I
107TH CONGRESS
1ST SESSION
H. R. 3555
To prevent, prepare for, and respond to the threat of terrorism in America,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. MENENDEZ (for himself, Mr. GEPHARDT, Ms. HARMAN, Mr. SCOTT, Mr.
SKELTON, Mr. BORSKI, Mr. PASCRELL, Mr. BISHOP, Mrs. TAUSCHER,
Mr. TURNER, Mr. COSTELLO, Ms. ROYBAL-ALLARD, Mr. HONDA, Ms.
JACKSON-LEE of Texas, Ms. PELOSI, Ms. DELAURO, Mr. CONYERS, Mr.
TIERNEY, Mr. UDALL of New Mexico, Mr. ISRAEL, Mr. BACA, Mr.
LARSON of Connecticut, Mr. BERMAN, Mr. THOMPSON of California, Ms.
KAPTUR, Mrs. CHRISTENSEN, Mr. HOEFFEL, Ms. MILLENDER-MCDON-
ALD, Mr. SHERMAN, Mr. LANTOS, Mr. ORTIZ, Ms. BERKLEY, Ms.
MCCARTHY of Missouri, Mr. HASTINGS of Florida, Ms. KILPATRICK, Mr.
HOLT, Mr. GREEN of Texas, Mr. OWENS, Ms. LEE, Mr. ACEVEDO-VILA´,
Mr. JACKSON of Illinois, Mr. ROTHMAN, Mr. SANDLIN, Mr. CROWLEY,
Mr. KILDEE, Mrs. MALONEY of New York, Mrs. CAPPS, Mr. REYES, Mr.
ALLEN, Mr. WYNN, Mr. RODRIGUEZ, Mr. BALDACCI, Mr. FARR of Cali-
fornia Mr. LANGEVIN, Mr. DELAHUNT, Mr. UDALL of Colorado, Mr.
HINOJOSA, Mr. MCINTYRE, Mr. TOWNS, Mr. OBERSTAR, Mr. GONZALEZ,
Mr. MCGOVERN, Ms. WOOLSEY, Mr. STUPAK, Mr. ENGEL, Mr. LARSEN
of Washington, Ms. SCHAKOWSKY, Mr. PASTOR, Ms. SOLIS, Mr. MAR-
KEY, Mrs. MCCARTHY of New York, Mr. FATTAH, Mr. BARCIA, Ms.
MCCOLLUM, Mr. ETHERIDGE, Mr. SCHIFF, Mr. LYNCH, Mr. HINCHEY,
Mr. DAVIS of Illinois, Mr. FRANK, Mr. MALONEY of Connecticut, Mr.
CARDIN, Mrs. LOWEY, Mr. HOLDEN, Mr. SERRANO, Mr. DICKS, Mr.
SABO, Mr. MEEHAN, Mr. NEAL of Massachusetts, Mr. OLVER, Ms.
HOOLEY of Oregon, Mr. MORAN of Virginia, Mr. CLYBURN, Mr. UNDER-
WOOD, Mr. LAMPSON, Mr. PRICE of North Carolina, Mr. LIPINSKI, Mr.
CRAMER, Mr. FALEOMAVAEGA, Mrs. JONES of Ohio, Mrs. THURMAN, Mr.
ACKERMAN, Mr. HOYER, Mr. CUMMINGS, Mr. DEUTSCH, Mr. BRADY of
Pennsylvania, Mr. KENNEDY of Rhode Island, Mr. PALLONE, Mr.
KUCINICH, Mr. BLAGOJEVICH, Mr. FORD, Mr. THOMPSON of Mississippi,
Ms. SLAUGHTER, Mr. FROST, Ms. CARSON of Indiana, Mr. BAIRD, and
Mr. SAWYER) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees
on Transportation and Infrastructure, Education and the Workforce,
Government Reform, Ways and Means, Armed Services, International Re-
lations, Intelligence (Permanent Select), Financial Services, and the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To prevent, prepare for, and respond to the threat of
terrorism in America, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States Security (‘USA’) Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Buy America.
Sec. 4. Definition.
TITLE I—ADAPT OUR PUBLIC HEALTH AND EMERGENCY
PREPAREDNESS AND RESPONSE SYSTEMS TO NEW THREATS
Subtitle A—Better Prepared and Equipped Public Health Institutions
Sec. 101. New facilities for Centers for Disease Control and Prevention for
combating bioterrorism.
Sec. 102. Establishment of Scientific Communications Center.
Sec. 103. Improvement of inadequate security at Centers for Disease Control
and Prevention.
Sec. 104. Potassium iodide stockpiles.
Sec. 105. Expansion of National Marrow Donor Program.
Sec. 106. Establishment of national standards for quarantines.
Sec. 107. Sequencing the genomes of biological pathogens.
Subtitle B—Improve American Communities’ Response to Emergency
Incidents
Sec. 111. Planning, training, and equipment for first responders.
Sec. 112. Staffing for adequate fire and emergency response.
Sec. 113. Respiratory protection for civilian safety personnel.
Subtitle C—Prepare Our Schools for Emergency Incidents
Sec. 124. School security action grants.
TITLE II—SECURE ALL MODES OF TRANSPORTATION
Subtitle A—Secure Bridges, Tunnels, and Dams
Sec. 201. Highway infrastructure.
Sec. 202. Transportation recovery and response capabilities.
Sec. 203. Public communications and support.
Sec. 204. Security for locks and dams.
Subtitle B—Secure Seaports
Sec. 211. Secretary defined.
Sec. 212. Vulnerability assessments.
Sec. 213. Purchase of equipment to screen cargo.
Sec. 214. Efficient screening of cargo.
Sec. 215. Waterborne marine patrols to deter maritime threats.
Sec. 216. Tracking of foreign-flag vessels operating in U.S. Waters.
Sec. 217. Funding for port security infrastructure facilities.
Sec. 218. Assistant commandant for maritime security.
Sec. 219. Sea Marshall program.
Sec. 220. Hiring of permanent coast guard personnel.
Sec. 221. Purchase of secure communications equipment.
Sec. 222. Vhf-Dsc communications.
Sec. 223. Increased staffing.
Sec. 224. National port security task force.
Sec. 225. Local port security committees.
Sec. 226. Standards for maritime transportation security program.
Sec. 227. Maritime security institute.
Sec. 228. Computerized database on crime and security at ports.
Sec. 229. Maritime terrorism response plans.
Subtitle C—Secure Passenger Rail and Freight Rail
Sec. 241. Passenger rail and freight rail protection.
Subtitle D—Secure Public Transit Systems
Sec. 251. Security staffing.
Sec. 252. Security training.
Sec. 253. Technical support.
Sec. 254. Infrastructure and rolling stock security.
Sec. 255. Emergency response support equipment.
Sec. 256. Support of national defense.
Sec. 257. Research and development.
Subtitle E—Energy Pipeline Security Study
Sec. 261. Energy pipeline security study.
Subtitle F—Secure Aviation
Sec. 271. Security reporting.
Sec. 272. Real-time reporting of flight data.
Sec. 273. Installation of fuel cells at airports.
TITLE III—SECURE AMERICA’S PHYSICAL AND INFORMATIONAL
INFRASTRUCTURE
Subtitle A—Protect America’s Energy Infrastructure
Sec. 301. Secure our oil refineries and natural gas storage facilities.
Sec. 302. Secure our chemical facilities.
Sec. 303. Secure our nuclear facilities and nuclear waste.
Sec. 304. Secure our electric power grid.
Sec. 305. Transportation of nuclear materials.
Sec. 306. Design basis threat.
Sec. 307. Defense of facilities.
Subtitle B—Secure America’s Information Infrastructure
Sec. 311. Secure our fiber optic infrastructure.
Sec. 312. Enhance cyber security.
Subtitle C—Secure Our Federal Buildings
Sec. 321. Secure our Federal buildings.
TITLE IV—GIVE LAW ENFORCEMENT WHAT IT NEEDS TO
EFFECTIVELY COMBAT TERRORISM
Subtitle A—Give law enforcement the tools it needs to combat terrorism
Sec. 401. Improve computer assessment technology.
Sec. 402. Supplement local law enforcement.
Subtitle B—Protect the US Postal Service and its employees
Sec. 411. Protect the postal service and its employees.
Subtitle C—Improve border and customs capabilities
Sec. 421. Update border and customs technology and detection capabilities and
increase personnel
Sec. 422. Improve Customs Service reconnaissance.
TITLE V—IMPROVE INTERAGENCY AND INTERGOVERNMENTAL
COORDINATION AND INFORMATION SHARING
Subtitle A—Interagency and Intergovernmental Coordination
Sec. 501. Improve interagency and intergovernmental coordination.
Subtitle B—Increase Capabilities for Federal, State, and Local Terrorism and
Prevention
Sec. 511. Authority to share electronic, wire, and oral interception information.
Sec. 512. Foreign intelligence information.
Sec. 513. Disclosures to governmental agencies for counterterrorism purposes.
Sec. 514. Multilateral cooperation against terrorists.
Sec. 515. Information acquired from an electronic surveillance.
Sec. 516. Information acquired from a physical search.
Sec. 517. Purpose of authority.
Subtitle C—Increasing Capabilities and Coordination within and between
Levels of Government
Sec. 521. Increase efficiency of information sharing and of background security
clearances.
Sec. 522. Prevention of delay in reassignment of 24 megahertz for public safety
purposes.
Sec. 523. Establishment of emerging threat workspaces.
Sec. 524. Maintenance of secure bioagent database.
Sec. 525. Establishment of joint task force for interagency clearinghouse.
TITLE VI—THE MILITARY: PREPARE, RESPOND, AND ASSIST
COMMUNITIES
Sec. 601. Threat reduction.
Sec. 602. Research and development.
Sec. 603. Readiness, training, and force protection.
Sec. 604. Command and control, threat assessment, and analysis.
TITLE VII—HOMELAND SECURITY STRATEGY AND BUDGET
Sec. 701. Director for Homeland Security and Program Associate Director for
Homeland Security.
Sec. 702. Five-year homeland security strategy and budget.
Sec. 703. Fiscal year 2003 budget.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—
(1) IN GENERAL.—The United States Security
(‘USA’) Act of 2001 is a pact between the people
and their government, working together, marshaling
our vast resources, to keep America safe from ter-
rorism, drawing upon the American spirit, intellect
and creativity, breaking new frontiers, and setting a
standard for the world. The United States Security
(‘USA’) Act of 2001 is the product of a collaborative
effort of Members of Congress in consultation with
constituents and local, State and Federal officials
from throughout America.
(2) 
COMPREHENSIVE
APPROACH
TO
PRO-
TECTING
AMERICA
FROM
TERRORISM.—The Con-
gress finds that to better enable America’s cities,
towns, and rural communities to prevent, prepare
for and respond comprehensively to the threat of ter-
rorism, the United States must—
(A) adapt its public health infrastructure
and emergency preparedness and response sys-
tems to new threats;
(B) secure all modes of transportation and
the national transportation infrastructure;
(C) protect our national physical and infor-
mation infrastructure;
(D) while preserving the fullness of our
constitutional rights and liberties, in the wake
of September 11th, enhance its law enforcement
capabilities;
(E) better utilize intelligence assets to pre-
vent terrorist acts and better coordinate and
share information among intelligence agencies
and law enforcement organizations and between
levels of government;
(F) prepare, train and equip our military
to assist in the appropriate manner to combat
terrorism; and
(C) Provide adequate security for locks
and dams.
(D) Deploy container x-ray equipment and
require ships to carry transponders in U.S. wa-
ters.
(E) Increase resources, manpower and
training of an increasingly burdened Coast
Guard.
(F) Establish new Coast Guard port secu-
rity units to better secure ports.
(G) Deploy Sea Marshals to board and es-
cort high-risk vessels.
(H) Complete life safety investments in
Amtrak tunnel ventilation, lighting, and emer-
gency exits.
(I) Improve access control and communica-
tion on Amtrak trains and deploy more security
personnel and K–9 units.
(J) Secure access points to tracks, bridges
and tunnels.
(K) Improve monitoring of and encase
launch sites of pipelines, and hire and ade-
quately train additional security personnel.
(L) Hire and adequately train additional
personnel for security planning, surveillance
and patrolling, and improve communication and
monitoring of rolling stock equipment, stations,
and rights of way.
(M) Develop and refine evacuation plans
involving the mobilization of mass transit.
(3) With respect to protecting our physical and
information infrastructure:
(A) The Federal government should use
risk management as an important element in
developing a national strategy for preventing,
preparing for, and responding to terrorism.
(B) Secure the country’s limited oil refin-
ing capacity, which is essential to economic sta-
bility and prosecution of the military effort
against far-flung terrorist groups.
(C) Secure our chemical manufacturing fa-
cilities and secure the transport of chemical
substances from terrorist attack.
(D) Secure United States nuclear plants,
many of which are located near densely popu-
lated urban areas, from sabotage, terrorist use
of small tactical fissile weapons or catastrophic
attack.
(E) Secure nuclear waste transportation
and storage.
(F) Secure our national fiber optic infra-
structure from physical attacks, sophisticated
exploitation, sabotage, and hacker attacks.
(G) Secure our nation’s information net-
works from cyber attacks.
(H) Secure our Federal buildings from ter-
rorist attacks by improving detection, preven-
tion, and hardening security measures.
(I) Secure our national electic power grid.
(4) With respect to providing law enforcement
with what it needs to combat terrorism:
(A) To preserve our way of life against the
threat of terrorism, enhance the tools of law en-
forcement through the effective use of state of
the art technology while maintaining the full
complement of our Constitutional rights and
liberties.
(B) Enhance the readiness of Federal,
State, and local law enforcement personnel to
prevent, prepare for and respond to terrorism
through increased manpower, state of the art
equipment and training.
(C) Enhance the security of United States
Postal Service employees and the ability of the
Postal Service to detect and neutralize or other-
wise appropriately respond to unauthorized use
of the mail system that might be dangerous or
injurious to life, health, or property.
(D) Enhance the ability of border security
and customs personnel to protect against ter-
rorism through increased manpower, state of
the art equipment and training.
(E) Repel the threat of terrorism by pro-
moting greater public awareness, a sense of in-
dividual responsibility and participation, and
citizen preparedness.
(5) With respect to improving intelligence col-
lection and analysis:
(A) The role of intelligence for homeland
security is first and foremost one of identifying
and preventing terrorist attacks.
(B) Improve preventive measures by in-
creasing the capacity of the intelligence commu-
nity to collect and analyze information and to
improve information sharing mechanisms.
(6) With respect to military preparedness, re-
sponse and disaster assistance:
(A) Consider chemical, biological, radio-
logical, nuclear, and other high-yield explosive
weapons as a potential threat to any part of the
United States or any military installation, espe-
cially given the relative insecurity of fissile ma-
terial stockpiles in locations such as areas of
the Former Soviet Union.
(B) Reduce the relative threat to American
territory and territories and military installa-
tions posed by the existence or proliferation of
radiological or nuclear weapons, expertise, or
related materials existing within, or exported
from, states that were part of the former Soviet
Union.
(C) In the wake of the 11 September
events, support the Department of Defense’s in-
creased emphasis on Asymmetric Threats.
(D) Provide sufficient resources to the De-
partment of Defense for it to simultaneously
address evolving terrorist threats and meet all
other necessary operational commitments. Cur-
rently, the Department of Defense has signifi-
cant infrastructure, maintenance, and force pro-
tection requirements. Because of its worldwide
nature, additional resources in the Department
of Defense community, both domestically and
internationally, are necessary to retain a high-
level of readiness.
SEC. 3. BUY AMERICA.
(a) PREFERENCE.—The head of a Federal depart-
ment or agency may provide financial assistance for a
project with any increase in funds authorized or made
available by, or with any increase in obligation authority
made available by, this Act (including the amendments
made by this Act) only if steel and manufactured goods
used in the project are melted and poured in the United
States.
(b) WAIVER.—The head of a Federal department or
agency may waive subsection (a) if the head of the Federal
department or agency finds that—
(1) applying subsection (a) would be incon-
sistent with the public interest;
(2) the steel and goods melted and poured in
the United States are not produced in a sufficient
and reasonably available amount or are not of a sat-
isfactory quality;
(3) when procuring a facility or equipment with
any increase in funds or obligation authority de-
scribed in subsection (a)—
(A) the cost of components and subcompo-
nents produced in the United States is more
than 60 percent of the cost of all components
of the facility or equipment; and
(B) final assembly of the facility or equip-
ment has occurred in the United States; or
(4) including domestic material will increase the
cost of the overall project by more than 25 percent.
(c) LABOR COSTS.—In this section, labor costs in-
volved in final assembly are not included in calculating the
cost of components.
SEC. 4. DEFINITION.
For the purposes of this Act and any amendment
made by this Act, the term ‘‘State’’ includes the territories
of the United States.
TITLE I—ADAPT OUR PUBLIC
HEALTH 
AND 
EMERGENCY
PREPAREDNESS 
AND 
RE-
SPONSE 
SYSTEMS 
TO 
NEW
THREATS
Subtitle 
A—Better 
Prepared
and Equipped Public Health In-
stitutions
SEC. 101. NEW FACILITIES FOR CENTERS FOR DISEASE
CONTROL 
AND 
PREVENTION 
FOR 
COM-
BATING BIOTERRORISM.
(a) IN GENERAL.—The Director of the Centers for
Disease Control and Prevention may design, construct,
and equip new facilities and renovate existing facilities (in-
cluding laboratories, laboratory support buildings, sci-
entific communication facilities, transshipment complexes,
secured and isolated parking structures, office buildings,
and other facilities and infrastructure) for defending
against and combating bioterrorism and other public
health threats.
(b) MULTIYEAR CONTRACTING AUTHORITY.—
(1) IN GENERAL.—For any project of design-
ing, constructing, equipping, or renovating any facil-
ity under subsection (a), the Director of the Centers
for Disease Control and Prevention may, using ap-
propriate competitive procedures, enter into a single
contract or related contracts that collectively include
the full scope of the project, to the extent or in the
amounts provided in advance in appropriations Acts.
(2) AVAILABILITY
OF
FUNDS
CLAUSE.—Any
contract entered into pursuant to paragraph (1)
shall include the availability of funds clause provided
at section 52.232–18 of title 48, Code of Federal
Regulations, as in effect on the date of the enact-
ment of this section.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Director of the
Centers for Disease Control and Prevention $300,000,000
for fiscal year 2002 to carry out this section. Such sums
shall remain available until expended. Such authorization
is in addition to other authorizations of appropriations
that are available for the purposes of this section.
SEC. 102. ESTABLISHMENT OF SCIENTIFIC COMMUNICA-
TIONS CENTER.
There are authorized to be appropriated to the Direc-
tor of the Centers for Disease Control and Prevention
$85,000,000 for fiscal year 2002 to establish a Scientific
Communications Center, consistent with priorities as out-
lined in section 524 of this Act. Such sums shall remain
available until expended.
SEC. 103. IMPROVEMENT OF INADEQUATE SECURITY AT
CENTERS FOR DISEASE CONTROL AND PRE-
VENTION.
There are authorized to be appropriated to the Direc-
tor of the Centers for Disease Control and Prevention
$96,000,000 for fiscal year 2002 to improve security at
the facilities of the Centers for Disease Control and Pre-
vention. Such sums shall remain available until expended.
SEC. 104. POTASSIUM IODIDE STOCKPILES.
Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) is amended by adding at the end the fol-
lowing new subsection:
‘‘v. Not later than 6 months after the date of the
enactment of this subsection, the Nuclear Regulatory
Commission shall—
‘‘(1) ensure that sufficient stockpiles of potas-
sium iodide tablets have been established at public
facilities such as schools and hospitals within 50
miles of facilities indemnified under this section;
‘‘(2) establish a plan for the distribution of the
stockpiles described in paragraph (1) to all individ-
uals located within 50 miles of facilities indemnified
under this section in the event of a release of radio-
nuclides; and
‘‘(3) transmit to the Congress a report—
‘‘(A) certifying that stockpiles have been
established as described in paragraph (1); and
‘‘(B) including the plan described in para-
graph (2).’’.
SEC. 105. EXPANSION OF NATIONAL MARROW DONOR PRO-
GRAM.
Section 379(b) of the Public Health Service Act (42
U.S.C. 274k(b)) is amended—
(1) in paragraph (7), by striking ‘‘and’’ after
the semicolon at the end;
(2) in paragraph (8), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following para-
graph:
‘‘(9) develop a contingency plan to provide bone
marrow to individuals needing such treatment be-
cause of nuclear accidents, disaster, or war, includ-
ing terrorist attacks involving chemical and biologi-
cal weapons.’’.
SEC. 106. ESTABLISHMENT OF NATIONAL STANDARDS FOR
QUARANTINES.
Not later than 6 months after the enactment of this
Act, the Secretary of Health and Human Services shall
establish and implement national standards for the impo-
sition of quarantines in the United States.
SEC. 107. SEQUENCING THE GENOMES OF BIOLOGICAL
PATHOGENS.
There are authorized to be appropriated to the Direc-
tor of the National Institutes of Health $10,000,000 for
fiscal year 2002 to sequence the genomes of smallpox, an-
thrax, and other leading biological pathogens. Such sums
shall remain available until expended.
Subtitle B—Improve American
Communities’ 
Response 
to
Emergency Incidents
SEC. 111. PLANNING, TRAINING, AND EQUIPMENT FOR
FIRST RESPONDERS.
(a) AUTHORIZATION.—The Director of the Federal
Emergency Management Agency shall make grants on a
competitive basis to units of local government and emer-
gency response units.
(b) USE OF GRANTS.—Grants made under this sec-
tion shall be used to—
(1) develop strategic response plans that—
(A) provide for a clearly defined and uni-
fied response to a terrorist attack or other ca-
tastrophe;
(B) coordinate the activities and proce-
dures of various emergency response units;
(C) define the relationship, roles, respon-
sibilities, jurisdictions, command structures,
and communication protocols of emergency re-
sponse units;
(D) coordinate response procedures with
similar emergency response units in neighboring
units of local government as well as with State
and Federal agencies;
(E) identify potential local targets of ter-
rorism and include specific response procedures
for each potential target;
(F) assess and address threats and outline
coordinated response procedures; and
(G) identify areas where additional train-
ing, equipment, or other assistance is needed to
implement such procedures;
(2) prepare and issue reports to units of local
government, State legislatures, and Congress that
include recommendations for specific legislative ac-
tion; and
(3) conduct public forums or other appropriate
activities to educate the public about—
(A) potential threats and steps the public
can take to prepare for them;
(B) the contents of the strategic response
plans;
(C) how to communicate with authorities
in the event of an emergency;
(D) the location of safe public assembly
areas or other emergency shelters; and
(E) other appropriate information, includ-
ing how to access medical care in response to
a biological attack despite one’s insurance sta-
tus or coverage.
(c) STATE EMERGENCY MANAGEMENT COORDINA-
TORS.—The Director of the Federal Emergency Manage-
ment Agency shall designate for each State a representa-
tive of the Federal Emergency Management Agency to—
(1) advise and assist units of local government
of the State with the development of strategic re-
sponse plans;
(2) act as a liaison between units of local gov-
ernment of the State and the Federal Government;
and
(3) coordinate the sharing of information about
Federal Government initiatives and protocol.
(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated to the Director of the Federal Emer-
gency Management Agency $500,000,000 for fiscal year
2002. Amounts appropriated under the preceding sentence
shall remain available until expended.
SEC. 112. STAFFING FOR ADEQUATE FIRE AND EMERGENCY
RESPONSE.
(a) IN GENERAL.—Title III of the Workforce Invest-
ment Act of 1998 (Public Law 105–220; 112 Stat. 1080)
is amended by adding at the end the following:
‘‘Subtitle E—Staffing for Adequate
Fire and Emergency Response
‘‘SEC. 351. AUTHORITY TO MAKE GRANTS.
‘‘(a) DEFINITION.—In this section, the term ‘quali-
fying entity’, used with respect to a fiscal year, means any
eligible entity (including a State) that has submitted an
application under section 355 for the fiscal year that
meets the requirements of this subtitle and such additional
requirements as the Secretary may prescribe.
‘‘(b) GRANT AUTHORIZATION.—The Secretary may
make grants to eligible entities to pay for the Federal
share of the cost of carrying out projects to hire fire-
fighters.
‘‘(c) MINIMUM AMOUNT.—
‘‘(1) AMOUNT.—For any fiscal year, the Sec-
retary shall ensure that the qualifying entities in
each State shall receive, through grants made under
this section, a total amount that is not less than 1⁄2
of 1 percent of the amount appropriated under sec-
tion 362 for the fiscal year.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply for a fiscal year if the Secretary makes a
grant under this section to every qualifying entity
for the fiscal year.
‘‘(d) GRANT PERIODS.—The Secretary may make
grants under this section for periods of 3 years.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the
cost of carrying out a project to hire firefighters
under this subtitle shall be not more than 75 per-
cent.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal
share shall be provided—
‘‘(A) in cash;
‘‘(B) in the case of a State or unit of local
government, from assets received through an
asset forfeiture program; or
‘‘(C) in the case of a tribal organization or
the Bureau of Indian Affairs, from any Federal
funds made available for fire fighting functions
to assist an Indian tribe.
‘‘(3) WAIVER.—The Secretary may waive the
requirements of paragraphs (1) and (2) for an eligi-
ble entity.
‘‘SEC. 352. APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subtitle, an entity shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may prescribe.
‘‘(b) CONTENTS.—Each such application shall—
‘‘(1) include a long-term strategy and detailed
implementation plan, for the hiring to be conducted
under the grant, that reflects consultation with com-
munity groups and appropriate private and public
agencies and reflects consideration of a statewide
strategy for such hiring;
‘‘(2) specify the reasons why the entity is un-
able to hire sufficient firefighters to address the en-
tity’s needs, without Federal assistance;
‘‘(3)(A) specify the average number of fire-
fighters employed by the entity during the fiscal
year prior to the fiscal year for which the application
is submitted; and
‘‘(B) outline the initial and planned level of
community support for implementing the strategy
and plan, including the level of financial and in-kind
contributions or other tangible commitments;
‘‘(4)(A) specify plans for obtaining necessary
support and continuing the employment of a greater
number of firefighters than the number specified
under paragraph (3)(A), following the conclusion of
Federal assistance under this subtitle; and
‘‘(B) include an assurance that the entity will
continue the employment of firefighters hired with
funds made available through the grant for at least
1 year after the end of the grant period; and
‘‘(5) include assurances that the entity will, to
the extent practicable, seek, recruit, and hire mem-
bers of racial and ethnic minority groups and women
in order to increase the ranks of minorities and
women within the entity’s firefighter units.
‘‘(c) SMALL JURISDICTIONS.—Notwithstanding any
other provision of this subtitle, the Secretary may waive
1 or more of the requirements of subsection (b), and may
make special provisions to facilitate the expedited submis-
sion, processing, and approval of an application under this
section, for an eligible entity that is a unit of local govern-
ment, or an eligible entity serving a fire district, that has
jurisdiction over an area with a population of less than
50,000.
‘‘(d) PREFERENCE.—In awarding grants under this
subtitle, the Secretary—
‘‘(1) shall give preference to a unit of local gov-
ernment; and
‘‘(2) may give preference, where feasible, to an
eligible entity that submits an application containing
a plan that—
‘‘(A) provides for hiring (including rehir-
ing) career firefighters; and
‘‘(B) requires the entity to contribute a
non-Federal share of more than 25 percent of
the cost of carrying out a project to hire the
firefighters.
‘‘(e) STATE AND LOCAL APPLICATIONS.—If a unit of
local government for a community, and the State in which
the community is located, submit applications under this
section for a fiscal year to carry out a project in a commu-
nity, and the unit of local government and State are quali-
fying entities under section 353(a), the Secretary—
‘‘(1) shall make a grant under this subtitle to
the unit of local government for that year; and
‘‘(2) shall not make a grant under this subtitle
to the State to carry out a project in that commu-
nity for that year.
‘‘SEC. 353. USE OF FUNDS.
‘‘(a) IN GENERAL.—An eligible entity that receives
a grant under this subtitle shall use the funds made avail-
able through the grant to hire career firefighters. The
funds may only be used to increase the number of fire-
fighters employed by the agency from the number specified
under section 354(b)(3)(A). The funds may be used for
salaries and benefits for the firefighters.
‘‘(b) HIRING COSTS.—
‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002,
in hiring any 1 firefighter, the entity may not use
more than $90,000 of such funds.
‘‘(2) SUBSEQUENT
YEARS.—For each subse-
quent fiscal year, in hiring any 1 firefighter, the en-
tity may not use more than $90,000 of such funds,
increased or decreased by the same percentage as
the percentage by which the Consumer Price Index
for All Urban Consumers (United States city aver-
age), published by the Secretary of Labor, has in-
creased or decreased by September of the preceding
fiscal year from such Index for September 2001.
‘‘(3) WAIVERS.—The Secretary may waive the
requirements of paragraph (1) or (2) for an eligible
entity.
‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this subtitle shall be
used to supplement and not supplant other Federal, State,
and local public funds expended to hire firefighters.
‘‘SEC. 354. TECHNICAL ASSISTANCE.
‘‘The Secretary may provide technical assistance to
eligible entities to further the purposes of this Act.
‘‘SEC. 355. MONITORING AND EVALUATIONS.
‘‘(a) MONITORING
COMPONENTS.—Each project
funded through a grant made under this subtitle shall con-
tain a monitoring component, developed pursuant to regu-
lations established by the Secretary. The monitoring re-
quired by this subsection shall include systematic identi-
fication and collection of data about the project through-
out the period of the project and presentation of such data
in a usable form.
‘‘(b) EVALUATION
COMPONENTS.—The Secretary
may require that selected grant recipients under this sub-
title conduct local evaluations or participate in a national
evaluation, pursuant to regulations established by the Sec-
retary. Such local or national evaluations may include as-
sessments of the implementation of different projects. The
Secretary may require selected grant recipients under this
subtitle to conduct local outcome evaluations to determine
the effectiveness of projects under this subtitle.
‘‘(c) PERIODIC REPORTS.—The Secretary may re-
quire a grant recipient under this subtitle to submit to
the Secretary the results of the monitoring and evalua-
tions required under subsections (a) and (b) and such
other data and information as the Secretary determines
to be reasonably necessary.
‘‘(d) REVOCATION OR SUSPENSION OF FUNDING.—
If the Secretary determines, as a result of the monitoring
or evaluations required by this section, or otherwise, that
a grant recipient under this subtitle is not in substantial
compliance with the terms and requirements of an ap-
proved grant application submitted under section 355, the
Secretary may revoke the grant or suspend part or all of
the funding provided under the grant.
‘‘SEC. 356. ACCESS TO DOCUMENTS.
‘‘For the purpose of conducting an audit or examina-
tion of a grant recipient that carries out a project under
this subtitle, the Secretary and the Comptroller General
of the United States shall have access to any pertinent
books, documents, papers, or records of the grant recipient
and any State or local government, person, business, or
other entity, that is involved in the project.
‘‘SEC. 357. REPORT TO CONGRESS.
‘‘Not later than September 30 of each year, the Sec-
retary shall submit an annual report to Congress con-
cerning the experiences of eligible entities in carrying out
projects under this subtitle, and the effects of the grants
made under this subtitle. The final report shall be sub-
mitted on September 30, 2008, and shall contain rec-
ommendations for such legislation as the Secretary may
consider appropriate, which may include reauthorization
of this subtitle.
‘‘SEC. 358. REGULATIONS.
‘‘The Secretary may issue regulations to carry out
this subtitle.
‘‘SEC. 359. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this subtitle $750,000,000 for fiscal
year 2002.
‘‘(b) AVAILABILITY.—Funds appropriated under sub-
section (a) for a fiscal year shall remain available until
the end of the second succeeding fiscal year.
‘‘SEC. 360. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) a State, a unit of local government,
a tribal organization, or another public entity;
or
‘‘(B) a multijurisdictional or regional con-
sortia of entities described in subparagraph (A).
‘‘(2) FIREFIGHTER.—The term ‘firefighter’ has
the meaning given the term ‘employee in fire protec-
tion activities’ in section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203).
‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
The terms ‘Indian tribe’ and ‘tribal organization’
have the meanings given the terms in section 4 of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Labor, acting after consultation
with the Director of the Federal Emergency Man-
agement Agency.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Workforce Investment Act of
1998 (Public Law 105–220; 112 Stat. 936) is amended,
in the items relating to title III, by adding at the end the
following:
‘‘Subtitle E—Staffing for Adequate Fire and Emergency Response
‘‘Sec. 351. Authority to make grants.
‘‘Sec. 352. Applications.
‘‘Sec. 353. Use of funds.
‘‘Sec. 354. Technical assistance.
‘‘Sec. 355. Monitoring and evaluations.
‘‘Sec. 356. Access to documents.
‘‘Sec. 357. Report to Congress.
‘‘Sec. 358. Regulations.
‘‘Sec. 359. Authorization of appropriations.
‘‘Sec. 360. Definitions.’’.
SEC. 113. RESPIRATORY PROTECTION FOR CIVILIAN SAFE-
TY PERSONNEL.
(a) IN GENERAL.—For the purpose of protecting
against exposure to biological and chemical agents, the
Secretary of Health and Human Services, acting through
the Office of Emergency Preparedness, shall provide ap-
propriate, approved respiratory protective devices to all
firefighters and emergency medical personnel within a 15-
mile radius of the Nation’s 157 largest cities.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Health and Human Services $60,000,000 for fiscal year
2002 to carry out this section. Such sums shall remain
available until expended.
Subtitle C—Prepare Our
Schools For Emergency Incidents
SEC. 124. SCHOOL SECURITY ACTION GRANTS.
(a) SCHOOL SECURITY ACTION GRANTS.—The Sec-
retary of Education shall make grants to local educational
agencies and institutions of higher learning to enhance se-
curity and emergency preparedness.
(b) RESTRICTION.—The Secretary of Education may
award a grant under subsection (b) only to a local edu-
cational agency or an institution of higher learning that
demonstrates a need for financial assistance and a lack
of resources to implement emergency preparedness and se-
curity improvements.
(c) USE OF FUNDS.—A grant may be made under
this section only if the applicant involved agrees to use
the funds received under the grant to—
(1) prepare and implement emergency pre-
paredness and response plans;
(2) coordinate emergency preparedness and re-
sponse plans with local law enforcement, public safe-
ty, health, and mental health agencies;
(3) train school personnel, students, and par-
ents in crisis preparedness, emergency response, and
other school safety procedures;
(4) implement security measures, including
computer and Internet security measures, for high-
risk areas and facilities, including facilities con-
taining hazardous materials; and
(5) install or upgrade security equipment and
technology, including electronic access control and
intrusion detection systems, video surveillance equip-
ment, metal detection equipment, emergency man-
agement systems and communications equipment,
lighting, perimeter fencing, and other security meas-
ures.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Edu-
cation $300,000,000 for fiscal year 2002 to carry out this
section. Such sums shall remain available until expended.
TITLE II—SECURE ALL MODES
OF TRANSPORTATION
Subtitle A—Secure Bridges,
Tunnels, and Dams
SEC. 201. HIGHWAY INFRASTRUCTURE.
There is authorized to be appropriated to the Sec-
retary of Transportation $2,550,000,000 for fiscal year
2002 to establish and implement a program to address
the lack of security on critical highway infrastructure by—
(1) strengthening critical bridge and tunnel
structures;
(2) improving inspection facilities at approaches
to critical structures;
(3) installing surveillance monitoring systems;
(4) improving border crossing clearance;
(5) improving tracking of hazardous material
shipments;
(6) improving roads and bridges to facilitate
military transport;
(7) enhancing bridge and tunnel management
systems to include vulnerability assessments; and
(8) improving signing and providing for techno-
logical and other physical improvements to evacu-
ation routes.
Such sums shall remain available until expended.
SEC. 202. TRANSPORTATION RECOVERY AND RESPONSBE
CAPABILITIES.
There is authorized to be appropriated to the Sec-
retary of Transportation $500,000,000 for fiscal year
2002 to establish and implement a program to improve
interagency training for and communication among first
responders by—
(1) conducting training to facilitate rapid repair
and stabilization to temporarily reopen structures to
traffic;
(2) providing improved, interoperable commu-
nications equipment;
(3) deploying, maintaining, and operating emer-
gency command center facilities;
(4) developing, testing, and implementing evac-
uation plans;
(5) supporting permanent service restoration
after an emergency;
(6) providing emergency response training for
public safety organizations;
(7) acquiring equipment to facilitate incident
clearance; and
(8) improving response time to highway inci-
dents.
Such sums shall remain available until expended.
SEC. 203. PUBLIC COMMUNICATIONS AND SUPPORT.
There is authorized to be appropriated to the Sec-
retary of Transportation $500,000,000 for fiscal year
2002 to—
(1) provide real-time information for the trav-
eling public using variable message, dedicated short-
range radio frequency, highway advisory radios, or
other methods;
(2) develop real-time information and guidance
for the public at large, including communications
systems and protocols for the general media; and
(3) enhance the 511 system.
Such sums shall remain available until expended.
SEC. 204. SECURITY FOR LOCKS AND DAMS.
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary of Transportation $100,000,000
for fiscal year 2002 to establish and implement a program
to address—
(1) the lack of adequate security for locks and
dams;
(2) the lack of cargo information; and
(3) the inability to share information in a time-
ly fashion with agencies such as the Coast Guard.
Such sums shall remain available until expended.
(b) ASSESSMENT.—In carrying out the program, the
Secretary shall assess the threat at each critical infra-
structure component and implement measures to address
shortcomings.
Subtitle B—Secure Seaports
SEC. 211. SECRETARY DEFINED.
In this subtitle, the term ‘‘Secretary’’ means the Sec-
retary of the department in which the Coast Guard is op-
erating.
SEC. 212. VULNERABILITY ASSESSMENTS.
There is authorized to be appropriated to the Sec-
retary $50,000,000 for fiscal year 2002 to conduct vulner-
ability assessments at the 50 busiest seaports in the
United States. Such sums shall remain available until ex-
pended.
SEC. 213. PURCHASE OF EQUIPMENT TO SCREEN CARGO.
There is authorized to be appropriated to the Sec-
retary $200,000,000 for fiscal year 2002 to purchase x-
ray equipment to screen cargo transported by vessels.
Such sums shall remain available until expended.
SEC. 214. EFFICIENT SCREENING OF CARGO.
There is authorized to be appropriated to the Sec-
retary $30,000,000 for fiscal year 2002 to establish a re-
search and development program to develop terrorism de-
tection technologies for the efficient screening of cargo.
Such sums shall remain available until expended.
SEC. 215. WATERBORNE MARINE PATROLS TO DETER MARI-
TIME THREATS.
There is authorized to be appropriated to the Sec-
retary $164,000,000 for fiscal year 2002 to—
(1) establish a port security unit within the
Coast Guard;
(2) purchase 60 harbor patrol craft for such
unit; and
(3) require the unit to operate such craft at all
times.
Such sums shall remain available until expended.
SEC. 216. TRACKING OF FOREIGN-FLAG VESSELS OPER-
ATING IN U.S. WATERS.
There is authorized to be appropriated to the Sec-
retary $14,000,000 for fiscal year 2002 to require vessels
to carry transponders in United States waters and to pro-
vide the Coast Guard with data from those transponders.
Such sums shall remain available until expended.
SEC. 217. FUNDING FOR PORT SECURITY INFRASTRUCTURE
FACILITIES.
There is authorized to be appropriated to the Sec-
retary $50,000,000 for fiscal year 2002 to provide grants
and loans for the purchase of port security infrastructure
facilities, including security gates, surveillance systems,
and video systems. Such sums shall remain available until
expended.
SEC. 218. ASSISTANT COMMANDANT FOR MARITIME SECU-
RITY.
There is authorized to be appropriated to the Sec-
retary $5,000,000 for fiscal year 2002 to establish in the
Coast Guard the position of Assistant Commandant for
Maritime Security. Such sums shall remain available until
expended. The Assistant Commandant shall be responsible
for the Coast Guard’s maritime border security oper-
ations.
SEC. 219. SEA MARSHALL PROGRAM.
There is authorized to be appropriated to the Sec-
retary $155,000,000 for fiscal year 2002 to establish a
sea marshal program under which Coast Guard personnel
will board and escort high risk vessels (such as oil and
chemical tankers) entering a port in the United States.
The Secretary shall use at least 1,500 employees of the
Coast Guard to carry out the program. Such sums shall
remain available until expended.
SEC. 220. HIRING OF PERMANENT COAST GUARD PER-
SONNEL.
There is authorized to be appropriated to the Sec-
retary $155,000,000 for fiscal year 2002 to hire 1,000 ad-
ditional Coast Guard personnel. Such sums shall remain
available until expended.
SEC. 221. PURCHASE OF SECURE COMMUNICATIONS EQUIP-
MENT.
There is authorized to be appropriated to the Sec-
retary $70,000,000 for fiscal year 2002 to purchase secure
communications equipment to link Coast Guard groups
with vessels. Such sums shall remain available until ex-
pended.
SEC. 222. VHF-DSC COMMUNICATIONS.
There is authorized to be appropriated to the Sec-
retary $4,000,000 for fiscal year 2002 to enter into a serv-
ice contract with a commercial communications company
to provide VHF–DSC communications. Such sums shall
remain available until expended.
SEC. 223. INCREASED STAFFING.
There is authorized to be appropriated to the Sec-
retary $20,000,000 for fiscal year 2002 to increase staff-
ing at 44 Coast Guard groups to carry out security re-
sponsibilities. Such sums shall remain available until ex-
pended.
SEC. 224. NATIONAL PORT SECURITY TASK FORCE.
There is authorized to be appropriated to the Sec-
retary $1,000,000 for fiscal year 2002 to establish a na-
tional port security task force to improve coordination be-
tween Federal, State, and local governmental entities, in-
dustry, and labor. Such sums shall remain available until
expended.
SEC. 225. LOCAL PORT SECURITY COMMITTEES.
There is authorized to be appropriated to the Sec-
retary $5,000,000 for fiscal year 2002 to establish local
port security committees to improve coordination between
Federal, State, and local governmental entities, industry,
and labor. Such sums shall remain available until ex-
pended.
SEC. 226. STANDARDS FOR MARITIME TRANSPORTATION
SECURITY PROGRAM.
There is authorized to be appropriated to the Sec-
retary $1,000,000 for fiscal year 2002 to establish regula-
tions concerning standards for the maritime transpor-
tation security program. Such sums shall remain available
until expended.
SEC. 227. MARITIME SECURITY INSTITUTE.
There is authorized to be appropriated to the Sec-
retary $7,500,000 for fiscal year 2002 to establish a mari-
time security institute to train and certify maritime secu-
rity professionals. Such sums shall remain available until
expended.
SEC. 228. COMPUTERIZED DATABASE ON CRIME AND SECU-
RITY AT PORTS.
There is authorized to be appropriated to the Presi-
dent $10,000,000 for fiscal year 2002 to require Federal
agencies to gather and share data on crime and security
at seaports. Such sums shall remain available until ex-
pended.
SEC. 229. MARITIME TERRORISM RESPONSE PLANS.
There is authorized to be appropriated to the Sec-
retary $50,000,000 for fiscal year 2002 to develop ter-
rorism response plans for responding to a maritime ter-
rorist attack and providing for periodic exercise of those
plans. Such sums shall remain available until expended.
Subtitle C—Secure Passenger Rail
and Freight Rail Protection
SEC. 241. PASSENGER RAIL AND FREIGHT RAIL PROTEC-
TION.
There are authorized to be appropriated to the Sec-
retary of Transportation for fiscal year 2002—
(1) $748,000,000 for the National Railroad
Passenger Corporation for completing life safety in-
vestments in ventilation, lighting, emergency exits,
and tunnel integrity for Penn Station;
(2) $100,000,000 for the National Railroad
Passenger Corporation for rehabilitation of tunnels
in Baltimore and Washington, D.C.;
(3) $180,000,000 for the National Railroad
Passenger Corporation to—
(A) improve access control;
(B) develop an incident command system;
and
(C) introduce satellite communication sys-
tems;
(4) $41,000,000 for the National Railroad Pas-
senger Corporation for—
(A) the hiring the training of 150 new po-
lice officers and 250 new security personnel;
and
(B) the establishment of terrorism and K–
9 units; and
(5) $100,000,000 for the training and hiring of
security personnel to protect key freight rail facili-
ties.
Such sums shall remain available until expended.
Subtitle D—Secure Public Transit
Systems
SEC. 251. SECURITY STAFFING.
There is authorized to be appropriated to the Sec-
retary of Transportation $300,000,000 for fiscal year
2002 to hire additional personnel for public transit secu-
rity planning, surveillance, patrols, and response. Such
sums shall remain available until expended.
Subtitle E—Energy Pipeline
Security Study
SEC. 261. ENERGY PIPELINE SECURITY STUDY.
There are authorized to be appropriated to the Sec-
retary of Transportation $5,000,000 for fiscal year 2002
for the Secretary to enter into an arrangement with the
National Academy of Sciences for a comprehensive study
by the National Academy of Sciences’s Transportation Re-
search Board of the security of energy pipelines, including
issues related to monitoring, hardening of facilities, and
hiring and training of security personnel. Such sums shall
remain available until expended.
Subtitle F—Secure Aviation
SEC. 271. SECURITY REPORTING.
There is authorized to be appropriated $1,000,000
for fiscal year 2003 for upgrading and expanding the cur-
rent infrastructure of the Aviation Safety Reporting Sys-
tem of the Federal Aviation Administration and National
Aeronautics and Space Administration to collect and proc-
ess reports on deficiencies and lapses in the Nation’s avia-
tion security system from employees of public and private
aviation-related entities.
SEC. 272. REAL-TIME REPORTING OF FLIGHT DATA.
(a) PILOT PROJECTS.—The Secretary of Transpor-
tation shall carry out pilot projects with air carriers for
the real-time transmission to the Federal Aviation Admin-
istration of cockpit voice and flight data and cabin video
data from aircraft of such air carriers. The Secretary shall
provide funding for the installation and operation of
equipment necessary for the transmission of such data
under the pilot projects.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $60,000,000 to carry out
this section.
SEC. 273. INSTALLATION OF FUEL CELLS AT AIRPORTS.
(a) ESTABLISHMENT OF PILOT PROGRAM.—The Sec-
retary of Transportation shall establish a pilot program
to deploy commercially available fuel cells at public use
airports to ensure a reliable energy supply for new and
emerging aviation security technologies, airport control
towers, airport terminals, and other airport facilities.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $20,000,000 to carry out
this section.
TITLE III—PROTECT AMERICA’S
PHYSICAL 
AND 
INFORMA-
TIONAL INFRASTRUCTURE
Subtitle A—Secure America’s
Energy Infrastructure
SEC. 301. SECURE OUR OIL REFINERIES AND NATURAL GAS
STORAGE FACILITIES.
(a) RISK MANAGEMENT ASSESSMENT.—Not later
than one year after the date of enactment of this Act, the
Secretary of Energy shall transmit to Congress a report
describing the results of a risk management assessment
of oil refineries and natural gas and liquid natural gas
storage facilities in the United States. Such report shall
include the results of a threat assessment, vulnerabilty as-
sessment and criticality assessment of oil refineries and
natural gas and liquid natural gas storage facilities in the
United States, and make recommendations on actions that
may reduce the risk and mitigate the consequences of an
attack or event. Such report shall assess but not be limited
to:
(1) construction of interactive, distributed secu-
rity architecture with control over network, estab-
lishment of automated intrusion detection, alert, re-
sponse, and forensic information gathering, and
encryption of all wireless and Internet-based commu-
nications;
(2) dedicated backup and alternate power sup-
plies and telecommunications capability;
(3) enhanced background investigation and per-
sonnel security procedures;
(4) hardening perimeter and internal security of
refineries and natural gas and liquid natural gas
storage facilities and improving monitoring of pipe-
lines;
(5) conducting physical and logical penetration
tests using government or private security special-
ists;
(6) physical inspections of tankers before they
access facilities; and
(7) establishment of alternate and backup
modes of transportation, and facility ingress and
egress.
(b) DEMONSTRATION PROJECTS.—The Secretary of
Energy shall provide support for projects to demonstrate
the best practices identified under subsection (a) and
other appropriate topics.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of En-
ergy for fiscal year 2002 to carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
SEC. 302. SECURE OUR CHEMICAL FACILITIES.
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency, in consultation with the Of-
fice of Homeland Security, shall transmit to Congress a
report describing the results of a risk management assess-
ment of chemical manufacturing facilities in the United
States. Such report shall include the results of a threat
assessment, vulnerability assessment and criticality as-
sessment of chemical manufacturing facilities in the
United States, and make recommendations on actions that
may reduce the risk and mitigate the consequences of an
attack or event.
(b) DEMONSTRATION
PROJECTS.—The Adminis-
trator of the Environmental Protection Agency shall pro-
vide support for projects to demonstrate best practices
identified under subsection (a).
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Administrator the
Environmental Protection Agency for fiscal year 2002 to
carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
SEC. 303. SECURE OUR NUCLEAR FACILITIES AND NU-
CLEAR WASTE.
(a) RISK MANAGEMENT ASSESSMENT.—Not later
than one year after the date of enactment of this Act, the
Chairman of the Nuclear Regulatory Commission shall
transmit to Congress a report describing the results of a
risk management assessment of nuclear facilities in the
United States. Such report shall include the results of a
threat assessment, vulnerabilty assessment and criticality
assessment of nuclear facilities in the United States, and
make recommendations on actions that may reduce the
risk and mitigate the consequences of an attack or event.
(b) NUCLEAR WASTE TRANSPORTATION AND STOR-
AGE.—
(1) TERRORIST
ATTACK
DEFENSE
INTER-
AGENCY PLAN.—
(A) IN GENERAL.—The Secretary of En-
ergy shall coordinate the development and im-
plementation of an interagency plan to prepare
for and defend against terrorist attacks against
high-level nuclear waste transportation facilities
and infrastructure, interim storage facilities,
intermodal transfer facilities, or central reposi-
tories. Such plan shall—
(i) include an assessment of terrorism
risks and economic feasibility of defending
against attacks on all transportation and
storage of high-level nuclear waste;
(ii) give special attention to the risks
of nuclear waste being used as a radio-
logical weapon; and
(iii) include an analysis of the eco-
nomic, public health, and environmental
costs of implementing the plan.
(B) INTERIM
REPORT.—Not later than
April 15, 2002, the Secretary of Energy shall
transmit to the Congress an interim report on
the development of the plan under subpara-
graph (A).
(C) FINAL REPORT.—Not later than De-
cember 31, 2002, the Secretary of Energy shall
transmit to the Congress a report containing
the final plan developed under subparagraph
(A).
(2) RESPONSE PLAN.—
(A) IN
GENERAL.—The Federal Emer-
gency Management Agency shall coordinate and
develop a plan to ensure that Federal, State,
and local governments can respond adequately
to the consequences of a terrorist attack against
the transportation or storage of high-level nu-
clear waste. Such plan shall—
(i) include procedures for notifying
State and local emergency response units
when nuclear waste is transported through
their jurisdictions; and
(ii) include necessary preresponse
preparations to ensure the adequate re-
sponse of ‘‘first responders’’.
(B) INTERIM
REPORT.—Not later than
March 31, 2003, the Federal Emergency Man-
agement Agency shall transmit to the Congress
an interim report on the development of the
plan under subparagraph (A).
(C) FINAL
REPORT.—Not later than
March 31, 2004, the Federal Emergency Man-
agement Agency shall transmit to the Congress
a report containing the final plan developed
under subparagraph (A).
(c) DEMONSTRATION PROJECTS.—The Chairman of
the Nuclear Regulatory Commission shall provide support
for projects to demonstrate best practices indentified
under subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Chairman of the
Nuclear Regulatory Commission for fiscal year 2002 to
carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
SEC. 304. SECURE OUR ELECTRIC POWER GRID.
(a) RISK MANAGEMENT ASSESSMENT.—Not later
than one year after the date of enactment of this Act, the
Chairman of the Federal Energy Regulatory Commission
shall transmit to Congress a report describing the results
of a risk management assessment of the electric power
grid in the United States. Such report shall include the
results of a threat assessment, vulnerabilty assessment
and criticality assessment of electic power generation,
transmission, and local distribution facilities in the United
States, and make recommendations on actions that may
reduce the risk and mitigate the consequences of an attack
or event.
(b) DEMONSTRATION PROJECTS.—The Chairman of
the Federal Energy Regulatory Commission shall provide
support for projects to demonstrate best practices
indentified under subsection (a).
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Chairman of the
Federal Energy Regulatory Commission for fiscal year
2002 to carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
SEC. 305. TRANSPORTATION OF NUCLEAR MATERIALS.
(a) AMENDMENT.—Chapter 14 of the Atomic Energy
Act of 1954 (42 U.S.C. 2201–2210b) is amended by add-
ing at the end the following new section:
‘‘SEC. 170C. TRANSPORTATION OF NUCLEAR MATE-
RIALS.—
‘‘a. The Nuclear Regulatory Commission shall estab-
lish a system to ensure that—
‘‘(1) with respect to activities by any party pur-
suant to a license issued under this Act, each vehicle
transporting materials described in subsection b. in
the United States—
‘‘(A) from a facility licensed by the Nu-
clear Regulatory Commission;
‘‘(B) from a facility licensed by an agree-
ment State; or
‘‘(C) from a country with whom the United
States has an agreement for cooperation under
section 123,
carries a manifest describing the type and amount of
materials being transported;
‘‘(2) each individual driving or traveling with
such a vehicle has been subject to a security back-
ground check by appropriate Federal entities; and
‘‘(3) no such vehicle transports such materials
to a destination other than a facility licensed by the
Nuclear Regulatory Commission or an agreement
State under this Act or other appropriate Federal
facility, or to a destination outside the United States
in a country with whom the United States has an
agreement for cooperation under section 123.
‘‘b. Except as otherwise provided by the Commission
by regulation, the materials referred to in subsection a.(1)
are byproduct materials, source materials, special nuclear
materials, high-level radioactive waste, spent nuclear fuel,
transuranic waste, and low-level radioactive waste (as de-
fined in section 2(16) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(16))).’’.
(b) REGULATIONS.—Not later than 6 months after
the date of the enactment of this Act, and from time to
time thereafter as it considers necessary, the Nuclear Reg-
ulatory Commission shall issue regulations identifying ra-
dioactive materials that, consistent with the protection of
public health and safety and the common defense and se-
curity, are appropriate exceptions to the transportation re-
quirements of section 170C of the Atomic Energy Act of
1954, as added by subsection (a) of this section.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect upon the issuance of regu-
lations under subsection (b).
(d) TABLE OF SECTIONS AMENDMENT.—The table
of sections for chapter 14 of the Atomic Energy Act of
1954 is amended by adding at the end the following new
item:
‘‘Sec. 170C. Transportation of nuclear materials.’’.
SEC. 306. DESIGN BASIS THREAT.
(a) RULEMAKING.—Chapter 14 of the Atomic Energy
Act of 1954 (42 U.S.C. 2201–2210b) is amended by add-
ing at the end the following new section:
‘‘SEC. 170D. DESIGN BASIS THREAT.—
‘‘a. The Nuclear Regulatory Commission, not later
than 120 days after the date of the enactment of this sec-
tion, after consultation with the Secretary of Defense, the
Director of Central Intelligence, the Director of the Fed-
eral Bureau of Investigation, the National Security Advi-
sor, the Director of Homeland Security (or any successor
official), and any other appropriate Federal, State, or non-
governmental entities, shall commence a rulemaking to
consider changes to the design basis threat for facilities
licensed by the Commission under this Act. Within 18
months after the date of the enactment of this section,
the Commission shall issue a final rule revising the design
basis threat and shall revise associated regulations, guid-
ance, and orders accordingly.
‘‘b. Actions taken under subsection a. shall take into
account, but not be limited to—
‘‘(1) the events of September 11, 2001;
‘‘(2) the potential for attack on facilities by
multiple coordinated teams totaling in the aggregate
a larger number of individuals;
‘‘(3) the potential for assistance in an attack
from several persons employed at the facility;
‘‘(4) the potential for suicide attacks;
‘‘(5) water-based and air-based threats;
‘‘(6) the potential use of explosive devices of
considerable size and other modern weaponry;
‘‘(7) the potential for attacks by persons with
a sophisticated knowledge of facility operations;
‘‘(8) the threat of fires, especially fires of long
duration;
‘‘(9) protection of spent fuel storage pools and
dry cask storage, including after reactor closure; and
‘‘(10) any new security role assumed by other
Federal entities at facilities licensed by the Commis-
sion under this Act.
‘‘c. Regulations, guidance, and orders issued under
this section shall establish requirements for licensees relat-
ing to construction, operation, security procedures, and
emergency response. The Commission, through such regu-
lations, guidance, and orders shall require conforming
amendments to existing licenses.
‘‘d. Actions taken under subsection a. shall require
licensees to provide for armed escorts for all spent fuel
shipments, capable of repelling attacks by a large number
of attackers working as several coordinated teams and
using sophisticated techniques and equipment.
‘‘e. (1) Actions taken under subsection a. shall in-
clude the establishment of an operational safeguards re-
sponse evaluation program, whose Director shall report di-
rectly to the Nuclear Regulatory Commission, which shall
ensure that the operational safeguards response of each
facility described in paragraph (2) is tested at least once
every 2 years through Commission designed, supervised,
and evaluated force-on-force exercises to determine wheth-
er the ability to defeat the design basis threat is being
maintained.
‘‘(2) Facilities subject to testing under paragraph (1)
include commercial nuclear powerplants, research reac-
tors, spent fuel storage facilities and associated support
facilities and equipment, and any other licensed facility
the Nuclear Regulatory Commission considers appro-
priate.
‘‘f. Regulations, guidance, and orders issued under
this section shall be reviewed and revised as appropriate
at least once every 5 years.
‘‘g. In carrying out this section, the Commission shall
control the dissemination of restricted data, safeguards in-
formation, and other classified national security informa-
tion in such a manner as to assure the common defense
and security, consistent with chapter 12.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for chapter 14 of the Atomic Energy Act of 1954
is amended by adding at the end the following new item:
‘‘Sec. 170D. Design basis threat.’’.
SEC. 307. DEFENSE OF FACILITIES.
(a) AMENDMENT.—Chapter 14 of the Atomic Energy
Act of 1954 (42 U.S.C. 2201–2210b) is amended by add-
ing at the end the following new section:
‘‘SEC. 170E. DEFENSE OF FACILITIES.—
‘‘Whenever a state of war or national emergency ex-
ists, the President is authorized to deploy the Armed
Forces of the United States, or the National Guard, to
defend facilities licensed by the Nuclear Regulatory Com-
mission under this Act from terrorist attack or threat
from any foreign power. The President is also authorized
to restrict air space in the vicinity of such facilities.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for chapter 14 of the Atomic Energy Act of 1954
is amended by adding at the end the following new item:
‘‘Sec. 170E. Defense of facilities.’’.
(c) SAVINGS.—Nothing in the amendment made by
subsection (a) shall be construed to limit the President’s
authority under any other Act or under the Constitution.
Subtitle B—Secure America’s
Information Infrastructure
SEC. 311. SECURE OUR FIBER OPTIC INFRASTRUCTURE.
(a) RISK MANAGEMENT ASSESSMENT.—Not later
than one year after the date of enactment of this Act, the
Secretary of Commerce, acting through the National Tele-
communications and Information Administration of the
Department of Commerce, shall transmit to Congress a
report describing the results of a risk management assess-
ment of the Nation’s fiber optic infrastructure. Such re-
port shall include the results of a threat assessment,
vulnerabilty assessment and criticality assessment of such
infrastructure in the United States, and make rec-
ommendations on actions that may reduce the risk and
mitigate the consequences of an attack or event. Such re-
port shall assess but not be limited to:
(1) 
PHYSICAL
ATTACKS.—Physical 
attack
against Network Operations Centers (NOC’s), Point
of Presence facilities (POP’s), or signal amplifi-
cation/regeneration facilities: computer equipment,
mechanical systems, electrical systems.
(2) SOPHISTICATED
EXPLOITATION.—Use of
sophisticated techniques to exploit active fiber optic
cable, to extract data or degrade or permanently
darken fiber over time.
(3) SABOTAGE.—Sabotage (cutting/bending) of
in-ground or aerial cable lines.
(4) HACKER
ATTACKS.—Logical (hacker) at-
tacks against network to deactivate one or more
runs, alter repeater synchronization, or cripple moni-
toring ability.
(b) REPORT.—The National Telecommunications and
Information Administration shall submit a report on the
evaluation and assessment conducted under this section
to the Congress not later than December 31, 2002.
(c) DEMONSTRATION PROJECTS.—The Secretary of
Commerce shall provide support for projects to dem-
onstrate best practices indentified under subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Com-
merce for fiscal year 2002 to carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
SEC. 312. ENHANCE CYBER SECURITY.
(a) PROTECTION OF FEDERAL INFORMATION TECH-
NOLOGY INFRASTRUCTURE.—The Secretary or Director of
every Federal department or agency shall ensure that the
Chief Information Officer of that department or agency—
(1) upgrades information and security systems
to protect from denial-of-service or other attacks
against information systems;
(2) implements an early-warning system to as-
sist law enforcement officials in the event of an at-
tack; and
(3) supports the development of new tech-
nologies (including digital encryption) for protecting
Federal database systems.
(b) PROTECTION OF STATE AND LOCAL INFORMA-
TION SYSTEMS.—There is authorized to be appropriated
for fiscal year 2002—
(1) $2,000,000,000 for matching grants to
State and local Governments for improving informa-
tion and security systems and employee training;
and
(2) $50,000,000 for recruitment by the Cor-
poration for National Service, in association with the
Department of Justice, of information technology se-
curity specialists to work with local government
agencies and law enforcement authorities and im-
prove network security at the local municipal level.
Such sums shall remain available until expended.
(c) UNIVERSITY GRANTS.—There is authorized to be
appropriated $325,000,000 for fiscal year 2002 to make
Federal grants to public and private universities to provide
greater educational opportunities in information security
for approximately 10,000 students. Such sums shall re-
main available until expended.
Subtitle C—Secure Our Federal
Buildings
SEC. 321. SECURE OUR FEDERAL BUILDINGS.
(a) VULNERABILITY ASSESSMENT.—The Attorney
General shall update the June 28, 1995 study entitled
‘‘Vulnerability Assessment of Federal Facilities. Such up-
date shall take into account the events of September 11,
2001. The update shall address the screening of employ-
ees, the adequacy of currents identification systems, the
adequacy of current surveillance measures, the potential
increased need for magnetometers, need for mail proc-
essing at offsite secure locations, and cybersecurity.
(b) RISK MANAGEMENT ASSESSMENT.—Not later
than one year after the date of enactment of this Act, the
Administrator of the General Services Administration
shall transmit to Congress a report describing the results
of a risk management assessment of Federal buildings.
Such report shall include the results of a threat assess-
ment, vulnerabilty assessment and criticality assessment
of Federal buildings, and make recommendations on ac-
tions that may reduce the risk and mitigate the con-
sequences of an attack or event.
(c) DEMONSTRATION
PROJECTS.—The Adminis-
trator of General Services Administrationr shall provide
support for projects to demonstrate best practices
indentified under subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Administrator of
General Services Administration for fiscal year 2002 to
carry out this section—
(1) $25,000,000 for subsection (a); and
(2) $25,000,000 for subsection (b).
Such sums shall remain available until expended.
TITLE IV—GIVE LAW ENFORCE-
MENT WHAT IT NEEDS TO EF-
FECTIVELY 
COMBAT 
TER-
RORISM
Subtitle A—Give Law Enforcement
the Tools It Needs To Combat
Terrorism
SEC. 
401. 
IMPROVE 
COMPUTER 
ASSESSMENT 
TECH-
NOLOGY.
The Director of the Federal Bureau of Investigation
and the Director of Central Intelligence, in cooperation
with the Department of Transportation and the Depart-
ment of Defense, shall investigate whether computer
knowledge assessment technologies already known and
previously tested, with a 90 percent accuracy level, by ei-
ther the Federal Bureau of Investigation or the Central
Intelligence Agency, can be used to detect individuals with
terrorist training. The Directors shall report the results
of the investigation to Congress.
SEC. 402. SUPPLEMENT LOCAL LAW ENFORCEMENT.
(a) PILOT PROGRAM.—(1) From amounts available
to carry out this section, the Attorney General shall create
a pilot program for eventually establishing civilian supple-
mental incident response teams, comprised of volunteers
from the general public, in 120 of the largest metropolitan
areas, with funding made available for materials, equip-
ment, and training.
(2) In accordance with accepted Federal crisis re-
sponse and consequence management plans, these teams
shall, as much as is practicable, provide assistance to
State and local law enforcement agencies in a manner
similar to that provided by the Civilian Emergency Re-
sponse Teams of the Federal Emergency Management
Agency. Volunteers shall receive training in life-saving
skills, rescuer safety, civic assistance, general civil sup-
port, and other similar training as appropriate.
(3) In creating the pilot program, due deference shall
be afforded (to avoid duplication, redundancy, and over-
lap, and achieve as high a level of coordination as possible
and necessary) to each of the following:
(A) The program created and defined under
section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of the Na-
tional Defense Authorization Act for Fiscal Year
1997; 50 U.S.C. 2302(1)).
(B) Section 523.
(C) The initiatives included under Section
603(1) and 603(2).
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $15,000,000 to carry
out this section. Such sums shall remain available until
expended.
(c) CONTOMS FUNDING.—There is authorized to be
appropriated $2,400,000 for fiscal year 2002 to fully fund
the counter narcotics tactical operations medical support
program in the Department of Justice. Such sums shall
remain available until expended.
Subtitle B—Protect the U.S. Postal
Service and Its Employees
SEC. 411. PROTECT THE POSTAL SERVICE AND ITS EM-
PLOYEES.
(a) IN GENERAL.—There is authorized to be appro-
priated for fiscal year 2002 the sum of $1,089,300,000,
to be used by the United States Postal Service to enhance
the Postal Service’s ability to detect and neutralize, or oth-
erwise appropriately respond to, any substance or other
matter (whether biological, chemical, or otherwise) entered
into the mails, without authorization, that might be dan-
gerous or injurious to life, health, or property. Such sums
shall remain available until expended.
(b) SPECIFIC PURPOSES.—The amount authorized by
subsection (a) consists of the following:
(1) $13,000,000 for medical expenses and
emergency treatment costs.
(2) $33,200,000 for protective equipment
(gloves and masks).
(3) $25,600,000 for environmental testing
(equipment and services).
(4) $45,000,000 for communications and edu-
cation for all customers and employees.
(5) $245,000,000 for acquisition and installa-
tion of antibiological systems using sanitation tech-
nology.
(6) $53,000,000 for deployment of sanitation
technology (testing and employee training).
(7) $9,500,000 for off-site irradiation services.
(8) $306,500,000 for hazard detection equip-
ment (with Department of Justice Joint Program
Office for Biological Warfare Detection).
(9) $67,000,000 for equipment and building
cleaning modifications.
(10) $97,900,000 for building heating, ventila-
tion, and air-conditioning system modifications
(based on recommendations of the Centers for Dis-
ease Control and Prevention).
(11) $145,100,000 for major equipment modi-
fication (to include automatic vacuuming).
(12) $48,500,000 for implementation of new se-
curity initiatives.
Subtitle C—Improve Border and
Customs Capabilities
SEC. 421. UPDATE BORDER AND CUSTOMS TECHNOLOGY
AND 
DETECTION 
CAPABILITIES 
AND 
IN-
CREASE PERSONNEL
(a) NEUTRON SCANNER TECHNOLOGY.—The Cus-
toms Service shall expedite the development and deploy-
ment of pulsed fast neutron analysis (PFNA) technology
for use by the Customs Service.
(b) TECHNOLOGY
TO
DETECT
BIOLOGICAL
OR
CHEMICAL AGENTS.—There is authorized to appropriated
for fiscal year 2002 $500,000,000 for the development of
scanners, for use by the Customs Service, that are capable
of sensing biological and chemical contaminants in micro-
scopic airborne quantities. Such sums shall remain avail-
able until expended.
(c) IDENTIFICATION OF INDIVIDUALS CROSSING U.S.
BORDERS.—
(1) IDENTIFICATION.—
(A) IN GENERAL.—The Attorney General
shall develop a program to—
(i) encourage the use of biometrics to
identify in a racially and ethnically neutral
manner individuals crossing the borders
into the United States;
(ii) integrate Federal databases and
watch lists so as to better identify those
who should not be permitted entry into the
United States;
(iii) provide for the use of better pro-
duction techniques, including holograms,
magnetic strips, and embedded chips, for
official Federal, State, and territory-issued
forms of identification; and
(iv) implement biometric scanning
techniques, including fingerprint recogni-
tion and ‘‘laser visas’’ to speed and auto-
mate security scanning techniques at bor-
der checkpoints (including airports) while
increasing accuracy.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For the purpose of carrying out sub-
paragraph (A), there is authorized to be appro-
priated $30,000,000 for fiscal year 2002.
Amounts appropriated under the preceding sen-
tence shall remain available until expended.
(d) INCREASED NUMBERS OF BORDER PATROL, IM-
MIGRATION OFFICERS, CUSTOMS INSPECTORS, AND U.S.
MARSHALS.—
(1) BORDER PATROL.—(A) The Attorney Gen-
eral shall carry out a program to increase the num-
ber of United States Border Patrol personnel (from
the number authorized under current law) to 10,500
by fiscal year 2003.
(B) There is authorized to be appropriated
$136,000,000 for fiscal year 2002 to carry out sub-
paragraph (A). Such sums shall remain available
until expended.
(2) INS.—(A) The Attorney General shall carry
out a program to increase the number of Immigra-
tion and Naturalization Service inspectors at ports
of entry to 6000 by fiscal year 2003.
(B) There is authorized to be appropriated
$71,850,000 for fiscal year 2002 to carry out sub-
paragraph (A). Such sums shall remain available
until expended.
(3) CUSTOMS INSPECTORS.—(A) The Secretary
of the Treasury shall carry out a program to in-
crease the number of Customs Service inspectors at
ports of entry to 9000 by fiscal year 2003.
(B) There is authorized to be appropriated
$71,850,000 for fiscal year 2002 to carry out sub-
paragraph (A). Such sums shall remain available
until expended.
(4) U.S. MARSHALS.—(A) The Attorney Gen-
eral shall carry out a program to increase the num-
ber of United States marshals to 5200 by fiscal year
2003.
(B) There is authorized to be appropriated
$12,500,000 for fiscal year 2002 to carry out sub-
paragraph (A). Such sums shall remain available
until expended.
(e) BORDER HEALTH INSPECTORS.—
(1) ESTABLISHMENT.—The Commissioner of
Immigration and Naturalization, in consultation
with the heads of appropriate departments and
agencies, shall establish a corps of border health in-
spectors, to be composed of medical doctors or other
medical professionals, whose function shall be to in-
spect individuals entering the United States at the
borders for signs of infectious disease who may be
intending purposefully to infect others.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $10,000,000
for fiscal year 2002 for—
(A) the corps of border health inspectors
established under paragraph (1); and
(B) equipment and technology necessary
for the corps to carry out its functions effec-
tively, including on site communications tech-
nology, laboratories, medicines, medical equip-
ment, and medical instruments and technology.
Such sums shall remain available until expended.
(f) AMOUNTS TO REMAIN AVAILABLE.—Amounts ap-
propriated under this section shall remain available until
expended.
(g) 
DISTRICT
JUDGES
FOR
THE
DISTRICT
COURTS.—
(1) IN GENERAL.—The President shall appoint,
by and with the advice and consent of the Senate—
(A) 5 additional district judges for the
southern district of California;
(B) 1 additional district judge for the dis-
trict of New Mexico;
(C) 1 additional district judge for the
southern district of Texas; and
(D) 2 additional district judges for the
western district of Texas.
(2) TABLES.—In order that the table contained
in section 133 of title 28, United States Code, will,
with respect to each judicial district, reflect the
changes in the total number of permanent district
judgeships authorized as a result of paragraph (1)
of this subsection, such table is amended—
(A) by striking the item relating to Cali-
fornia and inserting the following:
‘‘California:
Northern ...........................................................................................
Eastern .............................................................................................
Central ..............................................................................................
Southern ............................................................................................
13’’;
(B) by striking the item relating to New
Mexico and inserting the following:
‘‘New Mexico .............................................................................................
7’’;
and
(C) by striking the item relating to Texas
and inserting the following:
‘‘Texas:
Northern ...........................................................................................
Southern ............................................................................................
Eastern .............................................................................................
Western .............................................................................................
13’’.
(h) TEMPORARY JUDGESHIPS.—The President shall
appoint, by and with the advice and consent of the
Senate—
(1) 4 additional district judges for the district
of Arizona;
(2) 3 additional district judges for the southern
district of California;
(3) 1 additional district judge for the district of
New Mexico; and
(4) 1 additional district judge for the western
district of Texas.
For the district of Arizona, the first 4 vacancies arising
on the district court 7 years or more after judges are first
confirmed to fill all 4 temporary district judgeships cre-
ated in that district by this subsection shall not be filled.
For the southern district of California, the first 3 vacan-
cies arising on the district court 7 years or more after
judges are first confirmed to fill all 3 temporary district
judgeships created in that district by this subsection shall
not be filled. For each of the other judicial districts named
in this subsection, the first vacancy arising on the district
court 7 years or more after a judge is first confirmed to
fill the temporary district judgeship created in that district
by this subsection shall not be filled.
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $15,200,000 for fiscal
year 2002 to carry out the provisions of subsections (g)
and (h), including such sums as may be necessary to pro-
vide appropriate space and facilities for the judicial posi-
tions created by this Act. Such sums shall remain available
until expended.
SEC. 422. IMPROVE CUSTOMS SERVICE RECONNAISSANCE.
(a) PROGRAM.—The Director of Homeland Security,
in consultation with the United States Custom Service,
shall consider a program to improve aerial reconnaissance
activities on the United States borders, to include the ac-
quisition and deployment of unmanned aerial vehicle sys-
tems.
(b) USE OF UNMANNED AERIAL VEHICLES.—Under
the program, the United States Customs Service may ac-
quire and deploy unmanned aerial vehicle systems.
(c) COMMENCEMENT.—If approved, the program
under this section shall begin during fiscal year 2003.
(d) AUTHORIZATION.—There is authorized to be ap-
propriated $300,000 for fiscal year 2002 and $26,000,000
to purchase, using appropriate competitive procedures
equipment to meet the requirements established under
subsection (a). Such sums shall remain available until ex-
pended.
TITLE 
V—IMPROVE 
INTER-
AGENCY AND INTERGOVERN-
MENTAL COORDINATION AND
INFORMATION SHARING
Subtitle A—Interagency and
Intergovernmental Coordination
SEC. 501. IMPROVE INTERAGENCY AND INTERGOVERN-
MENTAL COORDINATION.
(a) SENSE OF CONGRESS.—It is the Sense of Con-
gress that the organization and culture of various Federal
entities prevent maximally effective and timely sharing of
vital information relevant to preventing, preparing for, or
responding to acts of terrorism.
(b) DUTY
OF PRESIDENT.—The President shall,
through the Office of Homeland Security, oversee the ap-
propriate sharing of information among Federal, State,
and local agencies involved in intelligence collection and
law enforcement for the purpose of protecting homeland
security.
(c) ESTABLISHMENT OF ENTITY.—The Assistant to
the President for Homeland Security shall establish an en-
tity within Office of Homeland Security to develop a sys-
tem-wide information network to reduce interagency
compartmentalization of vital intelligence, to provide co-
ordination in areas in which agency responsibilities over-
lap, and to avoid duplication of unnecessary efforts and
resources.
(d) SPECIFIC DUTIES.—The entity established under
subsection (b) shall—
(1) integrate in the information network the
databases of existing watch lists of suspected terror-
ists now collected and maintained by the Federal
Bureau of Investigation, the Immigration and Natu-
ralization Service, the Department of Justice and
the State Department and any other appropriate in-
telligence or law enforcement agencies;
(2) ensure appropriate access to the informa-
tion network on a timely basis by Federal, State,
and local intelligence and law enforcement entities;
(3) ensure appropriate training exists for the
use of the network for all Federal, State, and local
users;
(4) protect personal privacy and other relevant
personal liberties by ensuring access to the network
to authorized users only and protection of sensitive
information on the network as needed;
(5) include in the network all such data from
biometric and other technologies as are available, in-
cluding fingerprints, DNA, and other biological in-
formation of suspected terrorists; and
(6) consider possible consolidation of other Fed-
eral entities, especially in the area of border control,
that may duplicate information sharing.
(e) PROTECTING CONFIDENTIALITY.—In establishing
and maintaining the network under subsection (c), the As-
sistant to the President for Homeland Security Affairs
shall ensure that the information in the database is only
provided to individuals who are approved for access to the
information involved, and shall ensure that the network
is operated in compliance with requirements under law re-
garding protection against unauthorized disclosure of in-
formation for reasons of national security.
(f) AUTHORIZATION.—There is authorized to be ap-
propriated $5,000,000 for fiscal year 2002 to the Execu-
tive Office of the President for the establishment of the
information network under this section. Such sums shall
remain available until expended.
Subtitle B—Increase Capabilities
for Federal, State, and Local
Terrorism and Prevention
SEC. 511. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND
ORAL INTERCEPTION INFORMATION.
Section 2517(6) of title 18, United States Code, is
amended as follows:
(1) In the first sentence, by inserting after ‘‘na-
tional security official’’ the following: ‘‘or to law en-
forcement personnel of a State or political subdivi-
sion of a State (including the chief executive officer
of that State or political subdivision who has the au-
thority to appoint or direct the chief law enforce-
ment officer of that State or political subdivision)’’.
(2) In the second sentence, by striking ‘‘Fed-
eral’’.
(3) By adding at the end the following: ‘‘Any
chief executive officer or law enforcement personnel
of a State or political subdivision of a State who re-
ceives information pursuant to this paragraph shall
only use that information consistent with such
guidelines as the Attorney General shall issue to pro-
tect confidentiality.’’.
SEC. 512. FOREIGN INTELLIGENCE INFORMATION.
Section 203(d)(1) of the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act (USA PATRIOT
ACT) of 2001 (Public Law 107–56) is amended as fol-
lows:
(1) In the first sentence, by inserting after ‘‘na-
tional security official’’ the following: ‘‘or to law en-
forcement personnel of a State or political subdivi-
sion of a State (including the chief executive officer
of that State or political subdivision who has the au-
thority to appoint or direct the chief law enforce-
ment officer of that State or political subdivision)’’.
(2) In the second sentence, by striking ‘‘Fed-
eral’’.
(3) By adding at the end the following: ‘‘Any
chief executive officer or law enforcement personnel
of a State or political subdivision of a State who re-
ceives information pursuant to this paragraph shall
only use that information consistent with such
guidelines as the Attorney General shall issue to pro-
tect confidentiality.’’.
SEC. 513. DISCLOSURES TO GOVERNMENTAL AGENCIES
FOR COUNTERTERRORISM PURPOSES.
Section 626(a) of the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended by adding at the end
the following: ‘‘The recipient of that consumer report or
information may further disclose the contents of that re-
port or information to law enforcement personnel of a
State or political subdivision of a State (including the chief
executive officer of that State or political subdivision who
has the authority to appoint or direct the chief law en-
forcement officer of that State or political subdivision) to
assist the official who is to receive that information in the
performance of the official duties of that official. Any chief
executive officer or law enforcement personnel of a State
or political subdivision of a State who receives information
pursuant to this subsection shall only use that information
consistent with such guidelines as the Attorney General
shall issue to protect confidentiality.’’.
SEC. 514. MULTILATERAL COOPERATION AGAINST TERROR-
ISTS.
Section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) is amended—
(1) in paragraph (1), by striking the period at
the end and inserting a semicolon;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) the Secretary of State may provide copies
of any record of the Department of State and of dip-
lomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or per-
mits to enter the United States, or any information
contained in those records, to law enforcement per-
sonnel of a State or political subdivision of a State
(including the chief executive officer of that State or
political subdivision who has the authority to appoint
or direct the chief law enforcement officer of that
State or political subdivision), if the Secretary deter-
mines that it is necessary and appropriate, however,
any chief executive officer or law enforcement per-
sonnel of a State or political subdivision of a State
who receives information pursuant to this paragraph
shall only use that information consistent with such
guidelines as the Attorney General shall issue to pro-
tect confidentiality; and’’.
(B) in the case of a local law enforcement
official, at least one such official for each Field
Office of the Federal Bureau of Investigation in
the State has access to such information.
(4) Expeditious completion of background in-
vestigations.
(5) Increase in personnel within agencies and
Departments of the United States to conduct back-
ground investigations.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $10,000,000 for fiscal
year 2002 to be available until expended, and such sums
as are necessary in succeeding fiscal years, to carry out
paragraph (1). Such sums shall remain available until ex-
pended.
SEC. 522. PREVENTION OF DELAY IN REASSIGNMENT OF 24
MEGAHERTZ FOR PUBLIC SAFETY PURPOSES.
Section 309(j)(14) of the Communications Act of
1934 (47 U.S.C. 309(j)(14) is amended by adding at the
end the following new subparagraph:
‘‘(D) EXTENSIONS
NOT
PERMITTED
FOR
CHANNELS (63, 64, 68 AND 69) REASSIGNED FOR
PUBLIC
SAFETY
SERVICES.—Notwithstanding
subparagraph (B), the Commission shall not
grant any extension under such subparagraph
from the limitation of subparagraph (A) with
respect to the frequencies assigned, pursuant to
section 337(a)(1), for public safety services.
The Commission shall take all actions necessary
to complete assignment of the electromagnetic
spectrum between 764 and 776 megahertz, in-
clusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to per-
mit operations by public safety services on those
frequencies commencing no later than January
1, 2007.’’.
SEC. 523. ESTABLISHMENT OF EMERGING THREAT WORK-
SPACES.
(a) IN GENERAL.—The Attorney General shall estab-
lish, in conjunction with appropriate crisis response and
consequence management officials, emerging threat work-
spaces in 56 regions throughout the United States to pre-
pare for and respond to states of emergency resulting from
acts of terrorism committed in or around the region. Such
emerging threat workspaces shall be operated in accord-
ance with accepted crisis response and consequence man-
agement activities and procedures from funds made avail-
able under subsection (c).
(b) FUNCTIONS
OF
EMERGING
THREAT
WORK-
SPACES.—An emerging threat workspace shall be used in
non-military efforts to coordinate Federal, State, and local
personnel—
(1) to develop and test technologies and proto-
cols for command, control, communications, com-
puters, intelligence, and surveillance for urban oper-
ations, and to develop response procedures for a
state of emergency; and
(2) to assist with the coordination, training,
planning, and response operations of all pertinent of-
ficials and personnel involved in responding to a
state of emergency.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Attorney General
to carry out this section $168,000,000 for fiscal year
2002, such sums to be available until expended.
SEC. 524. MAINTENANCE OF SECURE BIOAGENT DATABASE.
(a) IN GENERAL.—In order to ensure access to infor-
mation needed to prevent or investigate terrorist activity
conducted through the use of biological agents, the Sec-
retary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Preven-
tion, shall maintain a database containing information on
the possession and physical attributes (such as particular
strain and physical characteristics) of select biological
agents determined by the Secretary and the Director to
pose a threat to public health by terrorist attack.
(b) ACCESS
TO DATABASE.—The database main-
tained under subsection (a) shall be accessible by author-
ized personnel of the Department of Health and Human
Services, the Federal Bureau of Investigation, agencies
and Departments of the intelligence community, Federal,
State, and local law enforcement agencies, and other de-
partments and agencies of the United States relating to
the national security.
(c) MAINTENANCE OF INFORMATION INFRASTRUC-
TURE.—In maintaining the database, the Secretary shall
maintain an information technology infrastructure and
communications connectivity for such database and exist-
ing databases of information with respect to genetic se-
quencing of known sources of anthrax or other biological
or chemical weapon agents collected by the departments
and agencies referred to in subsection (a) to provide for
interoperability of those databases with the database
maintained under such subsection.
(d) PROTECTING CONFIDENTIALITY.—In maintain-
ing the database, the Secretary shall ensure that the infor-
mation in the database is only provided to individuals who
are approved for access to the information involved, and
shall ensure that the database is operated in compliance
with requirements under law regarding protection against
unauthorized disclosure of information for reasons of na-
tional security.
SEC. 525. ESTABLISHMENT OF JOINT TASK FORCE FOR
INTERAGENCY CLEARINGHOUSE.
(a) IN GENERAL.—Not later than four months after
the date of the enactment of this Act, the President shall
establish within the Office for Homeland Security a center
for purposes of developing an interagency clearinghouse
for new counterterrorism technologies.
(b) MEMBERSHIP.—(1) The President shall appoint
to the center such personnel of the Office for Homeland
Security as the President determines appropriate.
(2) The President shall provide for the detail of per-
sonnel to the center from—
(A) the Federal Bureau of Investigation,
(B) the intelligence community,
(C) Federal law enforcement agencies,
(D) the Department of Defense, and
(E) departments and agencies of the United
States relating to the national security and research
and development.
(3) There shall be representation in the center from
private sector technology organizations and any non-profit
technology organizations, as appropriate. Private sector or
non-profit personnel in the Center shall not receive a sal-
ary for their services but may be reimbursed for expenses
incurred in the performance of duties for the Center.
(4) The Assistant to the President for Homeland Se-
curity shall serve as the chairperson of the center, and
may appoint an executive director to operate the center.
(c) DUTIES.—The center shall—
(1) solicit and analyze new counterterrorism
technologies from private sector vendors;
(2) forward proposals and recommendations to
the departments and agencies of the United States
relating to the national security as appropriate;
(3) conduct outreach to the private sector with
respect to needs of the Federal Government and
conduct outreach to the agencies and Departments
of the United States with respect to appropriate
technologies available in the private sector; and
(4) recommend to the President changes to the
Federal budget for technology procurement and re-
search and development as needed.
TITLE VI—PREVENT THE PRO-
LIFERATION OF WEAPONS OF
MASS 
DESTRUCTION 
AND
PREPARE THE MILITARY TO
EFFECTIVELY 
FIGHT 
TER-
RORISM
SEC. 601. THREAT REDUCTION.
(a) FINDINGS.—Congress finds that the potential for
the international proliferation of nuclear, chemical, bio-
logical, and other weapons of mass destruction poses per-
haps the greatest threat to the security of the United
States.
(b) STATEMENT OF POLICY.—It is the policy of the
United States to work with other nations, especially Rus-
sia, to prevent the spread of nuclear, chemical, biological,
and other weapons of mass destruction, and to prevent
the proliferation of nuclear, chemical, and biological weap-
ons materials and expertise.
(c) AUTHORIZATION OF APPROPRIATIONS.—In fur-
therance of the policy described in subsection (b), in addi-
tion to any funds otherwise authorized to be appropriated,
there are authorized to be appropriated the following
amounts for fiscal year 2002:
(1) For cooperative threat reduction programs
of the Department of Defense, $50,000,000, of
which not more than $25,000,000 may be used for
nuclear warhead storage and transportation security.
(2) For cooperative threat reduction programs
and other related programs of the Department En-
ergy, $650,000,000, of which not more than the fol-
lowing amounts may be obligated for the purposes
specified:
(A) $200,000,000 for the International
Materials Protection Control and Accounting
Program.
(B) $200,000,000 for warhead dismantle-
ment transparency activities.
(C) $75,000,000 for the initiatives for pro-
liferation prevention and nuclear cities initia-
tive.
(D) 
$75,000,000 
for 
non-proliferation
verification research and development.
(E) $50,000,000 for U.S.—Russian fissile
material disposition.
(F) $38,000,000 for ending Russian civil
plutonium production.
(3) For cooperative threat reduction programs
and other related programs the Department of
State, $50,000,000, of which not more than
$30,000,000 may be used for export control assist-
ance.
(d) REPORT ON DEBT FOR SECURITY PROGRAMS
AND OTHER SOURCES OF FUNDING FOR NUCLEAR NON-
PROLIFERATION PROGRAMS.—
(1) STUDY.—The President shall conduct a
study of—
(A) the feasibility of creating a new source
of funds for nuclear nonproliferation programs
in Russia through establishment of a program
providing for the forgiveness of international
debt of Russia in exchange for payments by
Russia into an independent fund that, under
strict conditions, would support the implemen-
tation of agreed-upon nuclear nonproliferation
programs; and
(B) other potential alternative sources of
funding for nuclear nonproliferation programs,
such as funding through the establishment of a
loan guarantee program.
(2) CONSULTATION.—In the conduct of the
study under paragraph (1), the President shall con-
sult with appropriate representatives of Russia and
other nations whose participation in such a program
the President determines to be necessary or desir-
able.
(3) REPORT
ON
PRESIDENTIAL
DETERMINA-
TIONS.—Not later than April 15, 2002, the Presi-
dent shall submit to Congress a report on the study
required by paragraph (1). The report shall include
the President’s determinations, together with sup-
porting facts and reasoning, as to each of the fol-
lowing:
(A) The prospects for the participation of
creditor nations in addition to the United
States in the program of debt forgiveness.
(B) The extent to which payments by Rus-
sia into a fund described in paragraph (1)
should be made in Russian currency.
(C) The appropriate ratio between the
amount of such payments and the amount of
debt forgiven.
(D) The purposes for which amounts in
the fund should be permitted to be expended.
(E) The means for assuring that those
amounts are expended for those purposes.
(F) The feasibility of establishing such a
program.
(G) The prospects for establishing a loan
guarantee program under which loan guaran-
tees are made to private lenders that provide
loans to the Government of Russia for one or
more of the following purposes:
(i) Retirement of sovereign debt of
Russia.
(ii) Support of nuclear nonprolifera-
tion programs and activities of Russia.
(iii) Development of the energy infra-
structure of Russia, including development
of peaceful uses of nuclear energy in a
manner that complies with the Nuclear
Nonproliferation Treaty.
(4) 
LEGISLATIVE
PROPOSAL.—The 
report
under paragraph (3) shall include a legislative pro-
posal for implementing any program that the Presi-
dent recommends based on the determinations under
that paragraph.
(5) NUCLEAR NONPROLIFERATION TREATY DE-
FINED.—In this section, the term ‘‘Nuclear Non-
proliferation Treaty’’ means the Treaty on the Non-
proliferation of Nuclear Weapons, as opened for sig-
nature July 1, 1968.
SEC. 602. RESEARCH AND DEVELOPMENT.
(a) PLAN REQUIRED.—The Secretary of Defense
shall develop an integrated plan for the Department of De-
fense for the use of technology to combat terrorism. The
plan shall include the following elements:
(1) An identification of the near-term, mid-
term, and long-term requirements of the Depart-
ment for the use of technology for such purposes.
(2) An identification of the core technologies of
the Department that are applicable for use for such
purposes.
(3) An action plan for the use of technology for
such purposes, including an identification of the par-
ticipants and resources required for such action
plan.
(b) COVERED TECHNOLOGIES.—In preparing the
plan required by subsection (a), the Secretary shall focus
on technologies that emphasize survivability and denial,
deterrence and warning, consequence management and re-
covery, and tracking and retaliation.
(c) INVESTMENT.—From amounts made available to
carry out this subsection, the Secretary shall invest in spe-
cific technologies that offer assurances for maintaining
into the future the United States’ advantage in tech-
nologies referred to in subsection (b). Such specific tech-
nologies shall include miniaturization, bulk explosives de-
tection, advanced mapping and tracking, and robotics.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $512,000,000 for fiscal
year 2002 to carry out subsection (c). Such sums shall
remain available until expended.
SEC. 603. READINESS, TRAINING, AND FORCE PROTECTION.
There is authorized to be appropriated for the mili-
tary 
functions 
of 
the 
Department 
of 
Defense
$5,578,000,000 for fiscal year 2002, as follows:
(1) For modernization of perimeter security and
facility 
upgrades 
at 
military 
installations,
$767,000,000.
(2) For enhancement of antiterrorism and force
protection measures through training initiatives and
minor 
acquisitions, 
$643,000,000, 
of 
which
$10,000,000 shall be available for the Fire and
Emergency Services and Emergency Medical Serv-
ices Programs in the Department of Defense.
(3) For readiness improvements through in-
creased 
flying 
hours 
and 
vehicle 
miles,
$1,506,000,000.
(4) For depot maintenance and procurement of
spare parts, $1,384,000,000.
100
(5) 
For 
increased 
special 
duty 
pay,
$1,278,000,000.
Such sums shall remain available until expended.
SEC. 604. COMMAND AND CONTROL, THREAT ASSESSMENT,
AND ANALYSIS.
There is authorized to be appropriated for the mili-
tary 
functions 
of 
the 
Department 
of 
Defense
$1,160,000,000 for fiscal year 2002 for the following pur-
poses:
(1) For improved communications and coordi-
nation, $900,000,000.
(2) For improved connectivity and information
assurance, $200,000,000.
(3) For creating and instituting a comprehen-
sive 
threat 
and 
risk 
assessment 
process,
$20,000,000.
(4) For implementing new methodologies for in-
telligence research and dissemination, $40,000,000.
Such sums shall remain available until expended.
101
TITLE 
VII—HOMELAND 
SECU-
RITY STRATEGY AND BUDGET
SEC. 701. DIRECTOR FOR HOMELAND SECURITY AND PRO-
GRAM ASSOCIATE DIRECTOR FOR HOME-
LAND SECURITY.
(a) DIRECTOR.—There shall be within the Executive
Office of the President a Director of Homeland Security,
who shall be appointed by the President with the advice
and consent of the Senate.
(b) PROGRAM ASSOCIATE DIRECTOR.—There shall be
within the Office of Management and Budget a Program
Associate Director for Homeland Security.
SEC. 702. FIVE-YEAR HOMELAND SECURITY STRATEGY AND
BUDGET.
(a) COMPREHENSIVE RISK ASSESSMENT.—The Di-
rector of Homeland Security shall conduct, in coordination
with United States intelligence, law enforcement, and
other appropriate agencies, a comprehensive risk assess-
ment of threat to the United States. Such risk assessment
shall—
(1) include, to the extent the Director considers
appropriate and practicable, an identification of
vulnerabilities of the United States and terrorist
groups that may intend to conduct terrorist attacks
on United States territory;
102
(2) attempt to prioritize risks and cover a pe-
riod of at least five years;
(3) be provided to Congress not later than May
15, 2002; and
(4) be updated and provided to Congress annu-
ally not later than May 15th.
(b) HOMELAND SECURITY STRATEGY.—The Director
of Homeland Security shall develop a 5-year homeland se-
curity strategy to respond to the risk assessment required
by subsection (a). Such strategy shall—
(1) clearly define homeland security, including
the specific programs and activities of Federal agen-
cies that constitute homeland security;
(2) specify the roles of Federal agencies in pre-
venting, preparing for, and responding to acts of ter-
rorism, and prioritize the activities of such agencies
in accordance with the risk assessment;
(3) identify areas in which Federal agencies
should coordinate with State or local governments
including those of the District of Columbia, to pre-
vent, prepare for, and respond to acts of terrorism,
and make recommendations on how such coordina-
tion can be effectively implemented;
103
(4) recommend an appropriate budget for each
Federal agency for a five-year period to meet the re-
quirements of the homeland security strategy;
(5) identify those risks which the Director be-
lieves either cannot be prevented or for which more
than 5 years will be required to adequately imple-
ment prevention measures;
(6) be provided to Congress, in both classified
and unclassified form, not later than November 15,
2002; and
(7) be updated and provided to Congress annu-
ally, in both classified and unclassified form, not
later than November 15th.
(c) HOMELAND SECURITY BUDGET.—(1) The Pro-
gram Associate Director for Homeland Security shall be
responsible for ensuring that, beginning with the Presi-
dent’s budget submission to Congress for fiscal year 2004,
the President’s budget submission is consistent with the
budget recommended by the Director of Homeland Secu-
rity. In carrying out such responsibility, the Program As-
sociate Director shall notify the Director of Homeland Se-
curity and the Director of Office of Management and
Budget of any case in which the budget request for an
agency to the Office of Management and Budget is not
consistent with the recommended budget of the Director
104
of Homeland Security for such agency. In any such case,
the head of the agency, the Program Associate Director,
and the Director of Homeland Security shall seek to agree
on an appropriate budget that meets homeland security
requirements.
(2) In the event that no agreement can be reached
under paragraph (1) for an agency, the Director of Home-
land Security and the Director of the Office of Manage-
ment and Budget shall resolve the funding level for the
agency to bring it into compliance with the Office of
Homeland Security Budget. The head of the agency or
the Director of Homeland Security may appeal such reso-
lution to the President.
SEC. 703. FISCAL YEAR 2003 BUDGET.
The Director of Homeland Security shall be involved,
to the maximum extent practicable, in the formulation of
the President’s budget request to Congress for fiscal year
2003 in order to ensure an adequate budget for homeland
security. Not later than the date that is 30 days after the
date of the submission of such request, the Director of
Homeland Security shall submit a report to Congress that
identifies any budgetary shortfalls with respect to an agen-
cy budget for the purposes of homeland security.
Æ