[Congressional Record Volume 148, Number 101 (Tuesday, July 23, 2002)]
[Senate]
[Pages S7218-S7221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 A TRUE COMMITMENT TO HOMELAND SECURITY

  Mr. BYRD. Madam President, the Senate will soon have before it the 
fiscal year 2002 supplemental appropriations conference report. This 
legislation provides for the defense of this Nation, both at home and 
abroad.
  Specifically, the bill provides $14.4 billion for the Department of 
Defense. It allocates $5.5 billion to New York to complete the promise 
made to provide $20 billion to help recover from the terrorist attacks 
on September 11. Another $1 billion is for Pell grants, $417 million 
for veterans' medical care, $400 million for election reform grants, 
and $2.1 billion for foreign affairs.
  The bill also provides $205 million for Amtrak. Amtrak is an integral 
piece of the Nation's transportation network. For many rural 
communities, Amtrak represents the only public transportation 
connection to the rest of the Nation. But without the funding contained 
in this bill, that connection is in danger of being severed. Because of 
growing financial pressures, Amtrak needs an infusion of funding soon 
or else it faces bankruptcy. The $205 million included in this 
supplemental appropriations bill will stave off bankruptcy and give the 
passenger railroad, which is under new management, time to craft sound 
plans for the future.
  Most importantly, this bill provides $6.7 billion for homeland 
security, including $3.85 billion for the Transportation Security 
Administration. That is why this funding bill is so important. This 
funding will take steps now--without delay--to plug the holes in our 
Nation's defenses here at home. Congress has not hesitated when it 
comes to funding homeland security efforts. In two supplemental bills--
the one approved shortly after the attacks and the one before the 
Senate today--Congress has invested $15 billion to protect Americans 
from another terrorist attack and to better respond should, God forbid, 
another attack occur.
  The funding initiatives shaped by Congress have helped to hire more 
border patrol agents, increase the scrutiny of cargo shipments at our 
seaports, and accelerate the purchase of vaccines against smallpox. We 
have funded critical training and equipment purchases for local police, 
fire, and medical personnel. We have helped to train doctors and local 
health departments to detect and treat a biological or chemical weapons 
attack.
  The money allocated in December has helped to hire more than 2,200 
INS border agents and Customs inspectors on the northern and southern 
borders. The INS is now implementing a system for tracking foreign 
students in this country--a system funded in the first supplemental 
bill. The Nation's police, fire and medical personnel are getting 
better training and equipment for detecting and responding to potential 
biological, chemical or nuclear attacks. The FBI is hiring hundreds of 
new agents. 750 more food inspectors and investigators are being hired. 
The number of ports with Food and Drug Administration investigators is 
being doubled. 324 additional protective personnel are being hired to 
protect our

[[Page S7219]]

nuclear weapons complex, and additional resources are being spent on 
efforts to destroy or secure nuclear materials overseas.
  The legislation that will soon be before the Senate today will 
accomplish even more. It will accelerate the purchase of bomb-detecting 
machines at airports and provide much-needed resources at the local 
level. The funding will strengthen port and border security; tighten 
protections at our nuclear facilities; and better ensure the safety of 
food and drinking water supplies.
  The legislation provides $701 million for first responder programs, 
$343 million above the President's request. This conference report, 
which will be voted on tomorrow morning, includes $150 million for 
firefighters, with the funds going directly to the local fire 
departments. In the spring, when the firefighter grants that Congress 
allocated in the $40 billion supplemental where made available, more 
than 18,000 fire departments across the country applied for assistance 
totaling more than $3 billion. Yet only $360 million was available to 
meet the demand. The administration did not request any additional 
funding for this program. However, the need is clear. Our first 
responders want to be prepared to respond to attack; Congress and the 
President need to provide the necessary resources so those first 
responders will be ready.
  And in this supplemental bill, State and local governments will 
receive $100 million to improve interoperability of communications 
equipment for fire, police, and emergency medical technicians. The 
inability of local police and dire departments to communicate with each 
other when responding to the World Trade Center attack has been 
identified as a major Achilles' heel in a defense of our homeland. The 
funding in this legislation will help to eliminate that inability and 
to develop uniform standards for interoperable State and local law 
enforcement, firefighting and emergency medical communications 
equipment. The administration requested no funding for this important 
need.
  Another $54 million, $22 million above the President's request, will 
strengthen the Federal Emergency Management Agency's search and rescue 
teams. Currently, there are 28 FEMA search and rescue teams around the 
country that can be deployed to major disasters to assist local first 
responders in search and rescue operations. This funding will be used 
to upgrade equipment and training for responding to events involving a 
biological, chemical, radiation or nuclear attack.
  One of the major weaknesses in our homeland security is the virtually 
non-existent protections at the Nation's ports. Cargo containers are 
piled up by the thousands at ports, depots, and huge outdoor 
warehouses. American ports are home to oil refiners, chemical plants, 
and nuclear facilities. A hijacked vessel that crashes into a port 
could be used to ignite volatile fuels or gases and produce an 
explosion that equals one caused by hundreds, maybe thousands of tons 
of dynamite. American ports receive 16,000 cargo containers per day and 
6 million containers each year, but less than five percent of those 
containers are inspected. That means a terrorist has at least a 95 
percent chance of sneaking weapons of mass destruction into the United 
States. That is not acceptable.
  Congress, through this supplemental legislation, provides $739 
million for port security programs, $465 million above the President's 
request. This conference report includes $125 million for port security 
grants through the Transportation Security Administration. Last fall, 
Congress approved $93 million of unrequested funds for port security 
grants. DOT received $692 million of applications for the $93 million 
we provided. The administration did not request additional funding for 
this purpose.
  Another $528 million in this bill is for the Coast Guard for port and 
maritime security, $273 million above the President's request. 
Increased funds would be used to expedite vulnerability assessments at 
our Nation's ports, rather than follow the administration's slower plan 
to do the assessments over the next 5 years. The money would add two 
new maritime safety and security teams; purchase a total of 6 homeland 
security response boats; and expand aviation assets as well as the 
shore facilities to support them. Another $39 million would help the 
Customs Service to target and inspect suspect shipping containers 
at overseas ports before they reach American ports. The administration 
requested no funds for these activities.

  Another major concern is the security of the Nation's nuclear 
facilities. The U.S. Department of Energy needs funds for this effort, 
but the Office of Management and Budget chose not to forward the 
Department's request to Congress. This legislation recognizes the need, 
heeds the warnings, and provides $235 million to improve security of 
the nuclear weapons stockpile, national nuclear labs, and nuclear 
weapons plants. Funds are included to establish a ``911'' system for 
local first responders to call when confronted with nuclear hazards, 
enhanced funding for the National Center for Combating Terrorism, 
expansion of radiological search teams, and establishment of a National 
Capital Area Response Team at Andrews Air Force Base.
  Just a few weeks ago, the White House warned of a possible terrorist 
attack on the Nation's banking system. It was a vague threat, but the 
potential for a terrorist organization to use computers and technology 
to short-circuit our financial system is clear. That is why this 
conference report includes $147 million--$128 million above the 
administration's request--for cyber security to help deal with the 
threat to Federal and private information systems.
  Our long and porous land borders represent a daunting challenge in 
terms of homeland security. The Immigration and Naturalization Service 
and the Customs Service are already hiring more than 2,200 agents and 
inspectors with the funding Congress allocated in December. This 
legislation on which we will vote tomorrow, takes the next step, 
providing $120 million for border security, including $32 million for 
Immigration and Naturalization Service construction to improve 
facilities on our Nation's borders and $25 million for better 
equipment.
  When it comes to security at the Nation's airports, no one should 
doubt Congress' commitment. I note that, earlier today, the U.S. 
Secretary of Transportation testified at a hearing and charged that 
Congress is hamstringing his new Transportation Security 
Administration. Secretary Mineta has complained about a lack of 
flexibility in Congressional funding. Before the Transportation 
Secretary takes shots at Congress, I wish he would consider the facts. 
I hope that he will. This legislation provides $3.85 billion for the 
Transportation's Security Administration. The conference report 
provides $471 million for unrequested airport security efforts, 
including $150 million to ensure that all small and medium airports 
have funds to implement the FAA's new airport security guidelines and 
that large airports have some additional funding to meet those 
requirements. $225 million is provided above the President's request 
for explosives detection equipment and $42 million is provided to 
improve the security of the FAA air traffic control system. In light of 
the recent tragedies at the Los Angeles International Airport, when a 
man walked to an airline ticket counter and started shooting, Congress 
provides $17 million to improve airport terminal security. In addition, 
$15 million is provided for improved air to ground communications for 
the air marshals. If there is a problem on a plane, the security 
personnel on the ground need to know about it.
  The Transportation Secretary has charged that less flexibility 
translates into less security at our airports. Well, last fall, when 
Congress approved the $40 billion emergency supplemental, we gave the 
administration flexibility. The President had the authority to allocate 
$20 billion and he gave $1.3 billion to the Transportation Security 
Administration. But did that flexibility lead to efficient government? 
Not necessarily. The Transportation Secretary, while pointing a finger 
at Congress, ignores the fact that his hand-picked Under Secretary of 
Transportation Security promptly spent $418,000 to refurbish his 
personal office in what I am told is a beautiful mahogany. That must be 
one of the most stunning offices in the entire Department of 
Transportation. I would suggest that the Secretary's finger pointing be 
flexible, and that he turn his finger to his own department. Try that,

[[Page S7220]]

Mr. Secretary. He cannot in good conscience charge Congress with the 
inefficient operations of the Transportation Security Administration 
when is own personnel have wasted money and opportunity, missed their 
own internal deadlines for improving airport security, and failed to 
provide adequate budget information to Congress. Instead of looking for 
someone to blame for failures, the Transportation Secretary should be 
working internally to fashion a much more efficient and responsive 
Transportation Security Administration.

  Another area of focus for this Congress is nuclear non-proliferation. 
We have heard a great deal of discussion about the potential for a 
``dirty bomb''--a small nuclear device no larger than a briefcase that, 
if exploded, can contaminate a broad area with radiation for many 
years. The best way to stop a dirty bomb is to minimize the opportunity 
for terrorists to get their hands on nuclear material. This 
supplemental bill includes $100 million to protect fissile material 
abroad, purchase radiation detectors, and establish international 
standards for securing fissile material.
  The Department of Defense will receive, through this legislation, 
$14.4 billion for its activities around the world. There can be no 
doubt as to the commitment of Congress to the men and women in the 
Armed Forces. We will always ensure that they have the resources and 
equipment necessary to fulfill their mission to protect American 
interests throughout the world.
  However, the Secretary of Defense, in the Administration's 
supplemental request, asked for authorities that are currently invested 
in other Cabinet secretaries and in the Congress. The Defense Secretary 
asked for the authority to spend $100 million in foreign countries as 
he sees fit. Congress said no. The Defense Secretary asked for the 
authority to pay bounties for the death of those he deems to be 
terrorists. Congress said no. The Defense Secretary asked for the 
authority to spend $30 million to indigenous groups around the world 
who arguably are assisting in the war on terrorism. Congress said no.
  The Framers of the Constitution crafted a delicate balance between 
the legislative, executive, and judicial branches of the Federal 
Government. These new authorities for the Secretary of Defense would 
jeopardize that balance. Congress should not give this Secretary--or 
any other Secretary--extraordinary authority for the sole purpose of 
making the Secretary's job easier.
  If the President signs this bill, he will have 30 days to decide 
whether to designate over $5.1 billion as an emergency. If he does not 
make the emergency designations, the funds cannot be spent. Within the 
$5.1 billion, there is nearly $2.5 billion for homeland security. If 
the President does not make the emergency designation, he will block 
nearly $2.5 billion in homeland security investments, many of which I 
have just outlined. Firefighters. Police officers. Port security. 
Border security. Airport security. Search and rescue teams. Food 
safety. Drinking water safety. All these and more are involved. I hope 
that the President will join with Congress in this bipartisan approach 
to homeland security. I hope that he will declare these items to be an 
emergency, and make these important investments immediately to protect 
the American people from terrorist attacks.
  In addition, if the President decides not to make the emergency 
designation, he also will block funding for the National Guard and 
Reserves. He will block funding for election reform. He will block 
funding for combating AIDS, tuberculosis, and malaria overseas. He will 
block flood prevention and mitigation; embassy security; aid to Israel 
and disaster assistance to Palestinians; wildfire suppression; 
emergency highway repairs; and veterans health care.
  These critical appropriations for the American people have been 
delayed for months, sometimes as a result of administration 
intervention. The time has come for its speedy passage and the 
President's signature.
  The Senate Appropriations Committee held 5 days of hearings on this 
bill and benefited greatly by hearing testimony from our Nation's 
first-responders, terrorism experts, mayors, Governors and Cabinet 
officials--from seven departments and from the Director of FEMA. We 
have produced a fair and balanced bill that fills many of the gaps in 
our homeland defense that were identified in our hearings.
  I want to thank, once again, my friend and the Ranking Member of the 
Appropriations Committee, the Senior Senator from Alaska, Senator Ted 
Stevens, for his cooperation, for his leadership along the way in the 
conduct of the hearings, the markup of the bill, in the debate on the 
floor. I also want to thank our House counterparts, Appropriations 
Committee Chairman C.W. ``Bill'' Young and Ranking Member David Obey 
for their cooperation and commitment to completing action on the 
legislation. I would be recreant if I did not thank the staffs who have 
worked so hard to finish this bill. On the Republican side, I thank 
Steve Cortese and Andy Givens and all of the professional and 
subcommittee staffs. On the Democratic side, I thank the Committee 
Staff Director, Terry Sauvain, my Deputy Staff Director Charles 
Kieffer, Edie Stanley, and Nancy Olkewicz, and all of the professional 
and subcommittee staffs for their long, long, long hours and days and 
weekends. Their tireless efforts have resulted in legislation, this 
legislation that we will vote on tomorrow, legislation that will help 
to protect American lives.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, before the President pro tempore of the 
Senate leaves the floor, I would like to say on behalf of the people of 
Nevada and the country how much we appreciate the work he did on 
homeland security.
  Knowing the Congress has gone to the effort--and the Senator from 
West Virginia held hearings and called in Cabinet members to find out 
what was needed by each entity--and then the disappointment was, as far 
as I am concerned, when we got the supplemental request from the 
President, these matters were not found.
  I say to the Senator from West Virginia, based on information 
obtained about how this should be obtained, by having congressional 
oversight hearings to determine what was needed, and then move forward 
together so people in West Virginia, Washington, and around the rest of 
the country are going to receive as a result of the action that will be 
taken by the Senate tomorrow, I hope there are no games played.
  When the bill goes to the President, I hope he doesn't play around 
and try to send us a message about vetoing the bill.
  This is so important for the country. We would not have this 
legislation but for the Senator from West Virginia. Of course, I have 
to include Senator Stevens, who was very deliberate and sat through 
those hearings, as did the Senator from West Virginia. This is a 
bipartisan bill. A large chunk of it is based on the needs of this 
country for homeland security.
  Mr. BYRD. Madam President, I thank the very distinguished Democratic 
whip for his observations.
  Senator Reid is a member of the Appropriations Committee in the 
Senate. So he partook of the action on this bill all along the way. He 
was present in the hearings that this Appropriations Committee held 
early in the year on this bill. I believe it was April.
  This bill is not the first occasion in which the Senate 
Appropriations Committee has taken the lead in acting to strengthen our 
homeland security. This committee led the way last year.

  The Appropriations Committee in the Senate appropriated $4 billion 
above the President's request last year. Of course, I know we are 
accused of spending money, but that is the money we are spending for 
the security of the American people for their homeland, their homes, 
their schools, their churches, and their children. That is the money we 
are spending. Last year we exceeded the President's request for 
homeland security by $4 billion. That was done in a bipartisan fashion. 
It wasn't done just by Democrats on the committee. But the Republican 
members of that committee joined all the way. The President threatened 
last year to veto that bill.
  Does the Senator remember that? The President said last year he would 
veto that bill because it contained $4 billion more than he requested 
last year.

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  This year that bill came to the floor with the solid support of the 
Republicans and Democrats on that committee. It was unanimously 
supported. It increased the homeland security part above the 
President's request by $3 billion.
  As we have gone through the process--it was a long, dragged-out 
effort when it came to working with the other body on the conference. 
We finally had to yield and come down from the $3 billion to $1.4 
billion in additional money over the President's request for homeland 
security.
  Again, all the way, I am proud to say, we have a bipartisan group in 
that committee that walks step by step and shoulder to shoulder to my 
colleague, Senator Stevens, and I. We don't have any quarrels. We don't 
have any differences. We don't have any partisan discussions. We don't 
have any partisan bickering, nor do the members on the committee.
  The distinguished Senator from Utah, Mr. Bennett, is a member of that 
committee. I served with his father. I believe his father sat right 
here. I believe his father sat right there in that chair when the son, 
in whom his father was well pleased, was around these premises and knew 
a great deal about the Congress and worked in the Congress. He worked 
in his precincts.
  We don't have any middle aisle in our committee. It was a joint 
effort on the part of Republicans and Democrats in close ranks and 
voting to support moneys for the security of the American people. These 
are moneys that are in this conference report.
  When it comes to homeland defense, this Appropriations Committee has 
been right out front. I am very proud of the way we have been able to 
do our work and work together. It has been a long time since this 
committee started on this bill. I guess the budget was sent up here 
last February. It has been all that long time.
  Here we are in July with the conference report that we will be voting 
on tomorrow morning.
  I thank the distinguished Senator.
  I yield the floor.

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