S12476 CONGRESSIONAL RECORD — SENATE December 6, 2001 The PRESIDING OFFICER. Under in Constitutional Law and Conflicts of The PRESIDING OFFICER. The Sen- the previous order, the nominations Law. Upon his graduation from law ate will be in order. Under the previous are confirmed. The President will be school Joe continued to dedicate him- order, the motion to proceed is agreed immediately notified of the Senate’s self to public service, this time coming to. The motion to reconsider is laid action. here to Washington to serve as Legisla- upon the table. NOMINATION OF DANNY C. REEVES tive Assistant to Senator Dewey Bart- f Mr. BUNNING. Mr. President, I lett. DEPARTMENT OF DEFENSE thank my colleagues for their support Returning to Oklahoma in 1977 he APPROPRIATIONS ACT, 2002 of the nomination of Danny Reeves to practiced law with the prestigious firm be a Federal District Judge for the of Fuller, Tubb & Pomeroy. He is re- The PRESIDING OFFICER. Under Eastern District of Kentucky. spected by his colleagues as an ‘‘honor- the previous order, the Senate will now Danny is a Kentucky native. He grew able and trustworthy leader and proceed to the consideration of H.R. up in Corbin in the eastern part of our friend.’’ While engaged in civil prac- 3338, which the clerk will report. Commonwealth, and later went to col- tice, Joe was elected to the Oklahoma The legislative clerk read as follows: lege at Eastern Kentucky University. House of Representatives where he A bill (H.R. 3338) making appropriations He then graduated with honors from served until 1992. In this capacity as a for the Department of Defense for the fiscal the Chase Law School in northern Ken- year ending September 30, 2002, and for other State legislator, Joe served as the Re- purposes. tucky, and clerked for one of Ken- publican leader for 3 years. His fellow The Senate proceeded to consider the tucky’s leading jurists on the Federal legislators have described him as pos- bill, which had been reported from the bench, Gene Siler. sessing the qualities needed on the Committee on Appropriations with an Since then, Danny has practiced ex- Federal bench. amendment to strike all after the en- clusively at a prominent Kentucky In 1991, I was pleased to recommend acting clause and inserting in lieu firm, specializing in complex civil liti- Joe’s appointment to serve as U.S. at- thereof the following: gation. In that time, he has not only torney for the Western District of represented a number of Kentucky’s Oklahoma. He joined the U.S. attor- DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002 leading businesses, but he has also ney’s office as a special assistant U.S. done a great deal of community service That the following sums are appropriated, out attorney and served in that capacity of any money in the Treasury not otherwise ap- work, focusing on title IX compliance until 1992 when he became the U.S. at- propriated, for the fiscal year ending September for the Kentucky High School Athletic torney. In 1993, Joe returned to private 30, 2002, for military functions administered by Association. practice until 1996 when then U.S. at- the Department of Defense, and for other pur- To be honest, I did not know Danny torney, Patrick Ryan, asked him to re- poses, namely: before I sat down earlier this year to turn to the U.S. attorney’s office. For TITLE I talk with him about his interest in sit- the next 2 years, Joe was acting U.S. MILITARY PERSONNEL ting on the Federal bench. But in the attorney while Mr. Ryan was in Denver MILITARY PERSONNEL, ARMY conversations we have had, it became in connection with the Oklahoma City For pay, allowances, individual clothing, sub- clear that he is a bright, articulate bombing trials of Timothy McVeigh sistence, interest on deposits, gratuities, perma- lawyer who has the demeanor and in- and Terry Nichols. Once again, Joe ex- nent change of station travel (including all ex- tegrity to be a fine judge. I enthusiasti- hibited his strong commitment to serv- penses thereof for organizational movements), cally support his nomination. ing Oklahoma and the Nation. and expenses of temporary duty travel between permanent duty stations, for members of the I thank my colleagues for voting for Joe and his wife Dee Anne are very this nomination. Danny Reeves knows Army on active duty (except members of reserve active in their church where Joe serves components provided for elsewhere), cadets, and the people of eastern Kentucky, he as an Elder. They are proud of their aviation cadets; and for payments pursuant to knows the law and he knows how the two sons, Andrew and Adam. I con- section 156 of Public Law 97–377, as amended (42 Federal bench in the Eastern District gratulate Joe and his family on his U.S.C. 402 note), to section 229(b) of the Social works. He is going to be able to hit the having earned the position for which Security Act (42 U.S.C. 429(b)), and to the De- ground running, and he is going to do President Bush has selected him. I partment of Defense Military Retirement Fund, $23,446,734,000. an exemplary job. The President made thank Chairman LEAHY and Ranking MILITARY PERSONNEL, NAVY a fine choice in nominating him, and Member HATCH for their work on Joe the sooner the Senate can confirm him, Heaton’s nomination. I applaud the For pay, allowances, individual clothing, sub- sistence, interest on deposits, gratuities, perma- the better it will be for justice in Ken- Senate for confirming him as he will tucky. nent change of station travel (including all ex- make an outstanding judge who will penses thereof for organizational movements), NOMINATION OF JOSEPH L. HEATON work diligently to administer justice and expenses of temporary duty travel between Mr. NICKLES. Mr. President, I am while serving as a Federal district permanent duty stations, for members of the pleased the Senate has just confirmed court judge. Navy on active duty (except members of the Re- Joe Heaton, an outstanding individual serve provided for elsewhere), midshipmen, and f and a superb attorney, to be U.S. dis- aviation cadets; and for payments pursuant to trict court judge for Oklahoma’s West- LEGISLATIVE SESSION section 156 of Public Law 97–377, as amended (42 ern District. U.S.C. 402 note), to section 229(b) of the Social The PRESIDING OFFICER. Under Security Act (42 U.S.C. 429(b)), and to the De- President Bush could not have made the previous order, the Senate will re- a finer selection to serve our country partment of Defense Military Retirement Fund, turn to legislative session. $19,465,964,000. as a district court judge. Joe Heaton is MILITARY PERSONNEL, MARINE CORPS exceptionally well qualified and will f prove to be a great asset to the judicial For pay, allowances, individual clothing, sub- AGRICULTURAL CONSERVATION sistence, interest on deposits, gratuities, perma- system in Oklahoma and our country. AND RURAL ENHANCEMENT ACT nent change of station travel (including all ex- Joe graduated from Northwestern OF 2001—MOTION TO PROCEED penses thereof for organizational movements), State College in his home town of Alva, The PRESIDING OFFICER. Under and expenses of temporary duty travel between OK, in 1973. Even before his graduation, permanent duty stations, for members of the the previous order, the hour of 12 noon Joe’s commitment to public service Marine Corps on active duty (except members of was already evident. While still in having arrived, the Senate will resume the Reserve provided for elsewhere); and for school, he was elected to the Alva City consideration of the motion to proceed payments pursuant to section 156 of Public Law Council and later was elected to serve to S. 1731, which the clerk will report. 97–377, as amended (42 U.S.C. 402 note), to sec- tion 229(b) of the Social Security Act (42 U.S.C. as council president. Following gradua- The legislative clerk read as follows: Motion to proceed to consider S. 1731, to 429(b)), and to the Department of Defense Mili- tion from college, Joe attended the tary Retirement Fund, $7,335,370,000. University of Oklahoma School of Law strengthen the safety net for agricultural producers, to enhance resource conservation MILITARY PERSONNEL, AIR FORCE where he excelled, making Oklahoma and rural development, provide for farm For pay, allowances, individual clothing, sub- Law Review and Order of the Coif. He credit, agricultural research, nutrition, and sistence, interest on deposits, gratuities, perma- was also on the Dean’s honor roll and related programs, and to ensure consumers nent change of station travel (including all ex- won American Jurisprudence Awards abundant food and fiber. penses thereof for organizational movements),

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 6333 E:\CR\FM\G06DE6.032 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12477

and expenses of temporary duty travel between specified in section 12310(a) of title 10, United OPERATION AND MAINTENANCE, NAVY RESERVE permanent duty stations, for members of the Air States Code, or while undergoing training, or For expenses, not otherwise provided for, nec- Force on active duty (except members of reserve while performing drills or equivalent duty or essary for the operation and maintenance, in- components provided for elsewhere), cadets, and other duty, and expenses authorized by section cluding training, organization, and administra- aviation cadets; and for payments pursuant to 16131 of title 10, United States Code; and for tion, of the Navy Reserve; repair of facilities section 156 of Public Law 97–377, as amended (42 payments to the Department of Defense Military and equipment; hire of passenger motor vehicles; U.S.C. 402 note), to section 229(b) of the Social Retirement Fund, $4,052,695,000. travel and transportation; care of the dead; re- Security Act (42 U.S.C. 429(b)), and to the De- NATIONAL GUARD PERSONNEL, AIR FORCE cruiting; procurement of services, supplies, and partment of Defense Military Retirement Fund, For pay, allowances, clothing, subsistence, equipment; and communications, $1,003,690,000. $20,032,704,000. gratuities, travel, and related expenses for per- OPERATION AND MAINTENANCE, MARINE CORPS RESERVE PERSONNEL, ARMY sonnel of the Air National Guard on duty under RESERVE For pay, allowances, clothing, subsistence, section 10211, 10305, or 12402 of title 10 or section For expenses, not otherwise provided for, nec- gratuities, travel, and related expenses for per- 708 of title 32, United States Code, or while serv- essary for the operation and maintenance, in- sonnel of the Army Reserve on active duty ing on duty under section 12301(d) of title 10 or cluding training, organization, and administra- under sections 10211, 10302, and 3038 of title 10, section 502(f) of title 32, United States Code, in tion, of the Marine Corps Reserve; repair of fa- United States Code, or while serving on active connection with performing duty specified in cilities and equipment; hire of passenger motor duty under section 12301(d) of title 10, United section 12310(a) of title 10, United States Code, vehicles; travel and transportation; care of the States Code, in connection with performing duty or while undergoing training, or while per- dead; recruiting; procurement of services, sup- specified in section 12310(a) of title 10, United forming drills or equivalent duty or other duty, plies, and equipment; and communications, States Code, or while undergoing reserve train- and expenses authorized by section 16131 of title $144,023,000. ing, or while performing drills or equivalent 10, United States Code; and for payments to the OPERATION AND MAINTENANCE, AIR FORCE duty or other duty, and for members of the Re- Department of Defense Military Retirement RESERVE serve Officers’ Training Corps, and expenses au- Fund, $1,783,744,000. For expenses, not otherwise provided for, nec- thorized by section 16131 of title 10, United TITLE II essary for the operation and maintenance, in- States Code; and for payments to the Depart- OPERATION AND MAINTENANCE cluding training, organization, and administra- ment of Defense Military Retirement Fund, tion, of the Air Force Reserve; repair of facilities OPERATION AND MAINTENANCE, ARMY $2,670,197,000. and equipment; hire of passenger motor vehicles; RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, nec- travel and transportation; care of the dead; re- For pay, allowances, clothing, subsistence, essary for the operation and maintenance of the cruiting; procurement of services, supplies, and gratuities, travel, and related expenses for per- Army, as authorized by law; and not to exceed equipment; and communications, $2,023,866,000. sonnel of the Navy Reserve on active duty under $10,794,000 can be used for emergencies and ex- OPERATION AND MAINTENANCE, ARMY NATIONAL section 10211 of title 10, United States Code, or traordinary expenses, to be expended on the ap- GUARD proval or authority of the Secretary of the while serving on active duty under section For expenses of training, organizing, and ad- Army, and payments may be made on his certifi- 12301(d) of title 10, United States Code, in con- ministering the Army National Guard, including cate of necessity for confidential military pur- nection with performing duty specified in sec- medical and hospital treatment and related ex- poses, $22,941,588,000. tion 12310(a) of title 10, United States Code, or penses in non-Federal hospitals; maintenance, while undergoing reserve training, or while per- OPERATION AND MAINTENANCE, NAVY operation, and repairs to structures and facili- forming drills or equivalent duty, and for mem- For expenses, not otherwise provided for, nec- ties; hire of passenger motor vehicles; personnel bers of the Reserve Officers’ Training Corps, essary for the operation and maintenance of the services in the National Guard Bureau; travel and expenses authorized by section 16131 of title Navy and the Marine Corps, as authorized by expenses (other than mileage), as authorized by 10, United States Code; and for payments to the law; and not to exceed $4,569,000 can be used for law for Army personnel on active duty, for Department of Defense Military Retirement emergencies and extraordinary expenses, to be Army National Guard division, regimental, and Fund, $1,650,523,000. expended on the approval or authority of the battalion commanders while inspecting units in RESERVE PERSONNEL, MARINE CORPS Secretary of the Navy, and payments may be compliance with National Guard Bureau regula- For pay, allowances, clothing, subsistence, made on his certificate of necessity for confiden- tions when specifically authorized by the Chief, gratuities, travel, and related expenses for per- tial military purposes, $27,038,067,000. National Guard Bureau; supplying and equip- sonnel of the Marine Corps Reserve on active OPERATION AND MAINTENANCE, MARINE CORPS ping the Army National Guard as authorized by law; and expenses of repair, modification, main- duty under section 10211 of title 10, United For expenses, not otherwise provided for, nec- tenance, and issue of supplies and equipment States Code, or while serving on active duty essary for the operation and maintenance of the (including aircraft), $3,743,808,000. under section 12301(d) of title 10, United States Marine Corps, as authorized by law, Code, in connection with performing duty speci- $2,903,863,000. OPERATION AND MAINTENANCE, AIR NATIONAL fied in section 12310(a) of title 10, United States GUARD OPERATION AND MAINTENANCE, AIR FORCE Code, or while undergoing reserve training, or For operation and maintenance of the Air Na- while performing drills or equivalent duty, and For expenses, not otherwise provided for, nec- tional Guard, including medical and hospital for members of the Marine Corps platoon leaders essary for the operation and maintenance of the treatment and related expenses in non-Federal class, and expenses authorized by section 16131 Air Force, as authorized by law; and not to ex- hospitals; maintenance, operation, repair, and of title 10, United States Code; and for payments ceed $7,998,000 can be used for emergencies and other necessary expenses of facilities for the to the Department of Defense Military Retire- extraordinary expenses, to be expended on the training and administration of the Air National ment Fund, $466,300,000. approval or authority of the Secretary of the Air Guard, including repair of facilities, mainte- RESERVE PERSONNEL, AIR FORCE Force, and payments may be made on his certifi- nance, operation, and modification of aircraft; cate of necessity for confidential military pur- transportation of things, hire of passenger For pay, allowances, clothing, subsistence, poses, $26,303,436,000. gratuities, travel, and related expenses for per- motor vehicles; supplies, materials, and equip- sonnel of the Air Force Reserve on active duty OPERATION AND MAINTENANCE, DEFENSE-WIDE ment, as authorized by law for the Air National under sections 10211, 10305, and 8038 of title 10, For expenses, not otherwise provided for, nec- Guard; and expenses incident to the mainte- United States Code, or while serving on active essary for the operation and maintenance of ac- nance and use of supplies, materials, and equip- duty under section 12301(d) of title 10, United tivities and agencies of the Department of De- ment, including such as may be furnished from States Code, in connection with performing duty fense (other than the military departments), as stocks under the control of agencies of the De- specified in section 12310(a) of title 10, United authorized by law, $12,864,644,000, of which not partment of Defense; travel expenses (other than States Code, or while undergoing reserve train- to exceed $25,000,000 may be available for the mileage) on the same basis as authorized by law ing, or while performing drills or equivalent CINC initiative fund account; and of which not for Air National Guard personnel on active Fed- duty or other duty, and for members of the Air to exceed $33,500,000 can be used for emergencies eral duty, for Air National Guard commanders Reserve Officers’ Training Corps, and expenses and extraordinary expenses, to be expended on while inspecting units in compliance with Na- authorized by section 16131 of title 10, United the approval or authority of the Secretary of tional Guard Bureau regulations when specifi- States Code; and for payments to the Depart- Defense, and payments may be made on his cer- cally authorized by the Chief, National Guard ment of Defense Military Retirement Fund, tificate of necessity for confidential military Bureau, $3,998,361,000. $1,061,160,000. purposes. UNITED STATES COURTS OF APPEALS FOR THE NATIONAL GUARD PERSONNEL, ARMY OPERATION AND MAINTENANCE, ARMY RESERVE ARMED FORCES For pay, allowances, clothing, subsistence, For expenses, not otherwise provided for, nec- For salaries and expenses necessary for the gratuities, travel, and related expenses for per- essary for the operation and maintenance, in- United States Court of Appeals for the Armed sonnel of the Army National Guard while on cluding training, organization, and administra- Forces, $9,096,000, of which not to exceed $2,500 duty under section 10211, 10302, or 12402 of title tion, of the Army Reserve; repair of facilities can be used for official representation purposes. 10 or section 708 of title 32, United States Code, and equipment; hire of passenger motor vehicles; ENVIRONMENTAL RESTORATION, ARMY or while serving on duty under section 12301(d) travel and transportation; care of the dead; re- (INCLUDING TRANSFER OF FUNDS) of title 10 or section 502(f ) of title 32, United cruiting; procurement of services, supplies, and For the Department of the Army, $389,800,000, States Code, in connection with performing duty equipment; and communications, $1,771,246,000. to remain available until transferred: Provided,

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 S12478 CONGRESSIONAL RECORD — SENATE December 6, 2001 That the Secretary of the Army shall, upon de- of hazardous waste, removal of unsafe buildings vate plants; reserve plant and Government and termining that such funds are required for envi- and debris at sites formerly used by the Depart- contractor-owned equipment layaway; and ronmental restoration, reduction and recycling ment of Defense, transfer the funds made avail- other expenses necessary for the foregoing pur- of hazardous waste, removal of unsafe buildings able by this appropriation to other appropria- poses, $1,774,154,000, to remain available for ob- and debris of the Department of the Army, or tions made available to the Department of the ligation until September 30, 2004. for similar purposes, transfer the funds made Army, to be merged with and to be available for PROCUREMENT OF WEAPONS AND TRACKED available by this appropriation to other appro- the same purposes and for the same time period COMBAT VEHICLES, ARMY priations made available to the Department of as the appropriations to which transferred: Pro- For construction, procurement, production, the Army, to be merged with and to be available vided further, That upon a determination that and modification of weapons and tracked com- for the same purposes and for the same time pe- all or part of the funds transferred from this ap- bat vehicles, equipment, including ordnance, riod as the appropriations to which transferred: propriation are not necessary for the purposes spare parts, and accessories therefor; specialized Provided further, That upon a determination provided herein, such amounts may be trans- equipment and training devices; expansion of that all or part of the funds transferred from ferred back to this appropriation. public and private plants, including the land this appropriation are not necessary for the pur- OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC necessary therefor, for the foregoing purposes, poses provided herein, such amounts may be AID and such lands and interests therein, may be ac- transferred back to this appropriation. For expenses relating to the Overseas Human- quired, and construction prosecuted thereon ENVIRONMENTAL RESTORATION, NAVY itarian, Disaster, and Civic Aid programs of the prior to approval of title; and procurement and (INCLUDING TRANSFER OF FUNDS) Department of Defense (consisting of the pro- installation of equipment, appliances, and ma- chine tools in public and private plants; reserve For the Department of the Navy, $257,517,000, grams provided under sections 401, 402, 404, plant and Government and contractor-owned to remain available until transferred: Provided, 2547, and 2551 of title 10, United States Code), equipment layaway; and other expenses nec- That the Secretary of the Navy shall, upon de- $44,700,000, to remain available until September essary for the foregoing purposes, $2,174,546,000, termining that such funds are required for envi- 30, 2003. to remain available for obligation until Sep- ronmental restoration, reduction and recycling FORMER SOVIET UNION THREAT REDUCTION tember 30, 2004. of hazardous waste, removal of unsafe buildings For assistance to the republics of the former PROCUREMENT OF AMMUNITION, ARMY and debris of the Department of the Navy, or for Soviet Union, including assistance provided by similar purposes, transfer the funds made avail- contract or by grants, for facilitating the elimi- For construction, procurement, production, able by this appropriation to other appropria- nation and the safe and secure transportation and modification of ammunition, and acces- tions made available to the Department of the and storage of nuclear, chemical and other sories therefor; specialized equipment and train- Navy, to be merged with and to be available for weapons; for establishing programs to prevent ing devices; expansion of public and private the same purposes and for the same time period the proliferation of weapons, weapons compo- plants, including ammunition facilities author- as the appropriations to which transferred: Pro- nents, and weapon-related technology and ex- ized by section 2854 of title 10, United States vided further, That upon a determination that pertise; for programs relating to the training Code, and the land necessary therefor, for the all or part of the funds transferred from this ap- and support of defense and military personnel foregoing purposes, and such lands and inter- propriation are not necessary for the purposes for demilitarization and protection of weapons, ests therein, may be acquired, and construction provided herein, such amounts may be trans- weapons components and weapons technology prosecuted thereon prior to approval of title; ferred back to this appropriation. and expertise, and for defense and military con- and procurement and installation of equipment, appliances, and machine tools in public and pri- ENVIRONMENTAL RESTORATION, AIR FORCE tacts, $357,000,000, to remain available until Sep- vate plants; reserve plant and Government and (INCLUDING TRANSFER OF FUNDS) tember 30, 2004: Provided, That of the amounts provided under this heading, $15,000,000 shall be contractor-owned equipment layaway; and For the Department of the Air Force, other expenses necessary for the foregoing pur- $385,437,000, to remain available until trans- available only to support the dismantling and disposal of nuclear submarines and submarine poses, $1,171,465,000, to remain available for ob- ferred: Provided, That the Secretary of the Air ligation until September 30, 2004. Force shall, upon determining that such funds reactor components in the Russian Far East. OTHER PROCUREMENT, ARMY are required for environmental restoration, re- SUPPORT FOR INTERNATIONAL SPORTING For construction, procurement, production, duction and recycling of hazardous waste, re- COMPETITIONS, DEFENSE and modification of vehicles, including tactical, moval of unsafe buildings and debris of the De- For logistical and security support for inter- support, and non-tracked combat vehicles; the partment of the Air Force, or for similar pur- national sporting competitions (including pay purchase of not to exceed 29 passenger motor ve- poses, transfer the funds made available by this and non-travel related allowances only for mem- hicles for replacement only; and the purchase of appropriation to other appropriations made bers of the Reserve Components of the Armed 3 vehicles required for physical security of per- available to the Department of the Air Force, to Forces of the United States called or ordered to sonnel, notwithstanding price limitations appli- be merged with and to be available for the same active duty in connection with providing such cable to passenger vehicles but not to exceed purposes and for the same time period as the ap- support), $15,800,000, to remain available until $200,000 per vehicle; communications and elec- propriations to which transferred: Provided fur- expended. tronic equipment; other support equipment; ther, That upon a determination that all or part TITLE III spare parts, ordnance, and accessories therefor; of the funds transferred from this appropriation PROCUREMENT specialized equipment and training devices; ex- are not necessary for the purposes provided pansion of public and private plants, including herein, such amounts may be transferred back AIRCRAFT PROCUREMENT, ARMY the land necessary therefor, for the foregoing to this appropriation. For construction, procurement, production, modification, and modernization of aircraft, purposes, and such lands and interests therein, ENVIRONMENTAL RESTORATION, DEFENSE-WIDE equipment, including ordnance, ground han- may be acquired, and construction prosecuted (INCLUDING TRANSFER OF FUNDS) dling equipment, spare parts, and accessories thereon prior to approval of title; and procure- For the Department of Defense, $23,492,000, to therefor; specialized equipment and training de- ment and installation of equipment, appliances, remain available until transferred: Provided, vices; expansion of public and private plants, and machine tools in public and private plants; That the Secretary of Defense shall, upon deter- including the land necessary therefor, for the reserve plant and Government and contractor- mining that such funds are required for envi- foregoing purposes, and such lands and inter- owned equipment layaway; and other expenses ronmental restoration, reduction and recycling ests therein, may be acquired, and construction necessary for the foregoing purposes, of hazardous waste, removal of unsafe buildings prosecuted thereon prior to approval of title; $4,160,186,000, to remain available for obligation and debris of the Department of Defense, or for and procurement and installation of equipment, until September 30, 2004. similar purposes, transfer the funds made avail- appliances, and machine tools in public and pri- AIRCRAFT PROCUREMENT, NAVY able by this appropriation to other appropria- vate plants; reserve plant and Government and For construction, procurement, production, tions made available to the Department of De- contractor-owned equipment layaway; and modification, and modernization of aircraft, fense, to be merged with and to be available for other expenses necessary for the foregoing pur- equipment, including ordnance, spare parts, the same purposes and for the same time period poses, $1,893,891,000, to remain available for ob- and accessories therefor; specialized equipment; as the appropriations to which transferred: Pro- ligation until September 30, 2004. expansion of public and private plants, includ- vided further, That upon a determination that MISSILE PROCUREMENT, ARMY ing the land necessary therefor, and such lands all or part of the funds transferred from this ap- and interests therein, may be acquired, and con- propriation are not necessary for the purposes For construction, procurement, production, modification, and modernization of missiles, struction prosecuted thereon prior to approval provided herein, such amounts may be trans- of title; and procurement and installation of ferred back to this appropriation. equipment, including ordnance, ground han- dling equipment, spare parts, and accessories equipment, appliances, and machine tools in ENVIRONMENTAL RESTORATION, FORMERLY USED therefor; specialized equipment and training de- public and private plants; reserve plant and DEFENSE SITES vices; expansion of public and private plants, Government and contractor-owned equipment (INCLUDING TRANSFER OF FUNDS) including the land necessary therefor, for the layaway, $8,030,043,000, to remain available for For the Department of the Army, $230,255,000, foregoing purposes, and such lands and inter- obligation until September 30, 2004. to remain available until transferred: Provided, ests therein, may be acquired, and construction WEAPONS PROCUREMENT, NAVY That the Secretary of the Army shall, upon de- prosecuted thereon prior to approval of title; For construction, procurement, production, termining that such funds are required for envi- and procurement and installation of equipment, modification, and modernization of missiles, tor- ronmental restoration, reduction and recycling appliances, and machine tools in public and pri- pedoes, other weapons, and related support

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12479 equipment including spare parts, and acces- ordnance for new aircraft, new ships, and ships vate plants; reserve plant and Government and sories therefor; expansion of public and private authorized for conversion); the purchase of not contractor-owned equipment layaway; and plants, including the land necessary therefor, to exceed 152 passenger motor vehicles for re- other expenses necessary for the foregoing pur- and such lands and interests therein, may be ac- placement only, and the purchase of five vehi- poses, $873,344,000, to remain available for obli- quired, and construction prosecuted thereon cles required for physical security of personnel, gation until September 30, 2004. prior to approval of title; and procurement and notwithstanding price limitations applicable to OTHER PROCUREMENT, AIR FORCE installation of equipment, appliances, and ma- passenger vehicles but not to exceed $200,000 per For procurement and modification of equip- chine tools in public and private plants; reserve unit for two units and not to exceed $115,000 per ment (including ground guidance and electronic plant and Government and contractor-owned unit for the remaining three units; expansion of control equipment, and ground electronic and equipment layaway, $1,478,075,000, to remain public and private plants, including the land communication equipment), and supplies, mate- available for obligation until September 30, 2004. necessary therefor, and such lands and interests rials, and spare parts therefor, not otherwise PROCUREMENT OF AMMUNITION, NAVY AND therein, may be acquired, and construction provided for; the purchase of not to exceed 216 MARINE CORPS prosecuted thereon prior to approval of title; passenger motor vehicles for replacement only, and procurement and installation of equipment, For construction, procurement, production, and the purchase of three vehicles required for appliances, and machine tools in public and pri- and modification of ammunition, and acces- physical security of personnel, notwithstanding vate plants; reserve plant and Government and sories therefor; specialized equipment and train- price limitations applicable to passenger vehicles contractor-owned equipment layaway, ing devices; expansion of public and private but not to exceed $200,000; lease of passenger $4,146,338,000, to remain available for obligation plants, including ammunition facilities author- motor vehicles; and expansion of public and pri- until September 30, 2004. ized by section 2854 of title 10, United States vate plants, Government-owned equipment and Code, and the land necessary therefor, for the PROCUREMENT, MARINE CORPS installation thereof in such plants, erection of foregoing purposes, and such lands and inter- For expenses necessary for the procurement, structures, and acquisition of land, for the fore- ests therein, may be acquired, and construction manufacture, and modification of missiles, ar- going purposes, and such lands and interests prosecuted thereon prior to approval of title; mament, military equipment, spare parts, and therein, may be acquired, and construction and procurement and installation of equipment, accessories therefor; plant equipment, appli- prosecuted thereon, prior to approval of title; re- appliances, and machine tools in public and pri- ances, and machine tools, and installation serve plant and Government and contractor- vate plants; reserve plant and Government and thereof in public and private plants; reserve owned equipment layaway, $8,144,174,000, to re- contractor-owned equipment layaway; and plant and Government and contractor-owned main available for obligation until September 30, other expenses necessary for the foregoing pur- equipment layaway; vehicles for the Marine 2004. poses, $442,799,000, to remain available for obli- Corps, including the purchase of not to exceed PROCUREMENT, DEFENSE-WIDE gation until September 30, 2004. 25 passenger motor vehicles for replacement For expenses of activities and agencies of the SHIPBUILDING AND CONVERSION, NAVY only; and expansion of public and private Department of Defense (other than the military plants, including land necessary therefor, and For expenses necessary for the construction, departments) necessary for procurement, pro- such lands and interests therein, may be ac- duction, and modification of equipment, sup- acquisition, or conversion of vessels as author- quired, and construction prosecuted thereon ized by law, including armor and armament plies, materials, and spare parts therefor, not prior to approval of title, $974,054,000, to remain otherwise provided for; the purchase of not to thereof, plant equipment, appliances, and ma- available for obligation until September 30, 2004. chine tools and installation thereof in public exceed 115 passenger motor vehicles for replace- AIRCRAFT PROCUREMENT, AIR FORCE and private plants; reserve plant and Govern- ment only; the purchase of 10 vehicles required ment and contractor-owned equipment layaway; For construction, procurement, lease, and for physical security of personnel, notwith- procurement of critical, long leadtime compo- modification of aircraft and equipment, includ- standing price limitations applicable to pas- nents and designs for vessels to be constructed ing armor and armament, specialized ground senger vehicles but not to exceed $250,000 per ve- or converted in the future; and expansion of handling equipment, and training devices, spare hicle; expansion of public and private plants, public and private plants, including land nec- parts, and accessories therefor; specialized equipment, and installation thereof in such essary therefor, and such lands and interests equipment; expansion of public and private plants, erection of structures, and acquisition of therein, may be acquired, and construction plants, Government-owned equipment and in- land for the foregoing purposes, and such lands prosecuted thereon prior to approval of title, as stallation thereof in such plants, erection of and interests therein, may be acquired, and con- follows: structures, and acquisition of land, for the fore- struction prosecuted thereon prior to approval Carrier Replacement Program (AP), going purposes, and such lands and interests of title; reserve plant and Government and con- $138,890,000; therein, may be acquired, and construction tractor-owned equipment layaway, SSGN (AP), $279,440,000; prosecuted thereon prior to approval of title; re- $1,473,795,000, to remain available for obligation NSSN, $1,608,914,000; serve plant and Government and contractor- until September 30, 2004. NSSN (AP), $684,288,000; owned equipment layaway; and other expenses DEFENSE PRODUCTION ACT PURCHASES CVN Refuelings, $1,118,124,000; necessary for the foregoing purposes including For activities by the Department of Defense CVN Refuelings (AP), $73,707,000; rents and transportation of things, pursuant to sections 108, 301, 302, and 303 of the Submarine Refuelings, $382,265,000; $10,617,332,000, to remain available for obliga- Defense Production Act of 1950 (50 U.S.C. App. Submarine Refuelings (AP), $77,750,000; tion until September 30, 2004. 2078, 2091, 2092, and 2093), $15,000,000 to remain DDG–51 destroyer program, $2,966,036,000; MISSILE PROCUREMENT, AIR FORCE available until expended. Cruiser conversion (AP), $458,238,000; For construction, procurement, and modifica- NATIONAL GUARD AND RESERVE EQUIPMENT LPD–17 (AP), $155,000,000; tion of missiles, spacecraft, rockets, and related For procurement of aircraft, missiles, tracked LHD–8, $267,238,000; equipment, including spare parts and acces- LCAC landing craft air cushion program, combat vehicles, ammunition, other weapons, sories therefor, ground handling equipment, and and other procurement for the reserve compo- $52,091,000; training devices; expansion of public and pri- Prior year shipbuilding costs, $725,000,000; nents of the Armed Forces, $560,505,000, to re- vate plants, Government-owned equipment and main available for obligation until September 30, and installation thereof in such plants, erection of For craft, outfitting, post delivery, conver- 2004: Provided, That the Chiefs of the Reserve structures, and acquisition of land, for the fore- and National Guard components shall, not later sions, and first destination transformation going purposes, and such lands and interests transportation, $307,230,000; than 30 days after the enactment of this Act, in- therein, may be acquired, and construction dividually submit to the congressional defense In all: $9,294,211,000, to remain available for ob- prosecuted thereon prior to approval of title; re- committees the modernization priority assess- ligation until September 30, 2006: Provided, That serve plant and Government and contractor- ment for their respective Reserve or National additional obligations may be incurred after owned equipment layaway; and other expenses Guard component. September 30, 2006, for engineering services, necessary for the foregoing purposes including TITLE IV tests, evaluations, and other such budgeted rents and transportation of things, work that must be performed in the final stage $3,657,522,000, to remain available for obligation RESEARCH, DEVELOPMENT, TEST AND of ship construction: Provided further, That until September 30, 2004. EVALUATION none of the funds provided under this heading PROCUREMENT OF AMMUNITION, AIR FORCE RESEARCH, DEVELOPMENT, TEST AND for the construction or conversion of any naval EVALUATION, ARMY For construction, procurement, production, vessel to be constructed in shipyards in the and modification of ammunition, and acces- For expenses necessary for basic and applied United States shall be expended in foreign fa- sories therefor; specialized equipment and train- scientific research, development, test and eval- cilities for the construction of major components ing devices; expansion of public and private uation, including maintenance, rehabilitation, of such vessel: Provided further, That none of plants, including ammunition facilities author- lease, and operation of facilities and equipment, the funds provided under this heading shall be ized by section 2854 of title 10, United States $6,742,123,000, to remain available for obligation used for the construction of any naval vessel in Code, and the land necessary therefor, for the until September 30, 2003. foreign shipyards. foregoing purposes, and such lands and inter- RESEARCH, DEVELOPMENT, TEST AND OTHER PROCUREMENT, NAVY ests therein, may be acquired, and construction EVALUATION, NAVY For procurement, production, and moderniza- prosecuted thereon prior to approval of title; For expenses necessary for basic and applied tion of support equipment and materials not and procurement and installation of equipment, scientific research, development, test and eval- otherwise provided for, Navy ordnance (except appliances, and machine tools in public and pri- uation, including maintenance, rehabilitation,

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 S12480 CONGRESSIONAL RECORD — SENATE December 6, 2001 lease, and operation of facilities and equipment, for Operation and maintenance, of which not to the funds appropriated under this heading, $10,742,710,000, to remain available for obliga- exceed 2 percent shall remain available until $27,000,000 shall be transferred to the Depart- tion until September 30, 2003. September 30, 2003; of which $267,915,000, to re- ment of Justice for the National Drug Intel- RESEARCH, DEVELOPMENT, TEST AND main available for obligation until September 30, ligence Center to support the Department of De- EVALUATION, AIR FORCE 2004, shall be for Procurement; of which fense’s counter-drug intelligence responsibilities, For expenses necessary for basic and applied $452,304,000, to remain available for obligation and of the said amount, $1,500,000 for Procure- scientific research, development, test and eval- until September 30, 2003, shall be for Research, ment shall remain available until September 30, uation, including maintenance, rehabilitation, development, test and evaluation. 2004, and $1,000,000 for Research, development, lease, and operation of facilities and equipment, CHEMICAL AGENTS AND MUNITIONS test and evaluation shall remain available until $13,859,401,000, to remain available for obliga- DESTRUCTION, ARMY September 30, 2003: Provided further, That the tion until September 30, 2003. For expenses, not otherwise provided for, nec- National Drug Intelligence Center shall main- tain the personnel and technical resources to RESEARCH, DEVELOPMENT, TEST AND essary for the destruction of the United States stockpile of lethal chemical agents and muni- provide timely support to law enforcement au- EVALUATION, DEFENSE-WIDE thorities to conduct document exploitation of For expenses of activities and agencies of the tions in accordance with the provisions of sec- tion 1412 of the Department of Defense Author- materials collected in Federal, State, and local Department of Defense (other than the military law enforcement activity. departments), necessary for basic and applied ization Act, 1986 (50 U.S.C. 1521), and for the PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, scientific research, development, test and eval- destruction of other chemical warfare materials REMEDIATION, AND ENVIRONMENTAL RESTORA- uation; advanced research projects as may be that are not in the chemical weapon stockpile, TION FUND designated and determined by the Secretary of $1,104,557,000, of which $739,020,000 shall be for Defense, pursuant to law; maintenance, reha- Operation and maintenance to remain available For payment to Kaho’olawe Island Convey- bilitation, lease, and operation of facilities and until September 30, 2003, $164,158,000 shall be for ance, Remediation, and Environmental Restora- equipment, $14,445,589,000, to remain available Procurement to remain available until Sep- tion Fund, as authorized by law, $75,000,000, to for obligation until September 30, 2003. tember 30, 2004, and $201,379,000 shall be for Re- remain available until expended. search, development, test and evaluation to re- NATIONAL SECURITY EDUCATION TRUST FUND OPERATIONAL TEST AND EVALUATION, DEFENSE main available until September 30, 2003. For the purposes of title VIII of Public Law For expenses, not otherwise provided for, nec- DRUG INTERDICTION AND COUNTER-DRUG 102–183, $8,000,000, to be derived from the Na- essary for the independent activities of the Di- ACTIVITIES, DEFENSE tional Security Education Trust Fund, to re- rector, Operational Test and Evaluation in the main available until expended. direction and supervision of operational test (INCLUDING TRANSFER OF FUNDS) and evaluation, including initial operational For drug interdiction and counter-drug activi- TITLE VIII test and evaluation which is conducted prior to, ties of the Department of Defense, for transfer GENERAL PROVISIONS—DEPARTMENT OF and in support of, production decisions; joint to appropriations available to the Department of DEFENSE operational testing and evaluation; and admin- Defense for military personnel of the reserve SEC. 8001. No part of any appropriation con- istrative expenses in connection therewith, components serving under the provisions of title tained in this Act shall be used for publicity or $216,855,000, to remain available for obligation 10 and title 32, United States Code; for Oper- propaganda purposes not authorized by the until September 30, 2003. ation and maintenance; for Procurement; and Congress. for Research, development, test and evaluation, TITLE V SEC. 8002. During the current fiscal year, pro- $865,981,000: Provided, That the funds appro- REVOLVING AND MANAGEMENT FUNDS visions of law prohibiting the payment of com- priated under this heading shall be available for pensation to, or employment of, any person not DEFENSE WORKING CAPITAL FUNDS obligation for the same time period and for the a citizen of the United States shall not apply to For the Defense Working Capital Funds; same purpose as the appropriation to which personnel of the Department of Defense: Pro- $1,826,986,000: Provided, That during fiscal year transferred: Provided further, That upon a de- vided, That salary increases granted to direct 2002, funds in the Defense Working Capital termination that all or part of the funds trans- and indirect hire foreign national employees of Funds may be used for the purchase of not to ferred from this appropriation are not necessary the Department of Defense funded by this Act exceed 330 passenger carrying motor vehicles for for the purposes provided herein, such amounts shall not be at a rate in excess of the percentage replacement only for the Defense Security Serv- may be transferred back to this appropriation: increase authorized by law for civilian employ- ice. Provided further, That the transfer authority ees of the Department of Defense whose pay is NATIONAL DEFENSE SEALIFT FUND provided under this heading is in addition to computed under the provisions of section 5332 of any other transfer authority contained else- For National Defense Sealift Fund programs, title 5, United States Code, or at a rate in excess where in this Act. projects, and activities, and for expenses of the of the percentage increase provided by the ap- National Defense Reserve Fleet, as established OFFICE OF THE INSPECTOR GENERAL propriate host nation to its own employees, by section 11 of the Merchant Ship Sales Act of For expenses and activities of the Office of the whichever is higher: Provided further, That this 1946 (50 U.S.C. App. 1744), $407,408,000, to re- Inspector General in carrying out the provisions section shall not apply to Department of De- main available until expended: Provided, That of the Inspector General Act of 1978, as amend- fense foreign service national employees serving none of the funds provided in this paragraph ed, $152,021,000, of which $150,221,000 shall be at United States diplomatic missions whose pay shall be used to award a new contract that pro- for Operation and maintenance, of which not to is set by the Department of State under the For- vides for the acquisition of any of the following exceed $700,000 is available for emergencies and eign Service Act of 1980: Provided further, That major components unless such components are extraordinary expenses to be expended on the the limitations of this provision shall not apply manufactured in the United States: auxiliary approval or authority of the Inspector General, to foreign national employees of the Department equipment, including pumps, for all shipboard and payments may be made on the Inspector of Defense in the Republic of Turkey. services; propulsion system components (that is; General’s certificate of necessity for confidential SEC. 8003. No part of any appropriation con- engines, reduction gears, and propellers); ship- military purposes; and of which $1,800,000 to re- tained in this Act shall remain available for ob- board cranes; and spreaders for shipboard main available until September 30, 2004, shall be ligation beyond the current fiscal year, unless cranes: Provided further, That the exercise of for Procurement. expressly so provided herein. SEC. 8004. No more than 20 percent of the ap- an option in a contract awarded through the TITLE VII propriations in this Act which are limited for obligation of previously appropriated funds RELATED AGENCIES shall not be considered to be the award of a new obligation during the current fiscal year shall be contract: Provided further, That the Secretary CENTRAL INTELLIGENCE AGENCY obligated during the last 2 months of the fiscal of the military department responsible for such CENTRAL INTELLIGENCE AGENCY RETIREMENT year: Provided, That this section shall not apply procurement may waive the restrictions in the AND DISABILITY SYSTEM FUND to obligations for support of active duty training first proviso on a case-by-case basis by certi- For payment to the Central Intelligence Agen- of reserve components or summer camp training fying in writing to the Committees on Appro- cy Retirement and Disability System Fund, to of the Reserve Officers’ Training Corps. priations of the House of Representatives and maintain the proper funding level for con- (TRANSFER OF FUNDS) the Senate that adequate domestic supplies are tinuing the operation of the Central Intelligence SEC. 8005. Upon determination by the Sec- not available to meet Department of Defense re- Agency Retirement and Disability System, retary of Defense that such action is necessary quirements on a timely basis and that such an $212,000,000. in the national interest, he may, with the ap- proval of the Office of Management and Budget, acquisition must be made in order to acquire ca- INTELLIGENCE COMMUNITY transfer not to exceed $1,500,000,000 of working pability for national security purposes. MANAGEMENT ACCOUNT TITLE VI capital funds of the Department of Defense or INTELLIGENCE COMMUNITY MANAGEMENT funds made available in this Act to the Depart- OTHER DEPARTMENT OF DEFENSE ACCOUNT ment of Defense for military functions (except PROGRAMS (INCLUDING TRANSFER OF FUNDS) military construction) between such appropria- DEFENSE HEALTH PROGRAM For necessary expenses of the Intelligence tions or funds or any subdivision thereof, to be For expenses, not otherwise provided for, for Community Management Account, $144,776,000, merged with and to be available for the same medical and health care programs of the De- of which $28,003,000 for the Advanced Research purposes, and for the same time period, as the partment of Defense, as authorized by law, and Development Committee shall remain avail- appropriation or fund to which transferred: $18,376,404,000, of which $17,656,185,000 shall be able until September 30, 2003: Provided, That of Provided, That such authority to transfer may

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12481

not be used unless for higher priority items, SEC. 8009. Within the funds appropriated for analysis is made to the Committees on Appro- based on unforeseen military requirements, than the operation and maintenance of the Armed priations of the House of Representatives and those for which originally appropriated and in Forces, funds are hereby appropriated pursuant the Senate: Provided, That this section and sub- no case where the item for which funds are re- to section 401 of title 10, United States Code, for sections (a), (b), and (c) of 10 U.S.C. 2461 shall quested has been denied by the Congress: Pro- humanitarian and civic assistance costs under not apply to a commercial or industrial type vided further, That the Secretary of Defense chapter 20 of title 10, United States Code. Such function of the Department of Defense that: (1) shall notify the Congress promptly of all trans- funds may also be obligated for humanitarian is included on the procurement list established fers made pursuant to this authority or any and civic assistance costs incidental to author- pursuant to section 2 of the Act of June 25, 1938 other authority in this Act: Provided further, ized operations and pursuant to authority (41 U.S.C. 47), popularly referred to as the Jav- That no part of the funds in this Act shall be granted in section 401 of chapter 20 of title 10, its-Wagner-O’Day Act; (2) is planned to be con- available to prepare or present a request to the United States Code, and these obligations shall verted to performance by a qualified nonprofit Committees on Appropriations for reprogram- be reported to the Congress on September 30 of agency for the blind or by a qualified nonprofit ming of funds, unless for higher priority items, each year: Provided, That funds available for agency for other severely handicapped individ- based on unforeseen military requirements, than operation and maintenance shall be available uals in accordance with that Act; or (3) is those for which originally appropriated and in for providing humanitarian and similar assist- planned to be converted to performance by a no case where the item for which reprogramming ance by using Civic Action Teams in the Trust qualified firm under 51 percent ownership by an is requested has been denied by the Congress: Territories of the Pacific Islands and freely as- Indian tribe, as defined in section 450b(e) of title Provided further, That a request for multiple sociated states of Micronesia, pursuant to the 25, United States Code, or a Native Hawaiian reprogrammings of funds using authority pro- Compact of Free Association as authorized by organization, as defined in section 637(a)(15) of vided in this section must be made prior to Public Law 99–239: Provided further, That upon title 15, United States Code. March 31, 2002. a determination by the Secretary of the Army (TRANSFER OF FUNDS) (TRANSFER OF FUNDS) that such action is beneficial for graduate med- SEC. 8015. Funds appropriated in title III of SEC. 8006. During the current fiscal year, cash ical education programs conducted at Army this Act for the Department of Defense Pilot balances in working capital funds of the De- medical facilities located in Hawaii, the Sec- Mentor-Protege Program may be transferred to partment of Defense established pursuant to sec- retary of the Army may authorize the provision any other appropriation contained in this Act tion 2208 of title 10, United States Code, may be of medical services at such facilities and trans- solely for the purpose of implementing a Men- maintained in only such amounts as are nec- portation to such facilities, on a nonreimburs- tor-Protege Program developmental assistance essary at any time for cash disbursements to be able basis, for civilian patients from American agreement pursuant to section 831 of the Na- made from such funds: Provided, That transfers Samoa, the Commonwealth of the Northern tional Defense Authorization Act for Fiscal may be made between such funds: Provided fur- Mariana Islands, the Marshall Islands, the Fed- Year 1991 (Public Law 101–510; 10 U.S.C. 2301 ther, That transfers may be made between work- erated States of Micronesia, Palau, and Guam. note), as amended, under the authority of this ing capital funds and the ‘‘Foreign Currency SEC. 8010. (a) During fiscal year 2002, the ci- provision or any other transfer authority con- Fluctuations, Defense’’ appropriation and the vilian personnel of the Department of Defense tained in this Act. may not be managed on the basis of any end- ‘‘Operation and Maintenance’’ appropriation SEC. 8016. None of the funds in this Act may accounts in such amounts as may be determined strength, and the management of such per- be available for the purchase by the Department by the Secretary of Defense, with the approval sonnel during that fiscal year shall not be sub- of Defense (and its departments and agencies) of of the Office of Management and Budget, except ject to any constraint or limitation (known as welded shipboard anchor and mooring chain 4 that such transfers may not be made unless the an end-strength) on the number of such per- inches in diameter and under unless the anchor Secretary of Defense has notified the Congress sonnel who may be employed on the last day of and mooring chain are manufactured in the of the proposed transfer. Except in amounts such fiscal year. United States from components which are sub- (b) The fiscal year 2003 budget request for the equal to the amounts appropriated to working stantially manufactured in the United States: Department of Defense as well as all justifica- capital funds in this Act, no obligations may be Provided, That for the purpose of this section tion material and other documentation sup- made against a working capital fund to procure manufactured will include cutting, heat treat- porting the fiscal year 2002 Department of De- or increase the value of war reserve material in- ing, quality control, testing of chain and weld- fense budget request shall be prepared and sub- ventory, unless the Secretary of Defense has no- ing (including the forging and shot blasting mitted to the Congress as if subsections (a) and tified the Congress prior to any such obligation. process): Provided further, That for the purpose (b) of this provision were effective with regard SEC. 8007. Funds appropriated by this Act of this section substantially all of the compo- to fiscal year 2003. may not be used to initiate a special access pro- (c) Nothing in this section shall be construed nents of anchor and mooring chain shall be con- gram without prior notification 30 calendar to apply to military (civilian) technicians. sidered to be produced or manufactured in the days in session in advance to the congressional SEC. 8011. Notwithstanding any other provi- United States if the aggregate cost of the compo- defense committees. sion of law, none of the funds made available by nents produced or manufactured in the United SEC. 8008. None of the funds provided in this this Act shall be used by the Department of De- States exceeds the aggregate cost of the compo- Act shall be available to initiate: (1) a multiyear fense to exceed, outside the 50 United States, its nents produced or manufactured outside the contract that employs economic order quantity territories, and the District of Columbia, 125,000 United States: Provided further, That when procurement in excess of $20,000,000 in any 1 civilian workyears: Provided, That workyears adequate domestic supplies are not available to year of the contract or that includes an un- shall be applied as defined in the Federal Per- meet Department of Defense requirements on a funded contingent liability in excess of sonnel Manual: Provided further, That timely basis, the Secretary of the service respon- $20,000,000; or (2) a contract for advance pro- workyears expended in dependent student hir- sible for the procurement may waive this restric- curement leading to a multiyear contract that ing programs for disadvantaged youths shall tion on a case-by-case basis by certifying in employs economic order quantity procurement in not be included in this workyear limitation. writing to the Committees on Appropriations excess of $20,000,000 in any 1 year, unless the SEC. 8012. None of the funds made available that such an acquisition must be made in order congressional defense committees have been no- by this Act shall be used in any way, directly or to acquire capability for national security pur- tified at least 30 days in advance of the pro- indirectly, to influence congressional action on poses. posed contract award: Provided, That no part of any legislation or appropriation matters pend- SEC. 8017. None of the funds appropriated by any appropriation contained in this Act shall be ing before the Congress. this Act available for the Civilian Health and available to initiate a multiyear contract for SEC. 8013. None of the funds appropriated by Medical Program of the Uniformed Services which the economic order quantity advance pro- this Act shall be available for the basic pay and (CHAMPUS) or TRICARE shall be available for curement is not funded at least to the limits of allowances of any member of the Army partici- the reimbursement of any health care provider the Government’s liability: Provided further, pating as a full-time student and receiving bene- for inpatient mental health service for care re- That no part of any appropriation contained in fits paid by the Secretary of Veterans Affairs ceived when a patient is referred to a provider this Act shall be available to initiate multiyear from the Department of Defense Education Ben- of inpatient mental health care or residential procurement contracts for any systems or com- efits Fund when time spent as a full-time stu- treatment care by a medical or health care pro- ponent thereof if the value of the multiyear con- dent is credited toward completion of a service fessional having an economic interest in the fa- tract would exceed $500,000,000 unless specifi- commitment: Provided, That this subsection cility to which the patient is referred: Provided, cally provided in this Act: Provided further, shall not apply to those members who have re- That this limitation does not apply in the case That no multiyear procurement contract can be enlisted with this option prior to October 1, 1987: of inpatient mental health services provided terminated without 10-day prior notification to Provided further, That this subsection applies under the program for persons with disabilities the congressional defense committees: Provided only to active components of the Army. under subsection (d) of section 1079 of title 10, further, That the execution of multiyear author- SEC. 8014. None of the funds appropriated by United States Code, provided as partial hospital ity shall require the use of a present value anal- this Act shall be available to convert to con- care, or provided pursuant to a waiver author- ysis to determine lowest cost compared to an an- tractor performance an activity or function of ized by the Secretary of Defense because of med- nual procurement. the Department of Defense that, on or after the ical or psychological circumstances of the pa- Funds appropriated in title III of this Act may date of the enactment of this Act, is performed tient that are confirmed by a health professional be used for multiyear procurement contracts as by more than 10 Department of Defense civilian who is not a Federal employee after a review, follows: employees until a most efficient and cost-effec- pursuant to rules prescribed by the Secretary, C–17; and tive organization analysis is completed on such which takes into account the appropriate level F/A–18E and F engine. activity or function and certification of the of care for the patient, the intensity of services

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 S12482 CONGRESSIONAL RECORD — SENATE December 6, 2001 required by the patient, and the availability of (A) Federal service under sections 331, 332, sponsible for the collections and shall be over that care. 333, or 12406 of title 10, United States Code, or and above the facility’s direct budget amount. SEC. 8018. Funds available in this Act and other provision of law, as applicable; or SEC. 8030. During the current fiscal year, the hereafter may be used to provide transportation (B) full-time military service for his or her Department of Defense is authorized to incur for the next-of-kin of individuals who have been State, the District of Columbia, the Common- obligations of not to exceed $350,000,000 for pur- prisoners of war or missing in action from the wealth of Puerto Rico, or a territory of the poses specified in section 2350j(c) of title 10, Vietnam era to an annual meeting in the United United States; and United States Code, in anticipation of receipt of States, under such regulations as the Secretary (3) requests and is granted— contributions, only from the Government of Ku- of Defense may prescribe. (A) leave under the authority of this section; wait, under that section: Provided, That upon SEC. 8019. Notwithstanding any other provi- or receipt, such contributions from the Government sion of law, during the current fiscal year, the (B) annual leave, which may be granted with- of Kuwait shall be credited to the appropria- Secretary of Defense may, by executive agree- out regard to the provisions of sections 5519 and tions or fund which incurred such obligations. ment, establish with host nation governments in 6323(b) of title 5, United States Code, if such em- SEC. 8031. Of the funds made available in this NATO member states a separate account into ployee is otherwise entitled to such annual Act, not less than $24,303,000 shall be available which such residual value amounts negotiated leave: for the Civil Air Patrol Corporation, of which in the return of United States military installa- Provided, That any employee who requests leave $22,803,000 shall be available for Civil Air Patrol tions in NATO member states may be deposited, under subsection (3)(A) for service described in Corporation operation and maintenance to sup- in the currency of the host nation, in lieu of di- subsection (2) of this section is entitled to such port readiness activities which includes rect monetary transfers to the United States leave, subject to the provisions of this section $1,500,000 for the Civil Air Patrol counterdrug Treasury: Provided, That such credits may be and of the last sentence of section 6323(b) of title program: Provided, That funds identified for utilized only for the construction of facilities to 5, United States Code, and such leave shall be ‘‘Civil Air Patrol’’ under this section are in- support United States military forces in that considered leave under section 6323(b) of title 5, tended for and shall be for the exclusive use of host nation, or such real property maintenance United States Code. the Civil Air Patrol Corporation and not for the Air Force or any unit thereof. and base operating costs that are currently exe- SEC. 8024. None of the funds appropriated by SEC. 8032. (a) None of the funds appropriated cuted through monetary transfers to such host this Act shall be available to perform any cost in this Act are available to establish a new De- nations: Provided further, That the Department study pursuant to the provisions of OMB Cir- partment of Defense (department) federally of Defense’s budget submission for fiscal year cular A–76 if the study being performed exceeds funded research and development center 2002 shall identify such sums anticipated in re- a period of 24 months after initiation of such (FFRDC), either as a new entity, or as a sepa- sidual value settlements, and identify such con- study with respect to a single function activity rate entity administrated by an organization struction, real property maintenance or base op- or 48 months after initiation of such study for a managing another FFRDC, or as a nonprofit erating costs that shall be funded by the host multi-function activity. membership corporation consisting of a consor- nation through such credits: Provided further, SEC. 8025. Funds appropriated by this Act for tium of other FFRDCs and other non-profit en- That all military construction projects to be exe- the American Forces Information Service shall tities. cuted from such accounts must be previously ap- not be used for any national or international proved in a prior Act of Congress: Provided fur- (b) No member of a Board of Directors, Trust- political or psychological activities. ees, Overseers, Advisory Group, Special Issues ther, That each such executive agreement with SEC. 8026. Notwithstanding any other provi- a NATO member host nation shall be reported to Panel, Visiting Committee, or any similar entity sion of law or regulation, the Secretary of De- of a defense FFRDC, and no paid consultant to the congressional defense committees, the Com- fense may adjust wage rates for civilian employ- mittee on International Relations of the House any defense FFRDC, except when acting in a ees hired for certain health care occupations as technical advisory capacity, may be com- of Representatives and the Committee on For- authorized for the Secretary of Veterans Affairs eign Relations of the Senate 30 days prior to the pensated for his or her services as a member of by section 7455 of title 38, United States Code. such entity, or as a paid consultant by more conclusion and endorsement of any such agree- SEC. 8027. Of the funds made available in this ment established under this provision. than one FFRDC in a fiscal year: Provided, Act, not less than $61,100,000 shall be available That a member of any such entity referred to SEC. 8020. None of the funds available to the to maintain an attrition reserve force of 18 B–52 previously in this subsection shall be allowed Department of Defense may be used to demili- aircraft, of which $3,300,000 shall be available travel expenses and per diem as authorized tarize or dispose of M–1 Carbines, M–1 Garand from ‘‘Military Personnel, Air Force’’, under the Federal Joint Travel Regulations, rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- $37,400,000 shall be available from ‘‘Operation when engaged in the performance of member- fles, or M–1911 pistols. and Maintenance, Air Force’’, and $20,400,000 ship duties. SEC. 8021. No more than $500,000 of the funds shall be available from ‘‘Aircraft Procurement, (c) Notwithstanding any other provision of appropriated or made available in this Act shall Air Force’’: Provided, That the Secretary of the law, none of the funds available to the depart- be used during a single fiscal year for any single Air Force shall maintain a total force of 94 B– ment from any source during fiscal year 2002 relocation of an organization, unit, activity or 52 aircraft, including 18 attrition reserve air- may be used by a defense FFRDC, through a fee function of the Department of Defense into or craft, during fiscal year 2002: Provided further, or other payment mechanism, for construction within the National Capital Region: Provided, That the Secretary of Defense shall include in of new buildings, for payment of cost sharing That the Secretary of Defense may waive this the Air Force budget request for fiscal year 2003 for projects funded by Government grants, for restriction on a case-by-case basis by certifying amounts sufficient to maintain a B–52 force to- absorption of contract overruns, or for certain in writing to the congressional defense commit- taling 94 aircraft. charitable contributions, not to include em- tees that such a relocation is required in the SEC. 8028. (a) Of the funds for the procure- ployee participation in community service and/ best interest of the Government. ment of supplies or services appropriated by this or development. SEC. 8022. In addition to the funds provided Act, qualified nonprofit agencies for the blind or (d) Notwithstanding any other provision of elsewhere in this Act, $8,000,000 is appropriated other severely handicapped shall be afforded the law, of the funds available to the department only for incentive payments authorized by sec- maximum practicable opportunity to participate during fiscal year 2002, not more than 6,227 staff tion 504 of the Indian Financing Act of 1974 (25 as subcontractors and suppliers in the perform- years of technical effort (staff years) may be U.S.C. 1544): Provided, That a subcontractor at ance of contracts let by the Department of De- funded for defense FFRDCs: Provided, That of any tier shall be considered a contractor for the fense. the specific amount referred to previously in this purposes of being allowed additional compensa- (b) During the current fiscal year, a business subsection, not more than 1,029 staff years may tion under section 504 of the Indian Financing concern which has negotiated with a military be funded for the defense studies and analysis Act of 1974 (25 U.S.C. 1544). service or defense agency a subcontracting plan FFRDCs. SEC. 8023. During the current fiscal year and for the participation by small business concerns (e) The Secretary of Defense shall, with the hereafter, funds appropriated or otherwise pursuant to section 8(d) of the Small Business submission of the department’s fiscal year 2003 available for any Federal agency, the Congress, Act (15 U.S.C. 637(d)) shall be given credit to- budget request, submit a report presenting the the judicial branch, or the District of Columbia ward meeting that subcontracting goal for any specific amounts of staff years of technical ef- may be used for the pay, allowances, and bene- purchases made from qualified nonprofit agen- fort to be allocated for each defense FFRDC fits of an employee as defined by section 2105 of cies for the blind or other severely handicapped. during that fiscal year. title 5, United States Code, or an individual em- (c) For the purpose of this section, the phrase (f) Notwithstanding any other provision of ployed by the government of the District of Co- ‘‘qualified nonprofit agency for the blind or this Act, the total amount appropriated in this lumbia, permanent or temporary indefinite, other severely handicapped’’ means a nonprofit Act for FFRDCs is hereby reduced by who— agency for the blind or other severely handi- $60,000,000. (1) is a member of a Reserve component of the capped that has been approved by the Com- SEC. 8033. None of the funds appropriated or Armed Forces, as described in section 10101 of mittee for the Purchase from the Blind and made available in this Act shall be used to pro- title 10, United States Code, or the National Other Severely Handicapped under the Javits- cure carbon, alloy or armor steel plate for use in Guard, as described in section 101 of title 32, Wagner-O’Day Act (41 U.S.C. 46–48). any Government-owned facility or property United States Code; SEC. 8029. During the current fiscal year, net under the control of the Department of Defense (2) performs, for the purpose of providing mili- receipts pursuant to collections from third party which were not melted and rolled in the United tary aid to enforce the law or providing assist- payers pursuant to section 1095 of title 10, States or Canada: Provided, That these procure- ance to civil authorities in the protection or sav- United States Code, shall be made available to ment restrictions shall apply to any and all Fed- ing of life or property or prevention of injury— the local facility of the uniformed services re- eral Supply Class 9515, American Society of

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.018 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12483 Testing and Materials (ASTM) or American Iron lished under 40 U.S.C. 485(h)(2) and to the spe- tion material and other documentation sup- and Steel Institute (AISI) specifications of car- cial account established under 10 U.S.C. porting the fiscal year 2003 Department of De- bon, alloy or armor steel plate: Provided further, 2667(d)(1) are appropriated and shall be avail- fense budget shall be prepared and submitted to That the Secretary of the military department able until transferred by the Secretary of De- the Congress on the basis that any equipment responsible for the procurement may waive this fense to current applicable appropriations or which was classified as an end item and funded restriction on a case-by-case basis by certifying funds of the Department of Defense under the in a procurement appropriation contained in in writing to the Committees on Appropriations terms and conditions specified by 40 U.S.C. this Act shall be budgeted for in a proposed fis- of the House of Representatives and the Senate 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), cal year 2003 procurement appropriation and that adequate domestic supplies are not avail- to be merged with and to be available for the not in the supply management business area or able to meet Department of Defense require- same time period and the same purposes as the any other area or category of the Department of ments on a timely basis and that such an acqui- appropriation to which transferred. Defense Working Capital Funds. sition must be made in order to acquire capa- SEC. 8039. The Under Secretary of Defense SEC. 8045. None of the funds appropriated by bility for national security purposes: Provided (Comptroller) shall submit to the congressional this Act for programs of the Central Intelligence further, That these restrictions shall not apply defense committees by February 1, 2002, a de- Agency shall remain available for obligation be- to contracts which are in being as of the date of tailed report identifying, by amount and by sep- yond the current fiscal year, except for funds the enactment of this Act. arate budget activity, activity group, subactivity appropriated for the Reserve for Contingencies, SEC. 8034. For the purposes of this Act, the group, line item, program element, program, which shall remain available until September 30, term ‘‘congressional defense committees’’ means project, subproject, and activity, any activity 2003: Provided, That funds appropriated, trans- the Armed Services Committee of the House of for which the fiscal year 2003 budget request ferred, or otherwise credited to the Central In- Representatives, the Armed Services Committee was reduced because the Congress appropriated telligence Agency Central Services Working of the Senate, the Subcommittee on Defense of funds above the President’s budget request for Capital Fund during this or any prior or subse- the Committee on Appropriations of the Senate, that specific activity for fiscal year 2002. quent fiscal year shall remain available until ex- and the Subcommittee on Defense of the Com- SEC. 8040. Notwithstanding any other provi- pended. mittee on Appropriations of the House of Rep- sion of law, funds available for ‘‘Drug Interdic- SEC. 8046. Notwithstanding any other provi- resentatives. tion and Counter-Drug Activities, Defense’’ may sion of law, funds made available in this Act for SEC. 8035. During the current fiscal year, the be obligated for the Young Marines program. the Defense Intelligence Agency may be used for Department of Defense may acquire the modi- (INCLUDING TRANSFER OF FUNDS) the design, development, and deployment of fication, depot maintenance and repair of air- SEC. 8041. During the current fiscal year, General Defense Intelligence Program intel- craft, vehicles and vessels as well as the produc- amounts contained in the Department of De- ligence communications and intelligence infor- tion of components and other Defense-related fense Overseas Military Facility Investment Re- mation systems for the Services, the Unified and articles, through competition between Depart- covery Account established by section 2921(c)(1) Specified Commands, and the component com- ment of Defense depot maintenance activities of the National Defense Authorization Act of mands. and private firms: Provided, That the Senior Ac- 1991 (Public Law 101–510; 10 U.S.C. 2687 note) SEC. 8047. Of the funds appropriated by the quisition Executive of the military department shall be available until expended for the pay- Department of Defense under the heading ‘‘Op- or defense agency concerned, with power of del- ments specified by section 2921(c)(2) of that Act. eration and Maintenance, Defense-Wide’’, not egation, shall certify that successful bids in- SEC. 8042. (a) IN GENERAL.—Notwithstanding less than $10,000,000 shall be made available clude comparable estimates of all direct and in- any other provision of law, the Secretary of the only for the mitigation of environmental im- direct costs for both public and private bids: Air Force may convey at no cost to the Air pacts, including training and technical assist- Provided further, That Office of Management Force, without consideration, to Indian tribes ance to tribes, related administrative support, and Budget Circular A–76 shall not apply to located in the States of North Dakota, South the gathering of information, documenting of competitions conducted under this section. Dakota, Montana, and Minnesota relocatable environmental damage, and developing a system SEC. 8036. (a)(1) If the Secretary of Defense, military housing units located at Grand Forks for prioritization of mitigation and cost to com- after consultation with the United States Trade Air Force Base and Minot Air Force Base that plete estimates for mitigation, on Indian lands Representative, determines that a foreign coun- are excess to the needs of the Air Force. resulting from Department of Defense activities. try which is party to an agreement described in (b) PROCESSING OF REQUESTS.—The Secretary SEC. 8048. Amounts collected for the use of the paragraph (2) has violated the terms of the of the Air Force shall convey, at no cost to the facilities of the National Science Center for agreement by discriminating against certain Air Force, military housing units under sub- Communications and Electronics during the cur- types of products produced in the United States section (a) in accordance with the request for rent fiscal year and hereafter pursuant to sec- that are covered by the agreement, the Secretary such units that are submitted to the Secretary tion 1459(g) of the Department of Defense Au- of Defense shall rescind the Secretary’s blanket by the Operation Walking Shield Program on thorization Act, 1986, and deposited to the spe- waiver of the Buy American Act with respect to behalf of Indian tribes located in the States of cial account established under subsection such types of products produced in that foreign North Dakota, South Dakota, Montana, and 1459(g)(2) of that Act are appropriated and shall country. Minnesota. be available until expended for the operation (2) An agreement referred to in paragraph (1) (c) RESOLUTION OF HOUSING UNIT CON- and maintenance of the Center as provided for is any reciprocal defense procurement memo- FLICTS.—The Operation Walking Shield program in subsection 1459(g)(2). randum of understanding, between the United shall resolve any conflicts among requests of In- States and a foreign country pursuant to which dian tribes for housing units under subsection (TRANSFER OF FUNDS) the Secretary of Defense has prospectively (a) before submitting requests to the Secretary of SEC. 8049. In addition to the amounts appro- waived the Buy American Act for certain prod- the Air Force under subsection (b). priated elsewhere in this Act, $10,000,000 is here- ucts in that country. (d) INDIAN TRIBE DEFINED.—In this section, by appropriated to the Department of Defense: (b) The Secretary of Defense shall submit to the term ‘‘Indian tribe’’ means any recognized Provided, That at the direction of the Assistant the Congress a report on the amount of Depart- Indian tribe included on the current list pub- Secretary of Defense for Reserve Affairs, these ment of Defense purchases from foreign entities lished by the Secretary of the Interior under sec- funds shall be transferred to the Reserve compo- in fiscal year 2001. Such report shall separately tion 104 of the Federally Recognized Indian nent personnel accounts in Title I of this Act: indicate the dollar value of items for which the Tribe Act of 1994 (Public Law 103–454; 108 Stat. Provided further, That these funds shall be used Buy American Act was waived pursuant to any 4792; 25 U.S.C. 479a–1). for incentive and bonus programs that address agreement described in subsection (a)(2), the SEC. 8043. During the current fiscal year, ap- the most pressing recruitment and retention Trade Agreement Act of 1979 (19 U.S.C. 2501 et propriations which are available to the Depart- issues in the Reserve components. seq.), or any international agreement to which ment of Defense for operation and maintenance SEC. 8050. (a) None of the funds appropriated the United States is a party. may be used to purchase items having an invest- in this Act may be expended by an entity of the (c) For purposes of this section, the term ‘‘Buy ment item unit cost of not more than $100,000. Department of Defense unless the entity, in ex- American Act’’ means title III of the Act entitled SEC. 8044. (a) During the current fiscal year, pending the funds, complies with the Buy Amer- ‘‘An Act making appropriations for the Treas- none of the appropriations or funds available to ican Act. For purposes of this subsection, the ury and Post Office Departments for the fiscal the Department of Defense Working Capital term ‘‘Buy American Act’’ means title III of the year ending June 30, 1934, and for other pur- Funds shall be used for the purchase of an in- Act entitled ‘‘An Act making appropriations for poses’’, approved March 3, 1933 (41 U.S.C. 10a et vestment item for the purpose of acquiring a the Treasury and Post Office Departments for seq.). new inventory item for sale or anticipated sale the fiscal year ending June 30, 1934, and for SEC. 8037. Appropriations contained in this during the current fiscal year or a subsequent other purposes’’, approved March 3, 1933 (41 Act that remain available at the end of the cur- fiscal year to customers of the Department of U.S.C. 10a et seq.). rent fiscal year as a result of energy cost sav- Defense Working Capital Funds if such an item (b) If the Secretary of Defense determines that ings realized by the Department of Defense shall would not have been chargeable to the Depart- a person has been convicted of intentionally remain available for obligation for the next fis- ment of Defense Business Operations Fund dur- affixing a label bearing a ‘‘Made in America’’ cal year to the extent, and for the purposes, pro- ing fiscal year 1994 and if the purchase of such inscription to any product sold in or shipped to vided in section 2865 of title 10, United States an investment item would be chargeable during the United States that is not made in America, Code. the current fiscal year to appropriations made the Secretary shall determine, in accordance (INCLUDING TRANSFER OF FUNDS) to the Department of Defense for procurement. with section 2410f of title 10, United States Code, SEC. 8038. Amounts deposited during the cur- (b) The fiscal year 2003 budget request for the whether the person should be debarred from rent fiscal year to the special account estab- Department of Defense as well as all justifica- contracting with the Department of Defense.

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.019 pfrm04 PsN: S06PT1 S12484 CONGRESSIONAL RECORD — SENATE December 6, 2001 (c) In the case of any equipment or products lowing funds are hereby rescinded as of the date nance, Defense-Wide’’ for increasing energy and purchased with appropriations provided under of the enactment of this Act from the following water efficiency in Federal buildings may, dur- this Act, it is the sense of the Congress that any accounts in the specified amounts: ing their period of availability, be transferred to entity of the Department of Defense, in expend- ‘‘Aircraft Procurement, Army, 2001/2003’’, other appropriations or funds of the Department ing the appropriation, purchase only American- $15,500,000; of Defense for projects related to increasing en- made equipment and products, provided that ‘‘Aircraft Procurement, Air Force, 2001/2003’’, ergy and water efficiency, to be merged with American-made equipment and products are $43,983,000; and to be available for the same general pur- cost-competitive, quality-competitive, and avail- ‘‘Missile Procurement, Air Force, 2001/2003’’, poses, and for the same time period, as the ap- able in a timely fashion. $58,550,000; propriation or fund to which transferred. SEC. 8051. None of the funds appropriated by ‘‘Procurement, Defense-Wide, 2001/2003’’, SEC. 8064. None of the funds made available in this Act shall be available for a contract for $64,170,000; this Act may be used for the procurement of ball studies, analysis, or consulting services entered ‘‘Research, Development, Test and Evalua- and roller bearings other than those produced into without competition on the basis of an un- tion, Air Force, 2001/2002’’, $13,450,000; and by a domestic source and of domestic origin: solicited proposal unless the head of the activity ‘‘Research, Development, Test and Evalua- Provided, That the Secretary of the military de- responsible for the procurement determines— tion, Defense-Wide, 2001/2002’’, $5,664,000. partment responsible for such procurement may (1) as a result of thorough technical evalua- SEC. 8056. None of the funds available in this waive this restriction on a case-by-case basis by tion, only one source is found fully qualified to Act may be used to reduce the authorized posi- certifying in writing to the Committees on Ap- perform the proposed work; tions for military (civilian) technicians of the propriations of the House of Representatives (2) the purpose of the contract is to explore an Army National Guard, the Air National Guard, and the Senate, that adequate domestic supplies unsolicited proposal which offers significant sci- Army Reserve and Air Force Reserve for the are not available to meet Department of Defense entific or technological promise, represents the purpose of applying any administratively im- requirements on a timely basis and that such an product of original thinking, and was submitted posed civilian personnel ceiling, freeze, or reduc- acquisition must be made in order to acquire ca- in confidence by one source; or tion on military (civilian) technicians, unless pability for national security purposes: Provided (3) the purpose of the contract is to take ad- such reductions are a direct result of a reduc- further, That this restriction shall not apply to vantage of unique and significant industrial ac- tion in military force structure. the purchase of ‘‘commercial items’’, as defined complishment by a specific concern, or to insure SEC. 8057. None of the funds appropriated or by section 4(12) of the Office of Federal Procure- that a new product or idea of a specific concern otherwise made available in this Act may be ob- ment Policy Act, except that the restriction shall is given financial support: ligated or expended for assistance to the Demo- apply to ball or roller bearings purchased as end Provided, That this limitation shall not apply to cratic People’s Republic of North Korea unless items. contracts in an amount of less than $25,000, con- specifically appropriated for that purpose. SEC. 8065. Notwithstanding any other provi- tracts related to improvements of equipment that SEC. 8058. During the current fiscal year, sion of law, funds available to the Department is in development or production, or contracts as funds appropriated in this Act are available to of Defense shall be made available to provide to which a civilian official of the Department of compensate members of the National Guard for transportation of medical supplies and equip- Defense, who has been confirmed by the Senate, duty performed pursuant to a plan submitted by ment, on a nonreimbursable basis, to American determines that the award of such contract is in a Governor of a State and approved by the Sec- Samoa, and funds available to the Department the interest of the national defense. retary of Defense under section 112 of title 32, of Defense shall be made available to provide SEC. 8052. (a) Except as provided in sub- United States Code: Provided, That during the transportation of medical supplies and equip- sections (b) and (c), none of the funds made performance of such duty, the members of the ment, on a nonreimbursable basis, to the Indian available by this Act may be used— National Guard shall be under State command Health Service when it is in conjunction with a (1) to establish a field operating agency; or and control: Provided further, That such duty civil-military project. (2) to pay the basic pay of a member of the shall be treated as full-time National Guard SEC. 8066. None of the funds in this Act may Armed Forces or civilian employee of the depart- duty for purposes of sections 12602(a)(2) and be used to purchase any supercomputer which is ment who is transferred or reassigned from a (b)(2) of title 10, United States Code. not manufactured in the United States, unless headquarters activity if the member or employ- SEC. 8059. Funds appropriated in this Act for the Secretary of Defense certifies to the congres- ee’s place of duty remains at the location of that operation and maintenance of the Military De- sional defense committees that such an acquisi- headquarters. partments, Combatant Commands and Defense tion must be made in order to acquire capability (b) The Secretary of Defense or Secretary of a Agencies shall be available for reimbursement of for national security purposes that is not avail- military department may waive the limitations pay, allowances and other expenses which able from United States manufacturers. in subsection (a), on a case-by-case basis, if the would otherwise be incurred against appropria- SEC. 8067. Notwithstanding any other provi- Secretary determines, and certifies to the Com- tions for the National Guard and Reserve when sion of law, the Naval shipyards of the United mittees on Appropriations of the House of Rep- members of the National Guard and Reserve States shall be eligible to participate in any resentatives and Senate that the granting of the provide intelligence or counterintelligence sup- manufacturing extension program financed by waiver will reduce the personnel requirements or port to Combatant Commands, Defense Agencies funds appropriated in this or any other Act. the financial requirements of the department. and Joint Intelligence Activities, including the SEC. 8068. Notwithstanding any other provi- (c) This section does not apply to field oper- activities and programs included within the Na- sion of law, each contract awarded by the De- ating agencies funded within the National For- tional Foreign Intelligence Program (NFIP), the partment of Defense during the current fiscal eign Intelligence Program. Joint Military Intelligence Program (JMIP), and year for construction or service performed in SEC. 8053. During the current fiscal year and the Tactical Intelligence and Related Activities whole or in part in a State (as defined in section hereafter, funds appropriated or made available (TIARA) aggregate: Provided, That nothing in 381(d) of title 10, United States Code) which is by the transfer of funds in this or subsequent this section authorizes deviation from estab- not contiguous with another State and has an Appropriations Acts, for intelligence activities lished Reserve and National Guard personnel unemployment rate in excess of the national av- are deemed to be specifically authorized by the and training procedures. erage rate of unemployment as determined by Congress for purposes of section 504 of the Na- SEC. 8060. Notwithstanding any other provi- the Secretary of Labor, shall include a provision tional Security Act of 1947 (50 U.S.C. 414) until sion of law, that not more than 35 percent of requiring the contractor to employ, for the pur- the enactment of the Intelligence Authorization funds provided in this Act, for environmental pose of performing that portion of the contract Act for that fiscal year and funds appropriated remediation may be obligated under indefinite in such State that is not contiguous with an- or made available by transfer of funds in any delivery/indefinite quantity contracts with a other State, individuals who are residents of subsequent Supplemental Appropriations Act total contract value of $130,000,000 or higher. such State and who, in the case of any craft or enacted after the enactment of the Intelligence SEC. 8061. Of the funds made available under trade, possess or would be able to acquire Authorization Act for that fiscal year are the heading ‘‘Operation and Maintenance, Air promptly the necessary skills: Provided, That deemed to be specifically authorized by the Con- Force’’, $12,000,000 shall be available to realign the Secretary of Defense may waive the require- gress for purposes of section 504 of the National railroad track on Elmendorf Air Force Base and ments of this section, on a case-by-case basis, in Security Act of 1947 (50 U.S.C. 414). Fort Richardson. the interest of national security. SEC. 8054. Notwithstanding section 303 of Pub- SEC. 8062. (a) None of the funds available to SEC. 8069. Of the funds made available in this lic Law 96–487 or any other provision of law, the the Department of Defense for any fiscal year Act under the heading ‘‘Operation and Mainte- Secretary of the Navy is authorized to lease real for drug interdiction or counter-drug activities nance, Defense-Wide’’, up to $5,000,000 shall be and personal property at Naval Air Facility, may be transferred to any other department or available to provide assistance, by grant or oth- Adak, Alaska, pursuant to 10 U.S.C. 2667(f ), for agency of the United States except as specifi- erwise, to public school systems that have un- commercial, industrial or other purposes: Pro- cally provided in an appropriations law. usually high concentrations of special needs vided, That notwithstanding any other provi- (b) None of the funds available to the Central military dependents enrolled: Provided, That in sion of law, the Secretary of the Navy may re- Intelligence Agency for any fiscal year for drug selecting school systems to receive such assist- move hazardous materials from facilities, build- interdiction and counter-drug activities may be ance, special consideration shall be given to ings, and structures at Adak, Alaska, and may transferred to any other department or agency school systems in States that are considered demolish or otherwise dispose of such facilities, of the United States except as specifically pro- overseas assignments: Provided further, That up buildings, and structures. vided in an appropriations law. to $2,000,000 shall be available for DOD to estab- (RESCISSIONS) (TRANSFER OF FUNDS) lish a non-profit trust fund to assist in the pub- SEC. 8055. Of the funds provided in Depart- SEC. 8063. Appropriations available in this Act lic-private funding of public school repair and ment of Defense Appropriations Acts, the fol- under the heading ‘‘Operation and Mainte- maintenance projects, or provide directly to

VerDate 05-DEC-2001 04:35 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.019 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12485 non-profit organizations who in return will use (1) such costs are for a bonus or otherwise in pair, minor construction, or design projects may these monies to provide assistance in the form of excess of the normal salary paid by the con- be obligated at the time the reimbursable order repair, maintenance, or renovation to public tractor to the employee; and is accepted by the performing activity: Provided, school systems that have high concentrations of (2) such bonus is part of restructuring costs That for the purpose of this section, supervision special needs military dependents and are lo- associated with a business combination. and administration costs includes all in-house cated in States that are considered overseas as- SEC. 8073. (a) None of the funds appropriated Government cost. signments: Provided further, That to the extent or otherwise made available in this Act may be SEC. 8079. During the current fiscal year, the a federal agency provides this assistance, by used to transport or provide for the transpor- Secretary of Defense may waive reimbursement contract, grant or otherwise, it may accept and tation of chemical munitions or agents to the of the cost of conferences, seminars, courses of expend non-federal funds in combination with Johnston Atoll for the purpose of storing or de- instruction, or similar educational activities of these federal funds to provide assistance for the militarizing such munitions or agents. the Asia-Pacific Center for Security Studies for authorized purpose, if the non-federal entity re- (b) The prohibition in subsection (a) shall not military officers and civilian officials of foreign quests such assistance and the non-federal apply to any obsolete World War II chemical nations if the Secretary determines that attend- funds are provided on a reimbursable basis. munition or agent of the United States found in ance by such personnel, without reimbursement, SEC. 8070. (a) LIMITATION ON TRANSFER OF the World War II Pacific Theater of Operations. is in the national security interest of the United DEFENSE ARTICLES AND SERVICES.—Notwith- (c) The President may suspend the application States: Provided, That costs for which reim- standing any other provision of law, none of the of subsection (a) during a period of war in bursement is waived pursuant to this section funds available to the Department of Defense which the United States is a party. shall be paid from appropriations available for for the current fiscal year may be obligated or SEC. 8074. Up to $3,000,000 of the funds appro- the Asia-Pacific Center. expended to transfer to another nation or an priated under the heading ‘‘Operation and SEC. 8080. (a) Notwithstanding any other pro- international organization any defense articles Maintenance, Navy’’ in this Act for the Pacific vision of law, the Chief of the National Guard or services (other than intelligence services) for Missile Range Facility may be made available to Bureau may permit the use of equipment of the use in the activities described in subsection (b) contract for the repair, maintenance, and oper- National Guard Distance Learning Project by unless the congressional defense committees, the ation of adjacent off-base water, drainage, and any person or entity on a space-available, reim- Committee on International Relations of the flood control systems critical to base operations. bursable basis. The Chief of the National Guard House of Representatives, and the Committee on (INCLUDING TRANSFER OF FUNDS) Bureau shall establish the amount of reimburse- Foreign Relations of the Senate are notified 15 ment for such use on a case-by-case basis. SEC. 8075. During the current fiscal year, no days in advance of such transfer. (b) Amounts collected under subsection (a) more than $30,000,000 of appropriations made in (b) COVERED ACTIVITIES.—This section applies shall be credited to funds available for the Na- this Act under the heading ‘‘Operation and to— tional Guard Distance Learning Project and be Maintenance, Defense-Wide’’ may be trans- (1) any international peacekeeping or peace- available to defray the costs associated with the ferred to appropriations available for the pay of enforcement operation under the authority of use of equipment of the project under that sub- military personnel, to be merged with, and to be chapter VI or chapter VII of the United Nations section. Such funds shall be available for such available for the same time period as the appro- Charter under the authority of a United Nations purposes without fiscal year limitation. Security Council resolution; and priations to which transferred, to be used in SEC. 8081. Using funds available by this Act or (2) any other international peacekeeping, support of such personnel in connection with any other Act, the Secretary of the Air Force, peace-enforcement, or humanitarian assistance support and services for eligible organizations pursuant to a determination under section 2690 operation. and activities outside the Department of Defense of title 10, United States Code, may implement (c) REQUIRED NOTICE.—A notice under sub- pursuant to section 2012 of title 10, United cost-effective agreements for required heating section (a) shall include the following: States Code. (1) A description of the equipment, supplies, facility modernization in the Kaiserslautern SEC. 8076. For purposes of section 1553(b) of Military Community in the Federal Republic of or services to be transferred. title 31, United States Code, any subdivision of (2) A statement of the value of the equipment, Germany: Provided, That in the City of appropriations made in this Act under the head- Kaiserslautern such agreements will include the supplies, or services to be transferred. ing ‘‘Shipbuilding and Conversion, Navy’’ shall (3) In the case of a proposed transfer of equip- use of United States anthracite as the base load be considered to be for the same purpose as any ment or supplies— energy for municipal district heat to the United (A) a statement of whether the inventory re- subdivision under the heading ‘‘Shipbuilding States Defense installations: Provided further, quirements of all elements of the Armed Forces and Conversion, Navy’’ appropriations in any That at Landstuhl Army Regional Medical Cen- (including the reserve components) for the type prior year, and the 1 percent limitation shall ter and Ramstein Air Base, furnished heat may of equipment or supplies to be transferred have apply to the total amount of the appropriation. be obtained from private, regional or municipal been met; and SEC. 8077. During the current fiscal year, in services, if provisions are included for the con- (B) a statement of whether the items proposed the case of an appropriation account of the De- sideration of United States coal as an energy to be transferred will have to be replaced and, partment of Defense for which the period of source. if so, how the President proposes to provide availability for obligation has expired or which SEC. 8082. Notwithstanding 31 U.S.C. 3902, funds for such replacement. has closed under the provisions of section 1552 during the current fiscal year and hereafter, in- SEC. 8071. To the extent authorized by sub- of title 31, United States Code, and which has a terest penalties may be paid by the Department chapter VI of chapter 148 of title 10, United negative unliquidated or unexpended balance, of Defense from funds financing the operation States Code, the Secretary of Defense may issue an obligation or an adjustment of an obligation of the military department or defense agency loan guarantees in support of United States de- may be charged to any current appropriation with which the invoice or contract payment is fense exports not otherwise provided for: Pro- account for the same purpose as the expired or associated. vided, That the total contingent liability of the closed account if— SEC. 8083. None of the funds appropriated in United States for guarantees issued under the (1) the obligation would have been properly title IV of this Act may be used to procure end- authority of this section may not exceed chargeable (except as to amount) to the expired items for delivery to military forces for oper- $15,000,000,000: Provided further, That the expo- or closed account before the end of the period of ational training, operational use or inventory sure fees charged and collected by the Secretary availability or closing of that account; requirements: Provided, That this restriction for each guarantee shall be paid by the country (2) the obligation is not otherwise properly does not apply to end-items used in develop- involved and shall not be financed as part of a chargeable to any current appropriation ac- ment, prototyping, and test activities preceding loan guaranteed by the United States: Provided count of the Department of Defense; and and leading to acceptance for operational use: further, That the Secretary shall provide quar- (3) in the case of an expired account, the obli- Provided further, That this restriction does not terly reports to the Committees on Appropria- gation is not chargeable to a current appropria- apply to programs funded within the National tions, Armed Services, and Foreign Relations of tion of the Department of Defense under the Foreign Intelligence Program: Provided further, the Senate and the Committees on Appropria- provisions of section 1405(b)(8) of the National That the Secretary of Defense may waive this tions, Armed Services, and International Rela- Defense Authorization Act for Fiscal Year 1991, restriction on a case-by-case basis by certifying tions in the House of Representatives on the im- Public Law 101–510, as amended (31 U.S.C. 1551 in writing to the Committees on Appropriations plementation of this program: Provided further, note): Provided, That in the case of an expired of the House of Representatives and the Senate That amounts charged for administrative fees account, if subsequent review or investigation that it is in the national security interest to do and deposited to the special account provided discloses that there was not in fact a negative so. for under section 2540c(d) of title 10, shall be unliquidated or unexpended balance in the ac- SEC. 8084. Of the funds made available under available for paying the costs of administrative count, any charge to a current account under the heading ‘‘Operation and Maintenance, Air expenses of the Department of Defense that are the authority of this section shall be reversed Force’’, not less than $1,500,000 shall be made attributable to the loan guarantee program and recorded against the expired account: Pro- available by grant or otherwise, to the Council under subchapter VI of chapter 148 of title 10, vided further, That the total amount charged to of Athabascan Tribal Governments, to provide United States Code. a current appropriation under this section may assistance for health care, monitoring and re- SEC. 8072. None of the funds available to the not exceed an amount equal to 1 percent of the lated issues associated with research conducted Department of Defense under this Act shall be total appropriation for that account. from 1955 to 1957 by the former Arctic obligated or expended to pay a contractor under SEC. 8078. Funds appropriated in title II of Aeromedical Laboratory. a contract with the Department of Defense for this Act and for the Defense Health Program in SEC. 8085. In addition to the amounts appro- costs of any amount paid by the contractor to title VI of this Act for supervision and adminis- priated or otherwise made available in this Act, an employee when— tration costs for facilities maintenance and re- $5,000,000, to remain available until September

VerDate 05-DEC-2001 04:35 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.019 pfrm04 PsN: S06PT1 S12486 CONGRESSIONAL RECORD — SENATE December 6, 2001 30, 2002, is hereby appropriated to the Depart- waive the prohibition in subsection (a) if he de- including areas in such military family housing ment of Defense: Provided, That the Secretary termines that such waiver is required by ex- units that may be used for the purpose of con- of Defense shall make a grant in the amount of traordinary circumstances. ducting official Department of Defense business. $5,000,000 to the American Red Cross for Armed (d) REPORT.—Not more than 15 days after the SEC. 8097. Notwithstanding any other provi- Forces Emergency Services. exercise of any waiver under subsection (c), the sion of law, funds appropriated in this Act SEC. 8086. None of the funds made available in Secretary of Defense shall submit a report to the under the heading ‘‘Research, Development, this Act may be used to approve or license the congressional defense committees describing the Test and Evaluation, Defense-Wide’’ for any sale of the F–22 advanced tactical fighter to any extraordinary circumstances, the purpose and advanced concept technology demonstration foreign government. duration of the training program, the United project may only be obligated 30 days after a re- SEC. 8087. (a) The Secretary of Defense may, States forces and the foreign security forces in- port, including a description of the project and on a case-by-case basis, waive with respect to a volved in the training program, and the infor- its estimated annual and total cost, has been foreign country each limitation on the procure- mation relating to human rights violations that provided in writing to the congressional defense ment of defense items from foreign sources pro- necessitates the waiver. committees: Provided, That the Secretary of De- vided in law if the Secretary determines that the SEC. 8092. The Secretary of Defense, in coordi- fense may waive this restriction on a case-by- application of the limitation with respect to that nation with the Secretary of Health and Human case basis by certifying to the congressional de- country would invalidate cooperative programs Services, may carry out a program to distribute fense committees that it is in the national inter- entered into between the Department of Defense surplus dental equipment of the Department of est to do so. and the foreign country, or would invalidate re- Defense, at no cost to the Department of De- SEC. 8098. Notwithstanding any other provi- ciprocal trade agreements for the procurement of fense, to Indian health service facilities and to sion in this Act, the total amount appropriated defense items entered into under section 2531 of federally-qualified health centers (within the in this Act is hereby reduced by $171,296,000, to title 10, United States Code, and the country meaning of section 1905(l)(2)(B) of the Social Se- reduce cost growth in travel, to be distributed as does not discriminate against the same or simi- curity Act (42 U.S.C. 1396d(l)(2)(B))). follows: lar defense items produced in the United States SEC. 8093. Notwithstanding any other provi- ‘‘Operation and Maintenance, Army’’, for that country. sion in this Act, the total amount appropriated $9,000,000; (b) Subsection (a) applies with respect to— in this Act is hereby reduced by $140,591,000 to ‘‘Operation and maintenance, Marine Corps’’, (1) contracts and subcontracts entered into on reflect savings from favorable foreign currency $296,000; or after the date of the enactment of this Act; fluctuations, to be distributed as follows: ‘‘Operation and Maintenance, Air Force’’, and ‘‘Operation and Maintenance, Army’’, $150,000,000; (2) options for the procurement of items that ‘‘Operation and Maintenance, Army Re- $89,359,000; are exercised after such date under contracts ‘‘Operation and Maintenance, Navy’’, serve’’, $2,000,000; and ‘‘Operation and maintenance, Defense-wide’’ that are entered into before such date if the op- $15,445,000; tion prices are adjusted for any reason other ‘‘Operation and Maintenance, Marine $10,000,000. SEC. 8099. During the current fiscal year, re- than the application of a waiver granted under Corps’’, $1,379,000; funds attributable to the use of the Government subsection (a). ‘‘Operation and Maintenance, Air Force’’, (c) Subsection (a) does not apply to a limita- travel card, refunds attributable to the use of $24,408,000; and tion regarding construction of public vessels, ‘‘Operation and Maintenance, Defense- the Government Purchase Card and refunds at- ball and roller bearings, food, and clothing or Wide’’, $10,000,000. tributable to official Government travel ar- textile materials as defined by section 11 (chap- SEC. 8094. None of the funds appropriated or ranged by Government Contracted Travel Man- ters 50–65) of the Harmonized Tariff Schedule made available in this Act to the Department of agement Centers may be credited to operation and products classified under headings 4010, the Navy shall be used to develop, lease or pro- and maintenance accounts of the Department of 4202, 4203, 6401 through 6406, 6505, 7019, 7218 cure the T-AKE class of ships unless the main Defense which are current when the refunds are through 7229, 7304.41 through 7304.49, 7306.40, propulsion diesel engines and propulsors are received. 7502 through 7508, 8105, 8108, 8109, 8211, 8215, manufactured in the United States by a domesti- SEC. 8100. (a) REGISTERING INFORMATION and 9404. cally operated entity: Provided, That the Sec- TECHNOLOGY SYSTEMS WITH DOD CHIEF INFOR- SEC. 8088. Funds made available to the Civil retary of Defense may waive this restriction on MATION OFFICER.—None of the funds appro- Air Patrol in this Act under the heading ‘‘Drug priated in this Act may be used for a mission Interdiction and Counter-Drug Activities, De- a case-by-case basis by certifying in writing to the Committees on Appropriations of the House critical or mission essential information tech- fense’’ may be used for the Civil Air Patrol Cor- nology system (including a system funded by the poration’s counterdrug program, including its of Representatives and the Senate that adequate domestic supplies are not available to meet De- defense working capital fund) that is not reg- demand reduction program involving youth pro- istered with the Chief Information Officer of the grams, as well as operational and training drug partment of Defense requirements on a timely basis and that such an acquisition must be made Department of Defense. A system shall be con- reconnaissance missions for Federal, State, and sidered to be registered with that officer upon local government agencies; and for equipment in order to acquire capability for national secu- rity purposes or there exists a significant cost or the furnishing to that officer of notice of the needed for mission support or performance: Pro- system, together with such information con- vided, That the Department of the Air Force quality difference. EC. 8095. Notwithstanding any other provi- cerning the system as the Secretary of Defense should waive reimbursement from the Federal, S sion of law, the total amount appropriated in may prescribe. An information technology sys- State, and local government agencies for the use this Act under Title I and Title II is hereby re- tem shall be considered a mission critical or mis- of these funds. sion essential information technology system as SEC. 8089. Section 8125 of the Department of duced by $50,000,000: Provided, That during the current fiscal year, not more than 250 military defined by the Secretary of Defense. Defense Appropriations Act, 2001 (Public Law (b) CERTIFICATIONS AS TO COMPLIANCE WITH and civilian personnel of the Department of De- 106–259), is hereby repealed. CLINGER-COHEN ACT.—(1) During the current fense shall be assigned to legislative affairs or SEC. 8090. Of the funds appropriated in this fiscal year, a major automated information sys- legislative liaison functions: Provided further, Act under the heading ‘‘Research, Development, tem may not receive Milestone I approval, Mile- That of the 250 personnel assigned to legislative Test and Evaluation, Navy’’, up to $3,000,000 stone II approval, or Milestone III approval, or liaison or legislative affairs functions, 20 per- may be made available for a Maritime Fire their equivalent, within the Department of De- cent shall be assigned to the Office of the Sec- Training Center at Barbers Point, including fense until the Chief Information Officer cer- retary of Defense and the Office of the Chair- provision for laboratories, construction, and tifies, with respect to that milestone, that the man of the Joint Chiefs of Staff, 20 percent shall other efforts associated with research, develop- system is being developed in accordance with be assigned to the Department of the Army, 20 ment, and other programs of major importance the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et percent shall be assigned to the Department of to the Department of Defense. seq.). The Chief Information Officer may require the Navy, 20 percent shall be assigned to the De- SEC. 8091. (a) PROHIBITION.—None of the additional certifications, as appropriate, with partment of the Air Force, and 20 percent shall funds made available by this Act may be used to respect to any such system. support any training program involving a unit be assigned to the combatant commands: Pro- (2) The Chief Information Officer shall pro- of the security forces of a foreign country if the vided further, That of the personnel assigned to vide the congressional defense committees timely Secretary of Defense has received credible infor- legislative liaison and legislative affairs func- notification of certifications under paragraph mation from the Department of State that the tions, no fewer than 20 percent shall be assigned (1). Each such notification shall include, at a unit has committed a gross violation of human to the Under Secretary of Defense (Comptroller), minimum, the funding baseline and milestone rights, unless all necessary corrective steps have the Assistant Secretary of the Army (Financial schedule for each system covered by such a cer- been taken. Management and Comptroller), the Assistant tification and confirmation that the following (b) MONITORING.—The Secretary of Defense, Secretary of the Navy (Financial Management steps have been taken with respect to the sys- in consultation with the Secretary of State, and Comptroller), and the Assistant Secretary of tem: shall ensure that prior to a decision to conduct the Air Force (Financial Management and (A) Business process reengineering. any training program referred to in subsection Comptroller). (B) An analysis of alternatives. (a), full consideration is given to all credible in- SEC. 8096. None of the funds appropriated or (C) An economic analysis that includes a cal- formation available to the Department of State otherwise made available by this or other De- culation of the return on investment. relating to human rights violations by foreign partment of Defense Appropriations Acts may be (D) Performance measures. security forces. obligated or expended for the purpose of per- (E) An information assurance strategy con- (c) WAIVER.—The Secretary of Defense, after forming repairs or maintenance to military fam- sistent with the Department’s Global Informa- consultation with the Secretary of State, may ily housing units of the Department of Defense, tion Grid.

VerDate 05-DEC-2001 04:35 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.019 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12487

(c) DEFINITIONS.—For purposes of this section: SEC. 8105. During the current fiscal year, in the national security interests of the United (1) The term ‘‘Chief Information Officer’’ under regulations prescribed by the Secretary of States: means the senior official of the Department of Defense, the Center of Excellence for Disaster (1) research, development, test and evaluation Defense designated by the Secretary of Defense Management and Humanitarian Assistance may for ballistic missile defense; and pursuant to section 3506 of title 44, United also pay, or authorize payment for, the expenses (2) activities for combating terrorism. States Code. of providing or facilitating education and train- SEC. 8112. In addition to amounts appro- (2) The term ‘‘information technology system’’ ing for appropriate military and civilian per- priated elsewhere in this Act, $5,000,000 is here- has the meaning given the term ‘‘information sonnel of foreign countries in disaster manage- by appropriated to the Department of Defense: technology’’ in section 5002 of the Clinger- ment, peace operations, and humanitarian as- Provided, That the Secretary of the Army shall Cohen Act of 1996 (40 U.S.C. 1401). sistance. make a grant in the amount of $5,000,000 to the (3) The term ‘‘major automated information SEC. 8106. (a) The Department of Defense is Fort Des Moines Memorial Park and Education system’’ has the meaning given that term in De- authorized to enter into agreements with the Center. partment of Defense Directive 5000.1. Veterans Administration and federally-funded SEC. 8113. In addition to amounts appro- SEC. 8101. During the current fiscal year, none health agencies providing services to Native Ha- priated elsewhere in this Act, $5,000,000 is here- of the funds available to the Department of De- waiians for the purpose of establishing a part- by appropriated to the Department of Defense: fense may be used to provide support to another nership similar to the Alaska Federal Health Provided, That the Secretary of Defense shall department or agency of the United States if Care Partnership, in order to maximize Federal make a grant in the amount of $5,000,000 to the such department or agency is more than 90 days resources in the provision of health care services National D-Day Museum. in arrears in making payment to the Depart- SEC. 8114. Section 8106 of the Department of by federally-funded health agencies, applying ment of Defense for goods or services previously Defense Appropriations Act, 1997 (titles I telemedicine technologies. For the purpose of provided to such department or agency on a re- through VIII of the matter under subsection this partnership, Native Hawaiians shall have imbursable basis: Provided, That this restriction 101(b) of Public Law 104–208; 110 Stat. 3009–111; the same status as other Native Americans who shall not apply if the department is authorized 10 U.S.C. 113 note) shall continue in effect to are eligible for the health care services provided by law to provide support to such department or apply to disbursements that are made by the De- by the Indian Health Service. agency on a nonreimbursable basis, and is pro- partment of Defense in fiscal year 2002. (b) The Department of Defense is authorized viding the requested support pursuant to such SEC. 8115. (a) Section 8162 of the Department to develop a consultation policy, consistent with authority: Provided further, That the Secretary of Defense Appropriations Act, 2000 (16 U.S.C. Executive Order No. 13084 (issued May 14, 1998), of Defense may waive this restriction on a case- 431 note; Public Law 106–79) is amended— with Native Hawaiians for the purpose of assur- by-case basis by certifying in writing to the (1) by redesignating subsection (m) as sub- ing maximum Native Hawaiian participation in Committees on Appropriations of the House of section (o); and the direction and administration of govern- Representatives and the Senate that it is in the (2) by adding after subsection (l) the fol- mental services so as to render those services national security interest to do so. lowing: more responsive to the needs of the Native Ha- SEC. 8102. None of the funds provided in this ‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.— waiian community. Act may be used to transfer to any nongovern- ‘‘(1) IN GENERAL.—The Commission may estab- (c) For purposes of this section, the term ‘‘Na- mental entity ammunition held by the Depart- lish a permanent memorial to Dwight D. Eisen- tive Hawaiian’’ means any individual who is a ment of Defense that has a center-fire cartridge hower on land under the jurisdiction of the Sec- descendant of the aboriginal people who, prior and a United States military nomenclature des- retary of the Interior in the District of Columbia to 1778, occupied and exercised sovereignty in ignation of ‘‘armor penetrator’’, ‘‘armor piercing or its environs. the area that now comprises the State of Ha- (AP)’’, ‘‘armor piercing incendiary (API)’’, or ‘‘(2) COMPLIANCE WITH STANDARDS FOR COM- waii. ‘‘armor-piercing incendiary-tracer (API–T)’’, ex- MEMORATIVE WORKS.—The establishment of the SEC. 8107. In addition to the amounts provided cept to an entity performing demilitarization memorial shall be in accordance with the Com- elsewhere in this Act, the amount of $10,000,000 services for the Department of Defense under a memorative Works Act (40 U.S.C. 1001 et seq.).’’. is hereby appropriated for ‘‘Operation and (b) Section 8162 of the Department of Defense contract that requires the entity to demonstrate Maintenance, Defense-Wide’’, to be available, Appropriations Act, 2000 (16 U.S.C. 431 note; to the satisfaction of the Department of Defense notwithstanding any other provision of law, Public Law 106–79) is amended— that armor piercing projectiles are either: (1) only for a grant to the United Service Organiza- (1) in subsection (j)(2), by striking ‘‘accept rendered incapable of reuse by the demilitariza- tions Incorporated, a federally chartered cor- gifts’’ and inserting ‘‘solicit and accept con- tion process; or (2) used to manufacture ammu- poration under chapter 2201 of title 36, United tributions’’; and nition pursuant to a contract with the Depart- States Code. The grant provided for by this sec- (2) by inserting after subsection (m) (as added ment of Defense or the manufacture of ammuni- tion is in addition to any grant provided for by subsection (a)(2)) the following: tion for export pursuant to a License for Perma- under any other provision of law. ‘‘(n) MEMORIAL FUND.— nent Export of Unclassified Military Articles ‘‘(1) ESTABLISHMENT.—There is created in the SEC. 8108. Of the amounts appropriated in this issued by the Department of State. Act under the heading ‘‘Research, Development, Treasury a fund for the memorial to Dwight D. SEC. 8103. Notwithstanding any other provi- Eisenhower that includes amounts contributed sion of law, the Chief of the National Guard Test and Evaluation, Defense-Wide’’, $141,700,000 shall be made available for the under subsection (j)(2). Bureau, or his designee, may waive payment of ‘‘(2) USE OF FUND.—The fund shall be used for Arrow missile defense program: Provided, That all or part of the consideration that otherwise the expenses of establishing the memorial. of this amount, $107,700,000 shall be made avail- would be required under 10 U.S.C. 2667, in the ‘‘(3) INTEREST.—The Secretary of the Treasury case of a lease of personal property for a period able for the purpose of continuing the Arrow shall credit to the fund the interest on obliga- not in excess of 1 year to any organization spec- System Improvement Program (ASIP), con- tions held in the fund.’’. ified in 32 U.S.C. 508(d), or any other youth, so- tinuing ballistic missile defense interoperability (c) In addition to the amounts appropriated or cial, or fraternal non-profit organization as may with Israel, and establishing an Arrow produc- otherwise made available elsewhere in this Act be approved by the Chief of the National Guard tion capability in the United States: Provided for the Department of Defense, $3,000,000, to re- Bureau, or his designee, on a case-by-case basis. further, That the remainder, $34,000,000, shall main available until expended is hereby appro- SEC. 8104. None of the funds appropriated by be available for the purpose of adjusting the priated to the Department of Defense: Provided, this Act shall be used for the support of any cost-share of the parties under the Agreement That the Secretary of Defense shall make a nonappropriated funds activity of the Depart- between the Department of Defense and the grant in the amount of $3,000,000 to the Dwight ment of Defense that procures malt beverages Ministry of Defense of Israel for the Arrow D. Eisenhower Memorial Commission for direct and wine with nonappropriated funds for resale Deployability Program. administrative support. (including such alcoholic beverages sold by the SEC. 8109. Funds available to the Department SEC. 8116. In addition to amounts appro- drink) on a military installation located in the of Defense for the Global Positioning System priated elsewhere in this Act, $8,000,000 shall be United States unless such malt beverages and during the current fiscal year may be used to available only for the settlement of subcon- wine are procured within that State, or in the fund civil requirements associated with the sat- tractor claims for payment associated with the case of the District of Columbia, within the Dis- ellite and ground control segments of such sys- Air Force contract F19628–97–C–0105, Clear trict of Columbia, in which the military installa- tem’s modernization program. Radar Upgrade, at Clear AFS, Alaska: Pro- tion is located: Provided, That in a case in (INCLUDING TRANSFER OF FUNDS) vided, That the Secretary of the Air Force shall which the military installation is located in SEC. 8110. Of the amounts appropriated in this evaluate claims as may be submitted by sub- more than one State, purchases may be made in Act under the heading ‘‘Operation and Mainte- contractors, engaged under the contract, and, any State in which the installation is located: nance, Defense-Wide’’, $115,000,000 shall remain notwithstanding any other provision of law Provided further, That such local procurement available until expended: Provided, That not- shall pay such amounts from the funds provided requirements for malt beverages and wine shall withstanding any other provision of law, the in this paragraph which the Secretary deems apply to all alcoholic beverages only for military Secretary of Defense is authorized to transfer appropriate to settle completely any claims installations in States which are not contiguous such funds to other activities of the Federal which the Secretary determines to have merit, with another State: Provided further, That alco- Government. with no right of appeal in any forum: Provided holic beverages other than wine and malt bev- SEC. 8111. In addition to the amounts appro- further, That subcontractors are to be paid in- erages, in contiguous States and the District of priated or otherwise made available in this Act, terest, calculated in accordance with the Con- Columbia shall be procured from the most com- $1,300,000,000 is hereby appropriated to the De- tract Disputes Act of 1978, 41 U.S.C. Sections petitive source, price and other factors consid- partment of Defense for whichever of the fol- 601–613, on any claims which the Secretary de- ered. lowing purposes the President determines to be termines to have merit: Provided further, That

VerDate 05-DEC-2001 04:35 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.019 pfrm04 PsN: S06PT1 S12488 CONGRESSIONAL RECORD — SENATE December 6, 2001 the Secretary of the Air Force may delegate Under the heading, ‘‘Shipbuilding and Con- by Public Land Order No. 1396 and no longer evaluation and payment as above to the U.S. version, Navy, 1997/2002’’: needed by the Air Force shall be conveyed to Army Corps of Engineers, Alaska District on a DDG–51 Destroyer Program, $37,200,000; Gwitchyaa Zhee Corporation. reimbursable basis. Under the heading, ‘‘Shipbuilding and Con- SEC. 8124. The Secretary of the Navy may set- SEC. 8117. Notwithstanding any other provi- version, Navy, 1998/2002’’: tle, or compromise, and pay any and all admi- sion of this Act, the total amount appropriated NSSN Program, $168,561,000; ralty claims under 10 U.S.C. 7622 arising out of in this Act is hereby reduced by $1,650,000,000, DDG–51 Destroyer Program, $111,457,000; the collision involving the USS GREENEVILLE to reflect savings to be achieved from business Under the heading, ‘‘Shipbuilding and Con- and the EHIME MARU, in any amount and process reforms, management efficiencies, and version, Navy, 1999/2002’’: without regard to the monetary limitations in procurement of administrative and management NSSN Program, $62,429,000. subsections (a) and (b) of that section: Provided, support: Provided, That none of the funds pro- (TRANSFER OF FUNDS) That such payments shall be made from funds vided in this Act may be used for consulting and available to the Department of the Navy for op- SEC. 8122. Upon enactment of this Act, the advisory services for legislative affairs and legis- Secretary of the Navy shall make the following eration and maintenance. lative liaison functions. SEC. 8125. (a) Not later than February 1, 2002, transfers of funds: Provided, That the amounts SEC. 8118. In addition to amounts provided the Secretary of Defense shall report to the con- transferred shall be available for the same pur- elsewhere in this Act, $21,000,000 is hereby ap- gressional defense committees on the status of poses as the appropriations to which trans- propriated for the Secretary of Defense to estab- the safety and security of munitions shipments ferred, and for the same time period as the ap- lish a Regional Defense Counter-terrorism Fel- that use commercial trucking carriers within the propriation from which transferred: Provided lowship Program: Provided, That funding pro- United States. further, That the amounts shall be transferred vided herein may be used by the Secretary to (b) REPORT ELEMENTS.—The report under sub- fund foreign military officers to attend U.S. between the following appropriations in the section (a) shall include the following: military educational institutions and selected amount specified: (1) An assessment of the Department of De- regional centers for non-lethal training: Pro- From: fense’s policies and practices for conducting vided further, That United States Regional Under the heading, ‘‘Shipbuilding and Con- background investigations of current and pro- Commanders in Chief will be the nominative au- version, Navy, 1990/2002’’: spective drivers of munitions shipments. thority for candidates and schools for attend- TRIDENT ballistic missile submarine program, (2) A description of current requirements for ance with joint staff review and approval by the $78,000; periodic safety and security reviews of commer- Secretary of Defense: Provided further, That the SSN–21 attack submarine program, $66,000; cial trucking carriers that carry munitions. Secretary of Defense shall establish rules to gov- DDG–51 destroyer program, $6,100,000; (3) A review of the Department of Defense’s ern the administration of this program. ENTERPRISE refueling modernization pro- efforts to establish uniform safety and security SEC. 8119. Notwithstanding any other provi- gram, $964,000; standards for cargo terminals not operated by sion of law, from funds appropriated in this or LSD–41 dock landing ship cargo variant ship the Department that store munitions shipments. any other Act under the heading, ‘‘Aircraft Pro- program, $237,000; (4) An assessment of current capabilities to curement, Air Force’’, that remain available for MCM mine countermeasures program, provide for escort security vehicles for shipments obligation, not to exceed $16,000,000 shall be $118,000; that contain dangerous munitions or sensitive available for recording, adjusting, and liqui- Oceanographic ship program, $2,317,000; technology, or pass through high-risk areas. dating obligations for the C–17 aircraft properly AOE combat support ship program, $164,000; (5) A description of current requirements for chargeable to the fiscal year 1998 Aircraft Pro- AO conversion program, $56,000; depots and other defense facilities to remain curement, Air Force account: Provided, That Coast Guard icebreaker ship program, open outside normal operating hours to receive the Secretary of the Air Force shall notify the $863,000; munitions shipments. congressional defense committees of all of the Craft, outfitting, post delivery, and ship spe- (6) Legislative proposals, if any, to correct de- specific sources of funds to be used for such pur- cial support equipment, $529,000; ficiencies identified by the Department of De- pose. To: fense in the report under subsection (a). SEC. 8120. Notwithstanding any provisions of Under the heading, ‘‘Shipbuilding and Con- (c) Not later than six months after enactment the Southern Nevada Public Land Management version, Navy, 1998/2002’’: of this Act, the Secretary shall report to Con- Act of 1998, Public Law 105–263, or the land use DDG–51 destroyer program, $11,492,000; gress on safety and security procedures used for planning provision of Section 202 of the Federal From: U.S. munitions shipments in European NATO Land Policy and Management Act of 1976, Pub- Under the heading, ‘‘Shipbuilding and Con- countries, and provide recommendations on lic Law 94–579, or of any other law to the con- version, Navy, 1993/2002’’: what procedures or technologies used in those trary, the Secretary of the Interior may acquire DDG–51 destroyer program, $3,986,000; countries should be adopted for shipments in the non-federal lands adjacent to Nellis Air Force LHD–1 amphibious assault ship program, United States. Base, through a land exchange in Nevada, to $85,000; SEC. 8126. In addition to the amounts appro- ensure the continued safe operation of live ord- LSD–41 dock landing ship cargo variant pro- priated or otherwise made available elsewhere in nance departure areas at Nellis Air Force Base, gram, $428,000; this Act for the Department of Defense, Las Vegas, Nevada. The Secretary of the Air AOE combat support ship program, $516,000; $15,000,000, to remain available until September Force shall identify up to 220 acres of non-fed- Craft, outfitting, post delivery, and first des- 30, 2002 is hereby appropriated to the Depart- eral lands needed to ensure the continued safe tination transportation, and inflation adjust- ment of Defense: Provided, That the Secretary operation of the live ordnance departure areas ments, $1,034,000; of Defense shall make a grant in the amount of at Nellis Air Force Base. Any such identified To: $15,000,000 to the Padgett Thomas Barracks in property acquired by exchange by the Secretary Under the heading, ‘‘Shipbuilding, and Con- Charleston, South Carolina. SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF of the Interior shall be transferred by the Sec- version, Navy, 1998/2002’’: retary of the Interior to the jurisdiction, cus- NATIONAL SIGNIFICANCE.— DDG–51 destroyer program, $6,049,000; (1) Notwithstanding any other provision of tody, and control of the Secretary of the Air From: Force to be managed as a part of Nellis Air law, at events determined by the President to be Under the heading, ‘‘Other Procurement, special events of national significance for which Force Base. To the extent the Secretary of the Navy, 2001/2003’’: Interior is unable to acquire non-federal lands the United States Secret Service is authorized Shallow Water MCM, $16,248,000; pursuant to Section 3056(e)(1), title 18, United by exchange, the Secretary of the Air Force is To: authorized to purchase those lands at fair mar- States Code, to plan, coordinate, and implement Under the heading, ‘‘Shipbuilding and Con- security operations, the Secretary of Defense, ket value subject to available appropriations. version, Navy, 2001/2005’’: SEC. 8121. Of the amounts appropriated in this after consultation with the Secretary of the Submarine Refuelings, $16,248,000. Act under the heading, ‘‘Shipbuilding and Con- Treasury, shall provide assistance on a tem- SEC. 8123. (a) The Secretary of Defense shall version, Navy’’, $725,000,000 shall be available porary basis without reimbursement in support convey to Gwitchyaa Zhee Corporation the until September 30, 2002, to fund prior year ship- of the United States Secret Service’s duties re- lands withdrawn by Public Land Order No. building cost increases: Provided, That upon en- lated to such designated events. 1996, Lot 1 of United States Survey 7008, Public actment of this Act, the Secretary of the Navy (2) Assistance under this subsection shall be Land Order No. 1396, a portion of Lot 3 of shall transfer such funds to the following ap- provided in accordance with an agreement that United States Survey 7161, lands reserved pursu- propriations in the amounts specified: Provided shall be entered into by the Secretary of Defense ant to the instructions set forth at page 513 of further, That the amounts transferred shall be and the Secretary of the Treasury within 120 volume 44 of the Interior Land Decisions issued merged with and be available for the same pur- days of the enactment of this Act. January 13, 1916, Lot 13 of United States Survey poses as the appropriations to which trans- (b) REPORT ON ASSISTANCE.—Not later than 7161, Lot 1 of United States Survey 7008 de- ferred: January 30 of each year following a year in To: scribed in Public Land Order No. 1996, and Lot which the Secretary of Defense provides assist- Under the heading, ‘‘Shipbuilding and Con- 13 of the United States Survey 7161 reserved ance under this section, the Secretary shall sub- version, Navy, 1995/2002’’: pursuant to the instructions set forth at page mit to Congress a report on the assistance pro- Carrier Replacement Program, $172,364,000; 513 of volume 44 of the Interior Land Decisions vided. The report shall set forth— Under the heading, ‘‘Shipbuilding and Con- issued January 13, 1916. (1) a description of the assistance provided; version, Navy, 1996/2002’’: (b) Following site restoration and survey by and LPD–17 Amphibious Transport Dock Ship the Department of the Air Force that portion of (2) the amount expended by the Department Program, $172,989,000; Lot 3 of United States Survey 7161 withdrawn in providing the assistance.

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(c) RELATIONSHIP TO OTHER LAWS.—The as- into leases under a provision of law other than ‘‘(1) The period for repayment of the loan may sistance provided under this section shall not be this section. not exceed five years. subject to the provisions of sections 375 and 376 (f) The authority provided under this section ‘‘(2) The loan shall be secured by primary col- of this title. may be used to lease not more than a total of lateral that is sufficient to pay the total amount SEC. 8128. MULTI-YEAR AIRCRAFT LEASE PILOT one hundred aircraft for the purposes specified of the unpaid principal and interest of the loan PROGRAM. (a) The Secretary of the Air Force herein. in the event of default. may, from funds provided in this Act or any fu- SEC. 8129. From within amounts made avail- ‘‘(d) EVALUATION OF COST.—As part of the ture appropriations Act, establish a multi-year able in the Title II of this Act, under the head- consideration of each application for a loan or pilot program for leasing general purpose Boe- ing ‘‘Operation and Maintenance, Army Na- for a guarantee of the loan under the program, ing 767 aircraft in commercial configuration. tional Guard’’, and notwithstanding any other the Secretary shall evaluate the cost of the loan (b) Sections 2401 and 2401a of title 10, United provision of law, $2,500,000 shall be available within the meaning of section 502(5) of the Fed- States Code, shall not apply to any aircraft only for repairs and safety improvements to the eral Credit Reform Act of 1990 (2 U.S.C. lease authorized by this section. segment of Camp McCain Road which extends 661a(5)).’’. (c) Under the aircraft lease Pilot Program au- from Highway 8 south toward the boundary of (2) The table of sections at the beginning of thorized by this section: Camp McCain, Mississippi and originating such section is amended by adding at the end (1) The Secretary may include terms and con- intersection of Camp McCain Road; and for re- the following new item: ditions in lease agreements that are customary pairs and safety improvements to the segment of ‘‘2228. Department of Defense strategic loan and in aircraft leases by a non-Government lessor to Greensboro Road which connects the Adminis- loan guaranty program.’’. a non-Government lessee, but only those that tration Offices of Camp McCain to the Troutt (b) Of the amounts appropriated by Public are not inconsistent with any of the terms and Rifle Range: Provided, That these funds shall Law 107–38, there shall be available such sums conditions mandated herein. remain available until expended: Provided fur- as may be necessary for the costs (as defined in (2) The term of any individual lease agreement ther, That the authorized scope of work in- section 502(5) of the Federal Credit Reform Act into which the Secretary enters under this sec- cludes, but is not limited to, environmental doc- of 1990 (2 U.S.C. 661a(5)) of direct loans and tion shall not exceed 10 years, inclusive of any umentation and mitigation, engineering and de- loan guarantees made under section 2228 of title options to renew or extend the initial lease term. sign, improving safety, resurfacing, widening 10, United States Code, as added by subsection (3) The Secretary may provide for special pay- lanes, enhancing shoulders, and replacing signs (a). ments in a lessor if the Secretary terminates or and pavement markings. SEC. 8134. REGULATION OF BIOLOGICAL AGENTS cancels the lease prior to the expiration of its SEC. 8130. From funds made available under AND TOXINS. (a) BIOLOGICAL AGENTS PROVISIONS term. Such special payments shall not exceed an Title II of this Act, the Secretary of the Army OF THE ANTITERRORISM AND EFFECTIVE DEATH amount equal to the value of one year’s lease may make available a grant of $3,000,000 to the PENALTY ACT OF 1996; CODIFICATION IN THE payment under the lease. Chicago Park District for renovation of the PUBLIC HEALTH SERVICE ACT, WITH AMEND- (4) Subchapter IV of chapter 15 of Title 31, Broadway Armory, a former National Guard fa- MENTS.— United States Code shall apply to the lease cility in the Edgewater community in Chicago. (1) PUBLIC HEALTH SERVICE ACT.—Subpart 1 of SEC. 8131. Notwithstanding any other provi- transactions under this section, except that the part F of title III of the Public Health Service sion of law, none of the funds in this Act may limitation in section 1553(b)(2) shall not apply. Act (42 U.S.C. 262 et seq.) is amended by insert- be used to alter specifications for insulation to (5) The Secretary shall lease aircraft under ing after section 351 the following: terms and conditions consistent with this section be used on U.S. naval ships or for the procure- ment of insulation materials different from those ‘‘SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL and consistent with the criteria for an operating AGENTS AND TOXINS. lease as defined in OMB Circular A–11, as in ef- in use as of November 1, 2001, until the Depart- ‘‘(a) REGULATORY CONTROL OF BIOLOGICAL fect at the time of the lease. ment of Defense certifies to the Appropriations AGENTS AND TOXINS.— Committees that the proposed specification (6) Lease arrangements authorized by this sec- ‘‘(1) LIST OF BIOLOGICAL AGENTS AND TOX- changes or proposed new insulation materials tion may not commence until: INS.— (A) The Secretary submits a report to the con- will be as safe, provide no increase in weight, ‘‘(A) IN GENERAL.—The Secretary shall by reg- gressional defense committees outlining the and will not increase maintenance requirements ulation establish and maintain a list of each bi- plans for implementing the Pilot Program. The when compared to the insulation material cur- ological agent and each toxin that has the po- report shall describe the terms and conditions of rently used. tential to pose a severe threat to public health EC. 8132. The provisions of S. 746 of the 107th proposed contracts and describe the expected S and safety. savings, if any, comparing total costs, including Congress, as reported to the Senate on Sep- ‘‘(B) CRITERIA.—In determining whether to operation, support, acquisition, and financing, tember 21, 2001, are hereby enacted into law. include an agent or toxin on the list under sub- SEC. 8133. (a)(1) Chapter 131 of title 10, United of the lease, including modification, with the paragraph (A), the Secretary shall— outright purchase of the aircraft as modified. States Code, is amended by adding at the end ‘‘(i) consider— (B) A period of not less than 30 calendar days the following new section: ‘‘(I) the effect on human health of exposure to has elapsed after submitting the report. ‘‘§ 2228. Department of Defense strategic loan the agent or toxin; (7) Not later than 1 year after the date on and loan guaranty program ‘‘(II) the degree of contagiousness of the agent which the first aircraft is delivered under this ‘‘(a) AUTHORITY.—The Secretary of Defense or toxin and the methods by which the agent or Pilot Program, and yearly thereafter on the an- may carry out a program to make direct loans toxin is transferred to humans; niversary of the first delivery, the Secretary and guarantee loans for the purpose of sup- ‘‘(III) the availability and effectiveness of shall submit a report to the congressional de- porting the attainment of the objectives set forth pharmacotherapies and immunizations to treat fense committees describing the status of the in subsection (b). and prevent any illness resulting from infection Pilot Program. The Report will be based on at ‘‘(b) OBJECTIVES.—The Secretary may, under by the agent or toxin; and least 6 months of experience in operating the the program, make a direct loan to an applicant ‘‘(IV) any other criteria, including the needs Pilot Program. or guarantee the payment of the principal and of children and other vulnerable populations, (8) The Air Force shall accept delivery of the interest of a loan made to an applicant upon the that the Secretary considers appropriate; and aircraft in a general purpose configuration. Secretary’s determination that the applicant’s ‘‘(ii) consult with appropriate Federal depart- (9) At the conclusion of the lease term, each use of the proceeds of the loan will support the ments and agencies, and scientific experts rep- aircraft obtained under that lease may be re- attainment of any of the following objectives: resenting appropriate professional groups, in- turned to the contractor in the same configura- ‘‘(1) Sustain the readiness of the United States cluding those with pediatric expertise. tion in which the aircraft was delivered. to carry out the national security objectives of ‘‘(2) BIENNIAL REVIEW.—The Secretary shall (10) The present value of the total payments the United States through the guarantee of review and republish the list under paragraph over the duration of each lease entered into steady domestic production of items necessary (1) biennially, or more often as needed, and under this authority shall not exceed 90 percent for low intensity conflicts to counter terrorism shall, through rulemaking, revise the list as nec- of the fair market value of the aircraft obtained or other imminent threats to the national secu- essary to incorporate additions or deletions to under that lease. rity of the United States. ensure public health, safety, and security. (d) No lease entered into under this authority ‘‘(2) Sustain the economic stability of strategi- ‘‘(3) EXEMPTIONS.—The Secretary may exempt shall provide for— cally important domestic sectors of the defense from the list under paragraph (1)— (1) the modification of the general purpose industry that manufacture or construct prod- ‘‘(A) attenuated or inactive biological agents aircraft from the commercial configuration, un- ucts for low-intensity conflicts and counter ter- or toxins used in biomedical research or for le- less and until separate authority for such con- rorism to respond to attacks on United States gitimate medical purposes; and version is enacted and only to the extent budget national security and to protect potential ‘‘(B) products that are cleared or approved authority is provided in advance in appropria- United States civilian and military targets from under the Federal Food, Drug, and Cosmetic tions Acts for that purpose; or attack. Act or under the Virus-Serum-Toxin Act, as (2) the purchase of the aircraft by, or the ‘‘(3) Sustain the production and use of sys- amended in 1985 by the Food Safety and Secu- transfer of ownership to, the Air Force. tems that are critical for the exploration and de- rity Act.’’; (e) The authority granted to the Secretary of velopment of new domestic energy sources for ‘‘(b) REGULATION OF TRANSFERS OF LISTED BI- the Air Force by this section is separate from the United States. OLOGICAL AGENTS AND TOXINS.—The Secretary and in addition to, and shall not be construed ‘‘(c) CONDITIONS.—A loan made or guaranteed shall by regulation provide for— to impair or otherwise affect, the authority of under the program shall meet the following re- ‘‘(1) the establishment and enforcement of the Secretary to procure transportation or enter quirements: safety procedures for the transfer of biological

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agents and toxins listed pursuant to subsection establish appropriate security requirements for (A) DATE CERTAIN FOR PROMULGATION; EFFEC- (a)(1), including measures to ensure— persons possessing, using, or transferring bio- TIVE DATE REGARDING CRIMINAL AND CIVIL PEN- ‘‘(A) proper training and appropriate skills to logical agents and toxins listed pursuant to sub- ALTIES.—Not later than 180 days after the date handle such agents and toxins; and section (a)(1), considering existing standards de- of the enactment of this title, the Secretary of ‘‘(B) proper laboratory facilities to contain veloped by the Attorney General for the security Health and Human Services shall promulgate an and dispose of such agents and toxins; of government facilities, and shall ensure com- interim final rule for carrying out section ‘‘(2) safeguards to prevent access to such pliance with such requirements as a condition of 351A(c) of the Public Health Service Act, which agents and toxins for use in domestic or inter- registration under regulations issued under sub- amends the Antiterrorism and Effective Death national terrorism or for any other criminal pur- sections (b) and (c). Penalty Act of 1996. Such interim final rule will pose; ‘‘(2) LIMITING ACCESS TO LISTED AGENTS AND take effect 60 days after the date on which such ‘‘(3) the establishment of procedures to protect TOXINS.—Regulations issued under subsections rule is promulgated, including for purposes of— the public safety in the event of a transfer or (b) and (c) shall include provisions— (i) section 175(b) of title 18, United States Code potential transfer of a biological agent or toxin ‘‘(A) to restrict access to biological agents and (relating to criminal penalties), as added by sub- in violation of the safety procedures established toxins listed pursuant to subsection (a)(1) only section (b)(1)(B) of this section; and under paragraph (1) or the safeguards estab- to those individuals who need to handle or use (ii) section 351A(i) of the Public Health Serv- lished under paragraph (2); and such agents or toxins; and ice Act (relating to civil penalties). ‘‘(4) appropriate availability of biological ‘‘(B) to provide that registered persons (B) SUBMISSION OF REGISTRATION APPLICA- agents and toxins for research, education, and promptly submit the names and other identi- TIONS.—A person required to register for posses- other legitimate purposes. fying information for such individuals to the At- sion under the interim final rule promulgated ‘‘(c) POSSESSION AND USE OF LISTED BIOLOGI- torney General, with which information the At- under subparagraph (A), shall submit an appli- CAL AGENTS AND TOXINS.—The Secretary shall torney General shall promptly use criminal, im- cation for such registration not later than 60 by regulation provide for the establishment and migration, and national security databases days after the date on which such rule is pro- enforcement of standards and procedures gov- available to the Federal Government to identify mulgated. erning the possession and use of biological whether such individuals— (3) CONFORMING AMENDMENT.—Subsections agents and toxins listed pursuant to subsection ‘‘(i) are restricted persons, as defined in sec- (d), (e), (f), and (g) of section 511 of the (a)(1) in order to protect the public health and tion 175b of title 18, United States Code; or Antiterrorism and Effective Death Penalty Act safety, including the measures, safeguards, pro- ‘‘(ii) are named in a warrant issued to a Fed- of 1996 (42 U.S.C. 262 note) are repealed. cedures, and availability of such agents and eral or State law enforcement agency for partici- (4) EFFECTIVE DATE.—Paragraph (1) shall toxins described in paragraphs (1) through (4) of pation in any domestic or international act of take effect as if incorporated in the subsection (b), respectively. terrorism. Antiterrorism and Effective Death Penalty Act ‘‘(d) REGISTRATION AND TRACEABILITY MECHA- ‘‘(3) CONSULTATION AND IMPLEMENTATION.— of 1996, and any regulations, including the list NISMS.—Regulations under subsections (b) and Regulations under subsections (b) and (c) shall under subsection (d)(1) of section 511 of that (c) shall require registration for the possession, be developed in consultation with research-per- Act, issued under section 511 of that Act shall use, and transfer of biological agents and toxins forming organizations, including universities, remain in effect as if issued under section 351A listed pursuant to subsection (a)(1), and such and implemented with timeframes that take into of the Public Health Service Act. registration shall include (if available to the account the need to continue research and edu- (b) SELECT AGENTS.— registered person) information regarding the cation using biological agents and toxins listed (1) IN GENERAL.—Section 175 of title 18, United characterization of such biological agents and pursuant to subsection (a)(1). States Code, as amended by the Uniting and toxins to facilitate their identification and ‘‘(h) DISCLOSURE OF INFORMATION.— Strengthening America by Providing Appro- traceability. The Secretary shall maintain a na- ‘‘(1) IN GENERAL.—Any information in the priate Tools Required to Intercept and Obstruct tional database of the location of such biological possession of any Federal agency that identifies Terrorism (USA PATRIOT ACT) Act of 2001 agents and toxins with information regarding a person, or the geographic location of a person, (Public Law 107-56) is amended— their characterizations. who is registered pursuant to regulations under (A) by redesignating subsections (b) and (c) as ‘‘(e) INSPECTIONS.—The Secretary shall have this section (including regulations promulgated subsections (c) and (d), respectively; and the authority to inspect persons subject to the before the effective date of this subsection), or (B) by inserting after subsection (a) the fol- regulations under subsections (b) and (c) to en- any site-specific information relating to the lowing: sure their compliance with such regulations, in- type, quantity, or characterization of a biologi- ‘‘(b) SELECT AGENTS.— cluding prohibitions on restricted persons under cal agent or toxin listed pursuant to subsection ‘‘(1) UNREGISTERED FOR POSSESSION.—Who- subsection (g). (a)(1) or the site-specific security mechanisms in ever knowingly possesses a biological agent or ‘‘(f) EXEMPTIONS.— place to protect such agents and toxins, includ- toxin where such agent or toxin is a select agent ‘‘(1) IN GENERAL.—The Secretary shall estab- ing the national database required in subsection for which such person has not obtained a reg- lish exemptions, including exemptions from the (d), shall not be disclosed under section 552(a) of istration required by regulation issued under security provisions, from the applicability of title 5, United States Code. section 351A(c) of the Public Health Service Act provisions of— ‘‘(2) DISCLOSURES FOR PUBLIC HEALTH AND shall be fined under this title, or imprisoned for ‘‘(A) the regulations issued under subsection SAFETY; CONGRESS.—Nothing in this section may not more than 5 years, or both. (b) and (c) when the Secretary determines that be construed as preventing the head of any Fed- ‘‘(2) TRANSFER TO UNREGISTERED PERSON.— the exemptions, including exemptions from the eral agency— Whoever transfers a select agent to a person security requirements, and for the use of attenu- ‘‘(A) from making disclosures of information who the transferor has reasons to believe has ated or inactive biological agents or toxins in described in paragraph (1) for purposes of pro- not obtained a registration required by regula- biomedical research or for legitimate medical tecting the public health and safety; or tions issued under section 351A(b) or (c) of the purposes are consistent with protecting public ‘‘(B) from making disclosures of such informa- Public Health Service Act shall be fined under health and safety; and tion to any committee or subcommittee of the this title, or imprisoned for not more than 5 ‘‘(B) the regulations issued under subsection Congress with appropriate jurisdiction, upon re- years, or both.’’. (c) for agents and toxins that the Secretary de- quest. (2) DEFINITIONS.—Section 175 of title 18, termines do not present a threat for use in do- ‘‘(i) CIVIL PENALTY.—Any person who violates United States Code, as amended by paragraph mestic or international terrorism, provided the any provision of a regulation under subsection (1), is further amended by striking subsection exemptions are consistent with protecting public (b) or (c) shall be subject to the United States (d) and inserting the following: health and safety. for a civil money penalty in an amount not ex- ‘‘(d) DEFINITIONS.—As used in this section: ‘‘(2) CLINICAL LABORATORIES.—The Secretary ceeding $250,000 in the case of an individual and ‘‘(1) The terms ‘biological agent’ and ‘toxin’ shall exempt clinical laboratories and other per- $500,000 in the case of any other person. The have the meanings given such terms in section sons that possess, use, or transfer biological provisions of section 1128A of the Social Security 178, except that, for purposes of subsections (b) agents and toxins listed pursuant to subsection Act (other than subsections (a), (b), (h), and (i), and (c), such terms do not encompass any bio- (a)(1) from the applicability of provisions of reg- the first sentence of subsection (c), and para- logical agent or toxin that is in its naturally oc- ulations issued under subsections (b) and (c) graphs (1) and (2) of subsection (f)) small apply curring environment, if the biological agent or only when— to civil money penalties under this subsection in toxin has not been cultivated, cultured, col- ‘‘(A) such agents or toxins are presented for the same manner as such provisions apply to a lected, or otherwise extracted from its natural diagnosis, verification, or proficiency testing; penalty or proceeding under section 1128A(a) of source. ‘‘(B) the identification of such agents and tox- the Social Security Act. The secretary may dele- ‘‘(2) The term ‘for use as a weapon’ includes ins is, when required under Federal or State gate authority under this section in the same the development, production, transfer, acquisi- law, reported to the Secretary or other public manner as provided in section 1128A(j)(2) of the tion, retention, or possession of any biological health authorities; and Social Security Act and such authority shall in- agent, toxin, or delivery system, other than for ‘‘(C) such agents or toxins are transferred or clude all powers as contained in 5 U.S.C. App., prophylactic, protective, or other peaceful pur- destroyed in a manner set forth by the Secretary section 6.’’ poses. in regulation. ‘‘(j) DEFINITIONS.—For purposes of this sec- ‘‘(3) The term ‘select agent’ means a biological ‘‘(g) SECURITY REQUIREMENTS FOR REG- tion, the terms ‘biological agent’ and ‘toxin’ agent or toxin, as defined in paragraph (1), that ISTERED PERSONS.— have the same meaning as in section 178 of title is on the list that is in effect pursuant to section ‘‘(1) SECURITY.—In carrying out paragraphs 18, United States Code.’’. 511(d)(1) of the Antiterrorism and Effective (2) and (3) of subsection (b), the Secretary shall (2) REGULATIONS.— Death Penalty Act of 1996 (Public Law 104–132),

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.020 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12491 or as subsequently revised under section 351A(a) States, for ‘‘Patriot Act Activities’’, $25,000,000, States, for ‘‘Crime Victims Fund’’, $68,100,000, to of the Public Health Service Act.’’. to remain available until expended, to be obli- remain available until expended, to be obligated (3) CONFORMING AMENDMENT.— gated from amounts made available in Public from amounts made available in Public Law (A) Section 175(a) of title 18, United States Law 107–38, of which $2,000,000 shall be for a 107–38. Code, is amended in the second sentence by feasibility report, as authorized by Section 405 DEPARTMENT OF COMMERCE striking ‘‘under this section’’ and inserting of Public Law 107–56, and of which $23,000,000 INTERNATIONAL TRADE ADMINISTRATION ‘‘under this subsection’’. shall be for implementation of such enhance- (B) Section 175(c) of title 18, United States ments as are deemed necessary: Provided, That OPERATIONS AND ADMINISTRATION Code, (as redesignated by paragraph (1)), is funding for the implementation of such en- For emergency expenses to respond to the Sep- amended by striking the second sentence. hancements shall be treated as a reprogramming tember 11, 2001, terrorist attacks on the United (c) REPORT TO CONGRESS.—Not later than 1 under section 605 of Public Law 107–77 and shall States, for ‘‘Operations and Administration’’, year after the date of the enactment of this Act, not be available for obligation or expenditure $1,500,000, to remain available until expended, the Secretary of Health and Human Services, except in compliance with the procedures set to be obligated from amounts made available in after consultation with other appropriate Fed- forth in that section. Public Law 107–38. eral agencies, shall submit to the Congress a re- EXPORT ADMINISTRATION port that— ADMINISTRATIVE REVIEW AND APPEALS (1) describes the extent to which there has For emergency expenses to respond to the Sep- OPERATIONS AND ADMINISTRATION been compliance by governmental and private tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- entities with applicable regulations under sec- States, for ‘‘Administrative Review and Ap- tember 11, 2001, terrorist attacks on the United tion 351A of the Public Health Service Act, in- peals’’, $3,500,000, to remain available until ex- States, for ‘‘Operations and Administration’’, cluding the extent of compliance before the date pended, to be obligated from amounts made $1,756,000, to remain available until expended, of the enactment of this Act, and including the available in Public Law 107–38. to be obligated from amounts made available in extent of compliance with regulations promul- LEGAL ACTIVITIES Public Law 107–38. gated after such date of enactment; SALARIES AND EXPENSES, GENERAL LEGAL ECONOMIC DEVELOPMENT ADMINISTRATION (2) describes the actions to date and future ACTIVITIES SALARIES AND EXPENSES plans of the Secretary for updating the list of bi- For emergency expenses to respond to the Sep- ological agents and toxins under section For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United 351A(a)(1) of the Public Health Service Act; States, for ‘‘Salaries and Expenses, General (3) describes the actions to date and future States, for ‘‘Salaries and Expenses’’, $335,000, to Legal Activities’’, $6,250,000, to remain available plans of the Secretary for determining compli- remain available until expended, to be obligated until expended, to be obligated from amounts ance with regulations under such section 351A from amounts made available in Public Law made available in Public Law 107–38. of the Public Health Service Act and for taking 107–38. appropriate enforcement actions; and SALARIES AND EXPENSES, UNITED STATES NATIONAL TELECOMMUNICATIONS AND (4) provides any recommendations of the Sec- ATTORNEYS INFORMATION ADMINISTRATION For emergency expenses to respond to the Sep- retary for administrative or legislative initiatives PUBLIC TELECOMMUNICATIONS FACILITIES, tember 11, 2001, terrorist attacks on the United regarding such section 351A of the Public PLANNING AND CONSTRUCTION States, for ‘‘Salaries and Expenses, United Health Service Act. For emergency grants authorized by section This division may be cited as the ‘‘Department States Attorneys’’, $74,600,000, to remain avail- 392 of the Communications Act of 1934, as of Defense Appropriations Act, 2002’’. able until expended, to be obligated from amended, to respond to the September 11, 2001, amounts made available in Public Law 107–38. DIVISION B—TRANSFERS FROM THE terrorist attacks on the United States, $8,250,000, SALARIES AND EXPENSES, UNITED STATES EMERGENCY RESPONSE FUND PURSU- to remain available until expended, to be obli- ANT TO PUBLIC LAW 107–38 MARSHALS SERVICE gated from amounts made available in Public The funds appropriated in Public Law 107–38 For emergency expenses to respond to the Sep- Law 107–38. subject to subsequent enactment and previously tember 11, 2001, terrorist attacks on the United UNITED STATES PATENT AND TRADEMARK OFFICE designated as an emergency by the President States, for ‘‘Salaries and Expenses, United and Congress under the Balanced Budget and States Marshals Service’’, $11,100,000, to remain SALARIES AND EXPENSES Emergency Deficit Control Act of 1985, are available until expended, to be obligated from For emergency expenses to respond to the Sep- transferred to the following chapters and ac- amounts made available in Public Law 107–38. tember 11, 2001, terrorist attacks on the United counts as follows: FEDERAL BUREAU OF INVESTIGATION States, for ‘‘Salaries and Expenses’’, $3,360,000, CHAPTER 1 to remain available until expended, to be obli- SALARIES AND EXPENSES gated from amounts made available in Public DEPARTMENT OF AGRICULTURE For emergency expenses to respond to the Sep- Law 107–38. FOOD AND NUTRITION SERVICE tember 11, 2001, terrorist attacks on the United NATIONAL INSTITUTE OF STANDARDS AND SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR States, for ‘‘Salaries and Expenses’’, TECHNOLOGY WOMEN, INFANTS, AND CHILDREN (WIC) $538,500,000, to remain available until expended, For emergency expenses to respond to the Sep- to be obligated from amounts made available in SCIENTIFIC AND TECHNICAL RESEARCH AND tember 11, 2001, terrorist attacks on the United Public Law 107–38, of which $10,283,000 is for SERVICES States, for ‘‘Special Supplemental Nutrition Pro- the refurbishing of the Engineering and Re- For emergency expenses to respond to the Sep- gram for Women, Infants, and Children (WIC)’’, search Facility and $14,135,000 is for the decom- tember 11, 2001, terrorist attacks on the United $39,000,000, to remain available until September missioning and renovation of former laboratory States, for ‘‘Scientific and Technical Research 30, 2003, to be obligated from amounts made space in the Hoover building. and Services’’, $400,000, to remain available available in Public Law 107–38: Provided, That IMMIGRATION AND NATURALIZATION SERVICE until expended, to be obligated from amounts made available in Public Law 107–38. of the amounts provided in this Act and any SALARIES AND EXPENSES CONSTRUCTION OF RESEARCH FACILITIES amounts available for reallocation in fiscal year For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- 2002, the Secretary shall reallocate funds under tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United section 17(g)(2) of the Child Nutrition Act of States and for all costs associated with the reor- States, for ‘‘Construction of Research Facili- 1966, as amended, in the manner and under the ganization of the Immigration and Naturaliza- ties’’, $1,225,000, to remain available until ex- formula the Secretary deems necessary to re- tion Service, for ‘‘Salaries and Expenses’’, pended, to be obligated from amounts made spond to the effects of unemployment and other $399,400,000, to remain available until expended, available in Public Law 107–38. conditions caused by the recession, and starting to be obligated from amounts made available in no later than March 1, 2002, such reallocation Public Law 107–38. NATIONAL OCEANIC AND ATMOSPHERIC shall occur no less frequently than every other ADMINISTRATION month throughout the fiscal year. OFFICE OF JUSTICE PROGRAMS OPERATIONS, RESEARCH AND FACILITIES RELATED AGENCY STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- COMMODITY FUTURES TRADING COMMISSION tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- States, $236,900,000 shall be for discretionary States, for ‘‘Operations, Research and Facili- tember 11, 2001, terrorist attacks on the United grants under the Edward Byrne Memorial State ties’’, $2,750,000, to remain available until ex- States, for ‘‘Commodity Futures Trading Com- and Local Law Enforcement Assistance Pro- pended, to be obligated from amounts made mission’’, $10,000,000, to remain available until gram, of which $81,700,000 shall be for Northern available in Public Law 107–38. expended, to be obligated from amounts made Virginia, of which $81,700,000 shall be for New DEPARTMENTAL MANAGEMENT available in Public Law 107–38. Jersey, and of which $56,500,000 shall be for SALARIES AND EXPENSES CHAPTER 2 Maryland, to remain available until expended, For emergency expenses to respond to the Sep- DEPARTMENT OF JUSTICE and to be obligated from amounts made avail- tember 11, 2001, terrorist attacks on the United GENERAL ADMINISTRATION able in Public Law 107–38. States, for ‘‘Salaries and Expenses’’, $881,000, to PATRIOT ACT ACTIVITIES CRIME VICTIMS FUND remain available until expended, to be obligated For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- from amounts made available in Public Law tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United 107–38.

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.020 pfrm04 PsN: S06PT1 S12492 CONGRESSIONAL RECORD — SENATE December 6, 2001 THE JUDICIARY clared as a result of the September 11, 2001, ter- $20,000,000 shall be made available for the Na- SUPREME COURT OF THE UNITED STATES rorist attacks— tional Infrastructure Simulation and Analysis (i) the term ‘‘small business concern’’ shall in- Center (NISAC): Provided further, That $500,000 CARE OF THE BUILDINGS AND GROUNDS clude not-for-profit institutions and small busi- shall be made available only for the White For emergency expenses to respond to the Sep- ness concerns described in United States Indus- House Commission on the National Moment of tember 11, 2001, terrorist attacks on the United try Codes 522320, 522390, 523210, 523920, 523991, Remembrance: Provided further, That— States, for ‘‘Care of the Buildings and 524113, 524114, 524126, 524128, 524210, 524291, (1) $35,000,000 shall be available for the pro- Grounds’’, $30,000,000, to remain available until 524292, and 524298 of the North American Indus- curement of the Advance Identification Friend- expended for security enhancements, to be obli- try Classification System (as described in 13 or-Foe system for integration into F–16 aircraft gated from amounts made available in Public C.F.R. 121.201, as in effect on January 2, 2001); of the Air National Guard that are being used in Law 107–38. (ii) the Administrator may apply such size continuous air patrols over Washington, District COURT OF APPEALS, DISTRICT COURTS, AND standards as may be promulgated under such of Columbia, and New York, New York; and OTHER JUDICIAL SERVICES section 121.201 after the date of enactment of (2) $20,000,000 shall be available for the pro- SALARIES AND EXPENSES this provision, but no later than one year fol- curement of the Transportation Multi-Platform For emergency expenses to respond to the Sep- lowing the date of enactment of this Act; and Gateway for integration into the AWACS air- tember 11, 2001, terrorist attacks on the United (iii) payments of interest and principal shall craft that are being used to perform early warn- States, for ‘‘Salaries and Expenses’’, $5,000,000, be deferred, and no interest shall accrue during ing surveillance over the United States. is for Emergency Communications Equipment, to the two-year period following the issuance of PROCUREMENT remain available until expended, to be obligated such disaster loan. OTHER PROCUREMENT, AIR FORCE from amounts made available in Public Law SEC. 202. Notwithstanding any other provision 107–38. of law, the limitation on the total amount of For emergency expenses to respond to the Sep- tember 11, 2001 terrorist attacks on the United COURT SECURITY loans under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) outstanding and com- States, for ‘‘Other Procurement, Air Force’’, For emergency expenses to respond to the Sep- $210,000,000, to remain available until expended, tember 11, 2001, terrorist attacks on the United mitted to a borrower in the disaster areas de- clared in response to the September 11, 2001, ter- to be obligated from amounts made available by States, for ‘‘Court Security’’, $57,521,000, to re- Public Law 107–38. main available until expended, to be obligated rorist attacks shall be increased to $10,000,000 from amounts made available in Public Law and the Administrator shall, in lieu of the fee GENERAL PROVISIONS, THIS CHAPTER 107–38, for security of the Federal judiciary, of collected under section 7(a)(23)(A) of the Small SEC. 301. Amounts available in the ‘‘Defense which not less than $4,000,000 shall be available Business Act (15 U.S.C. 636(a)(23)(A)), collect an Emergency Response Fund’’ shall be available to reimburse the United States Marshals Service annual fee of 0.25 percent of the outstanding for the purposes set forth in the 2001 Emergency for a Supervisory Deputy Marshal responsible balance of deferred participation loans made Supplemental Appropriations Act for Recovery for coordinating security in each judicial dis- under section 7(a) to small businesses adversely from and Response to Terrorist Attacks on the trict and circuit: Provided, That the funds may affected by the September 11, 2001, terrorist at- United States (Public Law 107–38): Provided, be expended directly or transferred to the tacks and their aftermath, for a period of one That the Fund may be used to reimburse other United States Marshals Service. year following the date of enactment and to the appropriations or funds of the Department of extent the costs of such reduced fees are offset ADMINISTRATIVE OFFICE OF THE UNITED STATES Defense only for costs incurred for such pur- by appropriations provided by this Act. COURTS poses between September 11 and December 31, SEC. 203. Not later than April 1, 2002, the Sec- 2001: Provided further, That such Fund may be SALARIES AND EXPENSES retary of State shall submit to the Committees used to liquidate obligations incurred by the De- For emergency expenses to respond to the Sep- on Appropriations, in both classified and un- partment under the authorities in 41 U.S.C. 11 tember 11, 2001, terrorist attacks on the United classified form, a report on the United States- for any costs incurred for such purposes be- States, for ‘‘Salaries and Expenses’’, $2,879,000, People’s Republic of China Science and Tech- tween September 11 and September 30, 2001: Pro- to remain available until expended, to enhance nology Agreement of 1979, including all proto- vided further, That the Secretary of Defense security at the Thurgood Marshall Federal Judi- cols. The report is intended to provide a com- may transfer funds from the Fund to the appro- ciary Building, to be obligated from amounts prehensive evaluation of the benefits of the priation, ‘‘Support for International Sporting made available in Public Law 107–38. agreement to the Chinese economy, military, Competitions, Defense’’, to be merged with, and RELATED AGENCIES and defense industrial base. The report shall in- available for the same time period and for the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION clude the following elements: same purposes as that appropriation: Provided (1) an accounting of all activities conducted SALARIES AND EXPENSES further, That the transfer authority provided by under the Agreement for the past five years, and For emergency expenses to respond to the Sep- this section is in addition to any other transfer a projection of activities to be undertaken tember 11, 2001, terrorist attacks on the United authority available to the Secretary of Defense: through 2010; States, for ‘‘Salaries and Expenses’’, $1,301,000, Provided further, That the Secretary of Defense (2) an estimate of the annual cost to the to remain available until expended, to be obli- shall report to the Congress quarterly all trans- United States to administer the Agreement; gated from amounts made available in Public fers made pursuant to this authority. (3) an assessment of how the Agreement has Law 107–38. SEC. 302. Amounts in the ‘‘Support for Inter- influenced the policies of the People’s Republic national Sporting Competitions, Defense’’, may SECURITIES AND EXCHANGE COMMISSION of China toward scientific and technological co- be used to support essential security and safety SALARIES AND EXPENSES operation with the United States; for the 2002 Winter Olympic Games in Salt Lake For emergency expenses to respond to the Sep- (4) an analysis of the involvement of Chinese City, Utah, without the certification required tember 11, 2001, terrorist attacks on the United nuclear weapons and military missile specialists under subsection 10 U.S.C. 2564(a). Further, the States, for ‘‘Salaries and Expenses’’, $20,705,000, in the activities of the Joint Commission; term ‘‘active duty’’, in section 5802 of Public to remain available until expended, to be obli- (5) a determination of the extent to which the Law 104–208 shall include State active duty and gated from amounts made available in Public activities conducted under the Agreement have full-time National Guard duty performed by Law 107–38. enhanced the military and industrial base of the members of the Army National Guard and Air SMALL BUSINESS ADMINISTRATION People’s Republic of China, and an assessment National Guard in connection with providing of the impact of projected activities through essential security and safety support to the 2002 BUSINESS LOANS PROGRAM ACCOUNT 2010, including transfers of technology, on Chi- Winter Olympic Games and logistical and secu- For emergency expenses for disaster recovery na’s economic and military capabilities; and rity support to the 2002 Paralympic Games. activities and assistance related to the terrorist (6) recommendations on improving the moni- SEC. 303. Funds appropriated by this Act, or acts in New York, Virginia and Pennsylvania toring of the activities of the Commission by the made available by the transfer of funds in this on September 11, 2001, for ‘‘Business Loans Pro- Secretaries of Defense and State. Act, for intelligence activities are deemed to be gram Account’’, $75,000,000, to remain available The report shall be developed in consultation specifically authorized by the Congress for pur- until expended, to be obligated from amounts with the Secretaries of Commerce, Defense, and poses of section 504 of the National Security Act made available in Public Law 107–38. Energy, the Directors of the National Science of 1947 (50 U.S.C. 414). DISASTER LOANS PROGRAM ACCOUNT Foundation and the Federal Bureau of Inves- CHAPTER 4 For emergency expenses for disaster recovery tigation, and the intelligence community. activities and assistance related to the terrorist DISTRICT OF COLUMBIA CHAPTER 3 acts in New York, Virginia and Pennsylvania FEDERAL FUNDS DEPARTMENT OF DEFENSE on September 11, 2001, for ‘‘Disaster Loans Pro- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- gram Account’’, $75,000,000, to remain available OPERATION AND MAINTENANCE BIA FOR PROTECTIVE CLOTHING AND BREATH- until expended, to be obligated from amounts DEFENSE EMERGENCY RESPONSE FUND ING APPARATUS made available in Public Law 107–38. For emergency expenses to respond to the Sep- For a Federal payment to the District of Co- GENERAL PROVISIONS, THIS CHAPTER tember 11, 2001 terrorist attacks on the United lumbia for protective clothing and breathing ap- SEC. 201. For purposes of assistance available States, for ‘‘Defense Emergency Response paratus, to be obligated from amounts made under section 7(b)(2) and (4) of the Small Busi- Fund’’, $6,558,569,000, to remain available until available in Public Law 107–38 and to remain ness Act (15 U.S.C. 636(b)(2) and (4)) to small expended, to be obligated from amounts made available until September 30, 2003, $7,144,000, of business concerns located in disaster areas de- available by Public Law 107–38: Provided, That which $922,000 is for the Fire and Emergency

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.020 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12493 Medical Services Department, $4,269,000 is for available in Public Law 107–38 and to remain project and an automatic vehicle locator system, the Metropolitan Police Department, $1,500,000 available until September 30, 2003, for hospital and $16,900,000 shall be for increased employee is for the Department of Health, and $453,000 is containment facilities for the Department of and facility security. for the Department of Public Works. Health, $8,000,000. FEDERAL PAYMENT TO THE METROPOLITAN FEDERAL PAYMENT TO THE DISTRICT OF COLUM- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- WASHINGTON COUNCIL OF GOVERNMENTS BIA FOR SPECIALIZED HAZARDOUS MATERIALS BIA FOR THE OFFICE OF THE CHIEF TECH- For a Federal payment to the Metropolitan EQUIPMENT NOLOGY OFFICER Washington Council of Governments to enhance For a Federal payment to the District of Co- For a Federal payment to the District of Co- regional emergency preparedness, coordination lumbia for specialized hazardous materials lumbia, to be obligated from amounts made and response, $5,000,000, to be obligated from equipment, to be obligated from amounts made available in Public Law 107–38 and to remain amounts made available in Public Law 107–38 available in Public Law 107–38 and to remain available until September 30, 2003, for the Office and to remain available until September 30, available until September 30, 2003, $1,032,000, for of the Chief Technology Officer, $43,994,000, for 2003, of which $1,500,000 shall be used to con- the Fire and Emergency Medical Services De- a first response land-line and wireless interoper- tribute to the development of a comprehensive partment. ability project, of which $1,000,000 shall be used regional emergency preparedness, coordination FEDERAL PAYMENT TO THE DISTRICT OF COLUM- to initiate a comprehensive review, by a non- and response plan, $500,000 shall be used to de- BIA FOR CHEMICAL AND BIOLOGICAL WEAPONS vendor contractor, of the District’s current tech- velop a critical infrastructure threat assessment PREPAREDNESS nology-based systems and to develop a plan for model, $500,000 shall be used to develop and im- integrating the communications systems of the plement a regional communications plan, and For a Federal payment to the District of Co- District of Columbia Metropolitan Police and $2,500,000 shall be used to develop protocols and lumbia for chemical and biological weapons pre- Fire and Emergency Medical Services Depart- procedures for training and outreach exercises. paredness, to be obligated from amounts made ments with the systems of regional and federal available in Public Law 107–38 and to remain GENERAL PROVISIONS, THIS CHAPTER law enforcement agencies, including but not lim- available until September 30, 2003, $10,355,000, of SEC. 401. Notwithstanding any other provision ited to the United States Capitol Police, United which $205,000 is for the Fire and Emergency of law, the Chief Financial Officer of the Dis- States Park Police, United States Secret Service, Medical Services Department, $258,000 is for the trict of Columbia may transfer up to 5 percent of Federal Bureau of Investigation, Federal Pro- Metropolitan Police Department, and $9,892,000 the funds appropriated to the District of Colum- tective Service, and the Washington Metropoli- is for the Department of Health. bia in this chapter between these accounts: Pro- tan Area Transit Authority Police: Provided, vided, That no such transfer shall take place FEDERAL PAYMENT TO THE DISTRICT OF COLUM- That such plan shall be submitted to the Com- BIA FOR PHARMACEUTICALS FOR RESPONDERS unless the Chief Financial Officer of the District mittees on Appropriations of the Senate and the of Columbia notifies in writing the Committees For a Federal payment to the District of Co- House of Representatives no later than June 15, on Appropriations of the Senate and the House lumbia for pharmaceuticals for responders, to be 2002. of Representatives 30 days in advance of such obligated from amounts made available in Pub- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- transfer. lic Law 107–38 and to remain available until BIA FOR EMERGENCY TRAFFIC MANAGEMENT SEC. 402. The Chief Financial Officer of the September 30, 2003, $2,100,000, for the Depart- For a Federal payment to the District of Co- District of Columbia and the Chief Financial ment of Health. lumbia, to be obligated from amounts made Officer of the Washington Metropolitan Area FEDERAL PAYMENT TO THE DISTRICT OF COLUM- available in Public Law 107–38 and to remain Transit Authority shall provide quarterly re- BIA FOR RESPONSE AND COMMUNICATIONS CA- available until September 30, 2003, for emergency ports to the President and the Committees on PABILITY traffic management, $20,700,000, for the Depart- Appropriations of the Senate and the House of For a Federal payment to the District of Co- ment of Public Works Division of Transpor- Representatives on the use of the funds under lumbia for response and communications capa- tation, of which $14,000,000 is to upgrade traffic this chapter beginning no later than March 15, bility, to be obligated from amounts made avail- light controllers, $4,700,000 is to establish a 2002. able in Public Law 107–38 and to remain avail- video traffic monitoring system, and $2,000,000 is CHAPTER 5 able until September 30, 2003, $14,960,000, of to disseminate traffic information. DEPARTMENT OF DEFENSE—CIVIL which $7,755,000 is for the Fire and Emergency FEDERAL PAYMENT TO THE DISTRICT OF DEPARTMENT OF THE ARMY Medical Services Department, $5,855,000 is for COLUMBIA FOR TRAINING AND PLANNING the Metropolitan Police Department, $113,000 is CORPS OF ENGINEERS—CIVIL For a Federal payment to the District of Co- for the Department of Public Works Division of OPERATION AND MAINTENANCE, GENERAL lumbia, to be obligated from amounts made Transportation, $58,000 is for the Office of Prop- available in Public Law 107–38 and to remain For emergency expenses to respond to the Sep- erty Management, $60,000 is for the Department available until September 30, 2003, for training tember 11, 2001, terrorist attacks on the United of Public Works, $750,000 is for the Department and planning, $11,449,000, of which $4,400,000 is States, for ‘‘Operation and Maintenance, Gen- of Health, $309,000 is for the Department of for the Fire and Emergency Medical Services eral’’, $139,000,000, to remain available until ex- Human Services, and $60,000 is for the Depart- Department, $990,000 is for the Metropolitan Po- pended, to be obligated from amounts made ment of Parks and Recreation. lice Department, $1,200,000 is for the Department available in Public Law 107–38. FEDERAL PAYMENT TO THE DISTRICT OF COLUM- of Health, $200,000 is for the Office of the Chief DEPARTMENT OF THE INTERIOR BIA FOR SEARCH, RESCUE AND OTHER EMER- Medical Examiner, $1,500,000 is for the Emer- BUREAU OF RECLAMATION GENCY EQUIPMENT AND SUPPORT gency Management Agency, $500,000 is for the WATER AND RELATED RESOURCES For a Federal payment to the District of Co- Office of Property Management, $500,000 is for For emergency expenses to respond to the Sep- lumbia, to be obligated from amounts made the Department of Mental Health, $469,000 is for tember 11, 2001, terrorist attacks on the United available in Public Law 107–38 and to remain the Department of Consumer and Regulatory States, for ‘‘Water and Related Resources’’, available until September 30, 2003, for search, Affairs, $240,000 is for the Department of Public $30,259,000, to remain available until expended, rescue and other emergency equipment and sup- Works, $600,000 is for the Department of Human to be obligated from amounts made available in port, $8,850,000, of which $5,442,000 is for the Services, $100,000 is for the Department of Parks Public Law 107–38. Metropolitan Police Department, $208,000 is for and Recreation, $750,000 is for the Division of the Fire and Emergency Medical Services De- Transportation. DEPARTMENT OF ENERGY ATOMIC ENERGY DEFENSE ACTIVITIES partment, $398,500 is for the Department of Con- FEDERAL PAYMENT TO THE DISTRICT OF sumer and Regulatory Affairs, $1,178,500 is for COLUMBIA FOR INCREASED SECURITY NATIONAL NUCLEAR SECURITY ADMINISTRATION the Department of Public Works, $542,000 is for For a Federal payment to the District of Co- WEAPONS ACTIVITIES the Department of Human Services, and lumbia, to be obligated from amounts made For emergency expenses to respond to the Sep- $1,081,000 is for the Department of Mental available in Public Law 107–38 and to remain tember 11, 2001, terrorist attacks on the United Health. available until September 30, 2003, for increased States, and for other expenses to increase the se- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- facility security, $25,536,000, of which $3,900,000 curity of the Nation’s nuclear weapons complex, BIA FOR EQUIPMENT, SUPPLIES AND VEHICLES is for the Emergency Management Agency, for ‘‘Weapons Activities’’, $106,000,000, to re- FOR THE OFFICE OF THE CHIEF MEDICAL EX- $14,575,000 for the public schools, and $7,061,000 main available until expended, to be obligated AMINER for the Office of Property Management. from amounts made available in Public Law For a Federal payment to the District of Co- FEDERAL PAYMENT TO THE WASHINGTON 107–38. lumbia, to be obligated from amounts made METROPOLITAN AREA TRANSIT AUTHORITY OTHER DEFENSE RELATED ACTIVITIES available in Public Law 107–38 and to remain For a Federal payment to the Washington OTHER DEFENSE ACTIVITIES available until September 30, 2003, for equip- Metropolitan Area Transit Authority to meet re- For emergency expenses to respond to the Sep- ment, supplies and vehicles for the Office of the gion-wide security requirements, a contribution tember 11, 2001, terrorist attacks on the United Chief Medical Examiner, $1,780,000. of $39,100,000, to be obligated from amounts States, and for other expenses necessary to sup- FEDERAL PAYMENT TO THE DISTRICT OF COLUM- made available in Public Law 107–38 and to re- port activities related to countering potential bi- BIA FOR HOSPITAL CONTAINMENT FACILITIES main available until September 30, 2003, of ological threats to civilian populations, for FOR THE DEPARTMENT OF HEALTH which $5,000,000 shall be used for protective ‘‘Other Defense Activities’’, $3,500,000, to remain For a Federal payment to the District of Co- clothing and breathing apparatus, $17,200,000 available until expended, to be obligated from lumbia, to be obligated from amounts made shall be for completion of the fiber optic network amounts made available in Public Law 107–38.

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DEFENSE ENVIRONMENTAL RESTORATION AND States for ‘‘Training and employment services’’, Health Sciences’’ for carrying out activities set WASTE MANAGEMENT $32,500,000, to remain available until expended, forth in section 311(a) of the Comprehensive En- For emergency expenses to respond to the Sep- to be obligated from amounts made available in vironmental Response, Compensation, and Li- tember 11, 2001, terrorist attacks on the United Public Law 107–38: Provided, That such amount ability Act of 1980, $10,500,000, to remain avail- States, for ‘‘Defense Environmental Restoration shall be provided to the Consortium for Worker able until expended, to be obligated from and Waste Management’’, $8,200,000, to remain Education, established by the New York City amounts made available in Public Law 107–38. available until expended, to be obligated from Central Labor Council and the New York City OFFICE OF THE SECRETARY amounts made available in Public Law 107–38. Partnership, for an Emergency Employment PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY Clearinghouse. CHAPTER 6 FUND STATE UNEMPLOYMENT INSURANCE AND DEPARTMENT OF THE INTERIOR For emergency expenses to respond to the Sep- EMPLOYMENT SERVICE OPERATIONS NATIONAL PARK SERVICE tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- States, to provide grants to public entities, not- OPERATION OF THE NATIONAL PARK SYSTEM tember 11, 2001, terrorist attacks on the United for-profit entities, and Medicare and Medicaid For emergency expenses to respond to the Sep- States, for ‘‘State Unemployment Insurance and enrolled suppliers and institutional providers to tember 11, 2001, terrorist attacks on the United Employment Service Operations’’, $4,100,000, to reimburse for health care related expenses or States, for ‘‘Operation of the National Park Sys- remain available until expended, to be obligated lost revenues directly attributable to the public tem’’, $10,098,000, to remain available until ex- from amounts made available in Public Law health emergency resulting from the September pended, to be obligated from amounts made 107–38. available in Public Law 107–38. 11, 2001, terrorist acts, for ‘‘Public Health and WORKERS COMPENSATION PROGRAMS Social Services Emergency Fund’’, $140,000,000, UNITED STATES PARK POLICE For emergency expenses to respond to the Sep- to remain available until expended, to be obli- For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United gated from amounts made available in Public tember 11, 2001, terrorist attacks on the United States, for ‘‘Workers Compensation Programs’’, Law 107–38: Provided, That none of the costs States, for ‘‘United States Park Police’’, $175,000,000, to remain available until expended, have been reimbursed or are eligible for reim- $25,295,000, to remain available until expended, to be obligated from amounts made available in bursement from other sources. to be obligated from amounts made available in Public Law 107–38: Provided, That, of such DEPARTMENT OF EDUCATION Public Law 107–38. amount, $125,000,000 shall be for payment to the OFFICE OF ELEMENTARY AND SECONDARY CONSTRUCTION New York State Workers Compensation Review EDUCATION For emergency expenses to respond to the Sep- Board, for the processing of claims related to the tember 11, 2001, terrorist attacks on the United terrorist attacks: Provided further, That, of SCHOOL IMPROVEMENT PROGRAMS States, for ‘‘Construction’’, $21,624,000, to re- such amount, $25,000,000 shall be for payment to For emergency expenses to respond to the Sep- main available until expended, to be obligated the New York State Uninsured Employers Fund, tember 11, 2001, terrorist attacks on the United from amounts made available in Public Law for reimbursement of claims related to the ter- States, for ‘‘School Improvement Programs’’, for 107–38. rorist attacks: Provided further, That, of such the Project School Emergency Response to Vio- DEPARTMENTAL OFFICES amount, $25,000,000 shall be for payment to the lence program, $10,000,000, to be obligated from DEPARTMENTAL MANAGEMENT New York State Uninsured Employers Fund, for amounts made available in Public Law 107–38. reimbursement of claims related to the first re- SALARIES AND EXPENSES RELATED AGENCIES sponse emergency services personnel who were For emergency expenses to respond to the Sep- SOCIAL SECURITY ADMINISTRATION injured, were disabled, or died due to the ter- tember 11, 2001, terrorist attacks on the United rorist attacks. LIMITATION ON ADMINISTRATIVE EXPENSES States, for ‘‘Salaries and Expenses’’, $2,205,000, For emergency expenses to respond to the Sep- PENSION AND WELFARE BENEFITS to remain available until expended, to be obli- tember 11, 2001, terrorist attacks on the United ADMINISTRATION gated from amounts made available in Public States, for ‘‘Limitation on Administrative Ex- Law 107–38, for the working capital fund of the SALARIES AND EXPENSES penses’’, $7,500,000, to remain available until ex- Department of the Interior. For emergency expenses to respond to the Sep- pended, to be obligated from amounts made RELATED AGENCIES tember 11, 2001, terrorist attacks on the United available in Public Law 107–38. States, for ‘‘Salaries and Expenses’’, $1,600,000, SMITHSONIAN INSTITUTION NATIONAL LABOR RELATIONS BOARD to remain available until expended, to be obli- SALARIES AND EXPENSES gated from amounts made available in Public SALARIES AND EXPENSES For emergency expenses to respond to the Sep- Law 107–38. For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United OCCUPATIONAL SAFETY AND HEALTH tember 11, 2001, terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $21,707,000, ADMINISTRATION States, for ‘‘Salaries and Expenses’’, $180,000, to to remain available until expended, to be obli- remain available until expended, to be obligated gated from amounts made available in Public SALARIES AND EXPENSES from amounts made available in Public Law Law 107–38. For emergency expenses to respond to the Sep- 107–38. tember 11, 2001, terrorist attacks on the United NATIONAL GALLERY OF ART States, for ‘‘Salaries and Expenses’’, $1,000,000, CHAPTER 8 SALARIES AND EXPENSES to remain available until expended, to be obli- LEGISLATIVE BRANCH For emergency expenses to respond to the Sep- gated from amounts made available in Public JOINT ITEMS tember 11, 2001, terrorist attacks on the United Law 107–38. States, for ‘‘Salaries and Expenses’’, $2,148,000, LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND DEPARTMENTAL MANAGEMENT to remain available until expended, to be obli- (INCLUDING TRANSFER OF FUNDS) gated from amounts made available in Public SALARIES AND EXPENSES For emergency expenses to respond to the ter- Law 107–38. For emergency expenses to respond to the Sep- rorist attacks on the United States, $256,081,000, tember 11, 2001, terrorist attacks on the United JOHN F. KENNEDY CENTER FOR THE PERFORMING to remain available until expended, to be obli- States, for ‘‘Salaries and Expenses’’, $5,880,000, ARTS gated from amounts made available in Public to remain available until expended, to be obli- Law 107–38: Provided, That $34,500,000 shall be OPERATIONS AND MAINTENANCE gated from amounts made available in Public transferred to the ‘‘SENATE’’, ‘‘Sergeant at For emergency expenses to respond to the Sep- Law 107–38. Arms and Doorkeeper of the Senate’’ and shall tember 11, 2001, terrorist attacks on the United DEPARTMENT OF HEALTH AND HUMAN be obligated with the prior approval of the Sen- States, for ‘‘Operations and Maintenance’’, SERVICES ate Committee on Appropriations: Provided fur- $4,310,000, to remain available until expended, ther, That $40,712,000 shall be transferred to to be obligated from amounts made available in CENTERS FOR DISEASE CONTROL AND ‘‘HOUSE OF REPRESENTATIVES’’, ‘‘Salaries Public Law 107–38. PREVENTION and Expenses’’ and shall be obligated with the DISEASE CONTROL, RESEARCH, AND TRAINING NATIONAL CAPITAL PLANNING COMMISSION prior approval of the House Committee on Ap- For emergency expenses to respond to the Sep- SALARIES AND EXPENSES propriations: Provided further, That the remain- tember 11, 2001, terrorist attacks on the United ing balance of $180,869,000 shall be transferred For emergency expenses to respond to the Sep- States for ‘‘Disease control, research, and train- to the Capitol Police Board, which shall trans- tember 11, 2001, terrorist attacks on the United ing’’ for baseline safety screening for the emer- fer to the affected entities in the Legislative States, for ‘‘Salaries and Expenses’’, $758,000, to gency services personnel and rescue and recov- Branch such amounts as are approved by the remain available until expended, to be obligated ery personnel, $12,000,000, to remain available House and Senate Committees on Appropria- from amounts made available in Public Law until expended, to be obligated from amounts tions: Provided further, That any Legislative 107–38. made available in Public Law 107–38. CHAPTER 7 Branch entity receiving funds pursuant to the NATIONAL INSTITUTES OF HEALTH Emergency Response Fund established by Public DEPARTMENT OF LABOR NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH Law 107–38 (without regard to whether the EMPLOYMENT AND TRAINING ADMINISTRATION SCIENCES funds are provided under this chapter or pursu- TRAINING AND EMPLOYMENT SERVICES For emergency expenses to respond to the Sep- ant to any other provision of law) may transfer For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United any funds provided to the entity to any other tember 11, 2001, terrorist attacks on the United States for ‘‘National Institute of Environmental Legislative Branch entity receiving funds under

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.021 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12495 Public Law 107–38 in an amount equal to that essary to carry out the terms of the memo- Capitol Police Board, deputize members of the required to provide support for security en- randum of understanding. National Guard (while in the performance of hancements, subject to the approval of the Com- (b) The Sergeant at Arms of the Senate may Federal or State service), members of compo- mittees on Appropriations of the House of Rep- enter into a memorandum of understanding de- nents of the Armed Forces other than the Na- resentatives and Senate. scribed in subsection (a)(1) consistent with the tional Guard, and Federal, State or local law SENATE Senate Procurement Regulations. enforcement officers as may be necessary to ad- ADMINISTRATIVE PROVISIONS (c) This section shall apply with respect to fis- dress that emergency. Any person deputized cal year 2002 and each succeeding fiscal year. under this section shall possess all the powers SEC. 801. (a) ACQUISITION OF BUILDINGS AND and privileges and may perform all duties of a FACILITIES.—Notwithstanding any other provi- OTHER LEGISLATIVE BRANCH member or officer of the Capitol Police. sion of law, in order to respond to an emergency ADMINISTRATIVE PROVISIONS (b) The Capitol Police Board may promulgate situation, the Sergeant at Arms of the Senate SEC. 803. (a) Section 1(c) of Public Law 96–152 regulations, as determined necessary, to carry may acquire buildings and facilities, subject to (40 U.S.C. 206–1) is amended by striking ‘‘but out provisions of this section. the availability of appropriations, for the use of not to exceed’’ and all that follows and insert- (c) This section shall apply to fiscal year 2002 the Senate, as appropriate, by lease, purchase, ing the following: ‘‘but not to exceed $2,500 less and each fiscal year thereafter. or such other arrangement as the Sergeant at than the lesser of the annual salary for the Ser- SEC. 806. (a) Notwithstanding any other provi- Arms of the Senate considers appropriate (in- geant at Arms of the House of Representatives sion of law, the United States Capitol Preserva- cluding a memorandum of understanding with or the annual salary for the Sergeant at Arms tion Commission established under section 801 of the head of an Executive Agency, as defined in and Doorkeeper of the Senate.’’. the Arizona-Idaho Conservation Act of 1988 (40 section 105 of title 5, United States Code, in the (b) The Assistant Chief of the Capitol Police U.S.C. 188a) may transfer to the Architect of the case of a building or facility under the control shall receive compensation at a rate determined Capitol amounts in the Capitol Preservation of such Agency). Actions taken by the Sergeant by the Capitol Police Board, but not to exceed Fund established under section 803 of such Act at Arms of the Senate must be approved by the $1,000 less than the annual salary for the chief (40 U.S.C. 188a–2) if the amounts are to be used Committees on Appropriations and Rules and of the United States Capitol Police. by the Architect for the planning, engineering, Administration. (c) This section and the amendment made by design, or construction of the Capitol Visitor (b) AGREEMENTS.—Notwithstanding any other this section shall apply with respect to pay peri- Center. provision of law, for purposes of carrying out ods beginning on or after the date of the enact- (b) Any amounts transferred pursuant to sub- subsection (a), the Sergeant at Arms of the Sen- ment of this Act. section (a) shall remain available for the use of ate may carry out such activities and enter into SEC. 804. (a) ASSISTANCE FOR CAPITOL POLICE the Architect of the Capitol until expended. such agreements related to the use of any build- FROM EXECUTIVE DEPARTMENTS AND AGEN- (c) This section shall apply with respect to fis- ing or facility acquired pursuant to such sub- CIES.—Notwithstanding any other provision of cal year 2002 and each succeeding fiscal year. section as the Sergeant at Arms of the Senate law, Executive departments and Executive agen- CHAPTER 9 considers appropriate, including— cies may assist the United States Capitol Police (1) agreements with the United States Capitol in the same manner and to the same extent as MILITARY CONSTRUCTION Police or any other entity relating to the polic- such departments and agencies assist the United MILITARY CONSTRUCTION, DEFENSE-WIDE ing of such building or facility; and States Secret Service under section 6 of the Pres- For emergency expenses to respond to the Sep- (2) agreements with the Architect of the Cap- idential Protection Assistance Act of 1976 (18 tember 11, 2001, terrorist attacks on the United itol or any other entity relating to the care and U.S.C. 3056 note), except as may otherwise be States, for ‘‘Military Construction, Defense- maintenance of such building or facility. provided in this section. wide’’, $510,000,000 to remain available until ex- (c) AUTHORITY OF CAPITOL POLICE AND AR- (b) TERMS OF ASSISTANCE.—Assistance under pended, to be obligated from amounts made CHITECT.— this section shall be provided— (1) ARCHITECT OF THE CAPITOL.—Notwith- available in Public Law 107–38: Provided, That (1) consistent with the authority of the Cap- standing any other provision of law, the Archi- of such amount, $35,000,000 shall be available itol Police under sections 9 and 9A of the Act of tect of the Capitol may take any action nec- for transfer to ‘‘Military Construction, Army’’. July 31, 1946 (40 U.S.C. 212a and 212a–2); essary to carry out an agreement entered into MILITARY CONSTRUCTION, ARMY (2) upon the advance written request of— with the Sergeant at Arms of the Senate pursu- (A) the Chairman of the Capitol Police Board, For emergency expenses to respond to the Sep- ant to subsection (b). or tember 11, 2001, terrorist attacks on the United (2) CAPITOL POLICE.—Section 9 of the Act of (B) in the absence of the Chairman of the States, for ‘‘Military Construction, Army’’, July 31, 1946 (40 U.S.C. 212a) is amended— $20,700,000 to remain available until expended, (A) by striking ‘‘The Capitol Police’’ and in- Capitol Police Board— (i) the Sergeant at Arms and Doorkeeper of to be obligated from amounts made available in serting ‘‘(a) The Capitol Police’’; and Public Law 107–38. (B) by adding at the end the following new the Senate, in the case of any matter relating to MILITARY CONSTRUCTION, NAVY subsection: the Senate; or ‘‘(b) For purposes of this section, ‘the United (ii) the Sergeant at Arms of the House of Rep- For emergency expenses to respond to the Sep- States Capitol Buildings and Grounds’ shall in- resentatives, in the case of any matter relating tember 11, 2001, terrorist attacks on the United clude any building or facility acquired by the to the House; and States, for ‘‘Military Construction, Navy’’, Sergeant at Arms of the Senate for the use of (3) either— $2,000,000 to remain available until expended, to the Senate for which the Sergeant at Arms of (A) on a temporary and non-reimbursable be obligated from amounts made available in the Senate has entered into an agreement with basis, Public Law 107–38. (B) on a temporary and reimbursable basis, or the United States Capitol Police for the policing MILITARY CONSTRUCTION, AIR FORCE of the building or facility.’’. (C) on a permanent reimbursable basis upon advance written request of the Chairman of the For emergency expenses to respond to the Sep- (d) TRANSFER OF CERTAIN FUNDS.—Subject to tember 11, 2001, terrorist attacks on the United the approval of the Committee on Appropria- Capitol Police Board. (c) REPORTS ON EXPENDITURES FOR ASSIST- States, for ‘‘Military Construction, Air Force’’, tions of the Senate, the Architect of the Capitol $47,700,000 to remain available until expended, may transfer to the Sergeant at Arms of the Sen- ANCE.— (1) REPORTS.—With respect to any fiscal year to be obligated from amounts made available in ate amounts made available to the Architect for Public Law 107–38. necessary expenses for the maintenance, care in which an Executive department or Executive GENERAL PROVISIONS, THIS CHAPTER and operation of the Senate office buildings agency provides assistance under this section, during a fiscal year in order to cover any por- the head of that department or agency shall SEC. 901. (a) AVAILABILITY OF AMOUNTS FOR tion of the costs incurred by the Sergeant at submit a report not later than 30 days after the MILITARY CONSTRUCTION RELATING TO TER- Arms of the Senate during the year in acquiring end of the fiscal year to the Chairman of the RORISM.—Amounts made available to the De- a building or facility pursuant to subsection (a). Capitol Police Board. partment of Defense from funds appropriated in (e) EFFECTIVE DATE.—This section and the (2) CONTENTS.—The report submitted under Public Law 107–38 and this Act may be used to amendments made by this section shall apply paragraph (1) shall contain a detailed account carry out military construction projects, not with respect to fiscal year 2002 and each suc- of all expenditures made by the Executive de- otherwise authorized by law, that the Secretary ceeding fiscal year. partment or Executive agency in providing as- of Defense determines are necessary to respond SEC. 802. (a) Notwithstanding any other provi- sistance under this section during the applicable to or protect against acts or threatened acts of sion of law— fiscal year. terrorism. (1) subject to subsection (b), the Sergeant at (3) SUMMARY OF REPORTS.—After receipt of all (b) NOTICE TO CONGRESS.—Not later than 15 Arms of the Senate and the head of an Execu- reports under paragraph (2) with respect to any days before obligating amounts available under tive Agency (as defined in section 105 of title 5, fiscal year, the Chairman of the Capitol Police subsection (a) for military construction projects United States Code) may enter into a memo- Board shall submit a summary of such reports to referred to in that subsection the Secretary shall randum of understanding under which the the Committees on Appropriations of the Senate notify the appropriate committees of Congress Agency may provide facilities, equipment, sup- and the House of Representatives. the following: plies, personnel, and other support services for (d) EFFECTIVE DATE.—This section shall apply (1) The determination to use such amounts for the use of the Senate during an emergency situ- with respect to fiscal year 2002 and each suc- the project. ation; and ceeding fiscal year. (2) The estimated cost of the project. (2) the Sergeant at Arms of the Senate and the SEC. 805. (a) The Chief of the Capitol Police (c) APPROPRIATE COMMITTEES OF CONGRESS head of the Agency may take any action nec- may, upon any emergency as determined by the DEFINED.—In this section the term ‘‘appropriate

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committees of Congress’’ has the meaning given States, for ‘‘Emergency Relief Program’’, as au- FINANCIAL CRIMES ENFORCEMENT NETWORK that term in section 2801 (4) of title 10, United thorized by section 125 of title 23, United States SALARIES AND EXPENSES States Code. Code, $75,000,000, to be derived from the High- For emergency expenses to respond to the Sep- SEC. 902. Notwithstanding section 2808(a) of way Trust Fund and to remain available until tember 11, 2001, terrorist attacks on the United title 10, United States Code, the Secretary of De- expended, to be obligated from amounts made fense may not utilize the authority in that sec- States, for ‘‘Salaries and Expenses’’, $1,700,000, available in Public Law 107–38. to remain available until expended, to be obli- tion to undertake or authorize the undertaking FEDERAL RAILROAD ADMINISTRATION of, any military construction project described gated from amounts made available in Public by that section using amounts appropriated or SAFETY AND OPERATIONS Law 107–38. otherwise made available by the Military Con- For emergency expenses to respond to the Sep- FEDERAL LAW ENFORCEMENT TRAINING CENTER struction Appropriations Act, 2002, or any act tember 11, 2001, terrorist attacks on the United States, for ‘‘Safety and Operations’’, $6,000,000, SALARIES AND EXPENSES appropriating funds for Military Construction For emergency expenses to respond to the Sep- for a fiscal year before fiscal year 2002. to remain available until expended, to be obli- gated from amounts made available in Public tember 11, 2001, terrorist attacks on the United CHAPTER 10 Law 107–38. States, for ‘‘Salaries and Expenses’’, $22,846,000, DEPARTMENT OF TRANSPORTATION CAPITAL GRANTS TO THE NATIONAL RAILROAD to remain available until expended, to be obli- OFFICE OF THE SECRETARY PASSENGER CORPORATION gated from amounts made available in Public SALARIES AND EXPENSES For emergency expenses to respond to the Sep- Law 107–38. For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United FINANCIAL MANAGEMENT SERVICE tember 11, 2001, terrorist attacks on the United States, for necessary expenses of capital im- SALARIES AND EXPENSES States, for ‘‘Salaries and Expenses’’, for the Of- provements of the National Railroad Passenger For emergency expenses to respond to the Sep- fice of Intelligence and Security, $1,500,000, to Corporation as authorized by 49 U.S.C. 24104(a), tember 11, 2001, terrorist attacks on the United remain available until expended, to be obligated $100,000,000, to remain available until expended, States, for ‘‘Salaries and Expenses’’, $600,000, to from amounts made available in Public Law and to be obligated from amounts made avail- remain available until expended, to be obligated 107–38. able in Public Law 107–38. from amounts made available in Public Law PAYMENTS TO AIR CARRIERS FEDERAL TRANSIT ADMINISTRATION 107–38. (AIRPORT AND AIRWAY TRUST FUND) FORMULA GRANTS BUREAU OF ALCOHOL, TOBACCO AND FIREARMS For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- SALARIES AND EXPENSES tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- States, in addition to funds made available from States, for ‘‘Formula Grants’’, $23,500,000, to re- tember 11, 2001, terrorist attacks on the United any other source to carry out the essential air main available until expended, to be obligated States, for ‘‘Salaries and Expenses’’, $31,431,000, service program under 49 U.S.C. 41731 through from amounts made available in Public Law to remain available until expended, to be obli- 41742, to be derived from the Airport and Airway 107–38. Trust Fund, $57,000,000, to remain available gated from amounts made available in Public CAPITAL INVESTMENT GRANTS until expended, to be obligated from amounts Law 107–38. For emergency expenses to respond to the Sep- made available in Public Law 107–38. tember 11, 2001, terrorist attacks on the United UNITED STATES CUSTOMS SERVICE COAST GUARD States, for ‘‘Capital Investment Grants’’, SALARIES AND EXPENSES OPERATING EXPENSES $100,000,000, to be obligated from amounts made For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- available in Public Law 107–38: Provided, That tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United in administering funds made available under States, for ‘‘Salaries and Expenses’’, States, for ‘‘Operating Expenses’’, $273,350,000, this paragraph, the Federal Transit Adminis- $127,603,000, to remain available until expended, to remain available until September 30, 2003, to trator shall direct funds to those transit agen- to be obligated from amounts made available in be obligated from amounts made available in cies most severely impacted by the terrorist at- Public Law 107–38; of this amount, not less than Public Law 107–38. tacks of September 11, 2001, excluding any tran- $21,000,000 shall be available for increased staff- FEDERAL AVIATION ADMINISTRATION sit agency receiving a Federal payment else- ing to combat terrorism along the Nation’s bor- OPERATIONS where in this Act: Provided further, That the ders. (AIRPORT AND AIRWAY TRUST FUND) provisions of 49 U.S.C. 5309(h) shall not apply to OPERATION, MAINTENANCE AND PROCUREMENT, For emergency expenses to respond to the Sep- funds made available under this paragraph. AIR AND MARINE INTERDICTION PROGRAMS tember 11, 2001, terrorist attacks on the United RESEARCH AND SPECIAL PROGRAMS For emergency expenses to respond to the Sep- States, for ‘‘Operations’’, $300,000,000, to be de- ADMINISTRATION tember 11, 2001, terrorist attacks on the United rived from the Airport and Airway Trust Fund RESEARCH AND SPECIAL PROGRAMS States, for ‘‘Operation, Maintenance and Pro- and to remain available until September 30, For emergency expenses to respond to the Sep- curement, Air and Marine Interdiction Pro- 2003, to be obligated from amounts made avail- tember 11, 2001, terrorist attacks on the United grams’’, $6,700,000, to remain available until ex- able in Public Law 107–38. States, for ‘‘Research and Special Programs’’, pended, to be obligated from amounts made FACILITIES AND EQUIPMENT $6,000,000, to remain available until expended, available in Public Law 107–38. (AIRPORT AND AIRWAY TRUST FUND) to be obligated from amounts made available in INTERNAL REVENUE SERVICE For emergency expenses to respond to the Sep- Public Law 107–38. PROCESSING, ASSISTANCE AND MANAGEMENT tember 11, 2001, terrorist attacks on the United OFFICE OF INSPECTOR GENERAL For emergency expenses to respond to the Sep- States, for ‘‘Facilities and Equipment’’, SALARIES AND EXPENSES $108,500,000, to be derived from the Airport and tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- States, for ‘‘Processing, Assistance and Manage- Airway Trust Fund and to remain available tember 11, 2001, terrorist attacks on the United until expended, to be obligated from amounts ment’’, $16,658,000, to remain available until ex- States and for other safety and security related pended, to be obligated from amounts made made available in Public Law 107–38. audit and monitoring responsibilities, for ‘‘Sala- RESEARCH, ENGINEERING, AND DEVELOPMENT available by Public Law 107–38. ries and Expenses’’, $2,000,000, to remain avail- TAX LAW ENFORCEMENT (AIRPORT AND AIRWAY TRUST FUND) able until expended, to be obligated from For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- amounts made available in Public Law 107–38. tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United RELATED AGENCY States, for ‘‘Research, Engineering, and Devel- States, for ‘‘Tax Law Enforcement’’, $4,544,000, opment’’, $12,000,000, to be derived from the Air- NATIONAL TRANSPORTATION SAFETY BOARD to remain available until expended, to be obli- port and Airway Trust Fund, to be obligated SALARIES AND EXPENSES gated from amounts made available by Public from amounts made available in Public Law For emergency expenses to respond to the Sep- Law 107–38. 107–38. tember 11, 2001, terrorist attacks on the United INFORMATION SYSTEMS FEDERAL HIGHWAY ADMINISTRATION States, for ‘‘Salaries and Expenses’’, $836,000, to For emergency expenses to respond to the Sep- remain available until expended, to be obligated MISCELLANEOUS APPROPRIATIONS tember 11, 2001, terrorist attacks on the United from amounts made available in Public Law For emergency expenses to respond to the Sep- States, for ‘‘Information Systems’’, $15,991,000, 107–38. tember 11, 2001, terrorist attacks on the United to remain available until expended, to be obli- States, for ‘‘Miscellaneous Appropriations’’, in- CHAPTER 11 gated from amounts made available by Public cluding the operation and construction of ferrys DEPARTMENT OF THE TREASURY Law 107–38. and ferry facilities, $110,000,000, to remain avail- INSPECTOR GENERAL FOR TAX ADMINISTRATION UNITED STATES SECRET SERVICE able until expended, to be obligated from SALARIES AND EXPENSES SALARIES AND EXPENSES amounts made available in Public Law 107–38. For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- FEDERAL-AID HIGHWAYS tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United EMERGENCY RELIEF PROGRAM States, for ‘‘Salaries and Expenses’’, $2,032,000, States, for ‘‘Salaries and Expenses’’, (HIGHWAY TRUST FUND) to remain available until expended, to be obli- $104,769,000, to remain available until expended, For emergency expenses to respond to the Sep- gated from amounts made available by Public to be obligated from amounts made available in tember 11, 2001, terrorist attacks on the United Law 107–38. Public Law 107–38.

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EXECUTIVE OFFICE OF THE PRESIDENT MANAGEMENT AND ADMINISTRATION CHAPTER 13 OFFICE OF ADMINISTRATION OFFICE OF INSPECTOR GENERAL GENERAL PROVISIONS, THIS DIVISION SALARIES AND EXPENSES For emergency expenses to respond to the Sep- SEC. 1301. Amounts which may be obligated For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United pursuant to this division are subject to the terms tember 11, 2001, terrorist attacks on the United States, for ‘‘Office of Inspector General’’, and conditions provided in Public Law 107–38. States, for ‘‘Salaries and Expenses’’, $29,193,000, $1,000,000, to remain available until expended, SEC. 1302. No part of any appropriation con- to remain available until expended, to be obli- to be obligated from amounts made available in tained in this division shall remain available for gated from amounts made available in Public Public Law 107–38. obligation beyond the current fiscal year unless Law 107–38. INDEPENDENT AGENCIES expressly so provided herein. This division may be cited as the ‘‘Emergency ENVIRONMENTAL PROTECTION AGENCY INDEPENDENT AGENCIES Supplemental Act, 2002’’. SCIENCE AND TECHNOLOGY GENERAL SERVICES ADMINISTRATION DIVISION C—ADDITIONAL SUPPLEMENTAL For emergency expenses to respond to the Sep- REAL PROPERTY ACTIVITIES APPROPRIATIONS tember 11, 2001, terrorist attacks on the United FEDERAL BUILDING FUND States, and to support activities related to coun- TITLE I—HOMELAND DEFENSE For emergency expenses to respond to the Sep- tering terrorism, for ‘‘Science and Technology’’, CHAPTER 1 tember 11, 2001, terrorist attacks on the United $41,514,000, to remain available until expended, DEPARTMENT OF AGRICULTURE States, for ‘‘Federal Buildings Fund’’, to be obligated from amounts made available in OFFICE OF THE SECRETARY $126,500,000, to remain available until expended, Public Law 107–38. For an additional amount for ‘‘Office of the to be obligated from amounts made available in ENVIRONMENTAL PROGRAMS AND MANAGEMENT Public Law 107–38. Secretary’’, $76,000,000. For emergency expenses to respond to the Sep- AGRICULTURAL RESEARCH SERVICE NATIONAL ARCHIVES AND RECORDS tember 11, 2001, terrorist attacks on the United SALARIES AND EXPENSES ADMINISTRATION States, and to support activities related to coun- For an additional amount for ‘‘Salaries and OPERATING EXPENSES tering terrorism, for ‘‘Environmental Programs Expenses’’, $60,000,000. For emergency expenses to respond to the Sep- and Management’’, $32,194,000, to remain avail- BUILDINGS AND FACILITIES tember 11, 2001, terrorist attacks on the United able until expended, to be obligated from For an additional amount for ‘‘Buildings and States, for ‘‘Operating Expenses’’, $4,818,000, to amounts made available in Public Law 107–38. Facilities’’, $150,000,000, to remain available remain available until expended, to be obligated HAZARDOUS SUBSTANCE SUPERFUND until September 30, 2003. from amounts made available in Public Law For emergency expenses to respond to the Sep- 107–38. tember 11, 2001, terrorist attacks on the United COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE REPAIRS AND RESTORATION States, and to support activities related to coun- For emergency expenses to respond to the Sep- tering terrorism, for ‘‘Hazardous Substance RESEARCH AND EDUCATION tember 11, 2001, terrorist attacks on the United Superfund’’, $18,292,000, to remain available For an additional amount for ‘‘Research and States, for ‘‘Repairs and Restoration’’, until expended, to be obligated from amounts Education’’, $50,000,000. $2,180,000, to remain available until expended, made available in Public Law 107–38. ANIMAL AND PLANT HEALTH INSPECTION SERVICE to be obligated from amounts made available in STATE AND TRIBAL ASSISTANCE GRANTS SALARIES AND EXPENSES Public Law 107–38. For making grants for emergency expenses to (INCLUDING TRANSFER OF FUNDS) CHAPTER 12 respond to the September 11, 2001, terrorist at- For an additional amount for ‘‘Salaries and tacks on the United States, and to support ac- DEPARTMENT OF VETERANS AFFAIRS Expenses’’, $90,000,000, of which $50,000,000 may tivities related to countering potential biological be transferred and merged with the Agriculture CONSTRUCTION, MAJOR PROJECTS and chemical threats to populations, for ‘‘State Quarantine Inspection User Fee Account. For emergency expenses to respond to the Sep- and Tribal Assistance Grants’’, $5,000,000, to re- BUILDINGS AND FACILITIES tember 11, 2001, terrorist attacks on the United main available until expended, to be obligated For an additional amount for ‘‘Buildings and States, for ‘‘Construction, Major Projects’’, from amounts made available in Public Law Facilities’’, $14,081,000, to remain available until $2,000,000, to remain available until expended, 107–38. September 30, 2003. to be obligated from amounts made available in FEDERAL EMERGENCY MANAGEMENT AGENCY Public Law 107–38. FOOD SAFETY AND INSPECTION SERVICE DISASTER RELIEF DEPARTMENT OF HOUSING AND URBAN For an additional amount for ‘‘Food Safety For disaster recovery activities and assistance and Inspection Service’’, $15,000,000. DEVELOPMENT related to the terrorist attacks in New York, Vir- DEPARTMENT OF HEALTH AND HUMAN COMMUNITY PLANNING AND DEVELOPMENT ginia, and Pennsylvania on September 11, 2001, SERVICES COMMUNITY DEVELOPMENT FUND for ‘‘Disaster Relief’’, $5,822,722,000, to remain FOOD AND DRUG ADMINISTRATION For emergency expenses to respond to the Sep- available until expended, to be obligated from tember 11, 2001, terrorist attacks on the United amounts made available in Public Law 107–38. SALARIES AND EXPENSES States, for ‘‘Community development fund’’, SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and $2,000,000,000, to remain available until ex- For emergency expenses to respond to the Sep- Expenses’’, $120,000,000. pended, to be obligated from amounts made tember 11, 2001, terrorist attacks on the United CHAPTER 2 available in Public Law 107–38: Provided, That States, for ‘‘Salaries and Expenses’’, $30,000,000, DEPARTMENT OF JUSTICE to remain available until expended, for the Of- such funds shall be subject to the first through GENERAL ADMINISTRATION fice of National Preparedness, to be obligated sixth provisos in section 434 of Public Law 107– PATRIOT ACT ACTIVITIES 73: Provided further, That within 45 days of en- from amounts made available in Public Law 107–38. For an additional amount to respond to the actment, the State of New York, in conjunction September 11, 2001, terrorist attacks on the with the City of New York, shall establish a cor- NATIONAL AERONAUTICS AND SPACE United States, for ‘‘Patriot Act Activities’’, poration for the obligation of the funds provided ADMINISTRATION $75,000,000, to remain available until September under this heading, issue the initial criteria and HUMAN SPACE FLIGHT 30, 2003, for implementation of such enhance- requirements necessary to accept applications For emergency expenses to respond to the Sep- ments to the Federal Bureau of Investigation as from individuals, nonprofits and small busi- tember 11, 2001, terrorist attacks on the United are deemed necessary by the study required nesses for economic losses from the September States, for ‘‘Human Space Flight’’, $64,500,000, under chapter 2 of division B of this Act: Pro- 11, 2001, terrorist attacks, and begin processing to remain available until expended, to be obli- vided, That funding for the implementation of such applications: Provided further, That the gated from amounts made available in Public such enhancements shall be treated as a re- corporation shall respond to any application Law 107–38. programming under section 605 of Public Law from an individual, nonprofit or small business SCIENCE, AERONAUTICS AND TECHNOLOGY 107–77 and shall not be available for obligation for economic losses under this heading within 45 For emergency expenses to respond to the Sep- or expenditure except in compliance with the days of the submission of an application for tember 11, 2001, terrorist attacks on the United procedures set forth in that section. funding: Provided further, That individuals, States, for ‘‘Science, Aeronautics and Tech- nonprofits or small businesses shall be eligible LEGAL ACTIVITIES nology’’, $28,600,000, to remain available until for compensation only if located in New York SALARIES AND EXPENSES, GENERAL LEGAL expended, to be obligated from amounts made City in the area located on or south of Canal ACTIVITIES available in Public Law 107–38. Street, on or south of East Broadway (east of its For an additional amount to respond to the intersection with Canal Street), or on or south NATIONAL SCIENCE FOUNDATION September 11, 2001, terrorist attacks on the of Grand Street (east of its intersection with RESEARCH AND RELATED ACTIVITIES United States, for ‘‘Salaries and Expenses, Gen- East Broadway): Provided further, That, of the For emergency expenses to respond to the Sep- eral Legal Activities’’, $15,000,000, to remain amount made available under this heading, no tember 11, 2001, terrorist attacks on the United available until September 30, 2003. less than $500,000,000 shall be made available for States, for ‘‘Research and Related Activities’’, SALARIES AND EXPENSES, UNITED STATES individuals, nonprofits or small businesses de- $300,000, to remain available until expended, to MARSHALS SERVICE scribed in the prior three provisos with a limit of be obligated from amounts made available in For an additional amount to respond to the $500,000 per small business for economic losses. Public Law 107–38. September 11, 2001, terrorist attacks on the

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.021 pfrm04 PsN: S06PT1 S12498 CONGRESSIONAL RECORD — SENATE December 6, 2001 United States, for ‘‘Salaries and Expenses, as authorized by the Merchant Marine Act, oratory security at the National Institutes of United States Marshals Service’’, $5,875,000, to 1936, $12,000,000, to remain available until Sep- Health and the Centers for Disease Control and remain available until September 30, 2003. tember 30, 2003: Provided, That such costs, in- Prevention. At the discretion of the Secretary, In addition, for an additional amount to re- cluding the cost of modifying such loans, shall these amounts may be transferred between cat- spond to the September 11, 2001, terrorist attacks be as defined in section 502 of the Congressional egories subject to normal reprogramming proce- on the United States, for courthouse security Budget Act of 1974, as amended. dures. equipment, $9,125,000, to remain available until FEDERAL TRADE COMMISSION CHAPTER 5 September 30, 2003. SALARIES AND EXPENSES DEPARTMENT OF TRANSPORTATION CONSTRUCTION For an additional amount to respond to the COAST GUARD For an additional amount to respond to the September 11, 2001, terrorist attacks on the OPERATING EXPENSES September 11, 2001, terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, For an additional amount to respond to the United States, for ‘‘Construction’’, $35,000,000, $20,000,000, to remain available until September September 11, 2001, terrorist attacks on the to remain available until Stepember 30, 2003. 30, 2003. United States, for ‘‘Operating Expenses’’, FEDERAL BUREAU OF INVESTIGATION CHAPTER 3 $12,000,000, to remain available until September 30, 2003. SALARIES AND EXPENSES DEPARTMENT OF ENERGY For an additional amount to respond to the FEDERAL AVIATION ADMINISTRATION ATOMIC ENERGY DEFENSE ACTIVITIES September 11, 2001, terrorist attacks on the RESEARCH, ENGINEERING, AND DEVELOPMENT United States, for ‘‘Salaries and Expenses’’, NATIONAL NUCLEAR SECURITY ADMINISTRATION (AIRPORT AND AIRWAY TRUST FUND) $200,000,000, to remain available until September WEAPONS ACTIVITIES For an additional amount to respond to the 30, 2003. For an additional amount to respond to the September 11, 2001, terrorist attacks on the IMMIGRATION AND NATURALIZATION SERVICE September 11, 2001, terrorist attacks on the United States, for ‘‘Research, Engineering, and SALARIES AND EXPENSES United States, and for other expenses to in- Development’’, $38,000,000, to be derived from the Airport and Airway Trust Fund. For an additional amount to respond to the crease the security of the Nation’s nuclear September 11, 2001, terrorist attacks on the weapons complex, for ‘‘Weapons Activities’’, GRANTS-IN-AID FOR AIRPORTS United States, for ‘‘Salaries and Expenses’’, $179,000,000, to remain available until September (AIRPORT AND AIRWAY TRUST FUND) $35,100,000, to remain available until September 30, 2003. For an additional amount to respond to the 30, 2003. DEFENSE NUCLEAR NONPROLIFERATION September 11, 2001, terrorist attacks on the United States, notwithstanding any other provi- CONSTRUCTION For an additional amount to respond to the sion of law, for ‘‘Grants-in-aid for airports’’, to For an additional amount to respond to the September 11, 2001, terrorist attacks on the enable the Federal Aviation Administrator to September 11, 2001, terrorist attacks on the United States, and for other expenses to improve compensate airports for a portion of the direct United States, for ‘‘Construction’’, $300,000,000, nuclear nonproliferation and verification re- costs associated with new, additional or revised to remain available until September 30, 2003. search and development, for ‘‘Defense Nuclear Nonproliferation’’, $286,000,000, to remain avail- security requirements imposed on airport opera- FEDERAL PRISON SYSTEM able until September 30, 2003. tors by the Administrator on or after September SALARIES AND EXPENSES INDEPENDENT AGENCY 11, 2001, $200,000,000, to be derived from the Air- For an additional amount to respond to the port and Airway Trust Fund, to remain avail- NUCLEAR REGULATORY COMMISSION September 11, 2001, terrorist attacks on the able until September 30, 2003. United States, for ‘‘Salaries and Expenses’’, SALARIES AND EXPENSES CHAPTER 6 $20,000,000, to remain available until September For an additional amount to respond to the DEPARTMENT OF THE TREASURY September 11, 2001, terrorist attacks on the 30, 2003. UNITED STATES CUSTOMS SERVICE OFFICE OF JUSTICE PROGRAMS United States, and for other expenses to in- crease the security of the Nation’s nuclear SALARIES AND EXPENSES JUSTICE ASSISTANCE power plants, for ‘‘Salaries and Expenses’’, For an additional amount to respond to the For an additional amount to respond to the $36,000,000, to remain available until September September 11, 2001, terrorist attacks on the September 11, 2001, terrorist attacks on the 30, 2003: Provided, That the funds appropriated United States, for ‘‘Salaries and Expenses’’, United States, for ‘‘Justice Assistance’’, herein shall be excluded from license fee reve- $270,972,000, to remain available until September $550,000,000, to remain available until September nues, notwithstanding 42 U.S.C. 2214. 30, 2003; of this amount, not less than 30, 2003, for grants, cooperative agreements, and $120,000,000 shall be available for increased other assistance authorized by sections 819 and CHAPTER 4 staffing to combat terrorism along the Nation’s 821 of the Antiterrorism and Effective Death DEPARTMENT OF HEALTH AND HUMAN borders, of which $10,000,000 shall be available Penalty Act of 1996 and for other counter ter- SERVICES for hiring inspectors along the Southwest bor- rorism programs. OFFICE OF THE SECRETARY der; not less than $15,000,000 shall be available for seaport security; and not less than STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY $135,000,000 shall be available for the procure- For an additional amount to respond to the FUND ment and deployment of non-intrusive and September 11, 2001, terrorist attacks on the For an additional amount for emergency ex- counterterrorism inspection technology, equip- United States, $35,000,000 shall be for discre- penses necessary to support activities related to ment and infrastructure improvements to combat tionary grants under the Edward Byrne Memo- countering potential biological, disease, and terrorism at the land and sea border ports of rial State and Local Law Enforcement Assist- chemical threats to civilian populations, for entry. ance Program, to remain available until Sep- ‘‘Public Health and Social Services Emergency tember 30, 2003. Fund’’, $3,325,000,000, to remain available until EXECUTIVE OFFICE OF THE PRESIDENT DEPARTMENT OF COMMERCE September 30, 2003. Of this amount, OFFICE OF ADMINISTRATION NATIONAL INSTITUTE OF STANDARDS AND $1,150,000,000 shall be for the Centers for Disease SALARIES AND EXPENSES TECHNOLOGY Control and Prevention for improving State and For an additional amount to respond to the local capacity; $165,000,000 shall be for grants to September 11, 2001, terrorist attacks on the SCIENTIFIC AND TECHNICAL RESEARCH AND hospitals, in collaboration with local govern- United States, for ‘‘Salaries and Expenses’’, SERVICES ments, to improve capacity to respond to bioter- $20,847,000, to remain available until September For an additional amount to respond to the rorism; $185,000,000 shall be for upgrading ca- 30, 2003. September 11, 2001, terrorist attacks on the pacity at the Centers for Disease Control and POSTAL SERVICE United States, for ‘‘Scientific and Technical Re- Prevention, including research; $10,000,000 shall PAYMENT TO THE POSTAL SERVICE FUND search and Services’’, $30,000,000, to remain be for the establishment and operation of a na- available until September 30, 2003. For an additional payment to the Postal Serv- tional system to track biological pathogens; ice Fund to enable the Postal Service to build RELATED AGENCIES $95,000,000 shall be for the Office of the Sec- and establish a system for sanitizing and screen- DEPARTMENT OF TRANSPORTATION retary and improving disaster response teams; ing mail matter, to protect postal employees and MARITIME ADMINISTRATION $125,000,000 shall be for the National Institute of postal customers from exposure to biohazardous Allergy and Infectious Diseases for bioterrorism- material, and to replace or repair Postal Service OPERATIONS AND TRAINING related research and development and other re- For an additional amount to respond to the facilities destroyed or damaged in New York lated needs; $96,000,000 shall be for the National City as a result of the September 11, 2001, ter- September 11, 2001, terrorist attacks on the Institute of Allergy and Infectious Diseases for United States, for ‘‘Operations and Training’’, rorist attacks, $875,000,000, to remain available the construction of biosafety laboratories and until September 30, 2003. $11,000,000, for a port security program, to re- related infrastructure costs; $4,000,000 shall be CHAPTER 7 main available until September 30, 2003. for training and education regarding effective MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM workplace responses to bioterrorism; $593,000,000 INDEPENDENT AGENCIES ACCOUNT shall be for the National Pharmaceutical Stock- ENVIRONMENTAL PROTECTION AGENCY For an additional amount to respond to the pile; $829,000,000 shall be for the purchase, de- ENVIRONMENTAL PROGRAMS AND MANAGEMENT September 11, 2001, terrorist attacks on the ployment and related costs of the smallpox vac- For an additional amount to respond to the United States, for the cost of guaranteed loans, cine, and $73,000,000 shall be for improving lab- September 11, 2001, terrorist attacks on the

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United States and to support activities related to (b) REVISED AGGREGATES AND ALLOCATIONS.— (A) by striking ‘‘Provided further, That using countering terrorism, for ‘‘Environmental Pro- Upon the enactment of this section, the chair- $2,500,000 of the funds provided herein, the Sec- grams and Management’’, $6,000,000, to remain man of the Committee on the Budget of the retary of the Army, acting through the Chief of available until September 30, 2003. House of Representatives and the chairman of Engineers, is directed to proceed with a final de- HAZARDOUS SUBSTANCE SUPERFUND the Committee on the Budget of the Senate shall sign and initiate construction for the repair and For an additional amount to respond to the each— replacement of the Jicarilla Municipal Water September 11, 2001, terrorist attacks on the (1) revise the aggregate levels of new budget System in the town of Dulce, New Mexico:’’; and United States and to support activities related to authority and outlays for fiscal year 2002 set in (B) insert at the end before the period the fol- countering terrorism, for ‘‘Hazardous Substance sections 101(2) and 101(3) of the concurrent reso- lowing: ‘‘: Provided further, That using funds Superfund’’, $23,000,000, to remain available lution on the budget for fiscal year 2002 (H. provided herein, the Secretary of the Army, act- until September 30, 2003. Con. Res. 83, 107th Congress), to the extent nec- ing through the Chief of Engineers, is directed FEDERAL EMERGENCY MANAGEMENT AGENCY essary to reflect the revised limits on discre- to transfer $2,500,000 to the Secretary of the In- tionary budget authority and outlays for fiscal terior for the Bureau of Reclamation to proceed EMERGENCY MANAGEMENT PLANNING AND year 2002 provided in subsection (a); with the Jicarilla Municipal Water System in ASSISTANCE (2) revise allocations under section 302(a) of the town of Dulce, New Mexico’’; and (INCLUDING TRANSFER OF FUNDS) the Congressional Budget Act of 1974 to the (2) under the heading of ‘‘Title II, Department For an additional amount to respond to the Committee on Appropriations of their respective of the Interior, Bureau of Reclamation, Water September 11, 2001, terrorist attacks on the House as initially set forth in the joint explana- and Related Resources, (Including the Transfer United States and to support activities related to tory statement of managers accompanying the of Funds)’’— countering terrorism, for ‘‘Emergency Manage- conference report on that concurrent resolution, (A) insert at the end before the period the fol- ment Planning and Assistance’’, $300,000,000, to to the extent necessary to reflect the revised lim- lowing: ‘‘: Provided further, That using remain available until September 30, 2003, for its on discretionary budget authority and out- $2,500,000 of the funds provided herein, the Sec- programs as authorized by section 33 of the Fed- lays for fiscal year 2002 provided in subsection retary of the Interior is directed to proceed with eral Fire Prevention and Control Act of 1974, as (a); and a final design and initiate construction for the amended (15 U.S.C. 2201 et seq.): Provided, That (3) publish those revised aggregates and allo- repair and replacement of the Jicarilla Munic- up to 5 percent of this amount shall be trans- cations in the Congressional Record. ipal Water System in the town of Dulce, New ferred to ‘‘Salaries and expenses’’ for program (c) REPEAL OF SECTION 203 OF BUDGET RESO- Mexico’’. administration. LUTION FOR FISCAL YEAR 2002.—Section 203 of SEC. 106. (a) Public Law 107–68 is amended by GENERAL PROVISION, THIS TITLE the concurrent resolution on the budget for fis- adding at the end the following: SEC. 101. EMERGENCY DESIGNATION. (a) All cal year 2002 (H. Con. Res. 83, 107th Congress) ‘‘This Act may be cited as the ‘Legislative amounts appropriated in this title are des- is repealed. Branch Appropriations Act, 2002’.’’. (d) ADJUSTMENTS.—If, for fiscal year 2002, the ignated by the Congress as an emergency re- (b) The amendment made by subsection (a) amount of new budget authority provided in ap- quirement pursuant to section 251(b)(2)(A) of shall take effect as if included in the enactment propriation Acts exceeds the discretionary the Balanced Budget and Emergency Deficit of Public Law 107–68. spending limit on new budget authority for any Control Act of 1985, as amended. SEC. 107. Section 102 of the Legislative Branch (b) None of the funds in this title shall be category due to technical estimates made by the Appropriations Act, 2002 (Public Law 107–68) is available for obligation unless all of the funds Director of the Office of Management and amended— in this title are designated as an emergency re- Budget, the Director shall make an adjustment (1) in subsection (a), by striking paragraph (1) quirement as defined in the Balanced Budget equal to the amount of the excess, but not to ex- and redesignating paragraphs (2) through (6) as and Emergency Deficit Control Act of 1985, as ceed an amount equal to 0.2 percent of the sum paragraphs (1) through (5), respectively; amended, in an official budget request trans- of the adjusted discretionary limits on new (2) in subsection (g)(1)— mitted by the President to the Congress. budget authority for all categories for fiscal (A) in subparagraph (A), by striking ‘‘sub- year 2002. section (i)(1)(A)’’ and inserting ‘‘subsection TITLE II—ASSISTANCE TO NEW YORK, SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In (h)(1)(A)’’; and VIRGINIA, AND PENNSYLVANIA preparing the final sequestration report for fis- (B) in subparagraph (B), by striking ‘‘sub- INDEPENDENT AGENCY cal year 2002 required by section 254(f)(3) of the section (i)(1)(B)’’ and inserting ‘‘subsection FEDERAL EMERGENCY MANAGEMENT AGENCY Balanced Budget and Emergency Deficit Con- (h)(1)(B)’’. DISASTER RELIEF trol Act of 1985, the Director of the Office of SEC. 108. (a) Section 209 of the Legislative For an additional amount for ‘‘Disaster Re- Management and Budget shall change any bal- Branch Appropriations Act, 2002 (Public Law lief’’, $7,500,000,000, to remain available until ance of direct spending and receipts legislation 107–68) is amended in the matter amending Pub- expended for disaster recovery activities and as- for fiscal years 2001 and 2002 under section 252 lic Law 106–173 by striking the quotation marks sistance related to the terrorist attacks in New of that Act to zero. and period at the end of the new subsection (g) York, Virginia and Pennsylvania on September DIVISION E—TECHNICAL CORRECTIONS and inserting the following: ‘‘Any reimburse- 11, 2001: Provided, That such amount is des- SEC. 101. Title VI of the Agriculture, Rural ment under this subsection shall be credited to ignated by the Congress as an emergency re- Development, Food and Drug Administration, the appropriation, fund, or account used for quirement pursuant to section 251(b)(2)(A) of and Related Agencies Appropriations Act, 2002 paying the amounts reimbursed. the Balanced Budget and Deficit Control Act of (Public Law 107–76) is amended under the head- ‘‘(h) EMPLOYMENT BENEFITS.— 1985, as amended: Provided further, That such ing ‘‘Food and Drug Administration, Salaries ‘‘(1) IN GENERAL.—The Commission shall fix amount shall be available only to the extent and Expenses’’ by striking ‘‘$13,207,000’’ and in- employment benefits for the Director and for ad- that an official budget request, that includes serting ‘‘$13,357,000’’. ditional personnel appointed under section 6(a), designation of the entire amount of the request SEC. 102. Title IV of the Departments of Com- in accordance with paragraphs (2) and (3). as an emergency requirement as defined in the merce, Justice, and State, the Judiciary and Re- ‘‘(2) EMPLOYMENT BENEFITS FOR THE DIREC- Balanced Budget and Emergency Deficit Con- lated Agencies Appropriations Act, 2002 (Public TOR.— trol Act of 1985, as amended, is transmitted by Law 107–77) is amended in the third proviso of ‘‘(A) IN GENERAL.—The Commission shall de- the President to the Congress. the first undesignated paragraph under the termine whether or not to treat the Director as a Federal employee for purposes of employment GENERAL PROVISION, THIS DIVISION heading ‘‘Diplomatic and Consular Programs’’ benefits. If the Commission determines that the SEC. 102. Notwithstanding section 257(c) of the by striking ‘‘this heading’’ and inserting ‘‘the appropriations accounts within the Administra- Director is to be treated as a Federal employee, Balanced Budget and Emergency Deficit Con- then he or she is deemed to be an employee as trol Act of 1985, the amount of discretionary tion of Foreign Affairs’’. SEC. 103. Title V of the Departments of Com- that term is defined by section 2105 of title 5, budget authority for any account for fiscal year merce, Justice, and State, the Judiciary and Re- United States Code, for purposes of chapters 63, 2003 and subsequent years included in any base- lated Agencies Appropriations Act, 2002 (Public 83, 84, 87, 89, and 90 of that title, and is deemed line budget projections made by the Office of Law 107–77) is amended in the proviso under the to be an employee for purposes of chapter 81 of Management and Budget or the Congressional heading ‘‘Commission on Ocean Policy’’ by that title. If the Commission determines that the Budget Office pursuant to that section shall not striking ‘‘appointment’’ and inserting ‘‘the first Director is not to be treated as a Federal em- reflect any appropriation for fiscal year 2002 meeting of the Commission’’. ployee for purposes of employment benefits, then provided in this division. SEC. 104. Section 626(c) of the Departments of the Commission or its administrative support DIVISION D—SPENDING LIMITS AND Commerce, Justice, and State, the Judiciary and service provider shall establish appropriate al- BUDGETARY ALLOCATIONS FOR FISCAL Related Agencies Appropriations Act, 2002 (Pub- ternative employment benefits for the Director. YEAR 2002 lic Law 107–77) is amended by striking The Commission’s determination shall be irrev- SEC. 101. (a) DISCRETIONARY SPENDING LIM- ‘‘1:00CV03110(ESG)’’ and inserting ocable with respect to each individual appointed ITS.—Section 251(c)(6) of the Balanced Budget ‘‘1:00CV03110(EGS)’’. as Director, and the Commission shall notify the and Emergency Deficit Control Act of 1985 is SEC. 105. JICARILLA, NEW MEXICO, MUNICIPAL Office of Personnel Management and the De- amended by striking subparagraph (A) and in- WATER SYSTEM. Public Law 107–66 is amended— partment of Labor of its determination. Not- serting the following: (1) under the heading of ‘‘Title I, Department withstanding the Commission’s determination, ‘‘(A) for the discretionary category: of Defense—Civil, Department of the Army, the Director’s service is deemed to be Federal $681,441,000,000 in new budget authority and Corps of Engineers—Civil, Construction, Gen- service for purposes of section 8501 of title 5, $670,447,000,000 in outlays;’’. eral’’— United States Code.

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\CR\FM\A06DE6.021 pfrm04 PsN: S06PT1 S12500 CONGRESSIONAL RECORD — SENATE December 6, 2001 ‘‘(B) DETAILEE SERVING AS DIRECTOR.—Sub- of 1997 (‘‘section 514’’), and for new obligations jurisdiction of the Energy and Water paragraph (A) shall not apply to a detailee who for such technical assistance: Provided, That of Subcommittee. is serving as Director. the total amount provided under this heading, The total discretionary funding rec- ‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL not less than $2,000,000 shall be made available ommended in division A of this bill is PERSONNEL.—A person appointed to the Commis- from salaries and expenses allocated to the Of- sion staff under subsection (b)(2) is deemed to be fice of General Counsel and the Office of Multi- $317,208,000,000. This is the same an employee as that term is defined by section family Housing Assistance Restructuring in the amount as the subcommittee’s 302B al- 2105 of title 5, United States Code, for purposes Department of Housing and Urban Develop- location, and the House level. of chapters 63, 83, 84, 87, 89, and 90 of that title, ment: Provided further, That of the total As such, my colleagues should be ad- and is deemed to be an employee for purposes of amount provided under this heading, no more vised that any amendment that would chapter 81 of that title.’’. than $10,000,000 shall be made available for new seek to add funding to the rec- (b) The amendments made by this section obligations for technical assistance under sec- ommendation would need to be accom- shall take effect as if included in the enactment tion 514: Provided further, That from amounts panied by an acceptable offset in budg- of the Legislative Branch Appropriations Act, made available under this heading, the Inspec- et authority. 2002 (Public Law 107–68). tor General of the Department of Housing and SEC. 109. (a) Notwithstanding any other provi- Urban Development (‘‘HUD Inspector General’’) This measure is fully consistent with sion of law, of the funds authorized under sec- shall audit each provision of technical assist- the objectives of this administration tion 110 of title 23, United States Code, for fiscal ance obligated under the requirements of section and the Defense authorization bill year 2002, $29,542,304 shall be set aside for the 514 over the last 4 years: Provided further, That, which passed the Senate in September project as authorized under title IV of the Na- to the extent the HUD Inspector General deter- and is now in conference. Our staffs tional Highway System Designation Act of 1995, mines that the use of any funding for technical have worked in close coordination with as amended: Provided, That, if funds authorized assistance does not meet the requirements of sec- the Armed Services Committee to min- under these provisions have been distributed tion 514, the Secretary of Housing and Urban imize differences between the bills. then the amount so specified shall be recalled Development (‘‘Secretary’’) shall recapture any proportionally from those funds distributed to such funds: Provided further, That no funds ap- In addition, we believe we have ac- the States under section 110(b)(4)(A) and (B) of propriated under title II of Public Law 107–73 commodated those issues identified by title 23, United States Code. and subsequent appropriations acts for the De- the Senate which would enhance our (b) Notwithstanding any other provision of partment of Housing and Urban Development Nation’s Defense while allowing us to law, for fiscal year 2002, funds available for en- shall be made available for four years to any en- stay within the limits of the budget vironmental streamlining activities under sec- tity (or any subsequent entity comprised of sig- resolution. tion 104(a)(1)(A) of title 23, United States Code, nificantly the same officers) that has been iden- Our first priority in this bill is to may include making grants to, or entering into tified as having violated the requirements of sec- provide for the quality of life of our contracts, cooperative agreements, and other tion 514 by the HUD Inspector General: Pro- transactions, with a Federal agency, State vided further, That, notwithstanding any other men and women in uniform. agency, local agency, authority, association provision of law, no funding for technical as- In that vein, we have fully funded a nonprofit or for-profit corporation, or institu- sistance under section 514 shall be available for 5-percent pay raise for every military tion of higher education. carryover from any previous year: Provided fur- member and, as authorized, we rec- (c) Notwithstanding any other provision of ther, That the Secretary shall implement the ommend additional funding for tar- law, of the funds authorized under section 110 provisions under this heading in a manner that geted pay raises for those grades and of title 23, United States Code, for fiscal year does not accelerate outlays. particular skills which are hard to fill. 2002, and made available for the National motor carrier safety program, $5,896,000 shall be for The PRESIDING OFFICER. The Sen- We believe these increases will sig- State commercial driver’s license program im- ator from Hawaii is recognized. nificantly aid our ability to recruit, provements. Mr. INOUYE. Madam President, on and perhaps more importantly, retain SEC. 110. Notwithstanding any other provision Tuesday of this week the Appropria- much needed military personnel. of law, of the amounts appropriated for in fiscal tions Committee met to approve the We have also provided $18.4 billion for year 2002 for the Research and Special Programs Department of Defense appropriations health care costs. This is $6.3 billion Administration, $3,170,000 of funds provided for bill for fiscal year 2002, by a vote of 29 more than appropriated in FY 2001 and research and special programs shall remain to zero. I am pleased to present the rec- nearly $500 million more than re- available until September 30, 2004; and $22,786,000 of funds provided for the pipeline ommendations to the Senate today, as quested by the President. safety program derived from the pipeline safety division A of this bill, H.R. 3338. This funding will ensure that fund shall remain available until September 30, I will focus my remarks on division TRICARE costs are fully covered, that 2004. A, the Defense portion of the bill. our military hospitals receive in- SEC. 111. Item 1497 in the table contained in Later today, Chairman BYRD will de- creased funding to better provide for section 1602 of the Transportation Equity Act scribe the provisions of divisions B their patients and, by providing fund- for the 21st Century (112 Stat. 312), relating to through E. I want to point out that I ing for ‘‘TRICARE for life’’, we fulfill a Alaska, is amended by inserting ‘‘and construct support the allocation of $7.4 billion for commitment made to our retirees over capital improvements to intermodal marine freight and passenger facilities and access there- Defense contained in division B. 65. This will ensure that those Ameri- to’’ before ‘‘in Anchorage’’. Prompt action on this measure will en- cans who were willing to dedicate their SEC. 112. Of the funds made available in H.R. sure that our efforts to fight terrorism lives to the military will have quality 2299, the Fiscal Year 2002 Department of Trans- are fully supported. health care in their older years. portation and Related Agencies Appropriations The House passed its version of this This is most importantly an issue of Act, of funds made available for the Transpor- bill just last week, so you can see we fairness; it fulfills the guarantee DOD tation and Community and System Preservation have acted as expeditiously as possible made to the military when they were Program, $300,000 shall be for the US–61 Wood- to bring it to the Senate. I want to on active duty. ville widening project in Mississippi and, of funds made available for the Interstate Mainte- note to all my colleagues that this We also believe it will signal to those nance program, $5,000,000 shall be for the City would not have been possible without willing to serve today that we will of Renton/Port Quendall, WA project. the tremendous cooperation that I keep our promises. In no small part we SEC. 113. Section 652(c)(1) of Public Law 107– have received from Senator STEVENS see this as another recruiting and re- 67 is amended by striking ‘‘Section 414(c)’’ and and his able staff. tention program. inserting ‘‘Section 416(c)’’. The Defense appropriations bill as In title II, the bill provides $106.5 bil- DEPARTMENT OF HOUSING AND URBAN recommended by the committee pro- lion for readiness and related pro- DEVELOPMENT vides a total of $317,623,483,000 in budg- grams. This is $9.6 billion more than PUBLIC AND INDIAN HOUSING et authority for mandatory and discre- appropriated for fiscal year 2001. The HOUSING CERTIFICATE FUND tionary programs for the Department bill reallocates funding from the Sec- SEC. 114. Of the amounts made available of Defense. This amount is $1,923,633,000 retary of Defense to the military serv- under both this heading and the heading ‘‘Sala- below the President’s request. ices for the costs of overseas deploy- ries and Expenses’’ in title II of Public Law 107– The recommended funding is below ments in the Balkans in the same man- 73, not to exceed $20,000,000 shall be for the rec- the President’s request by nearly $2 ner as the Pentagon does for the Mid- ordation and liquidation of obligations and defi- ciencies incurred in prior years in connection billion because the Senate has already dle East deployments. with the provision of technical assistance au- acted to reallocated $500 million for Through this adjustment and because thorized under section 514 of the Multifamily military construction and $1.2 billion of other fact of life changes in the Bal- Assisted Housing Reform and Affordability Act for nuclear energy programs under the kans, the committee has identified $600

VerDate 05-DEC-2001 03:07 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.021 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12501 million in savings to reapply to other viet Union countries to dismantle and Less than 1 percent of Americans critical readiness and investment pri- safeguard their nuclear weapons. How- serve in today’s military. These few are orities. ever, the Defense Department has had willing to sacrifice themselves for us. For our investment in weapons and a history of being unable to use all of They are willing to stand in harm’s other equipment, the recommendation the funding that has been provided to way in our behalf. They deserve our includes $60.9 billion for procurement, it in a timely fashion. support. nearly $500 million more than re- As a result, at this time, the Pen- Nearly 3 months ago, our Nation was quested by the President. The funding tagon has more than $700 million that hit by a surprise attack delivered from here will continue our efforts to recapi- it hasn’t used yet. That is nearly 2 out of blue. Forty years ago tomorrow talize our forces, supporting the years worth of funds. In addition, we suffered a similar attack. Army’s transformation goals and pur- under current law, the authorizers In 1941, our Nation rose up together chasing much needed aircraft, missiles, have limited the use of funding for cer- and we worked diligently to defeat this and space platforms for the Air Force. tain activities. Even if this language is threat. I have been gratified to see our For the Navy, the bill provides full changed in the pending Defense con- Nation come together in the past few funding for those programs that are on ference, the Pentagon has not yet pre- months in a similar fashion. tract and ready to move forward. In sented a plan for how they will use This is the bill, that allows us to act. some cases, delays in contracting have these funds. This is the measure that we need to allowed the subcommittee to rec- The committee has taken its action show our military forces that we sup- ommend reallocating funds for other without prejudice. We are required to port them. critical requirements. reduce funding in this bill by nearly $2 I know there are disagreements Included in that, the committee has billion. We simply must make this type among some of us with specific funding recommended $560 million for procure- of reduction where we know they can’t levels in the other divisions of this bill. ment to support our National Guard efficiently obligate the funding no But, we should not let us get bogged and Reserve forces. matter how much we support the over- down in a partisan squabble over how In funding for future investment for all objectives of the program. we pay for the war on terrorism. research and development, the measure Second, the bill provides discre- We have the Defense bill that is ur- recommends $46 billion, a 10-percent tionary authority to the Defense De- gently needed to fight and win this war increase over the amounts appro- partment to lease tankers to replace and to demonstrate to the world our priated for fiscal year 2001. the aging KC–135 fleet. This is a pro- resolve. The recommendation mirrors the gram that is strongly endorsed by the For the good of the Nation, I urge all Senate-passed authorization bill for Air Force as the most cost effective my colleagues to look to our objective ballistic missile defense. A total of $7 way to replace our tankers. and to support this measure. Let us Despite what has been reported, the billion is provided under missile de- take the bill to conference where we language in the bill requires that the fense programs and an additional $1.3 can work out an agreement that can be lease can only be entered into if the billion is provided in a separate appro- endorsed by the President. Air Force can show that it will be 10 priation for the President to allocate I urge all my colleagues to support percent less expensive to lease the air- this bill. either for missile defense or for craft than to purchase them. In addi- The PRESIDING OFFICER. The Sen- counterterrorism. tion, it stipulates that the aircraft This is a balanced bill that supports ator from Alaska is recognized. must be returned to the manufacturer Mr. STEVENS. Madam President, I the priorities of the administration and at the end of the lease period. welcome the opportunity to join Sen- the Senate. In order to cut spending by No business sector has suffered more ator INOUYE in presenting the fiscal nearly $2 billion, some difficult deci- from the events of September 11 than sions were required. The bill reduces has our commercial aircraft manufac- year 2002 Defense Appropriations Act. The chairman has just effectively de- funding for several programs that have turers. The tragic events of that day scribed the bill before the Senate, and been delayed or are being reconsidered have drastically reduced orders for because of the Secretary’s Strategic commercial aircraft. We have been in- I will add only a few comments that I Review, the Nuclear Posture Review, formed that Boeing, for example, will want to make to endorse the presen- and the Quadrennial Defense Review. have to lay off approximately 30,000 tation that he has made. The bill also makes adjustments that people as a direct consequence of the This bill before the Senate is a good are in line with the reforms cham- terrorist attack. bill. Section A of the bill Senator pioned by the administration. We have provided funding to support INOUYE and I have worked on for some No. 1, a concerted effort was made at the airlines as a result of that tragedy. time. Later today it is my intention to reducing reporting requirements in the We are including funds elsewhere in offer an amendment in the nature of a bill. this bill to help in the recovery in New substitute. It is amendment No. 2743, No. 2, the bill also reduces funding York and the Pentagon. The leasing substitute for divisions B and C that for consultants and other related sup- authority which we have included in concern the allocation of funds from port personnel as authorized by the division A allows us to help assist com- the previous emergency supplemental Senate. mercial airline manufacturers while appropriations bill that relate to the No. 3, as requested, the bill provides also solving a long-term problem for September 11 attacks on our Nation. $100 million for DOD to make addi- the Air Force. For the defense portion, there I am tional progress in modernizing its fi- I strongly endorse this initiative referring specifically to section A of nancial management systems. which was crafted by my good friend, the bill before the Senate. I am espe- Finally, the bill places a cap on legis- Senator STEVENS, with the support of cially pleased we succeeded in funding lative liaison personnel which the Sec- several other members, including Sen- the 5-percent pay raise and the $9.5 bil- retary of Defense has indicated are ex- ators CANTWELL, MURRAY, and DURBIN. lion increase in readiness funds in the cessive. I believe it deserves the unanimous O&M section of this bill. I would like to take a few minutes to support of the Senate. Of special importance to me are address a couple of items that some Today is December 6. Nearly one three initiatives in the bill that will press reports have mischaracterized quarter of the fiscal year has passed. dramatically enhance our national se- about our recommendations. The Defense Department is operating curity. First, the bill includes $143 mil- First, the committee has reduced under a continuing resolution which lion to continue the multiyear procure- funding for the Cooperative Threat Re- significantly limits its ability to effi- ment contract for the C–17 airlifter. duction Program by $46,000,000. Let me ciently manage its funding—most par- Our current deployment relies heavily assure all of my colleagues that I ticularly, procurement programs. on the C–17 fleet, and this initiative strongly support the intent of this pro- I don’t need to remind any of my col- will continue the procurement of that gram. leagues that we have men and women aircraft—now the backbone of our The $356 million that we include for serving half way around the world de- strategy for deployment. As I said, we the program will assist the former So- fending us. continue to rely on the C–17 fleet for

VerDate 05-DEC-2001 05:51 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.012 pfrm04 PsN: S06PT1 S12502 CONGRESSIONAL RECORD — SENATE December 6, 2001 our deployment policies of the Depart- both Senator INOUYE and myself, are the Senate bill total $309.412 billion in ment of Defense, and we need as many reflected in this bill in a balanced and 2002. of those as we can get. fair fashion. I state to the Senate that In addition, the bill includes $35 bil- Second, this bill fully accommodates if I were still chairman of the Sub- lion in emergency-designated budget the President’s request of $8.3 billion committee on Defense, there really are authority. Of that total, $20 billion rep- for missile defense programs, and it very few changes I would recommend resents amounts previously authorized carries out the conditions set forth in to the Senate in the bill. I recommend by and designated as emergency spend- the Defense authorization bill for the none now because the differences are so ing under Public Law 107–38, the Emer- allocation of that money. minor that they really should not af- gency Supplemental Appropriations The successful test earlier this week fect the consideration of the bill. Act for Recovery from and Response to of the ground-based midcourse inter- There is, however, a long day ahead Attacks on the United States, and $15 ceptor reflects the great progress made of us. It is my hope we can strike a billion is for homeland defense. That in this missile defense program by LTG compromise. For that purpose, I will budget authority will result in new Ron Kadish and the people in his com- offer the substitute and explain it fur- outlays in 2002 of $12.123 billion. In ac- mand. I congratulate them. We are now ther after Senator BYRD has presented cordance with standard budget prac- talking about the ground-based mid- his statement concerning the Senate tice, the budget committee will adjust course interceptor program which is a amendments as reflected by the bill the appropriations committee’s alloca- portion of the missile defense program. that has been reported from the full tion for emergency spending at the end That is what is in the bill before the Committee on Appropriations and is of conference. Because the funds for Senate. before the Senate now. homeland security include amounts for Third, the bill includes a new provi- I do appreciate every consideration nondefense activities, the emergency sion that authorizes the Secretary of that has been extended to me and my designation violates section 205 of the the Air Force to lease 100 new air re- staff by Chairman INOUYE and his staff budget resolution for fiscal year 2001 fueling tankers. If executed by the De- director, Charlie Houy, and the chair- (H. Rept. 106–577). partment—that is, if these leases are man of the full committee and his The Senate bill also violates section followed through by the Department— staff. 302(f) of the Congressional Budget Act these leased aircraft would replace the I wish I could say I look forward to of 1974 because it exceeds the sub- 136 KC–135E aircraft which are cur- this debate. At present, I think we are committee’s Section 302(b) allocation rently in use as air refueling tankers. heading toward being in the position of for both budget authority and outlays. They average in excess of 41 years of being between a rock and a hard place. Similarly, because the committee’s al- age. I notice the chairman said 42. I am I will try to search out a way to move location is tied to the current law cap sure he has more updated information one or the other or both. on discretionary spending, H.R. 3338 than I. Thank you very much. also violates section 312(b) of the Con- This initiative, as the chairman said, The PRESIDING OFFICER. The Sen- gressional Budget Act. The bill in- endorsed by the Secretary of the Air ator from Hawaii. cludes language that raises the cap on Force, has been cleared by CBO as hav- Mr. INOUYE. Madam President, be- discretionary category spending to ing no budgetary impact in fiscal year fore I suggest the absence of a quorum, $681.441 billion in budget authority and 2002. I would like to have the RECORD show $670.447 billion in outlays. However, be- Earlier this week I answered a ques- how pleased the subcommittee is with cause that language is not yet law, the tion of the press and other Members of the initiative offered by Senator STE- budget committee cannot increase the the Senate about this provision and VENS, the Presiding Officer, and Sen- appropriations committee’s allocation told them this bill did not, at that ator CANTWELL, on the KC–135 leasing at this time, putting it in violation of time, specify the aircraft to be pro- program. It took much time and, I the two points of order. cured. Because of the clearance proce- would say, much creativity, but I am In addition, by including language dure of the CBO, we have now put in happy that these great Senators were that increases the cap on discretionary the bill a designation that these air- able to resolve this matter. We find spending and adjusts the balances on craft to be leased will be the Boeing now that a measure that should have the pay-as-you-go scorecard for 2001 767s because there is adequate informa- been contentious is no longer conten- and 2002 to zero, H.R. 3338 also violates tion upon which we can base the con- tious. I once again thank Senator STE- section 306 of the Congressional Budget clusion and really advance the argu- VENS, Senator MURRAY, and Senator Act. Finally, the bill violates section ment that there will be a commercial CANTWELL. 311(a)(2)(A) of the Congressional Budget market for these aircraft at the end of Madam President, I suggest the ab- Act by exceeding the spending aggre- the lease involved. sence of a quorum. gates assumed in the 2002 budget reso- What I really want to tell the Senate The PRESIDING OFFICER. The lution for fiscal year 2002. is that this bill reflects countless hours clerk will call the roll. H.R. 3338 violates several budget act of collaboration by myself and Chair- The bill clerk proceeded to call the points of order; however, it is a good man INOUYE and the members of the roll. bill that addresses the nation’s defense committee and our staff. Both my chief Mr. CONRAD. Mr. President, I ask needs, including the defense of our of staff, Steve Cortese, and the chief of unanimous consent that the order for homeland. The President and Congres- staff for Senator INOUYE, Charlie Houy, the quorum call be rescinded. sional leaders from both parties agreed have really put in weekends and hours The PRESIDING OFFICER (Mr. in the wake of the September 11th at- that cannot even be counted to be sure JOHNSON). Without objection, it is so tack that more money was needed to that this bill before the Senate is what ordered. respond to the terrorists and to protect we intend it to be. Mr. CONRAD. Mr. President, I rise to our homeland. This bill follows that bi- Our allocation in this bill was $2 bil- offer for the record the Budget Com- partisan agreement and includes lan- lion less than the President’s amended mittee’s official scoring of H.R. 3338, guage that raises the cap on discre- request. The committee allocated addi- the Department of Defense Appropria- tionary spending to the necessary tional funds for military construction tions Act for Fiscal Year 2002. level. I commend Chairman BYRD and and defense nuclear weapons programs. H.R. 3338 provides $317.206 billion in subcommittee Chairman INOUYE on Those really are defense, in my judg- nonemergency discretionary budget au- their excellent work in bringing this ment. I have supported and advocated thority for defense activities and $13 important bill to the Senate floor. the allocations to those programs. But million in nonemergency budget au- I ask unanimous consent that a table I recognize the pressure everyone is thority for general purpose activities. displaying the budget committee scor- working under to make certain we Those amounts will result in new out- ing of H.R. 3338 be inserted in the have an adequate allowance for de- lays in 2002 of $213.063 billion. When RECORD at this point. fense. outlays from prior-year budget author- There being no objection, the mate- I believe the priorities of Members of ity are taken into account, non- rial was ordered to be printed in the the Senate, as requested by them to emergency discretionary outlays for RECORD, as follows:

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.023 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12503 H.R. 3338, DEPARTMENT OF DEFENSE APPROPRIATIONS On September 14, the Congress passed our budget agreements. His loyalists ACT, 2002 a $40 billion emergency supplemental are not concerned about whether we [Spending comparisons—Senate-Reported Bill (in millions of dollars)] appropriations bill in response to the have a supplemental appropriations September 11 attacks on the World bill in the spring. They are plotting at- General Manda- purpose Defense tory Total Trade Center and the Pentagon. There tacks right now, this very minute. was absolute bipartisanship. There was Twenty-four hours a day they plot. Senate-reported bill: Budget Authority ...... 13 317,206 282 317,501 no aisle between the parties then. They plot when you are sleeping. They Outlays ...... 13 309,399 282 309,694 At the time, we thought we could plot when I am sleeping. They will not Senate 302(b) allocation: 1 Budget Authority ...... 181,953 282 182,235 split those funds between our military wait until next year, and if we do not Outlays ...... 181,616 282 181,898 needs abroad and those needed to re- make these small investments now to House-passed bill: Budget Authority ...... 317,207 282 317,489 build New York City and the Pentagon. address our potential vulnerabilities, Outlays ...... 308,873 282 309,155 However, since September 14, we have then we risk substantially larger losses President’s request: Budget Authority ...... 319,130 282 319,412 seen a biological attack unleashed on in the future—not just financial and Outlays ...... 310,942 282 311,224 the east coast in the form of anthrax. human casualties but also the loss of SENATE-REPORTED BILL The specter of small pox has reemerged the American people’s confidence in COMPARED TO: for the first time in almost 30 years. Senate 302(b) allocation: 1 their Government, the American peo- Budget Authority ...... 13 135,253 ...... 135,266 The distinguished senior Senator ple’s confidence in their President, the Outlays ...... 13 127,783 ...... 127,796 from Alaska and I can remember very House-passed bill: American people’s confidence in their Budget Authority ...... 13 ¥1 ...... 12 well those schooldays when we were Congress. Outlays ...... 13 526 ...... 539 vaccinated for smallpox at school. I re- President’s request: We cannot shortchange our homeland Budget Authority ...... 13 ¥1,924 ...... ¥1,911 member the little two-room school- Outlays ...... 13 ¥1,543 ...... ¥1,530 house there in that ancient coal min- defense. We cannot postpone these in- vestments. Our citizens have a right to 1 For enforcement purposes, the budget committee compares the Senate- ing camp of Algonquin in Mercer Coun- reported bill to the Senate 302(b) allocation. The subcommittee’s allocation ty, southern West Virginia, in the know that the police, the fire and the reflects the current law cap on discretionary category spending. The Senate- hospital personnel in their commu- reported bill includes language increasing that cap to $681.441 billion (con- heart of the coal fields. There it was sistent with the agreement reached between President Bush and Congres- that I received the needle. nities have the equipment, training, sional leaders). Because the increase in the cap is not yet law, the com- We have seen National Guard troops and medicine to respond to a terrorist mittee cannot revise the committee’s 302(a) allocation at this time. attack. Notes: Details may not add to totals due to rounding. Totals adjusted for patrolling the Golden Gate Bridge. We consistency with scorekeeping conventions. In addition to the amounts have had threats made against our nu- I have, with the help of my staff and shown above, the Senate bill also includes $20 billion in budget authority and $8.25 billion in outlays to respond to the September 11th attack and clear facilities. We have gained new in- with the help of the witnesses who $15 billion in budget authority and $3.873 billion for homeland security. formation that Osama bin Laden loyal- have appeared before the appropria- Such amounts are designated as emergency. The budget committee in- creases the committee’s 302(a) allocation for emergencies when a bill is re- ists have progressed further than origi- tions subcommittees, crafted a pack- ported out of conference. nally thought in producing chemical age that addresses our most immediate Prepared by SBC Majority Staff, 12–6–01. and nuclear weapons, and those stories, vulnerabilities at home. This package The PRESIDING OFFICER. The Sen- those headlines appeared in the Wash- provides the President’s full request for ator from West Virginia. ington press. The Administration has our military operations abroad. We do Mr. BYRD. Mr. President, friends, issued three vague warnings to the not cut one penny from defense, de- Senators, Americans, lend me your American people urging them to be on fense as understood in the usual sense. ears. It was just 56 days ago on a day a heightened state of alert. We do not cut one penny from the like this day, as clear as the noon day We have learned so much more about President’s promise and our commit- Sun and a cloudless sky, that tragedy our potential vulnerabilities here at ment to New York City. Not one penny struck. home since September 14. We now do we cut. And we provide for home- Until September 10 we thought of na- know that these vulnerabilities must land defense. That is as much defense tional defense in terms of the soldiers, be addressed, and that additional secu- as is the defense of our military people sailors, airmen and marines that make rity precautions must be taken. who are overseas. up our military. We sought to provide Of the $40 billion emergency appro- them with the best training and equip- priations bill passed on September 14, Americans have spilled blood in Af- ment that money could buy, and when the President has committed $21 billion ghanistan. Americans have spilled duty calls, we expect them to leave be- to our military and intelligence pri- blood in Lower Manhattan, and within hind their families and loved ones to go marily for needs abroad. That leaves our own sight out of the windows into harm’s way to protect our country $19 billion for the President to fulfill Americans have spilled blood at the and our citizens from aggression. his promise to provide $20 billion to re- Pentagon. Is there any difference in Our concept of national defense has build New York City and the Pentagon the spilling of American blood whether now been radically altered as a result and other areas which were the subject it is overseas or at home, when the of the September 11 terrorist attacks. of the terrorist attacks. And the other cause of that spilling of American It is not just our military personnel in area is homeland defense, of which he, blood and that blood itself is on the Afghanistan who are on the front lines, himself, has identified $6 billion in hands of terrorists? but all Americans here at home are on needs. Clearly, within the confines of The major elements of my homeland the front lines. This zone of conflict ex- that $40 billion package, we cannot do defense package include bioterrorism tends to where we live, where we work, it all. prevention and response, which in- and where we play. Judging by the hor- The reality is that budget deficits are cludes food safety. rendous loss of life in New York, our on the horizon as far as the human eye Our current public health system is own cities are the battlefield of the and as far as our computers can see, ill-funded, fragmented, and unprepared 21st century. and certainly as far as the end of the to respond adequately to the threats The President has said that ‘‘we are President’s second term, if he should posed by bioterrorism. The anthrax- fighting a two-front war . . . our choose to run, if the electorate should laced letters sent through the mail af- enemy is fighting an army, not only choose to elect him, and if the Good forded us just a glimpse of the terror, overseas, but at home.’’ Our domestic Lord chooses to let him live. army against terrorism is made up of Under the guise of budgetary dis- the fear, the concern, the apprehen- those who work to enforce our laws, cipline, the administration has chosen sion, that could result from a more se- those who work to secure our borders, an arbitrary number—independent of rious biological attack involving those who manage the Public Health whether or not that amount can pro- smallpox or Ebola. Service, and those who provide for the vide for our homeland defense needs— We know that rogue nations like security of our Nation’s airports and and the administration has decided to Iraq, Iran, and North Korea are devel- nuclear facilities. Just as we provide oppose or to postpone until next year oping biological and chemical weapons. for the finest and most capable mili- any spending above that line regardless We know that bin Laden loyalists have tary, we must provide for the defense of the need or purpose. conducted research on chemical and bi- of our homeland because, as I say, here, Osama bin Laden does not care one ological weapons at 40 sites in Afghani- too, is the front line. whit, not one snap of the finger, about stan.

VerDate 05-DEC-2001 05:51 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.025 pfrm04 PsN: S06PT1 S12504 CONGRESSIONAL RECORD — SENATE December 6, 2001 The Administration has proposed $1.6 ministration’s funding proposal, this the health community, the security billion for bioterrorism prevention, package prioritizes funding to ‘‘first re- community—and say, we are in a posi- just barely enough to increase our sup- sponders’’ at the state and local level. tion now to help move your program, ply of smallpox vaccine and other nec- The bulk of the funding is directed to- and move it ahead. Much of this re- essary pharmaceuticals alone. To fit ward improving our public health de- quires a response from others. If we into the President’s budget request, partments, beefing up local lab capac- don’t provide the resources here with the Health and Human Services De- ity, and expanding the Health Alert which to do it, when is it going to hap- partment even cut back on its repeat- Network. pen? We are going to delay it, 60, 90, 120 edly stated goal of purchasing 300 mil- Also, included in my homeland secu- days? Who knows how long. lion small pox vaccine doses, choosing rity package is $575 million that would This is an opportunity, as the Sen- to rely instead on diluted versions of be directed to the Food and Drug Ad- ator has seen, to move now to address older vaccine doses left over from the ministration, and the Department of these pressing concerns. If we want to 1970s. Agriculture, to help prevent and re- move the economy back up, a way to The Administration’s chief public spond to the malicious introduction of do it is to provide to the American peo- health expert, the director of the Cen- a highly contagious disease into our ple a sense of security and functioning ter for Disease Control and Prevention, food supply. Aside from the obvious within their own homeland, which the Dr. Jeffrey Koplan, indicated that the health threat, agro-terrorism would se- Senator has done, and about which he Administration’s proposal is ‘‘too lit- verely disrupt the economy and public has spoken quite eloquently. tle, too late.’’ confidence in the food supply. I register my very strong support for Moreover, Dr. Koplan estimates that We have to be conscious of the possi- this initiative and thank the Senator it will take at least $1 billion to bring bility that terrorists will act against for, once again, moving forward to pro- state and local public health agencies our crops, against the Nation’s live- vide very important leadership in this up to speed to be able to recognize and stock and threaten the lives of people critical matter facing our Nation. respond to an incident of bioterrorism. through the food they eat. Mr. BYRD. Mr. President, the Scrip- Yet, the Administration has proposed a We need only look to the recent out- tures say that a word fitly spoken is paltry $115 million to increase State break of mad cow disease in Japan to like apples of gold and pictures of sil- and local health capacity. Our proposal see the chaos and economic devasta- ver. The words of the distinguished includes over $1.3 billion for expanding tion that would follow an agro-ter- Senator from Maryland are fitly spo- State and local health capacity, twelve rorist attack. I doubt many Americans ken. The time is now. The danger is here. times the President’s request. would find comfort in the fact that the It is now. State and local health departments FDA only has the resources to inspect Now, several subcommittees under are considered the weakest link in the 0.7 percent of all imported food. Not 1 the Appropriations Committee have Nation’s defense against bioterrorism, percent, only 0.7 of 1 percent. The FDA had hearings, and I have been able to and experts say they must take a range only has the resources to inspect 0.7 attend some of those hearings. We have of steps to improve readiness, including percent of all imported food. heard eloquent witnesses appear before increasing their laboratory capacity When it comes to the health and safe- those subcommittees and testify to the and hiring more epidemiologists to ty of the American people, we cannot need of appropriations now, aside from track disease. afford to cut corners. We cannot afford the fact that it is at the State and The Secretary of HHS, Tommy to gamble. We cannot afford to tempt local levels where the need exists now. Thompson, when he appeared before fate. We must not deal with bioter- I saw in the paper, I believe in the our appropriations subcommittee to rorism on the cheap. last week, a headline that the State of speak about protecting the American Mr. SARBANES. Will the Senator Virginia was suffering a $1 billion people from an outbreak of smallpox, yield? shortfall in State revenue. The State of said every State should have at least Mr. BYRD. I am happy to yield. Virginia is not alone in that respect. one epidemiologist. Experts say they Mr. SARBANES. I add the observa- Most States in this country are suf- must take a range of steps to improve tion, we cannot afford to wait, either. fering shortfalls in their budgets. They readiness, increasing their laboratory Every one of the items—and I com- need help. They need money now. We capacity and hiring more epidemiolo- mend the Senator for his extraordinary cannot wait, as the distinguished Sen- gists to track disease. Who will be the leadership and initiative in this re- ator from Maryland has said. first to respond to a biological attack, gard—every one of the items covered In putting this package together, we the State and local health officials by his homeland defense program are have tried to consider those items down in Beckley, WV, the local law en- matters we should address now, today, which are purely for homeland defense. forcement officers at Sophia, popu- this week, this month. On the question of the need of States lation 1,182? They cry out for a commitment of re- and cities for Federal aid, 39 States— These are the people who will be sources to address airport security, get this, 39 States—today, right now, first. The Feds may come within 6 port security, border security, the nearly 4 out of 5 States, are in a reces- hours, 8 hours, or 10 hours, but those postal system, the assistance to State sion or near a recession. Since March, who will respond first are those law en- and local antiterrorism law enforce- the number of States in recession has forcement and health officials, fire de- ment, the firefighters, bioterrorism nearly doubled to 20 States from 11 partment people who are there on the prevention, and protecting the nuclear States with the terrorist attacks of spot. They will be the first to die, and powerplants. And in every one of these September 11 helping to push some they will be the first to act to prevent items, there is not a one of them we over the brink. others from dying. can look at and say, let’s leave that; I will refer to this statement of facts Fewer than half of these health de- we will do that later; there is not a again later. partments have access to the modern pressing need. I thank the distinguished Senator fax machines capable of expeditiously There is a pressing need now for from Maryland. He is right on point. alerting hospitals of a bioterror threat. every one of these items. I commend My homeland security package also Our local health care providers are the Senator for moving forward with contains $1 billion for Federal, State, more likely to receive critical health this initiative. Governor Ridge himself and local law enforcement. The attacks advisories from CNN than they are has said he will come in next year and of September 11 dramatically, and from other health care officials. ask for significant resources. But he tragically demonstrated that our coun- My homeland security package would needs them now. My perception is that try’s law enforcement agencies need provide an additional $3.9 billion to not Governor Ridge is being undercut in greater support to counter the ter- only expand the development of the his effort to deal with homeland secu- rorist violence that has reached our Federal pharmaceutical stockpile and rity by the fact that he is not picking shores. our supply of the smallpox vaccine, but up the additional resources he needs in They need this support and, as we also to expand state and local health order to go out into these commu- have already indicated, the States can- care capacity. In contrast to the ad- nities—State and local governments, not provide it. The money is not there.

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.048 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12505 They are already running into deficit, Mr. BYRD. Yes. sonnel. The Office of Homeland Secu- so they are looking to the Federal Gov- Mr. SCHUMER. If we waited until rity has asked State police to increase ernment to help. next spring, could it be that the poten- their patrols of State nuclear facilities, Of the $1 billion included in this tial of our FBI to catch the terrorists without any Federal compensation or package, $225 million would be used to or prevent the next—God forbid—ter- timetable for how long state assistance improve communication and coordina- rorist incident from occurring in Amer- will be needed. Meanwhile, the activa- tion between the FBI and the 43 Fed- ica would be greatly downgraded and it tion of 57,000 National Guard and Re- eral agencies involved in would increase the chances that— servists to support the Armed Services counterterrorism activities here at again, God forbid—some other incident during our operations in Afghanistan home. might occur? and our counter-terrorism activities Former drug czar Barry McCaffrey Mr. BYRD. The Senator is correct. here at home has drained the man- testified before the Senate Govern- Why wait? Why toy with ‘‘wait’’? Why power of many State and local police mental Affairs Committee in October gamble? Why not act now? departments. that the FBI’s computers are woefully The Senator knows we have wrapped According to the National Governors’ inadequate—those were his words, the a ribbon around this homeland defense Association, State police patrols of our FBI’s computers are ‘‘woefully inad- package which says, in essence: Mr. nuclear facilities will cost States an equate’’—and that the computers in President, you may use this or you extra $58 million this year. It will cost the homes of most Americans are more may not use it. So we have an emer- another $46 million to secure our dams advanced than those used by FBI gency designation. It is an emergency, and bridges, $28 million to protect gas agents in the field. Think of that. Mr. President, and you have the key. pipelines and power stations, and $75 He also stated that a current FBI’s You have the key. So it is your call, million to assist Federal authorities computer upgrades effort is hampered but here are the tools. If you need with patrolling our borders. by budgetary constraints. This $225 them, you won’t have to wait until Who makes up the National Guard? If million that is included in this red sec- next spring. I am wrong, I would like someone to tion of the pie chart would jump-start The thing about waiting until next point it out to me. Do doctors serve in those upgrades and move the Bureau’s spring is we are really waiting until the National Guard? Do policemen? Do technology into the 21st century. next summer or next autumn because law enforcement personnel? Do para- I see the distinguished Senator from the supplemental request doesn’t come medics at the homefront and at the New York, Mr. SCHUMER, on the floor. up on one day and end up being signed local level serve in the National Guard? He is listening raptly. He has indicated by the President on the next day; there Then why should we take those men that he wishes to make a point. I yield have to be hearings and so on. and women away from the local level for that purpose. We have had the hearings now that where they are most needed and where Mr. SCHUMER. I thank the Senator, indicated a dire need for these emer- they will be the first to answer the call our leader from West Virginia, for the gency items. So we are putting this and send them up there to the northern package he has put together. As some- ribbon, this blue ribbon that says border to patrol the border? What sense body who chairs a subcommittee that emergency, E-M-E-R-G-E-N-C-Y, on it. does that make? We need to keep them oversees the FBI, I would like to say to Why? Of what are we afraid? Why don’t at home. the Senator from West Virginia that we want the President to have this so According to the U.S. Conference of when the FBI came and testified before he can carry out his commitment to Mayors, Los Angeles has spent more us, and the Senator from West Virginia protect the American people from the than $11 million so far due to increased asked them what their No. 1 attacks of terrorism? He made that security costs and lost revenue related hinderance was in fighting the war on promise. to the September 11 terrorist attacks. terrorism, they said it was lack of re- Mr. SCHUMER. I thank the Senator. The city’s police and fire department sources. Their computers —I would just Mr. BYRD. I thank the Senator. deficits have doubled. like to ask the Senator if he is familiar I also included $150 million in this In Boston, Mayor Thomas Menino with this—in one part of the FBI can- package for cyber security. It is alarm- must now pay $20,000 in additional se- not talk to the computers in the other ing to know that the next terrorist at- curity costs every time a tanker enters part of the FBI, let alone talk to the tack could cripple our Nation’s econ- his port carrying liquefied natural gas, computers of the CIA, the NSA, the omy simply by a few strokes of the and 42 tankers are on the way. Police INS, the ATF, and all of the other keyboard. Cyber-attacks have cost our overtime expenses alone in Boston so agencies. economy $12 billion this year alone. far total about $700,000. I would like, before asking the ques- Just imagine the frightening con- Denver Mayor Wellington Webb is tion, to compliment the Senator. This sequences if a cyber-terrorist were to facing a long list of emergency needs, is desperately needed. We are at war on take control of one of our financial in- including biohazard-decontamination our homefront as much as we are at stitutions, or to take control of one of units, protective suits, bigger stores of war in Afghanistan. I think it was Vice our power grids, or to take control of antibiotics and drugs, special cameras, President CHENEY who said we will lose our air traffic control system. That can an anthrax detector, and a prepared- more people on the homefront than on happen. ness guide for every household that the battlefront. So I cannot see why we Of the $1 billion included for will cost in total $610,000. would not do this when our own people antiterrorism law enforcement, one- In Baltimore, Mayor Martin O’Malley throughout America are at risk. half, or $500 million, would be directed spent $2 million in overtime for police But I would like to ask the Senator if to State and local law enforcement and fire departments in the first three he has heard of this almost primitive agencies. This is where the rubber days following Sept. 11. By year’s end computer structure at the FBI—that meets the road in law enforcement. the added security costs are expected the computers are not able to talk to State and local police departments to hit $14 million. one another within the agency, let are stretched thin enough, due to the Security costs in Dallas have passed alone to others? And would the pack- need for an increased security presence $2 million and could reach $6 million by age deal with that problem in every throughout our cities and States. the end of the year. way that the FBI might need? Twelve-hour days and overtime pay for At a time when our State and local Mr. BYRD. There is $225 million in State and local law enforcement per- governments are cutting budgets due this package to jump-start the effort to sonnel have become the norm since to the recession, our State and local upgrade those computers. They are the September 11. Right here in this city, law enforcement need our support, and instruments of communication be- in the capital city here around this they need it now. tween and among the FBI and the Capitol Building, this building which is Ms. STABENOW. Mr. President, will other agencies. It is a dire need, and it the most splendid edifice in the world, the distinguished Senator yield for a should be met now, not next spring. this has happened. It is taking place moment? Mr. SCHUMER. Will the Senator here: 12-hour days, overtime pay for Mr. BYRD. Mr. President, I am happy yield for another question? State and local law enforcement per- to yield to the distinguished Senator.

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.051 pfrm04 PsN: S06PT1 S12506 CONGRESSIONAL RECORD — SENATE December 6, 2001 Ms. STABENOW. Thank you, very I congratulate the Senator from West wife to go to the mailbox. Who knows. much. Virginia. There is a tremendous sense There could be an envelope in that As a Senator from Michigan, I want- of urgency in my State of Michigan mailbox that could have some deadly ed to rise to agree totally with what and around the country. People assume pathogen enclosed. It could be your Senator BYRD is saying today about we are acting. We are acting together wife. It could be your daughter, your the pressure on our northern borders in the defense of our country overseas. father, your husband. This is real. and our law enforcement officials who It is now time to act in defense of our How do we know? I know. My staff are now donating overtime on the bor- homeland. has not been in their offices since Octo- ders. In Michigan, we have four dif- That is what the Senator from West ber 15. That is how I know. We are lo- ferent border crossings. We have the Virginia is proposing, and I am hopeful cated in the southeast corner of the busiest bridge in the country through that our Senate colleagues will join in Hart Building. How many letters have Detroit. We are stretching our local supporting the plan that he has put for- I received since October 15 from my law enforcement to the limit, and we ward, and which is so needed for all of constituents, who send me here to vote are using our National Guard as well. our families. to protect them and to protect their in- But we certainly have tremendous Mr. BYRD. Mr. President, I thank terests? How many letters have I re- pressures on us. the very distinguished and able Sen- ceived? Twelve. We received 12 yester- I wanted to congratulate the Senator ator from Michigan for her cogent, day, 12 letters. It is real. from West Virginia for what he is pro- very persuasive and forceful remarks, And we seek to protect ourselves. We posing. and for the observations she has made have fumigated the offices. We have I also wanted to quote for the RECORD with respect to the needs of those at taken action to decontaminate the of- part of an article that was in the De- the local level who bear a responsi- fices so that our people can move back troit Free Press, entitled ‘‘State’s bility to detect and to respond in the into those offices. Action has been Health Care System Unready for Major first instance to acts of terrorism on taken to clear the streets nearby while Bio-Terror.’’ the part of those who have said to us: these things have been going on to de- It says: We will kill Americans. contaminate our offices. As to the FEMA firefighters pro- How about the people on Main Street The call came late the evening of Oct. 25 to in Sophia, are they being protected? the top health officer for two Upper Penin- gram, many people are just now begin- sula counties. ning to appreciate the critical role Oh, it is easy to say to our people: Go Dr. John Petrawsky was told that a woman played by our Nation’s firefighters. We about your business. Everything is OK. who had exhibited only mild cold symptoms have taken these heroes for granted Get out there and go to the stores, go the previous day had died. Her relatives said and, tragically, they have been denied to the movies, go to the restaurants, she had received a stranger letter with pow- the funding resources necessary to en- buy, buy, buy. It is easy to say that. It der in it the week before. is easy for me to say: Come to West Was this anthrax? able them to do their job as safely and effectively as possible. Their job is to Virginia. We want to build up our tour- A pathologist at Marquette General Hos- ism in West Virginia. Come to see West pital refused to do an autopsy, fearing his fa- protect people—men, women, old peo- Virginia. Come to see Washington. I cility couldn’t contain lethal bacteria. No ple, children. That is the job of these can say that, can’t I? one at the state Department of Community firefighters. Why? I have much in the way of pro- Health in Lansing knew where the nearest Last year, Congress took action to tection here, and so does every other properly ventilated autopsy room might be, begin to address this provision by cre- Petrasky said. Senator. The President pro tempore ating a new Federal program to provide Finally, a pathologist tracked down by the has security—takes him home with direct assistance to fire departments. U.S. Centers for Disease Control and Preven- him at night, brings him to the office Administered by the Federal Emer- tion advised doing a limited autopsy. The in the morning, stays in the office gency Management Agency, the Assist- Marquette doctor agreed, and 19 hours later, daily, stands outside the office, ready Petrasky had his answer: It wasn’t anthrax. ance to Firefighters Grant Program re- to protect the President pro tempore The woman had died of something com- ceived an initial appropriation of $100 pletely unrelated, and the crisis was averted. against all comers. million, which was quickly depleted by The President goes in Air Force One, Or was it? tremendous demand. The agency re- In the weeks since Sept. 11, many Michigan the Vice President goes in Air Force hospitals and public health agencies are real- ceived more than 31,000 applications to- Two, other people high in the Govern- izing how ill-prepared they are for biological taling nearly $3 billion in requested ment have protection. or chemical warfare. Many hospitals lack funds—almost 30 times the amount ap- Out here we have concrete barriers. proper decontamination and laboratory fa- propriated. You cannot get into this Capitol with- cilities. Public health departments are This package includes $300 million in out being carefully scrutinized and strapped by low staffing levels and inad- grants to State and local communities having your pocketbooks opened and equate communication between the depart- to expand and improve firefighting pro- your packages carefully inspected. We ments and the state. Doctors are learning grams through FEMA firefighting they may not know how to spot rarely diag- are protected. We live in this little, nosed diseases like anthrax. grants. Over 50 percent of that funding tiny bit of the world. After years of hospitals and public health goes to volunteer fire departments in The worm crawled upon the clod, and departments being pushed to run lean, some rural communities. the worm said: Aha, I see the world. say what’s left is a system that can be over- Some rural communities in this The squirrel climbed the tallest pine burdened by a bad flu season. country are using fire wagons, fire- in the southern hills, and he looked ‘‘We don’t have enough beds. We don’t have fighting machines, and fire trucks that about him and he said: Aho, I see the enough nurses.’’ are 20, 30, or 40 years old. In the coun- world. This is a very serious situation. tryside, the volunteer fire department The eagle—the national emblem of I cannot imagine a greater urgency. is the first and only entity available to our country, the eagle—flew high above I wanted to thank the Senator for his deal with a crisis. the Earth into the blue heavens and leadership on this issue. Now, we have heard much about the said: Ho-ho, I see the world. I cannot imagine why we would not letters that have come to the Senate So we see the world in our own little be coming together 100 Members strong leader, Senator DASCHLE, and to the corner here. I feel safe—fairly safe—be- in this Senate. We understand more Senator from Vermont, Mr. LEAHY, and cause of all these protections here. But than anyone else, given what has hap- to some other Americans. So today the we do not see the world as that miner pened in our own complex with anthrax American people are victims of ter- or that farmer, that office worker, that and the difficulties and challenges of rorism by mail, delivered to your professional, that lawyer, that min- finding out how to respond to it. We home, brought to your street address. ister, the housewives, the school- can only imagine how small commu- We will deliver it, packaged, ready to teachers out in the rural areas of the nities in northern Michigan are strug- kill. country or who are out in the greater gling when they believe they may have, This is not something that might urban cities. in fact, encountered something related happen sometime in the future; it is We do not see things as they see to bioterrorism. happening now. I do not like for my them. They do not have Secret Service

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.053 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12507 to protect them where they go. They The words read ‘‘postal security, $875 that equates to about one INS inspec- do not have security personnel to pro- million.’’ tor for every 8 miles and one patrol tect them, as I have. They do not have This package provides an additional agent for every 12 miles of the 4,000- the concrete barriers out there. They $875 million to begin to make the secu- mile-long northern border. do not have the physician just 2 min- rity changes necessary to keep the Of the 113 northern border ports of utes away from my office. They live in mail moving and to allow the Postal entry, there are 62—more than half—62 Service to respond immediately to this a different world. small ports that do not operate on a 24- Why can’t we see it through their and future terrorist attacks. hour basis. Just imagine pulling up to eyes? Why can’t we take off the green How little did I imagine, when I came one of those 62 ports of entry along the eyeshades and see the world as our peo- to this great institution, the legisla- northern border where we don’t have ple see it—the people out there who are tive branch, 50 years ago next year, agents 24 hours at a time. There you subject to these terrorists, who run how little did I realize that there would will see a sign that says ‘‘stay out.’’ these risks every day, those who come come a day when our mail would have There you will see a yellow cone—not a into Penn Station in New York. Seven to be screened, when I, as an elected person, not an INS agent, not a Cus- hundred fifty trains every day come representative of the people of West into that station—500,000 persons: Com- Virginia, would see my staff forced to toms agent but a yellow cone. It is muters, tourists, people on their way evacuate the U.S. Senate office build- open some hours of the day when there to work—500,000 every day. Can they ing in which they were located? How is nobody there during certain times of see the world through our eyes? little did I foresee that the time would the day. They come in the tunnels, tunnels come when, over this long period of This week the Attorney General an- that were built before World War I, time since September 11, only 12 letters nounced an emergency program to tunnels that are inadequately lighted, would reach my office from my con- place National Guard troops on the inadequately protected, and without stituents, and only yesterday did the 12 northern border. A Justice Department adequate means of access—ingress and letters come. I never dreamed of such a official stated that ‘‘it is a great vul- egress—without adequate escape thing, never dreamed of it. nerability that needs to be dealt with routes, without adequate ventilation. Yes, I was there in the House of Rep- immediately.’’ resentatives when the Puerto Ricans, Those are the tunnels. This package reads, ‘‘border security, Those people face these potential ter- who were in the galleries, shot Mem- $591 million,’’ for additional Border Pa- rorist acts every day, going to work, bers of the House who ran for the trol agents and screening facilities pri- coming from work, wanting to do no doors, who fell behind the desks, and marily on the northern border. We more than just earn an honest living, who fell in the center of the floor of the must provide the funds and we must do earn their daily bread by the sweat of House of Representatives, wounded. so now. their brow. They need protection. Who Not until then did they require that are we to deny it to them? Fie on us. Members have cards that they could I spoke a moment ago about our sea- We know the need is there. And we present to the galleries. I sat there ports, our lack of adequate port secu- know it is our responsibility to provide tongue-tied as I watched. I thought it rity. Our seaports are perhaps the it. And we are doing it. We are doing it was a group of demonstrators using weakest link in our national security. in the package here that has a little firecrackers or some such until I saw Yet they are just as important to our blue ribbon around it that says: Mr. Members fall. border security as are our land borders President, you can spend this. It is Little did I know at that time that with Canada and Mexico. And yet they here. You do not have to spend it, but the day would come when this deadly remain dangerously exposed. Ports are here it is—right now, tonight —if you anthrax would be delivered right to our international boundaries through need it to protect the people. building, right to our doors, the office which 95 percent of U.S. international That first phrase in the preamble to doors, right to the desks of the work- trade arrives. the Constitution of the United States ers. I never thought about that. But we Last year, we imported 5.5 million says: ‘‘We the People of the United know it now. trailer truck loads of cargo. Yet the States, in Order to form a more perfect Our border security is dangerously U.S. Customs Service has the resources Union....’’ That is not talking about underfunded. It leaks like a sieve. to inspect only 2 percent of the cargo an aisle that separates one party from Right now, today, the Immigration and that enters this country by sea. the other. That is not talking about in Naturalization Service conducts some order to form more perfect political 500 million inspections at our ports of As we were preparing this package in parties —‘‘a more perfect Union.’’ And entry every year. Yet there are only my office, Senator HOLLINGS raised the now is the time when we should do our 4,775 INS inspectors to process these warning sign: The need for money to be part to form that ‘‘more perfect hundreds of millions of visitors. That is used for security of our ports. Union’’ right here in this Senate and one inspector—just one—for roughly With only 2 percent of the cargo that join together and vote together to sup- every 100,000 foreign nationals who enters the country by sea being in- port this eminently sensible package. cross the Nation’s borders. spected, that means a terrorist would The U.S. Postal Service is a $70 bil- There are only 2,000 INS investiga- have a 98-percent chance of sneaking lion organization, and it is part of a tors and intelligence agents to track illegal and dangerous materials into $900 billion industry. It has seen mail aliens who have entered this country this country. So our chances are 2 out volume drop by 7 percent since Sep- illegally, overstayed their visas, or of 100. The terrorists’ chances are 98. tember 11 and lost between $200 million otherwise violated the terms of their So it is 98 to 2 percent. and $300 million in revenue. The Postal status as visitors in the United States. Service reported a $1.7 billion loss in That is one—just one —investigator for The average shipping container fiscal year 2001—on top of $200 million every 4,000 illegal aliens. measures 8 feet by 48 feet and can hold in losses last year. The U.S. Customs Service currently 60,000 pounds. That is just the average. The Postal Service has asked for $3 has the resources to inspect only about A bulk ship or tanker transporting billion to cover the cost of equipment one-third of the truck cargo crossing cargo can hold hundreds of times the to safeguard the mail. In response, the the southern border. And of the 400 amount of explosives or other dan- administration has provided $175 mil- ships that dock in the 361 ports of this gerous materials that could ever be lion so that the Postal Service can buy country, only about 2 percent of the smuggled on an airplane or a truck gloves and masks for now and has cargo is inspected. crossing a land border. While agents at promised more money later. It is al- On our northern border with Canada, the U.S.-Mexican border are tearing most laughable, if it were not so seri- the Immigration and Naturalization the seats out of a car to search for ous. Service currently has 498 inspectors at drugs, a crane just up the coast a little That is not enough money for the ports of entry and 334 Border Patrol ways in Los Angeles can lift thousands Postal Service to deal with this crisis agents assigned to the northern border. of truck-size cargo containers on to the that is happening right now. Here it is. That is a 4,000-mile-long border. So dock with no inspection at all.

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.056 pfrm04 PsN: S06PT1 S12508 CONGRESSIONAL RECORD — SENATE December 6, 2001 I remind my distinguished colleagues According to the Washington Post of his life as anything. He will gladly con- that Osama bin Laden has vast ship- December 4, U.S. intelligence has com- sider it an honor to lay down his life, ping interests which he used to trans- piled credible information that Osama not for his friend, as the Scriptures port and sneak into Kenya and Tan- bin Laden and his al-Qaida terrorist say, but to kill Americans. He would zania the explosives used in the U.S. network have taken several dis- count it an honor. Embassy bombings. concerting steps toward developing ra- Remember, they have shown they Last month, a suspected member of diological weapons. The Post reported can deliver catastrophe, disaster. They the al-Qaida terrorist network was ar- that bin Laden and his loyalists ‘‘may can guide a plane into each of two rested in Italy after he tried to stow have made greater strides than pre- world towers. They can demolish them. away in a shipping container heading viously thought toward obtaining plans They can kill thousands of people. We to Toronto. The container was fur- or materials to make a crude radio- need not ponder as to whether or not nished with a bed, a toilet, and its own logical weapon that would use conven- they could find a way to deliver this power source—how about that, its own tional explosives to spread radioac- dirty bomb which, if exploded on The power source—to operate the heater tivity over a wide area, according to Mall in Washington, would render the and to recharge the batteries. That ter- U.S. and foreign sources.’’ buildings around The Mall uninhabit- rorist was ready, he was prepared. Ac- There you have it. Now we are being able. And if the wind were coming our cording to the Toronto Sun, the man warned. In fact, the Post relayed a dis- way, it would do the same with the also had a global satellite telephone, a comforting description of a meeting Capitol, and the people at the White regular cell phone, a laptop computer, within the last year in which ‘‘bin House would not be at the White House cameras, identity documents, an air- Laden was present when one of his as- any longer. They would have to go to line mechanics certificate, and airport sociates produced a canister that alleg- ‘‘undisclosed locations.’’ For a month? security passes for airports in Canada, edly contained radioactive material. For a year? For a decade? Picture that. Thailand, and Egypt. He had thought of The associate waved the canister in the What about the fear that would spread everything. This incident only expands air’’—as one would wave an aerosol air throughout the country? what type of cargo we must be looking spray. Ha, here it is; I have it; eureka— It was in 1991—10 years ago recog- for at our Nation’s ports. ‘‘The associate waved the canister in nizing the potential for the vast num- The danger is here, and it is now, and the air as proof of al-Qaida’s progress ber of Russian nuclear weapons to fall it is not waiting until next year’s sup- and seriousness in trying to build a nu- into the wrong hands, that the Con- plemental to cross the desk of the clear device.’’ gress created the Nunn-Lugar Program President along about the middle of Most young Americans have never to eliminate Russian nuclear weapons July or August. known the fears of nuclear war that in a safe and secure manner. The budg- Nuclear powerplants: In just the past once haunted their parents and grand- et for this program has been cut back few days, I can recall seeing headlines parents. They have never had to hunch for each of the last 3 years, but not be- in the Washington press about the dan- under their school desks in nuclear cause Russian nuclear weapons are now gers to our nuclear plants in this coun- drills or stock the family fallout shel- secure. In fact, in January 2001, a panel try. ter with jugs of water or cans of food in headed by former Senator Howard I have on the chart a map of the preparation for attack. We of our gen- Baker and former White House Counsel Lloyd Cutler found that the threat of United States showing where the nu- eration have seen these things. And terrorists getting their hands on Rus- clear power reactors are, in the red while, to date, we have seen no evi- sian nuclear weapons is the most ur- cone, and where the nonpower reactors dence that bin Laden has the capa- gent unmet national security threat to are. They are the reactors that are bility to deliver a nuclear warhead, he the United States today. Clearly that used for educational and research pur- has made clear his intention to acquire threat remains. My homeland defense poses. They do not produce power. The such technology, and it is increasingly package provides $286 million for nu- weapons complexes are shown by the evident that he may well possess and clear nonproliferation programs that green dots. The nuclear reactors are be prepared to use a crude version would help to get at these unabated shown by the red cones. The nonpower known as a ‘‘dirty’’ bomb. sources of nuclear material abroad. reactors are shown by the blue squares. Clearly, he is well positioned to pos- Moreover, my package contains $215 There are 19 States in this country sess such a weapon and the makings of million to help secure nuclear facilities that have no nuclear plants, that have such a device are pitifully easy to ac- on our own shores, and to peacefully no power-producing reactors. There it quire. engage these 60,000 nuclear specialists The key ingredient is radiological is. in Russia not employed now that the Mr. President, nearly every facet of material, which exists in abundance in Soviet Union has broken up. daily life that was America prior to Russia, just next door to Afghanistan, It has taken decades of public rela- September 11 must now be regarded in and right here in our own country at tions and education to begin to ease a new light. We have to climb upward nuclear power plants and research fa- the discomfort once prevalent among from the worm’s clod, upward from the cilities. While we would like to believe communities asked to house nuclear squirrel’s tree. We have to go above the that such material is closely guarded, energy facilities. Even now, though the eagle’s flights to see the world as it is the United Nations’ International Nation boasts 104 nuclear power reac- and as the people out there who sent us Atomic Energy Agency has confirmed tors, many Americans are unsettled at here see the world, not through green 376 cases of illicit sales of stolen radio- the thought of having such a nuclear eyeshades. But they see it every day. active materials since 1993. That was in neighbor. Nearly every facet of daily life must USA Today, November 3, 2001. Today, through long years of safe op- now be regarded in a new and different Although a dirty bomb does not have erations, nuclear power is a significant light. The face of our enemy has be- the kind of massive explosion that de- player in the international power gen- come increasingly clear in recent stroys broad areas, the detonation of eration game, and it is an important weeks. He is an enemy who will live such a weapon would have devastating part of America’s overall energy mix. among us. He is an enemy who will consequences. Some experts have esti- (Mr. DAYTON assumed the Chair.) enjoy our generosity and the blessings mated that a single such bomb could Mr. KENNEDY. Will the Senator of our freedoms. Then he will callously cause 100,000 casualties within a 3-mile yield for a question now or sometime turn all of these against us. radius in an urban area, and render it later in his presentation, whatever This is an enemy with no fear of uninhabitable for years, if not decades. would be agreeable? There are some death. None. He will count it an honor If we Senators think we have been questions in particular on Nunn-Lugar to die, to kill Americans and to die in terribly put out by the evacuation of I am interested in addressing to the the act. He will be immediately en- our staffs from the southeast corner of Senator as it applies to the whole issue tered into paradise. They have no fear the Hart Building—and my staff falls of bioterrorism. But I am glad to wait, and apparently little regard for life. into that category—if we think that is if he desires, to inquire of him after he This is the enemy of our nuclear night- bad, let the terrorists find some way— has some additional time for his pres- mares. remember, bin Laden does not count entation.

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.058 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12509 Mr. BYRD. If I may continue for an- terrorism potential is sure to identify public health. It is probably the most other minute or two, I will be happy to additional security risks and rec- distinguished group of individuals that yield. ommend additional security measures. have studied this problem—long before Mr. KENNEDY. I thank the Senator. Make no mistake about it, our over- September 11. Many have been involved To keep it that way, nuclear power dependence on foreign fuels, particu- in the elimination of smallpox, as has companies and the NRC recognize the larly from lands where political ten- Dr. Henderson. And having worked in need to reassure the public that their sions run high, is a vulnerability wait- the former Soviet Union, he rec- plants are secure—not only secure in ing to be exploited. If our energy grid ommended we needed at least $835 mil- the sense of the pre-September 11 is dismantled, if our power plants are lion just to begin to meet the public world, but also impervious in the post- attacked, if our nuclear advances are health needs to fight bioterrorists. September 11 world. That may be one pirated and turned against us, America That recommendation was made prior tough job. will feel the shockwaves. Moreover, if to the anthrax incident. Nuclear plants, though built to tough our nuclear plants are assaulted, if We have had the National Governors standards, were not designed to with- they can be made into weapons in our Association discussing their estimate stand the impact of a commercial jet- own backyard, the confidence of the in terms of the needs they face in pub- liner. But what is really disturbing public so carefully nurtured by the nu- lic health. We have had the American may be that, even though the plants clear industry in recent years would be Hospital Association discussing $11 bil- have been designed with a goal of stop- destroyed. It would be a heavy blow to lion so hospitals can be prepared. We ping an assault on land—something our Nation’s energy security. have had Johns Hopkins University, along the lines of well-armed intruders I am happy to yield to the distin- which houses probably the most in heavy trucks or SUVs storming the guished senior Senator from the State thoughtful bioterrorist center in the plant—their tested security perform- of Massachusetts, if he so desires. country, which Dr. Henderson headed. ance is surprisingly poor. Mr. KENNEDY. Thank you very They said just to make the hospitals In fact, according to another recent much, Senator. ready in the major cities is another article in The Washington Post though In reviewing the content of your pro- $750 million. the plants are always warned in ad- posal, I would like to ask a question. vance about the NRC’s tests, which in- We believe as a Congress and as the This is billions and billions of dol- volve mock assaults by actor-intrud- Senate of the American people in giv- lars. I am impressed by the fact that ers, 47 percent have revealed ‘‘signifi- ing the full support we can possibly the Senator’s amendment is a modest cant weaknesses’’ in their security give to the men and women fighting in amendment. It is targeted to current forces—significant being something in Afghanistan—supporting their efforts needs and can be expended imme- the realm of an American Chernobyl. with the best equipment, the best tech- diately in order to make sure there There are, however, other less well- nology, the best leadership, and the would be safety and security for our publicized security problems at our nu- best training. We have had good discus- fellow Americans. clear facilities that need attention sions and debates over a period of time I have difficulty understanding why now. as to how that can and should be done. the administration wants to wait until Questions about just who is employed I don’t know if the Senator was there next year to start this process when we in our nuclear program in this country when we had the Secretary of Defense know if we wait, we are putting at risk are begging to be addressed. The Los briefing Members of the Senate. He was the lives and the well-being of our fel- Alamos Laboratory scandal provided a asked specifically: Was there more to low citizens. I am interested in asking mere glimpse of the security chal- do? the Senator, if we are listening to the lenges confronting a field whose pay- His response was: We will have a best in terms of our military advice, rolls are thick with foreign-born em- chance after the first of the year. shouldn’t we listen to those experts in ployees, and a nation that has long As someone who listened to that the area of bioterrorism who are advis- provided educations to foreign students briefing, I certainly felt, as a Senator ing and giving us notice. Shouldn’t we seeking to build careers in such fields from Massachusetts having supported listen to those experts who have an as nuclear physics. the past Defense appropriations bills, awareness of the countries needs, and Moreover, in response to concerns we had done what was necessary to se- try the best we can to follow their rec- about ‘‘dirty’’ bombs, many industry cure the defense and to carry forward ommendations? critics are currently looking with re- America’s interest in the battle Is not the Senator’s amendment a re- newed concern at the 40,000 tons of against terrorists. flection of the best in terms of those spent fuel stored at operating and shut Now I ask this question: It appears to who have studied this problem? down plants in our own country. These me we have followed our experts in as- radioactive pools, housed in standard suring that those who are going to be Mr. BYRD. Mr. President, the Sen- concrete or corrugated buildings, have on the front lines of the military will ator is preeminently correct. As we in never been the focus of NRC security have the best resources. Shouldn’t we my office, our staff, considered this tests. The Union of Concerned Sci- follow the experts who are similarly package, we were mindful of the testi- entists reportedly refers to these build- engaged in trying to advise us as Amer- mony that had been given in the appro- ings as ‘‘Kmarts without neon.’’ To a icans what we can do and must do in priations subcommittees. We were determined terrorist, they are thrift order to battle against bioterrorism? It mindful of the subcommittee that had stores of bomb-making material. seems to me in reading through the been chaired by Mr. DORGAN, the sub- NRC Chairman Richard A. Meserve, thoughtful, compelling rationale for committee that had been chaired by conservatively referring to the events the Senator’s amendment, that is just Mr. HARKIN, the subcommittee before of September 11 as ‘‘a wake-up call,’’ what this amendment does. I ask fur- which Senator KENNEDY and Senator conceded that the terrorist acts have ther if the Senator would not agree. FRIST, the eminent ‘‘one’’ physician in changed the agency’s attitude about We have just heard in the past few our midst, before which subcommittee ‘‘reasonably foreseeable’’ threats, and weeks the head of homeland security, they appeared and recommended mon- ordered a ‘‘top to bottom’’ review of se- former Governor Ridge, say: Next year, eys be spent for bioterrorism. I was curity rules. But whatever the outcome we are going to have to spend billions visibly impressed by their testimony of the review, action is needed sooner and billions of dollars to build up our and commented on it. They had studied rather than later. public health systems so we will be this matter quite at length. They had The plants have already been placed able to have an early warning system listened to the specialists in the field. on high-alert. Defenses have been bol- in this country. That is what has been They had listened to the Governors. stered on land, in the air, and on near- recommended by the public health sys- They had listened to mayors. They had by waterways. Patrols of local police, tem that has studied the program. He listened to legislators at the State as well as private security businesses is talking about billions and billions of level. They came up with this very and even some National Guardsmen, dollars next year. tightly drawn package, bioterrorism have been stepped up. All of these We have had the work group on bio- package. measures are costly. And a new review terrorism preparedness, a conference of We have used that information, used of our nuclear plants under the lens of leading experts in bioterrorism and that material and used the advice of

VerDate 05-DEC-2001 05:51 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.061 pfrm04 PsN: S06PT1 S12510 CONGRESSIONAL RECORD — SENATE December 6, 2001 the Senator from Massachusetts and Tennessee: How does anyone believe that is the advice of the Senator from Ten- Our communicable disease control in our somehow a failure of investing in the nessee, Mr. Frist, as we put this pack- 13 regions has been working night and day to security of this country? age together. respond to white powder exposures. The The bioterrorism amendment of the So in that bioterrorism area, we have State laboratory has been overwhelmed with Senator is a few billion dollars. We are sought to improve the food inspection volume testing, 450 testings in 3 weeks. We spending billions of dollars overseas— lines, we have sought to provide for ad- have had to pull resources from other areas, and I support that. Why is it we are leaving us vulnerable to food-borne out- willing to spend billions of dollars ditional studies of advanced and second breaks. generation anthrax and other viral overseas to try to dislodge al-Qaida agents, and we have sought to provide In Wisconsin: that may kill some Americans in the for the laboratory specialists, the CDS We have processed more than 400 anthrax future, and fail to support the amend- and the labs at the State and local lev- related specimens since October 10. The ment of the Senator from West Vir- staffs are overwhelmed and overstretched. els, the moneys they need to deal with ginia, which is a few billion dollars in the next attack. This is true in just about every State order to protect American citizens? I You see, we are not dealing with just of the country. These examples are just just don’t understand it. the last attack. We are dealing preven- a result of these past weeks. The Sen- I don’t know whether the Senator tively, we hope, against the next at- ator is asking why should we take a can help me to try to understand the tack. chance with the health and the lives of rationale and reason for that because it Let me take this opportunity to com- the American people in not putting in seems to me he has made eminently pliment the distinguished Senator. He place the kind of mechanisms we have good sense. The amendment is based has been busy day and night, and so had recommended to us in order to pro- upon the solid record of those who have has Dr. FRIST, in talking about, in tect the lives of American people. studied this particular issue and is in working in connection with, this area Senator, earlier today in the Judici- response to the needs we are facing. of safety and welfare for the American ary Committee we heard from Attor- I know the Senator has other matters people. ney General Ashcroft. He spoke of all to which he wishes to speak. But I re- Mr. KENNEDY. I thank the Senator the emergency steps that are being member when we had the Office of for his remarks. taken in order to deal with the problem Technology Assessment. They did a I pay tribute to my colleague, Sen- of terrorism here at home. We are sup- study about the potential impact of an ator FRIST. Senator FRIST and I had portive of so many of those. We heard anthrax attack on the United States. It hearings going back to 1998, 1999, and of the extent to which we are going in was going to cost, for 100,000 Americans then passed legislation dealing with order to protect the lives of American who were exposed—it was going to cost bioterrorism and also drug-resistant people, and all the times we might $26 billion, for each 100,000 Americans bacteria. The kinds of problems we have to bend the civil liberties of the who were exposed. were facing, healthwise, were similar American people in order to protect We are talking about all different to problems with many of these patho- them. We are here to make sure we are kinds of possibilities. The Senator has gens. going to try to get it right—that those in his homeland security proposal a But I want to raise another question steps are going to be effective and they very important downpayment to make to the Senator. I have before me the re- are going to be able to do their job and sure we are going to meet those view of the States by the Public Health while also protecting our rights. threats. He has other very important Service. This is after the anthrax at- Now we come over here this after- measures to which I know other Mem- tacks that have infected 17 and killed 5 noon, and the Senator from West Vir- bers want to speak. But the evidence is of our fellow citizens. What we have ginia has an eminently reasonable, re- there. I mention finally on the bill the Sen- seen in the wake of these attacks is sponsible amendment. His amendment ator referenced—the bill Senator FRIST that our capacity to deal with this was responds to the findings, the rec- and I introduced—there are now 74 co- right at the edge of being overwhelmed. ommendations, and suggestions of peo- sponsors of that bill. Yours is a slight And not just in the particular regions ple who know this business, and we are degree above the Frist-Kennedy bill, where these incidents took place but told, well, we don’t have to deal with but there are 74 cosponsors for our bill. all across the country, all across the this. I, again, thank my friend and chair- Nation. I commend the Senator for his man of that committee for his fore- I will just read about a few of the thoughtfulness in bringing this to- sight in this area, and for all the good States. I will include in the RECORD a gether. work he is doing to protect families on few examples from the States that il- I will just make a final, quick point the issues of bioterrorism. I know that lustrate this. Let me mention these in- and ask the Senator whether he might later on we are going to have an cidents and ask the Senator whether agree with me. We have a strategic oil amendment by the Senator from Indi- this is something to which he believes reserve. We have this strategic oil re- ana with regard to the Nunn-Lugar his particular measures will respond. serve in order to protect the American proposal which will help deal with the Here is the State of Iowa after the industry and American families if we problem and dangers of nuclear pro- anthrax attack. This report is very re- run short of oil or if oil is going to run liferation. cent—just a few weeks old. They are excessively high in cost. I wonder why Also, we are concerned about the talking about the public health situa- we should not have a strategic pharma- dangers of proliferation of bioterrorist tion of Iowa. ceutical supply, so we are able to guar- material that exists in the Soviet The State and local public health systems antee to every child, every elderly cit- Union. The Soviet Union at one time have been overwhelmed trying to meet the izen, in this country that if we face the was able to produce 24 tons of anthrax needs of State and local law enforcement challenge of smallpox—that they will a day. They have stored that in various agencies in evaluating testing threats. We be adequately protected. If we can do it have been working 10-hour days and all areas. Even Mr. Chernov, who was a weekends, just to try to keep our heads in terms of oil, it seems to me we member of their national security above water. We need help. ought to be able to do it in terms of council, was warning that he was not smallpox. The amendment of the Sen- That is Iowa. satisfied that they had adequate pro- Ohio: ator from West Virginia moves us down tections. that path. Any Senator who supports We have processed 722 samples related to We are interested in trying to work the anthrax threats in the laboratory. The that amendment will be able to go cooperatively with the Soviet Union to signs of stress are showing in a number of back home, and in any town meeting contain it. staff as a result. they have with parents around this We are interested—as this amend- This is Ohio. country, they will be able to say: We ment will do—in building the early There is not enough staff to respond to all voted to make sure we are going to be warning systems through the public the tentacles that are out there with the able to provide smallpox vaccine if it health systems. We want to build and public in terms of these false attacks that becomes necessary to protect your support the treatment which is nec- were taking place. child. essary in terms of helping and assisting

VerDate 05-DEC-2001 05:51 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.027 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12511 the hospitals, and we want contain- to be a problem for him. We are trying to come into this country to commit a ment so that it will not expand. to help him. terrorist act, do we have the resources The Senator from West Virginia has I am sorry that I think he is being ill on the northern border to be sure that an amendment that deals with all of advised by some people around him. I we are going to catch suspected terror- those measures as a downpayment for will not name of whom I have sus- ists or those associated with terrorists every family to make sure they are picions. But I think the President is who are trying to come into our coun- going to be protected from a bioter- well meaning. I was impressed with the try? rorist attack. President when he spoke at the House At the moment, on the northern bor- I commend him and look forward to of Representatives. But I think he is der, Customs agents are working 12 to supporting his amendment. being ill advised. 14 hours a day, 6 days a week, and have Mr. BYRD. Mr. President, I thank This is not a party matter. It is not ever since September 11. the Senator for his cogent, lucid, and a Democratic matter. It is not a Re- The President did not request addi- very pertinent remarks. It boggles my publican matter. It is a not a Repub- tional resources for new Customs mind, it boggles my mind and my lican threat. agents. He requested some additional imagination that there is opposition to So help us. Let us join together and resources to pay for overtime, which this package. fulfill that first phrase of the preamble they will have to do given these out- Does the Senator know that we have of the Constitution: looks. But the fact is, we need more this package wrapped up and tied with We the People . . . in Order to form a more agents. We need new resources. a little blue ribbon, and on that ribbon perfect Union . . . It is very interesting that a request is the word ‘‘emergency?’’ We have an Let us form that more perfect union. was made by the administration for emergency designation on this whole Let us form it here. Let us form now Border Patrol agents and for immigra- package. that more perfect union. Let us have tion agents but not for additional Cus- If the President wants to use the no aisles separating Democrats from toms Service agents. money, it is there. We say: Here it is, Republicans on this issue. This is not a The Senator, with his amendment, Mr. President. We want to help you political matter. has provided for additional resources keep your promise to the military. I thank the distinguished Senator for for our border protection and border se- There is $21 billion for the military. his observations, for his good work in curity, especially on the northern bor- That is what the President said he this area, for his support of this effort, der. Is that not the case? Mr. BYRD. That is true. We have wanted for defense. Every penny is and for the leadership he is providing. Mr. DORGAN. Mr. President, will the presently 498 inspectors on the 4,000- there. We have not cut a penny. mile long northern border—334 individ- He said on September 20 to the joint Senator from West Virginia yield for a uals who travel from one area to an- session of the Congress—I was there, question? Mr. BYRD. Yes, I yield for a ques- other, the Border Patrol—and at 62 of the Senator from Massachusetts was tion. the 113 ports of entry along the north- there in the House of Representatives Mr. DORGAN. Mr. President, I want- ern border nobody is watching at cer- when the President spoke. ed to ask the Senator from West Vir- tain hours of the 24-hour day. Our Nation has been put on notice. We are ginia a question about the issue of bor- We are trying to provide additional not immune from attack. We will take defen- der security for which he provides in moneys in the amount of an extra $551 sive measures against terrorism to protect his amendment. Americans. million to meet these needs and to I am especially interested in the meet them now. Yes. Here it is. Right here is the defensive issue of the security of our northern Mr. DORGAN. Mr. President, if I measure to protect Americans against border. We have twice as many Cus- might inquire further of the Senator terrorism. I am trying to help the toms agents on the southern border be- from West Virginia, I have traveled to President keep his promise. tween the United States and Mexico as those border ports of entry. My State He also promised $20 billion for New we do on the northern border between has a long common border with Can- York City and the other communities the United States and Canada. ada. I have been there at 10 o’clock in that were involved in that attack. He With respect to the Border Patrol, we the evening when the port of entry promised them. We are committed to have roughly 500 Border Patrol agents closes. I have seen what they do. On it. We are trying to help the President. on the northern border between the that paved road between the United I am not trying to get in his way. I am United States and Canada to control States and Canada, at closing time, not trying to embarrass the President. those 4,000 miles. We have 9,000 agents they put out an orange rubber cone in I am saying, Mr. President, let me on on the southern border between the the middle of the road, and that is our your boat. United States and Mexico. security past 10 o’clock at night. I am trying to help him. Here it is. I note that the Senator has included As I have indicated, an orange rubber You don’t have to spend it because we in his amendment some resources to cone cannot walk, it cannot talk, it have an emergency designation. deal with this border issue. The reason cannot shoot or tell a terrorist from a What is wrong with that? Who can I ask the question is you cannot pro- tow truck. And the polite people who complain about that? The American vide security for this country unless violate our ports of entry, they appar- people want this. They need it. They you provide security for our country’s ently stop the car, after the port of are entitled to it, and we have a re- borders—not just some of the borders entry is closed, and they actually move sponsibility to give it to them. This is but all of the borders because the ter- the rubber cone, drive through, and put defense. Whether it is in the foreign rorists will seek the weakest link. the cone back. Those who are not so fields or here in this country, it is de- There was recently a story of a fellow polite come running through at 60 and fense. from the Middle East who was shipping 80 miles an hour and just shred the rub- When we talk about helping our mili- himself in a container to Toronto, Can- ber cone. tary, we have military people in this ada—a suspected terrorist. He put him- The point is, terrorists will always country. They are training in this self in a container. He had a food sup- find the weakest link. For this country country. They are in Georgia. They are ply; he had a heater; he had a global to have good security, adequate secu- in South Carolina. They are in Cali- positioning satellite mechanism; he rity, that gives people confidence, you fornia. They are all around the coun- had a cell phone; he had a toilet. He have to have security of all of your try. They, too, might suffer from a had all the comforts. He had food. borders. And it has not been the case pathogen that comes in the mail. They, When they found him in this con- with the northern border. too, might suffer from a terrorist act. tainer on a container ship having tried It is the case that the Port Angeles We are acting to protect our people, to ship himself to Toronto, Canada, he point of entry is where the so-called whether they are in the military, or got out of the container, and they said millennium bomber tried to come whether they are not in the military, he was very well dressed. He looked through, and a very alert Customs in this country and abroad. quite well. agent caught the millennium bomber We are trying to help our President The question is, If he is shipping him- who was intending to bomb the Los An- to keep his promise. We are not trying self in a container to Toronto, Canada, geles Airport.

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.035 pfrm04 PsN: S06PT1 S12512 CONGRESSIONAL RECORD — SENATE December 6, 2001 It is also the case that Middle East- that while we have a perfectly logical, provide additional security on the ern folks were inquiring in a small Ca- commonsense approach here of pro- northern border. If not, we do not have nadian town just 100 miles north of the viding to the President the means border security. If you do not have bor- border of North Dakota about the capa- whereby he can deal earlier, quicker, der security, you have an added risk of bility of crop-spraying airplanes. This more effectively with possible terrorist a terrorist being successful. That is was at the time Mohamed Atta was attacks—we have it in a package here; why the timing issue here is critical. doing the same thing in Florida. And it is designated ‘‘emergency;’’ he can This is just about the question of others were doing the same thing in use it, he can not use it—we are being whether we ought to do what Senator other parts of the country—150 miles asked to vote against this package. I BYRD is suggesting now or later. If we from Minot Air Force Base where we cannot believe the President is receiv- do not do it now, 6 months or a year have our B–52s housed. ing good advice. I have to believe he from now it will be done by the admin- The point is, we must be concerned must be receiving some partisanly po- istration. And God forbid some ter- about all of our borders. I deeply appre- litical advice from somewhere down rorist act would occur in the interim ciate the Senator’s amendment dealing the line. It does not make sense. that we could have well prevented with with the northern border security, Why would the President be opposed this additional vigilance, with the re- which was left out—with respect to the to our providing this now? We do not sources provided in this amendment. Customs Service, especially—of the lose anything by it. We have every- So I would ask the Senator from President’s request. thing to gain by providing this now. It West Virginia to continue his efforts If I might say, as I continue to in- is our responsibility, it is our duty, to on the floor of the Senate and see that quire, it seems to me the proposals of- provide for the common defense. And if we are able to enact this amendment. I fered by the Senator from West Vir- this isn’t common defense, I do not know some believe that this is con- ginia are proposals that everyone sup- know what it is, if it does not fall with- fronting the President. It is not at all. ports. The head of homeland security, in the category set forth in the pre- It is helping this country and helping Governor Ridge, says, yes, we need to amble that we should provide for the this administration do now what they do these things. The administration general welfare. This, it seems to me, say, in any event, they want to do says, yes, we need to do these things. we have to do. later. It makes much more sense, it The disagreement is about timing. Mr. DORGAN. Mr. President, if I seems to me, for us to make this in- The issue is, should we do them soon- might make one additional inquiry of vestment for America today. er or later? The administration says, the Senator from West Virginia. I thank very much the Senator from let’s do them later. The question is, Is I want people to understand, as I West Virginia for yielding. there risk for this country in waiting know the Senator from West Virginia Mr. BYRD. Mr. President, I thank my until later? Will terrorists wait until does, that when we have a disagree- friend. We are not being confrontational. I later? I do not think so. I think the ment here—which is only about the have no hesitance whatsoever to be American people will be better served timing of when we ought to do what we confrontational with the President of by our deciding to make these invest- should do for this country’s homeland the United States or anybody else. Let ments now and protect this country defense and homeland security—it is the President advocate fast track; I am now. The issue of sooner or later ought not a circumstance where we are con- ready for that confrontation, and so is to be, in my judgment, resolved by this fronting this President in a way that the distinguished Senator from North Senate in favor of sooner, taking pro- says, we are not supportive of what you Dakota. tections sooner for the American peo- are doing for America. We are not being confrontational. We ple, taking the steps necessary to mini- In fact, there is, in my judgment, are trying to live up to our responsi- mize the risk of terrorism. general support and admiration for this bility. We want to work with the Presi- Now, let me make one final point as President’s leadership with respect to dent. We want to help the President. I I ask a question. The administration, the prosecution of the war against ter- want to help him to keep his commit- just in the last couple of weeks, has rorism. I think they have had a spec- ment when he said on September 20, in once again indicated to the American tacular success. I indicated to Sec- that joint session of Congress, ‘‘Our people there is a high threat of a ter- retary Rumsfeld just a few moments Nation has been put on notice we are rorist act, according to some reason- ago how much I admire his service and not immune from attack. We will’’— ably credible evidence that exists. This respect what he has done. I think the not maybe—‘‘We will take defensive is the third time we have heard this. I President also has shown outstanding measures against terrorism to protect am not critical of that at all. I believe leadership in a number of these areas. America.’’ it is their obligation to inform the So this is not a confrontation with Now, Mr. President, this is what we American people under those cir- this President during a period of con- are trying to do. We are trying to help cumstances. flict. There is no disagreement about our national leader keep his commit- But if, in fact, it is the case that support, widespread, passionate sup- ment, and yet there is a veto threat- there are credible pieces of information port, for this administration and the ened—a veto—a veto. I cannot believe about terrorist threats against this administration’s prosecution of the the President has reached this decision country that could cause great harm to war on terrorism. in his own mind—a man who, when he the American people, isn’t it also rea- Mr. BYRD. Absolutely. took the oath of office, referred to the sonable and logical, then, for us to un- Mr. DORGAN. This issue is simply an Scriptures, referred to the good Samar- derstand the urgency of making the issue of what kinds of investments do itan on the road to Jericho. It gave me very changes that the Senator from we believe need to be made to protect a new sense of confidence and trust in West Virginia is now counseling we this country, what kinds of homeland our President. make with respect to homeland defense security and homeland defense invest- President Eisenhower, when he was and homeland security? ments do we believe need to be made. inaugurated, prayed. He didn’t call on I ask the Senator from West Vir- In fact, if you read, day after day, the somebody else to pray; he prayed. Ei- ginia, Do you not believe that the issue press accounts from Governor Ridge, senhower himself prayed a prayer. I here is not policy, not whether we and others, they will say that they was impressed and thankful. So this should do these things, but the dis- agree with all of the recommendations President has the support of the Amer- agreement is about when they should we are now talking about. ican people in the war effort. There is be done, and that the administration is It is unfathomable to me that we no question about that. The people simply saying, we do not necessarily should continue, month after month, have rallied. There is no party spirit in disagree with what you want to do, we now saying we will not put any addi- the rallying of the American people be- just believe it ought to be done later? tional Customs agents on the northern hind their President when it comes to Is that the case? border. I do not think anybody in this the prosecution of a war overseas. (Mr. CORZINE assumed the chair.) country can take comfort from that. Why should they be denied the sup- Mr. BYRD. That appears to be the Everybody understands you must pro- port of the administration in this ef- case. And it boggles my mind to think vide security on our borders, you must fort to deal with future terrorist acts?

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.038 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12513 We are not being confrontational. We home to our own shores. These are pic- looked like afterwards, we know very want to help the President. We are not tures, as the Senator from West Vir- well it is going to be a long struggle for interested in this from a political party ginia knows so well, of the attack New us to recover. The fires are still burn- standpoint. There is no dividing aisle York City suffered on September 11, ing. We need to get contracts let. here. We are dealing with the protec- pictures of the devastation that oc- We need to repair the destruction tion of the American people. When we curred, pictures of the men and women that has been done to our streets, our protect the American people, we pro- who are on the frontline of defense— highways, our infrastructure. We need tect the military men and women who the firefighters, the police officers, the to help our hospitals that were so pre- are here in this country. We protect emergency responders—who, just as pared; they literally did all they could them from terrorist acts. We protect our men and women in uniform, our in spite of the damage they suffered. all citizens. We protect the old, the special forces, as well as our Marines, They lost their generators. They lost young, the weak, the sick. our Navy, our Air Force, our Army their billing systems. Their computers Why do we have to draw political forces across our country and the went out. But they stayed on duty. lines in a matter of this solemn na- world, are on the front lines of defend- They didn’t ask anyone who was ture? This is not a Democratic pro- ing us at home. Here is what our de- brought in injured, a rescue worker posal. This is not a Republican pro- fenders look like in the streets of New who was injured on the job: Where is posal. Safety, to the American people, York. They could be in the streets of your insurance? You can’t come in this has no political designation on it. We any of our cities. door today because we don’t know if have this duty. I think we would be May I inquire if the Senator, in con- you can pay. Everyone was brought in recreant in our duty and it would be structing this very thoughtful amend- and given care. criminal if we did not act when we ment that takes into account our de- What I have learned from that and know what has been said to our com- fense needs at home, took into ac- what I commend the Senator for under- mittees and when we know from what count, as I know he did, the extraor- standing is that New York City was we read in the press that all these dinary devastation and damage the probably better prepared than any things are available. Yet we say, wait, city of New York has suffered because other city in the country because of wait. the attack on New York was an attack the work that had been done. Of I think we may be in the position of on America? course, the heroic efforts of our police the five foolish virgins. When the Mr. BYRD. Absolutely. May I say and especially our firefighters and our bridegroom came, they had no oil in that the two distinguished Senators emergency workers showed that prepa- their lamps. He knocked at the door. from New York have not once, have not ration. What the Senator is trying to do, as ‘‘We have no oil in our lamps.’’ That is twice, have not thrice, but many times I understand it, is not only to help us what we are trying to provide here so talked with me about the needs, the with the extraordinary needs we face that we will not suffer the fate of the immediate needs, of the people of New to get us on the path of being able to five foolish virgins. York. They have talked to me about use these dollars in the way they I thank the Senator for his observa- the suffering that the people of New should be used—accountably—but to tions and his contributions. York have had visited upon them by get the money in the pipeline as op- Mrs. CLINTON. Mr. President, will this beastly attack. They have contin- posed to waiting until next year. the Senator from West Virginia yield ued to implore me, as chairman of the Mr. President, the Senator from West for an inquiry? Appropriations Committee, to help Virginia is also telling us we have to be Mr. BYRD. I yield to the distin- them, to help the State of New York. prepared in case this happens anywhere guished Senator from New York. The Governor of New York came else in the country; is he not? Mrs. CLINTON. Mr. President, the down to see me also. He sat at the Mr. BYRD. Yes. I am also saying Senator from West Virginia is aware of table in my office on the floor below those tunnels that go into Penn Sta- the recent rather sobering comment and pleaded with me to provide help tion in New York are traps. They were that our Vice President made with re- and succor and comfort in the form of built before World War I. I am passed 84 spect to this war, that we are fighting dollars for New York City. years of age, and they were built before on two fronts, that we are likely to suf- Mrs. CLINTON. The Senator has I discovered America. They are inad- fer more casualties on our homeland heard those cries for help and has, equately ventilated, they are inad- front than we will across the seas? along with the committee, responded equately lighted, and the escape routes Mr. BYRD. I am aware that he said in our time of need, for which all of are inadequate. There are 500,000 indi- this. He said that, for the first time we New York is grateful. It goes beyond viduals who go through that station are more likely to suffer casualties on that. every workday. There are 750 trains. the homefront than among our forces As we look at these pictures, as we Yet how much has been appropriated to here or abroad. are reminded of the devastation and de- prevent another catastrophe there to Mrs. CLINTON. I thank the Senator struction, we know it is going to take rebuild the tunnels? from West Virginia for the careful at- a long time to recover. We know that Yes, I know. I have heard from the tention he has given to the threats we what the Senator has very thought- Senator, and I have heard from her sen- are confronted with today. I thank the fully provided in this appropriations ior colleague. They have not been rec- two distinguished ranking members bill will put us on the path toward re- reant in their duty. They have been who are in the Chamber, the Senator covery, will put money into the pipe- very effective. As I say, the Governor from Hawaii and the Senator from line. of New York has been in my office. I Alaska, for coming to New York City As the Senator knows better than hope he will support this package be- to go to ground zero to see what hap- anyone, it will be quite sometime into cause it will help him; it will help the pens when our country is attacked the next year before another appropriation State of New York; it will help the peo- way we have been. can possibly be obtained. ple in the fire departments; in the po- I inquire of the Senator regarding the Mr. BYRD. It will be. lice departments, the paramedics in work he has done with respect to pre- Mrs. CLINTON. Isn’t it correct that New York City and other cities in New paring this extremely important it is likely to be late spring at the ear- York. amendment that understands our de- liest before any additional money We have that responsibility. I did not fense needs are both with our men and would flow to New York? go to New York. I am one of the few women in uniform, and we are all sup- Mr. BYRD. The Senator is correct. national politicians who did not go to portive of the President and our mili- Mrs. CLINTON. As a result, because New York City. I did not need to go. tary leadership and very proud of the of the estimates of $100 billion of dam- Mrs. CLINTON. This Senator knows extraordinary work being done to root age, so clearly shown here in the dif- very well that the Senator from West out the terrorist network, but we also ference of what this part of our coun- Virginia has a grasp, an understanding have credible threats here at home. try looked like on the morning of Sep- of what happened, not only with re- In fact, just as a reminder, this is tember 11 before the terrorists wreaked spect to the attacks but also the an- what war looks like when it is brought their evil on our country and what it thrax which came to New York to our

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.041 pfrm04 PsN: S06PT1 S12514 CONGRESSIONAL RECORD — SENATE December 6, 2001 Postal Service and to our media offices vide them with the tools they need to per- gas/pepper spray,’’ slipped past security as well. form their duties safely and effectively. screeners at Chicago’s O’Hare Airport. Mr. BYRD. Yes, I saw it on tele- Prophetically, Fanning was among It was a stunning breach of security. vision. I saw it on the agonized faces of the 343 firefighters, including the city’s At a time of heightened scrutiny, ev- wives, mothers, and fathers. The ter- fire chief and most of the senior staff, erybody should have been looking. The rorists made many widows that day. who died in the World Trade Center would-be passenger, who had already The terrorists made many orphans that collapse. There, as it were, is the voice been stripped of two knives at a prior day. I saw it in the sweaty, grimy faces from the grave telling us again, do security checkpoint, made it to the and hands of the workers, sifting something, do it now. boarding gate before airline personnel through the rubble. I did not need to The people at the local level need in a second check discovered the other go. I would like to have gone, but I help. They are the people who are the weapons. Here was a mini arsenal on made the same commitment that those first on the scene, the first to save two legs walking right straight for the individuals in high places made who lives, and perhaps the first to give door of the airline, and he was almost did go. their own lives. there. Now is the time to keep our commit- Before I turn again to the chart, this These incidents follow a recent sur- ment. I believe that a promise made is is another chart which visibly displays prise inspection by the investigators a debt unpaid, and I promised the New the situation as explained by the very from the inspector general’s office of York Senators that I would try to help distinguished senior Senator from the Transportation Department and of them, and I have done everything I North Dakota a little earlier when he the Federal Aviation Administration can. I promised the New Jersey Sen- talked about the ports on the northern at 14 airports across the country. ators, one of whom presides over this border being closed, and this is what In October, FAA inspector general Senate at this moment with great dig- the chart says: ‘‘Stop,’’ with a big red agents found a man who passed nity, skill, poise. I am keeping that sign. through a metal detector at Dulles promise. The President promised, and I This port is closed. Open daily at 9 a.m. International Airport with a knife in am trying to help the President keep Warning, $5,000 fine for entering the United his shoe. Now why is he carrying a that promise. States through a closed port. Nearest open knife around in his shoe? I am not being confrontational about port is 70 miles east at Portal, North Dakota, In September, a man went through it. I want to help. Can we not just join on Canadian Highway 39. security in Atlanta and realized before hands once, one time and not be polit- There we have it. We can see the or- boarding the plane he had a pistol in ical about this and help to form a more ange cones sitting around the side. My his carry-on bag. perfect union and fulfill that phrase colleagues will recall the distinguished The American people want tougher that is in the preamble of the Constitu- senior Senator from North Dakota said security at airports. One can see it in tion? some trucks and automobiles will pull the half-full airplanes taking off from I thank the Senator. up to the sign and the driver or some- our airports every day. Even after Mrs. CLINTON. I thank the Senator one in the car or truck will get out, grounding nearly 20 percent of their for his extraordinary efforts and his move the cone, and drive right on planes, airlines filled only 63 percent of very fine work on this amendment, through. Or, he said, some will just their seats in October according to the which will strengthen our national de- press their foot on the accelerator and Air Transport Association. So that is fense at home as well as abroad. at the speed of 75, 80 miles an hour go still 8 percent less airline traffic than Mr. BYRD. I thank the Senator. right through those cones and leave in October of last year, well before the Mr. President, continuing along the them in shreds. That is the visual of September 11 attacks. line that the distinguished junior Sen- the warning Senator DORGAN was Airports need funds to increase the ator from New York was pursuing, on speaking about. visibility of law enforcement personnel May 10, Chief Jack Fanning of the New Now let us go back. Some Senators for deterring, identifying, and respond- York City Fire Department testified may wish to take a look at the chart so ing to potential security threats. Addi- before the Senate Appropriations Sub- we will set the chart in the chair in tional staff persons are needed to con- committee on Commerce, Justice, front of me. duct security and employee identifica- State, and the Judiciary on the role of That is what we are trying to help tion checks through airports. Airports the fire service in responding to ter- with. We are trying to provide live men with tighter budgets, particularly rorism. and women at those ports of entry that smaller airports in rural areas, are un- Fanning, the officer responsible for presently are not covered 24 hours a able to absorb these new costs. the New York City Fire Department’s day. That is what we are trying to do This package provides $238 million to hazardous materials operation, said in this package. We are saying do it hire law enforcement personnel and that in preparing for terrorism, ‘‘The now, do not wait, do not gamble with improve protection for you, you who emphasis must be placed on the most fate. are watching through those television important aspect of the equation, the We have already fallen behind in cameras. first responder, and first responder complying with the aviation security I simply cannot understand the logic team.’’ bill recently passed by the Congress of opposing this package. Who would Mr. Fanning was talking about the and signed into law by the President. choose to allow their family to live in people at the ground level, the people The Transportation Secretary said last constant fear? What parent would re- at ground zero, the people who are the month on November 27 that the Fed- peatedly warn a child of predators on first to arrive when the alarm bells eral Government cannot meet the Jan- the playground and then send the child ring. uary 18 deadline that all checked bag- out to the park unattended and unpre- Fanning said: gage be screened for explosives. The pared to protect himself? What is the If lives are to be saved and suffering re- new law requires that by the end of 2002 sense in telling the people to be brave duced, it will be up to them to do it. all checked luggage be screened using and then denying the people even the Meaning the first responders, the explosive detection systems. That most modest, necessary protections? first responder team. would require 2,000 machines at a cost Budget agreements are certainly no At an incident, whatever the scale, fire- of $2 billion, according to the Federal reason. This package bears an emer- fighters and other responders will be there Aviation Administration. gency designation. With that emer- within minutes, some quite possibly becom- We cannot wait until next year to gency label, this President could ing victims themselves. provide these funds if our Nation’s air- choose, as I have said repeatedly today, Those were the words of Mr. Fanning. ports are to comply with the tougher not to spend these funds if they prove His testimony concluded with the fol- airline security required under that to be unnecessary to spend at a given lowing: law. time and for a given purpose. But at They [the first responders] will do what Last month, on November 3, a man least the funds would be available they have always done, act to protect the carrying seven lock-blade knives, a should the need arise. This package public they serve. Knowing this, let us pro- stun gun, and a canister labeled ‘‘tear also contains provisions to ensure that

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.043 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12515 these funds are not counted in the amended version reported by the full we decided that ought to go up to $20 baseline calculations in future years. committee that Senator BYRD has de- billion. While we were working on that, Get that. I am not trying to build up scribed and has been reported as we we got word that the President had future budgets. I am not trying to use presented it, as a matter of fact. gone into the Rose Garden with some the funds accounted for in the baseline Senator INOUYE’s version of the De- people from New York and Virginia and calculations to increase the budgets in fense bill for next year is in section A. Pennsylvania and agreed it ought to be the future years. There is no outyear I do not intend to address that at all. I $40 billion. With the leadership of Sen- growth, no multiplier effect. It is a do, however, address the problem pre- ator BYRD, we charted through the simple, straightforward investment in sented with the President’s position of quarters of the legislative process a protection at a time of national crisis. not wanting additional money at this supplemental providing $40 billion: The To say we are willing to gamble the time beyond the $40 billion that he pre- first $10 billion to be available to the safety of the American public on the viously agreed to when he signed the President without any interference by bet that no additional attacks will supplemental we previously passed this Congress, the second $10 billion to be occur, that no additional year. To achieve that goal, I now call available after 15 days’ notice to the vulnerabilities will surface, that no ad- up amendment 2243. Congress on how the President in- ditional security precautions will have The PRESIDING OFFICER. The tended to spend it, and the last $20 bil- to be taken, defies common sense. It clerk will report. lion to be available in an appropria- defies logic. The assistant legislative clerk read tions bill to be passed by the Congress. The President has declared we are in as follows: This bill covers the $20 billion, the a state of national emergency. He did The Senator from Alaska [Mr. STEVENS] last $20 billion of the $40 billion. that some time ago. His administration proposes an amendment numbered 2243. We have had a great many meetings, has issued three alerts, three broad Mr. STEVENS. Mr. President, I ask hearings, and consultations from a vast warnings of possible terrorist attacks, unanimous consent reading of the number of people in the country who three alerts to the American people. amendment be dispensed. believe there should be more money We must respond to our national emer- The PRESIDING OFFICER. Without available now. Were I President, I gency. We must take matters in hand objection, it is so ordered. think I would agree. But I am not and guide this Nation through this (The amendment is printed in today’s President. time of uncertainty, this time of dan- RECORD under ‘‘Amendments Sub- Mr. President, we are at war. We ger, this time of darkness. mitted.’’) really are at war. We are in a period of I urge my colleagues to vote to pro- Mr. STEVENS. Mr. President, let me time where, if we take action to chal- vide the American people with basic describe, if I may, the problem we face. lenge the President now, we could well protections at a time when the Amer- We are in the month of December, leave an impression, I think, that we ican people are most vulnerable. For- which is the last month of the first do not have bipartisan support of the get your politics. Politics has nothing quarter of fiscal year 2002. When we fin- President as Commander in Chief. to do with this—nothing. This package ish this bill, however it may look after I have changed my position on this fulfills our commitment to provide $20 it goes to conference with the House, matter. I told my friend, the chairman billion to New York in response to the and then goes to the President and the of the committee, that I had. I believe September 11 attacks. I urge my col- President signs it, it will be approxi- we can legitimately say that the leagues to support this package. mately the end of the year. In other money we make available now through On a statue in Atlanta, GA, are these words, the new money in this bill will this bill and through the bills that are words inscribed in memory of Senator be spent in three of the quarters of the still pending here: the Labor, Health Benjamin Hill, a great Senator, great calendar year 2002. and Human Services bill, the Foreign orator: He who saves his country saves Realizing that, I visited with my Assistance bill—before we are through himself, saves all things, and all things good friend, Chairman BYRD, and sug- here, we will have presented to the ad- saved do bless him. He who lets his gested we deal with the issues he want- ministration $375 billion more than is country die, lets all things die, dies ed to deal with by putting additional available to the Presidency right now. himself ignobly, and all things dying money in the bill as money to be made The current level of expenditures by curse him. available in 2003, the first quarter of the Department of Defense, for in- Let’s vote to save our country. I 2003, which would be the last quarter of stance, is based on the year 2000. We yield the floor. calendar year 2002. Had we done that, have increased that considerably. The The PRESIDING OFFICER. The Sen- we would have stretched the payments amount of money available to the ator from Alaska. over the normal four quarters of a President for the conduct of the war, AMENDMENT NO. 2243 year. I think we may have been able to really, under the Food and Forage (Purpose: To provide for the allocation of solve the issue that way. Act—I have to explain that. There is an supplemental emergency funds.) Senator BYRD said he would rather old act that allows the President of the Mr. STEVENS. Mr. President, the proceed with the 2002 bill. It does, I United States to spend money to pur- chairman has presented a program might add, have some extra points of sue conduct of a war or when there are which is a program for the future, order that could have been raised troops deployed, our troops deployed. without any question one that reflects against the other approach. So he de- We saw it in Kosovo; we saw it in Bos- a substantial number of meetings that ferred on that, and we went back to the nia; we have seen it in connection with I have had with the chairman, and oth- drawing board to see what we could do the activities of the alert in South ers, over a period of time since Sep- to deal with the problem of the Presi- Korea; we have seen it in many in- tember 11. We have, however, a posi- dent’s position and the position just stances. This President has not used tion taken by the President of the presented by Senator BYRD. the Food and Forage Act yet, but he United States that he believed we had Let me say, basically, I believe as the could use any of the money in this bill an agreement not to exceed the $40 bil- future unfolds in this country, substan- to achieve the goals Senator BYRD lion that we previously approved for tially all of the additional $15 billion would achieve with $15 billion and supplemental money for 2002 to cover that Senator BYRD wants to make come to us later and say, we want the the expenditures required to initiate available will be requested by the ad- money. the recovery from the disastrous at- ministration. I will be surprised if they In any event, beyond that, we have tacks in our country on September 11 don’t request more than that. The been told there will be—by Governor of this year. problem is, how much money should be Ridge and by the President himself— We have before the Senate section A pushed into the system now? there will be a request presented to of the committee bill, the Defense ap- We had a bill before the Congress Congress early next year for supple- propriations bill for 2002, that was pre- when we first reacted to the events of mental moneys for the year 2002, to pared by my good friend, the chairman, September 11. We were requested to pursue the further activities that are DAN INOUYE of Hawaii, and me and our present a $10 billion supplemental. Sen- necessary to meet the problems of staffs. It has been included in the ator BYRD and I had some meetings and homeland defense and the problems of

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.063 pfrm04 PsN: S06PT1 S12516 CONGRESSIONAL RECORD — SENATE December 6, 2001 recovery from the disaster of Sep- lion in a way primarily reflecting, to a think what we need to do is make sure tember 11. great extent, what the House did. It there is money to meet any of the I believe what we have to do is to also reflects to a substantial degree areas outlined by Senator BYRD avail- look again at the $20 billion and allo- what the President originally re- able now, and see what Governor Ridge cate the $20 billion in a way to make quested. And it covers basically, as I and what the President want us to do sure there is available now enough said, all of the items Senator BYRD to direct our attention to the future. money to handle at least the first quar- would cover. There is no question that the great ter of the next year—that will be the In the $2.3 billion bioterrorism de- part of the money must be directed to- second quarter of the fiscal year—and fense allocation, for instance, we have wards antiterrorism, and antiterrorism then some. provided money for upgrading State law enforcement in particular. The So what I have done, in an amend- and local capacities, improving hos- Postal Service very much needs a great ment that is now pending, is to allo- pital response capabilities, improving deal of money. cate the $20 billion in that fashion, pur- the CDC, starting a national pharma- Again, I want to sidetrack. There are suing, to a vast extent, the rec- ceutical stockpile which includes the major issues involved in where we are ommendations of Senator BYRD and his purchase and deployment of the small- going now that have to be addressed by $15 billion additional. The amendment pox vaccine that has already been pur- legislative committees. For instance, before the Senate right now, addressing chased. That contract has already been the Postal Service told us they had lost division B of the pending bill, would signed. over $6 billion and they wanted assist- amend that division B to allocate the It includes the National Institutes of ance. When we examined it, we agreed $20 billion in this fashion: $7.3 billion Allergy and Infectious Disease at NIH, we should provide some additional for the Department of Defense, of one of the signal areas that we must money. But we have to have some basic which we have earmarked $2.3 billion fund. And it has other preparedness ac- consideration of the question of how for bioterrorism defense. I emphasize tivities. much of that loss should be paid by the that. The Department of Defense The money for New York is com- taxpayers of the United States and how should have a great role in the total mitted to rebuild the infrastructure of much should be borne by the rate- defense of the country. I think bioter- Lower Manhattan. The FEMA disaster payers of the Postal Service, an inde- rorism is one of the key issues. I be- relief includes the $290 million for the pendent entity that is not really fi- lieve that is one of the key issues of FEMA Firefighters Grant Program, nanced by the Federal Government Senator BYRD. and it will involve grants to local com- anymore, except in connection with We allocate $7.05 billion for New munities to expand and improve fire- disaster concepts. It may be that we York. Of that, $5.05 billion is for the fighting programs through the FEMA will have to change that paradigm. It FEMA disaster relief; $290 million is for Firefighters Grant Program. Over 50 may be that we should help pay for the FEMA Firefighters Grant Program; percent of the funding will go to volun- some of the newer equipment that the $2 billion is for the Housing and Urban teer fire departments in rural commu- Postal Service needs in order to pre- Development emergency community nities. vent future disasters such as we had in development block grant. We have tracked to a great extent the handling of the anthrax letters by We also allocate $5.65 billion for what my friend has done: If you look at Postal Service employees. homeland defense. It is allocated, $1 the money for homeland defense, $1 bil- We also have to urge them to take billion for the Department of Justice— lion for the Justice Department more steps to modernize so the system itself that is for FBI, INS, and the U.S. Mar- than they have now in their normal does not expose employees to contami- shals; $400 million more for the Depart- bill which has already passed, the nation by substances such as that sent ment of Energy for nuclear facilities; State, Justice, Commerce bill. This through the mail. We need to have an $256 million for the legislative branch adds to what they already have avail- inspection system. And we need to security; $800 million for Coast Guard able, $1 billion for coordination of in- have a system of treating the mail so it and FAA security which includes $100 formation in the field of FBI—particu- cannot carry these infectious diseases. million for more airport security; $50 larly the Trilogy Computer Moderniza- What I am saying is, if you examine million for the White House security. tion Program. And it does address the the amendment I presented as an There is $334 million for the Treas- INS construction backlog to make sure amendment for the Senate to speak ury. Again, the Secret Service, Bureau we can take care of the outposts that out, and say to the administration that of Alcohol, Tobacco and Firearms, and were mentioned by Senator BYRD. we have different priorities than have Customs are included in that $334 mil- There is $40 million for the Depart- been presented to us before, we funded lion. ment of Energy nuclear facilities, them through at least the first quarter We have $300 million for food secu- which covers, again, really a downpay- of the calendar year 2002. We, of course, rity, $100 million for the Justice De- ment on the program Senator BYRD an- have to go to conference with the partment general administration, Pa- nounced in that area. House and meet them in any event, but triot Act, which is covered by Senator There is $256 million for legislative I think any fair reading of this amend- BYRD’s proposal; $362 million for the branch security. Again, I know of no ment would say this is enough addi- Bureau of Justice Assistance, $237 mil- argument about that. There is $800 mil- tional money through the use of the $20 lion for State and local law enforce- lion for the Coast Guard and FAA secu- billion to meet these priorities of the ment, $775 million for Federal rity. The port security hearing was Congress, and we can await the request antiterrorism enforcement—that is ex- held today, and this includes the port of the President for additional money ecutive, nondefense, of which $575 mil- security task force creation to ensure and at that time be part of the process lion is for the Postal Service, $100 mil- coordination of the efforts to protect to meet the needs of the future as the lion for cyber-security, and $100 million our ports. It also includes the $100 mil- country changes. for increased security at public events. lion to add to the moneys we already That would be my last comment to We also add $94 million for NASA and made available to carry out the new re- the Senate. We have a great many for the National Science Foundation quirements imposed on FAA in the air- problems that come from the realiza- security upgrades, and $156 million for line and airport bills we have already tion we are now exposed to different the EPA Counterterrorism and An- enacted into law. types of disasters. The disaster act thrax Cleanup Program. I could keep on going. It has $300 mil- that is in place was primarily passed at If one examines this supplemental, lion for food security to increase the the time when we addressed natural one finds that almost every single item number of food inspectors, as Senator disasters. It is the Stafford Act. mentioned by Senator BYRD is covered BYRD indicated. It must be done. The Stafford Act provides that the by our allocations. But they are lower. But I emphasize we can put up the Federal taxpayer will replace facilities Admittedly, Senator BYRD had $15 bil- money Senator BYRD asked for. We owned by public entities that were de- lion in two emergency sectors. We have can’t find those people in just one stroyed because of the disasters such as eliminated that and moved back into quarter. The President’s people are we saw in New York. It assists local the $20 billion and allocated the $20 bil- going to make some further requests. I communities in replacing streets and

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.065 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12517 docks, or whatever, in community- substances currently undetectable, and of those points of order would be owned utilities, but it doesn’t replace how to treat them once detected. waived by the Senate, according to my privately owned utilities. It doesn’t re- Freon disease, for instance, is one of understanding of the situation now. place privately owned facilities that the leading examples of that. That is My amendment takes us around went down with the public facilities. the manifestation of mad cow disease those. My amendment says, let’s set Clearly, it doesn’t even cover the pub- in human beings. We know from the ex- aside the $15 billion. We deal with licly owned building that went up 104 perience in Britain that it is not only about half of it in the $20 billion, and stories. We don’t know. undetectable, but even the people who we move on to next year and the re- We know we have to address that. carry it may not know it for several quest from the President, and we do That is not something we ought to ad- years before it manifests itself in the not have this collision. And we also—I dress as appropriators. This should be brain of a human being. Once it does, if am back where I started—do not leave addressed by the legislative commit- it comes in contact with any utensils the impression that a Senate that tees in the Congress responding to leg- in any facility, those utensils and fa- wants to provide bipartisan support to islative solutions that set the new cilities must be destroyed. There is no the Commander in Chief at a time of guidelines for how we handle disasters way to know what portion of them are war is insisting upon doing what he caused by terrorism. uncontaminated. You must destroy ev- says he does not want us to do. I say to the Senate that I think Sen- erything that comes in contact with it. I do not argue with my friend from ator BYRD has stepped forward and of- That is why much of the great dis- West Virginia at all about the items he fered us a solution to some of those aster took place in England in the past. says must be covered sometime in con- problems by funding them now. But I We should join the international effort nection with the recovery from this think the Congress should be involved in that regard. Our bill starts us down disaster. On how far we go on some of in making those decisions as to what that line. them we might have disagreement, we replace. I have spoken longer than I intended such as firetrucks or what is covered in Should we replace all of the to speak. But let me now address the public facilities and what not. But the firetrucks in the country? Should we problem we face. necessity for more money than the $40 replace only those that come in and There are people on our side of the billion is now apparent to everybody, qualify for the grants? I do not know. I aisle who prepared a chart of the prob- even from the comments Governor pointed out in committee that we have lems that this bill faces in terms of Ridge has made as head of our home some of the oldest firetrucks in the Na- points of order. Senator BYRD’s two defense organization. tion operating in Alaska villages. They provisions that would add the emer- So I say to my friend once again, I were given to those villages at the end gency money in division C of this bill am sad to be in this position. I really of World War II, and they have never are subject to points of order. They am because the Senator knows—and we been able to replace them. could be waived by 60 votes. The basic worked on some of these figures—I be- But the intent is to replace those fa- bill itself that came over from the lieve the needs are there. And I believe cilities that were destroyed by the dis- House to the Senate is subject to a the needs will have to be met sometime aster or, because of the disaster, have point of order. The House waived that in the future. But I would rather give become inoperable. There are a couple, point of order. We, similarly, could the money now to initiate meeting by the way, that were destroyed by the waive it, or we could ignore it here. those needs and determine the extent fire itself. There is also the point of order that to which we will meet the needs, and I believe we need to have decisions on comes out of the 1996 Budget Control which we will actually want to meet, a bipartisan basis as to how to solve Act which imposed a limit upon us of and which we will set aside and say are those problems, and to put the money the amount of money we could spend in the responsibility of ratepayers or up now would not solve the problem. It the year 2002. Since the year 1999, that local governments or States. would create a greater problem of hav- has been waived to a certain extent, My friend from Hawaii and I are from ing stepped down the road to say we but we, through that process, came to the generation of which President Ken- will pay it if anyone comes forward and a balanced budget. I thought we did a nedy was a part. As I sat here this wants a new fire engine. There is not very good job. The balanced budget afternoon, I was thinking about his enough money in Senator BYRD’s bill now is disappearing because of the comment at his first inauguration: Ask to replace all the firetrucks in the semicollapse of our economy through not what your country can do for you. country. I am sure he would agree. the recession and our ability to recover Ask what you can do for your country. On the other hand, we all agree there from the terrorist acts and prevent fur- If the things we worry about today should be some help for communities ther ones. would be worried about by every Amer- to modernize their facilities to respond What I am saying right now is we ican, if every American would really to terrorist attacks, and to respond to have to waive the Budget Control Act; take on the job of watching for those acts of terrorism of any kind. in effect, lift the caps. We have done erratic people who are part of a con- I have to confess that this Senator that in section C of this bill. Senator spiracy plot, if every American would believes the bioterrorism, BYRD’s version puts it right in the bill. come forth and assist the Government, cyberterrorism, and food security prob- If we vote that, that lifts those caps. volunteer to provide help to people who lems are of the highest priority. I But there is at least three, maybe need help now, our job, using the tax- think the great problem is we need to four other points of order involved here payers’ money, would be substantially be able to detect substances that are that once we get into, if we are divided reduced. I think that will come as we, currently undetectable. One physician on a partisan basis—it looks as if we more and more, live up to our current told me we were lucky that the an- might be—there is no way out. slogan that we stand united. thrax attack was the first attack be- I have offered this compromise for I would prefer to see the Senate cause anthrax is detectable and it is the Senate itself to speak out and say, stand united and adopt my amend- treatable. let us settle this now and give the ad- ment, move on this bill, and take it to There are substances that we know ministration enough money to do what conference. We will be in conference exist out there that are not detectable, we think they should do through the Monday if this amendment passes. We that are not treatable, and they are not first part of next year. And let us come will still be arguing about points of curable. We need to have research to back and respond to the President’s re- order next Friday if it does not. find out how we can detect them and quest for a supplemental when we get I hope I have offered an honorable so- how we can manage them once they are back here next year. lution to the conundrum I see the Sen- detected. Mr. President, I am not the Parlia- ate facing. I plead with the Senate to We started down that road in the De- mentarian my friend is, but I can say, act in a bipartisan way and to tell the fense bill itself. There is $100 million in from my study of this bill, there is no President: There are some priorities we there for the Department of Defense to way out if we have a point of order and want you to follow. Follow them with- continue its studies, and expand them a motion to waive and that motion is in the first $20 billion, if you disagree in those two areas of detection of these not carried. It does not appear that any with the $15 billion that Senator BYRD

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.068 pfrm04 PsN: S06PT1 S12518 CONGRESSIONAL RECORD — SENATE December 6, 2001 seeks—which he does; we know he committee, I think, to the benefit of ministration request, but it was their does—but, meanwhile, be assured when the country. I found a long time ago in professional judgment as to what was we come back next year, we are going my Senate service, if you want to get necessary to take care of our bioter- to make certain that the supplemental something done in Washington, you rorist threats. that is requested will cover the needs have to be willing to cross party lines. As a result of what Senator BYRD did of the country with regard to protec- Senator HARKIN and I have done that. in his questioning of Secretary Thomp- tion against terrorism. We have held a series of hearings on son and what Senator STEVENS did— I yield the floor. these issues to find out what is nec- even though they are the chairman and The PRESIDING OFFICER (Mr. CAR- essary for funding on bioterrorism. We ranking member of the full committee, PER). The Senator from Pennsylvania. had our first hearing on October 3, our they attended these hearings—we have Mr. SPECTER. Mr. President, at the second hearing on October 23, and our been able to push up the funding far outset, I commend the Senator from third hearing on November 29. from what the administration re- Alaska for the compromise amendment In the hearing on October 3, the Sec- quested, which was $1,445,000,000, so which he has proposed, I commend the retary of Health and Human Services that we now have, under Senator STE- Senator from West Virginia for all he testified that he believed we were able VENS’ amendment, $2,300,000,000. has done to focus attention on the im- to handle all of the problems of bioter- When you take the $338 million which portant problems of the nation on rorism in America. He had made a is now in the bill for Health and homeland security, and I admire his statement on ‘‘60 Minutes’’ to that ef- Human Services, the total funding stamina on the presentation of a very fect. A number of us raised questions— comes to $2,638,000,000, which I believe extensive floor statement. that we really were not at that point to be adequate. I support and cosponsor the Stevens yet, and that it was not helpful to When a group of Senators met with amendment. I divide my reasons into make such a statement. the President in his living quarters three categories: First, I believe there Senator BYRD, who attended the about 10 days ago, we had a conversa- is sufficient funding to take care of the hearing, in a very direct and emphatic tion about bioterrorism. There was a homeland security needs of America. way, threw up his arms and said, ‘‘I do discussion as to a downpayment. I Second, I think it is very important not believe you.’’ From that session we made the point that we could not deal there be unity between the Congress have moved ahead to push the Depart- with a downpayment, that when there and the President now as we fight the ment of Health and Human Services to was talk about putting this in next war against terrorism and have a find ways to provide for antibiotics on year’s budget, it wasn’t right. Simply major aspect of that war on homeland anthrax. The Secretary signed the con- stated, that was too late. security. Third, I think it is very im- tract to provide Cipro. Then we had the I do not speak for the President. I am portant the Senate act without having hearing on October 23 and the issue was a Senator and work under the separa- a stalemate and a gridlock, which is raised about where we stood on small- tion of powers. However, I had the where we will be heading if we do not pox. The experts from the Centers for sense that the President was sympa- find a compromise, such as the com- Disease Control and the National Insti- thetic to the view, although I explic- promise proposed by Senator STEVENS. tutes of Health said we should not be itly say he did not say so. The reason there would be a deadlock prepared to inoculate Americans, that We are giving the President more is that for Senator BYRD’s proposal to we had 15 million smallpox vaccina- money than he had asked for, but I be- be adopted by the Senate, there will tions, and that those vaccinations lieve he will sign the bill with the have to be 60 votes. I believe there is could be diluted 5 times to 75 million. amendment offered by Senator STE- agreement there are not 60 votes In an exchange I had with Dr. Fauci VENS. present to have Senator BYRD’s pro- of NIH, the discussion focused on We face a very difficult time inter- posal passed by the Senate. Then the whether it was the Government’s re- nationally, as everyone knows. The sequence which would follow would be sponsibility to have sufficient vaccines terrorist attack on the United States virtually interminable. so that people could make the choice on September 11 was the most brutal, We are facing a situation where it is themselves. I asked Dr. Fauci what the inhumane, barbaric act in human his- now December 6. Who would have risk factor was. He said it was one to tory, sending airplanes loaded with fuel thought we would be here this late six out of a million. as deadly missiles into the World Trade with all the expectations of finishing I said considering that smallpox had Center in New York killing thousands at least by the end of October or before failed, my preference would be to see of people. Also, a plane crashed into Thanksgiving? However, here we are. my grandchildren vaccinated. Before the Pentagon killing more Americans, We now face a continuing resolution we finished the discussion, Dr. Fauci hundreds more. I believe the plane was which is going to run until a week from agreed that he would like to see his headed to the White House. That tomorrow, the 14th. Beyond that, there grandchildren vaccinated. plane’s wings were perpendicular. This will be a continuing resolution until The point is that as a result—I think plane did not sink to crash into the January 3, if we do not resolve this fairly stated, as a result of this press— Pentagon. That plane crashed into the issue and the matter of the stimulus the Secretary of Health and Human Pentagon because it could not go any package. Services has entered into contracts further. It was on a direct line for the These important items on homeland which will provide enough vaccines to White House. security should be advanced with the take care of almost all of America, and The plane which crashed in Somerset necessary funding on an appropriations not years down the line but by next County, PA, I believe, was headed for bill, which could go through the con- September, so that we have moved the United States Capitol. Senator ference and get to the President’s desk ahead. SANTORUM and I visited the crash site, next week so these important problems Then, in our hearing on October 3, and no one will ever know for sure, but can be addressed. Senator HARKIN and I pressed the Cen- we do know from cellular phone con- Most fundamentally, the substitute ters for Disease Control to give us a versations that passengers on that bill proposed by Senator STEVENS pro- list of all the bioterrorist threats and plane fought with the terrorists and vides the necessary funding. The sub- to tell us what it would cost to meet brought down the plane. committee, which I had chaired for 61⁄2 the bioterrorist threats. And as usual, There have been three alerts, and years and of which I am now the rank- there was problems with the CDC get- there is no doubt of the tremendous ing member, has the appropriations re- ting clearance from HHS and getting concern in America that there be ade- sponsibility for the Department of clearance from OMB. By the time you quate funding for homeland security. I Health and Human Services. Senator work through the alphabet soup in believe the bill, the substitute which HARKIN, who is now the chairman, and Washington, it is very difficult to get Senator STEVENS has offered, gets that I moved ahead very promptly to ad- anything done. However, we finally job done. dress these bioterrorism threats. found out. When they testified on No- There is the bioterrorism funding of Senator HARKIN and I have worked on vember 29, they testified in a very care- $2,300,000,000, which, when added to the a bipartisan basis on that sub- ful way to say that it was not an ad- existing $338 million, brings the figure

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.070 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12519 to $2,638,000,000. There is funding for we come together on a bipartisan basis Mr. STEVENS. The motion to waive New York, since the commitment was and adopt the Stevens compromise. is debatable. made by the Congress. I yield the floor. The PRESIDING OFFICER. The There is funding for the FBI, Immi- The PRESIDING OFFICER. The Sen- point of order is not debatable. The gration and Naturalization Service, ator from Alaska. motion to waive is debatable. and the U.S. Marshals Service; for se- Mr. STEVENS. Mr. President, it is Mr. SCHUMER. I thank the Senator. curity for nuclear facilities; for addi- my desire to start the process of hav- Mr. STEVENS. I will be happy to tional security for the legislative ing some of the votes that I have indi- yield to the distinguished chairman for branch, the Coast Guard, the Federal cated must be encountered. a question. Aviation Administration, the Secret It would be my intention to now Mr. BYRD. Might we have a quorum Service, the Bureau of Alcohol, To- raise a point of order against the two call? bacco, and Firearms, and the U.S. Cus- emergency designations set out in divi- Mr. STEVENS. May we have a toms Service; and food security; and on sion C of the committee-reported quorum call and I will regain the floor and on and on—postal security, cyber- amendment as prepared by Senator when we come back? security programs, etc. BYRD. The PRESIDING OFFICER. Without Right now, the President of the Mr. SPECTER. Will the Senator yield objection, it is so ordered. United States has provided much need- for a question? Does the Senator not Mr. STEVENS. Under that cir- ed leadership for the free world. The intend to press for a vote on the Ste- cumstance, I suggest the absence of a President has said he will veto the bill vens amendment first? quorum. if it has the extra $15 billion in it. I Mr. STEVENS. It has been requested The PRESIDING OFFICER. The think it would be calamitous if the we now proceed with the point of order clerk will call the roll. Congress of the United States sub- and then proceed with the vote on my The legislative clerk proceeded to mitted a bill to the President in the amendment following that, if it is pos- call the roll. face of that expressed veto threat, and sible to do so. There is still other de- Mr. STEVENS. Mr. President, I ask then the President vetoed it. There is bate to be heard, I think, on my unanimous consent that the order for no doubt about his determination. I amendment. the quorum call be rescinded. saw blood in his eyes when he said that Mr. SPECTER. I thank the Chair. The PRESIDING OFFICER. Without Mr. HARKIN. Parliamentary inquiry, to a group of visiting Senators. objection, it is so ordered. It would be a sign of disunity be- Mr. President. Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. The Sen- tween the President and the Congress, unanimous consent that I be able to ator from Alaska has the floor. which would have a devastating effect yield to Senator BYRD so he might Mr. SCHUMER. Will the Senator on our war effort against terrorism. It make a response to my statement on yield? my amendment and that I regain the simply ought not to happen. In my 21 Mr. STEVENS. I will yield for a par- years here, I have been party to a lot of floor after Senator BYRD has finished liamentary inquiry, provided I do not his statement on my amendment. conferences. When we have had a lose my right to the floor to make my threat from the President for a veto, The PRESIDING OFFICER. Without point of order. objection, it is so ordered. The Senator we acknowledge that there is time for The PRESIDING OFFICER. Without from West Virginia. compromise. objection, it is so ordered. The Senator Mr. BYRD. Mr. President, I do not My distinguished colleague, Senator from Iowa seeks recognition, and the envy myself for being in the position in STEVENS, has given me the audible to Senator from New York seeks recogni- which I find myself. Senator STEVENS abbreviate, so I shall do that, although tion. The Senator from Iowa. is a Senator who can say no and make there is quite a bit more I would like to Mr. HARKIN. Parliamentary inquiry: you like it—almost. He is always so say. I will conclude with a comment The Senator would like to know ex- gracious. I have heard a lot about his about the desirability of not having actly what the situation is at this renowned temper. I have seen it at gridlock in the Senate. time. This Senator has been waiting to work, but he does not lose his temper. When the stimulus package came up, speak on the amendment offered by He uses his temper and is always, as I it was a party-line vote. I think Amer- Senator Stevens. What is the present have witnessed over several decades, ica is sick and tired of bickering on situation on the floor? party lines and on partisanship. I be- The PRESIDING OFFICER. At the one of the most reasonable individuals. lieve that if we divide on party lines present time, there is a first-degree So I do not like to be in a position of again, it will be bad for this institution amendment offered by the Senator being opposite to Senator Stevens. and bad for the war on terrorism and from Alaska to the committee sub- While discussions are going on, let bad for the funding which we need now stitute reported with the bill. me attempt to point out some flaws of to fight the war against bioterrorism. Mr. STEVENS. Mr. President, as I the amendment by Mr. STEVENS. The It is my hope that we will find a bi- understand it, if I set that aside and substitute amendment reduces the partisan resolution here. I concede it is make the point of order and have the amount of money available to the Of- not quite as much money, but the vote on that, then we will come back fice of Domestic Preparedness, ODP, to President is the leader. He has asked to my amendment after that vote. $362 million, a $138 million reduction. for an opportunity to present to Con- Mr. SCHUMER. Parliamentary in- That is a 39-percent reduction from the gress the funding which he and his Di- quiry, Mr. President. bill, as reported, for State and local rector of Homeland Security believe to The PRESIDING OFFICER. Will the law enforcement antiterrorism equip- be adequate. The Congress has rejected Senator from Alaska yield to the Sen- ment and training. the notion of waiting until next year. I ator from New York? The Office of Domestic Preparedness believe the President will respect the Mr. STEVENS. I yield for a par- estimates there is currently no State accommodation, the compromise which liamentary inquiry. that is adequately equipped to respond we have made. It is my hope that we Mr. SCHUMER. Will the good Sen- to an incident involving a weapon of can come together. ator from Alaska answer two ques- mass destruction at the State or local There is legislative anarchy and leg- tions? Are they two separate points of level. islative chaos if the Stevens com- order or one point of order against both Texas, identified as one of the best promise amendment is not enacted and provisions? prepared States, has conducted a study if, instead, we are left to the points of Mr. STEVENS. The way my motion that shows that $159 million in equip- order where nothing will be accom- is worded, I am raising a point of order ment would be needed to bring the plished, and we will be returning here against the two emergency designa- State to the minimum level needed to in January without having completed tions in division C, and I am trying to adequately respond to a terrorist inci- our work and without having appro- get those two issues settled at one dent. In fact, ODP, the Office of Domes- priated funds necessary now. These time. tic Preparedness, estimates funds need- funds can be made available next week Mr. SCHUMER. I presume that point ed to bring the Nation’s State and local with a bill signed by the President if of order is debatable. governments up to minimum standards

VerDate 05-DEC-2001 05:18 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.072 pfrm04 PsN: S06PT1 S12520 CONGRESSIONAL RECORD — SENATE December 6, 2001 could well exceed $2 billion in fiscal to assist the Border Patrol and INS in next generation of truly impenetrable year 2002 alone. Thus, the reduction their duties on the northern border. cockpit doors. The Stevens amendment proposed by the substitute amendment Treasury has not taken the same steps, cuts it by more than 20 percent. is equivalent to the level of funding yet has pulled personnel from the over- As for the nuclear power plants, the needed to bring Texas up to minimum worked posts on the Southwest border amendment by Mr. STEVENS proposal standards. to staff one-person posts on the north- cuts $86 million from the $285 million There are currently over 9 million ern border. They even eliminated fund- provided for enhanced protection of our first responders in the United States ing for added inspectors on the South- Nation’s nuclear weapons plants and who would be called upon to respond to west border. laboratories. a terrorist incident. To date, the ODP This delay places $7.5 billion in inter- The amendment by Mr. STEVENS also has been provided with training funds national commerce at risk daily; $1.3 cuts $131 million from the $286 million that have allowed them to train only billion of which crosses the northern provided for the acquisition and safe- 80,000 of the 9 million first responders border. Instead of providing additional guarding of fissile nuclear material nationwide. people to protect our borders, it will from Russia and states of the former The bill as reported attempted to continue our short-sighted reliance on Soviet Union. more than double the population orange rubber cones to stop terrorists. The non-proliferation programs at trained to date. The substitute amend- The substitute amendment cuts $300 the Department of Energy are the cor- ment’s reduction in funding jeopardizes million for INS construction that is nerstone of our Nation’s effort to keep our efforts to provide the individuals funded in the homeland security bill nuclear material out of the hands of on the front lines with the training even though there is an ever-growing terrorists. necessary to protect their own lives, as overcrowding crisis at the INS. The Stevens proposal cuts all fund- well as the lives of victims. For example: ing—$139 million—for enhanced secu- Furthermore, the amendment by Mr. Of 85 outposts across 9 sectors on the rity at Army Corps of Engineers southwest border, 63 are overcrowded, STEVENS reduces the $300 million in the owned-and-operated facilities: ports, committee bill for FEMA for gathering some grossly so. The worst, a station in dams, and flood control projects na- grants by $10 million; $300 million in Mercedes, TX, was designed for 13 tionwide. the committee bill is reduced by $10 agents but currently houses 142, more Additionally, the proposal cuts all million. than 1,000 percent its rated capacity. funding—$30.259 million—for increased In total, there are 10,150 agents work- As to Federal antiterrorism law en- security at Bureau of Reclamation fa- ing in office space designed for a capac- forcement, the substitute amendment cilities. ity of 5,831 on the southern border. cuts $100 million in the homeland secu- It funds only the GSA request for se- There are 525 agents working in office rity bill to cover the costs of the FBI’s curity of Federal buildings in New space designed for a capacity of 469 on investigation of the terrorist attacks York City. It fails to provide similar the northern border. security for other Federal buildings on September 11. These funds are crit- The substitute amendment makes elsewhere in the country. ical to the investigation of the attacks the same mistake made with the south- How about U.S. port security. from September 11 and the anthrax at- ern border over the past several years. The Stevens amendment then goes tacks. We are building up agents—300 inspec- The substitute amendment cuts $25 further by eliminating two-thirds of tors and 100 Border Patrol agents—but million from the homeland security the funding for marine safety teams to we are not providing the necessary bill for the FBI’s Trilogy, the computer permanently protect our ports. funding to address necessary space re- modernization program. This $25 mil- Under the Stevens amendment, there quirements for them to do their job ef- lion will significantly accelerate the will only be one such team to protect ficiently and professionally. all the ports on the East Coast and one completion of Trilogy. The risks to the safety of agents can- team to protect all the ports on the The September 11 attacks have ex- not be overemphasized and appalling West Coast. posed the vulnerability in the integra- work conditions will do nothing but The substitute amendment reduces tion of the FBI’s computer system. contribute to the Border Patrol’s soar- funding for the port security initiative While FBI agents in the field are work- ing attrition rate. ing around the clock collecting evi- This $300,000,000 is only the beginning through the Maritime Administration dence and clues, their reliance on paper to truly address the enormous backlog by $12 million. files leaves their work fragmented and with INS construction projects. These reductions would eliminate uncoordinated. It will only be when Now, we have heard a lot about air- funding to assist local ports in their ef- FBI agents are linked by the Internet port security. forts to purchase security equipment to one another and the universe of law The bill reported by the committee such as fences, surveillance cameras, enforcement agencies, that the FBI included $200 million to assist the need- and barriers. will actually know what it and others iest airports in meeting the costs of Effective physical security and ac- know about terrorism, espionage, or the dozens of new safety directives cess control in seaports is fundamental organized crime. issued by the FAA since September 11. to deterring and preventing potential Without these additional funds, de- The Stevens amendment cuts that fig- threats to seaport operations, and ployment of Trilogy may be delayed ure in half. cargo shipments. and these unacceptable problems will Senators should ask their small- and Securing entry points, open storage continue to exist. medium-sized airports whether all this areas, and warehouses throughout the The substitute amendment cuts $25 money is needed. Airport revenues are seaports, and controlling the move- million included in the Homeland Se- dropping drastically at the same time ments of trucks transporting cargo curity bill for counterterrorism equip- as the airports are being required to through the seaport are all important ment and supplies. These funds are es- triple their law enforcement expendi- requirements that should be imple- sential for the FBI to have the re- tures and security personnel. mented. They will not be implemented sources they need to properly inves- The Stevens amendment actually under the substitute amendment. tigate the terrorist attacks on Sep- cuts the President’s request to better United States seaports conduct over tember 11, 2001 and the following an- secure cockpit doors by more than 20 95 percent of United States overseas thrax attacks. percent. trade. Seaport terrorism could pose a With reference to Border Security Senators should not be confused by significant threat to the ability of the the substitute amendment cuts over recent announcements that the airlines United States to pursue its national se- $270 million in funding for the Customs have reinforced all their aircraft. All curity objectives. Service. This will prevent Customs the airlines have done to date is install The amendment by my friend would from hiring the necessary inspectors a temporary metal bar and a cheap cut the President’s request for defense and agents to protect our borders. deadbolt. programs by $2.3 billion. On Monday, the Attorney General es- The money in the President’s request Let me say that again. The sub- sentially called out the National Guard for FAA operations is to install the stitute amendment by Mr. Stevens

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.075 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12521 would cut the President’s request for that provided critical care on Sep- safety of their children, the safety of defense programs by $2.3 billion. While tember 11 and the weeks and months their wives, their mothers, their hus- the amendment has no detail, the cut that followed. bands, their fathers. They are con- would need to come from either classi- Mr. President, $175 million is elimi- cerned about the possible loss of life fied programs or force protection pro- nated that would help New York proc- that might be visited upon them to- grams designed to improve security for ess workers compensation claims for night, this very night. our forces around the world. the victims of the September 11 at- So I had three goals in the com- As to the Postal Service, my friend’s tacks. mittee bill. Let me repeat them. amendment would cut $300 million As to Federal facilities, $16 million is One goal is to fully fund the Presi- from the $875 million in my proposal to eliminated for the costs of keeping dent’s request for defense—he would sanitize the mail, protect postal em- Federal agencies operating that were get every penny—$21 billion for de- ployees, rebuild the facilities lost in in the World Trade Center, such as the fense. Nobody can say that this im- New York City. The U.S. Postal Serv- Social Security Administration, the pedes or impinges upon the needs for ice identified $1.1 billion in unfunded Occupational Safety and Health Ad- defense. needs. This proposal cuts that amount ministration, the Pension and Welfare Second, my proposal fulfills the in half. Benefits Administration and the Na- promise of $20 billion for New York. My friend’s amendment to my tional Labor Relations Board. Also, my package responds to the amendment cuts $29 million from the Ten million dollars is eliminated vulnerabilities in our homeland de- EPA for bioterrorism response and in- that would help New York schools pro- fense. vestigation teams. This would under- vide mental health services to the chil- Lastly—I would much prefer to be on cut EPA’s ability to respond to, inves- dren of the victims of the World Trade the side of my friend than to be oppo- tigate, and clean up after acts of bio- Center bombing. site him—my friend’s substitute does terrorism. Hear me. Hear me, Governor of New not meet any of these objectives. My friend’s amendment does this. York Pataki. He came to my office. He I yield the floor. I thank my friend The President promised New Yorkers sat down at the table across from me, for his courtesies. they would get $20 billion to help them and he made his plea for help. I am try- AMENDMENT NO. 2243, WITHDRAWN recover from the September 11 attacks. ing to help him. Yet $10 million is The PRESIDING OFFICER. The Sen- My amendment fulfills the President’s eliminated that would help New York ator from Alaska. promise. My amendment fulfills our schools provide mental health services Mr. STEVENS. Madam President, I commitment. I did not go to New York, to the children of the victims of the shall read and reconsider the sub- but I saw enough on television. I did World Trade Center bombing. stitute based upon the Senator’s de- not go up there and make any prom- The Stevens compromise is $174.4 tailed objections. ises. I stayed here and made my prom- million less than the Senate com- I withdraw my amendment. ise, and I am living up to that promise. mittee bill for the District of Colum- So the substitute, I am sorry to say, Pursuant to section 205 of H. Con. bia. Res. 290, the fiscal year 2001 concurrent cuts funds for New York and other I will soon close my remarks. Before communities directly impacted by the resolution on the budget, I raise a doing so, let me call attention to a cut attacks by over $9.5 billion. Here are point of order against the two emer- in bioterrorism activities by over $1 some examples: gency designations set out in provision FEMA disaster relief, which funds de- billion. The amendment by my friend, C of the committee-reported amend- bris removal at the World Trade Center Mr. STEVENS, would cut bioterrorism ment. site, repair of public infrastructure activities by $1.025 billion. It would cut The PRESIDING OFFICER. The Sen- such as the damaged subway, the dam- in half funds from $1.15 billion to $500 ator from Nevada. aged PATH commuter train, all gov- million for upgrading our State and Mr. REID. Madam President, I sug- ernment offices and provides assistance local public health infrastructure gest the absence of a quorum. to individuals for housing, burial ex- funds, desperately needed to help up- The PRESIDING OFFICER. The penses, and relocation assistance, is grade State and local lab capacity, to clerk will call the roll. cut—cut—by $8.6 billion. enhance surveillance activities, sup- The legislative clerk proceeded to And $100 million for security in Am- port local planning for emergencies, call the roll. trak tunnels is eliminated. Eliminated. and improve local communications sys- Mr. REID. Madam President, I ask Funding of $100 million for improving tems. unanimous consent that the order for security in the New York and New Jer- Recent events have made it clear the quorum call be rescinded. sey subways is eliminated by my that the State and local public health The PRESIDING OFFICER. Without friend’s amendment. departments have been allowed to dete- objection, it is so ordered. As to New York/New Jersey ferry im- riorate. The head of the CDC, Mr. Jef- The Senator from West Virginia. provements, $100 million for critical frey Koplan, testified only last week Mr. BYRD. Madam President, I move expansion of interstate ferry service that at least—at least—$1 billion is to waive section 205 of H. Con. Res. 290 between New York and New Jersey is needed not next spring, not next sum- of the 106th Congress for the consider- eliminated by my friend’s amendment. mer, not in the next supplemental, but ation of the emergency designation on Prior to the September 11 attacks, now, immediately, to begin to upgrade page 397, and I move to waive section 67,000 daily commuters used the PATH our State and local health depart- 205 of H. Con. Res. 290, 106th Congress, transit service that was destroyed. ments. That is the head of the CDC for the consideration of the emergency Those commuters are trying to get to talking. designation on page 398, and I ask that our Nation’s financial center in lower It cuts all funds provided in our pro- the motion be divided. Manhattan. The communities in the posal for the deployment of the small- The PRESIDING OFFICER. The Sen- New York region have been piecing to- pox vaccine across the country. This ator has the right to divide the motion. gether temporary ferry and train serv- vaccine does no good if it is all at the Mr. BYRD. Madam President, I ask ice using facilities that are not even CDC, with no plans for distribution if for the yeas and nays. safe to transport these commuters. The an emergency occurs. The PRESIDING OFFICER. Is there a train riders at alternative train stops He cuts funding for CDC capacity im- sufficient second? are so crowded, the police authorities provements by $57 million. Recently This will be on the first division. are concerned with passengers being the Los Angeles Times reported that There appears to be a sufficient sec- pushed off the platform onto the four men in Georgia were discovered to ond. There is a sufficient second. tracks. Yet the amendment proposed have contracted the West Nile virus 3 The yeas and nays were ordered. by Mr. STEVENS eliminates all this months earlier. The delay in the diag- The PRESIDING OFFICER. The Sen- funding for transit and ferry assistance nosis was due to the large backups at ator from Nevada. in that region. the CDC labs. This cannot continue. Mr. REID. Madam President, there And $140 million is eliminated to re- The people of the Nation cry out for has been a vote ordered on both mo- imburse the hospitals in New York help. They are concerned about the tions to waive; is that right?

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.078 pfrm04 PsN: S06PT1 S12522 CONGRESSIONAL RECORD — SENATE December 6, 2001 The PRESIDING OFFICER. Only the The proposal by the Senator from pictures of the firefighters, the police first division is pending at this time. Alaska puts less money in for New officers, and the emergency response Mr. REID. I ask for the yeas and nays York than either the President did teams coming out of the dust, the on the second. when he committed to us or even that black soot that covered them from The PRESIDING OFFICER. Is there the President argued for in the House head to toe. There were a lot of very objection? bill. That is not a way to heal our kind words spoken, a lot of applause Without objection, it is the order to country. That is not a way to restore and cheers for our soldiers on the front so request. our Nation’s greatest city. That is not line at home who ran toward danger Is there a sufficient second? a fair thing to do. and saved countless lives. There is a sufficient second. Every day we learn of new needs and It is hard to imagine that we are hav- The yeas and nays were ordered. new hurt in New York. The amount of ing this debate. It is especially hard Mr. REID. Madam President, I ask money proposed in this bill helps us when we look back, as I did, at how unanimous consent that there be 60 begin to recover. It helps the families this body responded to the emergencies minutes for debate with respect to the who have lost loved ones. It helps the that were not man-made but naturally motions to waive, with the time equal- office workers who have lost their jobs. occurring, and what happened in Okla- ly divided and controlled between Sen- It helps the small businesses that are homa City. ator BYRD and Senator STEVENS or about to go under because they don’t We know we are going to have a long their designees; that upon the use or have anybody there to buy their wares. struggle ahead to recover and rebuild. yielding back of time, without inter- It helps the large businesses that lost New York is taking on that obligation vening action, the Senate proceed to so much space, 20 million square feet of and challenge. But we also know we vote with respect to the motions to space. It helps us restore our transpor- cannot do it without America’s help. waive. I further ask unanimous consent tation system so damaged. This is America represented in this that—I have checked with Senator To now say that we don’t have an Chamber tonight. When New York City BYRD on this—Senator SCHUMER and emergency is almost as if to say what was attacked, America was attacked. I Senator CLINTON each be recognized for happened on December 7, 1941, was not cannot imagine us ever turning our 5 minutes out of the time of Senator an emergency. What kind of world are faces away from this. In fact, we did BYRD. we living in? How can we contort our- not. We immediately moved to appro- The PRESIDING OFFICER. Without selves in a political knot and deny priate money to be spent for New York. objection, it is so ordered. what is obvious to everyone on this Right now, we are fighting for the Mr. BYRD. Madam President, I yield planet, American and otherwise? In an emergency designation that will put 5 minutes to the senior Senator from effort to deny New York badly needed that money in the pipeline, that will New York. funds, we are now attempting to vote make it available. The PRESIDING OFFICER. The Sen- away an emergency designation. ator from New York. Why is that important? It is impor- In my years here in the Senate, I tant because in every disaster—there Mr. SCHUMER. I thank the Senator have voted for emergencies such as from West Virginia for his leadership. I are some former Governors in this earthquakes and floods. I have voted body, and I have spoken to a few of know he will address the homeland se- for all kinds of money for such. Now an curity part of the debate so well, I will them tonight—when States were flood- emergency has struck my city, a hor- ed, when the hurricanes came, when talk about the New York part of the rible, fiendish emergency caused by di- debate, as I know my colleague, Sen- the tornadoes came, they wanted that abolical people from halfway around money as soon as possible to begin to ator CLINTON, will. the globe. put it to work, to start letting the con- We are about to experience one of the America, my friends in the Senate, most incomprehensible and tracts, to start paying back the over- we need your help. We desperately need time so they did not have to run in the inexplicably absurd moments in the en- your help. Please, do not turn your tire history of this body. We are going red, as we are having to do throughout back on us. Do not turn your back on New York. to debate and vote upon whether what us in our hour of need. Bring America I went back and looked at how fast happened in New York on September 11 together. Unite and help us heal by money got out in other emergencies was an emergency. Think about it. We supporting Senator BYRD’s proposal, by compared to the amount of money that are debating whether what happened in voting against Senator STEVENS’, on was eventually delivered. New York on September 11 is an emer- its face—with all due respect—absurd In the Midwest floods, within 3 to 4 gency. Some are saying it is not an proposal that New York is not in an months more than 40 percent of the emergency. Ask the thousands of fami- emergency situation. lies who lost loved ones as the Twin If New York and if all of America— dollars from the Federal Government Towers collapsed. Ask the firefighters because the attack on New York was had been appropriated. With the and police officers, emergency rescue an attack on America—ever needed Northridge earthquake, more than 30 workers who worked so valiantly, you, it is now. Do not let other types of percent of the dollars had been appro- many giving their lives to rescue those considerations get in the way. priated within 26 days. Ninety-nine in the Twin Towers. Ask the hospitals I yield the floor. days after the Oklahoma City bombing, that extended themselves in ways they Mr. BYRD. I yield 5 minutes to the more than 40 percent of the money that never had to before. Ask our mayor, a distinguished Senator from New York. went to help the people of Oklahoma hero in America. Ask our Governor. If The PRESIDING OFFICER. The Sen- had been appropriated. Eighty-five there was ever an emergency that af- ator from New York. days after the attacks, we are fighting fected the United States and certainly Mrs. CLINTON. Madam President, I over whether or not what happened in affected New York, it was this. Yet rise to once again remind us what an New York on September 11 was an now we are debating whether this was emergency looks like. I have, over the emergency. an emergency. past 25 years, visited the sites of torna- I remember what people said in the New York desperately needs the does, hurricanes, floods, earthquakes, immediate aftermath. We were given money that Senator BYRD has allo- the Oklahoma City bombing. I have enormous support. cated in his bill. When Senator CLINTON never seen anything in my life like ‘‘We will rebuild New York City,’’ and I visited the White House and the what I saw in New York City on Sep- said President Bush on September 21. President committed to help us with tember 11. The television and the pic- ‘‘We will come back to New York $20 billion, it was an act of generosity. tures didn’t do it justice. I had to see it again to see this town rise from the It was an act of understanding that you with my own eyes on September 12. ashes that we saw today,’’ Speaker don’t divide America in a time of need. I rise to join my colleague who has, HASTERT. It was an act that said we are all one, with me and so many others, been ‘‘We are here to commit to the people and when one part of America is working to recover from this, this pic- of New York City and New York, re- wounded and hurt and crying, all of ture of devastation and destruction. I gardless of the region of the country America comes to its aid. remind my colleagues of those early that we come from—and the entire

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.081 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12523 country is represented by this delega- Mr. BYRD. How much time does the secure these people, and I am grateful tion—that we will stand with you.’’ Senator from New Jersey wish? to the Appropriations Committee for Senator LOTT. Mr. TORRICELLI. Three minutes. its commitment. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who ator’s time has expired. ator from New Jersey. yields time? Mrs. CLINTON. I ask unanimous con- Mr. TORRICELLI. Madam President, Mr. STEVENS. Madam President, sent for 1 more minute. I thank the Senator from West Vir- does the Senator from West Virginia The PRESIDING OFFICER. Without ginia for yielding the time. need additional time now? objection, it is so ordered. There are moments when we are re- Mr. BYRD. I need some additional Mrs. CLINTON. Madam President, on minded why our fathers and mothers time. I was hoping the other side could behalf of not just New York—let’s not created this Union. This is one of those use some of its time. look at it abstractly as just the big moments to provide for the common Mr. STEVENS. I will be happy to State and the big city that we are. I defense, to promote the general wel- yield 10 minutes of our time to the want everyone to picture the faces of fare. Senator from West Virginia and shift it those firefighters, police officers, and All of America was attacked, but over to his control. emergency workers, and then I want that attack fell most directly on the Let me briefly state the position of everyone to think about the widows peoples of several States. The Presi- this Senator on the motion to waive. and the orphans. Our country was in- dent of the United States has reminded As I have stated, the President, as vaded, and under the Constitution, we us that in this new war, we are all sol- Commander in Chief in a time of war, owe, as a nation, the protection and diers. If that be the case, the obligation has said he believes he has requested certainly the support of this body for of this Senate is to provide resources ample money to take him through to which we are fighting tonight. I hope for all the police officers, all the citi- the time when he will submit, based on that what is an emergency will be zens, all the workers who are on the Governor Ridge’s report to him, the voted as such this evening. front lines. moneys that are necessary to conduct Thank you, Madam President. The Senator from West Virginia has the homeland defense for the United The PRESIDING OFFICER. Who answered that call for my State, and I States. He has also said he believes we yields time? believe for the national interest. Since have now sufficient funds to pursue the Mr. CONRAD. Madam President, I September 11, thousands and thousands war that is being conducted against ask for 2 minutes. of people are unable to get to their global terrorism based on the moneys Mr. BYRD. I yield 2 minutes to the place of employment because the that have been presented in section A Senator. trains under the Hudson River were, in of this bill, and the additional moneys The PRESIDING OFFICER. The Sen- some instances, destroyed; businesses for defense in section B of this bill. ator from North Dakota. had to relocate and have had enormous Those moneys are presented pursuant Mr. CONRAD. Madam President, I economic disruptions. The Appropria- to the act of September 14, which speci- rise as chairman of the Senate Budget tions Committee has provided money fied that not less than $20 billion of the Committee to point out that while our to repair those trains, and $100 million moneys involved would go to New Republican colleagues are opposing $15 for ferry service so businesses can con- York, Virginia, and Pennsylvania to billion to strengthen our defenses and tinue to operate. help react to the events of September to rebuild what has been destroyed in We are told that one of the greatest 11. the sneak attack on this country—they threats to our security in another ter- My amendment—I have withdrawn it argue that this will add deficits—at the rorist attack is the tunnels under the now, but I will offer it again probably very same time, they are proposing an Hudson River, identified as the pri- in the morning—does not change that economic stimulus package that adds mary threat in the country. The Appro- law. Nothing in the proposal of the $146 billion of deficits over the Demo- priations Committee has provided $100 Senator from West Virginia changes cratic stimulus plan over the next 3 million to repair the tunnels for safety, the September 14 law, as I understand years, 10 times as much in deficits in for fire, for escape. it. He seeks to add to it, but he does their economic stimulus plan than the We are told that one of the greatest not change that, and that law guaran- $15 billion that would be used to threats, from a previous threat from tees $20 billion. strengthen homeland security and to the al-Qaida organization, was to at- Now, I do not have my tie on to take rebuild the devastation in New York. tack the tunnels for automobiles and on the Senator from New York as I Something does not make sense. bridges. Indeed, that attempt was might normally. That will be tomorrow In their stimulus package, they have foiled once before, but we remain vul- probably, but right now let me say to $25 billion, as the New York Times nerable. the Senator from New York, no one pointed out this morning, that would The Appropriations Committee has knows disasters in the United States simply go to help the biggest corpora- provided $81 million for security up- like Alaskans. We have an earthquake tions in America avoid taxes alto- grades of the George Washington about every week. We have tidal waves. gether. Bridge and the Lincoln Tunnel. We have tornados, floods. We under- They argue: No, no, go slow, the Finally, on this very day, we have stand emergencies. President might veto. Nobody argued this Senator’s testimony about the vul- We have not said New York did not go slow when we counterattacked those nerability of millions of uninspected suffer an emergency. We have merely, who attacked America. Nobody argued containers coming into this country on by this point of order, said emergency that we ought to go slow when the container ships from every corner of money is not needed now to meet the President went to New York and prom- the Earth. The Appropriations Com- needs of the people affected by Sep- ised to rebuild. This is not the time to mittee has provided $29 million for new tember 11 because with this bill, we go slow in protecting America and re- security personnel and new boats for have put up a total of $40 billion, plus building that which has been de- New York Harbor to ensure these ships the moneys that are in the bill itself. stroyed. This is the time to act. are intercepted, and that these con- They cannot even come near to be The greatest irony is I was informed tainers are inspected to assure the spent before we can get the next sup- last week by sources within the admin- safety of our people. plemental out. istration that they themselves are President Bush is right. This country I am informed that New York has working on a $20 billion supplemental is at war. It is not a distant war. It only requested so far less than $5 bil- appropriations bill for early next year. may be fought in Afghanistan, but it lion of the money to which it is enti- The PRESIDING OFFICER. The Sen- began in New York and in Washington. tled. ator’s time has expired. The PRESIDING OFFICER. The Sen- I do not mind being a whipping boy. Mr. CONRAD. Madam President, we ator’s time has expired. You play with the cards you are dealt. should not wait. We should act. Mr. TORRICELLI. These are the re- My role is to try to get this bill to con- The PRESIDING OFFICER. Who sources in a very real way, just as real ference. I want the bill enacted before yields time? as in Afghanistan to win that fight to Christmas. I think New York is better

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.083 pfrm04 PsN: S06PT1 S12524 CONGRESSIONAL RECORD — SENATE December 6, 2001 off to have it enacted before Christmas. helping our national defense. We have people are saying let us make the $40 I do not think it can be enacted before to have a bill that is going to be signed billion $55 billion, even though we have Christmas if we have a situation where by the President of the United States. only spent 16 percent of the original $40 we have a veto of this bill. I do not I read the President’s statement of billion. I think that is moving a little think we should be challenging the policy, and it does not equivocate. It aggressively, maybe a little too fast, President of the United States. says if the final bill presented to the and maybe not giving us a chance to I remember standing in this Chamber President exceeds either of the agreed- figure out the cleanup costs. as the chairman of the committee ask- upon spending levels, the President Both Senator Stevens’ bill and Sen- ing for money for the former President will veto the bill—the spending levels ator BYRD’s bill have a lot of money for of the United States to conduct two of $686 billion that he agreed to. And I FEMA. I do not know, and I do not wars against which I voted. I have al- might mention he increased that know that anybody knows, how much ways honored the request of the Presi- spending level to get an agreement. He FEMA is going to need for cleanup dent of the United States with regard had an agreement with Members of costs for Virginia and New York, but to defense and emergencies, too. I re- Congress, Democrats, and Republicans. we are paying every bill that FEMA member standing in the Chamber and I might mention the Democrats in the has been requested to pay. asking for money to replace the money House insisted he put it in writing. It I contacted the mayor’s office in New that the former President of the United was put in writing on October 2. York City and they said every single States used under the Food and Forage That agreement was for $686 billion bill they have submitted to this admin- Act to conduct activities in Kosovo and in discretionary spending. That was for istration has been paid within 5 days. Bosnia, that I opposed. a growth level of over 7 percent. The That was from the mayor’s office as re- This is no precedent. This is a proce- President agreed with that. Subsequent cently as a few days ago. So if every dure established to assure the Congress to that, the President agreed to an bill has been paid, they are making agrees with the designation of emer- emergency spending bill of $40 billion. good on their commitment. gency in terms of spending. We are not I might mention we were marking up Why not give the administration a saying there was not an emergency on the bill—I am sure my colleague from chance to look at the total costs. Gov- September 11. Anyone who watched the West Virginia remembers this—and the ernor Ridge was appointed to be head television—and I did visit ground zero. bill was $20 billion. At one time, some of this task force. We give him enor- God knows there was an emergency up people were saying maybe it should be mous responsibility. Let him make rec- there and one that will be ongoing, but less than that, but it was at $20 billion. ommendations. Then we will consider New York is not going to be rebuilt be- Then our colleagues from New York those recommendations. I am sure we fore March of next year. The money in and the Governor and the mayor of will pass almost all of them. We may this bill, the $40 billion, cannot be New York prevailed upon the President modify them. We have that right. To spent before March of next year. There to make the $20 billion $40 billion. So say we will preempt and move ahead, is no necessity for additional money in one afternoon, in a period of hours, we are wasting our time. The President now. There will be a necessity to re- right before the very day we were pass- says he will veto it. I tell my friends, spond to the President’s request next ing the emergency assistance bill, it we have the vote to sustain the veto; spring. Therefore, I believe the motion was $40 billion. why go through this exercise? to waive is not necessary, and I oppose That bill was passed unanimously. It Finally, some have implied we are it. was done in a bipartisan fashion. We all not doing anything for the victims in The PRESIDING OFFICER. Who agreed, let us make it $40 billion. We New York. This disaster happened Sep- seeks time? were basically saying let us work to- tember 11 and it is December 6 and we Mr. BYRD. Does the other side wish gether on this. I questioned whether or have not enacted legislation. Let me to yield some time to themselves? not at that time it needed to be $40 bil- correct that. At least compare it to Mr. STEVENS. We yielded 10 minutes lion. I was saying, why do we not do $20 what we did in Oklahoma City. We had of our time to the Senator from West billion now, and if we need another $20 a disaster in Oklahoma City. It killed Virginia. billion, we will do it? But we all 169 people. That is not as bad as 3,000 or Mr. BYRD. I understand. agreed, let us do $40 billion. 4,000 but it is still pretty bad. Mr. STEVENS. Does the Senator We had a significant discussion about What did we do? For New York City, from Oklahoma seek time? how that first $20 billion would be con- by the end of the week or hopefully by Mr. NICKLES. How much time re- trolled, and we agreed basically $10 bil- the end of next week, we will pass leg- mains on both sides? lion at the President’s discretion, the islation that will say victims who were The PRESIDING OFFICER. Fourteen other $10 billion the President would killed, their families will not have to minutes remains for the minority; 24 submit his request to the appropriators pay any tax on income earned this year for the majority. and they would sign off on it. They had or the previous year. That is a benefit The Senator from Oklahoma. 15 days to do that. preserved primarily for the military. Mr. NICKLES. Madam President, Then we said the additional $20 bil- We will make that apply for the people first I wish to compliment our col- lion would be subject to a separate ap- who were killed as a result of the Sep- leagues for this debate, and particu- propriations bill, and that is what we tember 11 disaster. We never did that larly Senator STEVENS. It is not easy have in the Department of Defense bill. for the people in Oklahoma City 6 when one takes on the chairman of the Some people might be wondering why years ago, but we will do it in this Appropriations Committee. I have this is being done in the Defense bill in case, and I strongly support it. Very great respect for my friend and col- the first place. It did not have to be in good. That is positive. league from West Virginia. I do not Defense. We just said it will be in a Some of the families, the survivors of happen to agree with him on this par- subsequent bill. It could have been an families were lobbying for that. I com- ticular issue. I agree with him on a lot independent bill or it could have been pliment them for that. We are going to of issues. This is not one I agree with in an appropriations bill. So that is the deliver. That will be valued assistance. him on, and I will state why. $20 billion. The President agreed with They will get back all the taxes they I have heard some colleagues imply if that. Both parties agreed with that, paid last year and all the taxes they we do not support this, we are not in and it was passed. paid this year. That will happen soon. favor of New York, or we are not in That is all we have agreed on. The They will not go through bureaucracy. favor of rebuilding, and I just totally President says that is enough for now. That will happen. I am happy we can disagree with that. I think every one of The President said he is willing to provide that assistance. us wants to help New York, wants to make whatever considerations are We have also already passed a vic- help Virginia, wants to help our coun- needed in the future. The President’s tim’s compensation fund and we have try, wants to provide for national secu- letter also said the administration appointed a special master. The Attor- rity, wants to provide for a defense bill. spent less than 16 percent of the $40 bil- ney General appointed a special master I am trying to look at where we are lion designated by Congress to respond who is trying to come up with an ade- in regard to helping New York and to the September 11 attacks. Yet some quate compensation system for people

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.090 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12525 who lost a family member as a result of utes to the Senator from Rhode Island, The PRESIDING OFFICER. The Sen- the disaster. That moved quickly. We Mr. REED. ator from Rhode Island is recognized never did that in Oklahoma City. Some The PRESIDING OFFICER. The Sen- for 2 minutes. people estimate they will receive large ator from Iowa. Mr. REED. Madam President, I rise payments. I don’t know. I think it has Mr. HARKIN. Madam President, we to support the efforts of our chairman, something to do with how much com- are talking about just another part of Chairman BYRD, on an extraordinary pensation they receive or how much the defense of our country. If we think package that recognizes the reality we they will receive from the insurance of what is happening in Afghanistan, if have to do more, not less, and we have companies. That is very significant. we found out our troops were ill- to do it now to respond to the issue of Congress has already acted on that. trained, that our radar was out of date, homeland defense. Hopefully, checks will go out to the and they were short of ammunition, we A few weeks ago I met with my Gov- families and those in need of assistance would have hearings. We would call in ernor and all the emergency prepared- will get that quickly. the experts, we would listen to them, ness officials in the State of Rhode Is- It would be shortsighted to say we we would find out how much they need- land. They have an excellent plan. are not taking care of families. I think ed to make sure our troops were They have an idea of what they can do, they have significant assistance trained, to make sure our radar what they must do. They don’t have through the Tax Code by this Congress, worked, and to make sure they had the resources to do it. Time waits for this year, and I think they will get enough ammunition, and we would sup- no person. And if we waste this time something through the victim’s com- ply it. when the crisis comes and a response is pensation fund which Congress has al- That is exactly what we did for this necessary, the plans won’t mean any- ready enacted. That should happen bill. We brought in the witnesses. We thing. pretty quickly. heard from the experts. We asked: This funding is critical now. It is Congress has been moving. Maybe we What do we need to protect the people critical to protect our preparedness in- don’t move as fast as some think we of this country in terms of a bioter- frastructure to allow first responders should, but that is pretty quick. What rorist attack? That fell under the juris- with appropriate equipment, with ra- about rebuilding New York City? Okla- diction of the subcommittee which I dios that communicate with all the dif- homa City just had a dedication to re- chair. Senator SPECTER and I had four ferent agencies, to be in place—not on build the Murrah Building destroyed 6 hearings. Senator STEVENS and Senator order. We have to move now, and we years ago. They just had the BYRD attended those hearings. We had have to move aggressively, and that is groundbreaking today. Again, every- good testimony. What they came up what the chairman has done. He has body is wanting to move full speed with was the expert judgment of what carefully weighed conflicting demands ahead, but use a little common sense. we needed to protect our people against for scarce resources, and he has come Work with Governor Ridge. Let him a bioterrorist attack. up with a plan that covers the gamut have some input on what is needed. Let If I put it in military terms in terms of major responsibilities at the State the President of the United States have of bioterrorism, our troops are ill- level. We have to protect our infra- some input on what is needed. Let’s trained, our radar is out of date, and structure. We have to protect our nu- work together in a bipartisan fashion we don’t have enough ammunition. For clear facilities. We have to ensure that to figure out what is needed, not one example, we had testimony that we all of our State agencies and Federal party saying this is what we will insist needed to get our small pox vaccine agencies and not-for-profit groups, upon. Let’s work together. We did it manufactured and deployed. This bill such as the Red Cross, are coordinated. for the initial $40 billion. I think we includes $829 million to do that. The Rhode Island is one of three or four can do it for the future. We can do it substitute amendment would take that States that have a plan that has been working with the administration. It down by $267 million. We would cut approved and accepted by the Federal will not happen in this bill, trying to local and State public health prepared- Government. They know what to do. jam $15 billion on the President, saying ness by over $650 million. This is our But they would be the first to tell you, he will not sign it and we will sustain radar system. These are the people, if as they told me, they don’t have the re- the veto. That will not happen. an attack happens, who will pick it up sources to do the job. When the crisis I urge my colleagues to vote no on immediately and keep it from spread- comes, when an attack comes, we can- waiving the budget point of order. The ing. We had $1.15 billion. The amend- not satisfy our constituents simply by budget point of order is well made. Let ment, the substitute, only has $500 mil- saying we had a good plan. We have to us work today. When we waive the lion. There are cuts for CDC for the lab be able to act. This money is necessary budget, we should do it when we are capacity. These are things we need to now. I commend and thank the chair- working together. If we waive the protect our people. man for his great efforts, his leadership budget and say budget rules don’t We heard from the experts. We got on those resources. apply, do it when we are all on the their testimony. We made a judgment If I may, I request 1 more minute. same bandwagon, when we are working call as to what was needed to protect Mr. BYRD. I yield 1 more minute. together, not for partisan advantage us from a bioterrorist attack. We had Mr. REED. I am particularly con- trying to make some look as if we $3.9 billion—it was $3.3 billion for pub- cerned, in terms of assisting local com- don’t care about New York or care lic health and $600 million in agri- munities, that they have these re- about fighting terrorism. That is false. culture, for a total of $3.9. The sub- sources now because it will signal, Every Member serving, House and Sen- stitute amendment only leaves $2.3 bil- first, that the Federal Government is ate, cares about New York and cares lion. committed to supporting them now; about fighting terrorism. I urge my Just as we would not want to short- second, it will leverage State dollars. colleagues to work together in a bipar- change our troops in the field overseas, We are approaching a situation where tisan fashion, work with the adminis- we don’t want to shortchange the the States are under extreme fiscal dis- tration, work with Governor Ridge to troops we have at home. Our public tress. Without the foundation of this come up with something mutually ac- health officials, our local hospital ad- Federal funding, I am very pessimistic ceptable that will provide the Nation ministrators, the laboratories, the that States will come forward. security and make sense economically manufacturers of the small pox vac- If it is not important for us, the Fed- and not break the bank at the same cine, make sure they have the equip- eral Government charged with protec- time. ment they need to protect our people. tion of our country, then how is it im- I yield the floor and reserve the re- Mr. STEVENS. I ask unanimous con- portant to a State legislature to appro- mainder of my time. sent the time remaining be divided 25 priate funds this coming year, in the Mr. BYRD. How much time do I have minutes to the Senator from West Vir- next few months? That is another rea- remaining? ginia and 5 minutes to me. son I believe we have to act now. We The PRESIDING OFFICER. Twenty- The PRESIDING OFFICER. Without have to act promptly. three minutes forty-five seconds. objection, it is so ordered. In addition, we have to be able to Mr. BYRD. I yield 3 minutes to the Mr. BYRD. I thank the distinguished support the efforts of the State govern- Senator from Iowa and I yield 2 min- Senator from Alaska. ments to begin to take these plans and

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.093 pfrm04 PsN: S06PT1 S12526 CONGRESSIONAL RECORD — SENATE December 6, 2001 operationalize them—to go and actu- $100 million for ferry service, $81 mil- from the New York moneys that were ally test these plans. Frankly, we will lion for law enforcement. Part of that, guaranteed. I think we probably should not know the gaps until they go out $34 million, is going to the State police have included New Jersey in there on and test it. This money could enable in New Jersey. We have one boat pa- September 18, as a matter of fact. that. trolling the ports—one boat. But I urge the Senate not to declare The PRESIDING OFFICER. The time The PRESIDING OFFICER. The time this emergency and not to support the of the Senator has expired. of the Senator has expired. waiver of the budget resolution that Mr. REED. I yield the floor. Mr. CORZINE. For all these various provides for such a procedure of a point Mr. BYRD. I yield 3 minutes to the reasons, I strongly support Senator of order when the moneys exceed the Senator from New Jersey. BYRD’s amendment. amount of the budget process. We had The PRESIDING OFFICER. The Sen- Mr. STEVENS. Madam President, I an agreement with the President. The ator from New Jersey. shall use the remainder of our time and Senator from West Virginia and I have Mr. CORZINE. Madam President, I then the Senator from West Virginia, done our absolute best to keep the strongly support the leadership and the chairman, shall close on this mo- agreement with the President. I think initiatives of the distinguished Senator tion. the Senator from West Virginia will be from West Virginia with regard to I call to the attention of the Senate the first to admit his $15 billion goes these issues on homeland defense. that the act of September 18 was spe- beyond the concept of the rest, to There are so many powerful argu- cific in the sense of dealing with $40 which the rest of us were committed. ments that support this investment billion for the costs of: I hope to be here in the Chamber in that I think our society needs to make . . . providing Federal, State and local pre- March or April supporting the chair- in the protection of our communities paredness for mitigating and responding to man, the Senator from West Virginia, through the bioterrorism initiative, the attacks . . . providing support to and supporting the request of the which puts money in State and local counter, investigate, or prosecute domestic President of the United States for addi- hands, money that will make a dif- or international terrorism . . . providing in- tional moneys to cover many of the creased transportation security . . . repair- targets of his amendment. ference to make sure we have the plans ing public facilities and transportation sys- in place to really protect our people. I yield the remainder of my time. I tems damaged by the attacks; and . . . sup- yield the floor. I live in New Jersey. We had a num- porting national security. ber of anthrax-related events in our The PRESIDING OFFICER. The Sen- Then it says: ator from West Virginia. Postal Service. We were not prepared, Provided, That these funds may be trans- and the State ended up coming in and Mr. BYRD. Madam President, let me ferred to any authorized Federal Govern- thank my friend, Senator STEVENS, for spending enormous amounts of money. ment activity to meet the purposes of this being the man that he is. He is a Sen- It needs to be addressed now. That is Act. ator. He is a first-class Senator. He why the kind of program that Senator It later specifically says: lives up to his responsibilities under BYRD has put together is so important. . . . not less than one-half of the $40 billion the Constitution. He reveres this insti- It is a good economic policy. We need shall be for disaster recovery activities and tution. He lives up to his promises to to have confidence in our society right assistance related to the terrorist acts in his fellowman. I watched him the other now. This is a statement to all of the New York, Virginia, and Pennsylvania, on day in the committee and how he said people in this country that we take September 11, as authorized by law.... no. He is a Senator who says no and these issues seriously with regard to ‘‘As authorized by law,’’ the funds does not lose respect in any way. He homeland defense, whether it is from must go to Federal agencies for author- does not make you angry. He almost bioterrorist attacks or whether it is ized Federal activities. makes you like him when he says no. protecting our nuclear plants, of which Senator BYRD’s amendment—and I He is a remarkable man. In this debate, think we are going to have to go there we have four in New Jersey. It is abso- he has given me much of his time. He sometime in the future—goes beyond lutely essential we send out these sure did the right thing. He offered to let and certain statements that we care. this law. It goes beyond the $40 billion me close the debate on my motion. I It is good economic policy because it and makes $15 billion more available, could close the debate, but he offered will stimulate our economy. We do not and not all of it is channeled through it. I didn’t have to fight for it. want to get too far away from that. Federal activities. Madam President, I thank my friend. This is real expenditures that will be Again, I do not argue with the intent. Let me say this: No matter what the out the door quickly. I think he is right. Eventually we will outcome, Senator STEVENS will always Our States are desperately strapped, have to do that. But for now, if we look be my friend. I will not think less of as the Senator from Rhode Island was at what my amendment has done—and him for his opposition. I will think just saying. New Jersey has a $1.9 bil- we are going to modify it to a certain more of him for the way he has con- lion deficit in this fiscal year, the one extent, based upon the comments of ducted himself. We have two Medal of that ends June 30. They need resources the Senator from West Virginia and Honor winners in this body, as far as I to be able to be economically sound in the Senators from New York. No one is am concerned: DANNY INOUYE; and, al- a tough economic environment. perfect about this. We are trying to al- though TED STEVENS hasn’t formally It is inconceivable to me that we do locate this money where it is needed been presented with such a medal, from not stand strong with New York City within the $40 billion and follow the ex- me he gets one also. I love him. There and New York State at this period of isting law and authorization. The au- is a friend who walketh closer to a time. I have seen the two Senators thorization for the $20 billion we are brother. And TED STEVENS is one who make their presentations today with dealing with now is in the act of Sep- does that. regard to the devastation. This is tember 18. But for that authorization, On November 8, President Bush ad- money not going to be available in the the whole amount would be subject to dressed the Nation. In his remarks, the near term when the need is the great- a point of order on the basis of emer- President asked the American people est. We need to act. I have lived and gency. But that emergency was de- for courage. He asked them for vigi- worked in the community around New clared on September 18. lance, for volunteerism, and for adher- York for 30 years. The desperation, the We are dealing with a concept of ful- ence to time-honored values. He called depression that we have—in an eco- filling that. Nothing we do tonight will upon them to carry on with their lives. nomic and emotional context—is real. alter the commitment to New York He told them that they had new re- We need to send these signals. That is and Pennsylvania and Virginia that sponsibilities. He asked for their help what this is about. It will do much not less than $20 billion of the $40 bil- in fighting this new war on terrorism along those lines. lion is dedicated to Federal activities here at home. I will be very parochial. This bill has in support of recovery in those States. I have no quarrel with many of the meaningful elements in it for the State Respectfully, New Jersey was not in- things which the President said. But of New Jersey—those parts of New Jer- cluded, I am sorry to say. They prob- the first responsibility of any govern- sey, by the way, that are linked inex- ably are the beneficiary of some of the ment is to protect the safety of its citi- tricably with New York City. There is moneys that will be spent in recovering zens. How can we ask our people to

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.095 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12527 shoulder new responsibilities to fight lion even to begin. Whether the an- We all may cheer the victory in Af- the war against terror, unless this Gov- thrax scare was homegrown or the ghanistan when it finally comes, and ernment first lives up to its most basic work of madmen in other lands makes we may all breathe a little easier if bin duty—ensuring the safety of our citi- no difference. Poisoned mail poses a Laden is caught, but we dare not forget zens on our own soil. new threat to our people and we need that the bin Laden organization has Ask those men in Afghanistan: How to find ways to deal with making mail branches in 60 countries. They are here would you vote on this amendment? safe to handle and safe to receive. in the United States. They are cun- Would you vote to give the people back Smallpox could be a devastating blow ning. They are organized, as we have so home the security that this amend- to this nation, and indeed to the world, painfully learned. ment provides to them? How would should some madman find a way to un- Yet there is opposition to the moneys they vote? I have no doubt that a great leash its horror on an unsuspecting to beef up the computer capabilities of majority of them would vote for this population. Yet, where is the massive the FBI, the Immigration and Natu- amendment. They are thinking of their effort to develop a safe vaccine? ralization Service, and the Bureau of loved ones back here, too, who might We need billions to combat this and Customs—all agencies charged with any day be subjected to a terrorism at- other bioterrorism threats. monitoring the people and goods which tack. Would they take the position, We need a commitment to improve come over our borders or for tracking well, let them wait until the spring? our health care facilities—to train per- down terrorists once they get here. Let them wait for the supplemental? sonnel to deal with widespread diseases In short, there has been plenty of lip How laughable that is. and panic. Especially in rural areas, service paid to homeland security, but This Government must take positive, there is next to no frontline of defense talk is much cheaper than a Federal proactive steps right now to shore up against such bioterrorism attacks. We funding commitment. And while it is our homeland. If we are all to become are like children in the dark being fine to lift spirits, it is not enough. It citizen soldiers here at home, let us asked to be brave in the face of an is essential to dedicate funding to pro- make sure that we provide those home- enemy we cannot see, and whose ac- tect entities most vulnerable to ter- land soldiers with at least a front line tions we cannot predict, and with no rorist attacks. of defense. I am talking about pro- ammunition forthcoming from a fed- Madam President, we have been sent tecting our airports; screening baggage eral government to which we all pay a horrific message. We have awakened and passengers thoroughly; protecting taxes. What better use of the tax dollar with a start. We have suffered bad mass transit; protecting rail service; than to protect our citizens as well as dreams. Yes, we have suffered night- guarding our ports; patrolling our nu- we can from the scourge of terrorists mares. We have awakened, as I say, clear power plants, dams, bridges; who have already killed thousands of with a start. But we dare not return to guarding chemical plants, food sup- Americans. We fail our people and we our slumber. We dare not let our con- pliers, water supplies; protecting malls, fail them grossly if we do not do all we centration wane and our attention and stadiums. If 911 taught us any- can to keep them safe in their own wander. We will not be safer as a na- thing, it taught us that we are vulner- beds. No volunteer effort can do that. tion than we were on September 10, if able in hundreds of ways. It taught us No tax break can do that. Only a we do not use the lessons that we have that the unthinkable is not only think- strong Federal commitment from the learned to make us stronger now. We able—it has happened. We are totally government can have any hope of suc- will be just as unprepared the next derelict in our duties as public servants cess for such a massive and important time, God forbid, and it will be the if we learn nothing—take no real ac- task. fault of this Government and its com- tion—as a result of the horrific experi- States will be in the frontline of any placency. Issuing terrorism alerts is no ences of September 11. homeland defense effort, yet the states substitute for taking real action that On November 8, the President’s re- are in severe financial difficulty. Four we know can help minimize the marks were the classic call to public out of five states are sliding into or are threats. service. ‘‘Ask what you can do for your in a recession, and state revenues are So I plead with my colleagues to sup- country’’ was its rhetorical theme. And suffering accordingly. Moreover many port this package which is intended to I applauded him. And while I have no of the tax cuts in the House-passed make our people safer and more con- problem with those sentiments, and stimulus bill would serve to rob states fident. It is not a package which di- hope that they do inspire more of our of the very revenues they need at this vides Americans. It is not a proposal people to service and unselfish action, I time. that pits the rich against the poor or think that we should all be aware that An October survey by the National corporations against working people. It the ground has shifted under us. The Conference of State Legislatures re- is a program for the safety of all Amer- battleground is no longer just on some vealed that almost every state is expe- icans. It is something Democrats and distant shore in Afghanistan, it is in riencing revenue shortfalls. Forty- Republicans can do together for our New York, Florida, Pennsylvania, Cali- three states and the District of Colum- people. There should be no aisle separa- fornia, Washington—indeed anywhere bia now report that revenues were tion here. It can change the tone in in this great land. I think that the below forecasted levels in the opening Washington by promoting unity among American people now have a right to months of FY 2002. At least 36 states elected leaders. We can come together ask their country what it can do for have implemented or are considering for the benefit of every man, woman their safety. budget cuts or holdbacks to address fis- and child in this Nation. We can im- Anthrax has turned up in our mail. cal problems. Twenty-two states have prove the climate of fear which is trou- Where is the massive effort to be sure implemented belt-tightening measures bling our people and hurting our econ- that we can sanitize our mail for that that include hiring freezes, capital omy. There is no partisanship—no threat? project cancellations and travel re- partianship—in homeland security. It I have received 12 letters from my strictions. Six states have convened in is our solemn duty. And anyone who constituents since those Twin Towers special sessions to address budget prob- was living in this country on Sep- went down—12 letters I have received. lems, and several others are consid- tember 11 knows deep in their heart My staff has been evacuated from the ering special sessions later this year or that we had better start to do some- southeast corner of the Hart Building. early next year. Yet, we put more on thing now. What about the people out there? What them. We ask them for more. Madam President, I am already at about their safety? What about my How can we expect States in such the beginning of my 85th year. I have wife’s safety when she goes to the mail- shape to mount a frontline defense for seen wars and depressions and natural box? My daughter, your daughter, his our people if the Federal Government disasters of huge proportions. Always, daughter, think of them. does not help with additional moneys Madam President, always we have had The Postmaster General has been dedicated to that cause? That is not leadership that acted quickly to pro- told by this administration that he will just a rhetorical question. The failure tect America and her people. Now we only get $175 million for equipment to to respond may have real and disas- are faced with perhaps the most dan- sanitize mail. He needs at least $1 bil- trous consequences. gerous threat that we have ever faced—

VerDate 05-DEC-2001 05:43 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.043 pfrm04 PsN: S06PT1 S12528 CONGRESSIONAL RECORD — SENATE December 6, 2001 terrorists on our own soil. Terrorist our duty to ease the palpable fear in IDAHO: $65.8 Million since 1989 for severe cells in more than 60 countries in this this Nation? I hope not. For if that is storms, flooding, mud slides, and wildfires. world; terrorists plotting right now— so, we have failed this Nation at its The PRESIDING OFFICER. The Sen- right tonight; while we sleep, they will most critical hour. That is not the Sen- ator’s time has expired. be plotting; plotting right now—the ate I know. That is not the Senate to All time has expired. Mr. STEVENS. Parliamentary in- next attempt to kill massive numbers which I have given most of my life. quiry. of innocent people. Once again, I ask Senators to turn The PRESIDING OFFICER. The Sen- I do not want to stand on this floor away from the sterile illogic of this ator from Alaska. after the next terrible attack and say misguided point of order and come to- Mr. STEVENS. Which division will be to my colleagues, ‘‘We should have gether to protect our homeland and our the subject of the first vote? acted sooner. We might have saved people. The PRESIDING OFFICER. Division lives.’’ None of us want that on our I thank all Senators. And I thank Mr. I. conscience. We can act now. We can do STEVENS in particular. I thank him. Mr. STEVENS. Homeland defense. all that we can right now to ‘‘promote EXHIBIT NO. 1 Thank you. the common defense.’’ Let us not wait. APPROPRIATIONS COMMITTEE TRADITION FOR The PRESIDING OFFICER. The Let us not give bin Laden more time. RESPONDING TO NATURAL DISASTERS FY question occurs on division I of the mo- Let us not hew to the party line so 1989–2001 tion to waive section 205 of H. Con. Res. closely that we sacrifice the safety of The Senate Appropriations Committee has 290 of the 106th Congress. The yeas and our people. a long, bi-partisan tradition for responding nays have been ordered. The clerk will The White House pulled out all stops to natural and man made disasters. Why call the roll. today in the effort on behalf of the leg- Members are now resisting using the emer- The legislative clerk called the roll. islation that has been given the name gency authority for homeland defense and to Mr. NICKLES. I announce that the fulfill the $20 billion commitment to New of: promote trade security. It is fast Senator from Texas (Mr. GRAMM) and York boggles the mind. the Senator from North Carolina (Mr. track—fast track. And I cannot rec- FEMA Disaster Relief funding for major oncile what I seem to see: an adminis- disasters over the last 11 years follow: HELMS) are necessarily absent. tration that says, give me fast track, TEXAS: $1.090 Billion for Tropical Storm The yeas and nays resulted—yeas 50, an administration that says, no, but Allison ($452 million in 2001, including emer- nays 48, as follows: slow down when it comes to providing gency funding in the FY 2002 VA/HUD bill) [Rollcall Vote No. 354 Leg.] money for homeland defense; slow and Hurricane Bret in 1999, and damages YEAS—50 down there but give me fast track on from severe storms, flooding, hail, and torna- Akaka Dodd Lieberman trade legislation. does; Baucus Dorgan Lincoln MISSISSIPPI: $238.8 Million for such disas- We must not go home, Madam Presi- Bayh Durbin Mikulski ters as Hurricane George, Tropical Storm Al- Biden Edwards Miller dent, without doing something to ward lison, severe storms, flooding and tornadoes. Bingaman Feinstein Murray off what could be another tragedy of Emergency funding was also provided Boxer Graham Nelson (FL) major proportions. I do not understand through CDBG for Hurricane George; Breaux Harkin Nelson (NE) OKLAHOMA: $374.6 million total, including Byrd Hollings Reed how any Member of this body could Cantwell Inouye Reid sleep if we fail to take this critical step $37 million of emergency funding for Okla- Carnahan Jeffords Rockefeller for the protection of the people who homa City in response to the Murrah Build- Carper Johnson Sarbanes sent us to the Senate. ing bombing and $183 million for a severe Cleland Kennedy Schumer Clinton Kerry Stabenow I have been around here so many winter ice storm last January; NORTH CAROLINA: $1.47 billion since 1989 Conrad Kohl Torricelli years, and I have seen so many things. for disasters such as Hurricane Floyd ($706 Corzine Landrieu Wellstone I have seen disasters. And never have I million), Hurricane Fran ($547 million) and Daschle Leahy Wyden Dayton Levin voted against any State that came here Hurricane Bonnie ($38 million); needing help from the Federal Govern- ALASKA: $113.4 Million since 1989 for such NAYS—48 ment in the face of disaster. I have disasters as the Red Fox Fire, the Tok River Allard Enzi Murkowski never turned my back on any State. Fire, the Appel Mountain Fire, and numer- Allen Feingold Nickles ous severe storms and flooding; Bennett Fitzgerald Roberts And I could go down the list: Texas, Bond Frist Santorum $1.090 billion for Tropical Storm Alli- PENNSYLVANIA: $424.8 Million since 1989 for such disasters as Tropical Storm Allison, Brownback Grassley Sessions Bunning Gregg Shelby son—$452 million in 2001, including Tropical Storm Dennis, Hurricane Floyd, emergency funding in the fiscal year Burns Hagel Smith (NH) and other severe storms, flooding, and torna- Campbell Hatch Smith (OR) 2002 VA–HUD bill—and Hurricane Bret does; Chafee Hutchinson Snowe in 1999, and damages from severe NEW MEXICO: $39.5 Million since 1989 for Cochran Hutchison Specter storms, flooding, hail, and tornadoes. such disasters as forest fires in 2000, the Collins Inhofe Stevens I have a list that I will not take the Hondo Fire in 1996, the Osha Canyon Com- Craig Kyl Thomas plex fire in 1998, as well as numerous severe Crapo Lott Thompson time—and I do not have the time—to DeWine Lugar Thurmond read. I have a list of disasters that winter storms and flooding Significant emer- Domenici McCain Voinovich gency funding was provided in response to Ensign McConnell Warner have occurred, and a list of responses the Cierra Grande fires); by the Appropriations Committees of MISSOURI: $344.6 Million since 1989 for NOT VOTING—2 the Congress in helping the people who such severe storms and flooding, grass fires, Gramm Helms were suffering from those disasters. I tornadoes and hail storm damage, including The PRESIDING OFFICER. On this ask unanimous consent to have that the Midwest floods. vote, the yeas are 50, the nays are 48. printed at the close of my remarks. KENTUCKY: $243.4 Million since 1989 for Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Without severe storms, flooding, mudslides, and sen and sworn not having voted in the wildfires. Over $132 million in 1997 alone for objection, it is so ordered. affirmative, the motion is rejected. (See Exhibit 1.) flooding and tornado damage; MONTANA: $66 Million since 1989 for fire The point of order is sustained, and the Mr. BYRD. Now, Madam President, damage in Flathead Lake, Lincoln, Sanders, emergency designation is stricken. how much time do I have? Gatalin Park, as well as severe storms, flood- The question now occurs on agreeing The PRESIDING OFFICER. Twenty- ing, ice jams, and severe winter storm dam- to division II of the motion to waive one seconds. age; section 250 of H. Con. Res. 290 of the Mr. BYRD. Madam President, I do ALABAMA: $332.3 Million since 1989 for 106th Congress. not understand how any Member of damage caused by Hurricane George in 1998 The yeas and nays have been ordered. this body could sleep if we fail to take ($57.8 million), Hurricane Opal in 1996 ($52.7 The clerk will call the roll. this critical step for the protection of million), ice storms, fires in Russelville, The assistant legislative clerk called the people who sent us here. Chelsea, Fayette and Lookout Mountain; NEW HAMPSHIRE: $38 Million since 1989 the roll. Have we become so cynical that we for damage caused by Tropical Storm Floyd Mr. NICKLES. I announce that the cannot even do that? Are we so insensi- in 1999, Hurricane Bob in 1991, blizzards, high Senator from Texas (Mr. GRAMM) and tive that we would rather embrace the winds and record snowfall damage, and se- the Senator from North Carolina (Mr. cold illogic of budget deals than face vere ice storms and flooding; HELMS) are necessarily absent.

VerDate 05-DEC-2001 06:24 Dec 07, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.049 pfrm04 PsN: S06PT1 December 6, 2001 CONGRESSIONAL RECORD — SENATE S12529 The PRESIDING OFFICER (Mrs. Ninety-nine years old, what a feat. service’’ that he has ‘‘provided . . . to CLINTON). Are there any other Senators that makes him old enough to be my our Nation and its people.’’ in the Chamber desiring to vote? big brother! On this, his 99th birthday, I wish to The yeas and nays resulted—yeas 50, When he was born, December 5, 1902, say what a privilege and an honor it nays 48, as follows: the Wright brothers had not yet made has been to have served with this re- [Rollcall Vote No. 355 Leg.] their historic flight at Kitty Hawk. He markable man for all these years. YEAS—50 has lived to see men walking on the He has always been an outstanding Moon and American space vessels ex- legislator, a Southern gentleman, and Akaka Dodd Lieberman Baucus Dorgan Lincoln ploring the far reaches of our galaxy. foremost, a good and dear friend. Bayh Durbin Mikulski When he was born. Theodore Roo- Happy birthday, Senator. God Bless Biden Edwards Miller sevelt was President of the United you. Bingaman Feinstein Murray Boxer Graham Nelson (FL) States. Since then we have had 16 more f Breaux Harkin Nelson (NE) Presidents. CONFIRMATION OF LARRY HICKS Byrd Hollings Reed When he was born, the Kaiser still Cantwell Inouye Reid ruled in Germany. Since then, that Mr. REID. Madam President, every Carnahan Jeffords Rockefeller Member of the United States Senate Carper Johnson Sarbanes country has seen the rise and fall of Cleland Kennedy Schumer the Weimar Republic, the rise and fall should be grateful for the hard work Clinton Kerry Stabenow of Nazi Germany, a divided Germany, that Chairman LEAHY and the entire Conrad Kohl Torricelli and now a united Germany. Judiciary Committee have exhibited in Corzine Landrieu Wellstone an effort to move judicial nominations Daschle Leahy Wyden When he was born, the Czar still Dayton Levin ruled in Russia. Since then, that coun- forward as quickly as possible. Even under the most extraordinary NAYS—48 try has experienced the Russian Revo- lution, the Bolshevist government, the of circumstances, Chairman LEAHY has Allard Enzi Murkowski moved forward in a reasonable and Allen Feingold Nickles Communist government, the Soviet Bennett Fitzgerald Roberts empire, and now Russia again. timely fashion. Bond Frist Santorum Almost as intriguing has been the ex- In the aftermath of the September 11 Brownback Grassley Sessions traordinary career of our remarkable terrorist attacks, Chairman LEAHY Bunning Gregg Shelby spearheaded legislation through the Burns Hagel Smith (NH) colleague. During the same time pe- Campbell Hatch Smith (OR) riod, he has been a teacher, an athletic Judiciary Committee that will provide Chafee Hutchinson Snowe coach, an educational administrator, a our law enforcement agencies with the Cochran Hutchison Specter lawyer, a state legislator, and a circuit necessary tools to provide homeland Collins Inhofe Stevens security while at the same time pro- Craig Kyl Thomas court judge. Crapo Lott Thompson He won his first elective office, Coun- tecting our most cherished civil lib- DeWine Lugar Thurmond ty Superintendent, the same year that erties. Domenici McCain Voinovich The Senate Judiciary Committee and Ensign McConnell Warner Herbert Hoover won his first elective office, 1928. He was a soldier in World its Members were also forced to endure NOT VOTING—2 War II, where he took part in the D- a lengthy closure of its committee Gramm Helms Day invasion of Normandy. He was a room and office space as a result of the The PRESIDING OFFICER. On this presidential nominee in 1948 and the anthrax-laced letter that was sent to vote, the yeas are 50, the nays are 48. governor of his beloved State of South Majority Leader TOM DASCHLE’s Hart Three-fifths of the Senators duly cho- Carolina from 1947 to 1951. He has been Senate Office. Yet Chairman LEAHY and the Senate sen and sworn not having voted in the a Democrat, a Dixiecrat, and a Repub- affirmative, the motion is rejected. Judiciary Committee persevered. lican. Most of all he is a great Amer- They even approached the distin- The point of order is sustained, and ican. guished Chairman of the Senate Appro- the emergency designation is stricken. All of this would have been more priations Committee and asked his per- Mr. STEVENS. Madam President, I than enough experiences and achieve- mission to hold a hearing on judicial suggest the absence of a quorum. ments in one lifetime for most mortals. nominations in the Committee’s his- The PRESIDING OFFICER. The But, incredibly, STROM THRUMOND’s toric conference room in the Capitol. clerk will call the roll. greatest days were still ahead of him. I attended that hearing in support of The legislative clerk proceeded to In 1954, he won his first election to the nomination of Larry Hicks, of call the roll. the U.S. Senate as a write-in can- Reno, to be the next Judge on the Mr. REID. Madam President, I ask didate—making him the only person in United States District Court for the unanimous consent the order for the history to be elected to the Senate as a District of Nevada. quorum call be rescinded. write-in candidate. He has now become Larry Hicks is currently a partner in The PRESIDING OFFICER (Mrs. the longest-serving Senator in history, the Reno law firm of McDonald, CLINTON). Without objection, it is so and the oldest person ever to have Carano, Wilson, McCune, Bergin, ordered. served in the Senate. Frankovich & Hicks. f But it is more than longevity that The Chairman of the litigation sec- has made STROM THURMOND an extraor- MORNING BUSINESS tion, Larry has been with the firm dinary Senator. As chairman of the since 1979. Mr. REID. Madam President, I ask Senate Armed Services Committee and He has extensive trial court, appel- unanimous consent that the Senate chairman of the Senate Judiciary Com- late court and settlement experience, now proceed to a period of morning mittee, he has fought for a stronger having served as a settlement judge business with Senators allowed to military to keep our country free, and since 1998 for the Nevada Supreme speak therein for a period not to exceed he has fought for tougher anti-crime Court. 5 minutes each. laws to make our streets safer. As Larry is also admitted to practice in The PRESIDING OFFICER. Without President pro tempore of the Senate, all State and Federal courts of the objection, it is so ordered. he brought dignity, style, and a south- State of Nevada, the Circuit Court of f ern refinement to this important posi- Appeals for the Ninth Circuit and the tion. SENATOR THURMOND’S 99TH United States Supreme Court. For these and other achievements, he Prior to his private practice, Larry BIRTHDAY has had high schools, state and federal served the people of Northern Nevada Mr. BYRD. Madam President, with buildings, as well as streets, dams, and for 11 years in the Office of the Washoe great pleasure, I belatedly wish the town squares named in his honor. A few County District Attorney. happiest of birthdays to the senior Sen- years ago (1991), the Senate designated In 1975, he was elected District Attor- ator from South Carolina. It was 99 room S–238 here in the U.S. Capitol as ney of Washoe County. years ago yesterday that STROM the ‘‘Strom Thurmond Room’’ ‘‘in rec- Larry received his undergraduate de- THRUMOND was born in Edgefield, SC. ognition of the selfless and dedicated gree from the University of Nevada in

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