[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.
____________________