[Congressional Record Volume 149, Number 111 (Thursday, July 24, 2003)]
[Senate]
[Pages S9830-S9857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2004

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 2555, which the clerk will report.
  The bill clerk read as follows:

       A bill (H.R. 2555) making appropriations for the Department 
     of Homeland Security for fiscal year ending September 30, 
     2004, and for other purposes.

  Pending:

       Reid amendment No. 1318, to appropriate $20,000,000 to the 
     Office for Domestic Preparedness to be used for grants to 
     urban areas with large tourist populations.

  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Madam President, I wanted to speak about an amendment I 
wish to offer that I have reason to believe may or may not be accepted. 
It

[[Page S9831]]

may be accepted, I am told. I was willing to do that in morning 
business or on the bill. Since we are now on the bill, is there an 
amendment pending?
  The PRESIDING OFFICER. There is an amendment by Senator Reid which is 
pending.
  Mr. DORGAN. I ask unanimous consent that the amendment be set aside 
so I might offer an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1362

  Mr. DORGAN. I send an amendment to the desk and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from North Dakota [Mr. DORGAN] proposes an 
     amendment numbered 1362.

  Mr. DORGAN. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To require a report on access by State and local law 
  enforcement agencies to the Tipoff database on potential terrorists)

       Insert after section 615 the following:
       Sec.  . Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Secretary of State and the Attorney 
     General, shall report to the Committee on Appropriations of 
     the Senate and the House of Representatives on the 
     feasibility of providing access to State and local law 
     enforcement agencies to the database of the Department of 
     State on potential terrorists known as the ``Tipoff'' 
     database, including the process by which classified 
     information shall be secured from unauthorized disclosure.
  Mr. DORGAN. Madam President, today we will hear the results of the 
9/11 Commission, which will describe, after some study and hearings and 
consideration, what we knew prior to 9/11, prior to the devastating 
attack that occurred against this country that resulted in the murder 
of thousands of innocent Americans.
  There have been past suggestions that some of our law enforcement 
agencies and others had information indicating a possible attack, and 
that the information didn't get evaluated or moved up the chain of 
command.
  There are all sorts of discussions about what went wrong: What did we 
know? What could we have done with the information we had in our 
possession that might have foiled these attacks?
  It is useful to evaluate all that. I hope this report, which I have 
not yet read, will advance our knowledge of this situation.
  Information sharing is essential in the war on terrorism and in 
securing our country. But there is an alarming lack of information 
sharing when it comes to our state and local law enforcement officials. 
And that is the subject of my amendment here today.
  On October 25 of last year, a task force headed by former Senators 
Warren Rudman and Gary Hart released a report titled ``America Still 
Unprepared, America Still In Danger.'' The bipartisan task force, 
sponsored by the Council on Foreign Relations, included former 
Secretaries of State Warren Christopher, George Shultz, retired Admiral 
William Crowe, former Chairman of the Joint Chiefs of Staff, and 
others.
  What they found was that one year after the September 11 attacks, 
America remained dangerously unprepared for another terrorist attack. 
And at the top of the list of their concerns was this:

       650,000 local and State Police officials continue to 
     operate in a virtual intelligence vacuum, without access to 
     the terrorist watch lists provided by the U.S. Department of 
     State to immigration and consular officials.

  That was the top concern raised by the report. What do they mean by 
that? They mean we do have a list of people who are known and suspected 
terrorists and individuals who associate with those known or suspected 
terrorists, and we use that list at the State Department to try to keep 
those people from coming into our country. It is made available to 
consulates across the world, to immigration officials across the world. 
It is a list meant to protect our country by preventing those who are 
known terrorist or those who associate with terrorists or suspected 
terrorists from entering our country.

  The problem is this. This list is not shared with the 650,000 law 
enforcement officials in our country. We need 650,000 eyes and ears of 
local law enforcement officials able to access that list to see whether 
the car they pulled over on the interstate highway is filled with four 
terrorists.
  Let me give an example: 36 hours before the September 11 attacks, one 
of the hijackers, the man who was at the controls of flight 93 that 
crashed in Pennsylvania--one of the hijackers named Ziad Jarrah was a 
26-year-old Lebanese national. He was driving 90 miles an hour on 
Interstate 95, in Maryland. He was pulled over by the Maryland State 
Police. He was driving a car rented in his own name.
  This fellow shared a Hamburg apartment with Mohamed Atta. He was, we 
think, at the controls of flight 93 that crashed in Pennsylvania and 36 
hours before that attack he was pulled over for speeding on a Maryland 
highway.
  It turns out, for a number of reasons, his name was not on the watch 
list. But had it been, and one would have expected it to be, that 
Maryland State trooper would not have been able to know that. If this 
afternoon, south of Drayton, ND, there is a highway patrol officer 
pulling over a car with three individuals in it, and if those 
individuals are known terrorists who have somehow come across the 
border from Canada, that highway patrol officer will not be able to 
access the terrorist watch list. So that highway patrol officer will be 
in the dark. He or she will stop that vehicle, will evaluate the 
occupants, search for information about their identity, but will not be 
able to access the watch list.
  The officer can access the NCIC data list, and determine whether the 
person he has stopped has a criminal record, but the officer cannot 
access the list that includes the names of the terrorists. That makes 
no sense to me and it didn't make any sense to the commission headed by 
Senator Rudman and Senator Hart. They said, as long ago as last 
October, this needed to be fixed and it needed to be fixed now so that 
650,000 additional pairs of eyes and ears belonging to law enforcement 
officials, city police officers, highway patrol, and others are 
available to help us look for terrorists who may be in this country.
  Let me read in more detail excerpts from this Hart-Rudman report.
  With just 56 field offices around the nation the burden of 
identifying and intercepting terrorists in our midst is a task well 
beyond the scope of the FBI. This burden could and should be shared by 
650,000 local, county and State law enforcement officers. But clearly 
they cannot lend a hand in a counterterrorism information void. When it 
comes to combating terrorism, the police officers on the beat are 
effectively operating deaf, dumb and blind. The terrorist watch lists 
provided by the Department of State to immigration and consular 
officials are still out of bounds for State and local police. In the 
interim period as information sharing issues get worked out, known 
terrorists will be free to move about to plan and execute their 
attacks.
  That is from the report issued last October, and nothing has been 
done about it.
  The Senate passed, at my urging, a provision in the supplemental 
appropriations bill that effectively says to all the agencies to work 
to get this done. That provision was dropped in conference.
  I will now offer the same piece of legislation and hope it will be 
attached to this appropriations bill. I hope it will be part of the 
bill that is signed into law. I hope we don't have to continue to prod 
executive agencies to do what they know we ought to do.
  If, God forbid, there is another attack in this country by 
terrorists, if that attack is perpetrated by someone who is picked up 
by a highway patrol officer or a city police officer on a highway or a 
street, and that person's name was on the watch list, and it was in the 
bowels of the State Department available to all of the consular affairs 
offices in the world but not available to that law enforcement officer 
and, therefore, they let that known terrorist go because they did not 
know this was a terrorist, and that terrorist then commits an act of 
terror and murders thousands of Americans, then shame on this 
Government for not doing what all of us in this Chamber

[[Page S9832]]

know needs to be done--not tomorrow, not next week, not next year, 
right now, right this minute.
  The report by the task force headed by Senators Hart and Rudman was 
titled ``America Still Unprepared, America Still in Danger.'' Their top 
recommendation of last October has still not been completed by the U.S. 
Government.
  In my judgment, the American people ought to ask the question, Why on 
Earth is there foot dragging going on in making this watch list 
available to law enforcement all across this country in order to better 
prepare and better secure and better protect this country? It should 
not take a year for this database to be shared.
  Today, I resubmit this amendment and say we should not waste one 
additional day.
  I yield the floor.
  Mr. COCHRAN. Madam President, we reviewed the amendment of the 
Senator from North Dakota. The operative language of the amendment is 
as follows:

       The Secretary of Homeland Security . . . shall report to 
     the Committee on Appropriations . . . on the feasibility of 
     providing access to State and local law enforcement agencies 
     to the database of the Department of State on potential 
     terrorists . . . including the process by which classified 
     information shall be secured from unauthorized disclosure.

  We discussed the amendment with the distinguished Senator and are 
prepared to accept the amendment.
  Mr. DORGAN. Madam President, I ask for its immediate consideration 
and ask for a vote.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1362) was agreed to.
  Mr. DORGAN. I move to reconsider the vote.
  Mr. DODD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Connecticut.


                           Amendment No. 1353

  Mr. DODD. Madam President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Connecticut [Mr. Dodd], for himself, Ms. 
     Stabenow, and Mr. Lieberman, proposes an amendment numbered 
     1353.

  Mr. DODD. Madam President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To fund urgent priorities for our Nation's firefighters, law 
    enforcement personnel, and emergency medical personnel, and all 
 Americans by reducing the 2003 tax breaks for individuals with annual 
                    income in excess of $1,000,000)

       On page 56, line 2, strike ``$172,736,000'' and insert 
     ``$690,944,000''.
       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$11,552,000,000''.
       On page 60, line 1, strike ``$750,000,000'' and insert 
     ``$3,000,000,000''.
       On page 60, line 15, strike ``$826,801,000'' and insert 
     ``$3,307,204,000''.
       On page 65, line 9, strike ``$165,000,000'' and insert 
     ``$660,000,000''.

  Mr. DODD. Madam President, I am offering this amendment on behalf of 
myself, my colleague from Michigan, Senator Stabenow, and my colleague 
from Connecticut, Senator Lieberman.
  The purpose of the amendment is very simply to take the report that 
has been discussed here, which was prepared over the last number of 
days by the Council on Foreign Relations, and identify and lay out in 
significant detail the priorities and the urgency in dealing with 
emergency responders. It is entitled ``Emergency Responders Drastically 
Underfunded, Dangerously Unprepared.'' It is the report of an 
independent task force sponsored by the Council on Foreign Relations 
and chaired by Warren Rudman and Richard Clarke, senior adviser, and 
Jamie Metzl, project director.
  The purpose of the amendment reads:

       To fund urgent priorities for our Nation's firefighters, 
     law enforcement personnel, and emergency medical personnel, 
     and all Americans by reducing the 2003 tax breaks for 
     individuals with annual incomes in excess of $1 million.

  That is the purpose.
  Just so my colleagues understand, the language of the purpose does 
not mandate anything. The amendment would be subject to a point of 
order which I am confident my colleague from Mississippi would make, 
and there would be no vote on the amendment. I am setting out in the 
purpose what I would like to see occur.
  Other than that, of course, the language of the amendment does 
specify some additional add-ons to meet the concerns raised by this 
task force on emergency responders.
  Over the last day or so, we have had a series of amendments that have 
been offered to try to increase the funding in a number of areas.
  I ask unanimous consent that this list be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                              U.S. SENATE ROLLCALL VOTES 108TH CONGRESS 1ST SESSION (2003)
--------------------------------------------------------------------------------------------------------------------------------------------------------
        Vote No.                    Date                      Issue                  Question                 Result                  Description
--------------------------------------------------------------------------------------------------------------------------------------------------------
00298...................  July 23.................  H.R. 2555...............  On the Motion S.       Rejected 45-51..........  Motion to waive CBA
                                                                               Amdt. 1351.                                      Schumer Amdt. No. 1351;
                                                                                                                                to make available an
                                                                                                                                additional $200,000,000
                                                                                                                                to increase the number
                                                                                                                                of border personnel at
                                                                                                                                the northern border of
                                                                                                                                the United States by the
                                                                                                                                end of fiscal year 2004.
00297...................  July 23.................  H.R. 2555...............  On the Motion S.       Rejected 43-52..........  Motion to waive CBA
                                                                               Amdt. 1350.                                      Corzine Amdt. No. 1350;
                                                                                                                                to appropriate
                                                                                                                                $8,000,000 for the
                                                                                                                                Office of the Under
                                                                                                                                Secretary for
                                                                                                                                Information Analysis and
                                                                                                                                Infrastructure
                                                                                                                                Protection to conduct
                                                                                                                                chemical facility
                                                                                                                                security assessments.
00296...................  July 23.................  H.R. 2555...............  On the Motion S.       Rejected 48-49..........  Motion to waive CBA
                                                                               Amdt. 1346.                                      Mikulski Amdt. No. 1346;
                                                                                                                                to increase the amount
                                                                                                                                of the appropriation for
                                                                                                                                firefighter assistance
                                                                                                                                grants by $150,000,000.
00295...................  July 23.................  H.R. 2555...............  On the Motion S.       Rejected 45-51..........  Motion to waive CBA
                                                                               Amdt. 1343.                                      Schumer Amdt. No. 1343;
                                                                                                                                to increase the funds
                                                                                                                                for research and
                                                                                                                                development related to
                                                                                                                                transportation security,
                                                                                                                                and for other purposes.
00294...................  July 23.................  H.R. 2555...............  On the Motion to       Agreed to 50-48.........  Motion to table Hollings
                                                                               table S. Amdt. 1341.                             Amdt. No. 1341; to
                                                                                                                                provide funds to
                                                                                                                                increase maritime
                                                                                                                                security.
00293...................  July 23.................  H.R. 2555...............  On the Motion S.       Rejected 45-53..........  Motion to waive CBA. re
                                                                               Amdt. 1327.                                      Murray Amdt. No. 1327;
                                                                                                                                to increase funding for
                                                                                                                                emergency management
                                                                                                                                performance grants.
00292...................  July 23.................  H.R. 2555...............  On the Amendment S.    Agreed to 79-19.........  Boxer Amdt. No. 1331; to
                                                                               Amdt. 1331.                                      require a classified
                                                                                                                                report to Congress on
                                                                                                                                the security costs
                                                                                                                                incurred by State and
                                                                                                                                local government law
                                                                                                                                enforcement personnel in
                                                                                                                                each state in complying
                                                                                                                                with requests and
                                                                                                                                requirements of the
                                                                                                                                United States Secret
                                                                                                                                Service to provide
                                                                                                                                protective services and
                                                                                                                                transportation for
                                                                                                                                foreign and domestic
                                                                                                                                officials.
00291...................  July 22.................  H.R. 2555...............  On the Motion S.       Rejected 43-50..........  Motion to waive CBA re
                                                                               Amdt. 1317.                                      Byrd Amdt. No. 1317; To
                                                                                                                                fulfill Homeland
                                                                                                                                Security promises.
--------------------------------------------------------------------------------------------------------------------------------------------------------

  Mr. DODD. Madam President, there were amendments to make available 
additional dollars to increase the number of border personnel offered 
by our colleagues; amendments to appropriate funds for the Office of 
the Under Secretary of Information Analysis; amendments to increase the 
amount of appropriations for fire fighter assistance grants--Senator 
Mikulski and I offered that amendment--amendments to increase funds for 
research and to provide funds to increase maritime security; and, funds 
to increase emergency management performance grants. Senator Boxer 
offered an amendment to require a classified report to Congress on the 
security costs incurred by State and local governments, and so forth.
  A number of amendments have been suggested. With very few exceptions, 
these amendments have been rejected on points of order. They were in 
violation of the Budget Act because they would break the caps.
  I have great respect for those members who serve on the 
Appropriations Committee. It is not an easy job. But I think what we 
are faced with here is a problem that is far more significant than caps 
on these budget requirements under the appropriations bills.
  You need go no further than to read the report prepared by the 
Council on

[[Page S9833]]

Foreign Relations that came out recently. It was begun in March and has 
been around here for the last several weeks. All Members, I presume, 
have received copies of it.
  I want to read various passages of this to try to at least persuade 
my colleagues about the sense of urgency we ought to have in light of a 
survey and study done by those who are knowledgeable on the subject 
matter of international terrorism and very knowledgeable about what 
needs to be done to make this Nation more prepared.
  Let me read the conclusion of this report. This was prepared by our 
former colleague, Senator Rudman, along with a very distinguished task 
force whose names I will share with the Members in a moment.

       The terrible events of September 11 have shown the American 
     people how vulnerable they are because attacks on that scale 
     had never been carried out on U.S. soil. The United States 
     and the American people were caught underprotected and 
     unaware of the magnitude of the threat facing them.
       In the wake of September 11, ignorance of the nature of the 
     threat or of what the United States must do to prepare for 
     future attacks can no longer explain America's continuing 
     failure to allocate sufficient resources in preparing local 
     emergency responders. It would be a terrible tragedy indeed 
     if it took another catastrophic attack to drive that point 
     home.

  I do not think anything can be more clear than this language.
  Listen further, if you will.
  Listen further, if you will, in the foreword of this report by Les 
Gelb, who was the President of the Council on Foreign Relations. I will 
quote from his foreword. Les Gelb says:

       As I sit to write this foreword, it is likely that a 
     terrorist group somewhere in the world is developing plans to 
     attack the United States and/or American interests abroad 
     using chemical, biological, radiological, nuclear or 
     catastrophic conventional means. At the same time, diplomats, 
     legislators, military and intelligence officers, police, 
     fire, and emergency medical personnel, and others in the 
     United States and across the globe are working feverishly to 
     prevent and prepare for such attacks. These two groups of 
     people are ultimately in a race with one another. This is a 
     race we cannot afford to lose.
       In October 2002, the Council on Foreign Relations-sponsored 
     Independent Task Force on Homeland Security issued the report 
     ``America--Still Unprepared, Still in Danger.'' The Task 
     Force, co-chaired by Senators Warren Rudman and Gary Hart, 
     came to the general conclusion that ``America remains 
     dangerously unprepared to prevent and respond to a 
     catastrophic terrorist attack on U.S. soil.'' The report 
     further warned that ``America's own ill-prepared response 
     could hurt its people to a much greater extent than any 
     single attack by a terrorist. . . . But the risk of self-
     inflicted harm to America's liberties and way of life is 
     greatest during and immediately following a national 
     trauma.''

  Les Gelb goes on to say:

       Although progress continues to be made to the newly formed 
     Department of Homeland Security and other federal, state, and 
     local institutions, America remains dangerously unprepared 
     for another catastrophic terrorist attack.
       In March 2003, the Council on Foreign Relations established 
     an Independent Task Force on Emergency Responders to follow 
     up on the specific recommendations of the Task Force on 
     Homeland Security and to examine the status of preparedness 
     and the adequacy of funding for emergency responders in the 
     United States. The Task Force on Emergency Responders 
     subsequently established an Emergency Responders Action 
     Group, consisting of representatives of emergency responder 
     professional associations, jurisdictional associations 
     representing state and local officials, and congressional and 
     budgetary experts, to provide expertise and advice to the 
     Task Force. The Task Force performed its analysis in 
     partnership with the Concord Coalition and the Center for 
     Strategic and Budgetary Assessments, two of the Nation's 
     leading budget analysis organizations. This represents the 
     first realistic effort to develop a budget range of the costs 
     necessary to protect the homeland [of the United States].
       The preliminary analysis conducted by the Task Force 
     suggests that the United States may be spending only one-
     third of what is required to adequately provide for America's 
     emergency responders.
       Of its most important recommendations, I would like to 
     highlight the following--

  Again, I am quoting Les Gelb--

       Congress should require that the Department of Homeland 
     Security work with state and local agencies and officials and 
     emergency responder professional associations to establish 
     clearly defined standards and guidelines for emergency 
     preparedness.
       Congress should work to establish a system for distributing 
     funds based less on politics and more on threat. To do this, 
     the federal government should consider such factors as 
     population, population density, vulnerability assessment, and 
     presence of critical infrastructure within each state. State 
     governments should be required to use the same criteria for 
     distributing funds within each state.

  It goes on with these various recommendations. I will come back to 
those in a minute.
  Let me also say, this is not an amendment where I just came up with a 
number. The number in the amendment I am offering is from the 
recommendation of this report. It is a large number. I have never 
offered, in all my years here, an amendment of this size. This 
amendment is nearly $15 billion in 1 year. That is in addition to the 
roughly $5 billion that is in this bill. This amendment is a little 
less than $15 billion. But those are the numbers recommended by this 
report. It is not a number I came up with or Senator Stabenow came up 
with or my staff came up with.
  This is the recommendation of serious people who spent time looking 
at this problem, who have given us their best judgment of what we need 
to be doing, and saying we are coming woefully short of what needs to 
be done to keep this Nation prepared.
  Let me share with you who these people are because it was not just 
some nameless or faceless group of individuals who prepared this 
report.
  Charles Boyd is currently Chief Executive Officer and President of 
Business Executives for National Security. Before retiring from the 
U.S. Air Force, General Boyd served as Deputy Commander in Chief of the 
U.S. European Command.
  Richard Clarke is Senior Adviser to the Council on Foreign Relations. 
Mr. Clarke served under the last three Presidents of the United States 
in a senior White House position.
  Admiral William Crowe previously served as Chairman of the Joint 
Chiefs of Staff under President Ronald Reagan.
  Margaret Hamburg is Vice President for Biological Weapons at the 
Nuclear Threat Initiative. Before coming to NTI, Dr. Hamburg was 
Assistant Secretary for Planning and Evaluation at the Department of 
Health and Human Services.
  James Kallstrom is senior executive vice president at MBNA American 
Bank. Prior to that, he was on a leave of absence and served as the 
Director of the Office of Public Security for the State of New York.
  Joshua Lederberg is a Nobel laureate. He currently serves as the 
president emeritus and Sackler Foundation Scholar at Rockefeller 
University.
  Donald Marron is chairman of UBS America. He previously served for 20 
years as chairman and chief executive officer for the Paine Webber 
Group.
  James Metzl, I mentioned already. He served on the National Security 
Council at the White House, in the Department of State, and as Deputy 
Staff Director of the Senate Foreign Relations Committee.
  Philip Odeen is former chairman of TRW. Previously he was president 
of BDM International, and a vice chairman at Coopers & Lybrand.
  Norman Ornstein is a resident scholar at the American Enterprise 
Institute and senior counselor to the Continuity of Government 
Commission.
  Dennis Reimer is director of the National Memorial Institute for the 
Prevention of Terrorism in Oklahoma City. Prior to that, he served in 
the U.S. Army in a variety of joint and combined assignments, retiring 
after 37 years as the Chief of Staff of the United States Army.

  Warren Rudman, we all know, is our former colleague.
  George Shultz is the Thomas W. and Susan B. Ford distinguished Fellow 
at the Hoover Institution. He has served as Secretary of State, 
Secretary of the Treasury, Secretary of Labor, and Director of the 
Office of Management and Budget and, of course, is a member of this 
task force.
  Ann-Marie Slaughter is dean of the Woodrow Wilson School of Public 
and International Affairs at Princeton University.
  Harold Varmus is president and chief executive officer of the 
Memorial Sloan-Kettering Cancer Center. He previously served as the 
Director of the National Institutes of Health.
  John Vessey is a former Chairman of the Joint Chiefs of Staff, as 
well as Vice Chief of Staff of the United States Army.
  William Webster previously was Director of the Central Intelligence

[[Page S9834]]

Agency from 1987 to 1991, and Director of the Federal Bureau of 
Investigation from 1978 to 1987.
  Steven Weinberg is the Director of the Theory Group of the University 
of Texas, who is a Nobel laureate in physics and a recipient of the 
National Medal of Science.
  Mary Jo White formerly served as U.S. attorney for the Southern 
District of New York from 1993 to 2002.
  Madam President, these are the people who said we need to do what I 
am recommending, not some people--with all due respect--you might not 
meet or ever know who come up with a number.
  Can you possibly imagine a more serious group of people who have 
looked at the threat to the United States, and who have given us a 
report only a few weeks ago? And here we are debating what needs to be 
done in homeland security. With great respect to those who are charged 
with living within the caps that are provided, they are saying to us, 
in this report--and I will quote from it--you need to do a lot more. 
America is vulnerable. America is in danger. What more serious group 
could we listen to?
  Can you imagine if this group came to us--or a similar group--and 
said that our military was underfunded, that we didn't have the 
resources to deal with the threats in Iraq and North Korea and 
elsewhere around the globe? How long would we wait before responding to 
that recommendation?
  Yet here we are with a similar group of people--former Chairmen of 
the Joint Chiefs of Staff, Directors of the CIA and the FBI, major 
figures in our society--recommending that we do more to protect our 
country, and we are not doing it.
  I am stunned by it. I know we have caps in these budgets. But we just 
passed, in the last 28 months--if you collectively add them up--almost 
$3 trillion in tax cuts. And a sizable piece of those tax cuts have 
gone to some of the most affluent Americans. This Congress, if it 
wanted to, could find resources by paring back--not by blowing through 
the caps, but by paring back--on some of the tax cuts we have given to 
the most affluent Americans.
  I represent a lot of affluent Americans in the State of Connecticut. 
I do not think I could find one of them who would not be willing to 
stand here and tell you: Roll back my tax cut if it means we can 
provide the resources to make America secure.
  I do not know of a single wealthy citizen who believes that their tax 
cut is more important than keeping America secure.
  What an indictment it will be. And we are told--in this report that 
you heard from Les Gelb--it is not a matter of if this happens but when 
it happens. When it happens, are we going to be prepared? Have we done 
the things necessary to keep our country strong?

  Here we are getting a clear message from those people who spent the 
time looking at this saying we ought to do more. I apologize for 
offering an amendment of $15 billion, but that is what it takes. We 
have offered amendments for $15 million, $60 million, and $100 million 
here and there for firefighters, reports, and studies and to put more 
guards on the border. I said: Why not have an amendment that 
encompasses what this report recommends? That is what Senator Stabenow 
and I said. Let's put it on the line. Instead of nickel and diming 
this, let's say whether or not we in this body think the 
recommendations of these distinguished Americans deserve our support 
and in the waning days before we take a month off in August to go out 
and have a nice vacation for ourselves, whether or not we have the 
intestinal fortitude to step up and do what needs to be done to put 
this country on a more sound and secure footing.
  That is the vote I will be asking our colleagues to make shortly on 
this issue. There will be a point of order and a motion to waive, and 
we can get confused. Let there be no doubt about what the vote is. The 
vote is not a point of order. The vote is whether or not we are going 
to have the resources to do what needs to be done, according to this 
report.
  Let me share some of its conclusions. I see my colleague from 
Michigan. I want to give her the opportunity to be heard as well. But I 
want my colleagues to understand what we are going to be rejecting, 
having seen what has happened over the last several days. We will 
reject this, I presume. I would love to be proven wrong, but I suspect 
I will not. Just so the record is clear, I will ask unanimous consent 
that this report be printed in the Record. I will exclude the 
appendices and other materials. So every American who may not get a 
copy of this report, it can be pulled up on their Web site and they can 
read the report. I am not making it up. If you are interested in 
knowing what is in this report, you can read about it in tomorrow's 
Congressional Record.
  I ask unanimous consent that the body of the report be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Report Prepared by the council on Foreign Relations--Conclusions and 
                            Recommendations


        1. Define and Provide for Minimum Essential Capabilities

       The Task Force found that there is no systematic national 
     standard that defines the essential minimum capabilities for 
     emergency responders that every jurisdiction of a given 
     population size should possess or be able to access. Because 
     of this, there are currently no comprehensive, systematic, 
     and consolidated principles or measures against which the 
     degree and quality of preparedness can be tracked nationwide. 
     Current efforts to develop such standards are inconsistent 
     and dispersed among various government agencies and 
     nongovernmental organizations. Additionally, existing 
     standards for minimum capabilities for emergency responders 
     are a patchwork with many missing pieces that lacks 
     systematic integration, are insufficient to address many 
     major challenges--including that of catastrophic terrorism 
     involving WMD--and are not harmonized across the many types 
     of emergency responders. While existing standards provide a 
     useful starting point, they do not constitute ``national 
     standards for emergency response training and preparedness,'' 
     as called for in the National Strategy for Homeland Security. 
     (A selection from this document is included in Appendix B.) 
     At the end of five years of federal funding, therefore, some 
     metropolitan areas may still lack fundamental emergency 
     responder capabilities.
       Congress should require DHS and HHS to work with other 
     federal agencies, state and local emergency responder 
     agencies and officials, and standard-setting bodies from the 
     emergency responder community to establish clearly defined 
     standards and guidelines for federal, state, and local 
     government emergency preparedness and response in such areas 
     as training, interoperable communication systems, and 
     response equipment. These standards must be sufficiently 
     flexible to allow local officials to set priorities based on 
     their needs, provided that they reach nationally determined 
     preparedness levels within a fixed time period. These 
     capabilities must be measurable and subject to federal audit.
       Congress should require that the FY05 budget request for 
     DHS be accompanied by a minimum essential emergency responder 
     capability standard of WMD- and terrorism-related disaster 
     equipment and training per 100,000 persons in a metropolitan 
     region, and by separate standards for rural areas. Each 
     recipient state and metropolitan area should then be required 
     to submit a plan detailing how it intends to achieve that 
     standard, to incorporate it into all appropriate training 
     programs, and to regularly test its effectiveness.
       National performance standards could be implemented through 
     an incentive grant system making federal funding conditional 
     and available to those localities that adopt federally 
     approved standards of preparedness.


                  2. develop requirements methodology

       National capability standards for levels of preparedness 
     must drive an emergency preparedness requirements process. 
     This process must evolve into one similar to that currently 
     used by the U.S. military. Threats must be identified, 
     capabilities for addressing threats determined, and 
     requirements generated for establishing or otherwise gaining 
     access to necessary capabilities. The Task Force found that 
     the administration and Congress were funding emergency 
     preparedness without any agreement on methodology to 
     determine how much is enough or what the requirements are. It 
     is therefore extremely difficult, if not impossible, to 
     measure how well prepared the United States is.
       Congress should include in the FY04 appropriations for DHS 
     and HHS a provision calling on each agency to accompany the 
     FY05 budget request with a detailed methodology for 
     determining the national requirements for emergency responder 
     capability and assistance.
       Congress should require that DHS and HHS submit a 
     coordinated plan for meeting national preparedness standards 
     by the end of FY07.
       Congress should require DHS and HHS to report annually on 
     the status of emergency preparedness across the United 
     States. This report should indicate the levels of federal, 
     state, and local expenditures for emergency 
     preparedness, evaluate how effectively that funding is 
     being used, and assess the status of preparedness in each 
     state based on national preparedness standards.

[[Page S9835]]

                   3. accept necessary burden-sharing

       The Task Force found that there were no accepted national 
     guidelines for determining the nature of burden-sharing 
     between the federal government and state and local 
     jurisdictions. Although state and local jurisdictions should 
     maintain primary responsibility for funding normal levels of 
     public health and safety readiness, the Task Force found that 
     the federal government should be responsible for providing 
     the funds necessary to cover the incremental costs of 
     achieving essential standards in responding to the additional 
     national security threat posed by terrorism. In some 
     outstanding cases, federal funds may be required to enhance 
     state and local emergency responder infrastructure that has 
     been starved of resources if the deterioration of 
     capabilities is such that it poses a threat to national 
     security and state and local resources are not reasonably 
     sufficient for addressing this shortfall.


                4. guarantee sustained multiyear funding

       The Task Force found that many state and local governments 
     are unwilling or unable to accept federal funding for 
     programs that will generate long-term costs in the absence of 
     guarantees that the federal government will make funds 
     available for sustaining such programs. Stable and long-term 
     funding is critical for encouraging state and local 
     governments to develop the necessary emergency response 
     capabilities and, most critically, to sustain them over time.
       Congress should accompany all authorizations for emergency 
     responder assistance grants in FY04 and thereafter with 
     budget authority for sustaining those grants through the 
     following two fiscal years.


                     5. refocus funding priorities

       The Task Force found existing systems for determining the 
     distribution of appropriated funds to states to be badly in 
     need of reform. The federal government currently determines 
     levels for emergency preparedness funding to states 
     primarily on a formula that guarantees minimum funding 
     levels to all states and then determines additional 
     funding based on each state's population. All citizens of 
     the United States deserve a base level of protection 
     regardless of where they live. Nevertheless, the state and 
     population-drive approach has led to highly uneven funding 
     outcomes. Wyoming, for example, receives $10.00 per capita 
     from DHS for emergency preparedness while New York State 
     receives only $1.40 per capita. While this approach may 
     have political appeal, it unnecessarily diverts funding 
     from areas of highest priority. In addition, decision by 
     state officials regarding the allocation of funds in their 
     states have not sufficiently taken into account the 
     multitude of necessary factors.
       Congress should establish a system for allocating scarce 
     resources based less on dividing the spoils and more on 
     addressing idenfitied threats and vulnerabilities. To do 
     this, the federal government should consider such factors as 
     population, population density, vulnerability assessment, and 
     presence of critical infrastructure within each state. State 
     governments should be required to use the same criteria for 
     distributing funds within each state.
       Congress should also require each state receiving federal 
     emergency preparedness funds to provide an analysis based on 
     the same criteria to justify the distribution of funds in 
     that state.


                 6. rationalize congressional oversight

       The Task Force found that the proliferation of committees 
     and subcommittees in Congress makes it hard to devise a 
     coherent homeland security policy and a focused homeland 
     defense system. Congress needs to have a lead committee, or 
     an effective joint committee, to shape overall policy. 
     Otherwise the system is likely to be fragmented and plagued 
     with pork.
       The U.S. House of Representatives should transform the 
     House Select Committee on Homeland Security into a standing 
     committee and give it a formal, leading role in the 
     authorization of all emergency responder expenditures in 
     order to streamline the federal budgetary process.
       The U.S. Senate should consolidate emergency preparedness 
     and response oversight into the Senate Government Affairs 
     Committee.


                  7. accelerate delivery of assistance

       The Task Force found that many metropolitan areas and 
     states had actually received and spent only a small portion 
     of the funds for emergency responders that have been 
     appropriated by Congress since September 11. The current 
     inflexible structure of homeland security funding, along with 
     shifting federal requirements and increased amounts of 
     paperwork, places unnecessary burdens on state and local 
     governments as they attempt to provide badly needed funds to 
     emergency responders. While a balance should be maintained 
     between the need for the rapid allocation of emergency 
     preparedness funds and the maintenance of appropriate 
     oversight to ensure that such funds are well spent, the 
     current danger is too great to allow for business as usual. 
     According to the National Emergency Managers Association, 
     ``appropriation cycles have been erratic causing extreme 
     burdens on state and local governments to continue 
     preparedness activities when there is no federal funding, and 
     then forcing them to thoughtfully and strategically apply 
     several years of federal funds and millions of dollars at one 
     time.'' (NEMA, State Spending and Homeland Security Funds,'' 
     April 2, 2003) As a first step toward addressing this 
     problem, Congress instructed the DHS Office of Domestic 
     Preparedness in the FY03 consolidated appropriations measure 
     (P.L. 108-7) to distribute grant funds to states within 60 
     days of the enactment of the bill and required states to 
     distribute at least 80 percent of those funds to localities 
     within 45 days of receipt.
       Congress should ensure that all future appropriations bills 
     funding emergency response include strict distribution 
     timeframes as exemplified by the FY03 consolidated 
     appropriations measure.
       Congress should require states to submit data regarding the 
     speed of distribution of the federal funds for emergency 
     responders appropriated to states.
       Congress should grant DHS the authority to allow states 
     greater flexibility in using past homeland security funding. 
     As a first step in this direction, Congress should authorize 
     greater flexibility in the federal guidelines laid out in the 
     FY03 Omnibus Appropriations Bill for the percentages of funds 
     that can be used for various emergency response activities 
     (e.g., 70 percent for equipment, 18 percent for exercises, 7 
     percent for planning, 5 percent for training) to make it 
     possible for states to better allocate resources according to 
     their most urgent needs. This authority should be granted on 
     a case by case basis by means of a waiver from the Secretary 
     of the Department of Homeland Security.


                       8. fix funding mechanisms

       Many states have been mandated to develop more than five 
     separate homeland security plans. While the information 
     requested by each homeland security plan is similar, states 
     and communities are often required to reinvent the wheel from 
     one emergency plan to the next.
       DHS should move the Office of Domestic Preparedness from 
     the Bureau of Border and Transportation Security to the 
     Office of State and Local Government Coordination in order to 
     consolidate oversight of grants to emergency responders 
     within the Office of the Secretary.
       States should develop a prioritized list of requirements in 
     order to ensure that federal funding is allocated to achieve 
     the best return on investments.
       Congress should require DHS to work with other federal 
     agencies to streamline homeland security grant programs in a 
     way that reduces unnecessary duplication and establishes 
     coordinated ``one-stop shopping'' for state and local 
     authorities seeking grant funds. Efforts to streamline the 
     grants process should not, however, be used as a 
     justification for eliminating existing block grant programs 
     that support day-to-day operations of emergency responder 
     entities. In many cases, such grants must be expanded.
       Congress should create an interagency committee to 
     eliminate duplication in homeland security grants 
     requirements and simplify the application process for federal 
     grants.


                     9. disseminate best practices

       Although emergency responders have consistently identified 
     as a high priority the need to systematically share best 
     practices and lessons learned, the Task Force found 
     insufficient national coordination of efforts to 
     systematically capture and disseminate best practices for 
     emergency responders. While various federal agencies, 
     professional associations, and educational institutions have 
     begun initiatives to develop and promulgate best practices 
     and lessons learned, these disparate efforts generally are 
     narrow and unsystematic and have not sufficiently reached 
     potential beneficiaries. Such information-sharing could be 
     one of the most effective ways to extract the greatest amount 
     of preparedness from a finite resource pool. Once centralized 
     and catalogued, such data will allow all emergency responders 
     to learn from past experiences and improve the quality of 
     their efforts, thereby assuring taxpayers the maximum return 
     on their investment in homeland security. Access to this 
     resource will provide the analytical foundation for future 
     decisions regarding priorities, planning, training, and 
     equipment.
       Congress should establish within DHS a National Institute 
     for Best Practices in Emergency Preparedness to work with 
     state and local governments, emergency preparedness 
     professional associations, and other partners to establish 
     and promote a universal best practices/lessons learned 
     knowledge base. The National Institute should establish a 
     website for emergency preparedness information and should 
     coordinate closely with HHS to ensure that best practices for 
     responding to biological attack are sufficiently incorporated 
     into the knowledge base.


                 10. enhance coordination and planning

       The Task Force found that although effective coordination 
     and planning are among the most important elements of 
     preparedness, jurisdictions across the country are 
     neither sufficiently coordinating emergency response 
     disciplines within their jurisdictions nor adequately 
     reaching across jurisdictional lines to coordinate their 
     efforts with neighboring communities. Although Title VI of 
     the Stafford Act (P.L. 106-390) authorizes the Director of 
     FEMA to coordinate federal and state emergency 
     preparedness plans, this authority has not been applied 
     sufficiently to ensure adequate levels of coordination and 
     planning between and among federal, state, and local 
     jurisdictions. In addition, state and local emergency 
     management agencies lack the resources to develop and 
     maintain critical emergency management capabilities. More 
     also needs to be

[[Page S9836]]

     done to encourage and facilitate mutual aid and other 
     cross-jurisdictional agreements that pool resources, 
     minimize costs, and enhance national preparedness.
       DHS should require that all states and territories submit 
     statewide mutual assistance plans, including cross-border 
     plans for all cities and counties adjoining state or 
     territorial borders. Reference to such plans should be 
     required in all homeland security grant applications for 
     federal funding. Wherever possible, grants should be 
     structured to reward the pooling of assets across 
     jurisdictional lines.
       DHS should develop a comprehensive national program for 
     exercises that coordinates exercise activities involving 
     federal agencies, state and local governments, and 
     representatives from appropriate private sector entities 
     including hospitals, the media, telecommunications providers, 
     and others. These exercises should prepare emergency 
     responders for all types of hazards, with a specific focus on 
     WMD detection and response. When necessary, funds should be 
     provided to ensure that exercises do not interfere with the 
     day-to-day activities of emergency responders.
       Congress should work with DHS to expand the capacity of 
     existing training facilities involved in the National 
     Domestic Preparedness Consortium and to identify any new 
     training facilities for emergency responders that may be 
     required.

  Mr. DODD. Let me read some of the executive summary. I am quoting 
directly.

       The tragic events of September 11, 2001 brought home to the 
     American people the magnitude of the danger posed by 
     terrorism on U.S. soil. Now in the aftermath of the September 
     11th attacks, the United States must assume--

  Remember who I told you wrote this report now--

     that terrorists will strike again, possibly using chemical, 
     biological, radiological, or even nuclear materials. The 
     unthinkable has become the thinkable. But although in some 
     respects the American public is now better prepared to 
     address aspects of the terrorist threat than it was two years 
     ago, the United States remains dangerously ill-prepared to 
     handle a catastrophic attack on American soil.
       On average fire departments across the country have only 
     enough radios to equip half the firefighters on a shift and 
     breathing apparatus for only one-third of our firefighters. 
     Only 10 percent of the departments in the United States have 
     the personnel and equipment to respond to a building 
     collapse. Police departments and cities across the country do 
     not have protective gear to safely secure a site following an 
     attack with weapons of mass destruction. Public health labs 
     in most states lack basic equipment and expertise to 
     adequately respond to a chemical, biological attack, and 75 
     percent of state laboratories report being overwhelmed by 
     testing requests. Most cities do not have necessary equipment 
     to determine what kind of hazardous materials emergency 
     responders may be facing.
       If the nation does not take immediate steps to better 
     identify and address the urgent needs of emergency 
     responders, the next terrorist incident could have an even 
     more devastating impact than the September 11th attacks. 
     According to data provided to the Task Force by emergency 
     responder professional associations and leading emergency 
     response officials from around the country, America will fall 
     approximately $98.4 billion short of meeting critical 
     emergency responder needs over the next five years if current 
     funding levels are maintained.

  That is my amendment. I can only put up a 1-year appropriation. We 
have roughly 5 in the bill before us. I put up an additional 15. That 
is 20. That gets you close to 98, if we did it each year over the next 
5 years. The amendment is not made up out of whole cloth. It comes from 
the recommendations of this task force I have cited.

       Currently the Federal budget to fund emergency responders 
     is about $28 billion over five years.

  It goes on, and I will not bore my colleagues. They can read it for 
themselves. It goes through what States may or may not be spending. The 
fact is, we know almost every State is facing huge deficits. The 
deficit of the State of California is $38 billion alone. My State is 
about $1.5 billion. In Michigan, it is around $4 billion. So you have 
roughly $100 billion in deficits. We read the other day that colleges 
and universities are going to raise tuition to make up for the 
shortfalls. The idea that States will allocate more money in light of 
their own fiscal difficulties is unrealistic. Candidly, the report 
says, over the next number of years, we cannot rely on States to fill 
in the gap. They are not going to be able to do it.
  By the way, I want to repeat a point. I think it was tremendously 
worthwhile that Pete Peterson, the leader of the Concord Coalition and 
also the Center for Strategic and Budgetary Assessments, two of the 
Nation's leading budget analyst organizations, worked on these numbers. 
They say in the report that they are not claiming perfection, and there 
is a need to do a far better assessment of overall needs. But they also 
quickly say: You can't wait until you get all the assessments and 
perfection. You have to be on a dual track. I am almost quoting the 
report here, that you need to do a better assessment, but 
simultaneously we have to get the resources out to support the efforts 
being made to make us more secure.

  We have had very strong organizations looking at what needs to be 
done. The additional funds that we are talking about in this amendment 
and some we have already voted on would allow for additional resources 
to support homeland security.
  We would extend the emergency 911 system nationally to foster 
effective emergency data, to significantly enhance urban search and 
rescue capabilities of major cities and the Federal Emergency 
Management Agency in cases where buildings or large structures collapse 
and trap individuals; to foster interoperable communications systems 
for emergency responders across the country. This is a major area. I do 
not know of a single colleague that has not heard from their police and 
fire departments about the inability to communicate with each other.
  On the interoperability of the telecommunications systems, there is a 
real gap across the country and a tremendous demand. Some have 
estimated the cost to be $400 or $500 million--and that may be low--to 
get the ability of our first responders to be able to talk to one 
another. That is a major item.
  Again, citing from the report, to enhance public health preparedness 
by strengthening laboratories' disease tracking communications by 
training public health officials; to strengthen emergency operations 
centers for local police, public safety coordination; to provide 
protective gear and weapons of mass destruction remediation equipment 
to firefighters; to support an extensive series of national exercises 
that would allow responders to continually learn and improve on 
effective response techniques; to enhance emergency agricultural and 
veterinarian capabilities for effective response to national food 
supply attacks; to develop surge capacity in the Nation's hospitals and 
to help them better prepare for weapons of mass destruction attacks; to 
enhance capacity for emergency medical technicians, paramedics, and 
others to respond to mass casualty events.
  This is just a list of the things they are talking about that they 
think are necessary.
  They point out the importance of coordinating. I will not read all of 
that. I will put it in the record so Members who want to read the 
report for themselves can get a better feel for what is necessary.
  I mentioned already some of the tremendous shortcomings that occur. 
Again I quote from the report:

       It is impossible to overestimate the need to prepare for 
     this threat. One way of understanding America's urgent need 
     to prepare is to ask the question: If we knew that there was 
     going to be a terrorist attack sometime in the next 5 years, 
     but did not know what type of attack it would be, who would 
     carry it out, or where in the United States it would occur, 
     what actions would we now take and how would we allocate our 
     human and financial resources to prepare?
       The American people must assume this is the situation this 
     Nation currently faces.

  So we can anticipate an attack in the next 5 years. We don't know 
where or when, but it is going to come. What better warning could you 
have? What is history going to say about us? You had a report. You were 
told by highly competent individuals what a shortcoming you face.
  This is only $15 billion. We are spending $5 billion every month in 
Iraq and Afghanistan--$1 billion a week in Iraq and $1 billion a month 
in Afghanistan. That is $15 billion in 3 months to try to deal with the 
threats there. I am asking for $15 billion for a whole year to make us 
more secure.
  I certainly understand the reasons why we have to do what we do in 
Iraq and Afghanistan. I am not suggesting that is a bad idea. Don't 
misunderstand me. But if it is good enough to keep us secure by doing 
that there, and there is a report telling us we are not doing enough at 
home, can't we at least do what we do in those two countries on a 3-
month basis in this country for a year to make us more secure?

[[Page S9837]]

  Frankly, I don't understand why we are debating this. I would have 
thought we would have been told this is what we have to do, based on 
the best analysis of what needs to be done here. If we knew we were 
going to face a terrorist attack and we didn't know what type it would 
be, who would carry it out, where it would occur, what actions would we 
take now? I suspect that I would be overwhelmed by people who would 
want to be here to support an amendment to add these numbers.
  As I said, we have not defined the national standards of 
preparedness. This report points it out--the essential capabilities of 
every jurisdiction, considering size, who would have immediate access 
to it, and so forth. This report clearly says you cannot wait for those 
reports to be done. I will quote again from the report. I think there 
is stunning language here:

       The United States must rapidly develop a sophisticated 
     requirement methodology to determine the country's most 
     critical needs and allow for the setting of priorities and 
     readiness training and procurement. The United States does 
     not, however, have the luxury of waiting until an 
     overreaching process is created to fund urgently needed 
     enhancements to current capabilities. In the nearly 2 years 
     since the September 11 attacks, Congress has dangerously 
     delayed the appropriation of funds for emergency responders, 
     Federal agencies have been slow getting funds to State and 
     local jurisdictions, and States have hampered the efficient 
     dissemination of much needed Federal funds to the local 
     level. The overall effectiveness of Federal funding has been 
     further diluted by a lack of process to determine the most 
     critical needs of the emergency responder community in order 
     to achieve the greatest return on investment. A dual-track 
     approach is therefore required while developing a reliable 
     systematic requirements methodology, and streamlining the 
     appropriations process must be a priority. The United States 
     must make its most educated guess based on incomplete 
     information about what emergency funds are needed 
     immediately.

  So it says that Congress has dangerously delayed the appropriations 
process. This is not a report prepared by a group of Democrats. I don't 
think George Shultz and the others in this group--you can go back to 
advisers who would associate themselves with some partisan report but 
this is hardly partisan. It is a cold analysis of where we are and what 
kind of trouble we are in. It is about what kind of trouble we are in. 
Either we understand this and respond to it, or we will suffer the 
consequences of a historical judgment that will indict us for not 
having done what needed to be done in these days.

  I will have more to say about this. I know some of my colleagues want 
to be heard as well. I don't fault my good friend from Mississippi, who 
has the unenviable task of chairing a subcommittee that has to grapple 
with these issues. I don't fault him in this. He is faced with the 
budget constraints we have adopted. I thank him for his commitment to 
these issues.
  As I say, with a great deal of reluctance I have offered this 
amendment. It is a large amount--$15 billion--but I thought that 
instead of trying to go through 25 different amendments of little 
pieces here and there, we would lay out on the table this report and 
its recommendations and suggest how we might do it.
  It is painful, obviously, to roll back something you have already 
adopted. But imagine what they would say about us historically--that we 
didn't want to roll back a tax cut--not all of it but just for those in 
the most affluent group of our citizens, and ask them to take a little 
less for a while in order to let us fund homeland security. Can you 
imagine what history may say 50 or 100 years from now, after we have 
gone through a series of events, that Congress had a report that warned 
otherwise in 2003 but they just could not find a way to do it, and we 
didn't fund it properly, so our people faced a great threat?
  I don't understand how we would allow ourselves the vulnerability of 
that kind of historical judgment. So that is why I have put language in 
here to suggest how this could be done. Yes, $3 trillion is a lot of 
money. It is a thousand billion dollars. One thousand billion dollars 
is a trillion dollars. A thousand million dollars is a billion dollars.
  I am asking for $15 billion out of a thousand billion, or the three 
thousand billion, in order to try to get this right. You cannot 
convince me ever that there is not enough room in that tax cut, those 
amounts, to find something here to make homeland security better for 
the people of our Nation. They deserve nothing less. They will be 
horrified to find out, if events occur, that we didn't do what we 
should have and could have done.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.
  Mr. COCHRAN. Madam President, the distinguished Senator from 
Connecticut has offered an amendment to add exactly, according to my 
addition, $14.408 billion to the total spending provided in this bill 
that funds the Department of Homeland Security.
  The statements that he makes regarding the Council on Foreign 
Relations report are certainly to be considered seriously by the 
Senate. They have done good work. Former Senators Warren Rudman and 
Gary Hart have worked hard to bring the attention of the whole country 
to the needs we have in this area.
  I think one thing overlooked is that the Department of Homeland 
Security's budget does not represent the total amount of spending being 
undertaken by the Federal Government, nor State and local governments, 
to do the things necessary to improve our capability not only to 
respond to natural and manmade attacks, or terrorist acts, but to 
prepare for them as well, and to improve our intelligence capability 
and what we are doing to find out what the terrorists are up to, who 
they are, and how they could pose threats to American citizens and our 
homeland.
  Much of the spending is done in other Departments that is not 
included in this amount. So to focus on this budget for this Department 
and say there is not enough money here to do what we need--of course 
there is not. There is no money in here for the CIA or the FBI. There 
is no money in here for doing things such as bioterrorism research on 
how we can protect ourselves against bioterrorism threats. That is 
being done by the Department of Health and Human Services, through the 
Centers for Disease Control. They are funded in other bills.
  This budget, and the budget request submitted by the President for 
homeland security, represents only 58 percent of the total Federal 
effort. So there is much more being done than is reflected in the 
budget of this Department and this appropriations bill which, 
incidentally, adds a billion dollars over the President's budget 
request for these activities. Much of that money is going to the first 
responders' effort this year and will next year.
  We cannot measure what we have done in the last 2 years and project 
it as to what we will do in the future. We cannot do it all in 1 year. 
We are making progress, and more progress needs to be made.
  It is not just a Federal program either, it is a national program. It 
involves all governments, all agencies, and the American people 
themselves. We are all more aware and more alert to the dangers and 
what we can do personally to help improve the security of our homeland. 
So the adding of $14.408 billion to this bill, with no corresponding 
offset, will violate the Budget Act because we are only allocated a 
certain amount of spending. When we go above that, then the bill 
becomes subject to a point of order that any Senator can make and the 
whole bill falls.
  So with a great deal of respect for my friend from Connecticut, I 
make a point of order under section 302(f) of the Congressional Budget 
Act that the amendment provides spending in excess of the 
subcommittee's 302(b) allocation.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. DODD. Pursuant to section 904 of the Congressional Budget Act of 
1974, I move to waive the applicable sections of that act for purposes 
of the pending bill and I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. Does the Senator from Michigan desire to 
speak?
  Ms. STABENOW. I ask unanimous consent to speak concerning the motion 
to waive the Budget Act on the Dodd-Stabenow amendment before 
proceeding with the vote.

[[Page S9838]]

  Mr. DODD. A motion to waive is a debatable motion.
  The PRESIDING OFFICER (Mr. Ensign). The Senator from Michigan.
  Ms. STABENOW. Mr. President, I rise to debate that motion and support 
Senator Dodd in his motion. I am very proud to be joining with him in 
the Dodd-Stabenow amendment concerning fully providing the resources 
for our first responders in our communities all across America. I 
appreciate the constraints our chairman is working under, but I cannot 
imagine a more important issue for all of us today than this particular 
amendment.
  This is not a partisan amendment. The terrorists who come do not 
decide who is a Republican or who is a Democrat, where one lives, their 
age or ethnic background. This is an issue for all of us as Americans, 
certainly for the people who work in this building who were directly in 
the line of attack on September 11, certainly for all of those across 
the country who understand that this is a new world since September 11, 
2001.
  When it comes to protecting our country from terrorists, we should do 
whatever it takes, period, to make sure we are safe. We cannot live by 
artificial limits, by bureaucratic budget procedures. Just as Congress 
has come together, working with the President, and said whatever our 
military needs, whatever it takes to prepare our men and women to be 
successful overseas, to support our military, to support our Department 
of Defense, we will do, period, to make sure our people are safe abroad 
as well as at home. We should do no less.

  I join with Senator Dodd in saying this should not even be an issue 
that we are debating once we have seen this report--the emergency 
responders are drastically underfunded and dangerously unprepared--a 
report that does not just deal with one department; they look across 
the range of issues that relate to our folks on the front lines being 
able to respond, and they have a report about which every single 
American should be concerned. We should take this as a blueprint and 
immediately respond to it.
  How do we determine what is the right amount to spend to protect our 
country? I cannot think of a more objective or credible group than the 
one which put this together. We should listen to the experts, and in 
this case a bipartisan commission of experts, charged with this task, 
who determined we need to spend an additional $98.4 billion over 5 
years on top of what we are doing today. This is a shocking difference 
between what the American people need, what we need, and what we are 
providing as a Congress representing those American people.
  This conclusion was reached by an impressive bipartisan commission. 
As the Senator from Connecticut has already indicated, it is led by 
former Republican Senator Warren Rudman, former White House 
cybersecurity chief Richard Clarke, and just to mention a few of those 
who have put these recommendations together for us and for the American 
people, a highly respected list of Americans, including the former 
Chairman of the Joint Chiefs of Staff, ADM William Crowe, former Reagan 
Secretary of State George Shultz, and former FBI Director William 
Webster.
  When coming up with its conclusions, this distinguished panel 
consulted with organizations such as the International Association of 
Chiefs of Police, the International Association of Fire Chiefs, and the 
International Association of Fire Fighters. After much deliberation, 
this panel reached a dramatic conclusion, and the title of its press 
release says it all:

       Nearly 2 years after 9/11, the United States is still 
     dangerously unprepared, and underfunded, for a catastrophic 
     terrorist attack, warns New Council Task Force.

  I read from the summary of this report:

       Nearly 2 years after 9/11, the United States is drastically 
     underfunding local emergency responders--

  Police, fire, emergency medical personnel, others--

       and remains dangerously unprepared to handle a catastrophic 
     attack on American soil, particularly one involving chemical, 
     biological, radiological, nuclear, or high-impact 
     conventional weapons. If the Nation does not take immediate 
     steps to better identify and address the urgent needs of 
     emergency responders, the next terrorist incident could be 
     even more devastating than 9/11.

  Further, the summary reads:

       The task force met with emergency responder organizations 
     across the country and asked them what additional programs 
     they truly need--not a wish list--to establish a minimum 
     effective response to a catastrophic terrorist attack. These 
     presently unbudgeted needs total $9.84 billion, according to 
     the emergency responder community and budget experts.

  Finally:

       The . . . Task Force . . . based its analysis on data 
     provided by frontline emergency responders--firefighters, 
     policemen, emergency medical personnel, public health 
     providers and others--whose lives depend upon the adequacy of 
     their preparedness for a potential terrorist attack.

  This report says our local communities need much more than we are 
currently providing. This is not a critique from me, as the Senator 
from Michigan, it is not a critique by the distinguished Senator from 
Connecticut, it is not by any politician or any person right now who 
would gain from some partisan advantage. This is a group of experts on 
a bipartisan basis who come together as Americans to say we are not 
doing enough.
  This report reaches the same conclusion I have heard from my own 
first responders in Michigan. I have spent a great deal of time 
traveling across Michigan since last fall, and I have done over 11 
different townhall meetings in Michigan with police departments, large 
and small, fire departments, police chiefs, sheriffs--Republican 
sheriffs, Democratic sheriffs--those at the health department, the 
folks who run the emergency rooms at the hospitals, all of those 
involved, and overwhelmingly they have said: We are working very hard. 
We cannot do it alone. Please get beyond the ideological debate and 
talk about what we need to prepare us to be safe.
  It cannot be done just by asking the local city, township or county 
to provide additional resources alone. This is a national attack on our 
country. It needs a partnership from all of us, and they are speaking 
loudly that they need our help. More importantly, we need to make sure 
they are prepared and they are stepping up to the effort.
  Unfortunately, they are receiving less from our State governments 
that are uniformly in a budget crisis. In Michigan, we are seeing about 
26 percent of their general fund budget lost through the economy, 
through various decisions made at the State level. They need our help.

  This amendment is much more than dollars. It is really not about the 
dollars. It is about being safe. It is about being prepared. It is 
about saying, We get it; we understand we have to do whatever it takes 
to be able to say to our own families: We are prepared in case another 
attack comes.
  I heard from Michigan police and firefighters and emergency 
responders that the issue of radios is not some theoretical debate. The 
ability to communicate between the fire department and the police 
department or the city and the county, to be able to communicate in a 
way to respond most effectively if there is a message or an attack is 
not happening because of the lack of radios. They do not have the 
state-of-art radio technology, interoperability, to be able to 
communicate with one another. Imagine how difficult it is to coordinate 
a response after a terrorist attack if the department has only 
antiquated radio equipment. How basic can you get than being able to 
make sure people can communicate with each other?
  This is not rocket science. We are talking about the ability to 
communicate, so they can call someone; so when you call 9-1-1 you know 
the folks on the other end can call the right people and talk to them 
to give you the help you need, to get the response you need in the 
community.
  The Rudman report concluded, on average, fire departments across the 
country only have enough radios to equip half the firefighters. Only 33 
percent had proper breathing apparatus. So there is a one out of two 
chance that the fire department will be able to communicate and only 
one-third of the personnel in the community have breathing apparatus. 
Furthermore, only 10 percent of United States fire departments have the 
personnel and equipment to respond to a building collapse. The Rudman 
report also stated that police departments in cities across

[[Page S9839]]

the country do not have the proper protective gear to safely secure a 
site following a weapons-of-mass-destruction attack. This type of gear, 
which we have as Senators and for staff, costs money to procure. 
Tragically, the men and women on the front lines of the war on terror 
do not have the equipment. They do not have the equipment I have in my 
office. That does not make sense. That is not fair. It is not right. 
There is not one American that would think we are doing the job when 
they look at the facts in this report.
  The Rudman report said public health labs in most States still lack 
basic equipment and expertise to properly respond if there is a 
chemical or biological attack. In fact, 75 percent of State labs say 
they are overwhelmed with current testing loads. It is not that folks 
do not want to be prepared. It is not that they cannot have the 
expertise. These are competent people. It is a question of training. It 
is a question of having the right kind of equipment and technology. 
This is the United States of America. We can do better. We have to do 
better.
  There are many other concerns. I have heard from local safety 
officials during my 11 town hall meetings. I heard from police chiefs 
who say they need resources to provide training, not only to have the 
trainer come in, but when you take an officer off the beat, off their 
regular assignment, for a week or 2 weeks or longer, we have to replace 
them or pay overtime to their replacement. That costs resources which 
are very difficult to come up with. So training becomes a major 
challenge for them--both in losing their staff to regular assignments, 
answering those calls in the neighborhoods, as well as the costs of the 
training and the equipment needed relating to the training. This 
becomes a major issue.

  I believe the U.S. Government needs the flexibility, as well, so we 
are not tying their hands. We are saying these are the resources 
available, you decide what you need in training and equipment and make 
sure you have enough staff. You make those decisions. This is 
important. This is front-line defense. I trust the men and women in the 
State of Michigan and across the country to make the right decisions 
about what they need to be prepared and to keep us safe.
  We have a motion challenging this amendment because it costs dollars. 
I reiterate, we spend resources and we make priorities every day based 
on what is important, what are our values, what are the most important 
things that affect Americans, that affect our families, that affect our 
communities. I cannot imagine something more important than this issue. 
I cannot imagine saying to families--and God forbid something happens--
we were not willing to commit what was needed to keep you safe.
  As my colleague from Connecticut said, we are spending about $4 
billion a month, in other words, $1 billion a week in Iraq, almost $50 
billion a year. This amendment costs less than a third of that to keep 
us safe at home. We know the tax cut passed earlier this year is much 
more than this amendment. The 10-year cost of the tax cut was almost $1 
trillion. The total price tag includes $400 billion in tax cuts for 
those at the very top income bracket, and those with stock dividends 
and capital gains. In the State of Michigan there is not one person 
receiving another tax cut who is doing very well in the State of 
Michigan who would not say to me: Make sure my family is safe, first. I 
appreciate having another tax cut, but I want to make sure my family is 
safe. I am willing to wait a little bit. I will delay that because 
there is a higher value, a higher priority here. That is, making sure 
we do not lose human life in America on our own soil through another 
attack.
  We can afford this amendment. All we need to do is slightly scale 
back some of the tax relief--again, to those who do very well in our 
country. We want everyone to do well in our country. We want everyone 
to have the opportunity to succeed. But we want to make sure, first, 
that they and their families are safe.
  It does not matter how much you make in this country when it comes to 
a terrorist attack; we are all the same. We all join in wanting to make 
sure we are safe. God forbid there is another terrorist attack on our 
country. I hope and pray there will not be. But we must be fully 
prepared. We cannot be partially prepared. We cannot be half prepared. 
We need to do whatever it takes to help our firefighters, police 
officers, and first responders to protect us from terrorism.
  As we watch the television news, we see a world in turmoil. There is 
violence against our own soldiers in Iraq. We watch Iran and North 
Korea develop nuclear weapons that could be sold to terrorists. We have 
not yet found Osama bin Laden. We cringe when we hear about increased 
nuclear tensions between Pakistan and India. And we are now witnessing 
chaos in Liberia. Since September 11, we live in a new world. We can no 
longer sit back and wait.
  We must take action now to protect the American people. This 
amendment will do that. This amendment is based on those who have 
studied and have expertise and care deeply as Americans about keeping 
us safe and secure. This is not a political amendment. This is not an 
amendment designed in some way to split Democrats and Republicans. This 
is an amendment designed to meet the needs of those who are charged 
with protecting us.
  The Homeland Security bill before the Senate provides the Department 
of Homeland Security with $28.5 billion for the next fiscal year. While 
it is a first step, this report makes it clear it is not enough to keep 
us safe. Protecting our country is not something we should simply 
squeeze into the normal appropriations limits. We are vulnerable. We 
must act now, not later. Otherwise, I am concerned that we will be 
sorry.

  When my colleagues vote, I urge you to think of all those unmet needs 
in your State, in your community. Think of all the critical 
infrastructure that is barely protected, and consider what a biological 
attack could do to you and your family and to the people you represent, 
and then join with us in doing what the experts are telling us to do: 
Provide what is needed, whatever it takes to keep us safe.
  We can do better for the American people. We are America; we can do 
what it takes to keep us safe. This amendment puts us in the direction 
of doing that. I urge support for it and support for a motion to waive.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, we are hearing a lot about the costs of 
the war. I am not addressing the need for homeland security per se. But 
I would point out, this bill before us now is over $29 billion for a 
Department that did not even exist 6 months ago. During the period of 
time of the blockade of Iraq following the Persian Gulf war, to carry 
out the mandates of the United Nations we built a new airbase, Prince 
Sultan Air Base in Saudi Arabia, the largest airbase in the world. We 
built a new airbase in Aviano. We built a new Army base in Kuwait. For 
12 years, we maintained forces to blockade Iraq and to enforce the no-
fly zones set forth by the agreement with Saddam Hussein after the 
Persian Gulf war.
  I have asked the staff to get me the figures of how much that cost, 
how much did it cost to carry out the mandates of the United Nations 
following the Persian Gulf war, primarily because he did not comply 
with the agreement he made at the termination of that war. I believe it 
goes into the hundreds of billions of dollars that we spent in 12 
years.
  It is costing us a great deal of money to keep our forces in the 
field now. Hopefully, that will come to an end soon. But so has the 
cost of the blockade of Iraq. So has the cost of Prince Sultan. So has 
the cost of maintaining that Army base in Kuwait. Very soon we will be 
able to stand down a considerable portion of the people who are at 
Aviano in Italy. Those costs, by the way, were in addition to the costs 
we spent in Bosnia during the same period, and in Kosovo during the 
same period.
  The American taxpayer has been bearing an enormous cost for many 
years to deal with the deployment of forces overseas. Hopefully, what 
we have done now will bring to an end, or at least to a very low 
minimum, the cost of maintaining forces in that area.

  I believe we have taken actions that were necessary but I also know 
that we have done a lot to improve the morale of the Air Force. I 
personally, along

[[Page S9840]]

with my good friend from Hawaii, talked with many of the pilots who 
were flying what we call the CAP, the constant air patrol, over Iraq. 
They were shot at almost daily by missiles fired by Saddam Hussein. 
They lived in a period of constant terror, as they flew over those 
areas, that they would be attacked by the ground-to-air missiles. Thank 
God, they survived them. But it led to a period of time when our 
reenlistment rate in the Air Force reversed itself from about 72 
percent, down to about 28 percent of our people reenlisted to fly in 
the Air Force, because of the strain of the constant air patrol over 
Iraq.
  But I do think people ought to keep in perspective, when they say we 
can afford this, this amendment of the Senator from Connecticut, 
because we are spending so much money in Iraq--we have been spending a 
lot of money for a lot of years. The trouble is, we have to come back 
and have some perspective.
  The amendment before us exceeds the budget by an enormous amount. It 
does not offset that, saying let's stop spending money somewhere else 
because, in fact, we cannot do that. There is no offset.
  Under the circumstances, I think we ought to start having some 
discipline around here. That is what we are supposed to do because of 
the Budget Act. The Budget Act was supposed to give us discipline.
  We are facing now a constant parade of amendments that the authors 
know is beyond the budget. The authors know we don't have the money. 
The authors know we found as much money as we possibly can find to 
allocate to homeland security for the fiscal year 2004.
  I do hope Members will start thinking about the concept of 
affordability. We will soon stop spending that money that we are 
spending for the postwar security in Iraq and we will no longer have to 
maintain the blockade. We have had part of our Coast Guard over there 
for years, to try to stop the illegal exports and imports into Iraq. We 
had about 40 percent of our Air Force over there in those two major 
bases, Prince Sultan and Aviano, to maintain control of the air over 
Bosnia, Kosovo, and Iraq.
  I do think we ought to keep in perspective what we have done, in 
terms of future expenses for our military. I hope we will not have a 
justification that we can spend this money the Senator from Connecticut 
wants to spend because we are spending too much money in Iraq. We are 
spending a lot of money in Iraq but it is not too much money. It is 
money well spent because it will terminate the expenses we have had to 
incur over the last 12 years.
  Mr. DODD. Mr. President, before my good friend from Alaska leaves, 
and he is my good friend, the point I am making--I supported this. The 
needed resources there make sense. I am not suggesting in any way that 
the resources we are spending there somehow ought to be subtracted. I 
was making the point that, while we were doing the right thing, 
obviously, as part of our security--and no one knows these issues 
better than the chairman of the appropriations subcommittee and his 
colleague, Dan Inouye, when they go into matters of what we need for 
our national security system. I respect them.
  My point here is, we are being told, as we have been told by others, 
we need to do more at home if we are going to meet the security needs 
of the American people. Just as we are doing that, we merely pointed 
out, my colleague from Michigan and I, what we are spending on a weekly 
basis for reconstruction in Iraq and trying to get Afghanistan on its 
feet. We accept the notion that is going to be critical. Our point 
simply was, can you imagine someone coming in saying: ``We are not 
doing enough; we need more to get the job done over there but, I'm 
sorry, we can't afford to do what our men and women in the Armed Forces 
need; there are budget caps and we just don't have the resources''?
  That argument wouldn't find five supporters here. The point Senator 
Stabenow and I are trying to make is we have men and women in uniform 
here as well. They are called firefighters, police, emergency medical 
personnel, hospital attendants and doctors and physicians and 
scientists. They are coming to us, in this report, and saying we have 
some real problems here at home. We are vulnerable. We are vulnerable.
  What we are saying is, can we not find the resources? We have 
identified a source, which this Congress, if it has the will to do it, 
can come up and meet the challenge.
  Ms. STABENOW. Will my colleague yield for a question?
  Mr. DODD. I am happy to yield to my colleague.
  Ms. STABENOW. I wonder if you might respond a little more on how we 
will be able to find the dollars? Because, as both of us have 
indicated--I know you have indicated in Connecticut; I have indicated 
it in Michigan--there are those who are doing very well, certainly in 
my State. They have the same concerns as everybody else about being 
safe and secure. If we ask them to be willing to delay receiving a 
little bit more back in their pockets, those who are doing very well, 
in order to be able to put it into keeping their families safe, I think 
they would be willing to do that.
  Isn't that what the Senator is suggesting, that we look at our 
priorities and decide what is most important in terms of safety and 
security?
  Mr. DODD. The Senator from Michigan is absolutely correct. I 
represent one of the two most affluent--two or three most affluent 
States in the United States. Always, each year when they list what is 
the most affluent State in the country on the per capita, Alaska, 
Connecticut, and New Jersey are always competing No. 1, No. 2, No. 3. 
Of course, we also have some significant poverty in our State. But on a 
per capita basis, Connecticut is one of the most affluent States. I am 
confident, as I am standing before you, if you ask any of the people in 
my State who are in the $1 million or more income category--and I have 
a lot of them in my State and I know them; they are tremendously 
patriotic, successful individuals--if you ask any one of them whether 
they would be willing to forgo some of the tax cut we have provided 
them over the last 2 years in exchange for getting resources to make 
this country more secure at home, I guarantee every single one of my 
affluent constituents would say: Absolutely. Absolutely.
  They would be horrified to think that maybe they are being used as an 
excuse on why we can't do this, why we can't provide the additional 
resources.
  I know we can't break the budget caps. I am not suggesting, nor is 
the Senator from Michigan, we do that. What the Senator from Michigan 
suggests is here is a source of revenue for us. Here is a case where 
some $3 trillion, in 28 months--what is $3 trillion? Mr. President, $1 
trillion is one thousand billion dollars. We are talking about $15 
billion instead of three thousand billion, $15 billion of it to go to 
make America more secure, not because the Senator from Michigan and I 
sat down at some point and concocted a number together. We read, and I 
now put it in the Record so all America can read it, a report put 
together by a distinguished group of Americans, former Chairmen of the 
Joint Chiefs of Staff, Director of the FBI, the CIA, and formerly 
colleagues of ours who said, and I quote from the report, and it is 
worth repeating again because it needs to be repeated:

       Congress has dangerously delayed the appropriation of funds 
     for emergency responders.

  Dangerously delayed. Listen to the conclusion of this report. I will 
read it again. My colleague, I know, knows this but let me read it.

       The terrible attacks of September 11 have shown the 
     American public how vulnerable they are. Because attacks on 
     that scale had never happened before, the United States and 
     the American people were caught underprotected, unaware of 
     the magnitude of the threat facing them. In the wake of 
     September 11, ignorance of the nature of the threat or of 
     what the United States must do to prepare for future attacks 
     can no longer explain America's continuing failure to 
     allocate sufficient resources to preparing local emergency 
     responders. It would be a terrible tragedy indeed if it took 
     another catastrophic attack to drive that point home.

  That is the conclusion of George Shultz, of Admiral Crowe, of Les 
Gelb, of Director Webster. I read the list of the people who make up 
this report. These, with all due respect to congressional staffers, are 
Nobel laureates, William Webster, high-ranking former

[[Page S9841]]

chiefs of staff of the Army, national security advisers, White House 
employees over three administrations, Ronald Reagan appointees.

  This isn't a partisan document. It is compiled by serious Americans 
who know what they are talking about. And they are telling us we are 
dangerously inadequate in understanding what needs to be done to make 
America strong. Many wealthy Americans will be glad to forgo a part of 
their tax dollars in order to make us more secure at home. I know many 
of them in Connecticut--and I am confident my colleague from Michigan 
would say the same thing about her constituents----
  Mr. REID. Mr. President, will the Senator yield?
  Mr. DODD. Yes.
  Mr. REID. Is this the Rudman report?
  Mr. DODD. This is the Warren Rudman report. He chaired it. The senior 
adviser was Richard Clarke, who served for three American President's, 
and Jamie Metzl, along with a task force. I have read all of the names. 
I will put them in the Record.
  Mr. REID. I ask my friend if he would agree with the statement I am 
going to make.
  I had the pleasure of serving in the Senate with Warren Rudman. I 
want the Record to reflect that Warren Rudman is not some person who 
just came upon the scene. He is a distinguished American. He is a 
combat veteran from Korea, a marine, a veteran. He is very proud of 
that. When he served in the Senate, he did a lot of very distinguished 
things, not the least of which as chairman and as ranking member of the 
Ethics Committee for a long period of time. He went into the private 
sector. He retired from partisan politics and decided not to run for 
reelection.
  No one I know has ever in my presence criticized the former Senator 
from New Hampshire, Warren Rudman, for being anything other than a 
straight shooter. Any concern that people may have had was that 
sometimes he was a little too direct.
  Will the Senator agree with me that the distinguished American who 
led this panel and affixed his name to it is a person who, for lack of 
a better description, is a very patriotic American, who is, by the way, 
a card-carrying proud Republican, and who has devoted a great deal of 
his life to public service and has told us we need to do something to 
protect the people in the States we represent?
  Mr. DODD. In response to my colleague from Nevada, I served with 
Warren Rudman, as my friend from Nevada did. In fact, I was the fourth 
cosponsor of the Gramm-Rudman deficit reduction proposal and budget-
saving mechanism when it was first introduced and was the subject of 
such heated debate in this body in the early 1980s.
  I heard my colleague from Nevada yesterday talk about what a tight-
fisted Senator, Warren Rudman was as a Member of this body as well. He 
was not someone who was known as a profligate spender. He believed very 
strongly in budget discipline.
  By the way, we are low-balling the numbers. We are offering a little 
less than $15 billion. That is based on the assumption that States may 
be doing more.
  When you read this report, you will get into some of the details and 
you will wonder why Senator Stabenow and I didn't offer an amendment 
with more dollars based on its conclusions.
  The Senator from Nevada is absolutely correct. Warren Rudman is an 
individual who does serious work. This is the second report in which he 
has been involved. He was involved in an earlier one which was prepared 
along with another former colleague of ours, Senator Gary Hart, and got 
rave reviews by all who examined it. This report follows on as a result 
of that first report to determine where are we now after 2 years.
  As I have said over and over again, and as my colleague from Michigan 
has said over and over again, the conclusion of these serious people is 
that we are way short of what we ought to be doing. They tell us what 
needs to be done, and they lay out in fact where the shortcomings are.
  Senator Rudman is once again owed a deep sense of gratitude.
  It is sort of like the mythical figure Cassandra. For those who love 
mythology as I do, Cassandra was doomed in mythology to always telling 
the truth and never being believed. Senator Rudman is becoming sort of 
the Cassandra in this debate, if this goes where I think it is going.
  The Senator from Michigan and I have no illusions. She is a 
professional person who understands politics. She served in her State 
legislature for many years. We knew when we got up here that we 
probably weren't going to get 60 votes on this. So I am not fooled by 
what I face here with a waiver that we have to apply to a point of 
order. But we want to be on record, and we want our colleagues to be on 
record, to say when I was given a choice of where to be on this issue, 
this is where I came down; this is the side of the ledger on which I 
want to be recorded.
  Maybe we will be surprised and 60 of our colleagues will join us in 
voting for the waiver. But if that is not the case, let the American 
public then judge where people were when the choices needed to be made.
  I suspect we need to talk about this in more concrete terms.
  I was impressed with the remarks of the Senator from Michigan about 
the comments of the people in Michigan. I believe she held a number of 
hearings or discussions with people in her State about first 
responders. I wonder if she might share with us once again some of the 
concerns she heard from her fire and police and emergency medical 
personnel about whether or not they believe they are better prepared.
  We have heard from our distinguished panel of people who analyze this 
from more of a global perspective. But on the ground, in local 
communities--that may not have the benefit of Nobel laureates to 
examine all the laboratories in the country to look at this from a 
distance--what are they saying? What are our average police officers 
and firemen saying? What are our emergency medical personnel saying? 
How well do they think they are prepared?
  Ms. STABENOW. I thank my colleague again for his leadership on this 
issue.
  I have had 11 different meetings from Detroit--large urban areas--to 
Macomb County, all the way up to Marquette in the upper peninsula, and 
over to the west side of the State. This report talks about only 50 
percent of our firefighters having the radio equipment they need.
  I heard firsthand from the folks on the ground, and I am not sure it 
is even 50 percent. They talked about in some cases the fire department 
could not talk to the police department in the same city, that the city 
could not talk to the county.
  When we call 911, we expect that call is going to lead to a series of 
other communications, that it is going to get the right people to us, 
and that we are going to be able to respond quickly. In the case of a 
bioterrorism attack, the public health department, of course, is very 
concerned about the inability to communicate with the fire department. 
And it is not that they do not have radios; it is that they do not have 
interoperability. They do not have the same frequency. They do not have 
the same technology. There is newer and newer technology that allows 
them to communicate ideally all across the whole State.
  We hope we will be developing communications equipment that will have 
everybody in the county being able to talk to each other and able to 
talk around the entire State. But the radios, the communications 
systems were a major issue in those meetings.
  The second major issue was training, the ability to have the newest 
training, the newest equipment in case of a bioterrorism attack. And 
then, of course, the whole question of added personnel.
  I might just add, I believe the sense of urgency occurs here because 
of the lag time it takes when we approve the dollars to do the 
training, to get the equipment. I know last year, as a border State, in 
Michigan, this was a major issue for us. In Detroit, we have the 
largest border crossing of the northern border. We have over $1 billion 
in goods that come across the border every day.
  And when we put in place--thanks to the support of our colleagues on 
both sides of the aisle--additional resources for Border Patrol and 
Customs, it has taken almost a year to train those folks. We are just 
now seeing the increased personnel at the border as a result of 
decisions made a year ago to increase the dollars.

[[Page S9842]]

  Even if we do this now, we are talking about months or a year before 
the training can actually happen and take effect or that the 
communications equipment can be purchased and put together. I think 
there is even a greater sense of urgency as a result of the fact that 
it takes time once we even make the decision.
  Mr. DODD. I thank my colleague for her comments. Maybe there are some 
who believe that terrorism is no longer a problem, that these 
organizations are no longer viable. I hope there are very few people 
who would embrace that belief. One needs only to read the papers every 
day to learn that even in Iraq it is not just a question of those 
members of the Baath Party who are apparently engaging in the 
assassination of our U.S. men and women in uniform in the military.

  We are now told there are terrorist organizations operating that have 
gotten into Iraq from Yemen and Saudi Arabia and elsewhere. We know of 
cell groups. There is hardly a day that does by that we don't read 
about another group that has been identified or where contacts have 
been made by organizations. This is a real threat and a growing one. 
Again, the report points it out.
  This is serious business. We should never again have to go through 
what we went through on 9/11 and the wake of 9/11. We cannot guarantee 
that, but there will be a tremendous indictment, in my view, 
historically if we don't act.
  Just look at some of these numbers that we have received on the 
inadequacy. There are 1 million firefighters who put their lives on the 
line every day. Yet we are told currently two-thirds of all fire 
departments operate with inadequate staff--two-thirds of all fire 
departments, first responders, with inadequate staff.
  In fact, as pointed out in testimony before the Committee on Science 
and Technology of the House of Representatives, on October 11, 2001: 
Understaffing had caused or contributed to firefighter deaths in 
Memphis TN; Worcester, MA; Iowa; Pittsburgh, PA; Chesapeake, VA; 
Stockton, CA; Lexington, KY; Buffalo, NY. There is about a fireman a 
day who loses their life or is seriously injured.
  Now they are being asked to do that which they never would have 
imagined, such as dealing with chemical materials. Imagine a major 
terrorist attack with how we had our departments. Look what they had to 
do on 9/11. Departments from Connecticut went into New York. 
Departments from New Jersey went into New York. Other departments tried 
to backfill to cover our departments that left. It was a nightmare.
  As the Senator properly points out, they could not even talk to each 
other. They did not have the proper interoperability of the phone 
systems. I would like say to my colleague that the problem has been 
corrected 2 years later, but it has not been. The fact is, it is still 
an incredible fact that most of our local people cannot even talk to 
each other, let alone talk across State lines where you have tremendous 
densities of population.
  Again, the budget shortfalls at the local and State level are huge. 
Pick up your newspaper. Today it is California, $38 billion in deficit. 
I mentioned earlier what the deficit is in Connecticut. I mentioned 
what I thought was Michigan's number. My colleague may want to correct 
me, but I believe it is bigger than $4 billion, as she pointed out. I 
don't know what it is in Nevada or Alaska. But every State is facing 
tremendous pressures to meet these obligations. So the numbers are 
shrinking on the State and local levels.
  By the way, while I have been critical about not doing more, I 
commend the Appropriations Committee. They upped the number $1 billion 
from what the President wanted. The Commander in Chief, in my view, 
ought to be leading on this issue and saying to Congress: I will help 
you get the money. We are going to provide the resources.
  With all due respect, we need more help. And if the Commander in 
Chief is even low-balling a number from what the committee did, below 
what we are told we need by $15 billion a year, where is the leadership 
on this issue? I will be happy to yield to my colleague.

  Ms. STABENOW. The Senator makes such an important point. I was 
thinking, as he was speaking about how we are losing a firefighter a 
day--I believe he said as a result of not being prepared for the 
challenges they face--we have people now, unfortunately on a daily 
basis, who are losing their lives in Iraq. We are deeply concerned 
about our troops.
  But can you imagine if we said that only half of our military men and 
women in Iraq could talk to each other through their radios, that only 
half or maybe only 10 percent have the training they need, or that they 
did not have the equipment they need. Our Commander in Chief, rightly 
so--our President--has stepped forward and said: Whatever they need to 
be prepared, we will make sure they have it.
  As the Senator has indicated--and as I have as well--the folks on the 
front lines at home, in their uniforms, should have no less 
consideration. Why don't we say, whatever you need--if you are wearing 
a firefighting uniform, a police officer's uniform; if you are 
emergency medical personnel--you ought to have whatever you need on the 
frontline fight because it is a war on terrorism. This should not even 
be a debate. I think when we compare it, it is startling to think about 
what we are saying to the men and women on the front lines at home.
  Mr. DODD. My colleague again raises a very good point. Again, I am 
told by staff that every one of our men and women in military uniform 
in Iraq and Afghanistan have with them devices that allow them to 
determine immediately if they have been affected by chemical or 
biological weapons. There is a certain amount of equipment or type of 
equipment they can have which will allow them to immediately know. And 
they should have it.
  The fact is, we have nothing like that available to our first 
responders at home who may be asked to respond to those situations.
  The Senator makes the point so well. Again, our discussion of what 
our military needs to protect our country is not the subject of this 
debate. The mere point we are trying to raise this issue is that we are 
spending this amount in these places, and if someone were to come in 
and say we need more--and they will, no doubt; I guarantee you, as I 
stand here, there will be a request saying we need more--I suspect 
there will not be just two or three Senators sitting here arguing about 
whether or not we are going to get it, and if there are budget points 
of order against an amendment, they will be defeated when they ask for 
a waiver. I guarantee you, it will go through here like a hot knife 
through butter when it comes.
  The issue is, we are making a similar case for a similar set of 
challenges.
  Because I don't think my colleague was here when I started the 
debate, let me just read the first lines of this report written by Les 
Gelb, who is now stepping down and is being replaced by Richard Haass, 
the new head of the Council on Foreign Relations. I think my colleague 
from Nevada will appreciate this:

       As I sit to write this forward, it is likely that a 
     terrorist group somewhere in the world is developing plans to 
     attack the United States or American interests abroad using 
     chemical, biological, radiological, nuclear, or catastrophic 
     conventional means. At the same time diplomats, legislators, 
     military intelligence officers, police, fire, and emergency 
     medical personnel, and others in the United States and across 
     the globe, are working feverishly to prevent and prepare for 
     such attacks. These two groups of people are ultimately in a 
     race with one another. This is a race we cannot afford to 
     lose.

  Right now we are losing the race, according to the report of people 
who tell us we are not meeting the requirements we should have. As we 
stand here, I promise you there are people somewhere planning to attack 
us. I know there are people in our Government working hard to stop it 
at the local, State, and national level. The distinguished group of 
people who compiled this report, led by a former colleague, says we are 
dangerously, inadequately not funding what needs to be done. We are 
losing the race.
  All our amendment suggests is, let's find the means. We can do this. 
This isn't brain surgery. This is not that hard. If we were faced with 
a similar question about whether or not we need more resources to 
protect our men and women in military uniform, we would do it, and we 
should do it. We should do no less for those here at home trying to 
protect us against a terrorist attack.
  Mr. REID. Will the Senator yield?

[[Page S9843]]

  Mr. DODD. I am happy to yield.
  Mr. REID. I hesitated because I think the final statements you have 
made here have so dramatically painted a picture of why we need to do 
something, not next Congress but now. I say to my two friends, the 
sponsors of this amendment, I personally very much appreciate the 
offering of this amendment. I appreciate it because we have had some 
other good amendments that have been defeated. But you have taken the 
approach that there are a lot of things that need to be done, that 
rifle shots won't work. We need to take into consideration the full 
impact of the Rudman report and do something about it.
  I am convinced, as the Senator has indicated, the amount the Senators 
have suggested is really too small. But I say to everyone within the 
sound of my voice, let's say the distinguished Americans who wrote that 
report are 10 percent off and they are asking for 10 percent more than 
is really needed. What harm will be done from that because we have too 
much protection? We all know what can happen if we do not have enough 
protection.
  I know the people of the State of Nevada are scrambling. On any given 
day in Las Vegas there are 300,000 tourists. People who are 
firefighters, police officers, medical personnel, when something goes 
wrong, have to take care of those tourists just as they do with someone 
born there. I was born in the State of Nevada. But they have as much 
responsibility to take care of the tourists from Connecticut as I do. I 
want this Record to be spread with my admiration and respect for the 
courage the Senators have shown in calling this really what it is. We 
need more money. That is what it takes to make sure this country is 
safe. Right now, according to some of the finest people in all America, 
we are not safe.
  Mr. DODD. I thank our colleague from Nevada for that observation. He 
represents a unique State, he and the Presiding Officer. Literally 
millions of people, not just from the United States but from all over 
the world, visit Nevada. It is a special set of responsibilities that 
people of Nevada assume by inviting the world to come. And obviously, 
this could easily be a target. It is hard to imagine what the next 
target could be, but I promise, there are people planning it. They are 
planning it as we sit here today. Whether it is a nuclear powerplant, 
whether it is a major office building, whether it is a recreational 
facility, they are doing it.

  I don't like saying that, but I can't say anything less to my 
colleagues because that is the conclusion of people who have spent 
hours and days and weeks examining all of this and telling us.
  I thank my colleague from Michigan. I am grateful to her. She is a 
remarkable Senator. In a short amount of time, she has made a 
significant contribution to the public debate. I am very grateful to 
her for joining me in this particular effort. It is a lot of money. I 
have never offered an amendment of this magnitude.
  I see the distinguished senior Senator from West Virginia, who has 
been around many years.
  This is almost $15 billion. I have never offered anything quite like 
this. But I have never felt as concerned and as worried about a 
situation as I am about this one.
  Shortly there will be a vote. We will more than likely not prevail. 
But there will be a record about those who believed we should do more. 
I hope we get proven wrong. There is no desire that we would like to be 
proven right. But I have a sense of foreboding that by not taking the 
steps, we are leaving ourselves very vulnerable. The trauma of America 
being hit again and being told we should have done more to prepare for 
it and didn't could have an effect far beyond the damage done by the 
attack itself, to know that a Congress was convened and was given 
information that told it to do more and do a better job and was given a 
chance to do so and turned it down. That is something I think history 
will judge us very harshly on if we make that mistake.
  I hope we don't. I hope the majority of my colleagues who may be 
listening to this brief debate this morning will break ranks and come 
over and say: We can do better. Let's go back to the drawing board and 
come up with the resources, provide the support we need for our first 
responders.
  I have no further requests for time. I don't know if my colleague 
from Michigan wishes to be heard further. I appreciate the generosity 
and kindness of the distinguished Senator from Mississippi who has been 
very patient listening to us make this case. I am very grateful to him 
and Senator Stevens, as well as Senator Byrd, for taking as much time, 
a couple of hours this morning, to express our views on the subject.
  Again, the Senator from Nevada said it well. I had planned a whole 
series of smaller amendments on all sorts of pieces of this. The 
Senator from Michigan and I sat down and decided, instead of just 
trying to do this item by item by item, we would ask our colleagues to 
respond based on this report and come up with, in the Office of 
Homeland Security, a set of priorities that they may determine 
differently than what our amendment agenda might provide.
  For those reasons we urge the adoption of the amendment. That can be 
done by supporting the motion to waive the point of order. I yield the 
floor.
  Mr. SARBANES. Mr. President, I would like to express my strong 
support for the amendment introduced by Senators Mikulski and Dodd, of 
which I am a cosponsor, that would provide an additional $150 million 
for the Assistance to Firefighters Grant Program--FIRE Grants.
  As a co-chairman of the Congressional Fire Services Caucus, I am 
proud to have been a strong supporter of the original legislation that 
established and funded the FIRE Grant Program. Since that time, this 
program has proven itself, by all accounts, a tremendous success.
  Just this past May, the U.S. Department of Agriculture's Leadership 
Development Academy released a comprehensive evaluation of the program, 
noting that it was ``highly effective in improving the readiness and 
the capabilities of firefighters across the country.'' Moreover, the 
study found that 97 percent of those receiving grants reported that the 
assistance had a positive impact on their abilities to handle fire 
emergencies, and, of those receiving equipment through the FIRE Grant 
program, 99 percent of departments indicated that the acquisitions made 
with the funding had dramatically improved the safety of their 
firefighters.
  The need for this additional funding is abundantly clear. In December 
of this past year, FEMA and the National Fire Protection Association 
jointly released the Congressionally-authorized ``Needs Assessment of 
the U.S. Fire Service.'' The results of this report were startling. 
Among its findings, the report noted that an estimated 57,000 
firefighters lack protective clothing, half of all fire engines are at 
least fifteen years old, and approximately one-third of firefighters 
are not equipped with essential self-contained breathing apparatus.
  Furthermore, during this year's FIRE Grant application process, 
record numbers of fire houses around the country have requested 
assistance. By the April 11 application deadline, the Department of 
Homeland Security reports having received approximately 19,950 FIRE 
Grant applications, for a total request of over $2 billion in Federal 
funding. Unfortunately, with an appropriation of only $745 million, the 
Department expects to fund well under half of these requests. The 
amount contained in the Homeland Security Appropriations measure 
currently before the Senate barely exceeds this amount, at a level of 
$750 million.
  The Mikulski-Dodd amendment would merely fund the FIRE Act at its 
fully-authorized level of $900 million. In light of the demonstrated 
need and inadequacy of current funding levels, I would prefer a larger 
amount. However, the Senate authorized $900 million for this program in 
the Fiscal 2002 Defense Authorization Act, and I believe we must at 
least meet this modest commitment.
  I urge my colleagues to support this amendment.
  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)
 Mr. LIEBERMAN. Mr. President, I rise in strong support of the 
amendment offered by my colleague Senator Dodd to add $15 billion in 
funding for our first responders and first preventers. I commend my 
friend for his strong leadership, and I am proud to be a cosponsor.

[[Page S9844]]

  One of the Federal Government's primary responsibilities under the 
Constitution is to provide for a common defense. Today, in the face of 
the terrorist threat, that means more than building a mighty, well-
equipped and well-trained Army, Navy, Air Force, Marines, and Coast 
Guard. It means strengthening the shared security of our 50 States and 
their cities and towns, as well as our territories. Today, the 
readiness of our firefighters and police officers and public health 
professionals is every bit as important to our national security as the 
readiness of our soldiers, sailors, and airmen.
  Homeland security is expensive. It can't be accomplished on the 
cheap. And because the war against terrorism is a national fight, a 
substantial portion of the responsibility falls to the Federal 
Government. It takes serious money to make the necessary changes to our 
services and infrastructure. To employ, train and equip top-flight 
first responders. To buy biometric security systems, hire more border 
personnel, install information sharing networks and develop biological 
and chemical testing and treatment capabilities. Securing the Nation's 
ports, as well as chemical and nuclear plants must become a top 
priority. In transportation, we must move beyond aviation and also 
secure mass transit, rails, air cargo, pipelines, tunnels, and bridges. 
These tough jobs and countless others can't be accomplished with 
wishful thinking or a magic wand. And they cannot be accomplished by 
placing an unfair share of the burden on State and local governments 
who are already facing the worst fiscal crises in decades. Ever since 
before we established the Department of Homeland Security, many of us 
were asking this administration to provide adequate resources, to 
provide them quickly and to target them more effectively. But 
unfortunately, that hasn't happened.
  Across the country, states and localities are being spread thinner 
than ever at the moment they can least afford it. Homeland security and 
healthcare costs are rising. Deficits are rising. But the economy 
isn't. Only our firefighters can protect against chemical weapons or 
rescue families trapped in buildings. But in some cities and States 
around the country today, our first preventers and responders are 
actually being laid off because of budget cutbacks. That is like 
reducing your troop force in a time of conventional warfare. It is 
crazy and it must stop and only more money from Washington can make it 
stop. Yet this administration's indifference is undermining the men and 
women who are our first line of defense in the war against terrorism.
  The American people expect and believe that we are doing our utmost 
to ensure that sufficient funds are provided, but in too many 
communities, the reality is unlikely to meet the expectation. The 
administration has failed to make sure that the necessary funds go to 
those who need it most: the local firefighters, police officers, 
emergency technicians, and public health workers who protect and serve 
us every day.
  In February, I proposed spending an additional $16 billion on 
homeland security above the President's fiscal year 2004 budget--$7.5 
billion of which was for first responders. In June, I offered an 
amendment at the Governmental Affairs Committee markup to add $10 
billion to Senator Collins' legislation authorizing grant programs for 
our first responders, but my amendment was defeated on a party-line 
vote.
  During the markup, it was suggested that we should not authorize that 
amount of funding without an independent assessment of what the real 
needs are. Well, now that rationale, which I believe failed to consider 
the testimony, public statements, and other assessments which already 
existed, no longer can be made. That is because on June 29th a report 
by an independent task force sponsored by the Council on Foreign 
Relations--composed of distinguished former government officials, 
including a director of the CIA and the FBI, our colleague Senator 
Rudman, a White House terrorism adviser and a former chairman of the 
Joint Chiefs of Staff--corroborated the conclusions I and others 
reached months ago. The report, entitled, ``Drastically Underfunded, 
Dangerously Unprepared,'' determined that ``the United States has not 
reached a sufficient national level of emergency preparedness and 
remains dangerously unprepared to handle a catastrophic attack on 
American soil. . . . If the nation does not take immediate steps to 
better identify and address the urgent needs of emergency responders, 
the next terrorist incident could have an even more devastating impact 
than the 9/11 attacks.'' Indeed, the task force report found that the 
U.S. is on track to fall nearly $100 billion short of meeting critical 
emergency responder needs over the next 5 years. This estimate does not 
even include some known needs--such as detection or protection gear for 
police--because the task force could not obtain reliable estimates for 
those areas. The administration's response to the warning from this 
respected commission? It brushed off the report's spending 
recommendation as ``grossly inflated.''
  The task force report listed a number of urgent needs left unmet due 
to lack of funding. They point out that funds are urgently needed, 
among other things, to: provide interoperable communications equipment 
for all emergency responder groups across the country so that those on 
the front lines can communicate with one another while on the scene of 
an attack; enhance urban search and rescue capabilities of major 
cities; extend the emergency 911 system nationally; provide protective 
gear and weapons of mass destruction remediation equipment to first 
responders; and increase public health preparedness and develop surge 
capacity on the Nation's hospitals.
  The report's findings are sobering. For example, the report noted: 
``On average, fire departments across the country only have enough 
radios to equip half the firefighters on a shift, and breathing 
apparatus for only one third. Only 10 percent of fire departments in 
the United States have the personnel and equipment to respond to a 
building collapse.'' The report found cities without the means to 
determine whether terrorists had struck with dangerous chemicals or 
pathogens, and public health labs incapable of responding to a chemical 
or biological attack.
  Earlier today, yet another report was issued--this one by the 
Progressive Policy Institute--which noted that the Bush administration 
has failed to adequately address critical homeland security needs, 
including: improving intelligence gathering and analysis; improving 
security at the state and local level; controlling our national 
borders; protecting against bio terror attacks; and protecting critical 
facilities. The report graded the administration's overall efforts to 
protect the homeland as ``D.'' It acknowledged that some progress has 
been made in a few areas, but added ``we find that the Bush 
administration has not brought the same energy and attention to 
homeland security that it has brought to overseas military efforts. The 
administration has failed to adequately fund a number of essential 
homeland security functions. In the absence of presenting a compelling 
vision of the changes necessary to protect the homeland, the Bush 
administration has failed to push back on the government bureaucracies 
that have resisted meaningful change. In short the President has failed 
to make homeland security his top priority.''

  The PPI report and the Independent Task Force of the Council on 
Foreign Relations Report follow a series of assessments that have 
raised serious questions about the extent and effectiveness of the 
administration's homeland security efforts. The administration must 
stop ignoring the evidence that, with respect to homeland security, 
almost 2 years after the September 11, 2001 attacks, we remain 
``drastically underfunded, dangerously unprepared.''
  These reports have simply confirmed what we the Governmental Affairs 
Committee and others in Congress have been told for many months: The 
reality is that left without sufficient resources, State and local 
governments and first responder organizations are struggling--and 
failing--to keep up with their day-to-day critical services to their 
communities as their homeland security obligations take an increasing 
toll. At a hearing of the Governmental Affairs Committee this spring, 
one police chief told us that he had to eliminate or cut back community 
police, drug enforcement, traffic

[[Page S9845]]

enforcement and programs in schools in order to station most of his 
force at the airport.
  Even as they are forced to abandon more and more of their traditional 
work to serve as the front line in the war on terrorism here at home, 
these first responder groups are unable to work effectively because 
they are lacking sufficient funds. Ed Plaugher, Fire Chief of 
Arlington, VA told the Governmental Affairs Committee that the stress 
of protecting the homeland without adequate resources is affecting the 
morale of first responders. Captain Chauncey Bowers of the Prince 
Georges County, MD Fire Department testified before the Governmental 
Affairs Committee on behalf of the International Association of 
Firefighters and told us that we need a national commitment to homeland 
security preparedness; he urged us to work to ensure that every fire 
department in America has the resources to protect our citizens.
  First responders need equipment such as personal protective clothing, 
respirators, and devices for detection of chemical, biological and 
radiological hazards. They need training in using such equipment, and 
training in how in general to respond in an attack. Nevertheless, local 
fire and police officials at our hearings told us at the Governmental 
Affairs Committee hearings they do not have the resources to pay for 
training or equipment that they need to prepare for a possible attack. 
Indeed, most emergency workers still do not have the training or the 
equipment they require. The December 2002 needs assessment of the U.S. 
Fire Service conducted by the Federal Emergency Management Agency 
(FEMA) in conjunction with the National Fire Protection Association 
found that about one-third of firefighters per shift are not equipped 
with self-contained breathing apparatus, and nearly half of all fire 
departments have no map coordinate system. And with respect to 
training, another study by FEMA found that 27 percent of fire 
department personnel involved in providing emergency medical services 
lacked any formal training even in those duties, and incredibly, 73 
percent of fire departments failed to meet regulations for hazardous 
materials response training.
  The administration's own budget documents estimate that only about 
80,000 first responders were trained and equipped in 2002 with funding 
at the Federal level of $750 million. Unless this administration 
provides significantly more funding, it will take us decades to train 
our first responders to cope with weapons of mass destruction. We do 
not have that kind of time.
  Even if we could supply training and equipment to all of our first 
responders, there are simply not enough of them. A survey by the 
Progressive Policy Institute of 44 of the largest police departments 
found that 27 of them--nearly two-thirds--are experiencing personnel 
shortfalls as a result of inadequate budgets and problems attracting 
new recruits. According to the report, the city of Chicago, as a result 
of increased overtime costs, has delayed hiring new officers and thus 
has seen its ranks decline between 2000 and 2002. Detroit's experience 
has been similar, with a 50 percent increase in overtime costs while 
its ranks thinned by 5.3 percent between 2000 and 2002.
  This report is shocking and sad at a time when we should be enhancing 
our first line of defense. It highlights the need to provide adequate 
funding to hire additional police officers and firefighters. Yet the 
Bush administration has steadfastly opposed the efforts of the sponsor 
of this amendment to support the SAFER Act, which would authorize over 
$1 billion per year for 7 years to hire 10,0000 additional firefighters 
per year. I am proud to be a cosponsor of that legislation and the 
amendment to the DOD bill which would partially fund those 
firefighters; and I was proud that the homeland security bill which I 
authored last Congress included funding to hire firefighters, but that 
provision was defeated by Republicans on the Senate floor.
  The PPI survey also makes clear the need for adequate funding for 
overtime related to training. Indeed, according to the Conference of 
Mayors, cities across America spent $70 million per week when the 
homeland security alert was raised to orange--much of it for overtime 
expenses.
  Finally, even if local police and fire departments had sufficient 
personnel, they lack the ability to communicate effectively in a time 
of emergency. In most areas of the U.S., the police, firefighters and 
emergency technicians in the same jurisdiction have no way to 
communicate in the field because their equipment is not compatible. 
Lack of interoperability in communications systems has been cited as a 
cause of the deaths of 343 firefighters in New York City on September 
11, 2001, because police could not reach them prior to the collapse of 
the World Trade Center towers.
  Achieving this goal, however, will be expensive, and the 
administration's funding commitment is wholly insufficient. The Public 
Safety Wireless Network, a joint Treasury and Justice Department policy 
group, estimates it could cost up to $18 billion. According to the 
National Task Force on Interoperability, at the State level, replacing 
basic radio systems for a single public safety agency can cost between 
$100 million and $300 million. Meanwhile, Secretary Ridge testified 
before the Governmental Affairs Committee on May 1, 2003 that $40 
million had been appropriated to run ``some demonstrations projects 
with regard to interoperable communications.'' This is an inadequate 
response to a long-standing and expensive problem, and will leave our 
first line of defense without the basic equipment they need.
  Our police officers, firefighters, emergency management officials, 
and public health officials--those we call first responders and first 
preventers in the fight against terrorism--are struggling to protect us 
from unprecedented dangers. Those funds must come from Washington 
because this is a national fight, and budgets are tight and getting 
tighter in state and local governments across our Nation. 
Unfortunately, most of my pleas and those of my colleagues--along with 
those of independent, bipartisan experts and State and local 
governments--have fallen on deaf ears within this administration.
  Senator Dodd has chosen the exact opposite route, and the route we 
urgently need to pursue. His amendment embraces the recommendations of 
the expert task force of the Council of Foreign Relations. I strongly 
urge support of the amendment offered by my colleague Senator 
Dodd.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, we have submitted to the manager of the bill 
a list of amendments that we have remaining on the bill. This has been 
cleared with Senator Byrd. At any time the majority is ready to enter 
an agreement that there would be only a certain number of amendments in 
order, we are certainly ready to do that.
  We have one Senator who can't offer an amendment because there is a 
Senator on the other side who is unavailable to do that right now. So 
we have people ready to offer other amendments. If the Senator from 
Mississippi has completed debate on the last amendment, we are ready to 
go on another amendment within a short period of time.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, we appreciate the assistance of the 
distinguished Senator from Nevada. We have tried to find out the number 
of amendments that may remain to be offered to the bill so we can get 
some idea of what we are looking at in terms of the time we have for 
consideration. We hope to complete action on this bill later today. I 
am confident we can do that.
  We still have a number of amendments that have to be offered and 
dealt with. We hope Senators who do have amendments will come to the 
floor and offer them.
  In just a couple of minutes, we are going to ask unanimous consent 
that the list of amendments we know about be the only amendments in 
order to the bill. We have several amendments on that list. Just 
glancing at the list, it looks like about 12 in number at this point. 
We hope Senators won't call and say they ``may'' have an amendment. If 
they do have one, they have a right to offer it. We will respect the 
right of any Senator to offer an amendment to the bill.
  We have considered most of the amendments about which we have heard. 
I am going to ask that Senators

[[Page S9846]]

who have an amendment let us know about it so we can clear the list on 
both sides and limit the number of amendments that remain to be offered 
to the bill.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Will the Senator yield for a question?
  Mr. COCHRAN. I am happy to yield to the distinguished Senator from 
West Virginia.
  Mr. BYRD. Mr. President, I have three amendments. But I do not want 
to vote on my amendments in a stack. For my amendments, I want to have 
them voted on each after the debate on that particular amendment. I 
think that is the better way. I think whatever debate we can have on an 
amendment--I will say my amendment, and I have three--is fresh in the 
minds of those Senators who have been listening, or those who will 
listen, who are able to listen in their offices. I don't like stacked 
votes, as far as any amendments I have are concerned. Stacked votes may 
be for the convenience of Members, but, in my judgment, we are not here 
necessarily for the convenience of Members. We are here in this forum 
to debate and to act upon amendments that are in the interests of the 
Nation, as we see them.
  So for the information of the distinguished manager, I do have three 
amendments, but I want to call them up whenever I can have votes on 
them following the debate.
  Mr. REID. Will the Senator from Mississippi yield?
  Mr. COCHRAN. Yes.
  Mr. REID. I have spoken to the two sponsors of this amendment and 
they feel exactly as Senator Byrd does. They have spent all morning 
debating their amendment, and they are not going to allow us to go to 
another amendment until we vote on theirs. I suggest we vote on their 
amendment. Otherwise, we are not going to go forward on this bill. We 
asked them to come to the floor early this morning. They have been 
here. The debate has taken more than 2 hours. I think it has been one 
of the finest debates we have had in some time. I join with them, and I 
will object to proceeding to another amendment.
  Mr. BYRD. Mr. President, I say further, if I may, what I have said is 
no reflection on the distinguished manager of the bill. He has been an 
excellent chairman of this new subcommittee and this is the first time 
we have appropriated on a full bill for this new Department.
  The Senator from Mississippi could not have performed better. He has 
been very fair with the members of his subcommittee. He has always been 
very fair with me. What I have said is not to be taken as any 
reflection or criticism of him whatever. His work is trying to get this 
bill passed.
  As the co-manager, I am interested in moving it along, too. But 
speaking from a personal viewpoint--and I don't call up many amendments 
of my own--I want to state to the Senator and to all Senators, while 
they are thinking of stacking votes, I have three amendments that I 
don't want in a stack. I want to vote on them when we have completed 
our debate. I don't want any 2-minute summation between other 
rollcalls. I think we have fallen into a kind of slipshod way of acting 
in the Senate. This is no fault of the Senator from Mississippi. I am 
voicing my sentiments with respect to my own amendments. I don't think 
it is a very good way to legislate, to line up six or eight votes. 
Sometimes we fall into a vote-arama, where we have a good many 
amendments called up, debated, set aside, and voted on later in a 
stack, when those Senators who perhaps listened during the debate have 
gone on to other things and have lost their recollection of what was 
said in the debate.

  I think we ought to vote on amendments when we complete the debate. 
Perhaps that is not always practicable. I can understand that, having 
been a majority leader and having been a minority leader. I understand 
the practicalities of these things. But the ideal way to proceed is as 
I have suggested--with debate on an amendment and then a vote.
  Mr. COCHRAN. Mr. President, I must say that I agree, as a general 
rule, with the distinguished Senator from West Virginia and the Senator 
from Nevada about the way the Senate should transact its business. I 
agree completely.
  There are situations, such as on the Budget Act, when we are limited 
in the amount of time we have for the consideration of a measure and 
necessarily we end up with one of these vote-aramas, as the Senator 
points out.
  I think, as a general rule, as we consider a bill, after the debate 
on the amendment is complete, or whatever the issue is, such as a 
motion to waive a point of order, we should vote on it. I agree.
  For that reason, I advise Senators that we are about to have a vote 
on the motion to waive by Senator Dodd on the point of order that was 
previously made to the Dodd amendment. The yeas and nays have been 
ordered on the motion to waive.
  Mr. REID. Mr. President, will the Senator yield?
  Mr. COCHRAN. Yes.
  Mr. REID. If you have clearance on your side, I think it is 
appropriate to propound the unanimous consent agreement.
  Mr. COCHRAN. Mr. President, before we vote, I ask unanimous consent 
that the following amendments be the only amendments in order to the 
bill, H.R. 2555:
  Senator Byrd, three amendments; Senator Levin, two amendments; 
Senator Feingold, two amendments; Senator Rockefeller; Senator Reed; 
Senator Schumer, three amendments; Senator Hutchison, two amendments; 
Senator Daschle, two amendments; Senator Sarbanes has an amendment; 
Senator Landrieu, two amendments; Senator Feinstein has an amendment; 
Senator Bayh, two amendments; Senator Collins has an amendment; Senator 
Frist, two amendments; Senator Specter has an amendment; Senator Talent 
has an amendment; Senator McCain has an amendment; and Senator Warner 
has an amendment.
  Mr. REID. I ask the Senator to modify that to allow any possible 
managers' amendments cleared by both managers.
  Mr. COCHRAN. I agree to that addition to my unanimous consent 
request.
  The PRESIDING OFFICER (Mr. Graham of South Carolina). Is there 
objection?
  Without objection, it is so ordered.
  Mr. COCHRAN. Mr. President, I thank the Senators sincerely for 
assisting us in the identification of the outstanding amendments.
  Mr. President, the yeas and nays have been ordered.
  The PRESIDING OFFICER. The yeas and nays have been ordered on the 
motion to waive.
  If there is no further debate, the question is on agreeing to the 
motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Pennsylvania (Mr. 
Santorum) and the Senator from Pennsylvania (Mr. Specter) are 
necessarily absent.
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
and the Senator from Connecticut (Mr. Lieberman) are necessarily 
absent.
  I also announce that the Senator from Minnesota (Mr. Dayton) is 
absent attending a funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``YEA.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 41, nays 54, as follows:

                      [Rollcall Vote No. 299 Leg.]

                                YEAS--41

     Akaka
     Baucus
     Bayh
     Biden
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Corzine
     Daschle
     Dodd
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                                NAYS--54

     Alexander
     Allard
     Allen
     Bennett
     Bingaman
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Dorgan
     Ensign

[[Page S9847]]


     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Sessions
     Shelby
     Smith
     Snowe
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                             NOT VOTING--5

     Dayton
     Kerry
     Lieberman
     Santorum
     Specter
  The PRESIDING OFFICER. On this vote, the yeas are 41, the nays are 
54. 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 amendment falls.
  Mr. COCHRAN. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, I have conferred with the two managers of 
the bill. They have agreed that Senator Feinstein will offer the next 
amendment. If the two leaders agree, then that amendment would be set 
aside and Senator Byrd would offer the next amendment. We will have two 
votes around 2 o'clock, give or take a little bit. I think all will 
work out well in that regard. Senator Feinstein is outside the 
corridor, and she will bring her amendment in within a matter of a few 
minutes. Until she arrives, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. Mr. President, first, I give my thanks to the 
distinguished Senator from West Virginia for allowing me to offer this 
amendment at this time, and also to the distinguished Senator from 
Nevada.


                           Amendment No. 1365

       (Purpose: To prevent and respond to terrorism and crime at 
     or through ports)

  Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk on 
behalf of myself and Senator Kyl.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from California [Mrs. FEINSTEIN], for herself 
     and Mr. Kyl, proposes an amendment numbered 1365.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mrs. FEINSTEIN. Mr. President, I rise today to offer an amendment 
aimed at preventing and punishing a terrorist act at one or another of 
our Nation's 361 seaports. This amendment is a stripped-down version of 
S. 746, the legislation I introduced with Senators Kyl, Chambliss, and 
Schumer.
  The provisions of this amendment have a de minimis cost.
  The Technology and Terrorism Subcommittee of Judiciary, both under 
Senator Kyl's leadership and also under my leadership, held some of the 
initial hearings on port security. Of course, we found very early on 
what others have found; that is, our ports are really not equipped to, 
A, handle the challenge of terrorism, and, B, to do so in a way to 
protect the American people.
  This legislation builds on amendments made to our laws in the past 
year but goes further than those changes to ensure the security of our 
seaports.
  We have found that many of our criminal laws have major loopholes in 
them and really do not take into consideration crimes that take place 
aboard ships.
  I have shown this amendment to the staff of Senator Hollings. We have 
shown it to Senator McCain. Yesterday, I went through it with Senators 
Grassley and Baucus of the Finance Committee, and none of them 
indicated any objection or problem.
  Specifically, this amendment would make it a crime for terrorists to 
attack a port, or a cruise ship, or to deploy a weapon of mass 
destruction at or through a seaport.
  It would make it a crime to put devices in U.S. waters that can 
destroy a ship, or cargo, or interfere with safe navigation or maritime 
commerce.
  It would update our Federal criminal piracy and privateering laws and 
increase penalties.
  It would make it a crime to use a dangerous weapon or explosive to 
try to kill someone on board a passenger vessel.
  It would make it a crime to fail to heave to--that is, to slow or 
stop a vessel--at the direction of a Coast Guard or other authorized 
Federal law enforcement official seeking to board that vessel, or to 
interfere with boarding by such an officer.
  It would make it a crime to destroy an aid to maritime navigation, 
such as a buoy or a shoal breakwater light maintained by the Coast 
Guard if this would endanger the safe navigation of the vessel.
  It would make it a crime for a terrorist or a criminal to try to 
attack U.S. citizens or U.S. marine life by putting poison in the 
waters offshore.
  It would require the Attorney General to issue regulations making it 
easier to determine the extent of crime and terrorism at a seaport, and 
improve communication between different law enforcement agencies 
involved at ports.
  In addition, this amendment would help improve physical security at 
seaports by ensuring greater coordination.
  In particular, and most importantly, it would designate the captain 
of the port as the primary authority for seaport security at each port. 
This would enable all parties involved in business at a port to 
understand who has final say on all security matters.
  The amendment would help ensure that we devote our limited cargo 
inspection resources in the most efficient and effective manner. For 
example, it would impose deep monetary sanctions for failure to comply 
with information filing requirements, including filing incorrect 
information. The current penalty is only a few thousand dollars.
  The Interagency Commission on Crime and Security in U.S. Seaports 
found that about half of the information on ship manifests is 
inaccurate. Let me repeat that--half of the information on ship 
manifests is inaccurate. This means that many manifests are sloppily 
done. We cannot afford that.
  Finally, the amendment would require Customs to come up with a plan 
to expand its container security initiative and make better use of its 
scarce inspection resources. This would help push U.S. authority beyond 
our Nation's borders and improve our ability to monitor and inspect 
cargo and containers before they arrive near American shores.
  If a weapon of mass destruction arrives at a U.S. seaport, it is too 
late.
  Let me provide a couple of examples of why we need to pass this 
legislation, and do it fast. Our whole bill is in the Commerce 
Committee, and Senator McCain has agreed--I think in September--to 
schedule a hearing on the remainder of the bill.
  But, for purposes of this amendment, what we have done is strip out 
those sections of our larger bill where we believe, first of all, there 
is not much cost and, second of all, where we believe that it is 
important to get started.
  Today, if a person blows up an airplane, he commits a crime. However, 
if he blows up an oil tanker, he does not commit a crime--unless he is 
doing it to injure someone with a commercial interest in the vessel.
  In addition, if a person distributes explosives to a non-U.S. 
national, he commits a crime. But if the same person sows mines in the 
San Francisco Harbor, he does not commit a crime.
  The amendment we offer today will close these loopholes, ensuring 
that our criminal laws are updated to deal with the current terrorist 
threat.
  Currently, our seaports are the gaping hole in our Nation's defense 
against terrorism. According to the U.S. Bureau of Transportation 
Statistics, 13 million containers--those are 20-foot equivalent units--
came into U.S. ports in 2002. However, the Government inspected only 
about 2 or 3 percent of these containers. The rest were simply waived 
through. In addition, in almost every case, these inspections occurred 
after the containers arrived in the United States.

[[Page S9848]]

  The problem is a single container could contain 60,000 pounds of 
explosives. That is 10 to 15 times the amount in the Ryder truck used 
to blow up the Murrah Federal Building in Oklahoma City. And a single 
container ship can carry as many as 8,000 containers at one time.
  So containers can and will be easily exploited to detonate a bomb 
that could destroy a bridge, a seaport, or other critical 
infrastructure, causing mass destruction and killing thousands.
  Worse, a suitcase-sized nuclear device or radiological ``dirty bomb'' 
could also be installed in a container and shipped to the United 
States. The odds are that the container would never be inspected. And 
even if the container was inspected, it would be too late. The weapon 
would already be in the United States, most likely near a major 
population center.
  In addition, any attack on or through a seaport could have 
devastating economic consequences. Excluding trade with Mexico and 
Canada, America's ports handle 95 percent of U.S. trade. Every year, 
our ports handle over 800 million tons of cargo valued at approximately 
$600 billion.
  In its December 2002 report, the Hart-Rudman Terrorism Tack Force 
said something interesting:

       If an explosive device were loaded in a container and set 
     off in a port, it would almost automatically raise concern 
     about the integrity of the 21,000 containers that arrive in 
     U.S. ports each day and the many thousands more that arrive 
     by truck and rail across U.S. land borders. A three-to-four-
     week closure of U.S. ports would bring the global container 
     industry to its knees. Megaports such as Rotterdam and 
     Singapore would have to close. . . . Trucks, trains, and 
     barges would be stranded outside the terminals with no way to 
     unload their boxes. Boxes bound for the United States would 
     have to be unloaded from their outbound ships. Service 
     contracts would need to be renegotiated. As the system became 
     gridlocked, so would much of global commerce.

  We have worked on this bill with a large number of port people over a 
substantial period of time. This has not been quickly put together. I 
thank the Justice Department, the Coast Guard, Customs, the 
Transportation Security Administration, and leaders of ports in my home 
State for their assistance with this legislation.
  I also thank the working group that helped put our full bill 
together. This group includes Dick Steinke, executive director of the 
Port of Long Beach; Rob Quartel, CEO of Freightdesk Technologies; 
Charles Upchurch, president and CEO of SGS Global Trade Solutions; 
Jason Clawson, president of JBC International; Stephen Flynn, Senior 
Fellow, Council on Foreign Relations; Michael Nacht, dean of the 
Goldman School of Public Policy; Kim Peterson, Executive Director of 
the Maritime Security Council; and Amanda deBusk, a member of the 
Interagency Commission on Crime and Security in U.S. Seaports and 
former Assistant Secretary for Export Enforcement, the Department of 
Commerce.
  Mr. President, this has been vetted. We have passed it through all of 
the applicable Federal agencies. We must close these loopholes. We must 
tighten these criminal penalties. We must make one person in charge of 
security at every port so every agency isn't stumbling over the next 
agency there.
  Senator Kyl has indicated that I speak for him as well. So I hope, 
the managers of the bill on the floor will be able to accept this 
amendment or, at the very least, allow us to vote for it and add it to 
the bill.
  Again, I thank the Senator from West Virginia. I know he was ahead of 
me in line but he very graciously allowed me to proceed first.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, I raise a point of order under rule XVI 
that the amendment constitutes general legislation on an appropriations 
measure and is not in order.
  The PRESIDING OFFICER. A point of order has been made.
  The point of order is not debatable. The amendment does constitute 
legislation on an appropriations bill. The point of order is sustained 
and the amendment falls.
  Mr. COCHRAN. Mr. 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.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Bunning). Without objection, it is so 
ordered.
  Ms. LANDRIEU. Mr. President, I ask unanimous consent to speak as in 
morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Ms. Landrieu are printed in today's Record under 
``Morning Business.'')
  Ms. LANDRIEU. 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. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1367

  Mr. BYRD. Mr. President, this week the Senate has considered a number 
of amendments to increase homeland security funding to address known 
vulnerabilities in our Nation. These are vulnerabilities we know are 
there. We have offered amendments to add funding for expanded homeland 
security missions that have been authorized by Congress and signed into 
law by the President since 9/11.
  I believe these amendments have been defeated not on the merits but 
because their adoption would have resulted in the bill exceeding limits 
established in the budget resolution. These are meritorious amendments, 
and I am confident some of the Senators who voted against them voted 
against them because the bill would then exceed limits established in 
the budget resolution. That is a compelling reason for many to 
consider.
  Therefore, today I offer an amendment that addresses these known 
vulnerabilities to the extent possible within the limits of our 302(b) 
allocation. I do so because the vulnerabilities are documented and the 
needs are clear.
  This bill includes $823 million, consistent with the President's 
request for information, analysis, and infrastructure protection. Since 
February, we have asked--now listen--the Department of Homeland 
Security to identify for us what specific infrastructure in this 
country is most vulnerable.
  To whom should we go to find out the answers, if not the Department 
of Homeland Security? That is the Department which should be able to 
pinpoint, should be able to give to the Congress, a list of the most 
vulnerable infrastructure and give us the priorities: Which is more 
vulnerable, A or B or C? That is the agency that ought to be able to 
answer the questions.
  Have we gotten any answer to our questions? No, no answer. This is 
the Department that should be held accountable and will be held 
accountable, and the Department has not responded.
  We have asked these questions more than once. So I shall offer an 
amendment that addresses these known vulnerabilities, to the extent 
possible, within the limits of our 302(b) allocation, and I do so 
because the vulnerabilities are documented and the needs are clear.
  This bill includes $823 million, consistent with the President's 
request for information, analysis, and infrastructure protection. Since 
February--let me say that again--since February, we have asked the 
Department of Homeland Security to identify for us in the Congress, in 
the Senate, what specific critical infrastructure in this country is 
most vulnerable.
  To date, the Department has provided no detail about how these funds 
would be spent--no detail, none. We requested it, as I say, as early as 
February and since February.

  The President is asking us to buy a pig in a poke. The administration 
wants us to give them $823 million of the taxpayers' money and they 
have not told Congress how the funds will be spent or whether these 
funds can be used effectively. Now why wouldn't they tell us? Why 
wouldn't they tell us?
  What we do know is that the Coast Guard has over $1.7 billion of 
pending applications for port security grants in order to secure our 
most vulnerable ports. We know that. What we do know is that the Coast 
Guard has estimated

[[Page S9849]]

the cost of the ports implementing the Maritime Transportation Security 
Act security standards is $5.4 billion over 10 years and $1.1 billion 
in the first year. So when you add the funds in this bill to previously 
appropriated funds, the Department would have only $518 million to help 
the ports improve their security.
  What we do know is that the Department of Homeland Security received 
applications from over 20,000 of the Nation's local fire departments, 
totaling $2.5 billion out of their desire to equip and to train 
themselves to deal with weapons of mass destruction and to improve 
their capacity to respond to other emergencies in their communities.
  What we do know is that only 10 percent of our fire departments have 
the capacity to deal with a major building collapse. What we do know is 
that only 13 percent have the equipment and training to deal with 
biological or chemical terrorist attacks.
  What we do know is that the Coast Guard commandant has testified that 
there is no funding in the budget for the Coast Guard to enforce the 
new port security standards that are mandated by the Maritime 
Transportation Security Act and that the Coast Guard imposed on the 
port industry on July 1.
  What we do know is that the General Accounting Office has concluded 
that 123 chemical facilities across the country--some of them in the 
great Kanawha Valley in West Virginia--has concluded that 123 chemical 
facilities across the country, if attacked, could inflict serious 
damage and expose millions of people to toxic chemicals and gasses. 
There are 3,000 chemical facilities in 49 States that if attacked could 
affect more than 10,000 people each. This is serious business. The 
General Accounting Office found that the Federal Government has not 
comprehensively assessed the chemical industry's vulnerabilities to 
terrorist attack.
  This amendment would address those issues by providing $100 million 
for port security grants, $100 million for grants to fire departments, 
$42 million for the Coast Guard to implement the port security 
requirements of the Maritime Transportation Security Act, and $50 
million for chemical security vulnerability assessment.
  This amendment is fully offset for both budget authority and outlays 
by reducing amounts in the infrastructure account by $292 million.
  I say again that the amendment has fully offset both the budget 
authority and outlays by reducing amounts in the infrastructure account 
by $292 million. Even after this reduction, the infrastructure account 
will have a funding level which is three times the level from fiscal 
year 2003.
  I urge the Senate adopt the amendment. The Senate should address 
these known vulnerabilities now.
  Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The current amendment will be set aside and 
the clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 1367.

  Mr. BYRD. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 785, line 6, insert the following:

            TITLE VII--FULFILLING HOMELAND SECURITY PROMISES

  Office of the Under Secretary for Border and Transportation Security

   Transportaiton Security Administration Maritime and Land Security

       For an additional amount for ``Maritime and Land 
     Security'', $100,000,000, to remain available until September 
     30, 2005, for port security grants, which shall be 
     distributed under the same terms and conditions as provided 
     under Public Law 107-117.

                       United States Coast Guard


                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $42,000,000, to remain available until December 31, 2004, 
     shall be for costs pursuant to Public Law 107-295 for 
     implementing the Maritime Transportation Security Act 
     including those costs associated with the review of vessel 
     and facility security plans and the development of area 
     security plans.

                    Office for Domestic Preparedness

       For an additional amount for ``Firefighter Assistance 
     Grants,'' $100,000,000, to remain available through September 
     30, 2005, for programs authorized by section 33 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.)

      Office of the Under Secretary for Information Analysis and 
                       Infrastructure Protection

       Of the amounts made available for the ``Office of the Under 
     Secretary for Information Analysis and Infrastructure 
     Protection'', $50,000,000, to remain available until 
     September 30, 2005, shall be for chemical facility security 
     assessments.

      Office of the Under Secretary for Information Analysis and 
                       Infrastructure Protection

       On page 66, line 9, strike ``$823,700,000,'' and insert 
     ``$581,700,000,''.

  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, it is my intention to review the 
amendment, and when I have had an opportunity to reread it, I will be 
in a better position to respond to it.
  I am very hopeful the funding in this bill will enable the Secretary 
of the Department of Homeland Security and the heads of the various 
directorates and the other agencies that are funded in this bill--the 
Coast Guard and others--to carry out their responsibilities to improve 
the overall security of our homeland to protect against terrorist 
attacks, to try to anticipate terrorists attacks, and to recover from 
natural disasters.
  We have within this Department a wide range of functions and 
responsibilities, one of which has been identified in this amendment 
as, I suppose, being funded at too high a level because the offset that 
is contained is to take funds from one of these directorates and move 
it to the function of port security.
  It is a very difficult challenge to try to balance the competing 
interests within this Department to make sure each area is not only 
well staffed with people who know what they are doing, but that they 
have the funds to carry out their mission.
  The directorate that suffers if this amendment is adopted is the one 
who helps bring together the intelligence information to assess the 
vulnerabilities of various critical infrastructure areas such as 
chemical facilities identified by the Senator from West Virginia. If 
that money is taken away, it will be less likely they can carry out 
their mission in the way we would all hope they could.
  This is a very important area of activity for the Department of 
Homeland Security. It is an area that, if limited in the way proposed 
by this amendment, would reduce the capacity to obtain intelligence or 
warnings and to carry out the threat analysis functions that are the 
responsibility of this directorate, and $292 million would be taken 
from the directorate responsible for information analysis and 
infrastructure protection.
  That is 35 percent of the funds that are made available in the bill 
for this directorate. This is a drastic cut. It is a meat-ax approach 
to one directorate, to shift funds to another area that we all 
recognize is in need of funding, but it already is funded. It is funded 
at a level that, in the judgment of our committee, would help ensure 
that our ports are protected, that we are able to defend against not 
only terrorist attacks but any other activity that would threaten or 
undermine the security interests of the United States.
  Just this week, an article was carried by the Washington Post talking 
about inadequacies of the new intelligence unit at the Department of 
Homeland Security and talking about the challenges it faced. I read the 
article and am familiar with some of the charges made in the article. 
But the conclusion was that they were not able to compete with the CIA, 
the FBI, the other established intelligence-gathering agencies because 
they were having a hard time attracting competent people and getting 
the number of analysts they ought to have in this Department to carry 
out their responsibilities. It pointed out, for example, that the 
intelligence analysts don't have the computers they need that are 
capable of receiving classified, top secret and above, documents.
  If this amendment is adopted, it is going to make it even more 
difficult. I can't imagine their being able to sustain the workforce 
they have. People they tried to recruit to come aboard this Department 
and help deal with these new challenges may have to be

[[Page S9850]]

dismissed. The ability of the Department to perform assessments of 
critical infrastructure--drinking water supply systems, chemical 
facilities, as I mentioned--and other areas where large numbers of 
people may gather from time to time; arenas, stadium crowds, baseball 
parks, and the Nation's seaports are just some that come to mind.
  I am hopeful that the Senate will reject this amendment. It is clear 
to me that there are a lot of Senators who would like to increase the 
funding available for port security grants. If you are going to award a 
grant to a port, you have to be able to evaluate the security needs of 
these ports. All the ports in the United States are filing 
applications. There is a backlog of applications. One of the reasons 
for the backlog, in terms of assessing and approving and selecting the 
ones to be funded, is lack of personnel to do the job.
  It seems to me this amendment seeks to improve port security but at 
the same time take away money that would be used to assess which ports 
are in greater need, where should the grant money go, which ones of the 
applications have the highest merit. You have to have people to do 
that. This amendment takes away money for the people to make those 
assessments.
  Also affected by the offset would be the National Communications 
System, which would be cut deeply if this amendment were accepted. The 
priority telecommunications programs would not be able to be 
implemented, programs which allow high-ranking officials to be able to 
use cellular telecommunications in the event of a terrorist attack or 
other catastrophic event. This was a major problem on September 11. We 
talked about the breakdown in communications. One agency could not 
communicate with the other. This has been a problem nationwide. The 
adoption of this amendment would exacerbate that problem.
  I think the amendment, while I know the distinguished Senator from 
West Virginia is deeply concerned about the port security issue, would 
undermine one of the most important activities and cripple an already 
tight budget situation, make it more difficult for our intelligence 
units to function effectively in the Department of Homeland Security.
  At the appropriate time, it is my intention to move to table the 
amendment of the Senator from West Virginia, but I do not intend to 
make that motion until other Senators who may wish to be heard on the 
amendment have a chance to speak.
  The PRESIDING OFFICER. The Senator from Nevada.


                      Amendment No. 1318 Withdrawn

  Mr. REID. Mr. President, I ask unanimous consent that I be allowed to 
withdraw amendment No. 1318.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1367

  Mr. BYRD. Mr. President, the distinguished Senator from Mississippi 
uses an old phrase that I cut my teeth on when I worked in a meat shop 
back in the coal camps during the Great Depression. He speaks about 
this ``meat-ax'' approach--meat-ax. Meat-ax, my foot. Is this 
administration serious or is it not serious about homeland security? Is 
it serious or is it not serious? We have heard all this talk--or is it 
mere talk? Is it just rhetoric? Is it rhetoric without resources?
  Let me say again, Congress, the Senate, has asked the administration, 
the Department of Homeland Security, for a list of its vulnerabilities. 
How would it spend the $823 million? We say to the Secretary of 
Homeland Security: How are you going to expend the moneys? What are the 
vulnerabilities? Tell us. The moneys have been sitting there unspent 
for how long? Ten months? What are the vulnerabilities? Tell us. We are 
the elected representatives of the people. The Secretary of the 
Department of Homeland Security wasn't elected by anybody to the 
current position he holds.
  I have great respect for former Governor Ridge, but what are the 
vulnerabilities? Let us see your list. To date, no list. The Department 
has not responded. So we say: If you have $823 million sitting there, 
and we know that this Nation and its people cry out for security, we 
hear about al-Qaida being here and there, and about its being in Iran 
and about all the threats, the level of threats, we know about the code 
orange and code yellow and the code red--but no list. Where is the 
list?

  I think we have a right to say if you are not going to show us a 
list, we know there are vulnerabilities, and we propose to spend some 
money to meet those needs. The American people are busy. Those who have 
jobs are busy trying to put a little bread and butter on the table. 
They cannot read all of the news stories about budgetary problems and 
302(b) allocations. They depend on us in the Senate. They depend on the 
Senator from Mississippi. They are depending on the Senator from West 
Virginia. They depend on the Senator from Kentucky who presides over 
the Senate at the moment. They depend on the Senator from New York and 
the Senator from Vermont. They think we ought to know.
  They think the Department of Homeland Security, which has been handed 
these responsibilities by the Congress, is taking care of everything. 
They think the Department is on top of the problem.
  They believe their homes are secure and their schools are secure. 
They believe the vulnerabilities that have been talked about are being 
taken care of.
  The American people go to their jobs every day and work hard. They 
return home in the evenings and read the newspapers. They watch the 
television news and talk with their families over the supper table. We 
still call it supper in West Virginia. They think all that is taken 
care of. Many of them rest easy because they think we are on the job, 
that we will do the job for them, and that we are looking out for them. 
We are not looking out for them.
  I say to you the Department will not respond to the Congress. Of 
course, it is not a surprise to me anymore because this administration 
looks upon the Congress with contempt--at least that is my perception--
with utter disdain. Those peons up there, they want to know what the 
vulnerabilities are. We will tell them when we get ready.
  Senator Stevens and I, upon more than one occasion in times gone by, 
have sought to add moneys to appropriations bills to meet the needs of 
the defense of this Nation and homeland security. The administration, 
with some apparent contempt, wrote us back on more than one occasion 
that the administration has everything well in hand. They don't need 
the extra moneys that you are wanting to provide. The administration is 
not ready for that. We will let you know. We on Mount Olympus from our 
ethereal atmosphere will one day let you know how much money we need, 
but not now.
  That is the contemptuous attitude some of those people downtown have. 
It is pretty clear from their letters and from the way they spurn the 
Congress and turn the back of their hand to the Congress.
  I say the American people ought not be misled. But they are being 
misled if they perceive and believe they are being protected, that we 
are on top of everything, and that the administration has its act 
together. They are wrong.
  Here is an amendment that would address the known vulnerabilities to 
the extent possible.
  I don't believe the American people ought to be misled. They ought to 
have a right to believe that we are attending to the gaps in their 
security.
  The distinguished Senator from Mississippi speaks about this $823 
million that is there, and if we do this little amendment we will be in 
essence robbing the account or taking away from account moneys that the 
Department knows better how to spend. Even with the reduction in this 
amendment, the account is tripled over the fiscal year 2003 level.

  The chairman has called this amendment a meat-ax cut--meat ax. I bear 
a scar on my left thumb today put there by a meat ax. I know what a 
meat-ax cut is. A meat-ax cut in spending. Yes. The account would grow 
from approximately $180 million to $582 million. I don't see this as a 
meat ax cut. I don't see this as a cut.
  Securing our ports is important to our infrastructure by any 
definition. It is important to our infrastructure. How could we better 
spend that money? The money is lying there. It is not being spent. And 
the Department won't even tell us in the Senate what

[[Page S9851]]

the priorities are, and how they would suggest those moneys be spent.
  This amendment defines the infrastructure investments that we know 
about and know must be made.
  I hope Senators will support this amendment.
  There is nothing political about this amendment. The money has been 
appropriated for infrastructure. The Department in charge of the 
expenditures of this money won't tell the Congress how the money should 
be spent or what the priorities are or how the Department sees those 
priorities or how the Department intends to spend the money or how the 
Department would propose this money be spent or what the 
vulnerabilities are. The Department won't tell us that.
  What are we to do? The American people think they are being secured. 
They are not.
  I hope Senators will support this amendment and spend the money where 
it will do the most good--on where we know there are vulnerabilities to 
the Nation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. JEFFORDS. Mr. President, I rise today to express my strong 
support for the good government amendments that my colleague, Senator 
Byrd, shall be offering later today. The public is looking to the 
Department of Homeland Security to ensure that our country is prepared 
to the best of its ability for any future terrorist attack.
  What must the public think when they see individuals who recently 
worked for Secretary Ridge turning around and lobbying for a specific 
special interest? What do they think when individuals who run companies 
competing for government contracts from the Department of Homeland 
Security are appointed to a special advisory council to that same 
Department?
  These events may not be hindering our preparations against another 
terrorist attack, but they surely raise an appearance of am 
impropriety.
  To ensure that the public has full confidence in the Department of 
Homeland Security and the actions that are taken to prepare the 
country, the Senate should pass these important amendments.
  I thank my colleague, Senator Byrd, for raising these important 
issues. I urge my colleagues to support these good government 
amendments.
  I yield the floor.
  The PRESIDING OFFICER (Ms. Murkowski). The Senator from Mississippi.
  Mr. COCHRAN. Madam President, I move to table the Byrd amendment and 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion to table amendment No. 
1367.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I also announce that the Senator from Minnesota (Mr. Dayton), is 
absent attending a funeral.
  I further announce that, if present and voting, the Senator from 
Minnesota (Mr. Dayton), and the Senator from Massachusetts (Mr. Kerry) 
would each vote ``no.''
  The PRESIDING OFFICER (Mr. Crapo). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 51, nays 45, as follows:

                      [Rollcall Vote No. 300 Leg.]

                                YEAS--51

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                                NAYS--45

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Conrad
     Corzine
     Daschle
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Snowe
     Stabenow
     Wyden

                             NOT VOTING--4

     Dayton
     Edwards
     Kerry
     Lieberman
  The motion was agreed to.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Senators Specter and Schumer are now going to offer an 
amendment. They have agreed to take 30 minutes for the two of them. I 
ask unanimous consent that there be 1 hour of debate evenly divided 
between the proponents and opponents of this amendment; that there be 
no second-degree amendments in order prior to any vote on or in 
relation to the amendment.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The Senator from Pennsylvania.


                           Amendment No. 1368

 (Purpose: To increase the funding for discretionary grants for use in 
                        high-threat urban areas)

  Mr. SPECTER. Mr. President, I send an amendment to the desk on behalf 
of Senator Schumer, Senator Warner, Senator Clinton, Senator Mikulski, 
Senator Corzine, Senator Kennedy, Senator Murray, Senator Lautenberg, 
and myself and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter], for himself, 
     Mr. Schumer, Mr. Warner, Mrs. Clinton, Ms. Mikulski, Mr. 
     Corzine, Mr. Kennedy, Mrs. Murray, and Mr. Lautenberg, 
     proposes an amendment numbered 1368.
       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$3,138,000,000''.
       On page 59, line 1, strike ``$750,000,000'' and insert 
     ``$1,000,000,000''.

  Mr. SPECTER. Mr. President, the purpose of this amendment is to 
increase the funding for high threat urban areas from $750 million to 
$1 billion for fiscal year 2004 of the Homeland Security bill. It is 
well known that the threat of terrorism is with us on a daily basis, 
and it is our hope that another terrorist attack such as the one on 
September 11, 2001 can be avoided.
  Our intelligence agencies are working at a high pitch to try to avoid 
such a terrorist attack, but we know it is relatively easy to 
infiltrate our borders, that we have vast areas where we are accessible 
from the sea, land, and air, and that it is possible to bring in 
explosives and dangerous items by way of bioterrorism or explosives.
  There is no doubt that the high-risk areas, urban areas, are more 
susceptible for these kinds of attacks because they pose a target where 
terrorists could reach a large number of people, evidenced by September 
11 when the Trade Towers were attacked, going after thousands of 
people, the plane that went into the Pentagon, and the plane which was 
most likely headed for the Capitol, doing a maximum amount of damage.
  It is obviously necessary to be as prepared as we can be within 
reason, and in order to avoid having the terrorists win, we have to set 
a goal of concern but not being terrified, and a way not to be 
terrified is to be prepared--hopefully, adequately prepared.
  Candidly, it is very difficult to make a determination factually as 
to how much money is adequate. Is $50 million adequate or is $1 billion 
adequate? Nobody can say with absolute certainty. But we believe this 
is a relatively modest increase in the appropriations for high-risk 
areas and that it is well warranted by the facts.
  Earlier today, Senator Santorum and I traveled with President Bush to 
Philadelphia where he spoke. His path is illustrative of the kinds of 
special risks that are present in an urban area such as the city of 
Philadelphia. First,

[[Page S9852]]

we landed at the airport, which is a natural target. Next, we went 
along the highways, another target. Then we traveled over an enormous 
bridge spanning the Schuylkill River, then along the seaport.
  At every step of the way, we were looking at high-risk areas, and the 
number of policemen and security personnel, in addition to the Secret 
Service and Federal personnel, was very substantial.
  In addition to the kinds of areas traversed by the President--the 
airport, the bridges, the seaport, and the highways--the major urban 
areas have subways, tunnels, and railyards, all of which exposes them 
to greater risks.
  It is not only the major cities, the urban areas, which have the high 
risks but there is risk really all across America. No one knows if the 
terrorists will strike again, where the terrorists will strike again, 
when the terrorists will strike again, but we have to be prepared.
  During the July recess, I made it a point to travel through 14 
Pennsylvania counties and visit first responders. I went to the city of 
Pittsburgh--a big city, obviously--to take a look at what was being 
done there, to take a look at the paraphernalia, the clothes worn by 
the firefighters as first responders. They are very expensive. I looked 
at the mechanical units that detect anthrax in the air, that detect 
bioterrorism substances in the area.
  I went to a series of small towns, including the Indiana Volunteer 
Fire Association. I went to the Oil City Fire Department. In the 
smaller communities there is great concern. They are worried a 
terrorist attack on a small community would alarm smaller communities 
all over the country. Whereas smaller communities might feel it is the 
big cities that are the first lines, perhaps it will be the smaller 
communities.
  The funds are distributed to the smaller communities from the States. 
If there is an increase in funding for a State such as Pennsylvania, 
New York, New Jersey, or Maryland, for the high-risk areas, there will 
obviously be more funds available for smaller communities. The big 
cities are being called upon to spend a great deal of money when the 
threat line is elevated.
  In fiscal year 2002, the city of Philadelphia spent $21.2 million on 
increased domestic security costs overtime by the police, fire, and 
public health employees associated with rapid assessment teams. This 
year, from February 7 to February 20, the threat level was increased 
from yellow to orange in the city of Philadelphia, costing an 
additional $1.3 million during that 2-week period alone for domestic 
protection.
  The city of Pittsburgh has also had to bear the costs of increased 
protection resulting from September 11. In fiscal year 2002, the 
Pittsburgh Department of Public Safety spent almost $7 million for 
additional protection. I visited the Allegheny County Threat Center and 
the first responders in Pittsburgh. The money spent so far is clearly 
insufficient. I repeat, no one knows exactly what the costs would be to 
make it sufficient, but there would be some reassurance in the high-
risk areas and also in the balance of the country where the smaller 
communities will get increased funding as a result of a special 
allocation to the high-risk areas which would enable State governments 
to allocate more to the smaller communities with this additional 
allocation, with this additional appropriation.
  Other urban areas are similarly affected. For example, the increased 
police protection in New York City costs approximately $5 million a 
month; protection at the United Nations costs in the range of $8 
million a month. This is just a thumbnail sketch. It could be amplified 
with every city, every urban area, every high-risk area in the country.
  It is our submission in putting forward this amendment that this is a 
modest additional protection on a very serious threat which confronts 
our Nation today.
  How much time remains for the proponents?
  The PRESIDING OFFICER. Twenty-two minutes.
  Mr. SPECTER. I yield the floor.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. Mr. President, I ask for 8 minutes from my colleague 
from Pennsylvania.
  Mr. SPECTER. So done.
  The PRESIDING OFFICER. The Senator from New York is given 8 minutes 
from the proponents' time.
  Mr. SCHUMER. Mr. President, I thank my colleague from Pennsylvania 
for sponsoring this legislation along with me, Senator Warner, Senator 
Clinton, and others. It is vital legislation.
  In general, we have to make homeland security as large a national 
priority as security overseas. I have been supportive of the President 
in fighting the war on terror overseas, but I do not think we are doing 
enough at home. I have had a series of amendments in that regard. This 
amendment may be the most important of all amendments.
  Senator Specter laid this out quite well. We have certain areas that 
have high needs in terms of the threat to them. To take all the money 
in an airplane and let it gradually disperse itself all over the United 
States would not make sense.
  My city of New York has tremendous problems. I live near the Brooklyn 
Bridge. That is, obviously, a target. Our city has two police officers 
at each end of that bridge 24 hours a day, 7 days a week. We could not 
do less given the great needs of security. Just figure that out. Four 
officers to fill a 24-hour a day, 7-day-a week shift. That is 20 just 
for that bridge. Multiply it by the multiplicity of bridges, tunnels, 
the airports and high buildings, and New York City is spending a 
tremendous amount on security.
  It is not just cities such as New York. Buffalo, at the other end of 
my State, is one of the 30 cities wisely included in the high needs 
formula last time by the Homeland Security Department.
  Buffalo has a border with Canada, with bridges. They found a 
terrorist cell in Lackawanna, a city on the border with Canada. All the 
commerce with Canada creates special needs.
  Our amendment says: Let everyone get a certain amount of money. 
Everyone has a police department and a fire department. But understand 
that there are certain areas that have high threat. We ought to do 
something for them.
  This is a modest amendment. First, it only raises the high-needs area 
$250 million to $1 billion. Second--and I underscore this to my 
colleagues because I have been asked--this does not have an offset. It 
does not take money away from the smaller States, smaller cities. The 
theory behind this amendment is we need to do more for our police and 
our fire and our first responders. Therefore, we are not robbing Peter 
to pay Paul. We are, rather, saying let the high-needs areas, the high-
threat areas, be funded.
  Secretary Ridge, former Office of Management and Budget Chair 
Daniels, and, in conversations on the phone, present OMB Chair Bolton 
have all agreed we should improve the formula. We should make it better 
to correspond with high-threat areas. This amendment tries to do that 
by adding some money into the area that, in my opinion, this bill has 
most underfunded: High threat.
  I remind my colleagues of one other point. Last year, we allocated 
$800 million to high threat. The needs are greater. We should be going 
up. The House allocated $500 million in their bill. If we go to 
conference with only the $750 million in the mark, we are virtually 
certain to go backward in terms of the money that high-threat areas 
need and that high-threat areas deserve.
  I quote from a well-received report from the Council on Foreign 
Relations, chaired by a former colleague, Warren Rudman. The Council 
has estimated: The Federal, State, and local spending for homeland 
security should increase by $19.7 billion a year for the next 5 years 
and more targeted to the areas where the threats are.
  If they think we need $19.7 billion more and we are only increasing 
this by $250 million, it shows the modesty of the request compared to 
the actual need.
  To come out of conference and cut money to high-threat areas would be 
just what many feared in the wake of September 11: that we were getting 
complacent; that we are going back to the pre-September 11 days; that 
because nothing has happened in the last year, year and a half, we can 
relax.
  The conditions that cause terrorism, the idea that small groups of 
people

[[Page S9853]]

can use technology to do us terrible damage is with us as much today as 
it was on 9/10/2001. The good news is we can do things to stop it. We 
can do them at the Federal level, and we can do them at the local 
level. But this does cost money.
  Money is dear. Obviously, with the deficit we have and other 
problems, it is dear. But life is even dearer. This is one area where 
nobody disputes that the Federal Government has the lead role. This is 
not something the private sector can do on its own. It is not something 
the States and localities can do on their own.
  I hope my colleagues will support this amendment. Again, it doesn't 
take money from anything else. It does raise the overall amount by a 
modest $250 million but probably in the area of the budget that is 
least funded. Even the mark done by the chairman has less money for 
high-threat areas than we actually allocated last year.
  I yield the floor and return the remainder of my time back to my 
colleague from Pennsylvania, but I hope we will support this amendment.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. I make a point of order under section 302(f) of the 
Congressional Budget Act that the amendment provides funding in excess 
of the subcommittee's 302(b) allocation.
  Mr. SPECTER. Mr. President, I move to waive the point of order 
pursuant to the applicable provisions of law.
  Mr. President, I yield 5 minutes to the Senator from Massachusetts.
  The PRESIDING OFFICER. The Senator from Massachusetts is given 5 
minutes of the proponents' time.
  Mr. KENNEDY. Mr. President, two weeks ago, when Defense Secretary 
Donald Rumsfeld testified before the Senate Armed Services Committee, 
he told us that the current cost of maintaining our troops in Iraq is 
$3.9 billion a month almost $1 billion a week.
  The administration is prepared to meet that financial burden, even as 
the American people are beginning to question the future direction of 
the President's Iraq policies. Hopefully, the death of Saddam's sons 
will reduce the intensity of the guerilla war being waged against our 
troops. Hopefully, the administration will finally seek the support of 
the United Nations and NATO to ease the burden on our troops.
  We all agree that when it comes to homeland security, there is no 
debate. Americans want our cities and our neighborhoods to be safe from 
terrorists, and the expect their government to do what is needed to 
accomplish that task.
  Yet, while we are spending $3.9 billion each month in Iraq, this 
legislation includes only $3.9 billion for the entire year for first 
responders here at home--for the police and firefighters and emergency 
personnel who are the first line of defense against terrorism in our 
communities.
  Perhaps the fact that we are spending more in Iraq each month than we 
are in the United States on our first responders would only be an odd 
coincidence if we were certain that we were doing all we can here at 
home. Unfortunately, all the available evidence suggests otherwise.
  Just last month, the Council on Foreign Relation's Independent Task 
Force issued a report entitled ``Emergency Responders: Drastically 
Underfunded, Dangerously Unprepared,'' and it points a very stark 
picture.
  According to the report, America faces a $98 billion shortfall in 
first responder funding over the next 5 years and only 10 percent of 
fire departments across the country have the personnel, training, and 
equipment to respond to a building collapse. The report also asserts 
that American cities with between 250,000 and 500,000 residents have 
experienced a net 16 percent reduction in police personnel over the 
past 2 years.
  Since September 11th, mid-size American cities have had to reduce 
police staffing by 16 percent. These figures are unacceptable, and they 
are getting worse.
  And yet, time and time again during this debate, we have stood here 
and offered amendments to increase federal funding to help 
municipalities and public agencies with these new homeland security 
responsibilities. But the White House has put its foot down each time, 
and demanded that our colleagues on the other side oppose this badly 
needed funding.
  Just this week we've offered eight critically important homeland 
security funding amendments, each of which has been voted down with 
little consternation about the magnitude of our pressing homeland 
security needs. Each was rejected on the basis of budgetary concerns, 
and with the belief that we are doing all we can. But clearly we are 
not.
  We have offered amendments like Senator Byrd's to add $1.8 billion 
this year for a broad array of homeland security needs such as port 
security, air cargo security, energy security, and transportation 
security. It was rejected.
  We have offered amendments like Senator Mikulski's to add $150 
million to fully fund the firefighters grant programs. It was rejected.
  We have offered amendments like Senator Murray's to add $100 million 
to the National Emergency Management Performance Grants program, which 
helps states develop and implement comprehensive security and emergency 
response plans. It was rejected.
  We have offered amendments like Senator Hollings' to add $300 million 
to fund essential port security programs. It too was rejected, even 
though the security of our nation's ports is widely considered the most 
glaring vulnerability in our Nation's efforts to prevent terrorist 
attacks.
  And finally, we have offered amendments like Senator Dodd's that 
would fund homeland security needs by reducing the recent tax cuts for 
millionaires. It wasn't even close.
  Prudence would dictate that we pause and make absolutely sure that we 
are doing everything possible to provide for homeland security, and not 
simply continue to vote down these amendments because the 
administration doesn't want Federal spending to increase.
  And we still have several more opportunities to do just that.
  I strongly support the amendment offered by Senator Schumer and 
Senator Specter, because it is one such opportunity to make sure that 
our high-threat urban areas receive the assistance they so desperately 
need. This amendment would add $250 million to protect our largest 
cities, which face particularly daunting security challenges.
  My own city of Boston feels this pressure immensely and feels it 
acutely. Boston is the regional economic engine of New England, and the 
center of the seventh-largest metropolitan area in the country.
  Boston is also home to the Nation's oldest subway system, several 
underground highway tunnels, a bustling cargo port, and the only urban 
liquified natural gas facility in the country.
  In short, protecting these pieces of critical infrastructure is a 
task too herculean for the city to handle on its own, especially in the 
current budget climate. It is also a Federal responsibility.
  Additionally, as an international city, Boston is home to over 36 
foreign embassies and tens of thousands of international students. It 
attracts more than 10 million visitors a year from all over the world, 
who come to learn about this ``cradle of liberty,'' where the American 
Revolution began.
  That history, and the numerous public monuments and structures that 
recall it, make Boston a powerful symbol of the American struggle for 
freedom, democracy, and liberty. Unfortunately, that symbolism also 
makes Boston an attractive target.
  Finally, Boston is home to the Nation's mutual fund industry, the 
largest concentration of the world's leading hospitals, and more 
institutions of higher learning than any other city in the United 
States. An incident involving Boston would most certainly cripple the 
nation's economy and dismantle the Nation's health care network.
  I am grateful that Homeland Security Secretary Tom Ridge has 
recognized Boston's unique needs and designated it as a high-threat 
urban area, and I also greatly appreciate that he recently visited 
Boston to see first-hand the challenges confronting Mayor Menino.
  But while this assistance is welcome, it is simply not enough--in the 
face of massive municipal and State budget cutbacks--to meet Boston's 
extraordinary needs, which are only going to

[[Page S9854]]

become more severe during next year's political convention when some 
35,000 delegates, journalists, and visitors come to town.
  Mr. President, we have voted down a great many important homeland 
security funding amendments in the past three days, and we are not 
doing all we can to protect the American people at home.
  We have a $98 billion shortfall for first responders, at the same 
time we have approved a trillion in tax cuts for mostly millionaires 
and at the same time we are sending $3.9 billion each month to Iraq. We 
need to reassess our priorities, and this amendment provides us with 
one more chance to do that before this debate concludes.
  Mr. President, the 9/11 Commission released its report today, the 
``Joint Inquiry, Intelligence Community Activities Before and After the 
Terrorist Attacks of September 11.'' It is full, full of the missed 
opportunities that endangered the security of American lives. It 
catalogues missed opportunity after missed opportunity that contributed 
to the suffering of the 177 Massachusetts families that lost loved ones 
on that horrible day and thousands of other families across the 
country.
  The best answer we can have in response to this report that was made 
available to the American people today is to make sure we are going to 
provide the kind of support for homeland security that this amendment 
provides.
  I hope this Senate will accept the Schumer-Specter amendment because 
it is an important downpayment for the security of our most vulnerable 
American cities. If we are really interested in learning the lessons of 
this report today, we will make sure that the necessary resources are 
provided.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time? Who yields time to the 
Senator from New York?
  Mr. SPECTER. Mr. President, how much time does the Senator from New 
York wish?
  The PRESIDING OFFICER. There are 11.5 minutes remaining.
  Mrs. CLINTON. Five minutes.
  Mr. SPECTER. Agreed to.
  The PRESIDING OFFICER. The Senator from New York is recognized for 5 
minutes.
  Mrs. CLINTON. Mr. President, I thank the Senator from Pennsylvania 
for this time to speak and I also thank him for cosponsoring this 
amendment along with my colleagues Senator Schumer, Senator Warner, and 
myself.
  This money is critically important for high-threat urban areas. It is 
also money that the Secretary of the Department of Homeland Security 
has already made clear is needed in order to address the vulnerability 
and threat and other intelligence information that comes in on an 
hourly basis, not only to the Department of Homeland Security but to 
all of our intelligence agencies.
  The Secretary and the Department have identified so many communities 
as high threat during the past few months that it is a little bit 
daunting. But I agree with that assessment because, whether it is a 
large city such as New York City, or a small community such as 
Lackawanna, we have threats from one part of our country to the next.
  Indeed, just last month Attorney General Ashcroft unsealed an 
indictment against a 34-year-old Ohio truck driver who plotted with al-
Qaida to destroy the Brooklyn Bridge. What more impressive symbol of 
New York and America could you imagine than the Brooklyn Bridge, that 
gateway bridge that connects Manhattan and Brooklyn, which is traveled 
over by thousands and thousands of pedestrians and motor vehicles every 
single day. Faris pled guilty to delivering cash, cell phones, plane 
tickets, and sleeping bags to al-Qaida leaders. We learned that he, 
working with terrorists, was planning to sever the Brooklyn Bridge's 
suspension cables.
  After getting close enough to the bridge to conduct surveillance, 
Faris decided to call off the terrorist attack because of the tight 
security on and around the bridge, provided by the NYPD.
  I am absolutely proud and confident in the activities of the NYPD. 
There is not a better police force anywhere in the world than the New 
York Police Department. They have been vigilant, providing the kind of 
security that is needed. But the NYPD's Operation Atlas that provided 
that security costs New York up to $700,000 a day.
  Some people might say that is a lot of money. Yes, it is a lot of 
money. But compared to destroying the Brooklyn Bridge it is nothing. 
And the fact that the NYPD was on the job, there every single day, 
scaring off terrorist scouts like this man from Ohio, saved how many 
lives? We have no way of calculating.
  In a guilty plea, Faris also admitted to conspiring to pinpoint 
targets for simultaneous terrorist attacks on New York City and 
Washington.
  This indictment was unsealed. His surveillance was conducted, not on 
September 12, 2001, but in recent months. These threats have not gone 
away, and we need to make sure we do everything possible to provide 
more funding to high-threat urban areas.
  Unfortunately, the threat of acts of terrorism against our great 
country and Americans is real. And it is especially so with respect to 
high-threat urban areas like New York, like Buffalo, like Washington, 
and many communities across the United States.
  That's the kind of threat we are talking about, the resources the 
NYPD used in Operation Atlas are the kind of resources that are needed 
to thwart a terrorist threat.
  The NYPD's outstanding efforts also demonstrate how being prepared 
can not only help our first responders and communities be prepared to 
respond to a terrorist attack, but, equally and arguably even more 
important, it unequivocally demonstrates how being prepared--and how 
the terrorists knowing we are prepared--serves to deter or prevent a 
terrorist attack.
  Back in January, I gave a speech at the John Jay College of Criminal 
Justice in New York City to talk about how our country needed to renew 
its commitment to strengthen our domestic defense.
  I also released a report that showed how 70 percent of New York 
cities and counties had not received any Federal homeland security 
funding since September 11, underscoring the need for direct funding.
  In that speech, I talked about the need to provide extra homeland 
security attention to the most vulnerable communities in our country, 
places that are more appealing to terrorists as targets because, for 
example, of the American values they represent or because they are 
densely populated.
  After hearing more and more about the particular needs of high-threat 
urban areas across the country, back in early March, I proposed the 
idea of a Domestic Defense Fund, which had three components: $5 billion 
in direct funding for local communities and States; a $1 billion 
emergency reserve fund that Secretary Ridge could draw down from to 
reimburse cities and States in times of heightened threat, or in the 
event of a high-profile terrorist trial, discovery of a terrorist cell, 
or similar emergency need; and $1 billion for high-threat urban areas 
because, at the time, only $100 million, and more was needed.
  Later than month, I offered an amendment to the budget resolution 
that would have provided for funding for the Domestic Defense Fund, 
including $1 billion for high-threat urban areas, for Fiscal Year 2003. 
Though that amendment was narrowly defeated, I am pleased that I was 
able to bring greater attention to the needs of high-threat urban 
areas.
  And in April during the Senate's consideration of the wartime 
supplemental, I was pleased to join Senators Schumer and Mikulski in 
offering an amendment to the supplemental that would have, among other 
things, provided approximately $1 billion in high-threat urban area 
funding.
  Though that amendment was also narrowly defeated, I am glad, for the 
sake of our country, that the supplemental did in fact include an 
additional $700 million for high-threat urban areas.
  This funding is critically important because of acute and urgent 
homeland security needs that face certain communities in our nation.
  Los Angeles City Councilman Jack Weiss noted that the city has 
actually received little funding to guard against terrorist attack, 
even though it is a high-threat area. Every time the Nation's terror 
alert goes from yellow to orange, it costs Los Angeles $1.5 million a 
week and another $1 million a

[[Page S9855]]

week to protect the Los Angeles International Airport.
  Baltimore spent $17.5 million for homeland security and has received 
very little help from Washington to date.
  The New York City Police Department needs almost $10 million for air 
filtration systems for sensitive police facilities and $27 million is 
needed for additional vessels to patrol the Port of New York. Nearly 2 
years after the September 11 terrorist attacks, New York City's first 
responders--38,000 police officers and 15,000 fire fighters, and 
thousands of EMS, health department and hospital workers--need nearly 
$100 million to ensure that they are properly trained using personal 
protective and detection equipment and in being prepared for a possible 
terrorist attack.
  The Department of Homeland Security has allocated high-threat funding 
based on factors such as credible threat, vulnerability, population, 
the identified needs of public agencies, and the existence of mutual 
aid agreements.
  I ask my colleagues to look at this chart.
  Many communities, not just New York and Washington, have been 
allocated high-threat funding this year, including Houston, Chicago, 
Los Angeles, Denver, Detroit, Phoenix, Baltimore, Dallas, St. Louis, 
Kansas City, Cincinnati, Honolulu, Pittsburgh, Portland, New Orleans, 
Memphis, Cleveland, and Charleston, among others.
  This funding will help all of our Nation's most vulnerable targets. 
The decision is left to Secretary Ridge, but the bottom line is that in 
disbursing these funds, he is recognizing that some communities face a 
particularized threat and need extra assistance.
  I have said this before, but I will say it again that regarding New 
York, I would give anything for terrorists not to be targeting New York 
or Buffalo, but, unfortunately, I can't. What I can do, and what I will 
continue to do, is to try and ensure that these and other high-threat 
urban areas receive the assistance they need and deserve.
  I want to say again that, yes, we have made some progress since 
September 11 in improving our homeland defense, but we have not done 
nearly enough.
  Expert after expert has said it, the Homeland Security Independent 
Task Force of the Council on Foreign Relations--chaired by former 
Senator Warren Rudman)--being the most recent example. It echoes what 
our first responders have told us again and again. I hope, for the sake 
of our country and the American people, that we heed their call.
  This map should serve as a warning. I hope it serves as a reminder, 
and hopefully a convincing display about why we need this extra money 
in order to deal with the threats that we know exist and to make sure 
we have the job done, not only by the Department of Homeland Security 
but by our police officers, our firefighters, and our other homeland 
frontline defenders who live in and protect high-threat urban areas 
such as those on this map.
  I yield the floor.
  Mr. LAUTENBERG. Mr. President, I rise today to offer my strong 
support for this high threat urban area amendment, which I have 
cosponsored. This amendment is of particular interest to me because my 
State is the most densely populated in the Nation and highly vulnerable 
to terrorism.
  New Jersey lost nearly 700 people on September 11 second only to New 
York in the number of casualties. Tens of thousands of New Jerseyans 
could literally see the Towers burning from their homes and offices.
  Not only do these memories linger for my constituents, but the threat 
lingers as well. And part of why I wanted to return to the Senate was 
to work to reduce these threats and bolster homeland security.
  That is why I am disappointed in the funding we have put forward for 
Homeland Security. I believe this bill provides insufficient funding 
for our country's vast and diverse homeland security needs.
  I know the distinguished chairman of the subcommittee worked 
extremely hard to put together a solid bill, but I believe the $28.5 
billion in this bill does not provide enough resources to protect our 
local communities this coming fiscal year.
  The real problem is that there were not enough funds allocated by the 
budget resolution earlier this year for our Nation's homeland security 
needs. While the administration spent much of the winter eagerly 
planning its tax cuts, the real needs of the American people--and the 
needs of local firefighters, policemen and women and emergency room 
staff--have been tragically neglected.
  In addition to the overall spending level, I also want to address a 
truism about homeland security: Whether we like it or not, when it 
comes to which communities are most endangered by terrorism, all 
American communities are not equal.
  There are some parts of this country that are more in danger of a 
possible terrorist attack, because of geographical location, population 
density, number of major transportation hubs, etc. If we ignore this 
reality, than we are failing to adequately address homeland security.
  My state has many densely populated, urban areas that face major 
threats. In addition, a large percentage of my constituents commute to 
work in New York City and Philadelphia every work day. My State is 
traversed by major transit and highway systems that carry not only 
local traffic, but that also serve as major regional and national 
thoroughfares.
  Each of my State's counties, cities, townships and boroughs need 
critical resources to enhance the security of their communities. They 
need first responder equipment and training; resources for hospitals to 
respond to potential attacks; communications equipment for police, 
firefighters and EMTs just to name a few of our pressing needs.
  I must say, currently, in New Jersey, there is a certain 
desperation--a panic even--pervading the first responders who know that 
the communities they are charged to protect might be the next targets.
  For example, the Chief of Police in Jersey City, Jim Buonocore said 
the following about his police department:

       We were the lifeline to New York City during the 9/11 
     attacks. All the food and supplies came from Jersey City in 
     the days following the attacks. We know what it was like. New 
     York City suffered, but we lived through it and we suffered 
     too.

  I am aware that smaller, less populated States across our great 
Nation are also afraid of a possible attack and equally deserving of 
Federal appropriations to prepare themselves for such an eventuality. 
Each State deserves some share of the Federal pot. But the reality is 
that high threat urban centers need a greater percentage, based on 
their population and based on the likelihood that an attack will indeed 
occur in their vicinity.
  I ask my colleagues to consider what is best for the Nation, and the 
best approach is to make sure our most vulnerable areas are protected.
  I thank Senators Schumer and Specter for their leadership on this 
issue, and urge support for this amendment.
  Mr. COCHRAN. Mr. President, have the yeas and nays been ordered on 
the motion to waive?
  The PRESIDING OFFICER. They have not.
  Mr. COCHRAN. I ask for the yeas and nays on the motion to waive.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. COCHRAN. Mr. President, I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Pennsylvania has 6\1/2\ 
minutes remaining.
  Mr. SPECTER. Mr. President, in the absence of any other Senator on 
the floor seeking recognition, I will make a few additional comments 
and then conclude.
  The case in opposition to the proposed amendment has not been 
compelling. The risks of terrorism are ever present. The urban areas 
pose decisively high risks. Taking a look at airports, seaports, 
bridges, tunnels, and rail lines in the overall picture of homeland 
defense, the amendment calls for a relatively modest sum of money.
  I can represent to my colleagues that there is enormous concern among 
the mayors and officials in urban high-risk areas as to what is 
happening. This extra consideration will be very warmly received 
knowing that the Senate of the United States, and hopefully the

[[Page S9856]]

full Congress in conference, recognizes this sort of unique risk and is 
prepared to back up their efforts.
  I ask unanimous consent that Senator Durbin be added as an original 
cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. Mr. President, in light of the tenor of the debate, as I 
have noted the response that enough has been said, I yield back the 
remainder of the proponents' time.
  The PRESIDING OFFICER. All time has expired. The question occurs on 
agreeing to the motion to waive the Congressional Budget Act in 
relation to the Specter amendment No. 1368. The yeas and nays have been 
ordered. The clerk will call the roll.
  The bill clerk called the roll.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I also announce that the Senator from Minnesota (Mr. Dayton) is 
absent attending a funeral.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea''.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 50, nays 46, as follows:

                      [Rollcall Vote No. 301 Leg.]

                                YEAS--50

     Akaka
     Allen
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Carper
     Clinton
     Coleman
     Conrad
     Corzine
     Daschle
     DeWine
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Specter
     Stabenow
     Warner
     Wyden

                                NAYS--46

     Alexander
     Allard
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Collins
     Cornyn
     Craig
     Crapo
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Sessions
     Shelby
     Smith
     Snowe
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich

                             NOT VOTING--4

     Dayton
     Edwards
     Kerry
     Lieberman
  The PRESIDING OFFICER. On this vote, the yeas are 50, the nays are 
46. 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 amendment falls.
  Mr. COCHRAN. Mr. President, I move to reconsider the vote by which 
the motion was rejected.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. Mr. President, Senators Specter and Schumer have an 
amendment. They can complete the debate in 10 minutes. That would be in 
time to have the moment of silence for the two slain officers.
  Following that, Senator Reed of Rhode Island will offer an amendment 
and we will arrange with the leadership when the votes will take place.
  Mr. COCHRAN. Mr. President, that is satisfactory with this side. We 
appreciate the help of the Senator from Nevada in working out this time 
arrangement.
  Mr. REID. Mr. President, I ask unanimous consent that there be no 
second-degree amendments with respect to the Specter-Schumer amendment 
and there be a vote on or in relation to that amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1370

  Mr. SPECTER. Mr. President, I send an amendment to the desk on behalf 
of myself and Senators Schumer, Warner, and Clinton.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Pennsylvania [Mr. Specter], for himself, 
     Mr. Schumer, Mr. Warner, and Mrs. Clinton, proposes an 
     amendment numbered 1370.

  Mr. SPECTER. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To increase the funding for discretionary grants for use in 
 high-threat urban areas and decrease funding for information analysis 
and infrastructure protection, science and technology, and research and 
                              development)

       On page 58, line 6, strike ``$2,888,000,000'' and insert 
     ``$3,138,000,000''.
       On page 59, line 1, strike ``$750,000,000'' and insert 
     ``$1,000,000,000''.
       On page 66, line 9, strike ``$823,700,000'' and insert 
     ``$636,340,000''.
       On page 66, line 23, strike ``$866,000,000'' and insert 
     ``$803,360,000''.

  Mr. SPECTER. Mr. President, this amendment is very similar to the 
last amendment, except that we have provided for an offset.
  This amendment seeks to raise the allocation from $750 million to $1 
billion for high-risk areas, and there is an offset of $62.640 million 
from technology, research, development, and acquisition operations, 
which would bring this figure to the precise amount that is requested 
by the administration, so that this reduction should pose no real 
problem. And there is a reduction of $187,360 from the information 
analysis and infrastructure protection and operating expenses. This, 
again, still leaves that account with considerable funding in the net 
amount of $636.340 million. The last vote was 50-46, 50 for the motion 
to waive the Budget Act. There were some seven Republican Senators who 
voted in favor of waiving the Budget Act, which I think is a sign of 
some substantial support on this side of the aisle. A number of my 
colleagues in the well commented that had there been an offset, there 
would have been a more favorable consideration.
  The essence of this amendment is to more finely target where we are 
spending the money for homeland defense. We really do not seek to take 
advantage of the information analysis section or the science, 
technology, research, and development section, but I think a fair 
appraisal would be that taking a look at the risks on homeland 
security, they are more profoundly present in the urban areas. Again, I 
refer to the trip the President made earlier today to Philadelphia, 
accompanied by Senator Santorum and myself, and that route is 
illustrative--landing at Philadelphia National Airport, which is a 
major target; going over an enormous bridge, which is a major target; 
the Delaware River, which is a major target; and going through tunnels.
  I compliment Senator Cochran for the work that has been done as 
chairman of the subcommittee. I have worked with him as well. I do 
believe that this sort of an increase--relatively modest--would be a 
great encouragement to make the cities safer. I know from my 
conversations with the mayors of Philadelphia and Pittsburgh, and the 
mayor of New York, they are very much concerned about the tremendous 
additional expenses. Earlier today, I made references to the high 
additional costs of the cities, illustrated by the fact that in just a 
2-week period, from February 7 to 20, when the threat went from yellow 
to orange, the city of Philadelphia alone had an additional expense of 
$1.3 million.
  Mr. STEVENS. Parliamentary inquiry, Mr. President. Is there time in 
the agreement for opposition to the amendment?
  The PRESIDING OFFICER. There had been a discussion about 10 minutes, 
but there was no specific time agreement reached. However, under the 
previous order, the Senate, at 3:40, will go into a moment of silence 
in honor of fallen Capitol Police officers.
  Mr. SPECTER. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, I want to reiterate what my colleague 
from Pennsylvania said. It is the same amendment as last time, except 
it has an offset because many colleagues wanted that. The offset 
doesn't come from small States or from any part of the homeland 
security distributional money. Rather, it comes from two categories 
called information analysis and

[[Page S9857]]

infrastructure protection, which is reduced by $187 million. We reduced 
it by adding up all the various specific amounts that were asked for in 
the specific programs, and this was an overage after that. Second, 
science and technology, research and development, where we went with 
the President's commitment of $803 million, rather than the committee 
number of $866 million. Our high-needs areas need help. This will do it 
without breaking the budget by one nickel.
  It does rearrange the priorities some, but it is the priorities we 
think are fair. We are trying to accommodate many colleagues on the 
other side who wished for an offset. This seems to be the right one. I 
reiterate, our high-needs areas, wherever they may be, or high-threat 
areas, need more help than they are given in the bill. The bill goes 
down from the amount we did last year, despite promises by all that it 
would go up. We don't break the budget, and we don't take it from small 
States.
  I urge support for this amendment, and I yield the floor as we 
approach the time of 3:40.

                          ____________________