing, but New 
York is not going to be rebuilt before March of next year. The money in 
this bill, the $40 billion, cannot be spent before March of next year. 
There is no necessity for additional money now. There will be a 
necessity to respond to the President's request next spring. Therefore, 
I believe the motion to waive is not necessary, and I oppose it.
  The PRESIDING OFFICER. Who seeks time?
  Mr. BYRD. Does the other side wish to yield some time to themselves?
  Mr. STEVENS. We yielded 10 minutes of our time to the Senator from 
West Virginia.
  Mr. BYRD. I understand.
  Mr. STEVENS. Does the Senator from Oklahoma seek time?
  Mr. NICKLES. How much time remains on both sides?
  The PRESIDING OFFICER. Fourteen minutes remains for the minority; 24 
for the majority.
  The Senator from Oklahoma.
  Mr. NICKLES. Madam President, first I wish to compliment our 
colleagues for this debate, and particularly Senator Stevens. It is not 
easy when one takes on the chairman of the Appropriations Committee. I 
have great respect for my friend and colleague from West Virginia. I do 
not happen to agree with him on this particular issue. I agree with him 
on a lot of issues. This is not one I agree with him on, and I will 
state why.
  I have heard some colleagues imply if we do not support this, we are 
not in favor of New York, or we are not in favor of rebuilding, and I 
just totally disagree with that. I think every one of us wants to help 
New York, wants to help Virginia, wants to help our country, wants to 
provide for national security, wants to provide for a defense bill.
  I am trying to look at where we are in regard to helping New York and 
helping our national defense. We have to have a bill that is going to 
be signed by the President of the United States.
  I read the President's statement of policy, and it does not 
equivocate. It says if the final bill presented to the President 
exceeds either of the agreed-upon spending levels, the President will 
veto the bill--the spending levels of $686 billion that he agreed to. 
And I might mention he increased that spending level to get an 
agreement. He had an agreement with Members of Congress, Democrats, and 
Republicans. I might mention the Democrats in the House insisted he put 
it in writing. It was put in writing on October 2.
  That agreement was for $686 billion in discretionary spending. That 
was for a growth level of over 7 percent. The President agreed with 
that. Subsequent to that, the President agreed to an emergency spending 
bill of $40 billion.
  I might mention we were marking up the bill--I am sure my colleague 
from West Virginia remembers this--and the bill was $20 billion. At one 
time, some people were saying maybe it should be less than that, but it 
was at $20 billion. Then our colleagues from New York and the Governor 
and the mayor of New York prevailed upon the President to make the $20 
billion $40 billion. So in one afternoon, in a period of hours, right 
before the very day we were passing the emergency assistance bill, it 
was $40 billion.
  That bill was passed unanimously. It was done in a bipartisan 
fashion. We all agreed, let us make it $40 billion. We were basically 
saying let us work together on this. I questioned whether or not at 
that time it needed to be $40 billion. I was saying, why do we not do 
$20 billion now, and if we need another $20 billion, we will do it? But 
we all agreed, let us do $40 billion.
  We had a significant discussion about how that first $20 billion 
would be controlled, and we agreed basically $10 billion at the 
President's discretion, the other $10 billion the President would 
submit his request to the appropriators and they would sign off on it. 
They had 15 days to do that.
  Then we said the additional $20 billion would be subject to a 
separate appropriations bill, and that is what we have in the 
Department of Defense bill. Some people might be wondering why this is 
being done in the Defense bill in the first place. It did not have to 
be in Defense. We just said it will be in a subsequent bill. It could 
have been an independent bill or it could have been in an 
appropriations bill. So that is the $20 billion. The President agreed 
with that. Both parties agreed with that, and it was passed.
  That is all we have agreed on. The President says that is enough for 
now. The President said he is willing to make whatever considerations 
are needed in the future. The President's letter also said the 
administration spent less than 16 percent of the $40 billion designated 
by Congress to respond to the September 11 attacks. Yet some people are 
saying let us make the $40 billion $55 billion, even though we have 
only spent 16 percent of the original $40 billion. I think that is 
moving a little aggressively, maybe a little too fast, and maybe not 
giving us a chance to figure out the cleanup costs.
  Both Senator Stevens' bill and Senator Byrd's bill have a lot of 
money for FEMA. I do not know, and I do not know that anybody knows, 
how much FEMA is going to need for cleanup costs for Virginia and New 
York, but we are paying every bill that FEMA has been requested to pay.
  I contacted the mayor's office in New York City and they said every 
single bill they have submitted to this administration has been paid 
within 5 days. That was from the mayor's office as recently as a few 
days ago. So if every bill has been paid, they are making good on their 
commitment.

  Why not give the administration a chance to look at the total costs. 
Governor Ridge was appointed to be head of this task force. We give him 
enormous responsibility. Let him make recommendations. Then we will 
consider those recommendations. I am sure we will pass almost all of 
them. We may modify them. We have that right. To say we will preempt 
and move ahead, we are wasting our time. The President says he will 
veto it. I tell my friends, we have the vote to sustain the veto; why 
go through this exercise?
  Finally, some have implied we are not doing anything for the victims 
in New York. This disaster happened September 11 and it is December 6 
and we have not enacted legislation. Let me correct that. At least 
compare it to what we did in Oklahoma City. We had a disaster in 
Oklahoma City. It killed 169 people. That is not as bad as 3,000 or 
4,000 but it is still pretty bad.
  What did we do? For New York City, by the end of the week or 
hopefully by the end of next week, we will pass legislation that will 
say victims who were killed, their families will not have to pay any 
tax on income earned this year or the previous year. That is a benefit 
preserved primarily for the military. We will make that apply for the 
people who were killed as a result of the September 11 disaster. We 
never did that for the people in Oklahoma City 6 years ago, but we will 
do it in this case, and I strongly support it. Very good. That is 
positive.
  Some of the families, the survivors of families were lobbying for 
that. I compliment them for that. We are going to deliver. That will be 
valued assistance. They will get back all the taxes they paid last year 
and all the taxes they paid this year. That will happen soon. They will 
not go through bureaucracy. That will happen. I am happy we can provide 
that assistance.
  We have also already passed a victim's compensation fund and we have 
appointed a special master. The Attorney General appointed a special 
master who is trying to come up with an adequate compensation system 
for people

[[Page S12525]]

who lost a family member as a result of the disaster. That moved 
quickly. We never did that in Oklahoma City. Some people estimate they 
will receive large payments. I don't know. I think it has something to 
do with how much compensation they receive or how much they will 
receive from the insurance companies. That is very significant. 
Congress has already acted on that. Hopefully, checks will go out to 
the families and those in need of assistance will get that quickly.
  It would be shortsighted to say we are not taking care of families. I 
think they have significant assistance through the Tax Code by this 
Congress, this year, and I think they will get something through the 
victim's compensation fund which Congress has already enacted. That 
should happen pretty quickly.
  Congress has been moving. Maybe we don't move as fast as some think 
we should, but that is pretty quick. What about rebuilding New York 
City? Oklahoma City just had a dedication to rebuild the Murrah 
Building destroyed 6 years ago. They just had the groundbreaking today. 
Again, everybody is wanting to move full speed ahead, but use a little 
common sense. Work with Governor Ridge. Let him have some input on what 
is needed. Let the President of the United States have some input on 
what is needed. Let's work together in a bipartisan fashion to figure 
out what is needed, not one party saying this is what we will insist 
upon. Let's work together. We did it for the initial $40 billion. I 
think we can do it for the future. We can do it working with the 
administration. It will not happen in this bill, trying to jam $15 
billion on the President, saying he will not sign it and we will 
sustain the veto. That will not happen.
  I urge my colleagues to vote no on waiving the budget point of order. 
The budget point of order is well made. Let us work today. When we 
waive the budget, we should do it when we are working together. If we 
waive the budget and say budget rules don't apply, do it when we are 
all on the same bandwagon, when we are working together, not for 
partisan advantage trying to make some look as if we don't care about 
New York or care about fighting terrorism. That is false. Every Member 
serving, House and Senate, cares about New York and cares about 
fighting terrorism. I urge my colleagues to work together in a 
bipartisan fashion, work with the administration, work with Governor 
Ridge to come up with something mutually acceptable that will provide 
the Nation security and make sense economically and not break the bank 
at the same time.
  I yield the floor and reserve the remainder of my time.
  Mr. BYRD. How much time do I have remaining?
  The PRESIDING OFFICER. Twenty-three minutes forty-five seconds.
  Mr. BYRD. I yield 3 minutes to the Senator from Iowa and I yield 2 
minutes to the Senator from Rhode Island, Mr. Reed.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Madam President, we are talking about just another part 
of the defense of our country. If we think of what is happening in 
Afghanistan, if we found out our troops were ill-trained, that our 
radar was out of date, and they were short of ammunition, we would have 
hearings. We would call in the experts, we would listen to them, we 
would find out how much they needed to make sure our troops were 
trained, to make sure our radar worked, and to make sure they had 
enough ammunition, and we would supply it.
  That is exactly what we did for this bill. We brought in the 
witnesses. We heard from the experts. We asked: What do we need to 
protect the people of this country in terms of a bioterrorist attack? 
That fell under the jurisdiction of the subcommittee which I chair. 
Senator Specter and I had four hearings. Senator Stevens and Senator 
Byrd attended those hearings. We had good testimony. What they came up 
with was the expert judgment of what we needed to protect our people 
against a bioterrorist attack.
  If I put it in military terms in terms of bioterrorism, our troops 
are ill-trained, our radar is out of date, and we don't have enough 
ammunition. For example, we had testimony that we needed to get our 
small pox vaccine manufactured and deployed. This bill includes $829 
million to do that. The substitute amendment would take that down by 
$267 million. We would cut local and State public health preparedness 
by over $650 million. This is our radar system. These are the people, 
if an attack happens, who will pick it up immediately and keep it from 
spreading. We had $1.15 billion. The amendment, the substitute, only 
has $500 million. There are cuts for CDC for the lab capacity. These 
are things we need to protect our people.
  We heard from the experts. We got their testimony. We made a judgment 
call as to what was needed to protect us from a bioterrorist attack. We 
had $3.9 billion--it was $3.3 billion for public health and $600 
million in agriculture, for a total of $3.9. The substitute amendment 
only leaves $2.3 billion.
  Just as we would not want to shortchange our troops in the field 
overseas, we don't want to shortchange the troops we have at home. Our 
public health officials, our local hospital administrators, the 
laboratories, the manufacturers of the small pox vaccine, make sure 
they have the equipment they need to protect our people.
  Mr. STEVENS. I ask unanimous consent the time remaining be divided 25 
minutes to the Senator from West Virginia and 5 minutes to me.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. I thank the distinguished Senator from Alaska.
  The PRESIDING OFFICER. The Senator from Rhode Island is recognized 
for 2 minutes.
  Mr. REED. Madam President, I rise to support the efforts of our 
chairman, Chairman Byrd, on an extraordinary package that recognizes 
the reality we have to do more, not less, and we have to do it now to 
respond to the issue of homeland defense.
  A few weeks ago I met with my Governor and all the emergency 
preparedness officials in the State of Rhode Island. They have an 
excellent plan. They have an idea of what they can do, what they must 
do. They don't have the resources to do it. Time waits for no person. 
And if we waste this time when the crisis comes and a response is 
necessary, the plans won't mean anything.
  This funding is critical now. It is critical to protect our 
preparedness infrastructure to allow first responders with appropriate 
equipment, with radios that communicate with all the different 
agencies, to be in place--not on order. We have to move now, and we 
have to move aggressively, and that is what the chairman has done. He 
has carefully weighed conflicting demands for scarce resources, and he 
has come up with a plan that covers the gamut of major responsibilities 
at the State level. We have to protect our infrastructure. We have to 
protect our nuclear facilities. We have to ensure that all of our State 
agencies and Federal agencies and not-for-profit groups, such as the 
Red Cross, are coordinated.
  Rhode Island is one of three or four States that have a plan that has 
been approved and accepted by the Federal Government. They know what to 
do. But they would be the first to tell you, as they told me, they 
don't have the resources to do the job. When the crisis comes, when an 
attack comes, we cannot satisfy our constituents simply by saying we 
had a good plan. We have to be able to act. This money is necessary 
now. I commend and thank the chairman for his great efforts, his 
leadership on those resources.
  If I may, I request 1 more minute.
  Mr. BYRD. I yield 1 more minute.
  Mr. REED. I am particularly concerned, in terms of assisting local 
communities, that they have these resources now because it will signal, 
first, that the Federal Government is committed to supporting them now; 
second, it will leverage State dollars. We are approaching a situation 
where the States are under extreme fiscal distress. Without the 
foundation of this Federal funding, I am very pessimistic that States 
will come forward.
  If it is not important for us, the Federal Government charged with 
protection of our country, then how is it important to a State 
legislature to appropriate funds this coming year, in the next few 
months? That is another reason I believe we have to act now. We have to 
act promptly.
  In addition, we have to be able to support the efforts of the State 
governments to begin to take these plans and

[[Page S12526]]

operationalize them--to go and actually test these plans. Frankly, we 
will not know the gaps until they go out and test it. This money could 
enable that.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. REED. I yield the floor.
  Mr. BYRD. I yield 3 minutes to the Senator from New Jersey.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. CORZINE. Madam President, I strongly support the leadership and 
initiatives of the distinguished Senator from West Virginia with regard 
to these issues on homeland defense.
  There are so many powerful arguments that support this investment 
that I think our society needs to make in the protection of our 
communities through the bioterrorism initiative, which puts money in 
State and local hands, money that will make a difference to make sure 
we have the plans in place to really protect our people.
  I live in New Jersey. We had a number of anthrax-related events in 
our Postal Service. We were not prepared, and the State ended up coming 
in and spending enormous amounts of money. It needs to be addressed 
now. That is why the kind of program that Senator Byrd has put together 
is so important.
  It is a good economic policy. We need to have confidence in our 
society right now. This is a statement to all of the people in this 
country that we take these issues seriously with regard to homeland 
defense, whether it is from bioterrorist attacks or whether it is 
protecting our nuclear plants, of which we have four in New Jersey. It 
is absolutely essential we send out these sure and certain statements 
that we care.
  It is good economic policy because it will stimulate our economy. We 
do not want to get too far away from that. This is real expenditures 
that will be out the door quickly.
  Our States are desperately strapped, as the Senator from Rhode Island 
was just saying. New Jersey has a $1.9 billion deficit in this fiscal 
year, the one that ends June 30. They need resources to be able to be 
economically sound in a tough economic environment.
  It is inconceivable to me that we do not stand strong with New York 
City and New York State at this period of time. I have seen the two 
Senators make their presentations today with regard to the devastation. 
This is money not going to be available in the near term when the need 
is the greatest. We need to act. I have lived and worked in the 
community around New York for 30 years. The desperation, the depression 
that we have--in an economic and emotional context--is real. We need to 
send these signals. That is what this is about. It will do much along 
those lines.
  I will be very parochial. This bill has meaningful elements in it for 
the State of New Jersey--those parts of New Jersey, by the way, that 
are linked inextricably with New York City. There is $100 million for 
ferry service, $81 million for law enforcement. Part of that, $34 
million, is going to the State police in New Jersey. We have one boat 
patrolling the ports--one boat.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Mr. CORZINE. For all these various reasons, I strongly support 
Senator Byrd's amendment.
  Mr. STEVENS. Madam President, I shall use the remainder of our time 
and then the Senator from West Virginia, the chairman, shall close on 
this motion.
  I call to the attention of the Senate that the act of September 18 
was specific in the sense of dealing with $40 billion for the costs of:

       . . . providing Federal, State and local preparedness for 
     mitigating and responding to the attacks . . . providing 
     support to counter, investigate, or prosecute domestic or 
     international terrorism . . . providing increased 
     transportation security . . . repairing public facilities and 
     transportation systems damaged by the attacks; and . . . 
     supporting national security.

  Then it says:

       Provided, That these funds may be transferred to any 
     authorized Federal Government activity to meet the purposes 
     of this Act.

  It later specifically says:

       . . . not less than one-half of the $40 billion shall be 
     for disaster recovery activities and assistance related to 
     the terrorist acts in New York, Virginia, and Pennsylvania, 
     on September 11, as authorized by law. . . .

  ``As authorized by law,'' the funds must go to Federal agencies for 
authorized Federal activities.
  Senator Byrd's amendment--and I think we are going to have to go 
there sometime in the future--goes beyond this law. It goes beyond the 
$40 billion and makes $15 billion more available, and not all of it is 
channeled through Federal activities.
  Again, I do not argue with the intent. I think he is right. 
Eventually we will have to do that. But for now, if we look at what my 
amendment has done--and we are going to modify it to a certain extent, 
based upon the comments of the Senator from West Virginia and the 
Senators from New York. No one is perfect about this. We are trying to 
allocate this money where it is needed within the $40 billion and 
follow the existing law and authorization. The authorization for the 
$20 billion we are dealing with now is in the act of September 18. But 
for that authorization, the whole amount would be subject to a point of 
order on the basis of emergency. But that emergency was declared on 
September 18.
  We are dealing with a concept of fulfilling that. Nothing we do 
tonight will alter the commitment to New York and Pennsylvania and 
Virginia that not less than $20 billion of the $40 billion is dedicated 
to Federal activities in support of recovery in those States. 
Respectfully, New Jersey was not included, I am sorry to say. They 
probably are the beneficiary of some of the moneys that will be spent 
in recovering from the New York moneys that were guaranteed. I think we 
probably should have included New Jersey in there on September 18, as a 
matter of fact.
  But I urge the Senate not to declare this emergency and not to 
support the waiver of the budget resolution that provides for such a 
procedure of a point of order when the moneys exceed the amount of the 
budget process. We had an agreement with the President. The Senator 
from West Virginia and I have done our absolute best to keep the 
agreement with the President. I think the Senator from West Virginia 
will be the first to admit his $15 billion goes beyond the concept of 
the rest, to which the rest of us were committed.
  I hope to be here in the Chamber in March or April supporting the 
chairman, the Senator from West Virginia, and supporting the request of 
the President of the United States for additional moneys to cover many 
of the targets of his amendment.
  I yield the remainder of my time. I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Madam President, let me thank my friend, Senator Stevens, 
for being the man that he is. He is a Senator. He is a first-class 
Senator. He lives up to his responsibilities under the Constitution. He 
reveres this institution. He lives up to his promises to his fellowman. 
I watched him the other day in the committee and how he said no. He is 
a Senator who says no and does not lose respect in any way. He does not 
make you angry. He almost makes you like him when he says no. He is a 
remarkable man. In this debate, he has given me much of his time. He 
did the right thing. He offered to let me close the debate on my 
motion. I could close the debate, but he offered it. I didn't have to 
fight for it.
  Madam President, I thank my friend. Let me say this: No matter what 
the outcome, Senator Stevens will always be my friend. I will not think 
less of him for his opposition. I will think more of him for the way he 
has conducted himself. We have two Medal of Honor winners in this body, 
as far as I am concerned: Danny Inouye; and, although Ted Stevens 
hasn't formally been presented with such a medal, from me he gets one 
also. I love him. There is a friend who walketh closer to a brother. 
And Ted Stevens is one who does that.
  On November 8, President Bush addressed the Nation. In his remarks, 
the President asked the American people for courage. He asked them for 
vigilance, for volunteerism, and for adherence to time-honored values. 
He called upon them to carry on with their lives. He told them that 
they had new responsibilities. He asked for their help in fighting this 
new war on terrorism here at home.
  I have no quarrel with many of the things which the President said. 
But the first responsibility of any government is to protect the safety 
of its citizens. How can we ask our people to

[[Page S12527]]

shoulder new responsibilities to fight the war against terror, unless 
this Government first lives up to its most basic duty--ensuring the 
safety of our citizens on our own soil.
  Ask those men in Afghanistan: How would you vote on this amendment? 
Would you vote to give the people back home the security that this 
amendment provides to them? How would they vote? I have no doubt that a 
great majority of them would vote for this amendment. They are thinking 
of their loved ones back here, too, who might any day be subjected to a 
terrorism attack. Would they take the position, well, let them wait 
until the spring? Let them wait for the supplemental? How laughable 
that is.
  This Government must take positive, proactive steps right now to 
shore up our homeland. If we are all to become citizen soldiers here at 
home, let us make sure that we provide those homeland soldiers with at 
least a front line of defense. I am talking about protecting our 
airports; screening baggage and passengers thoroughly; protecting mass 
transit; protecting rail service; guarding our ports; patrolling our 
nuclear power plants, dams, bridges; guarding chemical plants, food 
suppliers, water supplies; protecting malls, and stadiums. If 911 
taught us anything, it taught us that we are vulnerable in hundreds of 
ways. It taught us that the unthinkable is not only thinkable--it has 
happened. We are totally derelict in our duties as public servants if 
we learn nothing--take no real action--as a result of the horrific 
experiences of September 11.
  On November 8, the President's remarks were the classic call to 
public service. ``Ask what you can do for your country'' was its 
rhetorical theme. And I applauded him. And while I have no problem with 
those sentiments, and hope that they do inspire more of our people to 
service and unselfish action, I think that we should all be aware that 
the ground has shifted under us. The battleground is no longer just on 
some distant shore in Afghanistan, it is in New York, Florida, 
Pennsylvania, California, Washington--indeed anywhere in this great 
land. I think that the American people now have a right to ask their 
country what it can do for their safety.
  Anthrax has turned up in our mail. Where is the massive effort to be 
sure that we can sanitize our mail for that threat?
  I have received 12 letters from my constituents since those Twin 
Towers went down--12 letters I have received. My staff has been 
evacuated from the southeast corner of the Hart Building. What about 
the people out there? What about their safety? What about my wife's 
safety when she goes to the mailbox? My daughter, your daughter, his 
daughter, think of them.
  The Postmaster General has been told by this administration that he 
will only get $175 million for equipment to sanitize mail. He needs at 
least $1 billion even to begin. Whether the anthrax scare was homegrown 
or the work of madmen in other lands makes no difference. Poisoned mail 
poses a new threat to our people and we need to find ways to deal with 
making mail safe to handle and safe to receive.
  Smallpox could be a devastating blow to this nation, and indeed to 
the world, should some madman find a way to unleash its horror on an 
unsuspecting population. Yet, where is the massive effort to develop a 
safe vaccine?
  We need billions to combat this and other bioterrorism threats.
  We need a commitment to improve our health care facilities--to train 
personnel to deal with widespread diseases and panic. Especially in 
rural areas, there is next to no frontline of defense against such 
bioterrorism attacks. We are like children in the dark being asked to 
be brave in the face of an enemy we cannot see, and whose actions we 
cannot predict, and with no ammunition forthcoming from a federal 
government to which we all pay taxes. What better use of the tax dollar 
than to protect our citizens as well as we can from the scourge of 
terrorists who have already killed thousands of Americans. We fail our 
people and we fail them grossly if we do not do all we can to keep them 
safe in their own beds. No volunteer effort can do that. No tax break 
can do that. Only a strong Federal commitment from the government can 
have any hope of success for such a massive and important task.
  States will be in the frontline of any homeland defense effort, yet 
the states are in severe financial difficulty. Four out of five states 
are sliding into or are in a recession, and state revenues are 
suffering accordingly. Moreover many of the tax cuts in the House-
passed stimulus bill would serve to rob states of the very revenues 
they need at this time.
  An October survey by the National Conference of State Legislatures 
revealed that almost every state is experiencing revenue shortfalls. 
Forty-three states and the District of Columbia now report that 
revenues were below forecasted levels in the opening months of FY 2002. 
At least 36 states have implemented or are considering budget cuts or 
holdbacks to address fiscal problems. Twenty-two states have 
implemented belt-tightening measures that include hiring freezes, 
capital project cancellations and travel restrictions. Six states have 
convened in special sessions to address budget problems, and several 
others are considering special sessions later this year or early next 
year. Yet, we put more on them. We ask them for more.
  How can we expect States in such shape to mount a frontline defense 
for our people if the Federal Government does not help with additional 
moneys dedicated to that cause? That is not just a rhetorical question. 
The failure to respond may have real and disastrous consequences.
  We all may cheer the victory in Afghanistan when it finally comes, 
and we may all breathe a little easier if bin Laden is caught, but we 
dare not forget that the bin Laden organization has branches in 60 
countries. They are here in the United States. They are cunning. They 
are organized, as we have so painfully learned.
  Yet there is opposition to the moneys to beef up the computer 
capabilities of the FBI, the Immigration and Naturalization Service, 
and the Bureau of Customs--all agencies charged with monitoring the 
people and goods which come over our borders or for tracking down 
terrorists once they get here.
  In short, there has been plenty of lip service paid to homeland 
security, but talk is much cheaper than a Federal funding commitment. 
And while it is fine to lift spirits, it is not enough. It is essential 
to dedicate funding to protect entities most vulnerable to terrorist 
attacks.
  Madam President, we have been sent a horrific message. We have 
awakened with a start. We have suffered bad dreams. Yes, we have 
suffered nightmares. We have awakened, as I say, with a start. But we 
dare not return to our slumber. We dare not let our concentration wane 
and our attention wander. We will not be safer as a nation than we were 
on September 10, if we do not use the lessons that we have learned to 
make us stronger now. We will be just as unprepared the next time, God 
forbid, and it will be the fault of this Government and its 
complacency. Issuing terrorism alerts is no substitute for taking real 
action that we know can help minimize the threats.
  So I plead with my colleagues to support this package which is 
intended to make our people safer and more confident. It is not a 
package which divides Americans. It is not a proposal that pits the 
rich against the poor or corporations against working people. It is a 
program for the safety of all Americans. It is something Democrats and 
Republicans can do together for our people. There should be no aisle 
separation here. It can change the tone in Washington by promoting 
unity among elected leaders. We can come together for the benefit of 
every man, woman and child in this Nation. We can improve the climate 
of fear which is troubling our people and hurting our economy. There is 
no partisanship--no partianship--in homeland security. It is our solemn 
duty. And anyone who was living in this country on September 11 knows 
deep in their heart that we had better start to do something now.
  Madam President, I am already at the beginning of my 85th year. I 
have seen wars and depressions and natural disasters of huge 
proportions. Always, Madam President, always we have had leadership 
that acted quickly to protect America and her people. Now we are faced 
with perhaps the most dangerous threat that we have ever faced--

[[Page S12528]]

terrorists on our own soil. Terrorist cells in more than 60 countries 
in this world; terrorists plotting right now--right tonight; while we 
sleep, they will be plotting; plotting right now--the next attempt to 
kill massive numbers of innocent people.
  I do not want to stand on this floor after the next terrible attack 
and say to my colleagues, ``We should have acted sooner. We might have 
saved lives.'' None of us want that on our conscience. We can act now. 
We can do all that we can right now to ``promote the common defense.'' 
Let us not wait. Let us not give bin Laden more time. Let us not hew to 
the party line so closely that we sacrifice the safety of our people.
  The White House pulled out all stops today in the effort on behalf of 
the legislation that has been given the name of: promote trade 
security. It is fast track--fast track. And I cannot reconcile what I 
seem to see: an administration that says, give me fast track, an 
administration that says, no, but slow down when it comes to providing 
money for homeland defense; slow down there but give me fast track on 
trade legislation.
  We must not go home, Madam President, without doing something to ward 
off what could be another tragedy of major proportions. I do not 
understand how any Member of this body could sleep if we fail to take 
this critical step for the protection of the people who sent us to the 
Senate.
  I have been around here so many years, and I have seen so many 
things. I have seen disasters. And never have I voted against any State 
that came here needing help from the Federal Government in the face of 
disaster. I have never turned my back on any State.
  And I could go down the list: Texas, $1.090 billion for Tropical 
Storm Allison--$452 million in 2001, including emergency funding in the 
fiscal year 2002 VA-HUD bill--and Hurricane Bret in 1999, and damages 
from severe storms, flooding, hail, and tornadoes.
  I have a list that I will not take the time--and I do not have the 
time--to read. I have a list of disasters that have occurred, and a 
list of responses by the Appropriations Committees of the Congress in 
helping the people who were suffering from those disasters. I ask 
unanimous consent to have that printed at the close of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. BYRD. Now, Madam President, how much time do I have?
  The PRESIDING OFFICER. Twenty-one seconds.
  Mr. BYRD. Madam President, I do not understand how any Member of this 
body could sleep if we fail to take this critical step for the 
protection of the people who sent us here.
  Have we become so cynical that we cannot even do that? Are we so 
insensitive that we would rather embrace the cold illogic of budget 
deals than face our duty to ease the palpable fear in this Nation? I 
hope not. For if that is so, we have failed this Nation at its most 
critical hour. That is not the Senate I know. That is not the Senate to 
which I have given most of my life. Once again, I ask Senators to turn 
away from the sterile illogic of this misguided point of order and come 
together to protect our homeland and our people.
  I thank all Senators. And I thank Mr. Stevens in particular. I thank 
him.

                             Exhibit No. 1

Appropriations Committee Tradition for Responding to Natural Disasters 
                              FY 1989-2001

       The Senate Appropriations Committee has a long, bi-partisan 
     tradition for responding to natural and man made disasters. 
     Why Members are now resisting using the emergency authority 
     for homeland defense and to fulfill the $20 billion 
     commitment to New York boggles the mind.
       FEMA Disaster Relief funding for major disasters over the 
     last 11 years follow:
       TEXAS: $1.090 Billion for Tropical Storm Allison ($452 
     million in 2001, including emergency funding in the FY 2002 
     VA/HUD bill) and Hurricane Bret in 1999, and damages from 
     severe storms, flooding, hail, and tornadoes;
       MISSISSIPPI: $238.8 Million for such disasters as Hurricane 
     George, Tropical Storm Allison, severe storms, flooding and 
     tornadoes. Emergency funding was also provided through CDBG 
     for Hurricane George;
       OKLAHOMA: $374.6 million total, including $37 million of 
     emergency funding for Oklahoma City in response to the Murrah 
     Building bombing and $183 million for a severe winter ice 
     storm last January;
       NORTH CAROLINA: $1.47 billion since 1989 for disasters such 
     as Hurricane Floyd ($706 million), Hurricane Fran ($547 
     million) and Hurricane Bonnie ($38 million);
       ALASKA: $113.4 Million since 1989 for such disasters as the 
     Red Fox Fire, the Tok River Fire, the Appel Mountain Fire, 
     and numerous severe storms and flooding;
       PENNSYLVANIA: $424.8 Million since 1989 for such disasters 
     as Tropical Storm Allison, Tropical Storm Dennis, Hurricane 
     Floyd, and other severe storms, flooding, and tornadoes;
       NEW MEXICO: $39.5 Million since 1989 for such disasters as 
     forest fires in 2000, the Hondo Fire in 1996, the Osha Canyon 
     Complex fire in 1998, as well as numerous severe winter 
     storms and flooding Significant emergency funding was 
     provided in response to the Cierra Grande fires);
       MISSOURI: $344.6 Million since 1989 for such severe storms 
     and flooding, grass fires, tornadoes and hail storm damage, 
     including the Midwest floods.
       KENTUCKY: $243.4 Million since 1989 for severe storms, 
     flooding, mudslides, and wildfires. Over $132 million in 1997 
     alone for flooding and tornado damage;
       MONTANA: $66 Million since 1989 for fire damage in Flathead 
     Lake, Lincoln, Sanders, Gatalin Park, as well as severe 
     storms, flooding, ice jams, and severe winter storm damage;
       ALABAMA: $332.3 Million since 1989 for damage caused by 
     Hurricane George in 1998 ($57.8 million), Hurricane Opal in 
     1996 ($52.7 million), ice storms, fires in Russelville, 
     Chelsea, Fayette and Lookout Mountain;
       NEW HAMPSHIRE: $38 Million since 1989 for damage caused by 
     Tropical Storm Floyd in 1999, Hurricane Bob in 1991, 
     blizzards, high winds and record snowfall damage, and severe 
     ice storms and flooding;
       IDAHO: $65.8 Million since 1989 for severe storms, 
     flooding, mud slides, and wildfires.
  The PRESIDING OFFICER. The Senator's time has expired.
  All time has expired.
  Mr. STEVENS. Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Which division will be the subject of the first vote?
  The PRESIDING OFFICER. Division I.
  Mr. STEVENS. Homeland defense. Thank you.
  The PRESIDING OFFICER. The question occurs on division I of the 
motion to waive section 205 of H. Con. Res. 290 of the 106th Congress. 
The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Texas (Mr. Gramm) and 
the Senator from North Carolina (Mr. Helms) are necessarily absent.
  The yeas and nays resulted--yeas 50, nays 48, as follows:

                      [Rollcall Vote No. 354 Leg.]

                                YEAS--50

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--48

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Feingold
     Fitzgerald
     Frist
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--2

     Gramm
       Helms
       
  The PRESIDING OFFICER. On this vote, the yeas are 50, the nays are 
48.
  Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained, and the emergency designation is stricken.
  The question now occurs on agreeing to division II of the motion to 
waive section 250 of H. Con. Res. 290 of the 106th Congress.
  The yeas and nays have been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Texas (Mr. Gramm) and 
the Senator from North Carolina (Mr. Helms) are necessarily absent.

[[Page S12529]]

  The PRESIDING OFFICER (Mrs. Clinton). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 50, nays 48, as follows:

                      [Rollcall Vote No. 355 Leg.]

                                YEAS--50

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carnahan
     Carper
     Cleland
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Edwards
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Torricelli
     Wellstone
     Wyden

                                NAYS--48

     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Craig
     Crapo
     DeWine
     Domenici
     Ensign
     Enzi
     Feingold
     Fitzgerald
     Frist
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchinson
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                             NOT VOTING--2

     Gramm
     Helms
       
  The PRESIDING OFFICER. On this vote, the yeas are 50, the nays are 
48. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  The point of order is sustained, and the emergency designation is 
stricken.
  Mr. STEVENS. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Clinton). Without objection, it is so 
ordered.

                          ____________________