[Pages H8441-H8551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002

The SPEAKER pro tempore. Pursuant to House Resolution 296 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 3338.
The Chair designates the gentleman from Michigan (Mr. Camp) as
chairman of the Committee of the Whole, and requests the gentleman from
California (Mr. Dreier) to assume the chair temporarily.

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In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 3338)

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making appropriations for the Department of Defense for the fiscal year
ending September 30, 2002, and for other purposes, with Mr. Dreier
(Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from California (Mr. Lewis) and the
gentleman from Pennsylvania (Mr. Murtha) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Lewis).
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, I am prepared to yield my time so we can
get this bill moving. People have been waiting so long. So I am
prepared to yield back whenever my colleague is ready, Mr. Chairman.
Mr. LEWIS of California. Mr. Chairman, the gentleman from
Pennsylvania is yielding back his time and he wants me to follow that
course so we can save some time here today?
Mr. MURTHA. Mr. Chairman, yes.
Mr. LEWIS of California. Mr. Chairman, does the gentleman from
Pennsylvania (Mr. Murtha) realize I have at least a half hour
presentation here?
Mr. Chairman, I am happy to yield such time as he might consume to
the gentleman from Florida (Mr. Young), the chairman of the committee.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman from
California (Mr. Lewis) for yielding me the time. He will discuss the
main part of this bill, which is the $317 billion defense package that
he and the gentleman from Pennsylvania (Mr. Murtha), the ranking
member, have provided for the Committee on Appropriations.
After he does that, I will briefly discuss the $20 billion
supplemental that we added in the full committee to explain exactly
what the President had requested and what the committee is recommending
relative to that $20 billion.
So with that explanation, I will let the gentleman from California
(Mr. Lewis) proceed with his bill, and I will take up the $20 billion
supplemental. At this point, Mr. Chairman, I would also like to insert
a table providing detail on the $20 billion supplemental.

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Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I
may consume.
I always appreciate hearing from the chairman of the full committee.
Mr. Chairman, the bill before us provides the funding for national
defense for the fiscal year 2002. The base bill, which is the
fundamental consideration today, involves some $317 billion for
national security; and, Mr. Chairman, I would like the entire body to
know that this bill was prepared and we were taking it to the committee
on the very day of the tragedy that occurred in New York.
All of us watched with horror as that first plane hit that first
tower and then in amazement, fear, and anger as we watched the second
plane and the subsequent results.
Over these several weeks, the Nation has reacted in a fashion that
all of us have watched with great interest, for indeed America had been
attacked; and for the first time since World War II, more Americans
were killed by a foreign agent in a single event than had been killed
in our history.
As we observed that scene, America first responded in fear, responded
in anger and in frustration; and over these weeks and months now, we
watched as our public has come together in a kind of unified response
that says directly to the Congress, we expect you to help America be
ready to deal with this war on terrorism that the President is so ably
leading us to wage at this moment.
Subsequent to this bill, the base bill of $317 billion, as the
gentleman from Florida (Mr. Young) suggested, there is a supplemental
appropriations that affects defense that is slightly in excess of some
$20 billion. We do not know, we cannot be sure, this may be but only
the beginning, for the war on terrorism could indeed go beyond months,
into years; but there is little question about our public's commitment.
We will carry forward this war against terrorism, and we will win this
war.
Mr. Chairman, at this point I would like to insert into the Record a
summary of the provisions of Division A of this bill, that is, the
Defense Appropriations bill.

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Mr. Chairman, I reserve the balance of my time.
Ms. HARMAN. Mr. Chairman, I support this bill, but believe we have
missed an unprecedented opportunity to transform the United States
military.
The attacks of September 11 and the threat of anthrax across the
country have shown that threats to U.S. security no longer come just
from tanks and bombs. The war in Afghanistan demonstrates that the
military increasingly relies on information superiority, long-range
power projection, stealth technology, and precision-guided munitions.
It is time to invest more in a defense for the 21st century, and to
move away from unneeded bureaucracy and outmoded platforms.
We must transform our military into a more flexible, multi-functional
force. We need technologies for intelligence gathering, more robust use
of uninhabited vehicles and long-range platforms.
President Bush promised in his campaign to skip ahead to the next
generation of military technology. Where is the transformation? The
Quadrennial Defense Review talked grandly about progress but put its
money into funding the status quo.
It was as true before September 11 as it is now that enemies will use
asymmetric means to exploit American vulnerabilities and use terror to
inflict both psychological and physical damage.
Our defense must reflect the revolution in military affairs--in
weapons systems, in bureaucratic organization, and in military
infrastructure. We must improve the ``tooth-to-tail'' ratio of fighting
capability to support structure.
Most importantly, defense spending on specific weapons or strategies
should be proportional to the likelihood and seriousness of the
threats.
Mr. Speaker, we all know that resources are limited. We risk buying
less defense for more money if we buy the wrong things.
Now that the public is tuned in and the stakes are higher than any
point in our history, we fail to act at our own peril.
Mr. STENHOLM. Mr. Chairman, the approach that we are taking to
financing the war on terrorism is penny wise and pound foolish.
Everyone acknowledges that meeting all of our challenges in the war on
terrorism will require substantially more resources than this bill
provides. In fact, the President's chief of homeland security has said
that he will recommend significant increases in funding for agencies
involved in the war on terrorism. Yet today we are being asked to
pretend that those costs do not exist so that we can make the budget
look better artificially.
Deferring a full discussion on the costs of combating terrorism at
home and abroad until next year will result in higher spending levels
and budget deficits than would be the case if we honestly accounted for
these costs up front. Failing to honestly budget for the costs of the
war on terrorism will allow us to pretend that we can afford other tax
cuts or spending proposals that are unrelated to the war on terrorism.
When we are presented with the inevitable supplemental early next year
to finance the needs not addressed in this bill--which will in all
likelihood have a higher price tag than it would if we addressed those
needs now--we will find that we need to use borrowed money to pay for
the war because we have spent all of our resources.
Our objective must be winning the war against terrorism without
jeopardizing the economy. Congress will be required to prioritize our
efforts to strengthen domestic security, fight the war on terrorism,
provide assistance to dislocated workers and spur our economy. These
needs will then have to be balanced with our obligation to protect
against long-term economic and fiscal harm.
Congress and the administration must work together to identify the
needs of the various agencies involved in domestic security, law
enforcement, intelligence, military and other activities in the fight
against terrorism and reach a bipartisan agreement on the amount of
funding required to meet these needs. Any tax cuts or spending
increases unrelated to the war on terrorism must be considered in the
context of an overall budget framework which sets aside the resources
which will be needed to meet the challenges in the war against
terrorism.
All members who care about honesty in budgeting and maintaining
fiscal discipline should oppose this rule and insist that the
administration and leadership in Congress get together to develop a
responsible budget framework that honestly addresses all of our
priorities.
Mr. NUSSLE. Mr. Chairman, I rise to speak on H.R. 3338, providing
appropriations for the Department of Defense. This bill does not
currently comply with the fiscal year 2002 budget resolution, but is
generally consistent with legislation recently marked up by the Budget
Committee in the wake of the terrorist attacks of September 11.
H.R. 3338 is actually comprised of two bills: Division A of the bill
provides appropriations for the Department of Defense. Division B
provides for the obligation of $20 billion in emergency-designation
appropriations that was previously appropriated as part of a
supplemental appropriations measure in September.
Division A of the bill provides $317.2 billion in new discretionary
budget authority and $308.9 billion in outlays for the Department of
Defense for fiscal year 2002. This appropriation comes on top of
approximately $21 billion that was made available to the Department of
Defense in response to the terrorist attacks.
In order to fully accommodate the defense levels in this bill, I am
adjusting the 302(a) allocation to the Committee on Appropriations by
$17.3 billion in budget authority and $14.9 billion in outlays. Section
218 of H. Con. Res. 83 authorized the Budget Committee to increase the
appropriate levels in the President's budget to accommodate any
structural reforms the President might propose as part of the national
defense review.
Once the Appropriations Committee makes the necessary changes in its
302(b) allocations, the bill would still exceed the applicable 302(b)
allocation. This is mostly because the bill implicitly assumes an
additional $3.4 billion for nondefense priorities than the Congress
initially agreed to as part of the budget resolution (H. Con. Res. 83).
You might recall that last month the Office of Management and Budget
announced an agreement with the appropriations committees to increase
total discretionary spending by $3.4 billion. This was apparently the
price of getting an agreement with the new Senate majority.
While many members of the Budget Committee believed that the
discretionary allocation established pursuant to the budget resolution
provided an adequate increase for nondefense priorities, we recognized
the need for flexibility if the Congress was to maintain the bipartisan
comity necessary to wage a successful war against terrorism.
In that spirit, the Budget Committee passed H.R. 3084, which revised
both the applicable levels in the budget resolution and the statutory
caps of accommodate the national defense review, but an additional $3.4
billion for various nondefense priorities. While I had hoped to bring
this bill to the floor before the defense appropriations, it now
appears that this language will be incorporated into one or more of the
appropriations conference reports.
At the end of the day, I am confident that this bill will be
consistent with the budget resolution as modified by H.R. 3083 to
reflect our new priorities in the wake of an economic downturn and the
terrorist attacks of September 11.
Division B of the bill essentially permits the obligation of half of
the $40 billion that was previously appropriated in response to the
terrorist attacks in September. As you may recall, the supplemental
expressly prohibited the Congress from obligating half of the total
appropriation until a subsequent appropriations bill is enacted.
Since the previous supplemental designated the entire amount as an
emergency, I am required to adjust the levels in the budget resolution
by the entire amount. Accordingly, this part of the bill will not
exceed the applicable levels in the budget resolution.
Like most of you, I am fully committed to provide whatever resources
are needed to wage a successful war against terrorism. However, we
would be well advised to hold off on the next installment until the
executive agencies have the opportunity to absorb what is already in
the pipeline. I am informed that as much as $14 billion of the $40
billion that was provided in September remains unobligated. As we have
proven before, Congress will act expeditiously to respond to the
terrorist acts and to fight this war.
In conclusion, this bill may be a necessary response to terrorist
attacks no one could have foreseen and an unprecedented midsession
change in control of the Senate. At times such as this, budget concerns
should not be paramount. We should set aside partisan and institutional
concerns for the greater public good.
Nevertheless, both the President and the Congress will soon be
confronted with the economic and budgetary fallout of its actions this
fall. Over the course of only four months we have now seen the fiscal
year 2002 surplus fall from $176 billion to zero. It could get even
worse if the economy further deteriorates or we continue to enact bills
that exceed the levels established in the budget resolution. We are all
going to have to continue to work together next year if we are to get
the Federal Government back on a path toward fiscal responsibility.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise today in support of H.R.
3338, the fiscal year 2002 Defense Appropriations bill. As a member of
this subcommittee, let me first thank our Chairman Jerry Lewis and our
ranking member, Congressman Murtha, as well as the staff for all their
hard work in crafting the bill we are considering today.

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Our subcommittee was first scheduled to begin work on this bill on
the morning of September 11 at the very hour that terrorists attacked
our country, killing thousands of our fellow Americans and forever
changing the course of our Nation's history.
America is now at war and our young men and women in the military
have been called on to defend our citizens and our Nation. The course
of our Nation's history will not be written by the terrorists but by
the bravery and success of our troops now serving on the frontlines of
this war against terrorism. And our history will be written, in part,
by the actions we take here today.
Today, there is no more important task before this Congress than to
provide our military with the tools and resources they need to defend
our citizens and fight for our freedom. Our military needs to know that
this Congress not only supports their mission in theory but in
substance; that we are prepared to take all the necessary steps and
provide all the necessary means for their safety and their success in
battle. With this bill, we provide those critical resources. And let us
not forget that even before the events of September 11, our troops have
been and continue to serve on frontlines around the globe including in
the Balkans, South Korea, the Persian Gulf, and elsewhere--24 hours a
day and throughout the year.
This subcommittee has worked in a bipartisan way to meet the
immediate needs of our troops and their families, to keep our military
at the ready, and to invest in all the many, diverse capabilities we
need to protect our citizens from all potential threats.
In recent years, this subcommittee has fought attempts to cut funding
for our military. Even as the missions of our military increased,
there were those who argued that increased military spending was no
longer a priority. And there have always been those who charged that we
were shortchanging our domestic priorities to pay for our military
needs. We know today that there is no more vital domestic priority than
our nation's security.

As our troops and military fight in Afghanistan, it is clear that our
investments of the past are paying dividends today. Whether Air Force,
Army, Marines or Navy, these warriors are more professional, better
trained and equipped because of our committee's longstanding commitment
to meet their needs.
Let me discuss just some of those investments we provide for in this
bill. Overall, we provide $317.5 billion for the Department of Defense
and with those dollars, we do the following:
First and foremost, we give our troops better pay.
We add much needed dollars for troop readiness, training, supplies,
and mobility that allow our Commander in Chief to send our Armed Forces
into battle anywhere and at a moment's notice.
We add $153 million for our National Guard and reserves, so many of
whom have now been called to duty.
We provide for modernizing major weapon systems that allow us to
better combat our enemies in the air, on the ground and at sea.
We continue to provide over $47 billion for critical long-term
investments in research and development so we have the most lethal and
effective weapons now and in the future.
We add significant resources to strengthen classified intelligence
programs, and accelerate and enhance U.S. military intelligence,
surveillance and reconnaissance capabilities.
And we add a new title and $11.7 billion for our homeland defense
against chemical, biological and nuclear threats against our citizens.
The commitments we make in this bill do not meet every need. As more
will be required of our troops, more will be required of this Congress.
Mr. Chairman, as those of us who have served in the military know
only too well, wars are fought by the young. We know, too, that freedom
never has, nor will it be this time, free. Liberty is paid for by the
sacrifices of those who serve. At no time in our nation's history has
their sacrifice and service been more important to the defense of our
country and the security of our future.
Mr. Chairman, I urge my colleagues to pass the fiscal year 2002
Defense Appropriations bill and to do so unanimously.
Mr. DICKS. Mr. Chairman, I congratulate Chairman Lewis and Ranking
Member Murtha on this bill. It is a fine piece of work and they can be
proud.
The bill provides $317 billion for DOD, an increase of $20 billion
over last year's bill, a step in the right direction.
It is the right direction, but we have not done nearly enough. DOD
still has over $25 billion in unfunded requirements for Personnel, O&M
and Research, and beyond that over $20 billion in unfunded requirements
for procurement alone.
I am most troubled by the shortfalls in procurement because the
President's request for procurement this was lower than it was in the
last year of the Clinton Administration. The committee has taken some
steps to correct that, but the President must make a commitment to
increase the procurement budget if we are really going to make progress
on this problem.
Several important steps are taken in this bill to modernize the force
structure of the services in innovative ways.
I am pleased that the committee included $454 million to help the Air
Force begin acquiring next generation replacements for its tanker fleet
and to add to its JSTARS fleet. The current tanker fleet averages over
40 years in age, and yet it is the backbone of our ability as a
superpower to project force to places like Afghanistan. The Air Force
desperately needs to replace these aircraft and this bill begins that
process. I am hopeful that at the appropriate time we will also
consider whether the Air Force can lease these aircraft in a commercial
type arrangement. The funding also begins development of a Multi-
Mission Command and Control Aircraft, which will operationalize the
Common Widebody concept and streamline the fleet of command and control
and intelligence, surveillance, and reconnaissance aircraft.

I am strongly encouraged that the committee included $80 million to
continue upgrades to the B-2 bomber. We are continuing the Link 16
Datalink program, we will complete the integration of the EGBU-28
bunker buster bomb, and we will continue to upgrade the EHF Satcom
program. All of these programs are part of the Air Force's unfunded
requirements list and continue ongoing programs that are urgently
needed.
The committee has also made a decision which makes tremendous
military and financial sense, to convert all four retiring Trident
submarines into SSGN cruise missile platforms. These ships will provide
incredible capability to the nation, and the committee's addition of
$463 million will allow the Navy to perform these conversions in the
most cost effective way possible.
I am also pleased to note that the committee included an additional
$181 million to begin a second C-17 multi-year procurement for another
60 aircraft.
Future military commanders and future generations of Americans will
look back on these decisions in several years and applaud the
committee's foresight. These assets will ensure that America can
continue to fight for just causes with the same excellence as the
military which is in Afghanistan today.
Mr. BEREUTER. Mr. Chairman, this Member rises in strong support for
H.R. 3338, the Defense appropriations bill for FY2002. This Member
would like to offer particular thanks to the chairman of the
Subcommittee on Department of Defense Appropriations, the distinguished
gentleman from California (Mr. Lewis), and the ranking minority member
on the Subcommittee on Department of Defense Appropriations, the
distinguished gentleman from Pennsylvania (Mr. Murtha), for their work
on this important bill.
Additionally, this Member is pleased to thank the Committee on
Appropriations for including $3.8 million in fiscal year 2002 for the
Air National Guard's Project ALERT. Currently, Project ALERT serves as
an on-line training tool developed and used by the Nebraska National
Guard in collaboration with the Department of Defense, the National
Guard Bureau, the University of Nebraska, and Nebraska Educational
Television. The $3.8 million appropriated in H.R. 3338 will assist with
the completion of the initial development and implementation phases.
Indeed, the implications of Project ALERT extend nationwide and to
components of both the active and reserve military forces. Allowing
military forces to complete some training courses on their own time, as
Project ALERT does, provides an opportunity to cut on-site training
costs and time and to maximize exercise time. For the U.S. military to
meet the challenges it will face during the current war on terrorism
and throughout the 21st century, it is crucial that Congress invest in
innovative and flexible training tools such as Project ALERT.
In closing, Mr. Chairman, this Member urges his colleagues to support
H.R. 3338.
Mr. BLUMENAUER. Mr. Chairman, our annual defense authorization and
appropriations bills provide opportunity to respond to changing global
security conditions. Our military is the best-equipped and best-trained
by far in the world, spending more than the next 15 countries combined
(and 12 of those are our close allies). We need a new beginning now
more than ever.
Today, we need to begin anew to guarantee our security from the
threats of today and tomorrow as well as to protect the wellbeing of
fighting forces and their families.
Ever since I have been in Congress, we have been making noises about
restructuring our forces to meet tomorrow's threat. Making compromises
leaves us vulnerable. We are not making the hard choices on a number of
crucial issues such as dealing with excess base infrastructure, facing
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cleanup costs, and rendering decisions about weapons systems that do
not fit today's world. I cannot support a bill that does not make those
hard choices.
I do appreciate the hard work of the committee and the importance of
the task. Yet, this is not the time for us to continue with a patchwork
approach to our defense needs that looks to our past and not to the
real threat for the future. The most perplexing expenditure in this
bill is for national missile defense. September 11 demonstrated that we
have more immediate security threats to the United States than a
missile from a rogue state ten years from now.
The anthrax attack which paralyzed Washington, DC, together with the
terrorist attacks on the World Trade Center and the Pentagon,
demonstrated that we have threats here and now that demand attention
and demand resources. Spending perhaps a hundred billion dollars or
more on unproven technology for the vague future threat of
intercontinental ballistic missiles when we have more immediate
concerns is not an appropriate response. The fact that it would have a
potential destabilizing effect on other countries at precisely the time
when we want them to coalesce around our leadership is even more reason
to reject this approach. Increasing spending on missile defense by
almost 50 percent over last year is not reasonable.
There are other examples of current weapons systems which are just as
bad if not so expensive. The Army plans to spend over $10 billion to
field its lightweight force of the future that can go anywhere in the
world in under 100 hours. At the same time, it is moving full speed
ahead with the $13 billion Crusader mobile howitzer that is too heavy
for even the largest planes in our arsenal to lift. My concern was best
expressed by a Bush policy adviser quoted in U.S. News and World Report
this summer. ``Why would you buy the same artillery pieces that
Napoleon would understand? It's all Industrial Age equipment.''
There are at least eight big-ticket weapons systems in this bill for
which spending far exceeds levels requested by the White House--by
almost a billion dollars. When Vice-President Dick Cheney was Secretary
of Defense, he tried but failed to kill the V-22 Osprey aircraft
program. It has been involved with 30 fatalities in four crashes;
nonetheless appropriators earmarked $1.8 billion to buy 11 more of
these questionable aircraft.
The most obvious yet controversial example where we spend money
fighting wars of the previous generation is the number of military
bases that, in some cases, are left over from World War I and World War
II. To right-size the U.S. military by undertaking another round of the
base closing process will help us to adequately prepare ourselves to
face the challenges of today.
Our budget process needs to follow through on some of the stated
intentions of Secretary Rumsfeld. The Quadrennial Defense Review was
released in early October, yet a general who had worked on it for six
months said it was rendered irrelevant by the September 11 attack. No
major weapons systems were cut nor were there any force structure
changes. The 2-Major Regional Contingency (MRC) strategy (to fight two
major wars simultaneously) remains in place with only minor tweaking.
We have yet to implement the prior QDR call to reduce force structure
and equipment, for example reducing the number of F-22s purchased. The
1997 QDR made more substantive changes than this one, even though the
world was more stable.
John Isaacs, president of the arms control organization Council for a
Livable World, was right when he said, ``Review after review has been
completed without taking a hard look at new weapons systems. It's full
steam ahead with the status quo. Congress is only encouraging this
behavior by approving huge increases in military spending. We could
easily approach $400 billion in military spending and rival the peak
cold-war budgets of the Reagan administration.''
It is important to bear in mind that for FY02, so far we have
allocated a total of $363 billion for the Department of Defense. That
includes the $318 billion in this defense appropriations bill, as well
as the military spending in the military construction and energy and
water appropriations bills, and the $21 billion for the defense portion
of the $40 billion post-September 11 supplemental. This is a 15 percent
increase over the $316 billion spent in FY01. For reference, the
consumer price index rose 2.6 percent last year. In addition, it is
highly likely that we will consider at least one other supplemental in
2002.
We all should be concerned that the management of these large sums of
money may not receive the priority it deserves. According to an audit
by the DOD inspector general dated September 19: ``Of the $4.4 trillion
in department-level accounting entries . . . $1.1 trillion were
unsupported or improper.'' In FY98, 2,993 parts requisitioned by the
military services had a price growth of 1,000 percent or more,
according to the General Accounting Office. In one case, the unit price
for a ball bearing jumped from 4 cents in 1997 to $11.25 in 1998. In
another case, the price of an aircraft filter went from $41.96 to
$972.71 during the same period.
One critical function that is seriously underfunded is cleaning up
our military's toxic legacy. This bill includes a line item for the
very first time for research and development on unexploded ordnance,
the 10-15 percent of the bombs and shells that did not detonate as
intended. However, we are not addressing it seriously. We are spending
only $17.3 million (a small increase of $2-5 million) when we are
spending a total of a billion dollars a day on our military.
This is a glimmer of a better future, but this bill overall is
basically an environmental retreat. It contains an 18 percent reduction
from last year's level for all environmental restoration at formerly
used defense sites for a total of $190 million. In the critical area of
cleaning up unexploded ordnance and other environmental restoration at
formerly used defense sites, this budget falls far short. Even if, as
we hope, the Senate Appropriations Committee restores the funding to
last year's level, that is insufficient. A General Accounting Office
report earlier this year states that DOD's own estimates put the cost
of cleaning up UXO alone at these sites at over $100 billion, but
experts expect the bill to be much greater. We have as much as 50
million acres that is potentially contaminated with UXO. Our failure to
fund cleanup of these formerly used defense sites is unacceptable.
There are other ways that this bill fails to meet the critical need
for environmental cleanup. It has only been in recent decades that our
military has had to face the enormous expense and political challenge
of becoming ``greener.'' Local communities are asking why military
units should be exempt from Federal laws like the Clean Water Act. The
Maine-based Military Toxics Project recently reported that military
exemptions from laws and lax enforcement by regulatory agencies have
produced over 27,000 toxic hot spots on 8,500 military properties.
Minority and Native American groups, which often live closest to
military facilities, see the issue as one of environmental justice.
The Legacy Program assists the Department of Defense (DOD) in
maintaining biological diversity, and the sustainable use of land and
water resources for military mission and other uses. As part of DOD's
efforts to maintain biodiversity, the Legacy Program has directly
supported natural resource projects around the country. The natural
resource funding levels in this bill before us today were reduced from
previous funding levels and will restrict the Legacy Program's ability
to continue protecting our nation's natural resources.
What is particularly disappointing is that our commitment to be a
good neighbor is absolutely essential in order to be able to have the
public support and confidence to do what the military needs to do. Our
military needs to have areas where it can train and in some cases, use
live ammunition. The extent to which the public can't rely on safe
cleanup and disposal will cause it to be less interested in having
these practices continue where they are or to be located elsewhere.
DOD is faced with cleaning up the contamination from decaying
ordnance, mothballed warships, fuels, solvents, and other pollutants
left over from the wars of the 20th century and before. This costs
money and must be a priority.
There is a recognition that the United States continues to have more
military base infrastructure than it needs but faces political and
community resistance regarding base closures. The problem goes beyond
just the economic loss suffered from base realignment and closure.
Those areas that are abandoned by the military often cannot be easily
converted to other productive uses. Witness the continuing saga of
facilities around the country like Fort Ord ten years after it was
closed.
The failure of the United States Department of Defense to be able to
respond meaningfully and to quickly clean up former bases, restore them
to a safe condition, and then turn them over to the community without a
cloud of uncertainty means yet another reason for communities to resist
base closure. They don't trust us. The evidence suggests they have good
reason to be suspicious. Adequate funding for remediation and cleanup
of toxic and dangerous wastes will not only hasten this land's
restoration to productive use; it will also raise confidence so that
we'll have positive examples that base closure does not need to be
devastating to communities, and that, in fact, it can be a positive
development. The failure of this budget of a billion dollars a day to
make additional progress, whether for environmental protection or
capacity to fight terrorist activity, is unacceptable.
It is unacceptable that we have an 18 percent decrease in funding to
pay for cleanup of places like the area around American University
where residents are still at risk caused by hazards left over from
World War I, while at

[[Page H8456]]

the same time we are increasing overall spending for our military by 15
percent and increasing missile defense spending by 50 percent. Those
are misplaced priorities, in my view.
We must begin now to finally shift from cold-war spending and World
War II bases. It is time for a new era to meet our needs for future
defense. Until we have a bill that makes this transition, I must
withhold my support.
Mr. WATTS of Oklahoma. Mr. Chairman, I am pleased that this body is
taking up the fiscal year 2002 Defense appropriations bill today. As
our courageous military servicemen ``fight the good fight'' in Central
Asia today, there is hardly a more pressing time for the passage of
this bill. The amount of $317.5 billion, $19 billion over last year's
level, is an important first step in both waging the war on terrorism
and addressing readiness shortfalls that have been years in the making.
Especially important in this bill is the $1.7 billion addition we
added for a ``rapid-response capability'' for the war against
terrorism. I also applaud the Appropriations Committee for providing
for $7.9 billion for ballistic missile defense, an increase of $2.7
billion over last year. Combating weapons of mass destruction could
never be more important than it is today.
Mr. Chairman, I am also pleased to inform my constituents of military
construction projects previously passed totaling more than $52 million
to be located in Oklahoma's Fourth District. Military installations in
my congressional district are on the front lines of the war against
terrorism, and this bill helps address some of the more urgent needs at
these facilities.
Mr. Chairman, in short, this bill is about increased security, about
advancing our national interest, and about protecting ourselves from an
asymmetric threat. This body has correctly taken the lead on the
threats we face today.
Ms. BROWN of Florida. Mr. Chairman, thank you to Chairman Lewis and
Mr. Murtha for your hard work on this bill. As we discuss ways in which
this House will support this nation's defenses, I feel there is no
better time to thank the brave men and women who are presently risking
their lives in Operation Infinite Justice. With their help we will
continue to root out and destroy the terrorist networks that threaten
peaceful nations throughout the world.
I want to commend the committee for not including in this bill any
BRAC language, which would have closed military bases at a time when we
all can agree that we need a strong military. Now is not the time to
close training facilities for our military. It is a long and tough road
ahead for us as we rid the world of those terrorist elements who wish
to do us harm. We must be fully prepared to meet those challenges and
that means using the resources that we have, not stripping our military
of vital bases.
The tragedy of September 11 has given American an opportunity to do
some soul searching. As we struggle for answers, we must not let our
resolve grow weaker. We must always remember this tragedy--the enormous
pain and suffering it has caused--and work to make our nation and this
world a safer and more peaceful place.
Again, my heart and prayers are with the family and friends of those
who perished on September 11. Neither you, nor your loved ones, will be
forgotten. As we consider this bill today, it is with you in mind. God
bless you and God bless America.
Mr. BENTSEN. Mr. Chairman, I rise in support of H.R. 3338, important
legislation that provides $317.5 billion appropriations to the
Department of Defense (DOD), supporting the honorable men and women, at
home and abroad that are in service to the nation at this critical
time. While I am pleased that this measure provides $20 billion in
supplemental spending to meet the pressing needs in the wake of the
terrorist attacks of September 11, 2001, I am disappointed with the
House Rules Committee's decision to block an amendment by Mr. Obey of
Wisconsin that seeks to enhance our domestic preparedness by increasing
funding by $7.5 billion, to a level that the President said he would
approve.
Mr. Chairman, the attacks and the anthrax incidents that followed
highlight the necessity for adopting a comprehensive approach to
homeland security that, while fundamentally based on our military
strength and intelligence activities also relies heavily on
bioterrorism preparedness among Federal, state and local law
enforcement and public health officials, as well as active policing of
our borders and the seas that surround us. For this reason, I strongly
believe that the House should have been given the opportunity to debate
the merits of the Obey amendment. While there may be instances where
post-September 11 spending requests made to the Appropriations
Committee are simply repackaged proposals that have been repeatedly
rejected, there are a number of areas where the urgent need for
increased funding cannot be ignored.
Specifically, as the representative for the Port of Houston, the
nation's second largest port, I have met twice with the U.S. Coast
Guard and learned about the new challenges involved in securing the
Port of Houston in the wake of September 11. We now know that our
transportation infrastructure has been targeted by the al Qaeda
terrorist network, and the bombing of the U.S.S. Cole in October 2000
proves that they are capable of carrying out maritime attacks. I
strongly believe that the $368 million increase in Coast Guard funding,
as provided under the Obey amendment, is essential to ensuring that the
Coast Guard can continue to provide enhanced security in our waterways
and seaports. H.R. 3338 provides only $145 million for the Coast Guard,
well below the President's $203 million request.
Moreover, Mr. Chairman, I regret that the House will not be allowed
to provide enhanced support of state and local health departments and
hospitals in their efforts to protect against bioterrorism, as provided
under the Obey amendment. The Obey amendment would have raised funding
to state and local public health entities to $700 million, $277 million
more than provided for under H.R. 3338. Mr. Chairman, though the effort
to identify and treat incidents of biological terrorism put forth by
the public health community since September 11 is to be commended, a
lot more needs to be done. It is critical that the House appreciate
that state and local health departments, the first line of defense
against bioterrorism, cannot bear the financial burden of meeting this
challenge alone.

I would also note that the Obey amendment would address the new
realities in our mail system. Recent events have created an environment
where the confidence of the American people about the safety of their
mail service has been drawn into question. The Obey amendment would
have given the U.S. Postal Service an additional $500 million to
enhance the safety of our mail.
Mr. Chairman, though I take strong issue with the limitations on the
debate of H.R. 3338 is terribly flawed and believe that the Obey
amendment would have greatly enhanced our homeland defense efforts, I
will still vote for the underlying bill. I believe that H.R. 3338
provides our Armed Forces with the tools and resources necessary to
wage the war against terrorism and provide a strong defense.
Additionally, I am pleased that H.R. 3338 includes funding for three
important programs which I support.
H.R. 3338 includes $8 million for the Disease Relief and Emergency
Medical Services (DREAMS) programs, an innovative research program to
develop cutting-edge technology to save lives and reduce costs for
injured persons. DREAMS is a joint project between the University of
Texas Houston Health Science Center and Texas A&M University System.
The goal of DREAMS is to quickly transmit medical information via
audio-visual devices from a remote location to an emergency physician
to provide cutting-edge treatments for patients. This $8 million is the
final installment in our five-year effort to provide better treatments
and save lives.
H.R. 3338 also includes $6 million for the Biology, Education,
Screening, Chemoprevention, and Treatment (BESCT) Lung Cancer Research
Program at the University of Texas M.D. Anderson Cancer Center which I
represent. The comprehensive BESCT program will provide lung cancer
patients with numerous services including smoking cessation, early
diagnosis, inhibition of cancer development, and new treatments for
lung cancer patients. Lung cancer is the leading cause of cancer death
in the United States, killing more than 160,000 individuals a year. The
current five-year survival rate for lung cancer is less than 15
percent. With more research, we will find new ways to diagnosis and
treat this devastating disease. This $6 million represents the third
installment on our five-year effort to reduce lung cancer and save
lives.
H.R. 3338 also includes $1 million for the Memorial Hermann
Telemedicine network. Memorial Hermann Hospital at the Texas Medical
Center in my district is developing a telemedicine network to provide
treatments for patients from distant locations. Telemedicine
applications have been shown to save lives and reduce health care costs
by reducing the need for patients to travel to large medical facilities
for routine treatments which can be done from remote locations. The
Memorial Hermann Healthcare System (MHHS) currently serves 16 rural
community hospitals in surrounding areas around the Memorial Hermann
Hospital. This network will enable Memorial Hermann to offer diagnostic
and consultative services to rural communities surrounding Houston.
This $1 million investment will help MHHS to expand and buy additional
equipment for this network so that MHHS can develop real-time
treatments for remote locations. As part of the Department of Defense's
biological warfare initiative, I believe that this telemedicine network
will be designed to prepare the Houston area for such an attack. I
believe that this partnership will give the Department of Defense
another resource as it works to care for the health of our men and
women in uniform.

[[Page H8457]]

Mr. Chairman, additionally, I would like to commend the
Appropriations Committee for producing a bill that funds the Operations
and Maintenance (O&M) accounts or the budget's ``readiness'' account at
$105 billion, a level adequate to operate and maintain U.S. forces,
materials and facilities worldwide in upcoming fiscal year. This
funding level represents an 8 percent increase over the current level
or an increase of current level. I am pleased that the salaries of
uniformed members of the U.S. armed services will be increased by 4.6
percent. Mr. Chairman, many of us in Congress are greatly troubled that
many military families must obtain food stamps to get by. At times such
as these, when we ask so much of our service members and their
families, it is critical that the Congress send the message that we
value their dedication to protecting us all and is committed to
ensuring that they have the tools to provide for their families. I am
disappointed that H.R. 3338 fails to create parity between civilian
employees at DOD and uniformed members of the Armed Services.
Finally, Mr. Chairman, I am pleased that H.R. 3338 looks out beyond
our present military needs and invests in the next generation of multi-
role fighter aircraft, the Joint Strike Fighter (JSF), to be produced
by Lockheed Martin, an aviation leader with a strong presence in my
State. H.R. 3338 provides $767 million in funding to Navy JSF
development budget and $780 million in funding to the Air Force JSF
development budget.
Mr. Chairman, notwithstanding my deep regrets over the Rules
Committee's actions, with respect to the Obey amendment, I urge my
colleagues to join me in supporting H.R. 3338 which funds our Armed
Forces and makes a substantial commitment to homeland defense at this
critical juncture in our nation's history.
Ms. BALDWIN. Mr. Chairman, I rise today in support of the Kucinich-
Lee amendments to the FY02 Defense appropriations bill and urge my
colleague to vote in favor of this excellent amendment.
Since the horrible events of September 11, Americans are more
concerned than ever about our national defense. They want to know that
our national leaders are working to ensure their safety from terrorist
attacks. Protecting American lives must be our top priority as we
address these new threats.
In this new context, it is critically important that we prioritize
funding for those threats most likely to endanger American lives. The
Kucinich-Lee amendment wisely allocates additional funding to respond
to weapons of mass destruction. It increases funding for Weapons of
Mass Destruction Civil Support Teams to ensure that every state and
territory can respond to a chemical or biological weapon attack. It
would also provide much needed funding for development and production
of vaccines against biological agents. Finally, the amendment provides
additional funding for the Nunn-Lugar counterproliferation programs to
prevent the spread of nuclear material from the former Soviet Union.
As we prioritize those threats that pose the greatest danger to
Americans and those solutions that are most cost effective, it becomes
quite clear that a National Missile Defense (NMD) system is not an
effective use of our resources. The Kucinich-Lee amendment would
eliminate some of the accelerated NMD programming, while leaving in
place a significant increase in NMD funding.
While I firmly believe that the entire proposed $7.9 billion in NMD
spending would be more effective if applied to other priorities, the
Kucinich-Lee cut of $786.5 million is a good start in using this money
more effectively. By cutting funding for construction of the ``Pacific
Test Bed'' ballistic missile defense facilities, we maintain our
compliance with the Antiballistic Missile (ABM) Treaty, which has been
the foundation for nuclear arms control.
I urge my colleague to adopt the Kucinich-Lee amendment.
Mr. MURTHA. Mr. Chairman, I yield back the balance of my time.
Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule and the amendment printed in House Report 107-
303 is adopted.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 3338

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, for military functions
administered by the Department of Defense, and for other
purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $23,336,884,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $19,574,184,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$7,343,640,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $19,784,614,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and for members of the Reserve Officers'
Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$2,629,197,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,644,823,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $466,800,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other

[[Page H8458]]

duty, and for members of the Air Reserve Officers' Training
Corps, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,055,160,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f ) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $4,004,335,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f ) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,777,654,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $10,794,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $21,021,944,000: Provided, That of the
funds made available under this heading, $1,000,000, to
remain available until expended, shall be transferred to
``National Park Service--Construction'' within 30 days of the
enactment of this Act, only for necessary infrastructure
repair improvements at Fort Baker, under the management of
the Golden Gate Recreation Area: Provided further, That of
the funds appropriated in this paragraph, not less than
$355,000,000 shall be made available only for conventional
ammunition care and maintenance.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $6,000,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$26,628,075,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $2,939,434,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,998,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $25,842,968,000: Provided, That
notwithstanding any other provision of law, that of the funds
available under this heading, $750,000 shall only be
available to the Secretary of the Air Force for a grant to
Florida Memorial College for the purpose of funding minority
aviation training.

Operation and Maintenance, Defense-Wide

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $12,122,590,000, of which not to exceed
$25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $33,500,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for
confidential military purposes: Provided, That
notwithstanding any other provision of law, of the funds
provided in this Act for Civil Military programs under this
heading, $750,000 shall be available for a grant for Outdoor
Odyssey, Roaring Run, Pennsylvania, to support the Youth
Development and Leadership program and Department of Defense
STARBASE program: Provided further, That of the funds made
available in this paragraph, $1,500,000 shall be available
only for continuation of the Middle East Regional Security
Issues program: Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary
of Defense, the office of the Secretary of a military
department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison
office.

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,788,546,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,003,690,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $144,023,000.

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $2,029,866,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $3,723,759,000.

Operation and Maintenance, Air National Guard

For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses
in non-Federal hospitals; maintenance, operation, repair, and
other necessary expenses of facilities for the training and
administration of the Air National Guard, including repair of
facilities, maintenance, operation, and modification of
aircraft; transportation of things, hire of passenger motor
vehicles; supplies, materials, and equipment, as authorized
by law for the Air National Guard; and expenses incident to
the maintenance and use of supplies, materials, and
equipment, including such as may be furnished from stocks
under the control of agencies of the Department of Defense;
travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief,
National Guard Bureau, $3,972,161,000.

Overseas Contingency Operations Transfer Fund

(including transfer of funds)

For expenses directly relating to Overseas Contingency
Operations by United States military forces, $2,744,226,000,
to remain available until expended: Provided, That the
Secretary of Defense may transfer these funds only to
military personnel accounts; operation and maintenance
accounts within this title; the Defense Health Program
appropriation; procurement accounts; research, development,
test and evaluation accounts; and to working capital funds:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided in this paragraph is in
addition to any other transfer authority contained elsewhere
in this Act.

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States
Court of Appeals for the

[[Page H8459]]

Armed Forces, $9,096,000, of which not to exceed $2,500 can
be used for official representation purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $389,800,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $257,517,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $385,437,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $23,492,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $190,255,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 2547, and 2551 of title 10, United States Code),
$49,700,000, to remain available until September 30, 2003.

Support for International Sporting Competitions, Defense

For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $15,800,000,
to remain available until expended.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,974,241,000, to remain available for obligation until
September 30, 2004.

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,057,409,000, to remain available for obligation until
September 30, 2004.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,252,669,000, to remain available for
obligation until September 30, 2004.

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,211,615,000, to remain available for obligation until
September 30, 2004.

Other Procurement, Army

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of not to exceed 29 passenger
motor vehicles for replacement only; and the purchase of 3
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor;
specialized equipment and training devices; expansion of
public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes,
$4,103,036,000, to remain available for obligation until
September 30, 2004.

Aircraft Procurement, Navy

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $8,084,543,000, to remain available
for obligation until September 30, 2004.

[[Page H8460]]

Weapons Procurement, Navy

For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$1,429,492,000, to remain available for obligation until
September 30, 2004.

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$492,599,000, to remain available for obligation until
September 30, 2004.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long leadtime
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $138,890,000;
SSGN (AP), $549,440,000;
Virginia Class Submarine, $1,578,914,000;
Virginia Class Submarine (AP), $684,288,000;
CVN Refueling Overhauls, $1,175,124,000;
CVN Refueling Overhauls (AP), $73,707,000;
Submarine Refueling Overhauls, $382,265,000;
Submarine Refueling Overhauls (AP), $77,750,000;
DDG-51, $3,786,036,000;
LPD-17 (AP), $286,330,000;
ADC(X), $370,818,000;
Outfitting, $297,230,000;
LCAC SLEP, $46,091,000;
Completion of Prior Year Ship Building Programs,
$680,000,000;
Mine Hunter SWATH, $2,000,000;
Yard Oilers, $6,000,000;
In all: $10,134,883,000, to remain available for obligation
until September 30, 2006: Provided, That additional
obligations may be incurred after September 30, 2006, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of not to
exceed 35 passenger motor vehicles for replacement only; and
the purchase of 2 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $230,000 per vehicle;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $4,290,776,000, to remain available
for obligation until September 30, 2004.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of not to exceed 25 passenger
motor vehicles for replacement only; and expansion of public
and private plants, including land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,028,662,000, to remain available for obligation until
September 30, 2004.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$10,549,798,000, to remain available for obligation until
September 30, 2004.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$2,918,118,000, to remain available for obligation until
September 30, 2004.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized by
section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$866,844,000, to remain available for obligation until
September 30, 2004.

Other Procurement, Air Force

For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of not to exceed 216 passenger motor
vehicles for replacement only; and the purchase of 3 vehicles
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to
exceed $230,000 per vehicle; lease of passenger motor
vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon, prior
to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $7,856,671,000, to remain
available for obligation until September 30, 2004.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of not to exceed 65 passenger
motor vehicles for replacement only; the purchase of 4
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, equipment, and installation
thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $1,387,283,000, to remain available for obligation
until September 30, 2004.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$50,000,000, to remain available until expended.

National Guard and Reserve Equipment

For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procurement
for the reserve components of the Armed Forces, $501,485,000,
to remain available for obligation until September 30, 2004:
Provided, That the Chiefs of the Reserve and National Guard
components shall, not later than 30 days after the enactment
of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective Reserve or National Guard component: Provided
further, That of the funds appropriated under this heading,

[[Page H8461]]

$131,176,000 shall be available only for the procurement of
eight UH-60 helicopters for the Army Reserve, and
$226,909,000 shall be available only for the procurement of
C-130J aircraft to be used solely for western states
firefighting.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $7,115,438,000, to remain available
for obligation until September 30, 2003.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,896,307,000, to remain
available for obligation until September 30, 2003.

Research, Development, Test and Evaluation, Air Force

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $14,884,058,000, to remain
available for obligation until September 30, 2003.

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $6,949,098,000, to
remain available for obligation until September 30, 2003.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $245,355,000, to remain available for obligation
until September 30, 2003.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,524,986,000:
Provided, That during fiscal year 2002, funds in the Defense
Working Capital Funds may be used for the purchase of not to
exceed 330 passenger carrying motor vehicles for replacement
only for the Defense Security Service.

National Defense Sealift Fund

For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $412,708,000, to remain available until
expended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components
unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard
services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the
obligation of previously appropriated funds shall not be
considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense, as
authorized by law, $18,277,403,000, of which $17,574,750,000
shall be for Operation and maintenance, of which not to
exceed 2 percent shall remain available until September 30,
2003; of which $267,915,000, to remain available for
obligation until September 30, 2004, shall be for
Procurement; of which $434,738,000, to remain available for
obligation until September 30, 2003, shall be for Research,
development, test and evaluation, and of which $20,000,000
shall be available for HIV prevention educational activities
undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted
in African nations.

Chemical Agents and Munitions Destruction, Army

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $1,093,057,000, of which $728,520,000 shall
be for Operation and maintenance to remain available until
September 30, 2003, $164,158,000 shall be for Procurement to
remain available until September 30, 2004, and $200,379,000
shall be for Research, development, test and evaluation to
remain available until September 30, 2003: Provided, That of
the funds available under this heading, $1,000,000 shall be
available until expended each year only for a Johnston Atoll
off-island leave program: Provided further, That the
Secretaries concerned shall, pursuant to uniform regulations,
prescribe travel and transportation allowances for travel by
participants in the off-island leave program.

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for Operation and
maintenance; for Procurement; and for Research, development,
test and evaluation, $827,381,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose
as the appropriation to which transferred: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere
in this Act.

Office of the Inspector General

For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $152,021,000, of which
$150,221,000 shall be for Operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on the Inspector General's certificate of necessity for
confidential military purposes; and of which $1,800,000 to
remain available until September 30, 2004, shall be for
Procurement.

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$212,000,000.

Intelligence Community Management Account

(including transfer of funds)

For necessary expenses of the Intelligence Community
Management Account, $144,929,000, of which $28,003,000 for
the Advanced Research and Development Committee shall remain
available until September 30, 2003: Provided, That of the
funds appropriated under this heading, $34,100,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of
the said amount, $1,500,000 for Procurement shall remain
available until September 30, 2004, and $1,000,000 for
Research, development, test and evaluation shall remain
available until September 30, 2003: Provided further, That
the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support
to law enforcement authorities to conduct document
exploitation of materials collected in Federal, State, and
local law enforcement activity.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund

For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$25,000,000, to remain available until expended.

National Security Education Trust Fund

For the purposes of title VIII of Public Law 102-183,
$8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until expended.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall

[[Page H8462]]

not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and
indirect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed
under the provisions of section 5332 of title 5, United
States Code, or at a rate in excess of the percentage
increase provided by the appropriate host nation to its own
employees, whichever is higher: Provided further, That this
section shall not apply to Department of Defense foreign
service national employees serving at United States
diplomatic missions whose pay is set by the Department of
State under the Foreign Service Act of 1980: Provided
further, That the limitations of this provision shall not
apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $2,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress.

(transfer of funds)

Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no
part of any appropriation contained in this Act shall be
available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
a C-17 multiyear procurement contract.
Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
to the Congress as of September 30 of each year: Provided,
That funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a
determination by the Secretary of the Army that such action
is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical
services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2002, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2003 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2003 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2003.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United
States, its territories, and the District of Columbia,
125,000 civilian workyears: Provided, That workyears shall be
applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in
this workyear limitation.
Sec. 8012. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member
of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active
components of the Army.
Sec. 8014. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after
the date of the enactment of this Act, is performed by more
than 10 Department of Defense civilian employees until a most
efficient and cost-effective organization analysis is
completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That
this section and subsections (a), (b), and (c) of 10 U.S.C.
2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included
on the procurement list established pursuant to section 2 of
the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be
converted to performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act;
or (3) is planned to be converted to performance by a
qualified firm under 51 percent ownership by an Indian tribe,
as defined in section 450b(e) of title 25, United States
Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.

(transfer of funds)

Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831

[[Page H8463]]

of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended,
under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or TRICARE shall be available
for the reimbursement of any health care provider for
inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facility
to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title
10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of
Defense because of medical or psychological circumstances of
the patient that are confirmed by a health professional who
is not a Federal employee after a review, pursuant to rules
prescribed by the Secretary, which takes into account the
appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of
that care.
Sec. 8018. Funds available in this Act may be used to
provide transportation for the next-of-kin of individuals who
have been prisoners of war or missing in action from the
Vietnam era to an annual meeting in the United States, under
such regulations as the Secretary of Defense may prescribe.
Sec. 8019. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may,
by executive agreement, establish with host nation
governments in NATO member states a separate account into
which such residual value amounts negotiated in the return of
United States military installations in NATO member states
may be deposited, in the currency of the host nation, in lieu
of direct monetary transfers to the United States Treasury:
Provided, That such credits may be utilized only for the
construction of facilities to support United States military
forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through
monetary transfers to such host nations: Provided further,
That the Department of Defense's budget submission for fiscal
year 2003 shall identify such sums anticipated in residual
value settlements, and identify such construction, real
property maintenance or base operating costs that shall be
funded by the host nation through such credits: Provided
further, That all military construction projects to be
executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, That each such
executive agreement with a NATO member host nation shall be
reported to the congressional defense committees, the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any
such agreement established under this provision.
Sec. 8020. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols.
Sec. 8021. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8022. In addition to the funds provided elsewhere in
this Act, $8,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a subcontractor
at any tier shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8023. During the current fiscal year, funds
appropriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of
Columbia may be used for the pay, allowances, and benefits of
an employee as defined by section 2105 of title 5, United
States Code, or an individual employed by the government of
the District of Columbia, permanent or temporary indefinite,
who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 10101 of title 10, United States
Code, or the National Guard, as described in section 101 of
title 32, United States Code;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities
in the protection or saving of life or property or prevention
of injury--
(A) Federal service under sections 331, 332, 333, or 12406
of title 10, United States Code, or other provision of law,
as applicable; or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to
the provisions of sections 5519 and 6323(b) of title 5,
United States Code, if such employee is otherwise entitled to
such annual leave:

Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2) of
this section is entitled to such leave, subject to the
provisions of this section and of the last sentence of
section 6323(b) of title 5, United States Code, and such
leave shall be considered leave under section 6323(b) of
title 5, United States Code.
Sec. 8024. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 48 months after
initiation of such study for a multi-function activity.
Sec. 8025. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
Sec. 8026. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act.
Sec. 8028. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit
agencies for the blind or other severely handicapped shall be
afforded the maximum practicable opportunity to participate
as subcontractors and suppliers in the performance of
contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit toward
meeting that subcontracting goal for any purchases made from
qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely
handicapped'' means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Committee
for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8029. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to
section 1095 of title 10, United States Code, shall be made
available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility's direct budget amount.
Sec. 8030. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8031. Of the funds made available in this Act, not
less than $21,417,000 shall be available for the Civil Air
Patrol Corporation, of which $19,417,000 shall be available
for Civil Air Patrol Corporation operation and maintenance to
support readiness activities which includes $2,000,000 for
the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under this section
are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any
unit thereof.

[[Page H8464]]

Sec. 8032. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2002 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2002,
not more than 6,477 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,029 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2003 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC
during that fiscal year.
Sec. 8033. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8034. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8035. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8036. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2002. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8037. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result
of energy cost savings realized by the Department of Defense
shall remain available for obligation for the next fiscal
year to the extent, and for the purposes, provided in section
2865 of title 10, United States Code.

(including transfer of funds)

Sec. 8038. Amounts deposited during the current fiscal year
to the special account established under 40 U.S.C. 485(h)(2)
and to the special account established under 10 U.S.C.
2667(d)(1) are appropriated and shall be available until
transferred by the Secretary of Defense to current applicable
appropriations or funds of the Department of Defense under
the terms and conditions specified by 40 U.S.C. 485(h)(2)(A)
and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to
be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8039. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify
clearly and separately the amounts requested in the budget
for appropriation for that fiscal year for salaries and
expenses related to administrative activities of the
Department of Defense, the military departments, and the
defense agencies.
Sec. 8040. Notwithstanding any other provision of law,
funds available for ``Drug Interdiction and Counter-Drug
Activities, Defense'' may be obligated for the Young Marines
program.

(including transfer of funds)

Sec. 8041. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act: Provided, That none of the funds made
available for expenditure under this section may be
transferred or obligated until 30 days after the Secretary of
Defense submits a report which details the balance available
in the Overseas Military Facility Investment Recovery
Account, all projected income into the account during fiscal
years 2002 and 2003, and the specific expenditures to be made
using funds transferred from this account during fiscal year
2002.
Sec. 8042. Of the funds appropriated or otherwise made
available by this Act, not more than $119,200,000 shall be
available for payment of the operating costs of NATO
Headquarters: Provided, That the Secretary of Defense may
waive this section for Department of Defense support provided
to NATO forces in and around the former Yugoslavia.
Sec. 8043. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$100,000: Provided, That the $100,000 limitation shall not
apply to amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for expenses
related to certain classified activities.
Sec. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2003 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2003 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2003 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2003: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal

[[Page H8465]]

year shall remain available until expended: Provided further,
That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations (regional
operations), and for covert action programs authorized by the
President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2003.
Sec. 8046. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8047. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $10,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8048. Amounts collected for the use of the facilities
of the National Science Center for Communications and
Electronics during the current fiscal year pursuant to
section 1459(g) of the Department of Defense Authorization
Act, 1986, and deposited to the special account established
under subsection 1459(g)(2) of that Act are appropriated and
shall be available until expended for the operation and
maintenance of the Center as provided for in subsection
1459(g)(2).
Sec. 8049. None of the funds appropriated in this Act may
be used to fill the commander's position at any military
medical facility with a health care professional unless the
prospective candidate can demonstrate professional
administrative skills.
Sec. 8050. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8051. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support:

Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8052. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to field operating agencies
funded within the National Foreign Intelligence Program.
Sec. 8053. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2002 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2002.
Sec. 8054. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, industrial or other purposes: Provided, That
notwithstanding any other provision of law, the Secretary of
the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and
structures.

(rescissions)

Sec. 8055. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts:
``Former Soviet Union Threat Reduction, 2000/2002'',
$32,000,000;
``Other Procurement, Navy, 2000/2002'', $16,300,000;
``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Former Soviet Union Threat Reduction, 2001/2003'',
$32,000,000;
``Aircraft Procurement, Army, 2001/2003'', $22,000,000;
``Procurement of Ammunition, Army, 2001/2003'',
$27,400,000;
``Other Procurement, Army, 2001/2003'', $28,745,000;
``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
``Weapons Procurement, Navy, 2001/2003'', $35,000,000;
``Other Procurement, Navy, 2001/2003'', $14,600,000;
``Procurement, Marine Corps, 2001/2003'', $1,000,000;
``Aircraft Procurement, Air Force, 2001/2003'',
$19,300,000;
``Procurement of Ammunition, Air Force, 2001/2003'',
$5,800,000;
``Other Procurement, Air Force, 2001/2003'', $16,800,000;
``Research, Development, Test and Evaluation, Army, 2001/
2002'', $16,300,000;
``Research, Development, Test and Evaluation, Navy, 2001/
2002'', $58,800,000;
``Research, Development, Test and Evaluation, Air Force,
2001/2002'', $74,433,000; and
``Defense Health Program, 2001/2002'', $4,000,000.
Sec. 8056. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
Sec. 8057. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
Sec. 8058. During the current fiscal year, funds
appropriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a plan
submitted by a Governor of a State and approved by the
Secretary of Defense under section 112 of title 32, United
States Code: Provided, That during the performance of such
duty, the members of the National Guard shall be under State
command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of
sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
Sec. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included
within the National Foreign Intelligence Program (NFIP), the
Joint Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) aggregate:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8060. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2001
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8061. (a) Limitation on Pentagon Renovation Costs.--
Not later than the date each year on which the President
submits to

[[Page H8466]]

Congress the budget under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to
Congress a certification that the total cost for the
planning, design, construction, and installation of equipment
for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the
total cost for the planning, design, construction, and
installation of equipment for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the
limitation in subsection (a), the Secretary shall adjust the
cost for the renovation of wedge 1 by any increase or
decrease in costs attributable to economic inflation, based
on the most recent economic assumptions issued by the Office
of Management and Budget for use in preparation of the budget
of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of
calculating the limitation in subsection (a), the total cost
for wedges 2 through 5 shall not include--
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
(3) any increase in costs attributable to additional
security requirements that the Secretary of Defense considers
essential to provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall
report the projected cost (as of the time of the
certification) for--
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that
occurred on September 11, 2001.
(e) Duration of Certification Requirement.--The requirement
to make an annual certification under subsection (a) shall
apply until the Secretary certifies to Congress that the
renovation of the Pentagon Reservation is completed.
Sec. 8062. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.

(transfer of funds)

Sec. 8063. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for
increasing energy and water efficiency in Federal buildings
may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense
for projects related to increasing energy and water
efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.
Sec. 8064. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8065. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa, and
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8066. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8067. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed
by funds appropriated in this or any other Act.
Sec. 8068. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the
current fiscal year for construction or service performed in
whole or in part in a State (as defined in section 381(d) of
title 10, United States Code) which is not contiguous with
another State and has an unemployment rate in excess of the
national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such
State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the
interest of national security.
Sec. 8069. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8070. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
(d) National Emergency of September 11, 2001.--The 15-day
prior notification period cited in subsection (a) shall not
apply to any covered activity, operation or operations
initiated as a result of the national emergency proclaimed by
the President as a result of the terrorist attacks of
September 11, 2001. For fiscal year 2002, the Department of
Defense shall provide quarterly reports, in both unclassified
and classified form, to the congressional defense committees,
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate, of any transfers during the preceding quarter
resulting from any covered activities, operation or
operations exempted from the 15-day prior notification period
by this subsection.
Sec. 8071. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, the Secretary of
Defense may issue loan guarantees in support of United States
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for
guarantees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each
guarantee shall be paid by the country involved and may be
financed as part of a loan guaranteed by the United States,
provided that the exposure fee with respect to such loan
guarantee be fixed in an amount that is sufficient to meet
the potential liabilities of the United States under the loan
guarantee: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate and the
Committees on Appropriations, Armed Services, and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to the
special account provided for under section 2540c(d) of title
10, shall be available for paying the costs of administrative
expenses of the Department of Defense that are attributable
to the loan guarantee

[[Page H8467]]

program under subchapter VI of chapter 148 of title 10,
United States Code.
Sec. 8072. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8073. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or
provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition or agent of the
United States found in the World War II Pacific Theater of
Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a
party.
Sec. 8074. None of the funds provided in title IX of this
Act for ``Former Soviet Union Threat Reduction'' may be
obligated or expended to finance housing for any individual
who was a member of the military forces of the Soviet Union
or for any individual who is or was a member of the military
forces of the Russian Federation.

(including transfer of funds)

Sec. 8075. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8076. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior year, and the 1 percent
limitation shall apply to the total amount of the
appropriation.
Sec. 8077. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8078. Funds appropriated in title II of this Act and
for the Defense Health Program in title VI of this Act for
supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8079. During the current fiscal year, the Secretary of
Defense may waive reimbursement of the cost of conferences,
seminars, courses of instruction, or similar educational
activities of the Asia-Pacific Center for Security Studies
for military officers and civilian officials of foreign
nations if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security
interest of the United States: Provided, That costs for which
reimbursement is waived pursuant to this section shall be
paid from appropriations available for the Asia-Pacific
Center.
Sec. 8080. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8081. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the
current fiscal year, interest penalties may be paid by the
Department of Defense from funds financing the operation of
the military department or defense agency with which the
invoice or contract payment is associated.
Sec. 8083. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the
national security interest to do so.
Sec. 8084. The amount appropriated in this Act for
``Operation and Maintenance, Navy'', is hereby reduced by
$245,000,000 to reflect a Navy Working Capital Fund cash
balance and rate stabilization adjustment.
Sec. 8085. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced
by $527,000,000, to reflect working capital fund fuel price
re-estimates and rate stabilization adjustments, to be
derived as follows:
``Operation and Maintenance, Army'', $35,000,000;
``Operation and Maintenance, Navy'', $230,000,000;
``Operation and Maintenance, Marine Corps'', $6,000,000;
``Operation and Maintenance, Air Force'', $247,000,000; and
``Operation and Maintenance, Defense-Wide'', $9,000,000.
Sec. 8086. None of the funds made available in this Act may
be used to approve or license the sale of the F-22 advanced
tactical fighter to any foreign government.
Sec. 8087. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8088. Funds made available to the Civil Air Patrol in
this Act under the heading ``Drug Interdiction and Counter-
Drug Activities, Defense'' may be used for the Civil Air
Patrol Corporation's counterdrug program, including its
demand reduction program involving youth programs, as well as
operational and training drug reconnaissance missions for
Federal, State, and local government agencies; for
administrative costs, including the hiring of Civil Air
Patrol Corporation employees; for travel and per diem
expenses of Civil Air Patrol Corporation personnel in support
of those missions; and for equipment needed for mission
support or performance: Provided, That the Department of the
Air Force should waive reimbursement from the Federal, State,
and

[[Page H8468]]

local government agencies for the use of these funds.
Sec. 8089. Notwithstanding any other provision of law, the
TRICARE managed care support contracts in effect, or in final
stages of acquisition as of September 30, 2000, may be
extended for 2 years: Provided, That any such extension may
only take place if the Secretary of Defense determines that
it is in the best interest of the Government: Provided
further, That any contract extension shall be based on the
price in the final best and final offer for the last year of
the existing contract as adjusted for inflation and other
factors mutually agreed to by the contractor and the
Government: Provided further, That notwithstanding any other
provision of law, all future TRICARE managed care support
contracts replacing contracts in effect, or in the final
stages of acquisition as of September 30, 2001, may include a
base contract period for transition and up to seven 1-year
option periods.
Sec. 8090. None of the funds in this Act may be used to
compensate an employee of the Department of Defense who
initiates a new start program without notification to the
Office of the Secretary of Defense, the Office of Management
and Budget, and the congressional defense committees, as
required by Department of Defense financial management
regulations.
Sec. 8091. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required
by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces
and the foreign security forces involved in the training
program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8092. The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental equipment of the
Department of Defense, at no cost to the Department of
Defense, to Indian health service facilities and to
federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
Sec. 8093. The total amount appropriated in this Act is
hereby reduced by $200,000,000 to reflect savings from
favorable foreign currency fluctuations, to be derived as
follows:
``Military Personnel, Army'', $30,800,000;
``Military Personnel, Navy'', $600,000;
``Military Personnel, Marine Corps'', $7,800,000;
``Military Personnel, Air Force'', $15,400,000;
``Reserve Personnel, Air Force'', $8,400,000;
``National Guard Personnel, Army'', $2,200,000;
``Operation and Maintenance, Army'', $68,600,000;
``Operation and Maintenance, Navy'', $14,400,000;
``Operation and Maintenance, Marine Corps'', $1,000,000;
``Operation and Maintenance, Air Force'', $26,400,000;
``Operation and Maintenance, Defense-Wide'', $23,000,000;
and
``Operation and Maintenance, Air Force Reserve'',
$1,400,000.
Sec. 8094. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8095. The budget of the President for fiscal year 2003
submitted to the Congress pursuant to section 1105 of title
31, United States Code, and each annual budget request
thereafter, shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Overseas Contingency Operations
Transfer Fund, the Operation and Maintenance accounts, and
the Procurement accounts: Provided, That these budget
justification documents shall include a description of the
funding requested for each anticipated contingency operation,
for each military service, to include active duty and Guard
and Reserve components, and for each appropriation account:
Provided further, That these documents shall include
estimated costs for each element of expense or object class,
a reconciliation of increases and decreases for ongoing
contingency operations, and programmatic data including, but
not limited to troop strength for each active duty and Guard
and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits
OP-5 and OP-32, as defined in the Department of Defense
Financial Management Regulation, for the Overseas Contingency
Operations Transfer Fund for fiscal years 2001 and 2002.
Sec. 8096. None of the funds appropriated or otherwise made
available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8097. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any
advanced concept technology demonstration project may only be
obligated 30 days after a report, including a description of
the project and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
Sec. 8098. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense
policies governing the provision of care provided by and
financed under the military health care system's case
management program under 10 U.S.C. 1079(a)(17), the term
``custodial care'' shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of
trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members of the
military services, and their dependents and survivors, have
access to all medically necessary health care through the
health care delivery system of the military services
regardless of the health care status of the person seeking
the health care: Provided further, That the case management
program shall be the primary obligor for payment of medically
necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare
programs or charity based care.
Sec. 8099. (a) During the current fiscal year, any refund
described in subsection (b) may be credited to the operation
and maintenance account of the Department of Defense that is
current when the refund is received and that is available for
the same purposes as the account originally charged.
(b) Subsection (a) applies to the following:
(1) Any refund attributable to the use of a Government
travel card by a member of the Armed Forces or a civilian
employee of the Department of Defense.
(2) Any refund attributable to the use of a Government
Purchase card by a member of the Armed Forces or a civilian
employee of the Department of Defense.
(3) Any refund attributable to official Government travel
by a member of the Armed Forces or a civilian employee of the
Department of Defense that is arranged by a Government
Contracted Travel Management Center.
Sec. 8100. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None
of the funds appropriated in this Act may be used for a
mission critical or mission essential financial management
information technology system (including a system funded by
the defense working capital fund) that is not registered with
the Chief Information Officer of the Department of Defense. A
system shall be considered to be registered with that officer
upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the
Secretary of Defense may prescribe. A financial management
information technology system shall be considered a mission
critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) Certifications as to Compliance With Financial
Management Modernization Plan.--(1) During the current fiscal
year, a financial management major automated information
system may not receive Milestone I approval, Milestone II
approval, or Milestone III approval, or their equivalent,
within the Department of Defense until the Under Secretary of
Defense (Comptroller) certifies, with respect to that
milestone, that the system is being developed in accordance
with the Department's Financial Management Modernization
Plan. The Under Secretary of Defense (Comptroller) may
require additional certifications, as appropriate, with
respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Definitions.--For purposes of this section:

[[Page H8469]]

(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
Sec. 8101. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8102. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8103. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under 10 U.S.C. 2667, in the case
of a lease of personal property for a period not in excess of
1 year to any organization specified in 32 U.S.C. 508(d), or
any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau,
or his designee, on a case-by-case basis.
Sec. 8104. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not
contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8105. During the current fiscal year, under
regulations prescribed by the Secretary of Defense, the
Center of Excellence for Disaster Management and Humanitarian
Assistance may also pay, or authorize payment for, the
expenses of providing or facilitating education and training
for appropriate military and civilian personnel of foreign
countries in disaster management, peace operations, and
humanitarian assistance: Provided, That not later than April
1, 2002, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the
training of foreign personnel conducted under this authority
during the preceding fiscal year for which expenses were paid
under the section: Provided further, That the report shall
specify the countries in which the training was conducted,
the type of training conducted, and the foreign personnel
trained.
Sec. 8106. (a) The Department of Defense is authorized to
enter into agreements with the Veterans Administration and
federally-funded health agencies providing services to Native
Hawaiians for the purpose of establishing a partnership
similar to the Alaska Federal Health Care Partnership, in
order to maximize Federal resources in the provision of
health care services by federally-funded health agencies,
applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as
other Native Americans who are eligible for the health care
services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No.
13084 (issued May 14, 1998), with Native Hawaiians for the
purpose of assuring maximum Native Hawaiian participation in
the direction and administration of governmental services so
as to render those services more responsive to the needs of
the Native Hawaiian community.
(c) For purposes of this section, the term ``Native
Hawaiian'' means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the State of
Hawaii.
Sec. 8107. In addition to the amounts provided elsewhere in
this Act, the amount of $10,000,000 is hereby appropriated
for ``Operation and Maintenance, Defense-Wide'', to be
available, notwithstanding any other provision of law, only
for a grant to the United Service Organizations Incorporated,
a federally chartered corporation under chapter 2201 of title
36, United States Code. The grant provided under authority of
this section is in addition to any grant provided for under
any other provision of law.
Sec. 8108. Of the amounts appropriated in the Act under the
heading, ``Research, Development, Test and Evaluation,
Ballistic Missile Defense Organization'', $34,000,000 may be
available for the purpose of adjusting the cost-share of the
parties under the Agreement between the Department of Defense
and the Ministry of Defence of Israel for the Arrow
Deployability Program.
Sec. 8109. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.

(including transfer of funds)

Sec. 8110. Of the amounts appropriated in this Act under
the heading, ``Operation and Maintenance, Defense-Wide'',
$115,000,000 shall remain available until expended: Provided,
That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government.
Sec. 8111. The Ballistic Missile Defense Organization and
its subordinate offices and associated contractors, including
the Lead Systems Integrator, shall notify the congressional
defense committees 15 days prior to issuing any type of
information or proposal solicitation for the Ground Based
Midcourse Defense Segment with a potential annual contract
value greater than $5,000,000 or a total contract value
greater than $30,000,000.
Sec. 8112. None of the funds appropriated in this Act under
the heading ``Overseas Contingency Operations Transfer Fund''
may be transferred or obligated for Department of Defense
expenses not directly related to the conduct of overseas
contingencies: Provided, That the Secretary of Defense shall
submit a report no later than 30 days after the end of each
fiscal quarter to the Committees on Appropriations of the
Senate and House of Representatives that details any transfer
of funds from the ``Overseas Contingency Operations Transfer
Fund'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of
civilian personnel, base operations support, and weapon,
vehicle or equipment maintenance.
Sec. 8113. The Secretary of Defense may treat the opening
of the Pacific Wing of the National D-Day Museum in New
Orleans, Louisiana, as an official event of the Department of
Defense for the purposes of the provision of support for
ceremonies and activities related to that opening.
Sec. 8114. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2002.
Sec. 8115. In addition to amounts provided in this Act,
$2,000,000 is hereby appropriated for ``Defense Health
Program'', to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.

(including transfer of funds)

Sec. 8116. In addition to the amounts appropriated
elsewhere in this Act, $2,000,000, to remain available until
expended, is hereby appropriated to the Department of
Defense: Provided, That not later than 30 days after the
enactment of this Act, the Secretary of Defense shall
transfer these funds to the Department of Energy
appropriation account ``Fossil Energy Research and
Development'', only for a proposed conceptual design study to
examine the feasibility of a zero emissions, steam injection
process with possible applications for increased power
generation efficiency, enhanced oil recovery and carbon
sequestration.
Sec. 8117. The total amount appropriated in this Act is
reduced by $955,000,000, for efficiencies in the contractor
work force, to be derived as follows:
``Operation and Maintenance, Army'', $269,500,000;
``Operation and Maintenance, Navy'', $157,200,000;

[[Page H8470]]

``Operation and Maintenance, Marine Corps'', $23,900,000;
``Operation and Maintenance, Air Force'', $180,200,000;
``Operation and Maintenance, Defense-Wide'', $103,700,000;
``Operation and Maintenance, Army Reserve'', $23,200,000;
``Operation and Maintenance, Navy Reserve'', $3,300,000;
``Operation and Maintenance, Air Force Reserve'',
$31,200,000;
``Operation and Maintenance, Army National Guard'',
$53,600,000;
``Operation and Maintenance, Air National Guard'',
$52,500,000;
``Research, Development, Test and Evaluation, Army'',
$35,300,000;
``Research, Development, Test and Evaluation, Navy'',
$3,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$15,700,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $2,700,000.
Sec. 8118. Funds appropriated for Operation and Maintenance
in title II of this Act may be used to complete certain
projects for which funds have been provided from--
(1) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 110 of the Emergency Supplemental Act, 2000
(division B of Public Law 106-246; 114 Stat. 530); or
(2) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 9001(a)(2)(i) of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
Sec. 8119. Notwithstanding any other provision of law, from
funds appropriated in this or any other Act under the
heading, ``Aircraft Procurement, Air Force'', that remain
available for obligation, not to exceed $16,000,000 shall be
available for recording, adjusting, and liquidating
obligations for the C-17 aircraft properly chargeable to the
fiscal year 1998 ``Aircraft Procurement, Air Force'' account:
Provided, That the Secretary of the Air Force shall notify
the congressional defense committees 30 days prior to
obligation of all of the specific sources of funds to be used
for such purpose.
Sec. 8120. Notwithstanding any other provision of law, from
funds appropriated in this or any other Act under the
heading, ``Missile Procurement, Air Force'', that remain
available for obligation, not to exceed $50,000,000 shall be
available for recording, adjusting, and liquidating
obligations properly chargeable to fiscal year 1997 and 1998
``Missile Procurement, Air Force'' accounts: Provided, That
the Secretary of the Air Force shall notify the congressional
defense committees 30 days prior to obligation of all of the
specific sources of funds to be used for such purpose.

(including transfer of funds)

Sec. 8121. Of the amounts appropriated in this Act under
the heading, ``Shipbuilding and Conversion, Navy'',
$680,000,000 shall be available until September 30, 2002, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of Defense shall
transfer such funds to the following appropriations in the
amounts specified: Provided further, That the amounts
transferred shall be merged with and be available for the
same purposes and for the same time period as the
appropriations or fund to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/2002'': Carrier Replacement Program, $172,364,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2002'': LPD-17 Amphibious Transport Dock Ship Program,
$172,989,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1997/2002'': DDG-51 Destroyer Program, $37,200,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2002'':
NSSN Program, $123,561,000;
DDG-51 Destroyer Program, $111,457,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2002'': NSSN Program, $62,429,000.

(TRANSFER OF FUNDS)

Sec. 8122. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds:
Provided, That the amounts transferred shall be available for
the same purpose as the appropriations to which transferred,
and for the same time period as the appropriation from which
transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the
amount specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/2002'':
TRIDENT ballistic missile submarine program, $78,000;
SSN-21 attack submarine program, $66,000;
DDG-51 destroyer program, $6,100,000;
ENTERPRISE refueling/modernization program, $964,000;
LSD-41 dock landing ship cargo variant ship program,
$237,000;
MCM mine countermeasures program, $118,000;
Oceanographic ship program, $2,317,000;
AOE combat support ship program, $164,000;
AO conversion program, $56,000;
Coast Guard icebreaker ship program, $863,000;
Craft, outfitting, post delivery, and ship special support
equipment, $529,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2002'': DDG-51 destroyer program, $11,492,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/2002'':
DDG-51 destroyer program, $3,986,000;
LHD-1 amphibious assault ship program, $85,000;
LSD-41 dock landing ship cargo variant program, $428,000;
AOE combat support ship program, $516,000;
Craft, outfitting, post delivery, and first destination
transportation, and inflation adjustments, $1,034,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2002'': DDG-51 destroyer program, $6,049,000.

(including transfer of funds)

Sec. 8123. Of the funds appropriated by this Act under the
heading, ``Operation and Maintenance, Navy'', $56,000,000
shall remain available until expended, only for costs
associated with the stabilization, return, refitting,
necessary force protection upgrades, and repair of the U.S.S.
COLE: Provided, That the Secretary of Defense may transfer
these funds to appropriations accounts for procurement and
that the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense.
Sec. 8124. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under 10
U.S.C. 7622 arising out of the collision involving the U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and without
regard to the monetary limitations in subsections (a) and (b)
of that section: Provided, That such payments shall be made
from funds available to the Department of the Navy for
operation and maintenance.
Sec. 8125. Notwithstanding section 229(a) of the Social
Security Act, no wages shall be deemed to have been paid to
any individual pursuant to that section in any calendar year
after 2001.
Sec. 8126. The total amount appropriated in this Act is
hereby reduced by $230,000,000 to reflect fact-of-life
changes in utilities costs, to be derived as follows:
``Operation and Maintenance, Army'', $75,900,000;
``Operation and Maintenance, Navy'', $17,100,000;
``Operation and Maintenance, Marine Corps'', $15,000,000;
``Operation and Maintenance, Air Force'', $60,100,000;
``Operation and Maintenance, Defense-Wide'', $9,800,000;
``Operation and Maintenance, Army Reserve'', $6,000,000;
``Operation and Maintenance, Navy Reserve'', $2,300,000;
``Operation and Maintenance, Marine Corps Reserve'',
$800,000;
``Operation and Maintenance, Air Force Reserve'',
$3,000,000;
``Operation and Maintenance, Army National Guard'',
$6,000,000;
``Operation and Maintenance, Air National Guard'',
$7,500,000;
``Drug Interdiction and Counter-Drug Activities, Defense'',
$800,000;
``Defense Working Capital Funds'', $14,400,000; and
``Defense Health Program'', $11,300,000.
Sec. 8127. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced
by $797,919,000, to reduce excess funded carryover, to be
derived as follows:
``Operation and Maintenance, Army'', $131,000,000;
``Operation and Maintenance, Navy'', $343,719,000;
``Operation and Maintenance, Marine Corps'', $25,000,000;
``Operation and Maintenance, Air Force'', $283,200,000;
``Operation and Maintenance, Defense-Wide'', $15,000,000;
Sec. 8128. (a) Of the total amount appropriated for
``Operation and Maintenance, Air Force'', $2,500,000, to
remain available until expended, shall be available to the
Secretary of the Air Force only for the purpose of making a
grant in the amount of $2,500,000 to the Lafayette Escadrille
Memorial Foundation, Inc., to be used to perform the repair,
restoration, and preservation of the structure, plaza, and
surrounding grounds of the Lafayette Escadrille Memorial in
Marnes la-Coguette, France.
(b) The Secretary shall require as a condition of the
grant--
(1) that the funds provided through the grant be used only
for costs associated with such repair, restoration, and
preservation; and
(2) that none of those funds may be used for remuneration
of any entity or individual associated with fund raising for
the project to carry out such repair, restoration, and
preservation.
Sec. 8129. None of the funds in this or any other Act may
be used by the Secretary of the Interior to remove the five
foot tall memorial cross originally erected in 1934 by the
Veterans of Foreign Wars in honor of fallen World War I
veterans and located within the boundary of the Mojave
National Preserve in southern California along Cima Road
approximately 11 miles south of Interstate 15.

[[Page H8471]]

Sec. 8130. In addition to the amounts provided elsewhere in
this Act, the amount of $6,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Navy''. Such amount shall be used by the Secretary of the
Navy only to make a grant in the amount of $6,000,000 to the
U.S.S. Alabama Battleship Foundation, a nonprofit
organization established under the laws of the State of
Alabama, to be available only for the preservation of the
former U.S.S. ALABAMA (ex BB-60) as a museum and memorial.
Sec. 8131. In addition to the amounts provided elsewhere in
this Act, the amount of $5,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Navy''. Such amount shall be used by the Secretary of the
Navy only to make a grant in the amount of $5,000,000 to the
Intrepid Sea-Air-Space Foundation only for the preservation
of the former U.S.S. INTREPID (CV 11) as a museum and
memorial.
Sec. 8132. In addition to the amounts provided elsewhere in
this Act, the amount of $6,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Air Force''. Such amount shall be used by the Secretary of
the Air Force only to make a grant in the amount of
$6,000,000 to the Medical Lake School District, Washington
State school district number 326, for relocation of the
Fairchild Air Force Base Elementary School within the
boundary of Fairchild Air Force Base, Washington.
Sec. 8133. In addition to the amounts provided elsewhere in
this Act, the amount of $5,000,000 is hereby appropriated to
the Department of Defense for ``Operation and Maintenance,
Navy''. Such amount shall be used by the Secretary of the
Navy only to make a grant in the amount of $5,000,000 to the
Central Kitsap School District, Washington State school
district number 401, for the purchase and installation of
equipment for a special needs learning center to meet the
needs of Department of Defense special needs students at
Submarine Base Bangor, Washington.
Sec. 8134. (a) In addition to amounts provided elsewhere in
this Act, the amount of $10,000,000 is hereby appropriated
for ``Operation and Maintenance, Defense-Wide'', to be
available to the Secretary of Defense only for the purpose of
making a grant for the purpose specified in section 8156 of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259; 114 Stat. 707), as amended by subsection (b).
Such grant shall be made not later than 90 days after the
date of the enactment of this Act.
(b) Section 8156 of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 707),
is amended by striking the comma after ``California'' the
first place it appears and all that follows through ``96-
8867)''.
Sec. 8135. (a) Activities Under Formerly Utilized Sites
Remedial Action Program.--Subject to subsections (b) through
(e) of section 611 of Public Law 106-60 (113 Stat. 502; 10
U.S.C. 2701 note), the Secretary of the Army, acting through
the Chief of Engineers, under the Formerly Utilized Sites
Remedial Action Program shall undertake the functions and
activities specified in subsection (a) of such section in
order to--
(1) clean up radioactive contamination at the Shpack
Landfill site located in Norton and Attleboro, Massachusetts;
and
(2) clean up radioactive waste at the Shallow Land Disposal
Area located in Parks Township, Armstrong County,
Pennsylvania, consistent with the Memorandum of Understanding
Between the United States Nuclear Regulatory Commission and
the United States Army Corps of Engineers for Coordination on
Cleanup and Decommissioning of the Formerly Utilized Sites
Remedial Action Program (FUSRAP) Sites with NRC-Licensed
Facilities, dated July 5, 2001.
(b) Special Rules Regarding Shallow Land Disposal Area.--
The Secretary of the Army shall seek to recover response
costs incurred by the Army Corps of Engineers for cleanup of
the Shallow Land Disposal Area from appropriate responsible
parties in accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.). The Secretary of the Army and the Corps of
Engineers shall not, by virtue of this cleanup, become liable
for the actions or omissions of past, current, or future
licensees, owners, or operators of the Shallow Land Disposal
Area.
(c) Funding Sources.--Amounts appropriated to the Army
Corps of Engineers for fiscal year 2001 and subsequent fiscal
years and available for the Formerly Utilized Sites Remedial
Action Program shall be available to carry out this section.
Sec. 8136. In addition to amounts otherwise appropriated or
made available by this Act, $3,000,000 is appropriated to the
Secretary of the Air Force and shall be used by the Secretary
to reestablish the Tethered Aerostat Radar System at Morgan
City, Louisiana, previously used by the Air Force in
maritime, air, and land counter-drug detection and
monitoring. Of the amounts appropriated or otherwise made
available for operation and maintenance for the Air Force,
the Secretary shall use $3,000,000 to operate such Tethered
Aerostat Radar System upon its reestablishment.
Sec. 8137. None of the funds in this Act may be used to
implement the establishment of an independent unmanned aerial
vehicle joint operational test bed system and/or the transfer
of two Predator UAVs, tactical control system (TCS) ground
station and assorted equipment from the Navy to Joint Forces
Command (JFCOM).
Sec. 8138. The $100,000 limitation established by Section
8043 of Public Law 106-259, shall not apply to amounts
appropriated in that Act under the heading ``Operation and
Maintenance, Defense-Wide'' for expenses related to certain
classified activities associated with foreign material.
Sec. 8139. The total amount appropriated in this Act for
Operation and Maintenance is hereby reduced by $330,000,000,
to reflect savings attributable to improved supervision in
determining appropriate purchases to be made using the
Government purchase card, to be derived as follows:
``Operation and Maintenance, Army'', $122,100,000;
``Operation and Maintenance, Navy'', $95,700,000;
``Operation and Maintenance, Marine Corps'', $9,900,000;
``Operation and Maintenance, Air Force'', $79,200,000; and
``Operation and Maintenance, Defense-Wide'', $23,100,000.
Sec. 8140. The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly conduct a comprehensive
assessment that identifies and evaluates changes to
Department of Defense and Department of Veterans Affairs
health care delivery policies, methods, practices, and
procedures in order to provide improved health care services
at reduced costs to the taxpayer. This assessment shall
include a detailed independent review, based on a statement
of work authored by the Secretaries of both departments, of
options to collocate or share facilities and care providers
in areas where duplication and excess capacity may exist,
optimize economies of scale through joint procurement of
supplies and services, institute cooperative service
agreements, and partially or fully integrate DOD and VA
systems providing telehealth services, computerized patient
records, provider credentialing, surgical quality assessment,
rehabilitation services, administrative services, and centers
of excellence for specialized health care services. The
Secretaries shall jointly transmit a report to Congress by no
later than March 1, 2002, explaining the findings and
conclusions of this assessment, including detailed estimates
of the costs, cost savings, and service benefits of each
recommendation, and making legislative and administrative
recommendations to implement the results of this effort:
Provided, That of the funds provided under the heading
``Defense Health Program'' $5,000,000 shall be made available
only for the purpose of conducting the assessment described
in this section.
Sec. 8141. (a) Notwithstanding any other provision of law,
operation and maintenance funds provided in this Act may be
used for the purchase of ultralightweight camouflage net
systems as unit spares in order to modernize the current
inventory of camouflage screens to state-of-the-art
protection standards more quickly than would otherwise be the
case.
(b) The authority provided by subsection (a) may not be
used until the Secretary of the Army submits to the
congressional defense committees a report certifying that,
compared to the current system that can be purchased with
Army Operation and Maintenance funds, the ultralightweight
camouflage net system--
(1) is technically superior against multi-spectral threat
sensors;
(2) is less costly per unit; and
(3) provides improved overall force protection.
Sec. 8142. (a) Fort Irwin Military Land Withdrawal.--The
provisions of title XXIX of H.R. 2586, as passed by the House
of Representatives on September 25, 2001 (entitled the Fort
Irwin Military Land Withdrawal Act of 2001), are hereby
enacted into law.
(b) Publication of Provisions Enacted by Reference.--In
publishing this Act in slip form and in the United States
Statutes at Large pursuant to section 112 of title 1, United
States Code, the Archivist of the United States shall include
after the date of approval an appendix setting forth the text
of the provisions referred to in subsection (a).
Sec. 8143. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act for the Pentagon
Reservation Maintenance Revolving Fund, including standard
real property operations is hereby reduced by $333,000,000,
to be distributed as follows:
``Operation and Maintenance, Army'', $114,270,000;
``Operation and Maintenance, Navy'', $50,320,000;
``Operation and Maintenance, Air Force'', $62,180,000;
``Operation and Maintenance, Defense-Wide'', $102,120,000;
and
``Research, Development, Test and Evaluation, Ballistic
Missile Defense Organization'', $4,110,000.
Sec. 8144. (a) Funding Reduction.--The amount appropriated
in this Act for ``Operation and Maintenance, Army'' is hereby
reduced by $37,200,000 to reflect efficiencies in Army
acquisition management practices.
(b) Limitations.--Effective six months after the date of
enactment of this Act none of the funds made available by
this Act may be used, directly or indirectly, for any of the
following purposes:
(1) To support the accomplishment of Army acquisition
systems management functions by military or civilian
personnel assigned to or employed by the Army Training and
Doctrine Command.

[[Page H8472]]

(2) To accomplish Army acquisition system requirements
determination functions, or analysis of alternatives
functions, by military or civilian personnel assigned to or
employed by the Army Training and Doctrine Command.
(3) To accomplish Army acquisition program management
functions by military or civilian personnel assigned to or
employed by the Army Material Command.
(c) Civilian Personnel Reductions.--Pursuant to this
section, the Secretary of the Army shall reduce the fiscal
year end-strength number of civilian full-time equivalent
employees performing Army acquisition functions by 3 percent
of the baseline number for each fiscal year from fiscal year
2002 through fiscal year 2006. For purposes of the preceding
sentence, the term ``baseline number'' means the number of
civilian full-time equivalent employees performing Army
acquisition functions as of the close of fiscal year 2001.
(d) Reports.--(1) The Secretary of the Army shall include
with the fiscal year 2003 budget justification materials for
the Department of the Army information on--
(A) how personnel reductions required by subsection (c)
will be accomplished and how Army acquisition system and
program management resources will be transferred to other
Army elements by reason of those reductions; and
(B) any changes in Army policies to achieve compliance with
the limitations in subsection (b).
(2) The Secretary shall include with the budget
justification materials for the Department of the Army for
each of fiscal years 2004 through 2007 information on--
(A) how personnel reductions required by subsection (c)
have been accomplished to the date of the report and will be
accomplished during the then-current fiscal year and
thereafter; and
(B) how Army acquisition system and program management
resources have been transferred, as of the date of the
report, to other Army elements by reason of those reductions
and how such resources will be transferred during the then-
current fiscal year and thereafter to other Army elements by
reason of those reductions, and each subsequent annual budget
request.
Sec. 8145. (a) Non-Profit Army Venture Capital
Corporation.--Of the funds made available for ``Research,
Development, Test and Evaluation, Army'', $50,000,000 shall
be available to the Secretary of the Army only for the
purpose of funding a venture capital investment corporation
established pursuant to section 2371 of title 10 United
States Code, to be derived as specified in subsection (b).
(b) Funding.--The amount specified in subsection (a) shall
be derived by reducing, on a pro rata basis, the following
amounts: (1) Amounts made available to the Army for basic
research and applied research, except for amounts for
research projects designated as congressional special
interest items; (2) Amounts made available to the Army for
research, development, test and evaluation relating to the
Future Combat System.
Sec. 8146. Notwithstanding any other provision of law, in
addition to amounts appropriated or otherwise made available
in this Act, $10,000,000 is hereby appropriated to
``Operation and Maintenance, Defense-Wide'' only for facility
improvements necessary to integrate the 910th Airlift Wing
and related activities at the Youngstown-Warren Regional
Airport into the military cargo network.
Sec. 8147. Notwithstanding any other provision of law, in
addition to amounts appropriated or otherwise made available
in this Act, $10,000,000 is hereby appropriated to
``Operation and Maintenance, Defense-Wide'' only for facility
improvements and equipment purchases necessary to augment the
capabilities of local government emergency response units
responsible for protection of the Pentagon Reservation to
address emergency response deficiencies identified as a
result of the attack on the Pentagon of September 11, 2001,
and to provide additional capabilities to meet the terrorism
threat: Provided, That the Secretary of Defense shall
negotiate and establish an appropriate Federal share for
facility improvements financed under this section prior to
the expenditure of these funds.
Sec. 8148. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of 38 U.S.C. 7403(g) for occupations listed in 28
U.S.C. 7403(a)(2) as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not
apply.
Sec. 8149. (a) The Secretary of Defense may waive any
requirement that the fiscal year 2001 Department of Defense
financial statement include the accounts and associated
activities of the Department of the Army and the Department
of the Navy, to the extent that the Secretary determines
necessary due to the effects of the terrorist attack on the
Pentagon of September 11, 2001.
(b) If any accounts and associated activities of the
Department of the Army or the Department of the Navy are
excluded from the fiscal year 2001 Department of Defense
financial statement pursuant to subsection (a), the Secretary
of Defense shall, as soon as practicable after March 1, 2002,
prepare and submit to the Director of the Office of
Management and Budget, a revised audited financial statement
for fiscal year 2001 that includes all such accounts and
activities.
(c) For purposes of this section, the term ``fiscal year
2001 Department of Defense financial statement'' means the
audited financial statement of the Department of Defense for
fiscal year 2001 required by section 3515 of title 31, United
States Code, to be submitted to the Director of the Office of
Management and Budget not later than March 1, 2002.
Sec. 8150. None of the funds appropriated in this Act may
be used to prepare a budget request for submission to
Congress by the Department of Defense for fiscal year 2003
that contains any proposal to acquire ships for the
Department of the Navy through the use of incremental funding
amounts or advanced appropriations. The limitation against
incremental funding does not apply to the specific
shipbuilding programs that were funded on an incremental
basis in fiscal year 2001.
Sec. 8151. In addition to amounts appropriated or otherwise
made available elsewhere in this Act, $20,000,000, to remain
available until September 30, 2004, is hereby appropriated to
``Aircraft Procurement, Air Force'', only for the C-5
avionics modernization program.
Sec. 8152. In addition to amounts appropriated or otherwise
made available elsewhere in this Act, $10,000,000, to remain
available until September 30, 2003, is hereby appropriated to
``Research, Development, Test and Evaluation, Air Force'',
only for the agile combat support (IMITS) program.
Sec. 8153. In addition to amounts appropriated or otherwise
made available elsewhere in this Act, $6,000,000, to remain
available until September 30, 2003, is hereby appropriated to
``Research, Development, Test and Evaluation, Army'', only
for laser vision correction devices for the Walter Reed Army
Medical Center.
Sec. 8154. Notwithstanding any other provision of this Act,
the Secretary of the Air Force may enter into a multiyear
contract, or extend an existing multiyear contract, for the
C-17 aircraft: Provided, That the authority to enter into
such a contract (or contract extension) may not be exercised
until a period of not less than 30 days has elapsed after the
date of the submission of a report under paragraph (4) of
section 2306b(l) of title 10, United States Code: Provided
further, That the authorities provided in this section shall
not be available until the Secretary of Defense submits to
the congressional defense committees a certification that the
applicable requirements under section 2306b of title 10,
United States Code, and section 8008 of this Act with respect
to such a contract (or contract extension) have been met.
Sec. 8155. Except as expressly provided otherwise, any
reference in a provision of titles I through IX to ``this
Act'' shall be treated as referring only to the provisions of
this division.

Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the remainder of the bill through pages 132,
line 15, be considered as read, printed in the Record, and open to
amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.

Amendment Offered by Mr. Lewis of California

Mr. LEWIS of California. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Lewis of California:
At the end of title VIII of division A (page 132, after
line 15), add the following new sections:
Sec. 8156. Notwithstanding any other provision of law, of
the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $1,680,500, to
remain available until expended, is provided only for payment
of any expenses incurred after April 1, 2002 of the
Commission on the Future of the United States Aerospace
Industry pursuant to section 1092(e)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted by Public Law 106-398, 114 Stat 165A-215).
Sec. 8157. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$1,000,000, to remain available until expended, shall be made
available to the Secretary of Defense, notwithstanding any
other provision of law, only for a grant or grants to the
Somerset County Board of Commissioners (in the Commonwealth
of Pennsylvania), to design and construct a memorial
(including operating and maintenance expenses for appropriate
security measures to protect the site) at the airplane crash
site in Somerset County, Pennsylvania honoring the brave men,
women, and children who perished following a valiant struggle
with terrorists aboard United Airlines Flight 93 on September
11, 2001.
Sec. 8158. (a) None of the funds made available in this
division may be used to purchase--
(1) steel, or
(2) equipment, products, or systems that are necessary to
national security or national defense and that are made with
steel,

that is not melted and poured in the United States except in
cases in which the steel required for the intended use is not
melted and poured in the United States.

[[Page H8473]]

(b) Subsection (a) shall not apply with respect to a
purchase that the Secretary of Defense determines is
necessary for national security purposes.
Sec. 8159. (a) Findings.--The Congress finds that--
(1) in times when our national security is threatened by
possible attacks from foreign and domestic enemies, it is
necessary that the United States have a sufficient supply of
certain products that are essential for defending this
Nation; and
(2) it has been the consistent intent of Congress that the
Department of Defense, when purchasing items to support the
Armed Forces, choose items that are wholly of domestic
content and manufacture, especially items identified as
essential to our national defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is vital that the United States maintain a domestic
manufacturing base for certain products necessary to national
security, so that our Nation does not become reliant on
foreign sources for such products and thereby vulnerable to
disruptions in international trade; and
(2) in cases where such domestic manufacturing base is
threatened, the United States should take action to preserve
such manufacturing base.

Mr. LEWIS of California (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, this is an amendment that
handles a number of technical items, and I know of no controversy. I
ask for an ``aye'' vote on these technical amendments.
Mr. REGULA. Mr. Chairman, through the passage of the Buy American Act
and other related laws, Congress has consistently instructed Federal
agencies to buy products made in the United States whenever possible.
Congress passed these laws not only to support American manufacturers,
but also to ensure that in times of international conflict the United
States would not be dependent on foreign sources for products necessary
to protect this Nation and its interests.
We are now engaged in a campaign overseas fighting terrorism.
Furthermore, we are faced with new threats on our homeland as well.
Now, more than ever, we cannot afford to become dependent on foreign
manufactured products that are essential to our national security. We
need to maintain a domestic manufacturing source for these products.
I can give you an example of this need in my own district. The Ansell
Perry Glove Plant in Massillon, Ohio has been making surgical gloves
since 1935. Its parent company, which is owned by an Australian holding
company, is moving this facility over to Asia. Once it moves, there
will no manufacturers of surgical gloves in the United States.
I am trying to persuade the department of defense to keep buying
American-made surgical gloves, so that this profitable facility can
remain open. The department has tremendous buying power--according to
the defense logistics agency, it purchased nearly 3.5 million dollars
worth of surgical gloves in FY 2001 alone.
This amendment is intended to re-emphasize the intent of Congress
that federal agencies like the Defense Department should buy American
and that in a time of conflict and danger, like we find ourselves in
right now, it is vital that these agencies keep a domestic
manufacturing source for products that are essential for protecting our
citizens at home and our troops stationed abroad.
Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Lewis).
The amendment was agreed to.
Mr. NADLER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I have voted against every Department of Defense
appropriations bill since I have been in this Congress. I have not
opposed these bills because I do not believe in a strong national
defense; on the contrary, I believe in a vigorous defense, a strong
military, and proper treatment of our men and women in uniform,
including good pay, decent housing, and appropriate benefits.
I have objected, however, to the excessive spending on items that are
not critical to our defense. I have opposed spending billions of
dollars on missile defense systems that threaten our security more than
protect it. I have opposed the development of three fighter aircraft
simultaneously at such a high cost that it threatens other crucial
areas of our security. I have opposed supporting excessive military
infrastructure that the last three Secretaries of Defense have told us
is unnecessary to meet current needs. I have opposed the force
structure that was based on a flawed two-war strategy that failed to
consider the practical challenges facing America's vital interests.
Recently, Secretary Rumsfeld has called for an overhaul of this flawed
strategy.
In short, I have argued for a smaller and more efficient U.S.
military, more fitted to the actual threats likely to be faced by this
country than to the no longer existing threats of an invasion through
the Fulda Gap in Europe. I believe America would have been better
served had our military spending been used more wisely over the past 10
years.
I had intended, however, to vote today in favor of this defense
appropriation bill. It would have been my first vote in favor of a
defense appropriation bill. Our country has been attacked, and we
should all support the war effort. We must all support the efforts of
our men and women in uniform during the current war in Afghanistan. I
understand their need for support during this critical time, and I want
to vote to give them the resources they need to meet the challenges
they face and also to increase security at home. I support the pay
increases and I support fully funding health care for military
retirees. I support providing funds to aid in the dismantlement of
nuclear weapons in the former Soviet Union, and I support many of the
new counterterrorism activities.
Unfortunately, I cannot in good conscience vote for this bill today
because of the supplemental funding provision included in the bill that
actually cuts funding that was intended to help New York recover from
the terrorist attacks on September 11. The bill before the House today
breaks the solemn pledge; not only breaks it but repudiates the solemn
pledge made to the people of the State that suffered the brunt of the
attack on our Nation. It amends the bill passed by this House in
September and signed into law by the President in September that
appropriated $40 billion, and that said at least half that $40 billion
had to be used for reconstruction and recovery efforts in the States of
New York, Pennsylvania, and Virginia.
This supplemental bill, included in this appropriations bill, welshes
on that pledge and actually amends the law to cut that funding roughly
in half to about $10 billion. This is outrageous and, quite frankly,
shocking to those of us who represent districts that took the brunt of
the attack on September 11 and are still suffering from it.
For that reason, I will vote against this bill, though I support the
other provisions, and I had hoped to be able to vote for the first time
for a defense appropriation bill. But because of the cutting in half of
funding to New York, Virginia, and Pennsylvania in the supplemental
portion of this bill, I am going to have to vote against it, quite
reluctantly.
Mr. LEWIS of California. Mr. Chairman, I ask unanimous consent that
the remainder of the bill, through page 138, line 7, be considered as
read, printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
Mr. FILNER. Mr. Chairman, reserving the right to object, I have an
amendment on page 132 which I need to do before the gentleman moves on.
The CHAIRMAN. It is the Chair's understanding that the gentleman from
California (Mr. Filner) would be able to offer the amendment if there
was unanimous consent to the request of the gentleman from California
(Mr. Lewis).
Mr. LEWIS of California. I will have to raise a point of order on the
amendment.
Mr. FILNER. I understand, but I wanted to be sure I could offer the
amendment on page 132 under the gentleman's unanimous consent request.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Without objection, the bill is open for amendment
through title IX.
There was no objection.
The text of the bill from page 132, line 16, through page 138, line
7, is as follows:

[[Page H8474]]

TITLE IX

COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

Counter-Terrorism and Operational Response Transfer Fund

(including transfer of funds)

For urgent enhancements to intelligence and military
capabilities in order to prosecute Operation ENDURING
FREEDOM; to discover, infiltrate, and deter terrorist groups;
to protect against terrorist attacks that might employ either
conventional means or weapons of mass destruction, and to
prepare against the consequences of such attacks; to deny
unauthorized users the opportunity to modify, steal,
inappropriately disclose, or destroy sensitive military
intelligence data or networks, and to accelerate improvements
in information networks and operations, $1,670,000,000, to
remain available until expended, of which $451,000,000 shall
be made available to the Director of Central Intelligence,
and of which $1,219,000,000 shall be made available to the
Secretary of Defense: Provided, That of the amounts made
available under this heading for the Department of Defense,
$474,000,000 is available only for improving chemical and
biological defense capabilities of the Department of Defense:
Provided further, That of the amounts made available under
this heading for the Department of Defense, $275,000,000 is
available only for improving the effectiveness of Department
of Defense and intelligence agency capabilities in the areas
of information assurance, critical infrastructure protection,
and information operations: Provided further, That in order
to carry out the specified purposes under this heading, funds
made available under this heading may be transferred to any
appropriation account otherwise enacted by this Act: Provided
further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same
time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are excess for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That of the
amounts provided under this heading, $10,000,000 shall be
transferred to the Department of Justice, only for enhanced
terrorism-related financial and money laundering
investigation operations: Provided further, That
notwithstanding any other provision of law, of the amounts
provided under this heading, the Secretary of Defense is
authorized to transfer $70,000,000 to other activities of the
Federal Government: Provided further, That within 90 days of
enactment of this Act, the Secretary of Defense and the
Director of Central Intelligence shall each provide to the
Congress a classified report specifying the projects and
accounts to which funds provided under this heading are to be
transferred.

Former Soviet Union Threat Reduction

For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $403,000,000, to remain
available until September 30, 2004.

Procurement, Ballistic Missile Defense Organization

(including transfer of funds)

For expenses of the Ballistic Missile Defense Organization
necessary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor, not
otherwise provided for; expansion of public and private
plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $794,557,000, to remain
available for obligation until September 30, 2004: Provided,
That funds provided under this heading may be used for
procurement of critical parts for Patriot Advanced
Capability-3 (PAC-3) missiles to support production of such
missiles in future fiscal years.

Research, Development, Test and Evaluation, Ballistic Missile Defense
Organization

(including rescission)

For expenses of the Ballistic Missile Defense Organization
necessary for basic and applied scientific research,
development, test and evaluation; advanced research projects
as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $7,053,721,000, to
remain available for obligation until September 30, 2003:
Provided, That for funds provided under this heading the
minimum amount applicable under section 9(f)(1)(C) of the
Small Business Act (15 U.S.C. 638(f)(1)(C)) shall be
$75,000,000 (in lieu of the amount otherwise applicable under
that section): Provided further, That of the funds provided
in the Department of Defense Appropriations Act, 2001 (Public
Law 106-259), the amount of $73,800,000 is hereby rescinded
from the ``Procurement, Defense-Wide, 2001/2003'' account.

Defense Against Chemical and Biological Weapons, Defense-Wide

For expenses, not otherwise provided for, for chemical and
biological weapon defense programs of the Department of
Defense, as authorized by law, $1,065,940,000, of which
$363,709,000 shall be for Procurement, to remain available
for obligation until September 30, 2004, and $702,231,000
shall be for Research, Development, Test and Evaluation, to
remain available for obligation until September 30, 2003.

Defense Threat Reduction Agency

For expenses, not otherwise provided for, for the Defense
Threat Reduction Agency of the Department of Defense, as
authorized by law, $806,471,000, of which $305,393,000 shall
be for Operation and Maintenance, of which $50,000,000 shall
be available only to initiate a multi-year demonstration
program at four military installations to install, operate,
and evaluate a network of sensors to protect installations
against unconventional nuclear threats in accordance with the
deployment recommendations of the Defense Science Board Task
Force on Unconventional Nuclear Warfare Defense; $20,325,000
shall be for Procurement, to remain available for obligation
until September 30, 2004; and $480,753,000 shall be for
Research, Development, Test and Evaluation to remain
available for obligation until September 30, 2003, of which
$25,000,000 shall be available only for research and
development of systems to support the protection of military
installations against unconventional nuclear threats in
accordance with the recommendations of the Defense Science
Board Task Force on Unconventional Nuclear Warfare Defense.

Amendment Offered by Mr. Filner

Mr. FILNER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Filner:
Page 132, after line 15, insert the following:

SEC. 8156. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS
PERFORMING ACTIVE MILITARY SERVICE AS A RESERVE
OF THE ARMED FORCES OR MEMBER OF THE NATIONAL
GUARD.

(a) In General.--Subchapter IV of chapter 55 of title 5,
United States Code, is amended by adding at the end the
following:

``Sec. 5538. Nonreduction in pay while serving on active duty
as a Reserve or National Guard member

``(a) An employee who is absent from a position of
employment with the Federal Government in order to perform
active military service as a Reserve of the armed forces or
member of the National Guard shall be entitled to receive,
for each pay period described in subsection (b), an amount
equal to the amount by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not
been interrupted by that military service, exceeds (if at
all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for such active military
service; and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with
respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been
interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as
referred to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which
an employee is entitled to reemployment rights under chapter
43 of title 38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
military service.
``(c) Any amount payable under this section to an employee
shall be paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's
civilian employment had not been interrupted.
``(d) The Office of Personnel Management shall, in
consultation with Secretary of Defense, prescribe any
regulations necessary to carry out the preceding provisions
of this section.
``(e) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office,
prescribe procedures to ensure that the rights under this
section apply to the employees of such agency.

[[Page H8475]]

``(f) For purposes of this section--
``(1) the terms `employee' and `Federal Government' have
the same respective meanings as given them in section 4303 of
title 38;
``(2) the term `active military service' has the meaning
given the term `active service' in section 101 of title 10;
``(3) the term `employing agency', as used with respect to
an employee entitled to any payments under this section,
means the agency or other entity of the Government (including
an agency referred to in section 2302(a)(2)(C)(ii)) with
respect to which such employee has reemployment rights under
chapter 43 of title 38; and
``(4) the term `basic pay' includes any amount payable
under section 5304.''.
(b) Continued Eligibility for Health Benefits.--
(1) In general.--Section 8906 of title 5, United States
Code, is amended--
(A) by striking ``(e)(1)(A) An'' and inserting
``(e)(1)(A)(i) Except as provided in clause (ii), an'';
(B) by inserting after subsection (e)(1)(A)(i) (as so
redesignated by subparagraph (A)) the following:
``(ii) In the case of an employee enrolled in a health
benefits plan under this chapter who enters into leave
without pay status in order to perform active military
service as a Reserve of the armed forces or member of the
National Guard, such employee shall, if and while such
employee is entitled to nonreduction in pay under section
5538 (whether or not any amount is actually payable to such
employee under such section) remain eligible for continued
coverage under this paragraph, for himself and members of his
family--
``(I) for the period allowable under clause (i), or
``(II) for so long as such employee remains so entitled to
nonreduction in pay under section 5538,

whichever is longer.'';
(C) in subsection (e)(1)(B) by striking ``and'' at the end
of clause (i), by striking the period at the end of clause
(ii) and inserting ``; and'', and by adding after clause (ii)
the following:
``(iii) in the case of an employee described in
subparagraph (A)(ii), the employee contributions required by
this section shall be withheld from any amounts payable to
such employee under section 5538.''; and
(D) by adding at the end of subsection (e)(1) the
following:
``(D) The procedures referred to in subparagraphs (B)(ii)
and (C) shall, in the case of an employee described in
subparagraph (A)(ii), be available to the extent that any
amount payable to such employee under section 5538 is
insufficient to cover the withholdings required to be made
under subparagraph (B)(iii).''.
(2) Definitions.--For purposes of the amendment made by
paragraph (1), the terms ``employee'' and ``active military
service'' have the same respective meanings as given them in
section 5538 of title 5, United States Code (as amended by
subsection (a)).
(c) Clerical Amendment.--The table of sections for chapter
55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving on active duty as a Reserve
or National Guard member.''.

(d) Effective Date.--The amendments made by this section
shall apply with respect to pay periods (as described in
section 5538(b) of title 5, United States Code, as amended by
this section) beginning on or after September 11, 2001.

Mr. FILNER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on
the amendment.
The CHAIRMAN. The gentleman reserves a point of order. The gentleman
from California (Mr. Filner) is recognized for 5 minutes.
Mr. FILNER. Mr. Chairman, all across this country, reservists have
been called up to defend this Nation. They are doing this because they
are patriotic Americans. They do it willingly, and our country is
indebted to them. But these reservists face critical problems with
their budgets back home.
I have gotten letters, very emotional letters, from families, and I
am sure every Member has, that say, for example, ``My husband is a U.S.
Border Patrol agent and a reservist. On the evening of October 1, he
was called to duty and ordered to report for active duty on the next
day, October 2.'' She writes, ``I clearly understand this country is
headed for very stressful, difficult and unpredictable times, and it is
our duty to serve. But we have three children ages 1, 6 and 8, and our
6-year-old is autistic and has special needs. At this point, the
country is not willing to provide me with enough money to meet his
needs for the next 11 months. I cannot afford any out-of-pocket money
to provide him any additional income.''
There are other letters from people who face losing their homes
because they cannot keep up with the mortgage, they cannot keep their
children in school because of the sudden reduction in their take-home
pay.
My amendment says that for Federal employees, this Nation ought to
make up the difference between their pay as a reservist and their pay
in their normal job. This is absolutely critical to the budgets of
people all across this country. And not only will it prevent those
families from themselves becoming victims of the terrorist attack but
will certainly improve the morale of all of our fighting forces.
Now, many of my colleagues know that municipalities across this
country, and States, many private corporations, make up the difference
between the pay they had before they went on call and the pay they
receive while on duty at the present time. But the Federal Government
does not. My amendment says let us make up the difference between
regular Federal pay and the Reserve and Guard pay.

{time} 1400

If their active duty lasts for a length of time that would normally
preclude their continuation in the Federal health plan, my amendment
would allow these Guard and Reserve members to continue paying their
portion of Federal health care rather than moving their families to the
Tricare military family health care system.
This is the least we can do for Guard and reservists who have
unselfishly committed themselves to serving our country at a moment's
notice. Their service makes our military function smoothly. But the
Federal Government ought to do for our reservists and Guard members
what other employers across this country are doing, continuing their
regular pay. I ask Members' support for this amendment.
Let me read from another constituent of mine in support of this
amendment: ``In civilian employment my husband is a Federal agent in
the United States Border Patrol. Due to his full-time military
activation, we will be receiving a substantial loss in income, 50
percent reduction, in fact. It will be extremely difficult for our
family to continue to pay our existing bills. As per the Soldiers and
Sailors Relief Act, I have requested our creditors to lower their
interest rates no more than 6 percent. My husband and I have worked
very hard to this point in our lives. We are home owners with a very
large mortgage payment. Our current interest rate is 7.75 percent.''
The CHAIRMAN. The gentleman's time has expired.
Mr. LEWIS of California. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I say to the gentleman from California (Mr. Filner)
that which I have heard him describe of his amendment I would be very
empathetic to, I believe. It seems very logical to me; but since it has
implications in terms of cost that could put the whole bill in jeopardy
potentially, and the same people the gentleman is talking about could
be dramatically affected by that, and since the gentleman has not
discussed this matter with me at any time, I do not know about the
ranking member, but me at any time, I am afraid I must be constrained
to object.

Point of Order

The CHAIRMAN. Does the gentleman insist on his point of order?
Mr. LEWIS of California. I do.
Mr. FILNER. Mr. Chairman, can the Chair explain the point of order? I
would like to respond to it.
The CHAIRMAN. Would the gentleman from California (Mr. Lewis) please
state his point of order.
Mr. LEWIS of California. Mr. Chairman, I made a point of order
against the amendment because it proposes to change existing law and
continues legislation in an appropriations bill, and therefore violates
clause 2 of rule XXI.
The CHAIRMAN. Does the gentleman from California wish to be heard on
the point of order?
Mr. FILNER. I do, Mr. Chairman.
The CHAIRMAN. The gentleman may proceed.
Mr. FILNER. Mr. Chairman, I understand the point of order and I
understand the technicality. We are in emergency, Mr. Chairman. These
issues

[[Page H8476]]

come to us very quickly. When my constituents were called up a few
weeks ago, I do not have time to go through our normal processes. The
gentleman knows that there are dozens of things in this bill that
legislate on the appropriations bill. Let us not use a technicality to
say to our reservists that they cannot keep their families in their
homes, keep their kids in schools, keep their kids getting medical
attention. I would say to the gentleman this is an emergency, let us
not go on a technicality. I would hope that we would respect the
fighting forces, the fighting capability of our Reserve units and
accept this amendment.
The CHAIRMAN. The Chair is prepared to rule on the point of order.
The Chair finds that this amendment directly amends existing law. The
amendment, therefore, constitutes legislation in violation of clause 2
of rule XXI. The point of order is sustained, and the amendment is not
in order.
Mr. FILNER. Mr. Chairman, I appeal the ruling of the Chair given the
fact that we have an emergency situation here and my constituents are
in a disastrous situation. I would challenge the ruling of the Chair.
The CHAIRMAN. The question is, Shall the decision of the Chair stand
as the judgment of the Committee?
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. FILNER. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN. Evidently a quorum is not present.
Pursuant to clause 2, rule XXI, the Chair announces that he will
reduce to a minimum of 5 minutes the period of time within which a vote
by electronic device, if ordered, will be taken on the pending question
following the quorum call.
Members will record their presence by electronic device.
The call was taken by electronic device.
The following Members responded to their names:

[Roll No. 455]

ANSWERED ``PRESENT''--409

Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Deal
DeGette
Delahunt
DeLauro
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Flake
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Ganske
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Lynch
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, George
Miller, Jeff
Mink
Mollohan
Moore
Moran (KS)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Olver
Ortiz
Osborne
Otter
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOT VOTING--23

Carson (IN)
Cubin
Davis, Tom
DeFazio
DeLay
Dooley
Ford
Frank
Frost
Gekas
Gutierrez
Kennedy (RI)
Maloney (CT)
Moran (VA)
Obey
Ose
Oxley
Quinn
Slaughter
Smith (MI)
Stark
Watts (OK)
Wexler

{time} 1428

The CHAIRMAN. Four hundred nine Members have answered to their names,
a quorum is present, and the Committee will resume its business.

Recorded Vote

The CHAIRMAN. The pending business is the demand for a recorded vote
on the question of whether the decision of the Chair will stand as the
judgment of the Committee.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 275,
noes 141, not voting 17, as follows:

[Roll No. 456]

AYES--275

Abercrombie
Aderholt
Akin
Andrews
Armey
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capuano
Cardin
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Costello
Cox
Cramer
Crane
Crenshaw
Culberson
Cunningham
Davis (FL)
Davis, Jo Ann
Deal
DeMint
Diaz-Balart
Dicks
Doggett
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Evans
Everett
Fattah
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frank
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hansen
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kerns
Kilpatrick
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Lampson
Largent

[[Page H8477]]

Larson (CT)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (KY)
Lucas (OK)
Manzullo
Mascara
McCrery
McHugh
McInnis
McKeon
Meek (FL)
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Mollohan
Moore
Moran (KS)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Obey
Ortiz
Osborne
Ose
Otter
Pascrell
Pastor
Paul
Pence
Peterson (PA)
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sabo
Sawyer
Saxton
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (NJ)
Smith (TX)
Snyder
Souder
Stearns
Stenholm
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Wu
Young (AK)
Young (FL)

NOES--141

Ackerman
Allen
Baca
Baird
Baldwin
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Brown (OH)
Capps
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Coyne
Crowley
Cummings
Davis (CA)
Davis (IL)
DeGette
Delahunt
DeLauro
Deutsch
Dingell
Edwards
Engel
Eshoo
Etheridge
Farr
Filner
Gephardt
Gordon
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Holt
Honda
Hooley
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kennedy (RI)
Kildee
Kind (WI)
Kleczka
Kucinich
LaFalce
Langevin
Lantos
Larsen (WA)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Luther
Lynch
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Moran (VA)
Nadler
Napolitano
Neal
Oberstar
Olver
Owens
Pallone
Payne
Pelosi
Peterson (MN)
Price (NC)
Rivers
Rodriguez
Ross
Roybal-Allard
Rush
Sanchez
Sanders
Sandlin
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Smith (WA)
Solis
Spratt
Stark
Strickland
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Woolsey
Wynn

NOT VOTING--17

Carson (IN)
Cubin
Davis, Tom
DeFazio
DeLay
Dooley
Ehrlich
Ford
Frelinghuysen
Frost
Maloney (CT)
Oxley
Petri
Quinn
Slaughter
Smith (MI)
Wexler

{time} 1438

Ms. LOFGREN, Mr. CONDIT and Mr. THOMPSON of California changed their
vote from ``aye'' to ``no.''
Mr. SKELTON, Mr. VISCLOSKY and Mr. LUCAS of Kentucky changed their
vote from ``no'' to ``aye.''
So the decision of the Chair stands as the judgment of the Committee.
The result of the vote was announced as above recorded.

Amendment No. 6 Offered by Mr. Kucinich

Mr. KUCINICH. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 6 offered by Mr. Kucinich:
Page 133, lines 7 and 9, after each dollar amount, insert
the following: ``(increased by $289,000,000)''.
Page 136, line 13, after the dollar amount, insert the
following: ``(reduced by $786,485,000)''.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order
against the amendment.
The CHAIRMAN. The gentleman reserves a point of order against the
amendment.
The gentleman from Ohio (Mr. Kucinich) is recognized for 5 minutes.
Mr. KUCINICH. Mr. Chairman, I recognize the chairman's point of
order; and at the appropriate time, I will make a unanimous consent
request.

Parliamentary Inquiry

Mr. SPRATT. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. SPRATT. Could the Chair inform the House at what page we are in
the bill?
The CHAIRMAN. Title IX is open to amendment at any point.
Mr. KUCINICH. Mr. Chairman, the Kucinich-Lee counterterrorism
amendment to H.R. 3338, Department of Defense appropriations, increases
money for counterterrorism, significantly increases funding for anthrax
and smallpox vaccine production, $82 million, and provides for a mass
destruction civil support team in every State.
It significantly boosts the Nunn-Lugar counterproliferation program
to help secure tons of biological, chemical, and nuclear weapons
material in the former Soviet Union, and the offset is $78 million out
of the $8 billion for ballistic missile defense, less than a 10 percent
cut.
It cuts funding for construction for Fort Greely, where initial
deployment threatens the ABM treaty. This transfer is the most allowed
under budget scoring rules.
Mr. Chairman, I think it is very important that at this time we take
a stand to recognize the importance of the ABM treaty. The deployment
of this program would threaten that treaty. I think it is important
that we take a stand to put more funds into counterterrorism. That is
the spirit of this amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. LEE. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, I rise in strong support today of this amendment to
address our most urgent security needs by increasing funding for
counterterrorism programs, to protect Americans from nuclear, chemical,
and biological weapons. They are the threats that we face today, this
very minute; and we have many ideas on how to address them.
The Bipartisan Russia Task Force, chaired by Howard Baker and Lloyd
Cutler, spelled out these dangers in January and they spelled out the
recommendations. They concluded that current budget levels for our
nonproliferation programs create the potential for catastrophic
consequences, and we have already seen what a handful of anthrax-laden
letters can do. Think about the danger posed by tons of biological,
chemical, and nuclear weapons.

{time} 1445

We now have the opportunity to forge a new relationship with Russia
and other former Soviet Union States as we work together to fight
terrorism. But that opportunity requires a real investment in joint
security efforts to safeguard these weapons and the scientists who
might be tempted to sell their knowledge to the highest bidder. Nunn-
Lugar is a crucial bipartisan program that should be expanded and
coordinated into a comprehensive strategic plan to eliminate these
stockpiles of destruction. These dangers are imminent.
For all of these reasons, I support increasing funding for
antiterrorism programs in the Kucinich amendment. This amendment
redirects a fraction of the billions allocated to ballistic missile
defense in order to address dangers that are clear and immediate with
solutions that are also clear and immediate. This amendment seeks to
strengthen our defenses at home by transferring $82 million to produce
anthrax and smallpox vaccines, to develop next-generation vaccines, and
to work on methods to counter other biological weapons. The threat of
bioterrorism is a reality, and we are not ready for it. We lack the
vaccines, the health infrastructure, and the defenses to protect
American men, women and children.
This amendment will also direct money to Weapons of Mass Destruction
Civil Support Teams. We must be able to react to crises as they occur.
Nearly half of our States do not have civil support teams to deal with
these dangers, so as we respond to the atrocities of September 11, we
must reconstruct the architecture of our national security. We must
invest in securing and dismantling Cold War-era weapons of

[[Page H8478]]

mass destruction before they are turned against us in this new century
by our new enemies, and we must invest in defenses here at home against
biological terrorism.
Mr. Chairman, I urge my colleagues to make this investment, and I
urge my colleagues to support this amendment.
Mr. DICKS. Mr. Chairman, The Kucinich-Lee amendment has a laudable
goal, to increase funding for counter terrorism. I agree with the
priorities indicated by the amendment, counter terrorism is more
important than missile defense. But, the amendment is fatally flawed in
terms of policy and funding.

It cuts a half billion dollars from the Defense bill without
replacement. This cut to Defense is unacceptable, especially at this
time.
The amendment would cut the funding for a proposed test launch
facility at Kodiak Island. This facility will allow DOD to perform
tests which are more rigorous and realistic than those possible at
current test sites at Kwajalein and Vandenberg. It also cuts funding to
upgrade the sensors and launch capabilities at Kwajalein and Vandenberg
which will hinder rigorous missile defense testing.
Because of its cuts to Kodiak, Kwajalein and Vandenberg, the
amendment reduces the level of testing of missile defense technology
when the right thing to do is increase the level of testing of these
technologies for the very reason that they are not yet mature.
Opposition to this amendment does not indicate support for the entire
Pacific Testbed as proposed by the administration. The proposed
construction at Ft. Greely remains premature, unnecessary, and
unwarranted by the state of missile defense technology. However, this
amendment cuts needed facilities in addition to the Ft. Greely
construction.
Mr. Lewis and Mr. Murtha have negotiated responsible cuts to the
administration's request for missile defense totaling over $500
million. While I agree that some more cuts are warranted, this
amendment goes too far.
Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite
number of words.
It is my intention to reserve a point of order, but I understand that
the gentleman from Ohio (Mr. Kucinich) would like to be recognized for
a unanimous consent request, and so I yield to the gentleman.
Mr. KUCINICH. Mr. Chairman, I thank the gentleman.
Mr. KUCINICH. Mr. Chairman, respecting the point of order that the
Chair has raised, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.

Amendment Offered by Mr. Spratt

Mr. SPRATT. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Spratt:
Page 136, line 13, after the dollar amount, insert the
following: ``(increased by $360,000,000) (reduced by
$360,000,000)''.

Mr. SPRATT. Mr. Chairman, this bill increases missile defense by $2.6
billion to $2.7 billion, 50 percent over last year's level, but it ends
a system that everyone has long thought essential to missile defense,
and that is a program called ``SBIRS-Low,'' for Space-Based Infrared
Sensors.
Ever since the beginning of SDI, space-based sensors have been a key
element of the architecture. Their role is to pick up the oncoming
reentry vehicles, shortly after they are launched, well over radar's
horizon, track them, plot the trajectory, project their aim points, and
watch for features that distinguish the real RVs from decoys. Over the
last 18 years, ballistic missile defense has evolved through various
options to a system called SBIRS-Low to handle this mission. These are
satellite sensors in low-Earth orbit, some 18 to 30 in all, depending
on the configuration, and they are on constant patrol or will be, once
launched, in circling the globe.
Now comes this bill and, out of the blue, kills SBIRS-Low, a program
some 6 or 7 years old. My amendment would bring it back, restore
funding to the level that was approved by the House Committee on Armed
Services and by the Senate Armed Services Committee, to $360 million,
which is $25 million below the President's request.
While this bill terminates SBIRS-Low, it recognizes the critical need
for such a system. In fact it directs the Department of Defense to
start over, to set up two new R&D programs, where $250 million would go
to a space-based alternative, $75 million would go into ground-based
alternatives, which would probably be X-band radars. My amendment, as I
said, reverses this action and restores funding to SBIRS-Low.
Let me explain why SBIRS-Low is critical to national missile defense
but also to theater missile defense. First of all, SBIRS-Low allows a
mid-course interceptor to make the most of its biggest advantage, which
is time. The mid-course takes as much as 30 minutes during which an RV
moves in its trajectory toward its target. Without satellite sensors
over the horizon, radar gives missile defenses about half this amount
of time to track, to launch, and to make the intercept. This is
precious time. It could easily make the difference between success and
failure.
Second, infrared sensors not only detect heat, but changes in heat,
something radars cannot do. Many countermeasures like decoys and
balloons lose heat faster than do reentry vehicles, so SBIRS-Low
becomes the first device we have to detect these changes and
discriminate between real RVs as opposed to decoys and countermeasures.
Third, ground-based systems will have X-band radar to help them track
their incoming radar, but X-band radar is not a volume search radar; it
emits a beam that provides high-resolution feedback, but it is a
pencil-point beam. It is very narrow. SBIRS-Low spares the X-band radar
from having to scan the skies and directs it precisely to its target.
This makes X-band radar more efficient and effective and reduces the
so-called ``engagement box'' to which the kill vehicle is launched,
which increases the probability of an intercept.
Finally, SBIRS-Low provides redundancy. It provides several different
modes for detecting oncoming systems and it also provides backup in
case the radar is not working.
Now, I would hasten to say all of these features have yet to be
proven, but the system is well along, the potential has been
demonstrated. If it is not in hand, it appears to be within reach, and
this is why SBIRS-Low is crucial, critical, for ground-based defenses,
but it pays for itself in other ways, too:
Theater missile defense. It expands the reach of THAAD in the Navy's
upper tier. Second, at the same time that SBIRS-Low is on station, it
can pick up some very useful technical intelligence data. Third, it can
do miscellaneous other things. It can look for objects in space that
might be on a collision course with our satellites and report that back
to us.
The committee bases its decision to terminate this in large part on
an unreleased study that is still in draft at the Institute for Defense
Analysis. I met with the author of this study, along with the gentleman
from Pennsylvania (Mr. Weldon) and the gentleman from California (Mr.
Hunter), and it seems to me, in all due respect, that the information
in the draft report given to the Subcommittee on Defense was in large
part beyond its means. The subcommittee appears to me to be
extrapolating from a worst-case scenario to a judgment on the system in
all scenarios.
In particular, part of the IDA report examined one specific national
missile attack, the most sophisticated of all scenarios, and assumed a
minimum SBIRS-Low capability. It then compared SBIRS-Low in what
amounts to a worst-case capability scenario to an alternative
consisting of ground-based radars spread throughout the world. This
assumed, of course, that the U.S. would have no difficulty in obtaining
these ground-based radars. In any event, it ignored many other
scenarios where SBIRS-Low is cost effective, very effective, and it
ignored all the other missions that SBIRS-Low can perform.
The committee is also concerned about cost growth.
The CHAIRMAN. The time of the gentleman from South Carolina (Mr.
Spratt) has expired.
(By unanimous consent, Mr. SPRATT was allowed to proceed for 1
additional minute.)
Mr. SPRATT. Mr. Chairman, let me just quickly say the Air Force
originally assumed 21 satellites; it has now gone to 30. Get ready,
this is going to be what happens to all of these component missile
defense systems as it gets closer and closer, and the real cost is
going up.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. SPRATT. I yield to the gentleman from Pennsylvania.

[[Page H8479]]

Mr. MURTHA. Mr. Chairman, the gentleman has made some good points and
we are certainly going to take a look at this. As he says, we have
based this on carefully conforming to a cut that we thought would not
harm it, but we are certainly going to take a look at the information
that he has given to us.
Mr. SPRATT. Mr. Chairman, I thank the gentleman. I was going to say
to the distinguished chairman of this subcommittee, for whom I have
great respect, I know the gentleman made a principal decision here. I
hope he will go back and consider it again before the conference is
out, talk to the folks at IDA and talk to the folks at BPDO.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. SPRATT. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, by way of responding to the
gentleman, I very much appreciate the professional way the gentleman is
addressing this very important issue. As the gentleman knows, I have
been a long-term supporter of this idea, this technology. We now think
it is important that we emphasize the research side because we see the
possibility of some rush to failure here. But in the meantime, it is
not our intent to kill this program, and we appreciate the gentleman's
cooperation.
Mr. SPRATT. Mr. Chairman, I thank the gentleman for his assurance.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
South Carolina?
There was no objection.

Amendment Offered by Mr. Gilman

Mr. GILMAN. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Gilman:
At the end of division A, insert after the last section
(preceding the short title) the following:

TITLE IX--ADDITIONAL GENERAL PROVISIONS

SEC. 9001. SHORT TITLE.

This title may be cited as the ``Afghanistan Freedom Act of
2001''.

SEC. 9002. UNITED STATES POLICY TOWARD AFGHANISTAN.

It should be the policy of the United States to promote the
removal from power of the Taliban regime in Afghanistan so as
to diminish the risk of future terrorist attack on the United
States and restore basic human freedoms to the people of
Afghanistan.

SEC. 9003. AUTHORITY TO PROVIDE MILITARY ASSISTANCE.

(a) In General.--
(1) Types of assistance.--(A) To the extent funds are
appropriated in any fiscal year for these purposes, the
President may provide, on such terms and conditions as he may
determine, defense articles, defense services, and other
support (including training) to eligible Afghan resistance
organizations, entities, and individuals, eligible foreign
countries, and eligible international organizations.
(B) The President is authorized to direct the drawdown of
defense articles, defense services, and military education
and training for eligible Afghan resistance organizations,
entities, and individuals, eligible foreign countries, and
eligible international organizations.
(C) The Secretary of Defense is authorized to reimburse any
eligible foreign country or eligible international
organization for supplies, services, or other support
provided by such country or organization between September
11, 2001, and the date of the enactment of this Act in
support of United States activities authorized under Public
Law 107-40.
(D) The assistance authorized under subparagraphs (A) and
(B) and under the Iraq Liberation Act of 1998 (Public Law
105-338) may include the supply of defense articles, defense
services, other support, and military education and training
that are acquired by contract or otherwise.
(2) Amount of assistance.--The aggregate value (as defined
in section 644(m) of the Foreign Assistance Act of 1961) of
assistance provided under paragraph (1)(B) may not exceed
$300,000,000, provided that such limitation shall be
increased by any amounts appropriated pursuant to the
authorization of appropriations in subsection (c)(2)(A).
(b) Eligibility.--
(1) Eligible afghan resistance organizations, entities, and
individuals.--An Afghan resistance organization, entity, or
individual shall be eligible to receive assistance under
subsection (a) if such organization, entity, or individual is
committed to--
(A) the removal from power of the Taliban regime in
Afghanistan;
(B) the suppression of terrorism and the surrender or
removal from Afghanistan of all international terrorists,
including perpetrators of the September 11, 2001, attack on
the United States; and
(C) the establishment in Afghanistan of a government
committed to respecting internationally recognized human
rights and suppression of narcotics trafficking.
(2) Eligible foreign countries and eligible international
organizations.--A foreign country or international
organization shall be eligible to receive assistance under
subsection (a) if such foreign country or international
organization is participating in or supporting United States
military activities authorized under Public Law 107-40, or is
participating in military, peacekeeping, or policing
operations in Afghanistan aimed at restoring or maintaining
peace and security in that country, except that no country
the government of which has been determined by the Secretary
of State to have repeatedly provided support for acts of
international terrorism under section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 6(j)(1) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), or section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)) shall be eligible to receive assistance
under subsection (a).
(c) Reimbursement for Assistance.--
(1) In general.--Defense articles, defense services, and
military education and training provided under subsection
(a)(1)(B) shall be made available without reimbursement to
the Department of Defense except to the extent that funds are
appropriated pursuant to the authorization of appropriations
under paragraph (2)(A).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated to
the President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 644(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under subsection (a)(1)(B).
(B) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A) are
authorized to remain available until expended, and are in
addition to amounts otherwise available for the purposes
described in this section.
(d) Authority To Provide Assistance.--
(1) Eligible afghan resistance organizations, entities, and
individuals.--Assistance to eligible Afghan resistance
organizations, entities, and individuals under this section
may be provided notwithstanding any other provision of law.
(2) Eligible foreign countries and eligible international
organizations.--
(A) Authority.--The President may provide assistance under
this section to any eligible foreign country or any eligible
international organization notwithstanding any other
provision of law (other than provisions of this section) if
the President determines that such assistance is important to
the national security interest of the United States and
reports such determination to the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate at least five days in
advance of providing such assistance.
(B) Report.--The report described in subparagraph (A) shall
include information relating to the type and amount of
assistance proposed to be provided and the actions that the
proposed recipient of such assistance has taken or has
committed to take.
(e) Sunset.--The authority of this section shall expire on
September 30, 2004.

SEC. 9004. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE
TALIBAN BY THE UNITED NATIONS SECURITY COUNCIL.

(a) Reports to Congress.--Not later than one month after
the date of the enactment of this Act, and every three months
thereafter until the President determines and reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the Taliban no longer exercises power in any part
of Afghanistan, the President shall submit to such committees
a report that identifies the government of each foreign
country with respect to which there is credible information
that the government has, on or after the date of the
enactment of this Act, violated, or permitted persons subject
to its jurisdiction to violate, measures directed against the
Taliban pursuant to United Nations Security Council
Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or
pursuant to any other United Nations Security Council
resolution adopted under the authority of Chapter VII of the
Charter of the United Nations.
(b) Content of Reports.--Each report submitted under
subsection (a) shall detail with respect to each government
of a foreign country identified in such report the nature of
the violation (other than violations detailed in previous
reports submitted pursuant to this section), and shall
evaluate--
(1) the importance of the violation to the efforts of the
Taliban to remain in power in Afghanistan;
(2) the importance of the violation to the efforts of
terrorist groups to continue operating from Afghanistan; and
(3) the risk posed by such violation to the safety of the
United States Armed Forces and the armed forces of other
countries acting in coalition with the United States.

SEC. 9005. SUBMISSION OF DETERMINATIONS AND REPORTS IN
CLASSIFIED FORM.

When the President considers it appropriate, determinations
and reports to the Committee on International Relations of
the House of Representatives and the Committee

[[Page H8480]]

on Foreign Relations of the Senate submitted under this
title, or appropriate parts thereof, may be submitted in
classified form.

Mr. GILMAN (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
Mr. MURTHA. Mr. Chairman, I reserve a point of order against the
amendment.
Mr. GILMAN. Mr. Chairman, my amendment places Congress on record in
support of the men and women in our Armed Forces as they proceed to
dismantle the Taliban rule in Afghanistan and to restore peace and
stability and security to that part of the world.
This amendment is based on a bill I introduced last month, entitled
the Afghanistan Freedom Act of 2001, H.R. 3088. I was pleased to be
joined in offering that measure by the gentleman from New York (Mr.
Ackerman), the ranking Democratic member of the subcommittee that I
chair, the Subcommittee on the Middle East and South Asia. Since we
introduced that measure on October 11, we have been supported by a
total of 81 cosponsors on both sides of the aisle.
We have worked with the Bush administration over the past month,
particularly with the Department of Defense, to refine some of the
language in order to maximize its usefulness to the administration in
the current war on terrorism. My amendment incorporates those
refinements, and I am assured that as currently written, my amendment
enjoys the strong support of the administration and, particularly, the
Department of Defense.
Essentially, Mr. Chairman, my amendment provides three important
elements. First, it reaffirms and should be the policy of our Nation to
promote the ultimate removal from power of the Taliban regime in
Afghanistan so as to diminish the risk of any future terrorist attack
in the United States; and second, it gives the administration an
important drawdown authority to provide military assistance to
antiTaliban resistance organizations in Afghanistan, as well as to any
foreign countries and international organizations which are assisting
in the U.S. military actions that Congress authorized in the wake of
the September 11 attack on our Nation; and third, it requires periodic
reports to the Congress regarding any violations of U.N. sanctions on
armed sales and provisions of other assistance to the Taliban.
As we debate this measure, our Nation is fully engaged in the war
against the Taliban. Our Defense Department has ensured me that the
enactment of my amendment will significantly enhance the ability of our
Nation to win both the war and the subsequent peace in Afghanistan.
Accordingly, I urge my colleagues to provide this important tool to our
President and to our armed forces by agreeing to this amendment.

Point of Order

Mr. MURTHA. Mr. Chairman, I make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. MURTHA. Mr. Chairman, I insist on my point of order. The
amendment by the gentleman from New York (Mr. Gilman) violates clause 2
of rule XXI, the section on legislation of an appropriations bill.
The CHAIRMAN. Does the gentleman from New York (Mr. Gilman) wish to
be heard on the point of order?
Mr. GILMAN. Mr. Chairman, I regret that the ranking minority member
has reserved on a point of order, and based on my respect for him, I
ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.

{time} 1500

The CHAIRMAN. If there are no further amendments to this portion of
the bill, the Clerk will continue to read.
The Clerk read as follows:
This division may be cited as the ``Department of Defense
Appropriations Act, 2002''.

DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Office of the Secretary

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Office of
the Secretary'', $4,582,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Agriculture Buildings and Facilities and Rental Payments

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Agriculture Buildings and Facilities and Rental Payments'',
$2,875,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

Agricultural Research Service

Salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $5,635,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Animal and Plant Health Inspection Service

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $8,175,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

buildings and facilities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Buildings
and Facilities'', $14,081,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Food Safety and Inspection Service

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Food
Safety and Inspection Service'', $9,800,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, and for other
expenses necessary to support activities related to
countering potential biological, disease, and chemical
threats to civilian populations, for ``Food and Drug
Administration, Salaries and Expenses'', $104,350,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

Amendment Offered by Mr. Obey

Mr. OBEY. Mr. Chairman, I ask unanimous consent to offer an
amendment.
The CHAIRMAN. Is there objection to considering the amendment at this
stage of the reading?
There was no objection.
The CHAIRMAN. The Clerk will report the amendment.
The Clerk read as follows:

Amendment offered by Mr. Obey:
Page 138, strike line 10 and all that follows through page
194, line 7, and insert the following:

DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:

CHAPTER 1--DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Office of the Secretary

For an additional amount for ``Office of the Secretary'',
to respond to the September 11, 2001 terrorist attacks on the
United States, $45,148,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Agricultural Research Service

buildings and facilities

For an additional amount for ``Buildings and Facilities'',
to respond to the September 11, 2001 terrorist attacks on the
United States, $600,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as

[[Page H8481]]

defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Food Safety and Inspection Service

For an additional amount for ``Food Safety and Inspection
Service'', to respond to the September 11, 2001 terrorist
attacks on the United States, $800,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

salaries and expenses.

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $369,550,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For an additional amount for ``Commodity Futures Trading
Commission'', to respond to the September 11, 2001 terrorist
attacks on the United States, $6,495,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

CHAPTER 2--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES

DEPARTMENT OF JUSTICE

General Administration

administrative review and appeals

For an additional amount for ``Administrative Review and
Appeals'', to respond to the September 11, 2001 terrorist
attacks on the United States, $3,500,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Legal Activities

salaries and expenses, general legal activities

For an additional amount for ``Salaries and Expenses,
General Legal Activities'', to respond to the September 11,
2001 terrorist attacks on the United States, $12,500,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

salaries and expenses, united states attorneys

For an additional amount for ``Salaries and Expenses,
United States Attorneys'', to respond to the September 11,
2001 terrorist attacks on the United States, $74,600,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

salaries and expenses, united states marshals service

For an additional amount for ``Salaries and Expenses,
United States Marshals Service'', to respond to the September
11, 2001 terrorist attacks on the United States, $11,100,000,
to remain available until expended: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Federal Bureau of Investigation

salaries and expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $1,107,062,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Immigration and Naturalization Service

salaries and expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $409,600,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

construction

For an additional amount for ``Construction'', to respond
to the September 11, 2001 terrorist attacks on the United
States, $128,149,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Office of Justice Programs

justice assistance

For an additional amount for ``Justice Assistance'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $400,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.
For an additional amount for such purpose, $150,000,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

state and local law enforcement assistance

For an additional amount for ``State and Local Law
Enforcement Assistance'', to respond to the September 11,
2001 terrorist attacks on the United States, $17,100,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

crime victims fund

For an additional amount for ``Crime Victims Fund'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $68,100,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of

[[Page H8482]]

the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For an additional amount for ``Operations and
Administration'', to respond to the September 11, 2001
terrorist attacks on the United States, $4,969,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Export Administration

operations and administration

For an additional amount for ``Operations and
Administration'', to respond to the September 11, 2001
terrorist attacks on the United States, $8,585,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

National Telecommunications and Information Administration

public telecommunications facilities, planning and construction

For an additional amount for emergency grants authorized by
section 392 of the Communications Act of 1934 to respond to
the September 11, 2001 terrorist attacks on the United
States, $13,000,000, to remain available until expended:
Provided, That, notwithstanding any other law, the matching
requirement otherwise applicable to such grants shall not
apply to the amounts made available under this heading:
Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Oceanic And Atmospheric Administration

operations, research, and facilities

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Operations, Research, and Facilities'', $750,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

procurement, acquisition and construction

For an additional amount for ``Procurement, Acquisition and
Construction'', to respond to the September 11, 2001
terrorist attacks on the United States, $14,000,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Departmental Management

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $13,386,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

THE JUDICIARY

Supreme Court of the United States

care of the building and grounds

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Care of
the Building and Grounds'', $10,000,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $82,921,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

court security

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Court
Security'', $90,700,000, to remain available until expended,
of which $4,000,000 shall be available to reimburse the
United States Marshalls Service for a Supervisory Deputy
Marshal responsible for coordinating security in each
judicial district and circuit: Provided, That the funds may
be expended directly or transferred to the United States
Marshals Service: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Administrative Office Of the United States Courts

salaries and expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $2,879,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For an additional amount for ``Diplomatic and Consular
Programs'', to respond to the September 11, 2001 terrorist
attacks on the United States, $30,000,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Broadcasting Board of Governors

international broadcasting operations

For an additional amount for ``International Broadcasting
Operations'', to respond to the September 11, 2001 terrorist
attacks on the United States, $9,200,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

broadcasting capital improvements

For an additional amount for ``Broadcasting Capital
Improvements'', to respond

[[Page H8483]]

to the September 11, 2001 terrorist attacks on the United
States, $10,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Equal Employment Opportunity Commission

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,301,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Securities and Exchange Commission

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $20,705,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Small Business Administration

disaster loans program account

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Disaster
Loans Program Account'', $150,000,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

GENERAL PROVISIONS

Sec. 201. For purposes of assistance available under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) to small business concerns located in disaster
areas declared as a result of the September 11, 2001
terrorist attacks, (1) the term ``small business concern''
shall include not-for-profit institutions and small business
concerns described in subsectors 522, 523, and 524 of the
North American Industry Classification System codes (as
described in 13 C.F.R. 121.201, as in effect on January 2,
2001), except for depository financial institutions; and (2)
the Administrator may apply such size standards as may be
promulgated under such section 121.201 after the date of
enactment of this provision, but no later than January 1,
2002.
Sec. 202. Notwithstanding any other provision of law, the
limitation on the total amount of loans under section 7(b) of
the Small Business Act (15 U.S.C. 636(b)) outstanding and
committed to a borrower in the disaster areas declared in
response to the September 11, 2001 terrorist attacks shall be
increased to $10,000,000.
Sec. 203. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995, and section 15 of the State Department Basic
Authorities Act of 1956.

CHAPTER 3--DEPARTMENT OF DEFENSE, MILITARY

DEPARTMENT OF DEFENSE

Military Operation and Maintenance Defense Emergency Response Fund

(including transfer of funds)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Defense
Emergency Response Fund'', $7,242,911,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38, as follows:
(1) For increased situational awareness, $1,735,000,000.
(2) For enhanced force protection, $742,911,000, of which
$40,000,000 shall be available only for biological weapons
proliferation prevention activities under the Former Soviet
Union Threat Reduction Program, of which $30,000,000 shall be
transferred to ``Department of State, Nonproliferation, Anti-
Terrorism, Demining, and Related Programs'' only for the
purpose of supporting expansion of the Biological Weapons
Redirect and International Science and Technology Centers
programs, to prevent former Soviet biological weapons experts
from emigrating to proliferant states and to reconfigure
former Soviet biological weapons production facilities for
peaceful uses.
(3) For improved command and control, $162,000,000.
(4) For increased worldwide posture, $2,801,000,000.
(5) For offensive counterterrorism, $769,000,000, of which
$237,000,000 is for the Special Operations Command.
(6) For initial crisis response, $108,000,000.
(7) For the Pentagon Reservation Maintenance Revolving
Fund, $925,000,000: Provided, That none of the funds provided
under this heading in this chapter may be used for
appropriations for military construction and military family
housing.

General Provisions

(including transfer of funds)

Sec. 301. Amounts available in the ``Defense Emergency
Response Fund'' (the ``Fund'') shall be available for the
purposes set forth in the 2001 Emergency Supplemental
Appropriations Act for Recovery from and Response to
Terrorist Attacks on the United States (Public Law 107-38):
Provided, That the Fund may be used to reimburse other
appropriations or funds of the Department of Defense,
including activities of the National Foreign Intelligence
Program funded in defense appropriations Acts, only for costs
incurred for such purposes on or after September 11, 2001:
Provided further, That the Fund may be used to liquidate
obligations incurred by the Department of Defense under the
authorities in section 3732 of the Revised Statutes (41
U.S.C. 11; popularly known as the ``Food and Forage Act'')
for any costs incurred for such purposes between September 11
and September 30, 2001: Provided further, That the Secretary
of Defense may transfer to the Fund amounts from any current
appropriation made available in defense appropriations Acts,
only for the purpose of adjusting and liquidating obligations
properly chargeable to the Fund: Provided further, That the
authority granted in the preceding proviso shall only be
exercised after the Secretary of Defense makes a
determination that amounts in the Fund are insufficient to
liquidate obligations made using appropriations in the Fund,
and not prior to 30 days after notifying the congressional
defense committees in writing regarding each proposed
transfer of funds: Provided further, That in order to carry
out the specified purposes under this heading, the Secretary
of Defense may transfer funds from the Fund to any defense
appropriation account enacted in appropriations Acts,
including ``Support for International Sporting Competitions,
Defense'': Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That within 30 days of enactment of this
Act, and quarterly thereafter, the Secretary of Defense and
the Director of Central Intelligence shall each provide to
the Congress a report (in unclassified and classified form,
as needed) specifying the projects and accounts to which
funds provided in this chapter are to be transferred.

(including transfer of funds)

Sec. 302. During the current fiscal year, amounts in or
credited to the Defense Cooperation Account under section
2608(b) of title 10, United States Code, are hereby
appropriated and shall be available for transfer by the
Secretary of Defense to such appropriations or funds of the
Department of Defense as he shall determine, to be merged
with and available for the same purposes and the same time
period as the appropriation to which transferred: Provided,
That the Secretary shall provide written notification to the
congressional defense committees 30 days prior to such
transfer: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That these amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
Secretary of Defense shall report to the Congress quarterly
all obligations made pursuant to this authority.
Sec. 303. (a) Amounts appropriated in this Act under the
heading ``Support for International Sporting Competitions,
Defense'' may be used to support essential security and
safety services for the 2002 Winter Olympic Games in Salt
Lake City, Utah, under section 2564 of title 10, United
States Code, without the certification otherwise required
under subsection (a) of that section.
(b) In connection with the provision of essential security
and safety support to the 2002 Winter Olympic Games and
logistical and security support to the 2002 Paralympic Games,
the term ``active duty'' as used in section 5802 of division
A of the Omnibus Consolidated Appropriations Act, 1997 (10
U.S.C. 2564 note), shall be treated as including State active
duty and full-time National Guard duty performed by members
of the Army National Guard and Air National Guard.

[[Page H8484]]

Sec. 304. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
Sec. 305. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.

CHAPTER 4--DISTRICT OF COLUMBIA

FEDERAL FUNDS

Federal Payment to the District of Columbia for Protective Clothing and
Breathing Apparatus

For a Federal payment to the District of Columbia for
protective clothing and breathing apparatus, to remain
available until expended, $12,144,209, of which $921,833 is
for the Fire and Emergency Medical Services Department,
$4,269,000 is for the Metropolitan Police Department,
$1,500,000 is for the Department of Health, $453,376 is for
the Department of Public Works, and $5,000,000 is for the
Washington Metropolitan Area Transit Authority: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Federal Payment to the District of Columbia for Specialized Hazardous
Materials Equipment

For a Federal payment to the District of Columbia for
specialized hazardous materials equipment, to remain
available until expended, $1,032,342, for the Fire and
Emergency Medical Services Department: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Federal Payment to the District of Columbia for Chemical and Biological
Weapons Preparedness

For a Federal payment to the District of Columbia for
chemical and biological weapons preparedness, to remain
available until expended, $10,354,415, of which $204,920 is
the Fire and Emergency Medical Services Department, $258,170
is for the Metropolitan Police Department, and $9,891,325 is
for the Department of Health: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Federal Payment to the District of Columbia for Pharmaceuticals for
Responders

For a Federal payment to the District of Columbia for
pharmaceuticals for responders, to remain available until
expended, $2,100,000, for the Department of Health: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Federal Payment to the District of Columbia for Additional Vehicles and
Response Capability

For a Federal payment to the District of Columbia for
additional vehicles and response capability, $8,324,500, of
which $6,600,000 is for the Fire and Emergency Medical
Services Department, $1,515,000 is for the Metropolitan
Police Department, $112,500 is for the Department of Public
Works Division of Transportation, $37,000 is for the Office
of Property Management, and $60,000 is for the Department of
Public Works: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Federal Payment to the District of Columbia for Search, Rescue and
Other Emergency Equipment and Support

For a Federal payment to the District of Columbia for
search, rescue and other emergency equipment and support,
$5,222,135, of which $3,413,022 is for the Metropolitan
Police Department, $207,995 is for the Fire and Emergency
Medical Services Department, $398,581 is for the Department
of Consumer and Regulatory Affairs, $1,178,537 is for the
Department of Public Works, and $24,000 is for the Department
of Human Services: Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.

Federal Payment to the District of Columbia for Automatic Vehicle
Location Systems

For a Federal payment to the District of Columbia for
automatic vehicle location systems, $16,150,000, of which
$1,150,000 is for the Fire and Emergency Medical Services
Department, and $15,000,000 is for the Washington
Metropolitan Area Transit Authority: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Federal Payment to the District of Columbia for Equipment, Supplies and
Vehicles for the Office of the Chief Medical Examiner

For a Federal payment to the District of Columbia for
equipment, supplies and vehicles for the office of the chief
medical examiner, $1,780,000: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Federal Payment to the District of Columbia for Hospital Containment
Facilities for the Department of Health

For a Federal payment to the District of Columbia for
hospital containment facilities for the Department of Health,
$8,000,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Federal Payment to the District of Columbia for the Office of the Chief
Technology Officer

For a Federal payment to the District of Columbia for the
Office of the Chief Technology Officer, $78,600,000, of which
$46,200,000 is for a first response land-line and wireless
interoperability project, and $32,400,000 is for a city-wide
secure data center: Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.

Federal Payment to the District of Columbia for Emergency Traffic
Management

For a Federal payment to the District of Columbia for
emergency traffic management, $52,900,000, of which
$2,200,000 is for the Washington Metropolitan Area Transit
Authority for completion of the fiber optic network project,
and $50,700,000 is for the Department of Public Works
Division of Transportation to upgrade traffic light
controllers ($14,000,000), to establish a video traffic
monitoring system ($4,700,000), to disseminate traffic
information ($2,000,000), and to provide fiber optic backbone
for traffic control and monitoring ($30,000,000): Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of

[[Page H8485]]

the entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, is transmitted by the President to the
Congress.

Federal Payment to the District of Columbia for Training and Planning

For a Federal payment to the District of Columbia for
training and planning, $10,698,725, of which $4,400,000 is
for the Fire and Emergency Medical Services Department,
$990,000 is for the Metropolitan Police Department,
$1,200,000 is for the Department of Health, $200,000 is for
the Office of the Chief Medical Examiner, $1,500,000 is for
the Emergency Management Agency, $500,000 is for the Office
of Property Management, $500,000 is for the Department of
Mental Health, $468,725 is for the Department of Consumer and
Regulatory Affairs, $240,000 is for the Department of Public
Works, $600,000 is for the Department of Human Services, and
$100,000 is for the Department of Parks and Recreation:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Federal Payment to the District of Columbia for Increased Security

For a Federal payment to the District of Columbia for
increased security, $38,436,000, of which $3,900,000 for the
Emergency Management Agency, $12,775,000 for the public
schools, $3,961,000 for the Office of Property Management,
and $17,800,000 for the Washington Metropolitan Area Transit
Authority for employee and facility security: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

General Provisions

Sec. 401. Notwithstanding any other provision of law, all
Federal payments to the District of Columbia under this
chapter shall be apportioned quarterly by the Office of
Management and Budget, and funds for the Washington
Metropolitan Area Transit Authority shall be apportioned
quarterly directly to such Authority.
Sec. 402. The Chief Financial Officer of the District of
Columbia and the Chief Financial Officer of Washington
Metropolitan Area Transit Authority shall provide quarterly
reports to the President and the Committees on Appropriations
on the use of the funds under this chapter beginning no later
than January 2, 2002.

DISTRICT OF COLUMBIA FUNDS

Division of Expenses

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia and shall remain available until
expended.

Protective Clothing and Breathing Apparatus

For protective clothing and breathing apparatus, to remain
available until expended, $12,144,209, of which $921,833 is
for the Fire and Emergency Medical Services Department,
$4,269,000 is for the Metropolitan Police Department,
$1,500,000 is for the Department of Health, $453,376 is for
the Department of Public Works, and $5,000,000 is for the
Washington Metropolitan Area Transit Authority.

Specialized Hazardous Materials Equipment

For specialized hazardous materials equipment, to remain
available until expended, $1,032,342, for the Fire and
Emergency Medical Services Department.

Chemical and Biological Weapons Preparedness

For chemical and biological weapons preparedness, to remain
available until expended, $10,354,415, of which $204,920 is
the Fire and Emergency Medical Services Department, $258,170
is for the Metropolitan Police Department, and $9,891,325 is
for the Department of Health.

Pharmaceuticals for Responders

For pharmaceuticals for responders, to remain available
until expended, $2,100,000, for the Department of Health.

Additional Vehicles and Response Capability

For additional vehicles and response capability,
$8,324,500, of which $6,600,000 is for the Fire and Emergency
Medical Services Department, $1,515,000 is for the
Metropolitan Police Department, $112,500 is for the
Department of Public Works Division of Transportation,
$37,000 is for the Office of Property Management, and $60,000
is for the Department of Public Works.

Search, Rescue and Other Emergency Equipment and Support

For search, rescue and other emergency equipment and
support, $5,222,135, of which $3,413,022 is for the
Metropolitan Police Department, $207,995 is for the Fire and
Emergency Medical Services Department, $398,581 is for the
Department of Consumer and Regulatory Affairs, $1,178,537 is
for the Department of Public Works, and $24,000 is for the
Department of Human Services.

Automatic Vehicle Location Systems

For automatic vehicle location systems, $16,150,000, of
which $1,150,000 is for the Fire and Emergency Medical
Services Department, and $15,000,000 is for the Washington
Metropolitan Area Transit Authority.

Equipment, Supplies and Vehicles for the Office of the Chief Medical
Examiner

For equipment, supplies and vehicles for the Office of the
Chief Medical Examiner, $1,780,000.

Hospital Containment Facilities for the Department of Health

For hospital containment facilities for the Department of
Health, $8,000,000.

Office of the Chief Technology Officer

For the Office of the Chief Technology Officer,
$78,600,000, of which $46,200,000 is for a first response
land-line and wireless interoperability project, and
$32,400,000 is for a city-wide secure data center.

Emergency Traffic Management

For emergency traffic management, $52,900,000, of which
$2,200,000 is for the Washington Metropolitan Area Transit
Authority for completion of the fiber optic network project,
and $50,700,000 is for the Department of Public Works
Division of Transportation to upgrade traffic light
controllers ($14,000,000), to establish a video traffic
monitoring system ($4,700,000), to disseminate traffic
information ($2,000,000), and to provide fiber optic backbone
for traffic control and monitoring ($30,000,000).

Training and Planning

For training and planning, $10,698,725, of which $4,400,000
is for the Fire and Emergency Medical Services Department,
$990,000 is for the Metropolitan Police Department,
$1,200,000 is for the Department of Health, $200,000 is for
the Office of the Chief Medical Examiner, $1,500,000 is for
the Emergency Management Agency, $500,000 is for the Office
of Property Management, $500,000 is for the Department of
Mental Health, $468,725 is for the Department of Consumer and
Regulatory Affairs, $240,000 is for the Department of Public
Works, $600,000 is for the Department of Human Services, and
$100,000 is for the Department of Parks and Recreation.

Increased Security

For increased security, $38,436,000, of which $3,900,000
for the Emergency Management Agency, $12,775,000 for the
public schools, $3,961,000 for the Office of Property
Management, and $17,800,000 for the Washington Metropolitan
Area Transit Authority for employee and facility security.

CHAPTER 5--ENERGY AND WATER DEVELOPMENT

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

Operation and Maintenance, General

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Operation
and Maintenance, General'', $267,000,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Water and
Related Resources'', $70,259,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF ENERGY

National Nuclear Security Administration

weapons activities

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, and for other
expenses to increase the security of the Nation's nuclear
weapons complex, for ``Weapons Activities'', $534,000,000, to
remain available until expended: Provided, That, of such
amount, $284,000,000 shall be only for increased security
(including cyber-security) for the transportation and storage
of United States nuclear weapons; and $250,000,000 shall be
only for classified activities to improve physical

[[Page H8486]]

security: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

defense nuclear nonproliferation

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Defense
Nuclear Nonproliferation'', $286,000,000, to remain available
until expended: Provided, That, of such amount, $131,000,000
shall be only for increased physical security of nuclear
weapons and materials at locations within the Newly
Independent States of the former Soviet Union; $60,000,000
shall be only for increased physical security of nuclear
reactors within the Newly Independent States of the former
Soviet Union; and $95,000,000 shall be only for research and
development for global terrorist weapons of mass destruction:
Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Defense Environmental Restoration and Waste Management

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Defense
Environmental Restoration and Waste Management'',
$65,200,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Other Defense Activities

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, and for other
expenses necessary to support activities related to
countering potential biological threats to civilian
populations, for ``Other Defense Activities'', $21,500,000,
to remain available until expended: Provided, That, of such
amount,$18,000,000 shall be only for intelligence activities:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

CHAPTER 6--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

United States Agency for International Development

operating expenses of the united states agency for international
development

For an additional amount for ``Operating Expenses of the
United States Agency for International Development'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $100,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Department of State

nonproliferation, anti-terrorism, demining and related programs

For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $30,000,000, to
remain available until expended: Provided, That such funds
shall be used for the Biological Weapons Redirect and
International Science Centers programs: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

CHAPTER 7--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

For an additional amount for ``Management of Lands and
Resources'', to respond to the September 11, 2001 terrorist
attacks on the United States, $4,500,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

United States Fish and Wildlife Service

resource management

For an additional amount for ``Resource Management'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $3,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Park Service

operation of the national park system

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Operation
of the National Park System'', $10,098,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

united states park police

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``United
States Park Police'', $25,295,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

construction

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Construction'', $75,560,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress: Provided
further, That the Secretary of the Interior shall take such
actions as may be necessary to ensure that the security
upgrades at national memorials, monuments, and other
significant cultural sites that are funded by this Act are
completed not later than December 31, 2002, except that the
Secretary may not waive any regulatory or statutory
requirements related to the environment, fair labor
standards, or nondiscrimination: Provided further, That,
notwithstanding any other provision of law, single but
separate procurements for the construction of security
improvements and an underground visitor screening facility at
the Washington Monument, for security improvements at the
Lincoln Memorial, and for security improvements at the
Jefferson Memorial, may be issued that include the full scope
of each project, except that each solicitation and contract
shall contain the clause ``availability of funds'' found at
section 52.232.18 of title 48, Code of Federal Regulations.

Departmental Management

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on

[[Page H8487]]

the United States, for ``Salaries and Expenses'', $4,743,000,
to remain available until expended, for safeguarding
employees and visitors to the Department of the Interior main
building complex from the heightened threat of terrorist
attack: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF ENERGY

Strategic Petroleum Reserve

For an additional amount for ``Strategic Petroleum
Reserve'', to respond to the September 11, 2001 terrorist
attacks on the United States, $5,000,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For an additional amount for ``Indian Health Services'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $850,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

OTHER RELATED AGENCIES

Smithsonian Institution

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $21,707,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Gallery of Art

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $2,148,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

John F. Kennedy Center for the Performing Arts

operations and maintenance

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Operations
and Maintenance'', $4,310,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Capital Planning Commission

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $758,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

CHAPTER 8--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

For emergency expenses to respond to the consequences of
the September 11, 2001 terrorist attacks on the United
States, for ``Training and Employment Services'',
$2,000,000,000 shall be available for the period beginning on
the date of enactment through the date ending 18 months after
the date of enactment, for carrying out section 173 of the
Workforce Investment Act: Provided, That these funds only may
be used by States to provide employment and training
assistance, including assistance in making COBRA continuation
coverage payments, to dislocated workers affected by a plant
closure, mass layoff, or multiple layoffs if the Governor
certifies in the application for such grants that the attacks
of September 11, 2001 contributed importantly to such plant
closures, mass layoffs, and multiple layoffs: Provided
further, That such funds may be used by the State to assist a
participant in the program funded under such grants by paying
up to 75 percent of the participants and any dependents
contribution for COBRA continuation coverage of the
participant and any dependents for a period not to exceed 10
months: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

state unemployment insurance and employment service operations

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``State
Unemployment Insurance and Employment Service Operations'',
$4,100,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Pension and Welfare Benefits Administration

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,600,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Occupational Safety and Health Administration

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Departmental Management

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $5,880,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

[[Page H8488]]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

public health and social services emergency fund

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, and for other
expenses necessary to support activities related to
countering potential biological, disease, and chemical
threats to civilian populations, for ``Public Health and
Social Services Emergency Fund'', $2,752,650,000, to remain
available until expended: Provided, That, of such amount
$1,262,000,000 shall be distributed as follows: $920,000,000
for the Centers for Disease Control and Prevention, of which
up to $85,000,000 shall remain available until expended for
equipment and construction of facilities; $115,000,000 for
the National Institute of Allergy and Infectious Diseases;
$160,000,000 for the National Institutes of Health, Buildings
and Facilities, which shall remain available until expended;
$15,000,000 for the Health Resources and Services
Administration; $12,000,000 for the Office of Emergency
Preparedness; and $40,000,000 for the Substance Abuse and
Mental Health Services Administration: Provided further, That
the amount provided in this paragraph is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF EDUCATION

School Improvement Programs

For an additional amount for ``School Improvement
Programs'', $110,000,000, to remain available until expended:
Provided, That, of such amount, $10,000,000 shall be to
provide education-related services to local educational
agencies in which the learning environment has been disrupted
due to a violent or traumatic crisis, for the Project School
Emergency Response to Violence program: Provided further,
That, of such amount, $100,000,000, shall be for carrying out
activities authorized under subpart 2 of part A of title IV
of the Elementary and Secondary Education Act of 1965:
Provided further, That, notwithstanding any other provision
of law, the funds referred to in the second proviso shall be
used to provide grants to local educational agencies and
institutions of higher education for the purpose of
implementing, coordinating, and improving emergency response
plans with local law enforcement, public safety, health, and
mental health agencies; training school personnel, students,
and parents in emergency response procedures; implementing
security measures for high-risk areas and facilities; and
purchasing, installing, and upgrading security equipment and
technology: Provided further, That the funds referred to in
the second proviso shall be made available only to local
educational agencies and institutions of higher education
that demonstrate a need for financial assistance and a lack
of resources to implement emergency preparedness and security
improvements: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Higher Education

For an additional amount for ``Higher Education'' for
emergency expenses for carrying out activities authorized by
title VI of the Higher Education Act of 1965 and the Mutual
Educational and Cultural Exchange Act of 1961, $20,000,000,
to remain available through September 30, 2002: Provided,
That, notwithstanding any other provision of law, funds made
available in this Act and in the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2002, to carry out title VI of the Higher
Education Act of 1965 and the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in
advanced foreign language training and international studies
in areas that are vital to U.S. national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That up to 1
percent of the funds referred to in the preceding proviso may
be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That
the amount provided in this paragraph is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

RELATED AGENCIES

National Labor Relations Board

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $180,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Social Security Administration

limitation on administrative expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Limitation
on Administrative Expenses'', $7,500,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

CHAPTER 9--LEGISLATIVE BRANCH

LEGISLATIVE BRANCH

Legislative Branch Emergency Response Fund

(Including Transfer of Funds)

For emergency expenses to respond to the September 11, 2001
terrorist attacks on the United States, $256,081,000 to
remain available until expended: Provided, That $34,500,000
shall be transferred to ``SENATE--Sergeant at Arms and
Doorkeeper of the Senate'' and shall be obligated with prior
notification to the Committee on Appropriations of the
Senate: Provided further, That $40,712,000 shall be
transferred to ``HOUSE OF REPRESENTATIVES--Salaries and
Expenses'' and shall be obligated with prior notification to
the Committee on Appropriations of the House of
Representatives: Provided further, That $1,000,000 shall be
transferred as a grant to the United States Capitol
Historical Society: Provided further, That the remaining
balance of $179,869,000, together with any other amounts
provided to any entity in the legislative branch which are
derived from the Emergency Response Fund established by
Public Law 107-38 and which remain unobligated as of the date
of the enactment of this Act (other than any amounts provided
to the House of Representatives or Senate), shall be
transferred to the Capitol Police Board, who shall transfer
to the affected entities of the legislative branch such
amounts as the Capitol Police Board considers appropriate,
with prior notification to the Committees on Appropriations
of the House of Representatives and Senate: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

HOUSE OF REPRESENTATIVES

Administrative Provisions

Sec. 901. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to
respond to an emergency situation, the Chief Administrative
Officer of the House of Representatives may acquire buildings
and facilities for the use of the House of Representatives by
lease, purchase, or such other arrangement as the Chief
Administrative Officer considers appropriate (including a
memorandum of understanding with the head of an Executive
Agency, as defined in section 105 of title 5, United States
Code, in the case of a building or facility under the control
of such Agency), subject to the approval of the House Office
Building Commission.
(b) Agreements.--Notwithstanding any other provision of
law, for purposes of carrying out subsection (a), the Chief
Administrative Officer may carry out such activities and
enter into such agreements related to the use of any building
or facility acquired pursuant to such subsection as the Chief
Administrative Officer considers appropriate, including--
(1) agreements with the United States Capitol Police or any
other entity relating to the policing of such building or
facility; and
(2) agreements with the Architect of the Capitol or any
other entity relating to the care and maintenance of such
building or facility.
(c) Authority of Capitol Police and Architect.--
(1) Architect of the capitol.--Notwithstanding any other
provision of law, the Architect of the Capitol may take any
action

[[Page H8489]]

necessary to carry out an agreement entered into with the
Chief Administrative Officer pursuant to subsection (b).
(2) Capitol police.--Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended--
(A) by striking ``The Capitol Police'' and inserting ``(a)
The Capitol Police''; and
(B) by adding at the end the following new subsection:
``(b) For purposes of this section, `the United States
Capitol Buildings and Grounds' shall include any building or
facility acquired by the Chief Administrative Officer of the
House of Representatives for the use of the House of
Representatives for which the Chief Administrative Officer
has entered into an agreement with the United States Capitol
Police for the policing of the building or facility.''.
(d) Transfer of Certain Funds.--Subject to the approval of
the Committee on Appropriations of the House of
Representatives, the Architect of the Capitol may transfer to
the Chief Administrative Officer amounts made available to
the Architect for necessary expenses for the maintenance,
care and operation of the House office buildings during a
fiscal year in order to cover any portion of the costs
incurred by the Chief Administrative Officer during the year
in acquiring a building or facility pursuant to subsection
(a).
(e) Effective Date.--This section and the amendments made
by this section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
Sec. 902. (a) Notwithstanding any other provision of law--
(1) subject to subsection (b), the Chief Administrative
Officer of the House of Representatives and the head of an
Executive Agency (as defined in section 105 of title 5,
United States Code) may enter into a memorandum of
understanding under which the Agency may provide facilities,
equipment, supplies, personnel, and other support services
for the use of the House of Representatives during an
emergency situation; and
(2) the Chief Administrative Officer and the head of the
Agency may take any action necessary to carry out the terms
of the memorandum of understanding.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of
understanding described in subsection (a)(1) without the
approval of the Speaker of the House of Representatives.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 903. (a) There is established in the House of
Representatives an office to be known as the House of
Representatives Office of Emergency Planning, Preparedness,
and Operations. The Office shall be responsible for
mitigation and preparedness operations, crisis management and
response, resource services, and recovery operations.
(b) There is established the House of Representatives
Continuity of Operations Board, comprised of the Clerk, the
Sergeant-at-Arms, and the Chief Administrative Officer of the
House of Representatives. The Clerk shall be the Chairman of
the Board.
(c) The Board--
(1) shall appoint and set the annual rate of pay for
employees of the Office, including a Director, who shall be
the head of the Office and shall carry out the day-to-day
operations of the Office under the supervision of the Board;
(2) shall exercise, with respect to any employee of the
Office, the authority referred to in section 8344(k)(2)(B) of
title 5, United States Code, and the authority referred to in
section 8468(h)(2)(B) of title 5, United States Code;
(3) shall approve procurement of services of experts and
consultants by the Office or by committees or other entities
of the House of Representatives for assignment to the Office;
and
(4) may request the head of any Federal department or
agency to detail to the Office, on a reimbursable basis, any
of the personnel of the department or agency.
(d) Until otherwise provided by law, funds shall be
available for the Office from amounts appropriated for the
operations of the House of Representatives.
(e) This section shall take effect on the date of the
enactment of this Act and shall apply to fiscal years
beginning with fiscal year 2002.

OTHER LEGISLATIVE BRANCH

Administrative Provisions

Sec. 904. (a) Section 1(c) of Public Law 96-152 (40 U.S.C.
206-1) is amended by striking ``but not to exceed'' and all
that follows and inserting the following: ``but not to exceed
$2,500 less than the lesser of the annual salary for the
Sergeant at Arms of the House of Representatives or the
annual salary for the Sergeant at Arms and Doorkeeper of the
Senate.''.
(b) The Assistant Chief of the Capitol Police shall receive
compensation at a rate determined by the Capitol Police
Board, but not to exceed $1,000 less than the annual salary
for the chief of the United States Capitol Police.
(c) This section and the amendment made by this section
shall apply with respect to pay periods beginning on or after
the date of the enactment of this Act.
Sec. 905. In addition to the authority provided under
section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment of
this Act, the Capitol Police Board may accept contributions
of recreational, comfort, and other incidental items and
services to support officers and employees of the United
States Capitol Police while such officers and employees are
on duty in response to emergencies involving the safety of
human life or the protection of property.
Sec. 906. (a) Section 9 of the Act of July 31, 1946 (40
U.S.C. 212a) is amended by adding at the end the following
new subsection:
``(c)(1) For purposes of this section, `the United States
Capitol Buildings and Grounds' shall include all buildings
and grounds of the United States Botanic Garden, including
the National Garden and Bartholdi Park.
``(2) For purposes of this section, the Joint Committee on
the Library may suspend the application of section 4 of this
Act to the buildings and grounds described in paragraph (1)
in order to promote the interests of the United States
Botanic Garden.''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
Sec. 907. (a) Assistance for Capitol Police From Executive
Departments and Agencies.--Notwithstanding any other
provision of law, Executive departments and Executive
agencies may assist the United States Capitol Police in the
same manner and to the same extent as such departments and
agencies assist the United States Secret Service under
section 6 of the Presidential Protection Assistance Act of
1976 (18 U.S.C. 3056 note), except as may otherwise be
provided in this section.
(b) Terms of Assistance.--Assistance under this section
shall be provided--
(1) consistent with the authority of the Capitol Police
under sections 9 and 9A of the Act of July 31, 1946 (40
U.S.C. 212a and 212a-2);
(2) upon the advance written request of--
(A) the Chairman of the Capitol Police Board, or
(B) in the absence of the Chairman of the Capitol Police
Board--
(i) the Sergeant at Arms and Doorkeeper of the Senate, in
the case of any matter relating to the Senate; or
(ii) the Sergeant at Arms of the House of Representatives,
in the case of any matter relating to the House; and
(3) either--
(A) on a temporary and reimbursable basis, or
(B) on a permanent reimbursable basis upon advance written
request of the Chairman of the Capitol Police Board.
(c) Reports on Expenditures for Assistance.--
(1) Reports.--With respect to any fiscal year in which an
Executive department or Executive agency provides assistance
under this section, the head of that department or agency
shall submit a report not later than 30 days after the end of
the fiscal year to the Chairman of the Capitol Police Board.
(2) Contents.--The report submitted under paragraph (1)
shall contain a detailed account of all expenditures made by
the Executive department or Executive agency in providing
assistance under this section during the applicable fiscal
year.
(3) Summary of reports.--After receipt of all reports under
paragraph (2) with respect to any fiscal year, the Chairman
of the Capitol Police Board shall submit a summary of such
reports to the Committees on Appropriations of the Senate and
the House of Representatives.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 908. (a) Notwithstanding any other provision of law,
the United States Capitol Preservation Commission established
under section 801 of the Arizona-Idaho Conservation Act of
1988 (40 U.S.C. 188a) may transfer to the Architect of the
Capitol amounts in the Capitol Preservation Fund established
under section 803 of such Act (40 U.S.C. 188a-2) if the
amounts are to be used by the Architect for the planning,
engineering, design, or construction of the Capitol Visitor
Center.
(b) Any amounts transferred pursuant to subsection (a)
shall remain available for the use of the Architect of the
Capitol until expended.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 909. (a) Section 1 of Public Law 93-180 (40 U.S.C.
166d) is amended--
(1) by striking ``secure, through rental, lease, or other
appropriate agreement, storage space'' and inserting
``acquire, through purchase, lease, or other appropriate
arrangement, property or space'';
(2) by inserting ``the United States Capitol Police,''
after ``Representatives,''; and
(3) by striking ``as such Commission and committee may
authorize'' and inserting ``as the Architect deems reasonable
and appropriate''.
(b) Nothing in the amendment made by subsection (a) may be
construed to affect the authority provided to the Architect
of the Capitol under section 128 of the Legislative Branch
Appropriations Act, 2002, to secure the property described in
such section.
(c) The amendment made by subsection (a) shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
Sec. 910. (a) Public Law 107-68 is amended in the item
relating to ``ARCHITECT OF THE CAPITOL--Capitol Visitor
Center''--
(1) by striking ``unassigned space in the'';
(2) by striking ``for House space''; and
(3) by striking ``for Senate space''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of Public Law 107-68.

[[Page H8490]]

Sec. 911. (a) In accordance with the authority described in
section 308(a) of the Legislative Branch Appropriations Act,
1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative
Branch Appropriations Act, 1991 (40 U.S.C. 166b-3b), as
amended by section 129(c)(1) of the Legislative Branch
Appropriations Act, 2002, is amended by adding at the end the
following new subsection:
``(c) The Architect of the Capitol may fix the rate of
basic pay for not more than 4 positions for Executive Project
Directors whose salary is payable from project funds, at a
rate not to exceed 95 percent of the highest total rate of
pay for the Senior Executive Service under subchapter VIII of
chapter 53 of title 5, United States Code, for the locality
involved.''.
(b) The amendment made by subsection (a) shall apply with
respect to pay periods beginning on or after October 1, 2001.
Sec. 912. (a) Public Law 107-68 is amended by adding at the
end the following:
``This Act may be cited as the `Legislative Branch
Appropriations Act, 2002'.''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of Public Law 107-68.

CHAPTER 10--DEPARTMENT OF DEFENSE, MILITARY CONSTRUCTION

Military Construction, Army

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Military
Construction, Army'', $195,479,500, for activities in support
of anti-terrorism efforts and force protection, to remain
available until September 30, 2006: Provided, That,
notwithstanding any other provision of law, such funds may be
obligated or expended for military construction projects not
otherwise authorized by law: Provided further, That, of this
amount, not to exceed $10,804,500 shall be available for
study, planning, design, architect and engineer services, and
host nation support, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of his determination and the reasons
therefor: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Military Construction, Navy

For an additional amount for ``Military Construction,
Navy'' for activities in support of anti-terrorism efforts
and force protection, $131,217,400, to remain available until
September 30, 2006: Provided, That, notwithstanding any other
provision of law, such funds may be obligated or expended for
military construction projects not otherwise authorized by
law: Provided further, That, of this amount, not to exceed
$7,427,400 shall be available for study, planning, design,
architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of his determination and the
reasons therefor: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

Military Construction, Air Force

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Military
Construction, Air Force'', $68,069,680, for activities in
support of anti-terrorism efforts and force protection, to
remain available until September 30, 2006: Provided, That,
notwithstanding any other provision of law, such funds may be
obligated or expended for military construction projects not
otherwise authorized by law: Provided further, That, of this
amount, not to exceed $1,441,680 shall be available for
study, planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of his
determination and the reasons therefor: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Military Construction, Defense-wide

For an additional amount for ``Military Construction,
Defense-wide'' for activities in support of anti-terrorism
efforts and force protection, $482,014,860, to remain
available until September 30, 2006: Provided, That,
notwithstanding any other provision of law, such funds may be
obligated or expended for military construction projects not
otherwise authorized by law: Provided further, That, of this
amount, not to exceed $27,283,860 shall be available for
study, planning, design, architect and engineer services, as
authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of his
determination and the reasons therefor: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

General Provisions

Sec. 1001. The Secretary of Defense may transfer to the
Defense Emergency Response Fund amounts appropriated in
Military Construction Appropriations Acts if the Secretary
makes a determination that amounts in the Fund are
insufficient to carry out needed military construction
projects. In exercising the transfer authority provided by
this section, the Secretary of Defense shall first transfer
unobligated balances remaining from fiscal year 2001 and
earlier fiscal years before transferring any amounts
appropriated in the Military Construction Appropriations Act,
2002. Amounts so transferred shall be available solely for
military construction projects, including activities
described in section 2802(b) of title 10, United States Code,
and the Secretary of Defense shall also comply with the
notification requirements of section 2808(b) of such title
when a decision is made to undertake a military construction
project using amounts appropriated or transferred to the
Fund. Under this transfer authority, the Secretary shall
provide an accompanying form 1391 to the appropriate
committees of Congress.
Sec. 1002. Amounts made available to the Department of
Defense from funds appropriated in Public Law 107-38 and this
Act may be used to carry out military construction projects,
not otherwise authorized by law, that the Secretary of
Defense determines are necessary to respond to or protect
against acts or threatened acts of terrorism. The Secretary
shall provide prior notification of each project and an
accompanying form 1391 to the appropriate committees of
Congress.

CHAPTER 11--DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Salaries and Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $458,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Transportation Security Administration

For necessary expenses for the establishment and operations
of the Transportation Security Administration, $15,000,000,
to remain available until expended: Provided, That the
obligation of funds under this heading shall be subject to
the enactment of legislation authorizing the establishment of
such Administration: Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.

Aircraft Passenger and Baggage Screening Activities

For necessary expenses of the Secretary of Transportation
to carry out responsibilities for the screening of passengers
and property on passenger aircraft in air transportation that
originates in the United States or intrastate air
transportation that, on September 11, 2001, was performed by
an employee or agent of an air carrier, intrastate air
carrier, or foreign air carrier, $1,000,000,000, to remain
available until expended: Provided, That none of the funds
under this heading may be obligated or expended until
enactment of legislation authorizing (1) the conduct of such
activities, whether by contract, grant, or direct Federal
personnel, by an organization within the Department of
Transportation other than the Federal Aviation
Administration; (2) the collection of passenger and baggage
screening user fees designed to offset the cost of these
activities;

[[Page H8491]]

and (3) the crediting of the fees as offsetting collections
to the account financing the activities and services for
which the fee is imposed: Provided further, That the sum
herein appropriated shall be reduced, on a dollar for dollar
basis, as such offsetting collections are received, so as to
result in a final fiscal year 2002 appropriation of zero.

Over-the-Road Bus and Passenger Rail Security Grant Program

For the Secretary of Transportation to award grants
competitively to passenger rail and over-the-road bus
operators to finance the costs of enhancing the security of
their facilities and operations, $200,000,000, to remain
available until expended: Provided, That not less than
$125,000,000 of such amount shall be awarded to the National
Railroad Passenger Corporation: Provided further, That the
amount provided in this paragraph is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Port Security Grants

For the Secretary of Transportation to award grants
competitively to critical national seaports to finance the
costs of enhancing facility and operational security,
$200,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

COAST GUARD

Operating Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Operating
Expenses'', $368,356,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

FEDERAL AVIATION ADMINISTRATION

Operations

(airport and airway trust fund)

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Operations'', $291,500,000, to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Facilities and Equipment

(airport and airway trust fund)

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Facilities
and Equipment'', $480,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Airport Operator Security Costs

For emergency expenses to respond to the September 11, 2001
terrorist attacks on the United States, for ``Airport
Operator Security Costs'', $200,000,000, to remain available
until expended: Provided, That funds under this heading are
only available for the Administrator of the Federal Aviation
Administration to reimburse airport operators for direct
costs that such operators incurred to comply with new,
additional, or revised security requirements imposed by the
Federal Aviation Administration on or after September 11,
2001: Provided further, That within 30 days of enactment of
this Act, the Administrator, after consultation with airport
operators, shall publish in the Federal Register the
administrative procedures by which airport operators may file
claims for reimbursement, including written justification
required to support such claim: Provided further, That the
amount of compensation payable to an airport operator may not
exceed the amount of costs that the airport operator
demonstrates to the satisfaction of the Administrator, using
sworn financial statements or other appropriate data, that
the airport operator incurred as a direct result of security
activities beginning on or after September 11, 2001: Provided
further, That in establishing criteria for obligating funds
under this heading, the Administrator shall give special
consideration to any commercial service airport which was
closed for an unusually long period of time due to security
concerns arising from the terrorist attacks of September 11,
2001.

FEDERAL HIGHWAY ADMINISTRATION

Federal-Aid Highways

emergency relief program

(highway trust fund)

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Emergency
Relief Program'', as authorized by section 125 of title 23,
United States Code, $75,000,000, to be derived from the
Highway Trust Fund and to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Federal-Aid Highways

intelligent transportation systems

(highway trust fund)

For an additional amount for ``Intelligent Transportation
Systems'', to respond to the September 11, 2001 terrorist
attacks on the United States, $20,000,000, to be derived from
the Highway Trust Fund and to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

FEDERAL RAILROAD ADMINISTRATION

Safety and Operations

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Safety and
Operations'', $6,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

FEDERAL TRANSIT ADMINISTRATION

Formula Grants

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Formula
Grants'', $39,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

Research and Special Programs

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Research
and Special Programs'', $2,500,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

Salaries and Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $465,000, to remain available until

[[Page H8492]]

expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

CHAPTER 12--TREASURY AND GENERAL GOVERNMENT

DEPARTMENT OF THE TREASURY

Treasury Inspector General for Tax Administration

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $2,032,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Financial Crimes Enforcement Network

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,700,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Federal Law Enforcement Training Center

Salaries and Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $23,231,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Acquisition, Construction, Improvements, and Related Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Acquisition, Construction, Improvements, and Related
Expenses'', $8,500,000, to remain available until expended:
Provided, That, in order to expedite the acquisition of
architectural and engineering services for the construction
of facilities at the Cheltenham, Maryland, training facility,
the Federal Law Enforcement Training Center may procure such
services without regard to (1) the competition requirements
of section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee
limitation on such services set forth in section 304(b) of
such Act (41 U.S.C. 254(b)); and (3) the procurement notice
requirements of section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416): Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Financial Management Service

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $600,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Bureau of Alcohol, Tobacco and Firearms

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $31,431,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

United States Customs Service

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $448,026,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

operation, maintenance and procurement, air and marine interdiction
programs

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Operation,
Maintenance and Procurement, Air and Marine Interdiction
Programs'', $6,700,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

Internal Revenue Service

processing, assistance, and management

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Processing, Assistance and Management'', $16,658,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

tax law enforcement

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Tax Law
Enforcement'', $4,544,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

information systems

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Information Systems'', $2,443,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

business systems modernization

For an additional amount for ``Business Systems
Modernization'', to respond to the September 11, 2001
terrorist attacks on the United States, $13,548,000, to
remain available until expended, for systems backup:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

United States Secret Service

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on

[[Page H8493]]

the United States, for ``Salaries and Expenses'',
$104,769,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

POSTAL SERVICE

Payment to the Postal Service Fund

For an additional amount for ``Payment to the Postal
Service Fund'', to respond to the September 11, 2001
terrorist attacks on the United States, $510,500,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress:
Provided further, That, of such amount, $500,000,000 shall
not be available for obligation until the Postal Service
submits to the Committees on Appropriations, and the
Committee on Government Reform of the House of
Representatives, a comprehensive plan to combat the threat of
dangerous biological substances in the mail.

EXECUTIVE OFFICE OF THE PRESIDENT

Office of Administration

salaries and expenses

For an additional amount for ``Salaries and Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States and to ensure the continuity of support and
services to the President and Vice President of the United
States, $50,040,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

INDEPENDENT AGENCIES

General Services Administration

real property activities

federal buildings fund

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Federal
Buildings Fund'', $200,500,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Archives and Records Administration

operating expenses

For an additional amount for ``Operating Expenses'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $4,818,000, to remain available until
expended, for enhanced security services: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

repairs and restoration

For an additional amount for ``Repairs and Restoration'',
to respond to the September 11, 2001 terrorist attacks on the
United States, $2,180,000, to remain available until
expended, for construction of enhanced security features:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

CHAPTER 13--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES

DEPARTMENT OF VETERANS AFFAIRS

General Operating Expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``General
Operating Expenses'', $2,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Management and Administration

office of inspector general

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Office of
Inspector General'', $1,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

INDEPENDENT AGENCIES

Environmental Protection Agency

science and technology

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Science
and Technology'', $10,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

environmental programs and management

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for
``Environmental Programs and Management'', $270,700,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

hazardous substance superfund

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, and to support
activities related to countering terrorism, for ``Hazardous
Substance Superfund'', $11,800,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

state and tribal assistance grants

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, and to support
activities related to countering potential biological and
chemical threats to populations, for ``State and Tribal
Assistance Grants'', $5,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Federal Emergency Management Agency

disaster relief

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Disaster
Relief'', $4,900,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of

[[Page H8494]]

salaries and expenses

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Salaries
and Expenses'', $30,000,000, to remain available until
expended: Provided, That, of such amount, not less than
$10,000,000 shall be for the National Security Division:
Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

emergency management planning and assistance

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Emergency
Management Planning and Assistance'', $185,000,000, to remain
available until expended: Provided, That, of such amount,
$35,000,000 shall be for to provide for grants to States and
localities for first responder training and equipment to
respond to terrorism, including incidents involving chemical
and biological weapons, of which not less than $10,000,000
shall be for support of the 2002 Winter Olympics: Provided
further, That, of such amount, $150,000,000 shall be for
programs authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229): Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

National Aeronautics and Space Administration

human space flight

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Human
Space Flight'', $81,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

science, aeronautics and technology

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Science,
Aeronautics and Technology'', $36,500,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

office of inspector general

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Office of
Inspector General'', $3,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

National Science Foundation

research and related activities

For an additional amount to respond to the September 11,
2001 terrorist attacks on the United States, for ``Research
and Related Activities'', $300,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

CHAPTER 14--GENERAL PROVISIONS

Sec. 1401. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly provided so herein.
This division may be cited as the ``Emergency Supplemental
Act, 2002''.

Mr. OBEY (during the reading). Mr. Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Wisconsin?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment.
The CHAIRMAN. The point of order is reserved.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any amendments thereto be limited to 90
minutes, to be equally divided and controlled by the proponent, the
gentleman from Wisconsin (Mr. Obey), and myself.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) will control 45
minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, I yield myself 12 minutes.
Mr. Chairman, what we have done at this point in the bill, and I
sense a little confusion around here, what we have done is to conclude
the core defense appropriation bill for the coming year. We are now
moving on to the supplemental title, which deals with funding for many
of the activities that were promised after the events of September 11.
I want to say with respect to the proposal that is before us that
there is no real difference between the minority and the majority on
the items that are at present in the bill, as added by the committee.
What the committee did, and let me back up and speak very frankly,
when the chairman, the gentleman from Florida (Mr. Young), and I were
trying to consider what other actions might be necessary to combat
terrorism, in addition to those that were funded or that were going to
be funded in the original $20 billion that was left over from the
earlier agreement, his staff and mine began to work on a common list of
actions that ought to be taken in order to protect our homeland.
About halfway through that process, after we had expected to come to
the floor and come to the committee with a bipartisan recommendation,
as we all know, the White House decided that they were going to draw a
line in the sand and that they were going to veto any bill which spent
one dime more than they had requested for homeland security.
So at that point, the chairman had some tough choices to make. I do
not quarrel with any of the choices that he made, because he was being
forced to operate within an artificial ceiling.
But in my view, when I go home to my district and walk down Main
Street in any significant town in my district and ask people what their
priorities are, they put homeland security before many other
expenditures in the budget. They put homeland security ahead of tax
cuts. They put homeland security ahead of retroactively repealing the
corporate minimum tax. They feel that the very first thing we need to
do is to make certain that, to the greatest extent possible, we protect
the safety of each and every American.
So while I have no criticism whatsoever of the job that the chairmen
of the various subcommittees did in working within the limits that were
imposed on them, I feel those limits are ill-advised, shortsighted, and
downright dangerous. That is why this amendment is before the House
today.
Mr. Chairman, this amendment is the amendment that we took to the
Committee on Rules. It has not changed one comma, and I want to go
through and describe briefly what it does, since we now have more time.
If we take a look at the major problems facing us in the area of

[[Page H8495]]

counterterrorism, we first of all are trying to add $322 million to
upgrade State and local health departments and hospitals, so that the
next time there is an anthrax attack or a smallpox attack or an attack
of any kind, that our local and State public health authorities are
prepared, ready, and equipped to deal with it.
Right now, the sad truth is that in most communities in this country
they are not sufficiently prepared to meet that kind of unexpected
threat.
We also would expand funding to create additional biosafety
laboratories at NIH and Fort Detrick. We only have three level 4
biohazard labs in the entire country. They are heavily taxed right now
just dealing with the anthrax scare. They processed some 10 times as
many samples over a 1-month period as they normally process in a year.
We badly need additional national facilities to handle this potential
threat.
We wanted to provide $500 million as a downpayment on the $3 billion
that the post office believes it is going to need to provide systems to
sanitize future mail, so that we do not have to, on a daily basis,
worry the way the country has had to worry the last 2 months.
Airport and airline safety. We have mandated about $500 million in
safety enforcement and upgrades at local airports around the country,
but we are providing very little money to help them. We are asking in
this amendment that $200 million be provided for that purpose.
We are seeking to add $250 million more for cockpit door security,
because the committee made the decision to add to the President's
request for the number of sky marshals, but they paid for it by cutting
the President's request on cockpit security.
I do not criticize that choice. If I had to choose between the two, I
would have made precisely the same choice as made by the majority, but
I do not believe that we should have to choose between those two. I
think that both are urgently needed, and we would provide the
additional funding for that.
We want to help the FBI upgrade its computer capacity, because right
now they have a large number of computers that cannot even do pictures.
When we are trying to get to the FBI agents all around the country the
pictures of the fellows we are worried about who might be future
terrorists, it would be kind of nice if the FBI computer system could
accomplish that. It cannot right now, to the full extent that it needs
to. We would provide money to fix that so that their new computer
system would be online by next spring, rather than having to wait until
2004.
We provide a wide variety of other law enforcement additions as well.
Then we get to the question of weapons of mass destruction. We are
trying to add $191 million to try to secure weapons-grade nuclear
material within the former Soviet Union, material which on 13 different
occasions has fallen into the wrong hands and has been recovered. We do
not know how many times that material has fallen into the wrong hands
and has not been recovered. So we attempt to deal with that.
We also attempt to deal with some grave national security threats at
nuclear weapons-producing plants around the country. That is a high-
priority item.
We try to add 790 additional Customs agents for the Canadian border,
so we do not have a sieve instead of a systematic screening at that
border.
We are trying to provide also additional port security by providing
an additional 640 Coast Guard positions for a fully annualized basis,
rather than the 6 months that we now have in the bill.
We are trying to provide 800 additional Customs Service agents for
cargo inspections, because we only inspect 2 percent of the cargo
containers that are found in ships that dock at American ports.
Secretary Thompson indicated that what worried him most of all was
the fact that only 1 percent of our food supply, of the food supply
that we import, is inspected. We are trying to raise that to 10
percent. I do not think that is an outlandish request.
Then we are trying to take other actions to provide security upgrades
for our community water systems around the country, and also trying to
enhance the ability of the government to find, hire, and train people
in Arabic, Farsi, Pashto, and a number of other languages for which our
capacity right now is totally inadequate.
So that is a brief description of what this amendment does, with one
further addition. It has been said by OMB, the White House budget
office, that this represents runaway spending. That is absolute
nonsense. I would like to read one sentence in the bill:
``Provided further that such amount shall be available only to the
extent that an official budget request that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985 is
transmitted by the President to the Congress.''
What does that mean in plain English? It means that for every single
line item in this bill, even though we make it available to the
President so that it is there if he needs it in his holster, even
though we make it available, he does not have to spend it unless he
designates it as an emergency. So if in his judgment it is not an
emergency, he still can prevent that money from being spent.
I am not comfortable with that, but that is a concession we made to
the White House to try to work out a bipartisan approach. I am
flabbergasted and appalled that we would even be having this dispute,
because what I think should have happened is that instead of summarily
rejecting what we wanted to do in this package before they saw word one
of what it was we were trying to do, what they would have done had they
had some grace, they would have sat down with us and said, ``What is it
that you are talking about that you want to do,'' and, ``Where can we
agree and where can we disagree?''

{time} 1515

Instead, they simply decided sight unseen: ``No more, cannot afford
it.'' Well, it seems to me that that is a horrendous mistake. And I
think public opinion by a wide margin would want us to provide these
added protections that we seek to provide in this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. It is the understanding of the Chair that the gentleman
from Florida (Mr. Young) would like to continue his reservation of a
point of order through the period of controlled debate.
The gentleman from Florida (Mr. Young) controls 45 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I do continue to reserve the
point of order on the amendment.
Mr. Chairman, I yield myself such time as I might consume.
Mr. Chairman, what we are dealing with now is the second tier of the
defense appropriations bill. We have completed consideration of the
basic bill. We are now dealing with the $20 billion supplemental that
is attached to the defense appropriations bill.
I want to give just a real quick review of where we are and why we
are here. Right after the terrorist attacks on September 11, we
realized that there was going to be some funding needed immediately to
respond to the attacks.
The gentleman from Wisconsin (Mr. Obey) and I sat down together, and
we began to work on what we thought would be an appropriate response by
the Congress in the form of a supplemental appropriations bill. And we
agreed to a $20 billion supplemental appropriations bill, and we had
worked out most of the details. We were, in fact, sitting with our
counterparts in the Senate, Senator Byrd and Senator Stevens, when the
news flash came that the President had agreed to add an additional $20
billion to help recovery in New York City. We were very supportive of
that.
We understand that, after the terrible terrorist attacks on the World
Trade Center in New York, we are all New Yorkers and we all have an
obligation to respond as quickly as we can. So we produced that $40
billion supplemental appropriations bill. The President was able to
direct the first $10 billion of that supplemental anywhere he wished,
to respond to the attacks and to begin the effort to prevent them from
happening again.
For the second $10 billion, the President had flexibility in how to
use that $10 billion; but we required that he consult with the
Committee on Appropriations of the House and the Senate 15

[[Page H8496]]

days prior to allocating those funds. So the first $20 billion is
spoken for.
We made the second $20 billion of the $40 billion in that law subject
to the appropriations process. And so, Mr. Chairman, that is why we are
here today. We are presenting the appropriations recommendations for
that $20 billion figure.
Now, the $20 billion figure includes pretty much what President Bush
had asked for. We had worked with him. We worked with our
subcommittees, and we made some changes in the $20 billion package; and
the President did not object to those changes. So we think we have a
good package here. However, there are many who believe, and Mr.
Chairman, I am one of them, that before this is over, as the President
has said repeatedly, this is going to be a long, drawn-out affair to
seek out the terrorists, to destroy al Qaeda's ability to launch
terrorist attacks against the United States or our interests wherever
they might be.
The military operation is going very successfully. I commend General
Franks and all of those officers and men who have worked under him in
this combat situation. They have done a really good job. It has been
very methodical, and it has been very precise. They have done a really
good job. The operation is moving along very well. We are not sure how
much longer it might take. We are using a lot of munitions. We are
spending a lot of money on that military operation.
But in addition to that, Mr. Chairman, the gentleman from Wisconsin
(Mr. Obey) and I have visited at the FBI, at their Intelligence and
Operations Center; and we recognize, as the President has said, this is
not an issue isolated to Afghanistan. We have located, and when I say
``we,'' I am talking about the American Government, the FBI, the CIA,
all of our law enforcement agencies, some of which we will not mention
here, that have done a really good job in identifying terrorist cells
scattered all over the world. It is going to be a long, drawn-out
process to eliminate the ability of terrorists to attack America again.

It is essential that we do not have any more World Trade Center-type
attacks; that we do not have any more attacks on military installations
like our Defense Department at the Pentagon just across the river here
from the Capitol. So it is important that we disrupt totally the
ability of any terrorist organizations to conduct terrorist activities
against the United States.
We want our people to go back to being able to live without fear.
Americans should not live in fear. And we have to do everything
possible to guarantee that Americans do not live in fear. We do not
want our buildings or our properties attacked by terrorists. So, again,
we have to disrupt their ability to do that.
Now, I bring up this little bit of history because I do not know, and
I do not think anybody can tell us today, what the final cost of that
overall effort is going to be. As I said earlier, I tend to be one of
those who believe it is going to be more than the $20 billion that we
have already appropriated as an emergency supplemental. The President,
I think, agrees with that; and I think he understands that there will
be more needed for the military.
We are using up munitions at a large rate and in some cases getting
dangerously low. We are using a lot of fuel. We are putting a lot of
wear and tear on our aircraft and our ships and all of our military
equipment. So the military, the Defense Department, will need
additional funding in order to not only maintain this military
operation but to recover from it so that we do not let our forces and
our guard down.
In addition, the FBI has serious needs. The Border Patrol has serious
needs. We have to protect our borders. We have to make sure that we
stop the terrorists from coming into our country.
Our public health systems all need support, whether it is for
protection against anthrax, small pox, or whatever might be used as a
terrorist weapon. We must be prepared, first of all, to prevent it,
but, second, to deal with it if it should happen.
Again, I say I do not know what the cost is going to be ultimately,
and I do not think anyone else does today, including the President of
the United States. I think he has done an extraordinary job in seeking
out the terrorists and bringing punishment upon those who created this
terrorist attack on the United States on September 11, and in pursuing
al Qaeda and their fellow terrorists around the world. The President
has said today, let us stay with the $40 billion total.
That is a lot of money; there is no doubt about that. There is a lot
of money in the pipeline already for the $40 billion, and the President
has said that when we reach the point that we need additional funding,
that he, the President, will immediately ask for a supplemental
appropriations bill from the Congress.
The Speaker of the House, in many meetings and many consultations,
has told me that he supports the President's position and that he will,
in fact, allow us to move a supplemental appropriations bill quickly
when the time comes, if that need is identified.
I have made this commitment, and I will make it again here today,
that once the supplemental request is identified, I will move, as
chairman of the Committee on Appropriations, that supplemental request
in conjunction with my friend, the gentleman from Wisconsin (Mr. Obey).
We will move that supplemental appropriations bill quickly through this
House, and our colleagues in the Senate have agreed that they would do
the same.
So what I am suggesting today is that we cannot support today any
amendment that goes above the $20 billion. But we will move immediately
for a supplemental with the President's support and the Speaker's
support when the time comes that we do identify a need that must be
taken care of.
Mr. Chairman, I reserve the balance of my time.
Mr. OBEY. Mr. Chairman, I yield myself 2 minutes and simply make two
points in response to the gentleman's comment.
The issue is, should we provide this money now or should we wait
until the administration decides at a later date that it might be
necessary? I think strengthening inspections on the Canadian border is
something that should happen now, not later. I think that port security
personnel should occur now. I think that upgrading computers at the FBI
ought to occur now, not 6 or 8 months from now. I think that providing
additional security for a number of classified facilities around the
country that have severe security lapses ought to be corrected now, not
later.
The problem with the supplemental is that we have no guarantee that
it will not take months to get through. We can try to push it through
this House very quickly. That is no guarantee it will go quickly in the
other body.
Secondly, if you do it on a supplemental, it will cost more. I have
never in my life seen a supplemental pass through the Senate where we
were able to get a Senator to vote for it by taking something out.
Almost always they want to add something; and in the end, especially in
an election year, the costs rise.
So it seems to me the most fiscally disciplined way to proceed is the
way we have outlined in this amendment.
Mr. Chairman, I yield 3 minutes to the gentleman from Ohio (Mr.
Brown).
Mr. BROWN of Ohio. Mr. Chairman, I thank the gentleman from Wisconsin
(Mr. Obey) for yielding me the time.
I rise in support of the Obey amendment. Here is the issue. Partially
preparing for a bioterrorist attack is about the same as not preparing
at all. Bioterrorism preparedness is not preparedness without adequate
funding.
The majority and the administration have fallen far short of
achieving this goal. For example, the demands on the Centers for
Disease Control and its partners, State and local public health
departments, have never been greater. This week, CDC released a plan to
respond to a smallpox attack relying heavily, heavily on local and
State health departments; but public health facilities, more often than
not, do not have the capacity today to implement that plan.
Current funding levels cannot guarantee or even partially guarantee
preparedness for health departments. We can stockpile vaccines and
antibiotics; but without people on the ground to quickly identify and
quickly respond to threats, we simply are not prepared.
I want to remind my colleagues that stockpiling and distributing
antibiotics will only be a useful strategy

[[Page H8497]]

against bioterrorism if the underlying strengths of these antibiotics
is ensured and maintained.
Monitoring antibiotic resistance must be part of our national
strategy. During the last couple of months, thousands of Americans have
been prescribed the antibiotic Cipro because of a legitimate risk of
exposure to anthrax. Physicians tell us this use of antibiotics is
appropriate, but thousands of other Americans have sought prescriptions
for Cipro without any indication of need or risk of infection.
If the U.S. and the rest of the world begin using antibiotics like
Cipro, without any indication of need or even a risk of infections, if
that happens, these drugs will lose their effectiveness. When facing
lethal diseases like anthrax, it is important to find an effective
therapy quickly. Any delay can result in the deaths, literally, of
thousands of individuals.
To adequately prepare for a bioterrorist attack, State and local
health departments must be equipped to rapidly identify and respond to
antibiotic-resistant strains of anthrax. We must isolate emerging
antibiotic-resistant pathogens, track antibiotic overuse and misuse,
monitor the effectiveness of existing treatments over time; and that
takes money, the money the administration and the majority have refused
to allocate.
As the gentleman from Wisconsin (Mr. Obey) said, ensuring the safety
of imported foods was important before September 11, but more important
now. Americans would be astounded to know that the FDA is able to
inspect only seven-tenths of 1 percent of all the food that comes into
this country. That is one out of 140 crates of broccoli; one out of 140
crates of fruit; one out of 140 boxes of any imported food.
The FDA says to Congress it wants to ensure the safety of the food,
but the money is not there without the Obey amendment. The events of
September 11 require us to do more. Secretary Thompson a month ago
said, ``Am I satisfied with the inspection we are doing? No, I am more
fearful about this than anything else,'' he says. He wants to get to a
level of 10 percent inspection on imports, which would cost $300
million.
The gentleman from Wisconsin (Mr. Obey's) amendment allocates that
$300 million. Vote for the Obey amendment.

{time} 1530

Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Illinois (Mr. Kirk).
(Mr. KIRK asked and was given permission to revise and extend his
remarks.)
Mr. KIRK. Mr. Chairman, I rise to speak to issues regarding the Great
Lakes dental facility activity and the need for the high-speed anti-
radiation missile.
Mr. Chairman, the Great Lakes facility, in my district, is home to
the military dental research program, a joint venture of the Navy and
Army. In fiscal year 2001, the Congress provided $4 million for this
program. The research done at this laboratory is unique and not
duplicated by any other federal or civilian research program. It
focuses on keeping our nation's troops orally healthy and prepared for
active duty at all times.
Because of funding provided by Congress and your Committee, the
dental researchers have been able to develop: a combat face shield to
prevent head and neck casualties; dental materials which can be used in
harsh military environments; and an anti-plaque agent to prevent dental
diseases during military deployments.
Recent figures from Bosnia showed that there was a dental emergency
rate of 15.6 percent for deployed personnel. A dental emergency is when
active duty personnel are out of action due to an oral condition.
Evacuating soldiers because of severe oral conditions can be very
expensive . . . costing thousands of dollars. Therefore, the
researchers' goal is to keep the troops in good oral health and to
perform treatment on site. Research underway today is also focusing on
trying to prevent such emergencies from happening. They hope to more
accurately identify patients at high risk and prevent dental
emergencies before they undermine troop readiness.
It is my understanding, that with sufficient funding the saliva test
for anthrax could be successfully developed and delivered within 6
months. However, the administration requested no funding for this
program, and the Committee was unable to provide funding for this
program in its fiscal year 2002 recommendations. Without Congressional
funding, this research will be discontinued. Therefore, I hope that
when we go to conference on this bill, that we will be able to find
sufficient funding to continue this program and its valuable research.
I want to applaud the Committee on Appropriations for an important
recommendation which will lead to a significant upgrade in our
military's ability to destroy enemy air defenses. The Committee has
included $33.6 million for the Advanced Anti-Radiation Guided Missile
program in order to continue the upgrade of the HARM missile guidance
system.
As my colleagues know and all Americans have come to appreciate over
the last decade, suppressing air defenses is often the first task of
our combined air forces when the U.S. undertakes a military action.
This was true in Desert Storm, true in Kosovo, and has been proven true
again in the skies over Afghanistan.
Suppression of these defenses starts with eliminating the surface-to-
air missile threat. Our principal weapon to accomplish this critical
task is the HARM missile. Yet HARM technology is two decades old. To
guide the missile to a target radar, that radar must continue operating
throughout the flight of the HARM missile. The guidance system cannot
adjust adequately if the radar is turned off. Our adversaries have had
many years to learn of such deficiencies, and without question have
learned to capitalize on them by limiting the duration of a radar beam
and relying on alternate tracking capabilities.
In the Kosovo air campaign, approximately 1000 HARM weapons were
fired, resulting in the destruction of only a handful of targets. The
cost per kill was unacceptably high--over $80 million per target.
Fortunately, the Navy is currently developing a new seeker, the
AARGM, which will replace the existing HARM guidance system. The
program has achieved success thus far in three tests at the Navy's
China Lake test center in California. On August 29, after the third
test, the Navy announced that the test missile ``successfully
identified, tracked, and guided to the simulated air defense radar
target and impacted within the lethal radius of the HARM warhead. All
test objectives were achieved. With this success, the evolution of the
HARM weapon system from a SEAD, Suppression of Enemy Air Defenses, to a
DEAD, Destruction of Enemy Air Defenses, weapon continues on a
successful path.''
Mr Chairman, as a Naval Reserve Officer leading a team of
intelligence personnel in EA-6B Prowler electronic attack aircraft over
northern Iraq and Yugoslavia, I have witnessed first hand the
shortcomings of our existing capability to suppress enemy air defense.
I judge the effort to upgrade this capability to be vital to our
national security.
Frankly, upgrading the HARM seeker should only be the first step. We
also need to move forward rapidly to replace the HARM system in its
entirety. But AARGM is an excellent interim measure, and I urge the
Committee to support this item in conference to provide greater
protection for our air assets and personnel.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
distinguished gentleman from Virginia (Mr. Wolf), chairman of the
Subcommittee on Commerce, Justice, State and Judiciary of the Committee
on Appropriations.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Mr. Chairman, I rise in opposition to the gentleman's
amendment. We want to thank the gentleman for his commitment and strong
support for these programs, but the body ought to know we have
adequately funded these agencies.
After 9-11, we asked every agency that came before our subcommittee
to come in and tell us what the needs are based on what took place with
regard to 9-11. The INS has been increased by $1.1 billion over last
year. In the regular bill we have funded 570 additional Border Patrol
agents and 348 additional land border inspectors. The INS, in the
regular bill, was funded for a total of $5.6 billion and, in addition
to the regular bill, we are providing $409 million for INS through the
supplemental. That is an increase over last year over $1.1 billion.
With regard to the FBI, the FBI was funded for a total of $3.5
billion in the regular bill, and in addition we are providing $540
million for the FBI in the emergency supplemental. That is an increase
this year over last year to the FBI of $800 million. So the needs have
been met.
The subcommittee and the staff sat down with FBI, DEA, all of these
agencies, and the budgets were dramatically changed based on what took
place on September 11. And then, in addition to that, the supplemental
adds on and reflects what took place. So because of

[[Page H8498]]

that, I do not support the amendment and urge its defeat.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Serrano).
Mr. SERRANO. Mr. Chairman, I am pleased to rise today in support of
the Obey amendment to Division B of this bill.
As we all know, the needs that were so horribly exposed on September
11 will not be met with the $20 billion contained in this bill. We in
Congress will be providing additional resources for the critical
national needs of recovery, defense, and homeland security for a long
time to come. I believe the amendment by the gentleman from Wisconsin
gets us a little ahead of the curve by providing contingent emergency
appropriations.
We make sure the President has resources he needs when he needs them.
But the funds cannot be spent unless the President formally designates
them emergencies, assuring that this amendment will not trigger
uncontrolled spending.
In particular, I want to discuss the parts of the amendment that are
in the jurisdiction of the Subcommittee on Commerce, Justice, State and
Judiciary, of which I am the ranking Democrat. Now, I am pleased that
the chairman of the subcommittee, who just spoke, and I were able to do
much better for the agencies than in past years. But even Chairman Wolf
would have to admit that those agencies have come back to us and said
that they need further assistance, and that is what the Obey amendment
intends to do.
Now, Chairman Young also did a wonderful job in trying to meet the
needs in this bill. The chairman's package includes $400 million for
counterterrorism grants to States and local first responders, and he
also puts in money to create Radio Free Afghanistan. The supplemental,
however, does not speak to the issues that the gentleman from Wisconsin
(Mr. Obey) speaks to. And what I would like to do is simply remind my
colleagues the Obey amendment contains an additional $569 million for
the FBI, so that they can continue their investigation; $128 million
for construction needs for the INS; and $150 million, of up to $400
million already in the bill, for the Justice, State and local
counterterrorism first responder grants.
In other words, what we are trying to do here today is, first, pay
respect to the fact that Chairman Young and the appropriators have come
together and put together a bill that deals with a lot of these issues,
but in doing so left out a lot that needs to be done. This is a very
crucial time we are dealing with, this is a very difficult time, and
the Obey amendment should be supported.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
distinguished gentleman from California (Mr. Lewis), chairman of the
Subcommittee on Defense of the Committee on Appropriations.
Mr. LEWIS of California. Mr. Chairman, I thank the gentleman for
yielding me this time, and I will not use all the time, but I rise to
express to the body my deep appreciation for the work of my chairman,
the gentleman from Florida (Mr. Young), and the ranking member, the
gentleman from Wisconsin (Mr. Obey), in this entire matter.
As many of my colleagues know, our Subcommittee on Defense had come
together to mark up the base bill of $317 billion on the very morning
of September 11, only to adjourn our meeting for obvious reasons. All
of us recognized that America was faced with a new challenge like we
had never faced in our own lifetimes. And indeed, since that time, the
chairman and the ranking member, those people who are involved in
defense appropriations, have worked hand in hand to try to make sure
that we laid the foundation to be certain there was enough funding
available to see us through these very difficult months ahead.
As the chairman has suggested, and the ranking member knows as well,
this could be a very, very long struggle. The challenge is real, and
all of us are committed to winning this war against terrorism. If it
should go forward well beyond the few months ahead of us, there will
absolutely be a need for additional funding. I intend to give all of my
personal effort to making certain that adequate funding is available.
If we need to come back in January, we will come back in January. If we
need to come back in March with a supplemental, we will come back in
March.
But, indeed, at this point in time, I have to support the position of
my chairman that we should not go beyond the $40 billion because of all
the reasons that have been outlined here.
First, we need to get a handle on what we can best estimate the costs
are, and then one step at a time. The public, as well as the Congress,
can be assured we are not going to fail because of lack of
appropriations to fight this war.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from the District of Columbia (Ms. Norton), who does not
have a vote in this House but who should have.
Ms. NORTON. I thank the gentleman for yielding me this time and for
his generous words, and I rise in strong support of the Obey amendment
in its entirety.
Do my colleagues know what had to be done to get in the Obey
amendment? There had to be a showing that these funds, to be spent in
2002, would be spent under a strict definition of emergency
preparedness.
September 11 woke Congress up to who its own first responder is. It
is the emergency personnel of the District of Columbia. Sure, they are
responders for 600,000 residents who live here, but they are also
responders for hundreds of thousands of Federal employees, for the
Congress, for the Supreme Court, for the entire Federal presence. There
are two cities here joined at the hip, and both are dependent on
police, fire and emergency help from the District of Columbia, for
which those personnel are dangerously underprepared.
There is virtually no equipment equal to responding to September 11
or bioterror attacks. To make matters worse, the District is just
coming out of the worst financial crisis in its history, where much of
its first responder equipment for the hometown was taken down.
Because so much was at stake, the gentleman from Wisconsin (Mr. Obey)
placed equipment and training for first responder to terrorist attacks
here for the District of Columbia.
It is folly to delay this funding, my colleagues. Look at the kinds
of things that are being funded. Personal protective equipment and
chemical and biological detection equipment for D.C.'s police and fire
personnel. Why? Because we cannot expect personnel to go into terror
and bioterror sites unprotected. Would we not be reluctant? Antidote
kits for nerve agents. First response land line communications.
Those who say come back next time ought to understand that this is
the kind of equipment that we are talking about, equipment that would
be needed tomorrow, Health Department onsite response for this place
and for the entire District of Columbia.
The bill going through here for emergency preparedness has already
included the District of Columbia. It is time we put the District of
Columbia in our appropriations so that we can fight whatever is
necessary.
Mr. YOUNG of Florida. Mr. Chairman, I yield 6 minutes to the
distinguished gentleman from Ohio (Mr. Regula), chairman of the
Subcommittee on Labor, Health and Human Services.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I want to point out some things. First of
all, the gentleman from Wisconsin (Mr. Obey) has been extremely
supportive of all these activities. He is the ranking member on our
Subcommittee on Labor, Health and Human Services and we have
responsibility for funding Health and Human Services. What I want to
address is that portion of the bill.
And I might say that the gentleman from Wisconsin and myself have
worked very closely in our bill that passed some weeks ago in funding
these items, but it was prior to September 11. I want to point out that
what is proposed today are very substantial increases.
On one instance we are talking about $509 million. This is money
already in the bill, without any addition: $509 million for 300 million
doses of smallpox vaccine; $594 million to acquire medicines, supplies
and equipment for the

[[Page H8499]]

national pharmaceutical stockpile. That is enough to treat 10 to 12
million persons exposed to anthrax and other bacterial infections, and
to increase the push-packs.
A push-pack is a sort of a package, maybe the size of a big
semitrailer that you could haul furniture in, and in that push-pack is
everything needed to deal with a whole variety of bioterrorist types of
diseases. The push-packs are strategically located around the country
so that if there is a crisis at any one locality, they immediately have
the supplies, whether it is anthrax vaccine, smallpox, serin, or
whatever it might be. We have the money to buy these, to put them in
place.
It provides for State and local planning and training for
distribution because a key element here is the local health
departments. If there is a crisis, it cannot all be managed from
Washington. It depends on the State health departments, it depends on
the local health departments.
We had a meningitis scare in my district some months ago, and on the
scene was the local health department, the local officials, the State
health department and the Centers for Disease Control. It was a team
effort. And what we are already providing in this bill is the materials
to do the team effort in the event of a crisis in any given locality.
There is $423 million to upgrade State and local capacity. This is a
very important feature of the bill that is before us, to ensure that
these State and local officials are trained, that they have the
materials to deal with a crisis, whatever it might be. So that is
another great strength, and that $423 million will do a lot of training
and provide a lot of materials.
State and local health departments will have $500 million for
capacity upgrades. Again, I cannot emphasize enough that to be ready
for a crisis, whatever it might be, there needs to be local and State
input as part of an overall plan. One of the reasons we are saying at
this moment let us not spend more money in addition to what I have just
been describing until we have a plan, until our Secretary Thompson puts
in place a long-term plan detailing what is needed, how money would be
spent. I do not think just shoveling money at a problem is any
solution. If we have a good plan, we can use the funds available far
more wisely.
It also provides $133 million for public health infrastructure, $100
million for State and local preparedness planning, $90 million for
early detection surveillance. I am talking about what is in the bill
now, not the extra money that is proposed. The bill has $95 million for
upgrading capacity at the Center for Disease Control, and there are a
whole series of components in that: security at the CDC internal
laboratory capacity; $20 million for epidemic intelligence service; $15
million to evaluate the effectiveness of masks and respirators; $10
million for rapid toxic screening.
It also provides $170 million to hospitals. It is important that we
get local hospital personnel educated and equipped, because if there is
a crisis, there is where we have to address it, there is where people
need to be cared for, and we recognize that. We put in $170 million for
emergency services and allowing the hospitals to upgrade their training
and their facilities. It also has money to ensure the Nation's health
facilities have equipment and training to respond to a mass casualty
incident.
For example, we are going to have the Olympics in Utah. They need
money to be prepared out there where we will have a great number of
people in a locality. Another example is the Super Bowl and all sorts
of similar group events. We have money to help local people be ready,
to be prepared, hospitals and doctors; to have the facilities. The
push-packs will provide the materials, but we need trained people, and
that is what we do in this bill.
We have $10 million for children's post-traumatic stress disorder.

{time} 1545

This is something that has been with us, but very much emphasized by
the events of September 11.
There is $50 million to accelerate the research and development of
new safe vaccines for smallpox and anthrax.
All I am saying is that this bill has $2.5 billion to address these
problems, and we are saying let us take a look and have a plan, and
then we will come back with a supplemental and probably we will be very
supportive of that, provided the proposed expenditures fit a plan, and
the money will be used wisely. We do not know what is down the road.
Therefore, we need to have the capacity to address whatever problem
comes up and have the funds available to met a future crises.
It certainly indicates that, as of the passage of the bill, we have
provided an enormous amount of resources in the bill before us to
develop a whole host of possibilities for responses terrorism.
Mr. OBEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, let me first of all
acknowledge the very strong working relationship between the gentleman
from Florida (Mr. Young) and the gentleman from Wisconsin (Mr. Obey). I
come to the floor recognizing their good working relationship, but I
enthusiastically rise to support the Obey amendment because it is
important to note that fighting terrorism is costly, and it requires a
proactive posture.
Terrorism and the fight of terrorism is ongoing. Even as I left my
hometown of Houston just 48 hours ago, the FBI made an announcement
that our refineries were a potential target. Terrorism is everywhere;
and although we are not kneeling and yielding, although we are prepared
to fight, it is extremely important that we go forward now and not
wait.
In particular, I rise on several points of the Obey amendment as it
relates to domestic security, homeland security. Anytime we are
attacked in a bio-terroristic war, Members can be assured that our
local health centers and hospitals will have the greatest impact. In
the committee bill there is only $593 million; in our proposal, $915
million. If we had in any of our areas, rural, urban, suburban, some
sort of bio-terrorist attack, the individuals would only have to go to
these hospital centers in large mass to get vaccinations. These
entities cannot stand up under the brunt of that kind of impact. And
the resources are definitely needed.
We talked about the tragedy in the postal service, the loss of lives
of postal workers. The U.S. Postmaster General has asked the question,
can we sanitize all of the mail? In order to do that, we need the
resources. This particular domestic security bill provides $500 million
where there is no funding in the existing legislation.
As the ranking member of the Subcommittee on Immigration and Claims,
let me suggest that we need more dollars. The extent of our borders and
the lack of supervision, not because of the lack of commitment of our
employees, but because we do need more resources, this particular
legislation provides additional Customs agents and other resources for
the Canadian border. It provides the additional opportunity to review
the biometric card at the southern border.
Mr. Chairman, one of the reasons there is such a backlog to move
traffic and secure the borders, we have the biometric card, but the INS
does not have the resources to read it. That is a new design card to
help secure our borders.
It is interesting that the gentleman from Wisconsin (Mr. Obey) noted
in years past or before September 11, the oceans protected us. They do
not now. This particular legislation also has resources for our Coast
Guard because now we need them to secure us. In Houston we have one of
the major ports of the Nation.
I believe we must recognize that terrorism is ongoing, that we are no
longer protected by the oceans. Although we stand boldly and tall to
fight terrorism in a fair-minded way, we need the resources and must be
proactive now. I beg my colleagues to support the Obey amendment and
overrule the point of order.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3\1/2\ minutes to the
gentleman from Oklahoma (Mr. Istook), the chairman of the Subcommittee
on Treasury, Postal Service and General Government.
Mr. ISTOOK. Mr. Chairman, we are often impatient people in the United
States; but as the President has reminded us, we must be patient. This
will be a long-term effort against terrorism and protecting our
homeland. While we are doing these things, we have to make a lot of
changes to prepare to be able to do it right.

[[Page H8500]]

This week the Marines have landed in Afghanistan. Some people say why
were they not there already? Well, the time was not right. We have to
proceed in an orderly way to accomplish the maximum results. That is
what we are trying to do. I appreciate that the author of this
amendment has not questioned the priorities of the bill before us. He
has just said he wants to do more, and he wants to do it now.
Many of us say, however, we need to look at what we have done in this
bill and understand that we are doing things in an orderly fashion and
we are putting the money where the priorities are greatest. And we
have, as Congress, asserted some of our priorities that differ a little
bit from the administration. That is part of developing consensus. But
we cannot do everything yet; we are not ready. We are not able to do
everything yet. We must be patient. Books come in chapters. Plans come
in phases. In a major construction project, public works or otherwise,
it is necessary to design the plans, start digging and preparing the
site, lay in a foundation, start with the walls, move on to the
ceiling, the interior, the landscaping, and do the utilities along the
way. What happens with the funding? It comes in the form of progress
payments.
Mr. Chairman, as we are ready and willing to do certain things, the
funding is there. As we are ready and able to do things in protecting
our homeland, the funding is there; it is being provided by this
Congress.
I want to address some of the things that we have done. For example,
some people have mentioned border security. Even before September 11,
in our subcommittee we had already provided an additional 285 positions
for the Customs Service to inspect the cargo as well as the people
coming into the United States of America, as well as enhanced spending
on inspection technology.
In this measure on top of that, we are funding an additional 277
Customs Service positions at the northern border and 460 at seaports.
Why? Because we know we have to have more homeland security, and we
have to staff the entry points better than we have been doing, and we
are doing so.
The postal service has already received $170 million out of funds
allocated by this Congress to help them find ways to make the mail more
secure. They are using that funding already for their pilot projects of
testing this irradiation technology to remove any contamination that
might be present on or in the mail. We have been pursuing these things,
but we are not ready to go further. The postal service will not be
ready for some time to know if this technology will do what it promises
to be able to do, and will do it without side effects and without
unintended consequences.
We are not ready to go further; but we are putting more money into
training and preparation. We are putting the money that we need for
homeland security already in the base bill. Let us not be impatient and
try to skip forward to the end when we do not know everything that is
going to happen and everything that is going to be needed. We have a
very responsible piece of legislation in front of us; and I oppose this
amendment although I appreciate the intent with which it is offered to
protect our homeland.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Washington (Mr. Baird).
Mr. BAIRD. Mr. Chairman, I thank the gentleman and I rise in strong
support of his amendment. In the aftermath of September 11, our whole
Nation has learned to be more watchful. The Federal Government has
increased its efforts as well, and the gentleman from Wisconsin (Mr.
Obey) has developed an amendment which would plug many remaining holes
in our security system, and I believe we should pass it.
I would like to address one particular part of that amendment which
would have been especially important because it deals with one of the
most basic elements of our daily lives, the safety of our water
systems.
Our drinking and waste water systems are now extremely vulnerable to
terrorist attack. Early this month in the Committee on Science, I
helped put together a bill which passed that committee unanimously and
would authorize $60 million for research and development of methods to
monitor and protect our facilities and our water.
The amendment of the gentleman from Wisconsin (Mr. Obey) would have
taken this idea one step further by providing $190 million for
vulnerability and security assessments, and, importantly, for the
implementation of protections. The amendment of the gentleman from
Wisconsin (Mr. Obey) would have provided $156 million more than the
administration request, and $80 million more than the majority package
which did not call for waste water facilities to be protected at all.
This amendment would have provided the means necessary to keep the
system which all Americans depend on safe from attack. Without it, I
believe we leave gaping holes in our security network. I support the
ideals of the gentleman's amendment.
Mr. Chairman, we all realize how much more should have been done to
bolster airport security prior to September 11. We are now given a
chance to protect our water supply and other infrastructure before they
are subject to attack. I believe the gentleman's amendment does that
and I rise in strong support.
Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the
gentleman from California (Mr. Cunningham), a member of the Committee
on Appropriations Subcommittee on Defense, and a Member who knows
something from personal experience about taking the war to the enemy as
a Naval fighter pilot and the first American ace in Vietnam.
Mr. CUNNINGHAM. Mr. Chairman, the Subcommittee on Defense and the
Permanent Select Committee on Intelligence is the absolute best
committee, I think, to serve on in this House. When we go to our
meetings, we do not know the difference between Republican or Democrat
when it comes to defense issues.
The gentleman from Pennsylvania (Mr. Murtha), the ranking member; the
gentleman from Washington (Mr. Dicks); the gentleman from California
(Mr. Hunter); the gentleman from Missouri (Mr. Skelton), all work for
the security of this Nation.
One reason it is difficult to oppose the Obey amendment is that the
gentleman from Wisconsin (Mr. Obey) in many cases is 100 percent on
target. How many Members took time during the break to visit sites that
were vulnerable? The gentleman from Wisconsin went to those sites and
saw those vulnerabilities. He talked to the organizations regarding
where they were deficient, and they are; and I agree with that. Members
of the committee also agree with the gentleman from Wisconsin (Mr.
Obey). Most Members did not. I did not; I was in the hospital. But many
people did not take time away from their families like the gentleman
from Wisconsin (Mr. Obey) did, but he was concerned about national
security.
Mr. Chairman, I would say along with the amendment of the gentleman
from Wisconsin (Mr. Obey), not exaggerating, there are a million
vulnerable areas, over a million. That is why terrorism is so tough to
handle. There is no way that we can prepare and do the studies and
things that we need to fight against those threats. The gentleman from
Wisconsin (Mr. Obey) has done a good job at identifying some of those
threats, and I believe with all my heart that the President is going to
come up and help fund some of these; but we are still not going to have
enough.
I would say to the Members that many of us warned that there would
come a day when we would have defense needs and we would not have the
resources to meet those needs. Mr. Chairman, 126 deployments under the
previous administration has put defense $250 billion in the hole.

{time} 1600

We have not been able to modernize. The intelligence agencies in
which this amendment asks for, the FBI, the CIA, the NSA, they had to
deploy every time that the military did and stretch their limits.
Retention is only 25 percent in each of those services. They have not
been able to modernize.
We do not have enough JDAMs, which is a guided bomb, to complete our
mission in Afghanistan. We are short those weapons systems. The Su-27,
an older airplane that Russia is exporting to many nations, our pilots
die in our F-14s, F-16s, F-18s, 95 percent of the time, both in the
intercept and in

[[Page H8501]]

the dogfight, because we do not have the money to modernize those
services and that equipment. The intelligence agency is the same way.
We feel a little bit like Billy Mitchell, warning that there would
come a day when we needed funding. And did we ever figure that we would
be fighting a war on our own turf and then trying to fund the military
and this at the same time? I know my colleagues would agree, there is
only so much money. Yes, education is important. Social Security trust
funds are important. National security is important. We are only 3
months into this war. It is going to be a long time, and we cannot just
keep putting more and more money into it, even though I think we need
it and many of the things that the gentleman from Wisconsin talks about
are needed.
That is why I reluctantly oppose the gentleman from Wisconsin's
amendment. But he is a good friend.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Texas (Mr. Green), a State which has a number of very
serious security threats which we are trying to correct in this bill.
Mr. GREEN of Texas. Mr. Chairman, I thank my colleague, our ranking
member, and, frankly, a lot of the members of the Committee on
Appropriations, and I rise in support of his amendment because I
represent one of those security areas.
This amendment would fully fund the emergency request of the U.S.
Coast Guard. Since the attacks of September 11, the Coast Guard has
been stretched to the breaking point as they attempt to increase their
operations and tighten security at all our Nation's vulnerable ports.
This amendment would have provided millions of dollars to increase
security at ports along our coasts, including the Port of Houston which
is the Nation's largest port in terms of foreign cargo. It is the
eighth largest port in the world. Each year almost 7,000 vessels and
175 million tons of cargo transit the Houston ship channel on their way
to the port. According to current Coast Guard estimates, approximately
half of all dangerous and high-interest cargo travels along the Houston
ship channel in our country.
Along with the large volume of petroleum and other energy-related
products that move through the Port of Houston each year, other top
commodities include fertilizers, organic and inorganic chemicals. Each
of these cargoes is a potential target for terrorism and any attack
could kill or injure thousands, as well as create an enormous
environmental impact in the greater Houston area and southeast Texas.
Since September 11, the Coast Guard, despite its limited resources,
has dramatically increased security at the Port of Houston and the ship
channel along with other ports around the country, with water patrols
in our channel and everywhere else at all times, and more frequent
dockside and shoreline patrols. The Coast Guard is also boarding all
``high interest'' vessels before they transit the ship channel. They
now receive 96 hours' notice of ship calls and receive all crew lists,
which they share with the law enforcement community.
While the Coast Guard in cooperation with local authorities have done
an excellent job with the resources at their disposal, they will not be
able to maintain their efforts without additional funding. We are
wearing out our Coast Guard personnel. The President has requested only
$203 million to cover 6 months of the activity. This bill today,
without the Obey amendment, puts continuation of these increased
activities in jeopardy, even falling $58 million short of the
President's request.
That is why, Mr. Chairman, I support the Obey amendment, and whether
it is now or through the conference committee, we will see an increase
in our funding to support our Coast Guard.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Kansas (Mr. Tiahrt), a member of the
Defense appropriations subcommittee.
Mr. TIAHRT. Mr. Chairman, I believe it is appropriate to tell the
gentleman from Wisconsin with respect to his amendment, ``not now,''
rather than to just say no. Most people in America are aware that our
military has been in decline for a decade. Procurement was lean,
recruiting lagging, and maintenance budgets were too low. This bill
starts the process of returning our military to its full luster. This
bill goes beyond to fund $5.4 billion for domestic security, protecting
against bioterrorism, providing airport security, meeting law
enforcement and other domestic security needs.
But the gentleman from Wisconsin says we are not spending money fast
enough. We do need to take some time, and here is a good example. In a
hearing last month, a joint House/Senate transportation appropriations
hearing, an engineer testified that to secure a cockpit door, an
airplane needed to have a new metal bulkhead, pressurized doors, and a
separate environmental system. Easily that would cost the extra one-
quarter of a billion dollars that the gentleman from Wisconsin has. But
some airlines have already secured their cockpit doors with a simple
locking device that looks like an auto antitheft device called The
Club.
Mr. Chairman, let us take time to do the job right. Let us look at
what the needs are, let us balance what those needs are going to be,
and let us reject the Obey amendment.
Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
I would like to respond to something the gentleman just said. He says
that we should not be impatient because the airlines have taken care of
their cockpit security. Yes, they have done it, on the cheap, Kmart
style.
The fact is that this bill contains $250 million less for cockpit
security than the President recommended. It contains that lower amount
of money because it added to the President's request for sky marshals.
I agree that was a higher priority, but in my view both of them should
be funded. You ask any citizen in America, Do you want those cockpit
doors secured by a temporary device or do you want them secured in a
way that will hold against the most professional attacks, and you know
what the answer is going to be. They do not want us to be temporizing
and they do not want us to be patient. They want us to be impatient,
they want us to be aggressive, and they want us to act now.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from New Jersey (Mr. Frelinghuysen), a member
of the Committee on Appropriations.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to this
amendment, for as a committee and as a Congress we have made the tough
choices with this bill and others we have considered since September
11. Make no mistake about that. This is a bipartisan bill that meets
the immediate needs of our troops and their families and, most
importantly, as our troops and militaries fight in Afghanistan as we
speak here this afternoon, we are united behind them as Americans and
as Republicans and Democrats.
In this bill, we have added a new appropriations title and $11.7
billion for our homeland defense, $1.6 billion of that new money, to
fight that which may occur against our Nation that involves chemical,
biological and, God forbid, nuclear threats.
Can anyone be entirely comfortable, to use somebody else's adjective,
with every action or every expenditure or dollar amount that is
considered or put into this bill? Of course not, since these terrorists
fight by no rules. They kill civilians. But I think we would all agree
that we have a greater confidence than we did a month ago as we go
about routing them out at home and abroad. We now have a proactive
homeland defense leader in Governor Ridge, who is pulling together
disparate parts to do the job at home. We have an activated group of
emergency management and law enforcement personnel in our States and
lower jurisdictions. And yes, we have a public more vigilant, more
aware, and more willing to sacrifice to fight terrorism at home and
abroad.
Some have suggested we need billions of dollars more for defense. We
may need more money, but let us make decisions for further
supplementals after we hear from our President and Commander in Chief,
and I am sure we will.
Mr. OBEY. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Chairman, God forbid if the terrorists of September
11 had a nuclear bomb parked in a truck placed in lower Manhattan, 2
million innocent American citizens would have

[[Page H8502]]

died on that terribly tragic day. That is 500 times more people than
were actually killed, as horrible and as inconceivable as that was.
I find it incredible that in this bill, after September 11 and all
that we have learned about nuclear threats and terrorist threats, that
this House could find $265 million to protect 535 Members of Congress
and our staffs but could not find one dime to protect 281 million
Americans from the real threat of nuclear terrorism. In fact, without
the Obey amendment, this Congress will have actually reduced funding
for the programs designed to keep nuclear material out of the hands of
terrorists.
We might ask, how serious is the threat of nuclear terrorism against
American citizens? Just earlier this year, a bipartisan commission,
after a year-and-a-half study headed by former Senators Howard Baker
and Sam Nunn as well as Lloyd Cutler, called nuclear terrorism against
the U.S., and I quote, ``the most urgent unmet national security threat
to the United States today.'' More recently, President Bush on November
6 made this statement: ``We will not wait for more innocent deaths. We
will not wait for the authors of mass murder to gain the weapons of
mass destruction. We act now because we must lift the dark threat from
our age and save generations to come.''
Have we acted now? Have we acted in this bill to protect 281 million
Americans from the threat that President Bush, Senator Baker and
Senator Nunn have talked about of nuclear terrorists exploding a bomb
right here in the United States? The answer is no. Worse than taking no
action, we have actually reduced funding for those programs.
For this Congress to reduce funding for those important programs at
this particular time in our history is a dangerous and irresponsible
mistake. The Obey amendment would add specifically $131 million to
protect 600 metric tons of highly enriched uranium in Russia that our
Department of Energy has said is in urgent need of immediate upgraded
safeguards.
Protecting the Congress from terrorists is a legitimate thing to do
in this bill. Protecting Congress, our Capitol and Members of Congress,
as part of our democracy is a valid thing to do, but no program is more
important, no priority should be more important than protecting the
American family from nuclear holocaust at the hands of terrorists.
We should support the Obey amendment, Republicans and Democrats
alike. As President Bush said, we must, we should act now.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
distinguished gentleman from Alabama (Mr. Callahan), a cardinal and
chairman of an appropriations subcommittee.
Mr. CALLAHAN. Mr. Chairman, the previous speaker just said that we
are not appropriating one dime for this Russian nonproliferation
program. Let me say that he is absolutely right. We did not appropriate
one dime, we appropriated $541 million just a few weeks ago.
What is the nonproliferation program? When we decided and reached an
agreement with the Russians that we would downsize our nuclear weapons
stockpiles, we agreed that we would assist the Russians in finding ways
and means to narrow the size of their stockpiles. They are not helping
us narrow the size of ours, but we are doing it; but we are spending
$2,000,000 a day already in Russia. There is no doubt that we could
spend more, but that may not even be possible because the Russians do
not let us go in and just carte blanche do whatever we want to do. We
have to do it in conjunction with their security requirements, too.
While the gentleman may be right, there may be some need for
additional moneys in the spring, I will stand with him on this floor
and I will assure you that we will give them whatever money they need
to ensure that every effort is made to downsize the nuclear situation
in Russia.

{time} 1615

But to stand here and tell the American people today that we cannot
afford one dime is a long cry from the real world, and the real world
is we are spending $2,000,000 a day already in Russia. So I think that
is a sufficient amount. It is as much as we can spend. And if, indeed,
they can come and justify more, and I intend to hold hearings in the
spring to see if indeed they do need more, I will assure the gentleman
and this Congress that we will do whatever is necessary to make sure
this program is successful and that none of the gloom and doom as
presented by the gentleman from Texas would ever take place.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the gentleman from Texas
(Mr. Edwards).
Mr. EDWARDS. Mr. Chairman, I have great respect for the gentleman
from Alabama (Chairman Callahan). I am a Member of his subcommittee. He
has made a genuine effort to try to increase necessary funding to
protect Americans from the threat of nuclear terrorism. I would,
though, differ with the gentleman on several points.
First of all, my comments, I did not say in my statement a few
minutes ago that we are not spending one dime on these programs. What I
did say is that in this bill we found $250 million above whatever else
we were already spending to protect 535 Members of Congress; but in
this bill, while we were doing that on one hand, we could not find one
dime of additional money to spend on the programs designed to keep
nuclear material in Russia from getting into the hands of terrorists.
Furthermore, the gentleman said we will give everything to these
programs they will need. I respect the gentleman. I think if the
gentleman could individually make a decision, we would have additional
funding this year for this. But that is the same promise that was made
to me just a few weeks ago when my amendment to add more nuclear
nonproliferation funds was defeated in the energy and water bill. I was
told if I will just wait until we get to the defense appropriation and
supplemental bill, we will add additional funding.
The real question and the fair question to ask is should we act now
or act next year? I would suggest our own Department of Energy has
listed specific programs where there is a tremendous need now.
The gentleman said if we had more money, could we spend it now? The
answer to that is yes. In fact, it is the Bush administration that on
September 26 signed a new agreement with Russia that opens up numerous
new sites where nuclear materials are located. Right now we have a
window of opportunity to go in and provide security for those sites so
that nuclear material will not get in the hands of terrorists and end
up in downtown New York or Los Angeles in a bomb.
We not only can spend more money now efficiently and effectively, I
think that is a responsibility. I think that is our obligation. We
could do it in this bill.
The CHAIRMAN. The gentleman from Florida (Mr. Young) has 13\1/2\
minutes remaining, and the gentleman from Wisconsin (Mr. Obey) has
11\1/2\ minutes remaining.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman
from Alabama (Mr. Callahan).
Mr. CALLAHAN. Mr. Chairman, in response to the gentleman's comments,
he did not indicate in his presentation, as best I heard, that we have
just 2 or 3 weeks ago appropriated $541 million for Russian programs.
That is in addition to the money that the Russians are putting in. Let
us assume they are putting in at least half of it. So that is $1
billion that is available to downsize these programs.
If they need more and come back, we will indeed weigh what they tell
us; and at that time, during the spring session, we will, if there is a
supplemental bill, or even we might create one, we will give them the
additional money. But to say that there is an inadequate amount of
money to protect the American people to the best of our ability at this
point, the gentleman is wrong. I do think they have a sufficient amount
of money. They may not have enough next fall. If we reach that point,
we will address it at that time.
Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I will say flatly that there is an insufficient amount
of money appropriated by this Congress to protect the safety of the
American people from new weapons-grade nuclear material in the Soviet
Union and elsewhere.
Mr. EDWARDS. Mr. Chairman, will the gentleman yield?

[[Page H8503]]

Mr. OBEY. I yield to the gentleman from Texas.
Mr. EDWARDS. Mr. Chairman, despite all of the good efforts, and they
have been good efforts, of the gentleman from Alabama (Chairman
Callahan), the bottom line is this: despite the tragedy of September
11, this Congress, without passing the Obey amendment today, will have
cut funding for the primary programs intended to keep nuclear materials
in Russia from getting into the hands of terrorists and killing 2
million innocent men, women, and children here in America. We can do
better than that.
My hope is with the bipartisan leadership of this House, we will do
better. We ought to do better in this bill by passing the Obey
amendment. I certainly hope we will do better in conference committee
and adequately fund these important programs that our Department of
Energy has said should be funded now.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from Tennessee (Mr. Wamp), a member of the Committee on
Appropriations.
Mr. WAMP. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, we have heard this debate at the subcommittee level, at
the full committee level, and now on the House floor; and it is an
appropriate debate, a good debate. I, too, want to thank our
distinguished ranking member for the time that he has invested in all
of our preparedness issues, not just since September 11, but prior to
that, and the gentleman from Texas for his continued advocacy for
nuclear nonproliferation and the investment that is required by our
Nation and a responsible Congress in this area.
I represent Oak Ridge, Tennessee, the home of the Y-12 weapons plant,
and we have had some division about moving monies around. We are
adequately funding our preparedness in this country.
I understand the comments of the gentleman from Wisconsin (Mr. Obey).
I understand his comments about us not spending enough money. But if
you are looking at the nuclear weapons in the world and the stockpiles
that we must maintain in order to have this deterrent, you could not
hardly spend enough money to guarantee globally at all times total
safety, unequivocally, no matter what, whenever, however. You could not
possibly spend enough money. So it is kind of an arbitrary thing.
One thing I am proud of is this defense bill adequately funds the
needs that we know of today with a full commitment that when the
administration that is responsible for the leadership of foreign policy
and the determination of the levels at which nonproliferation will
bring us to, I love to see President Putin and President Bush together,
coming together, talking about reductions, talking about maintaining
safety and security for any weapons stockpiles there or here and what
is going to be necessary.
But I want the administration to tell us what will be necessary in a
timely manner and for the Committee on Appropriations to respond to the
administration, not to arbitrarily come up with a figure and say that
this is it. We need to do it in the right time, and we will.
This is a responsible bill. We need to vote down the Obey amendment
and pass the bill that is on the floor today.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Chairman, I rise in support of this amendment for the
reason that should it fail to be adopted, we will essentially be
reneging on a promise we made to the American people 9 days ago. On a
bipartisan basis we adopted an airline security bill that, amongst
other things, would require that every bag that goes into the belly of
an airplane will be screened for an explosive device, something
Americans have expected and really thought has been done for a long
time.
The President signed that bill into law 8 days ago. It is now the law
of the United States of America, and a promise has been made to the
American people that every bag will be screened for an explosive device
within a certain time period, within 1 year by a machine, and within 60
days by either manual inspection, a dog sniffing, or positive bag
match. We did that on a bipartisan basis. The President signed it. It
is the law of the United States of America.
But this morning I open up the Washington Post, and I see that the
administration has said they are not going to meet these deadlines.
Planes are going to still take off with bags in the belly of an
airplane that could have a bomb in them that will not be screened. That
is unacceptable to the American people. It should be unacceptable to
us. The reason we have been given from the administration is apparently
there is some resource inability, a lack of resources, to hire the
people or the dogs it takes to get this job done.
This amendment will give the administration adequate resources to
make sure the commitment we, on a bipartisan basis, made to the
American people is fulfilled. If we do not do this, it will not be
fulfilled.
To me, there are going to be a lot of disappointed folks who thought
we were making sure their bags were screened for explosives. Then
apparently we do not give the administration enough money to hire the
people to do it. People are going to be very, very disappointed.
This amendment will allow additional expenses. We ought to pass this
and fulfill this statutory commitment we made to the American people.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
distinguished gentleman from Texas (Mr. Bonilla), the chairman of the
Committee on Appropriations Subcommittee on Agriculture.
Mr. BONILLA. Mr. Chairman, I thank the chairman for yielding me time.
Mr. Chairman, this amendment is well intentioned. Hats off to the
gentleman from Wisconsin for offering the amendment, because I know his
intention is similar to what we all want to accomplish here today and
have been working on for many months, and that is to provide the
administration enough money to deal with any terrorist threat that
currently exists. Whether it is money for the Justice Department, the
Defense Department, the Agriculture Department, you name it, we have
worked in a bipartisan way for months now to try to provide enough
funds for every aspect of the war on terrorism.
Specifically, I chair the Committee on Appropriations Subcommittee on
Agriculture, and we put $61 million additional money, more money, for
increased inspections of imported food products. The amendment the
gentleman offers would increase the amount available for inspection of
food imports by $239 million, and the statement by the gentleman says
the amount would increase the level of effort to cover 10 percent of
all food imports. But why is this a good number, and why is it the
right number, and why is it any better than the amount we provide now,
or should we provide more?
Mr. Chairman, what we have tried to do is work in a practical way
with the experts involved in this every day at USDA and provide the
right funding level. Again, we did this in the agriculture
appropriations bill that was supported overwhelmingly in a bipartisan
way, working hand in hand with the administration.
The President's budget also included over $34 million to accelerate
the availability of drugs, vaccines and devices. This amendment does
not propose to increase the level of effort for this activity. Why not?
The question would be, is it more urgent to check the last can of
imported olives than it is to review pharmaceutical products for safety
and efficiency?
Mr. Chairman, what we have before us is an attempt to strike a
balance. We have worked hard to find a balance in recommending the
resources for FDA's many regulatory activities and protecting public
health.
Could we do more? Perhaps, and all of us want to do that when the
time is right and the appropriate budget requests come in. Would more
resources guarantee a higher level of security at this point? That is
not clear at all, and that is why we are trying to use every reasoned
measure to put the spending bills together as a group this year.
I ask Members to think hard about this. Our subcommittee just
completed its work on our fiscal year 2002 appropriations conference
agreement which

[[Page H8504]]

was just signed into law this afternoon. That agreement included $1.3
billion, billion with a B, for the FDA; and it was by far the largest
appropriation ever for this agency. It is my view that that amount,
together with the additional $104 million included in this bill, will
provide sufficient resources for FDA to continue its good work in
protecting the public health, as it has for 100 years.
So, again, we all want to do the right thing here; and, again, the
gentleman's amendment is well intentioned, but at this time it is not
the right thing to do. We are trying to act responsibly.
I urge rejection of the amendment and support for the committee's
recommendation for funding levels this year.
Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Vermont (Mr. Sanders).
Mr. SANDERS. Mr. Chairman, I thank the gentleman for yielding me
time, and I rise in very strong support of the Obey amendment.
I must say that I find the arguments being made against the gentleman
from Wisconsin (Mr. Obey) to be very, very curious indeed. Frankly, I
think the American people will find it very difficult to understand how
we as a Nation cannot afford another $6.5 billion to protect ourselves
against bioterrorism, to make sure that our airlines are safe, to make
sure that the people of this country have adequate health care in, God
forbid, the event of a terrible attack against us. We cannot afford
that $6.5 billion, but somehow or another we can afford hundreds of
billions of dollars in the last year for tax breaks to the wealthiest 1
percent of the population and for the largest corporations in America.

{time} 1630

Tell that sense of logic to the American people.
When our people get on airplanes, they want to know that the baggage
on that plane is safely inspected. When people walk into airports, they
want to know that the people who are doing security are properly
trained. My State borders the Canadian border. The people in Vermont
and throughout this country want to know that our border security is
strong.
So I would strongly urge the Members to get their priorities right.
If we can afford hundreds of billions in tax breaks for the wealthiest
1 percent, we can provide strong security for the American people
against bioterrorism.
Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the very
distinguished gentleman from California (Mr. Hunter), a subcommittee
chairman on the very important Committee on Armed Services.
Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding.
I listened carefully while the gentleman from Wisconsin (Mr. Obey)
made, I thought, a very reasonable request for additional spending, and
was met with I think an equally reasonable response from the gentleman
from California (Mr. Lewis) and the gentleman from Florida (Mr. Young)
and the gentleman from California (Mr. Cunningham), and a number of
other members of the Committee on Appropriations and the Subcommittee
on Defense, to the effect that they are working to engage in this
process of rebuilding our national defenses which are being strained by
the operation in Afghanistan in which we may expect to be strained
further if this conflict continues and perhaps deepens. I hope that
this is the start of a bipartisan effort to put together a defense bill
in the coming year which is adequate to serve our country's needs.
Let me just tell my colleagues that from my perspective, and I heard
the gentleman from California (Mr. Cunningham) make a number of very,
very good points with respect to inadequacies, I think we are about $50
billion short, and I think all of the studies that we have done, such
as the CBO, which says that our equipment is short-funded about $30
billion a year. That means if we have to replace trucks, tanks, ships,
planes, on a steady state just to keep them halfway modern, we need to
spend an extra $30 billion a year in the defense area. We are
underfunded on munitions. We know that the Army is about $3 billion
short of basic ammunition; the Marines have a smaller shortage. But
nonetheless, they are not full up. We know that we are short on
precision munitions, which are a very important part of projecting
American power.
So I would hope that we are starting on a course to rebuild the
national defenses that have been savaged pretty badly over the last 6
years. I hope this administration moves with us as well.
Let me just say also that while the gentleman from Florida (Mr.
Young) and the gentleman from California (Mr. Lewis) and the gentleman
from Arizona (Mr. Stump) and others are working hard on defense and
putting in a lot of hours now trying to figure out exactly what we
need, and are putting together I think a good blueprint to rebuild
defense, I would like to see the Office of Management and Budget
understand defense a little more than I think they understand; be more
receptive when the services come to them and say we have ammunition
shortages, we have spare parts shortages, we have equipment shortages.
I know that if that office in the administration does not become more
receptive, we are going to see, I think, this House take more
initiative in that area.
So let us rebuild defense. I would like to see the gentleman from
Wisconsin (Mr. Obey) working with our Republican leadership to make
that happen in this coming budget.
Mr. OBEY. Mr. Chairman, how much time do I have remaining?
The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) has 6\1/2\
minutes remaining; the gentleman from Florida (Mr. Young) has 4\1/2\
minutes remaining.
Mr. OBEY. Mr. Chairman, I yield 3\1/2\ minutes to the distinguished
gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I thank the gentleman for yielding me this
time and for his extraordinary, as usual, leadership in attempting to
bring this amendment to the floor. I am very sad. It is a sad day for
this Congress that this amendment has not been made in order, because
it addresses many of the concerns that are shared by the American
people and, indeed, have been shared by the President of the United
States. I have great respect for our distinguished chairman of the full
committee and the chairman of the subcommittee, but I object to the
fact that we were not able to have this amendment made in order.
Mr. Chairman, I rise in strong support of the Obey amendment. It is
hard to understand how the Republican leadership can argue that there
is enough money to provide $100 billion in tax cuts for corporations
and the wealthiest 25 percent of taxpayers but not enough to strengthen
homeland defense, improve security for vulnerable nuclear materials,
and keep our commitment to New York. They found enough money, the
Republican leadership did, to provide $1.4 billion in tax breaks to
IBM, $1 billion to Ford, $833 million to General Motors, and $671
million to General Electric. Why can we not find the money to
strengthen State and local health departments, accelerate vaccine
development, and improve security of vulnerable nuclear materials?
The gentleman from Wisconsin (Mr. Obey) has successfully put together
a thoughtful, comprehensive package that met these and other needs for
$7.1 million, less than one-twelfth of the tax package that the
Republicans support.
I wish to associate myself with the concerns expressed by our
colleagues from New York. I share their concern about meeting our
commitment to them. But I want to focus, Mr. Chairman, in my remarks on
the perspective of the prevention of nuclear terrorism, what
opportunities are missed here today.
Our President, President Bush, said on November 13 on the occasion of
the visit of President Putin, ``Our highest priority is to keep
terrorists from acquiring weapons of mass destruction. We agree that it
is urgent that we improve the physical protection and accounting of
nuclear materials and prevent illicit nuclear trafficking.''
Earlier that week the President had said they, the al Qaeda, ``are
seeking chemical, biological and nuclear weapons. Given the means, our
enemies would be a threat to every nation and eventually to
civilization itself. We will not wait,'' the President said, ``for more
innocent deaths. We will not wait for the authors of mass murders to
gain the weapons of mass destruction.

[[Page H8505]]

We act now because we must lift this stark threat from our age and
save generations to come.'' We all applauded President Bush's remarks.
How then, how can we understand, then, how this Republican majority
in the House would reject the Obey amendment which would add $221
million to this bill; $191 million for securing Russian nuclear
materials, $30 million to better fund programs employing former Soviet
Union nuclear scientists? The President said, we act now. We cannot
wait.
When they say that we are going to have a supplemental down the road,
let us review that. That bill came up before Thanksgiving in the
Committee on Appropriations. Now we are on our way to Christmas, and we
do not even have this bill passed, but we will soon. After Christmas
comes what? Let us go through. Valentine's Day, St. Patrick's Day,
President's Week, it will be easily Easter before we can revisit this
bill and have a supplemental that will address these nuclear issues.
How then can we, as the President said we act now, do so when we reject
the opportunity that the gentleman from Wisconsin (Mr. Obey) has given
us here today? We are now giving opportunity to those who would
threaten our security in our country. I think that is unfortunate.
Mr. YOUNG of Florida. Mr. Chairman, I have no further speakers. I
reserve the balance of my time for a brief closing statement before I
insist on my point of order.
Mr. OBEY. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, for years, modern military planners, have been telling
us that we should be spending less on the big-ticket items that were
necessary to fight last century's wars and, instead, do more to prepare
ourselves for tomorrow's wars. Well, tomorrow is here and this
amendment is trying to take that advice.
We have been told we need to do more to deal with terrorism, more to
deal with chem-bioterrorism, more to deal with cyberterrorism. That is
what we are trying to do.
I find it very interesting today that not a single speaker, to my
recollection, has challenged the merits of this amendment. All they
have said is, ``Wait, be patient.'' Maybe next year.
Well, I guess that means we should ring up the terrorists on the
telephone and say, ``Folks, we need a little more time to get our act
together here at home; would you mind waiting until next year before
you figure out where you are going to hit us next?'' I do not think we
would get a very receptive reply. That is why we need to do everything
that we know we can do, and we need to do it now.
The threat today is just as imminent as it was on September 11, and
we need to remember that.
I am sorry, but I am impatient. I want us to expand our public health
capabilities now. I want us to triple the Canadian border patrol as the
Patriot bill promised but did not deliver; I want us to do that now. I
want us to strengthen port security, not by a token amount, but by a
large amount, now. I want us to provide those additional translators
now. I want us to provide the FBI with computer upgrade capability now.
I want us to take the actions necessary to protect our weapons
production plants now. I do not want to wait for a supplemental,
because we have no idea how long it will take to pass one, and we have
no idea what other add-ons will be added to it, because everybody who
loses an argument between now and Christmas, when the supplemental
comes, will try to attach their pet projects to that bill. It will be
much more expensive then than now.
Many of my colleagues on the other side of the aisle have told me,
``I know you are right, we should be doing this, but we have to stick
with our party leadership.'' I urge my colleagues instead to stick with
their consciences, stick with what they know. They know we need to do
more and they know we need to do it now. I urge my colleagues to vote
that way.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of the
time.
I want to thank all of the Members for an excellent debate, a high-
level debate, exploring the important issues of the day.
(Mr. YOUNG of Florida asked and was given permission to speak out of
order.)

Tribute to Frederick G. Mohrman

Mr. YOUNG of Florida. Mr. Chairman, it is with sadness that I
announce the death of Mr. Frederick G. Mohrman.
Fred died at his home in Grayson, Kentucky early this morning. His
wife, Jan, was with him when he died.
Fred served as clerk and staff director of the Committee on
Appropriations from 1984 to 1995. He was born November 24, 1932, a
graduate of Kansas State College. He joined the Committee on
Appropriations on January 1, 1975. Two years later he was appointed
clerk of the Subcommittee on Interior. He became clerk and staff
director of the Committee on Appropriations in February of 1985.
He retired from committee service in 1996, having served both
Republican and Democrat majorities here in the House.
A veteran of the U.S. Air Force, he is survived by his wife, Jan, and
5 children: Jana, Deke, Sean, Lisa, and Danny.
Fred Mohrman was very much an institution on our committee. He was a
big, gentle man. He knew when to be kind and he knew when to be gruff.
He protected the committee against all challenges, most of the time
with great success. He knew the rules and how to use them for the
benefit of all.
When he retired, he bought a piece of land in eastern Kentucky and
became ``Farmin' Fritz.'' Each week he kept the committee updated with
his new life.
Fred Mohrman leaves behind a legacy of loyalty, hard work, good
humor, and a love of this institution. He will be greatly missed by all
of us.
I am happy to yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding. Let me
simply say I think the institution has experienced a great loss with
the death of Fred Mohrman. As the chairman has indicated, he served
this committee and this Congress for a good many years. He in fact
served me for a brief period as staff director after I became chairman,
and he was what I would call an institutional man.
He cared deeply about this institution, and he cared deeply about the
committee. He had that tough, old-fashioned sense of duty that
characterized his entire generation, and this country and the world is
far better off for it. He would have taken great pride in the fact that
this year, despite all of the outside pressures that are brought to
bear on this committee, that we managed to produce 12 out of 13
appropriation bills that were passed on a bipartisan basis, and 1 that
was pretty close to doing the same.
He recognized that we need to define our differences and then we need
to find ways to resolve them, and he took great pride in the services
that he provided each and every Member on both sides of the aisle. He
performed a great public service to this country. He was a man of
absolute integrity, and we were saddened and shocked to learn of his
passing.

{time} 1645

Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman for his
comments.

Point of Order

Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation on an appropriations bill, and therefore,
violates clause 2 of rule XXI.
The rule states, in pertinent part, ``An amendment to a general
appropriation bill shall not be in order if changing existing law. . .
.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985, and as
such constitutes legislation in violation of clause 2 of rule XXI.
I ask for a ruling from the Chair.
The CHAIRMAN. Does the gentleman from Wisconsin (Mr. Obey) wish to
address the point of order?
Mr. OBEY. I certainly do, Mr. Chairman.
The CHAIRMAN. The gentleman from Wisconsin is recognized.
Mr. OBEY. How could the gentleman?
Let me simply say, Mr. Chairman, that the Chair is being asked to
rule on

[[Page H8506]]

whether or not this amendment is in absolute compliance with each and
every rule of the House.
The Committee on Rules, as I understand it, provided the very same
waivers so that the underlying bill could be considered that it refused
to provide so that this amendment could be considered.
Because of that, the sad fact is that while this subject matter
should be a part of this debate, we have in fact been gagged by the
Committee on Rules because they chose to provide exemptions under the
rules for the core bill while denying those very same exemptions to
this amendment.
So for that reason, Mr. Chairman, while I believe deeply that we
ought to be able to get a vote on this amendment, because I am
confident if we could get a vote on it, it would pass, I must, in all
honesty, concede the point of order, misguided though the rule was
under which we are now operating.
The CHAIRMAN. The point of order is conceded and sustained.
The Clerk will read.
The Clerk read as follows:

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Commodity
Futures Trading Commission'', $6,495,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38.

Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent to strike
Section 803 of the bill.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The CHAIRMAN. Section 803 is stricken from the bill.
The Clerk will read.
The Clerk read as follows:

CHAPTER 2

DEPARTMENT OF JUSTICE

General Administration

administrative review and appeals

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Administrative Review and Appeals'', $3,500,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

Legal Activities

salaries and expenses, general legal activities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses, General Legal Activities'', $12,500,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that the
remainder of the bill through page 194, line 5, be considered as read,
printed in the Record, and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The text of the remainder of the bill through page 194, line 5, is as
follows:

salaries and expenses, united states attorneys

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses, United States Attorneys'', $68,450,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

salaries and expenses, united states marshals service

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses, United States Marshals Service'', $11,100,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.

Federal Bureau of Investigation

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $538,500,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Immigration and Naturalization Service

salaries and expenses

enforcement and border affairs

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $409,600,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Office of Justice Programs

justice assistance

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Justice
Assistance'', $400,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38, of which $45,000,000 is for emergency
response communications technologies and equipment for
Northern Virginia, $20,000,000 is for the Capitol Wireless
Integrated Network in the Washington Metropolitan Area,
$15,000,000 is for a chemical sensor program within the
Washington, D.C. subway system, and $9,800,000 is for an
aircraft for counterterrorism and other required activities
for the City of New York.

state and local law enforcement assistance

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``State and
Local Law Enforcement Assistance'', $17,100,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

crime victims fund

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Crime
Victims Fund'', $68,100,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Operations and Administration'', $750,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

Export Administration

operations and administration

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Operations and Administration'', $1,756,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

National Telecommunications and Information Administration

public telecommunications facilities, planning and construction

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Public
Telecommunications Facilities, Planning and Construction'',
$8,250,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38:
Provided, That matching requirements set forth in Section
392(b) of the Communications Act of 1934, as amended, shall
not apply to funds provided in this Act.

National Oceanic and Atmospheric Administration

operations, research, and facilities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Operations, Research, and Facilities'', $750,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

Departmental Management

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $8,636,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

THE JUDICIARY

Supreme Court of the United States

care of the building and grounds

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Care of
the Building and Ground'', $10,000,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38.

Courts of Appeals, District Courts, and Other Judicial Services

court security

For emergency expenses to respond to the September 11, 2001
terrorist attacks on the United States, for ``Court
Security'', $21,500,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38: Provided, That the funds may be expended directly or
transferred to the United States Marshals Service, to remain
available until expended: Provided further, That $4,000,000
shall be available to reimburse the United States Marshals
Service for a Supervisory Deputy Marshal responsible for
coordinating security in each judicial district and circuit.

DEPARTMENT OF STATE AND RELATED AGENCY

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``International Broadcasting Operations'', $9,200,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

broadcasting capital improvements

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the

[[Page H8507]]

United States, for ``Broadcasting Capital Improvements'',
$10,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

RELATED AGENCIES

Equal Employment Opportunity Commission

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses,'' $1,301,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Securities and Exchange Commission

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $20,705,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Small Business Administration

disaster loans program account

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Disaster
Loans Program Account'', $140,000,000, to remain available
until expended, to be obligated from amounts available in
Public Law 107-38.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 201. For purposes of assistance available under
section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) to small business concerns located in disaster
areas declared as a result of the September 11, 2001,
terrorist attacks, (i) the terms ``small business concern''
shall include not-for-profit institutions and small business
concerns described in subsectors 522, 523, and 524 of the
North American Industry Classification System codes (as
described in 13 C.F.R. 121.201, as in effect on January 2,
2001), except for depository financial institutions, and (ii)
the Administrator may apply such size standards as may be
promulgated under such section 121.201 after the date of
enactment of this provision, but no later than January 1,
2002.
Sec. 202. Notwithstanding any other provision of law, the
limitation on the total amount of loans under section 7(b) of
the Small Business Act (15 U.S.C. 636(b)) outstanding and
committed to a borrower in the disaster areas declared in
response to the September 11, 2001, terrorist attacks shall
be increased to $10,000,000.
Sec. 203. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995, and section 15 of the State Department Basic
Authorities Act of 1956, as amended.

CHAPTER 3

DEPARTMENT OF DEFENSE--MILITARY

Operation and Maintenance

Defense Emergency Response Fund

(including transfer of funds)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Defense
Emergency Response Fund'', $7,242,911,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38, as follows:
(1) For increased situational awareness, $1,735,000,000;
(2) For enhanced force protection, $742,911,000, of which
$40,000,000 shall be available only for biological weapons
proliferation prevention activities under the Former Soviet
Union Threat Reduction Program, of which $30,000,000 shall be
transferred to ``Department of State, Nonproliferation, Anti-
terrorism, Demining, and Related Programs'' only for the
purpose of supporting expansion of the Biological Weapons
Redirect and International Science and Technology Centers
programs, to prevent former Soviet biological weapons experts
from emigrating to proliferant states and to reconfigure
former Soviet biological weapons production facilities for
peaceful uses;
(3) For improved command and control, $162,000,000;
(4) For increased worldwide posture, $2,801,000,000;
(5) For offensive counterterrorism, $769,000,000, of which
$237,000,000 is for the Special Operations Command;
(6) For initial crisis response, $108,000,000;
(7) For the Pentagon Reservation Maintenance Revolving
Fund, $925,000,000:

Provided, That none of the funds provided under this heading
in this chapter may be used for appropriations for military
construction and military family housing.

GENERAL PROVISIONS--THIS CHAPTER

(including transfer of funds)

Sec. 301. Amounts available in the ``Defense Emergency
Response Fund'' (the ``Fund'') shall be available for the
purposes set forth in the 2001 Emergency Supplemental
Appropriations Act for Recovery from and Response to
Terrorist Attacks on the United States (Public Law 107-38):
Provided, That the Fund may be used to reimburse other
appropriations or funds of the Department of Defense,
including activities of the National Foreign Intelligence
Program funded in defense appropriations acts, only for costs
incurred for such purposes on or after September 11, 2001:
Provided further, That the Fund may be used to liquidate
obligations incurred by the Department of Defense under the
authorities in section 3732 of the Revised Statutes (41
U.S.C. 11; popularly known as the ``Food and Forage Act'')
for any costs incurred for such purposes between September 11
and September 30, 2001: Provided further, That the Secretary
of Defense may transfer to the Fund amounts from any current
appropriation made available in defense appropriations acts,
only for the purpose of adjusting and liquidating obligations
properly chargeable to the Fund: Provided further, That the
authority granted in the preceding proviso shall only be
exercised after the Secretary of Defense makes a
determination that amounts in the Fund are insufficient to
liquidate obligations made using appropriations in the Fund,
and not prior to 30 days after notifying the congressional
defense committees in writing regarding each proposed
transfer of funds: Provided further, That in order to carry
out the specified purposes under this heading, the Secretary
of Defense may transfer funds from the Fund to any defense
appropriation account enacted in appropriations acts,
including ``Support for International Sporting Competitions,
Defense'': Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That within 30 days of enactment of this
Act, and quarterly thereafter, the Secretary of Defense and
the Director of Central Intelligence shall each provide to
the Congress a report (in unclassified and classified form,
as needed) specifying the projects and accounts to which
funds provided in this chapter are to be transferred.

(including transfer of funds)

Sec. 302. During the current fiscal year, amounts in or
credited to the Defense Cooperation Account under 10 U.S.C.
2608(b) are hereby appropriated and shall be available for
transfer by the Secretary of Defense to such appropriations
or funds of the Department of Defense as he shall determine,
to be merged with and be available for the same purposes and
the same time period as the appropriation to which
transferred: Provided, That the Secretary shall provide
written notification to the congressional defense committees
30 days prior to such transfer: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department
of Defense: Provided further, That these amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the Secretary of Defense shall report to the
Congress quarterly on all obligations made pursuant to
this authority.
Sec. 303. (a) Amounts in the appropriation account
``Support for International Sporting Competitions, Defense''
may be used to support essential security and safety services
for the 2002 Winter Olympic Games in Salt Lake City, Utah,
under section 2564 of title 10, United States Code, without
the certification otherwise required under subsection (a) of
that section.
(b) In connection with the provision of essential security
and safety support to the 2002 Winter Olympic Games and
logistical and security support to the 2002 Winter Paralympic
Games, the term ``active duty'' as used in section 5802 of
division A of the Omnibus Consolidated Appropriations Act,
1997 (10 U.S.C. 2564 note), shall be treated as including
State active duty and full-time National Guard duty performed
by members of the Army National Guard and Air National Guard.
Sec. 304. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414).
Sec. 305. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.

CHAPTER 4

DISTRICT OF COLUMBIA

FEDERAL FUNDS

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for a Federal
payment to the District of Columbia for Protective Clothing
and Breathing Apparatus, to be obligated from amounts made
available in Public Law 107-38 and to remain available until
expended, $12,144,209, of which $921,833 is for the Fire and
Emergency Medical Services Department, $4,269,000 is for the
Metropolitan Police Department, $1,500,000 is for the
Department of Health, $453,376 is for the Department of
Public Works, and $5,000,000 is for the Washington
Metropolitan Area Transit Authority.
For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for a Federal
payment to the District of Columbia for Specialized Hazardous
Materials Equipment, to be obligated

[[Page H8508]]

from amounts made available in Public Law 107-38 and to
remain available until expended, $1,032,342, for the Fire and
Emergency Medical Services Department.
For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for a Federal
payment to the District of Columbia for Chemical and
Biological Weapons Preparedness, to be obligated from amounts
made available in Public Law 107-38 and to remain available
until expended, $10,354,415, of which $204,920 is for the
Fire and Emergency Medical Services Department, $258,170 is
for the Metropolitan Policy Department, and $9,891,325 is for
the Department of Health.
For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for a Federal
payment to the District of Columbia for Pharmaceuticals for
Responders, to be obligated from amounts made available in
Public Law 107-38 and to remain available until expended,
$2,100,000, for the Department of Health.
Notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the
Office of Management and Budget. The Chief financial Officer
of the District of Columbia shall provide quarterly reports
to the President and the Committees on Appropriations of the
Senate and the House of Representatives on the use of the
funds under this heading beginning no later than January 2,
2002.

DISTRICT OF COLUMBIA FUNDS

DIVISION OF EXPENSES

The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund
of the District of Columbia and shall remain available until
expended.
For Protective Clothing and Breathing Apparatus, to remain
available until expended, $12,144,209, of which $921,833 is
for the Fire and Emergency Medical Services Department,
$4,269,000 is for the Metropolitan Police Department,
$1,500,000 is for the Department of Health, $453,376 is for
the Department of Public Works, and $5,000,000 is for the
Washington Metropolitan Area Transit Authority.
For Specialized Hazardous Materials Equipment, to remain
available until expended, $1,032,342, for the Fire and
Emergency Medical Services Department.
For Chemical and Biological Weapons Preparedness, to remain
available until expended, $10,354,415, of which $204,920 is
for the Fire and Emergency Medical Services Department,
$258,170 is for the Metropolitan Police Department, and
$9,891,325 is for the Department of Health.
For Pharmaceuticals for Responders, to remain available
until expended, $2,100,000, for the Department of Health.

CHAPTER 5

DEPARTMENT OF DEFENSE--CIVIL

Corps of Engineers--Civil

Operation and Maintenance, General

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Operation
and Maintenance, General'' $139,000,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38.

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Water and
Related Resources'', $30,259,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

DEPARTMENT OF ENERGY

National Nuclear Security Administration

weapons activities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, and for other
expenses to increase the security of the Nation's nuclear
weapons complex, for ``Weapons Activities'', $88,000,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

defense nuclear nonproliferation

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, and for other
expenses to increase the security of the Nation's nuclear
weapons complex, for ``Defense Nuclear Nonproliferation'',
$18,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Restoration and Waste Management

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Defense
Environmental Restoration and Waste Management'', $8,200,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.

Other Defense Activities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, and for other
expenses necessary to support activities related to
countering potential biological threats to civilian
populations, for ``Other Defense Activities'', $3,500,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

CHAPTER 6

DEPARTMENT OF THE INTERIOR

National Park Service

operation of the national park system

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Operation
of the National Park System'', $10,098,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

united states park police

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for the ``United
States Park Police'', $25,295,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

construction

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for
``Construction'', $21,624,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Departmental Offices

Departmental Management

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Salaries
and Expenses'', $2,205,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38, for the working capital fund of the
Department of the Interior.

OTHER RELATED AGENCIES

SMITHSONIAN INSTITUTION

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Salaries
and Expenses'' of the Smithsonian Institution, $21,707,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.

National Gallery of Art

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Salaries
and Expenses'' of the National Gallery of Art, $2,148,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

operations and maintenance

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Operations
and Maintenance'' of the John F. Kennedy Center for the
Performing Arts, $4,310,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

NATIONAL CAPITAL PLANNING COMMISSION

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Salaries
and Expenses'' of the National Capital Planning Commission,
$758,000, to be obligated from amounts made available in
Public Law 107-38.

CHAPTER 7

DEPARTMENT OF LABOR

State Unemployment Insurance and Employment Service Operations

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``State
Unemployment Insurance and Employment Service Operations'',
$4,100,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

Pension and Welfare Benefits Administration

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Salaries
and Expenses'', $1,600,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Occupational Safety and Health Administration

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Departmental Management

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $5,880,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

[[Page H8509]]

``Public Health and Social Services Emergency Fund'',
$1,990,600,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

DEPARTMENT OF EDUCATION

SCHOOL IMPROVEMENT PROGRAMS

For emergency expenses to provide education-related
services to local educational agencies in which the learning
environment has been disrupted due to a violent or traumatic
crisis, for the Project School Emergency Response to Violence
program, $10,000,000, to remain available until expended, and
to be obligated from amounts made available in Public Law
107-38.

RELATED AGENCIES

National Labor Relations Board

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $180,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38.

Social Security Administration

Limitation on Administrative Expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Limitation on Administrative Expenses'', $7,500,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

CHAPTER 8

LEGISLATIVE BRANCH

Legislative Branch Emergency Response Fund

(Including Transfer of Funds)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, $256,081,000 to
remain available until expended, to be derived from the
Emergency Response Fund established by Public Law 107-38:
Provided, That $34,500,000 shall be transferred to ``SENATE--
Sergeant at Arms and Doorkeeper of the Senate'' and shall be
obligated with prior notification to the Committee on
Appropriations of the Senate: Provided further, That
$40,712,000 shall be transferred to ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses'' and shall be
obligated with prior notification to the Committee on
Appropriations of the House of Representatives: Provided
further, That $1,000,000 shall be transferred as a grant to
the United States Capitol Historical Society: Provided
further, That the remaining balance of $179,869,000, together
with any other amounts provided to any entity in the
legislative branch which are derived from the Emergency
Response Fund established by Public Law 107-38 and which
remain unobligated as of the date of the enactment of this
Act (other than any amounts provided to the House of
Representatives or Senate), shall be transferred to the
Capitol Police Board, who shall transfer to the affected
entities of the legislative branch such amounts as the
Capitol Police Board considers appropriate, with prior
notification to the Committees on Appropriations of the House
of Representatives and Senate.

HOUSE OF REPRESENTATIVES

Administrative Provisions

Sec. 801. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to
respond to an emergency situation, the Chief Administrative
Officer of the House of Representatives may acquire buildings
and facilities, subject to the availability of
appropriations, for the use of the House of Representatives
by lease, purchase, or such other arrangement as the Chief
Administrative Officer considers appropriate (including a
memorandum of understanding with the head of an Executive
Agency, as defined in section 105 of title 5, United States
Code, in the case of a building or facility under the control
of such Agency), subject to the approval of the House Office
Building Commission.
(b) Agreements.--Notwithstanding any other provision of
law, for purposes of carrying out subsection (a), the Chief
Administrative Officer may carry out such activities and
enter into such agreements related to the use of any building
or facility acquired pursuant to such subsection as the Chief
Administrative Officer considers appropriate, including--
(1) agreements with the United States Capitol Police or any
other entity relating to the policing of such building or
facility; and
(2) agreements with the Architect of the Capitol or any
other entity relating to the care and maintenance of such
building or facility.
(c) Authority of Capitol Police and Architect.--
(1) Architect of the capitol.--Notwithstanding any other
provision of law, the Architect of the Capitol may take any
action necessary to carry out an agreement entered into with
the Chief Administrative Officer pursuant to subsection (b).
(2) Capitol police.--Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended--
(A) by striking ``The Capitol Police'' and inserting ``(a)
The Capitol Police''; and
(B) by adding at the end the following new subsection:
``(b) For purposes of this section, `the United States
Capitol Buildings and Grounds' shall include any building or
facility acquired by the Chief Administrative Officer of the
House of Representatives for the use of the House of
Representatives for which the Chief Administrative Officer
has entered into an agreement with the United States Capitol
Police for the policing of the building or facility.''.
(d) Transfer of Certain Funds.--Subject to the approval of
the Committee on Appropriations of the House of
Representatives, the Architect of the Capitol may transfer to
the Chief Administrative Officer amounts made available to
the Architect for necessary expenses for the maintenance,
care and operation of the House office buildings during a
fiscal year in order to cover any portion of the costs
incurred by the Chief Administrative Officer during the year
in acquiring a building or facility pursuant to subsection
(a).
(e) Effective Date.--This section and the amendments made
by this section shall apply with respect to fiscal year 2002
and each succeeding fiscal year.
Sec. 802. (a) Notwithstanding any other provision of law--
(1) subject to subsection (b), the Chief Administrative
Officer of the House of Representatives and the head of an
Executive Agency (as defined in section 105 of title 5,
United States Code) may enter into a memorandum of
understanding under which the Agency may provide facilities,
equipment, supplies, personnel, and other support services
for the use of the House of Representatives during an
emergency situation; and
(2) the Chief Administrative Officer and the head of the
Agency may take any action necessary to carry out the terms
of the memorandum of understanding.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of
understanding described in subsection (a)(1) without the
approval of the Speaker of the House of Representatives.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 803. (a) There is established in the House of
Representatives an office to be known as the House of
Representatives Office of Emergency Planning, Preparedness,
and Operations. The Office shall be responsible for
mitigation and preparedness operations, crisis management and
response, resource services, and recovery operations.
(b) There is established the House of Representatives
Continuity of Operations Board, comprised of the Clerk, the
Sergeant-at-Arms, and the Chief Administrative Officer of the
House of Representatives. The Clerk shall be the Chairman of
the Board.
(c) The Board--
(1) shall appoint and set the annual rate of pay for
employees of the Office, including a Director, who shall be
the head of the Office and shall carry out the day-to-day
operations of the Office under the supervision of the Board;
(2) shall exercise, with respect to any employee of the
Office, the authority referred to in section 8344(k)(2)(B) of
title 5, United States Code, and the authority referred to in
section 8468(h)(2)(B) of title 5, United States Code;
(3) shall approve procurement of services of experts and
consultants by the Office or by committees or other entities
of the House of Representatives for assignment to the Office;
and
(4) may request the head of any Federal department or
agency to detail to the Office, on a reimbursable basis, any
of the personnel of the department or agency.
(d) Until otherwise provided by law, funds shall be
available for the Office from amounts appropriated for the
operations of the House of Representatives.
(e) This section shall take effect on the date of the
enactment of this Act and shall apply to fiscal years
beginning with fiscal year 2002.

OTHER LEGISLATIVE BRANCH

Administrative Provisions

Sec. 804. (a) Section 1(c) of Public Law 96-152 (40 U.S.C.
206-1) is amended by striking ``but not to exceed'' and all
that follows and inserting the following: ``but not to exceed
$2,500 less than the lesser of the annual salary for the
Sergeant at Arms of the House of Representatives or the
annual salary for the Sergeant at Arms and Doorkeeper of the
Senate.''.
(b) The Assistant Chief of the Capitol Police shall receive
compensation at a rate determined by the Capitol Police
Board, but not to exceed $1,000 less than the annual salary
for the chief of the United States Capitol Police.
(c) This section and the amendment made by this section
shall apply with respect to pay periods beginning on or after
the date of the enactment of this Act.
Sec. 805. In addition to the authority provided under
section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment of
this Act, the Capitol Police Board may accept contributions
of recreational, comfort, and other incidental items and
services to support officers and employees of the United
States Capitol Police while such officers and employees are
on duty in response to emergencies involving the safety of
human life or the protection of property.
Sec. 806. (a) Section 9 of the Act of July 31, 1946 (40
U.S.C. 212a) is amended by adding at the end the following
new subsection:
``(c)(1) For purposes of this section, `the United States
Capitol Buildings and Grounds' shall include all buildings
and grounds of the United States Botanic Garden, including
the National Garden and Bartholdi Park.

[[Page H8510]]

``(2) For purposes of this section, the Joint Committee on
the Library may suspend the application of section 4 of this
Act to the buildings and grounds described in paragraph (1)
in order to promote the interests of the United States
Botanic Garden.''.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
Sec. 807. (a) Assistance for Capitol Police From Executive
Departments and Agencies.--Notwithstanding any other
provision of law, Executive departments and Executive
agencies may assist the United States Capitol Police in the
same manner and to the same extent as such departments and
agencies assist the United States Secret Service under
section 6 of the Presidential Protection Assistance Act of
1976 (18 U.S.C. 3056 note), except as may otherwise be
provided in this section.
(b) Terms of Assistance.--Assistance under this section
shall be provided--
(1) consistent with the authority of the Capitol Police
under sections 9 and 9A of the Act of July 31, 1946 (40
U.S.C. 212a and 212a-2);
(2) upon the advance written request of--
(A) the Chairman of the Capitol Police Board, or
(B) in the absence of the Chairman of the Capitol Police
Board--
(i) the Sergeant at Arms and Doorkeeper of the Senate, in
the case of any matter relating to the Senate; or
(ii) the Sergeant at Arms of the House of Representatives,
in the case of any matter relating to the House; and
(3) either--
(A) on a temporary and reimbursable basis, or
(B) on a permanent reimbursable basis upon advance written
request of the Chairman of the Capitol Police Board.
(c) Reports on Expenditures for Assistance.--
(1) Reports.--With respect to any fiscal year in which an
Executive department or Executive agency provides assistance
under this section, the head of that department or agency
shall submit a report not later than 30 days after the end of
the fiscal year to the Chairman of the Capitol Police Board.
(2) Contents.--The report submitted under paragraph (1)
shall contain a detailed account of all expenditures made by
the Executive department or Executive agency in providing
assistance under this section during the applicable fiscal
year.
(3) Summary of reports.--After receipt of all reports under
paragraph (2) with respect to any fiscal year, the Chairman
of the Capitol Police Board shall submit a summary of such
reports to the Committees on Appropriations of the Senate and
the House of Representatives.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 808. (a) Notwithstanding any other provision of law,
the United States Capitol Preservation Commission established
under section 801 of the Arizona-Idaho Conservation Act of
1988 (40 U.S.C. 188a) may transfer to the Architect of the
Capitol amounts in the Capitol Preservation Fund established
under section 803 of such Act (40 U.S.C. 188a-2) if the
amounts are to be used by the Architect for the planning,
engineering, design, or construction of the Capitol Visitor
Center.
(b) Any amounts transferred pursuant to subsection (a)
shall remain available for the use of the Architect of the
Capitol until expended.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 809. (a) Section 1 of Public Law 93-180 (40 U.S.C.
166d) is amended--
(1) by striking ``secure, through rental, lease, or other
appropriate agreement, storage space'' and inserting
``acquire, through purchase, lease, or other appropriate
arrangement, property or space'';
(2) by inserting ``the United States Capitol Police,''
after ``Representatives,''; and
(3) by striking ``as such Commission and committee may
authorize'' and inserting ``as the Architect deems reasonable
and appropriate''.
(b) Nothing in the amendment made by subsection (a) may be
construed to affect the authority provided to the Architect
of the Capitol under section 128 of the Legislative Branch
Appropriations Act, 2002, to secure the property described in
such section.
(c) The amendment made by subsection (a) shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
Sec. 810. (a) Public Law 107-68 is amended in the item
relating to ``ARCHITECT OF THE CAPITOL--Capitol Visitor
Center''--
(1) by striking ``unassigned space in the'';
(2) by striking ``for House space''; and
(3) by striking ``for Senate space''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of Public Law 107-68.
Sec. 811. (a) In accordance with the authority described in
section 308(a) of the Legislative Branch Appropriations Act,
1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative
Branch Appropriations Act, 1991 (40 U.S.C. 166b-3b), as
amended by section 129(c)(1) of the Legislative Branch
Appropriations Act, 2002, is amended by adding at the end the
following new subsection:
``(c) The Architect of the Capitol may fix the rate of
basic pay for not more than 4 positions for Executive Project
Directors whose salary is payable from project funds, at a
rate not to exceed 95 percent of the highest total rate of
pay for the Senior Executive Service under subchapter VIII of
chapter 53 of title 5, United States Code, for the locality
involved.''.
(b) The amendment made by subsection (a) shall apply with
respect to pay periods beginning on or after October 1, 2001.
Sec. 812. (a) Public Law 107-68 is amended by adding at the
end the following:
``This Act may be cited as the `Legislative Branch
Appropriations Act, 2002'.''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of Public Law 107-68.

CHAPTER 9

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Military
Construction, Army'', $55,700,000, to remain available until
expended: Provided, That these funds shall be obligated from
amounts made available in Public Law 107-38.

MILITARY CONSTRUCTION, NAVY

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Military
Construction, Navy'', $2,000,000, to remain available until
expended: Provided, That these funds shall be obligated from
amounts made available in Public Law 107-38.

MILITARY CONSTRUCTION, AIR FORCE

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Military
Construction, Air Force'', $47,700,000, to remain available
until expended: Provided, That these funds shall be obligated
from amounts made available in Public Law 107-38.

GENERAL PROVISIONS--THIS CHAPTER

(including transfer of funds)

Sec. 901. The Secretary of Defense may transfer to the
``Defense Emergency Response Fund'' amounts appropriated in
Military Construction Appropriations Acts only if the
Secretary makes a determination that amounts in the Fund are
insufficient to carry out needed military construction
projects. In exercising the transfer authority provided by
this section, the Secretary of Defense shall first transfer
unobligated balances remaining from fiscal year 2001 and
earlier fiscal years before transferring any amounts
appropriated in the Military Construction Appropriations Act,
2002. Amounts so transferred shall be available solely for
military construction projects, including activities
described in section 2802(b) of title 10, United States Code.
At least 10 days prior to each such transfer, the Secretary
of Defense shall notify the appropriate defense committees,
shall provide an accompanying form 1391, and shall describe
the source of funds from which the transfer is derived.
Sec. 902. Amounts made available to the Department of
Defense from funds appropriated in Public Law 107-38 and this
Act may be used to carry out military construction projects
not otherwise authorized by law that the Secretary of Defense
determines are necessary to respond to or protect against
acts or threatened acts of terrorism. At least 10 days prior
to carrying out such military construction project, the
Secretary shall notify the appropriate defense committees and
shall provide an accompanying form 1391.

CHAPTER 10

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Salaries and Expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $458,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38.

Transportation Security Administration

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for the
``Transportation Security Administration'', $15,000,000, to
remain available until September 30, 2002, to be obligated
from amounts made available in Public Law 107-38: Provided,
That obligation of funds under this heading is subject to
enactment of legislation authorizing the establishment of
such office.

Aircraft Passenger and Baggage Screening Activities

For necessary expenses of the Secretary of Transportation
to carry out responsibilities for the screening of passengers
and property on passenger aircraft in air transportation that
originates in the United States or intrastate air
transportation that, on September 11, 2001, was performed by
an employee or agent of an air carrier, intrastate air
carrier, or foreign air carrier, $1,000,000,000, to remain
available until expended: Provided, That none of the funds
under this heading may be obligated or expended until
enactment of legislation authorizing: (1) the conduct of such
activities, whether by contract, grant, or direct federal
personnel, by an organization within the Department of
Transportation other than the Federal Aviation
Administration; (2) the collection of passenger and baggage
screening user fees designed to offset the cost of these
activities; and (3) the crediting of the fees as offsetting
collections to the account financing the activities and
services for which the fee is imposed: Provided further, That
the sum herein

[[Page H8511]]

appropriated shall be reduced, on a dollar for dollar basis,
as such offsetting collections are received, so as to result
in a final fiscal year 2002 appropriation of zero.

COAST GUARD

Operating Expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Operating
Expenses,'' $144,913,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38.

FEDERAL AVIATION ADMINISTRATION

Operations

(airport and airway trust fund)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Operations,'' $291,500,000, to be derived from the Airport
and Airway Trust Fund and to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Facilities and Equipment

(airport and airway trust fund)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Facilities and Equipment'', $175,000,000, to be derived
from the Airport and Airway Trust Fund and to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

FEDERAL HIGHWAY ADMINISTRATION

Federal-Aid Highways

Emergency Relief Program

(Highway trust fund)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for the
``Emergency Relief Program'' as authorized by section 125 of
title 23, United States Code, $75,000,000, to be derived from
the Highway Trust Fund and to remain available until
expended, to be included in the total of amounts made
available in Public Law 107-38.

FEDERAL RAILROAD ADMINISTRATION

Safety and Operations

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Safety
and Operations,'' $6,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

FEDERAL TRANSIT ADMINISTRATION

Formula Grants

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Formula
Grants,'' $23,500,000, to remain available until expended, to
be obligated from amounts made available in Public Law 107-
38.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

Research and Special Programs

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Research
and Special Programs,'' $2,500,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

Salaries and Expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses,'' $465,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38.

CHAPTER 11

DEPARTMENT OF THE TREASURY

Departmental Offices

Treasury Inspector General for Tax Administration

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $2,032,000, to remain available until
expended, to be obligated from amounts made available by
Public Law 107-38.

Financial Crimes Enforcement Network

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $1,700,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

Federal Law Enforcement Training Center

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $23,231,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

acquisition, construction, improvements and related expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Acquisition, Construction, Improvements, and Related
Expenses'', $8,500,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38: Provided, That, in order to expedite the acquisition
of architectural and engineering services for the
construction of facilities at the Cheltenham, Maryland,
training facility, the Federal Law Enforcement Training
Center may procure such services without regard to (1) the
competition requirements of section 303 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253); (2) the 6 percent fee limitation on such services set
forth in section 304(b) of such Act (41 U.S.C. 254(b)); and
(3) the procurement notice requirements of section 18 of the
Office of Federal Procurement Policy Act (41 U.S.C. 416).

Bureau of Alcohol, Tobacco and Firearms

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $31,431,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38, of which $5,200,000 may be used for
necessary expenses of site acquisition, construction,
operations, maintenance and repair of the special purpose
canine training facilities in Front Royal, Virginia.

United States Customs Service

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', to meet requirements, including technology,
along the northern border and at critical seaports,
$160,146,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
In addition, for an additional amount for ``Salaries and
Expenses'' for response and recovery costs, a commercial
backup facility and enhanced security for the Newington Data
Center, and additional staffing and office expenses for
anti-money laundering and foreign operations,
$141,613,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-
38.

Operation, maintenance and procurement, air and marine interdiction
programs

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for
``Operation, Maintenance and Procurement, Air and Marine
Interdiction Programs'', $6,700,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38.

Internal Revenue Service

tax law enforcement

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Tax Law
Enforcement'', $4,544,000, to remain available until
expended, to be obligated from amounts made available by
Public Law 107-38.

United States Secret Service

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and Expenses'', $104,769,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

INDEPENDENT AGENCIES

General Services Administration

real property activities

federal buildings fund

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United Stats, for ``Federal
Buildings fund'', $87,360,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

CHAPTER 12

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

general operating expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``General
operating expenses'', $2,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Management and Administration

office of inspector general

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Office of
Inspector General'', $1,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

INDEPENDENT AGENCIES

Environmental Protection Agency

science and technology

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for ``Science
and technology'', $10,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

environmental programs and management

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States for
``Environmental programs and management'', $140,360,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

hazardous substance superfund

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, and to support
activities related to countering terrorism, for ``Hazardous
substance superfund'', $5,800,000, to

[[Page H8512]]

remain available until expended, to be obligated from amounts
made available in Public Law 107-38.

state and tribal assistance grants

For making grants for emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States,
and to support activities related to countering potential
biological and chemical threats to populations, for ``State
and tribal assistance grants'', $5,000,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

Federal Emergency Management Agency

disaster relief

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Disaster
relief'', $4,345,000,000, to remain available until expended,
to be obligated from amounts made available in Public Law
107-38.

emergency management planning and assistance

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Emergency
management planning and assistance'', $35,000,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38, of which not less than
$10,000,000 shall be available for support of the 2002 Winter
Olympics.

salaries and expenses

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Salaries
and expenses'', $30,000,000 to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38 of which not less than $10,000,000 shall be
used to enhance the capabilities of the National Security
Division.

National Aeronautics and Space Administration

human space flight

For emergency expenses to respond to the September 11,
2001, terrorist attack on the United States, for ``Human
space flight'', $81,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

science, aeronautics and technology

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Science,
aeronautics and technology'', $36,500,000, to remain
available until expended, to be obligated from amounts made
available in Public Law 107-38.

office of inspector general

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Office of
Inspector General'', $3,000,000, to remain available until
expended, to the obligated from amounts made available in
Public Law 107-38.

National Science Foundation

research and related activities

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Research
and related activities'', $300,000 to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

CHAPTER 13

GENERAL PROVISION--THIS DIVISION

Sec. 1301. No part of any appropriation contained in this
division shall remain available for obligation beyond the
current fiscal year unless expressly provided so herein.

CHAPTER 14

ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS--DEPARTMENT OF
HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

disease control, research, and training

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Disease
Control, Research, and Training'' for baseline safety
screening for the emergency services personnel and rescue and
recovery personnel $12,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38.

National Institutes of Health

national institute of environmental health sciences

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United Stats, for ``National
Institute of Environmental Health Sciences'' for carrying out
activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, $10,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

for emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Community
Development Fund'', $1,825,000,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107-38: Provided, That such funds shall be subject
to the first through sixth provisos in section 434 of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2002: Provided further, That, of the amount provided in this
paragraph, $10,000,000 shall be used for a program to aid the
travel and tourism industry in New York City.

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Training
and Employment Services'', $32,500,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38: Provided, That such amount shall be
provided to the Consortium for Worker Education, established
by the New York City Central Labor Council and the New York
City Partnership, for an Emergency Employment Clearinghouse.

State Unemployment Security Office

workers compensation programs

(including transfer of funds)

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for ``Workers
Compensation Programs'', $175,000,000, to remain available
until expended, to be obligated from amounts made available
in Public Law 107-38: Provided, That, of such amount,
$125,000,000 shall be for payment to the New York State
Workers Compensation Review Board, for the processing of
claims related to the terrorist attacks: Provided further,
That, of such amount, $25,000,000 shall be for payment to the
New York State Uninsured Employers Fund, for reimbursement of
claims related to the terrorist attacks: Provided further,
That, of such amount, $25,000,000 shall be for payment to the
New York State Uninsured Employers Fund, for reimbursement of
claims related to the first response emergency services
personnel who were injured, were disabled, or died due to the
terrorist attacks.

Points of Order

The CHAIRMAN. Are there points of order against the bill?
Mr. YOUNG of Alaska. Mr. Chairman, I reserve a point of order against
the language ``to be derived from the Airport and Airway Trust Fund''
found on page 183, beginning on line 24 and continuing on line 25, and
also the language on page 184, lines 7 and 8.
The CHAIRMAN. Does the gentleman from Alaska make the point of order?
Mr. YOUNG of Alaska. I reserve the point of order, Mr. Chairman.
Mr. Chairman, I would like to engage in a colloquy with the chairman
of the Committee on Appropriations.
The CHAIRMAN. The Chair first needs to rule on the point of order.
Does any other Member wish to be heard on the point of order?
Mr. LIPINSKI. Mr. Chairman, I have two points of order to make
against the bill.
The CHAIRMAN. The gentleman from Illinois will suspend. The Chair is
already considering a point of order.
Does the gentleman wish to address the point of order raised by the
gentleman from Alaska on page 183?
Mr. LIPINSKI. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman may continue.
Mr. LIPINSKI. I want to hear what he is going to say, because I am
prepared to object, or I intend to object to what he wants to do. I
intend to object to another portion of the bill, also. I am prepared to
make my two points of order at the present time.
Mr. YOUNG of Alaska. Mr. Chairman, I think I take precedence over
this.
The CHAIRMAN. The point of order is pending on page 183, beginning on
line 24 and line 25. Does any Member wish to address the point of order
at that point?
Mr. LIPINSKI. I am raising a point of order on that point, saying
that we are legislating on an appropriations bill. I am prepared to
hear what the gentleman from Alaska (Mr. Young) has to say and the
gentleman from Florida (Mr. Young) has to say, but I reserve my ability
to object to this portion of the bill.
The CHAIRMAN. The gentleman from Alaska (Mr. Young) has made his
argument on the point. The Chair is prepared to rule on the point of
order.
Mr. LIPINSKI. Mr. Chairman, I raise a point of order against the
language to be derived from the Airport and Airway Trust Fund, and on
page 183, lines 24 and 25, the language constitutes an unauthorized
appropriation and is a violation of clause 2(a) of rule XXI.

Parliamentary Inquiry

Mr. YOUNG of Alaska. Parliamentary inquiry, Mr. Chairman.

[[Page H8513]]

The CHAIRMAN. The gentleman from Alaska will state his parliamentary
inquiry.
Mr. YOUNG of Alaska. Mr. Chairman, I believe I was recognized first.
I also believe I have the right to indulge in a colloquy with the
chairman, if he so desires.
The CHAIRMAN. Not at this point.
Mr. YOUNG of Alaska. Not at this point?
The CHAIRMAN. Not at this point. The gentleman may strike the last
word after the ruling of the Chair on the point of order.
The Chair is prepared to rule on the point of order. The gentleman
from Alaska (Mr. Young) makes a point of order that the language ``to
be derived from the Airport and Airway Trust Fund and'' on page 183,
line 24 and 25, constitutes an unauthorized appropriation in violation
of clause 2(a) of rule XXI.
The provision would provide that funding for Federal Aviation
Administration operations ``be derived from the Airport and Airway
Trust Fund.'' While authorization in law may exist for this funding
from general revenues, no specific authorization in law exists for this
funding to be derived from the trust fund. This is consistent with the
rulings of the Chair of September 23, 1993, and June 26, 2001.
The Chair finds that the provision is not supported by an
authorization in law. The point of order is sustained and the provision
is stricken.
Mr. YOUNG of Alaska. Mr. Chairman, I move to strike the last word.
The CHAIRMAN. Are there other points of order?
Mr. LIPINSKI. I have another point of order, Mr. Chairman.
The CHAIRMAN. The gentleman will suspend. The Chair will complete its
statement.
Are there any other points of order against the provision?

Points of Order

Mr. PETRI. Mr. Chairman, I have a point of order.
The CHAIRMAN. The gentleman from Wisconsin (Mr. Petri) is recognized.
Mr. PETRI. Mr. Chairman, I make a point of order against the language
``to be derived from the Highway Trust Fund and'' found on page 184,
beginning on line 18 and continuing on line 19, if I may be heard on
the point of order.
The CHAIRMAN. The gentleman may proceed.
Mr. PETRI. This language appropriates $75 million from the Highway
Trust Fund for the Federal highway emergency relief program to respond
to the attack on September 11.
While I support the administration's request for emergency relief
highway funding to repair and reconstruct eligible highways, roads, and
bridges that were damaged in these attacks.
This approach constitutes an unauthorized earmarking of funds. The
language constitutes an unauthorized appropriation in violation of
clause 2(a) of rule XXI, and I request a ruling of the Chair.
The CHAIRMAN. Is there any other Member who wishes to be heard on
that point of order?
The Chair is prepared to rule on the point of order by the gentleman
from Wisconsin (Mr. Petri).
The gentleman from Wisconsin makes a point of order that the language
``to be derived from the Highway Trust Fund and'' on page 184, lines 18
and 19, constitutes an unauthorized appropriation in violation of
clause 2(a) of rule XXI.
The provision would provide that funding for the Federal Highway
Administration Federal aid highways emergency relief program ``be
derived from the Highway Trust Fund.''
While authorization in law may exist for this funding from general
revenues, no specific authorization in the law exists for this funding
to be derived from the trust fund. This is consistent with the rulings
of the Chair on September 23, 1993, and June 26, 2001.
The Chair finds that the provision is not supported by an
authorization in law. The point of order is sustained and the provision
is stricken.
Mr. LIPINSKI. Mr. Chairman, I have a point of order against the bill.
Mr. Chairman, I raise a point of order against the language ``to be
derived from the Airport and Airway Trust Fund'' on page 184, lines 7
and 8. The language constitutes an unauthorized appropriation. It is in
violation of clause 2(a) of rule XXI.
The CHAIRMAN. Is there another Member who wishes to be heard on the
point of order?
The Chair is prepared to rule. The gentleman from Illinois (Mr.
Lipinski) makes a point of order that the language ``to be derived from
the Airport and Airway Trust Fund and'' on page 184, lines 7 and 8,
constitutes an unauthorized appropriation in violation of clause 2(a)
of rule XXI. The provision would provide that ``funding for Federal
Aviation Administration facilities and equipment be derived from the
Airport and Airway Trust Fund.''
While authorization in law may exist for this funding from general
revenues, no specific authorization in law exists for this funding to
be derived from the trust fund. This is consistent with the rulings of
the Chair of September 23, 1993, and June 26, 2001.
The Chair finds that the provision is not supported by an
authorization in law. The point of order is sustained and the provision
is stricken.
Mr. YOUNG of Alaska. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would just like to address my colleagues for a
moment. I talked to the gentleman from Minnesota (Mr. Oberstar) and I
talked to the gentleman from Florida (Mr. Young), and we were not going
to insist on the point of order with the aviation money. I will tell
the Members why, although it is in our jurisdiction of our committee.
We passed the security bill last week, and I am very proud of it. It
also needs to be funded. I thought it would be time now to try to put
this behind us and get this screening system in place, get the
screeners in place, get the equipment in place, and achieve what we
sought to do a week ago Friday.
It has been decided not to do that by Members of the Committee. But I
do believe the gentleman from Florida (Mr. Young) and I dealt honorably
together. I thought we had reached an agreement on the aviation part of
the legislation; we had not on the highway part of the legislation.
I just urge my colleagues to understand one thing: We have to fund
this program. It has to be funded. We have to get it done.
Members heard about Mr. Secretary Mineta saying he doubts he can meet
the 60-day requirement. He is probably correct. We will do everything
possible, but he needs the money to do it.
May I suggest respectfully, the other thing that can happen if he
does not do it, the faith of the flying public will be eroded. We have
to act very rapidly to fund this. I believe the chairman of the
Committee on Appropriations was trying to do that.
I do think the White House, very frankly, the administration, did not
communicate that need to our committee. It did not inform us that this
is very, very important, and frankly, I did not know about this until
yesterday afternoon. I suggested to them and to the gentleman from
Florida (Mr. Young) that the communication in the future be more
evident and more forthwith, so we can reach a mutual agreement, so we
can solve the problem.
The points of order have been upheld; I understand that, and I am not
going to delay it any longer. But the reality is that if we do not
recognizes the need to fund the screeners, marshals, and all the other
things that were in that security bill, we are not doing ourselves any
favor, nor the flying public.
So I urge Members to consider that. Later on down the road we can and
we will make sure this is properly funded.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Alaska. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. I thank the gentleman for yielding.
Mr. Chairman, I regret that the points of order were raised because
of the important message that my colleague, the gentleman from Alaska
(Mr. Young), has mentioned: the importance of funding these important
programs.
I want to say that it was a real privilege and pleasure to work with
him most of today to come to an agreement, and I wanted to say to him
for the Record that regardless of the fact that points of order were
raised that were not consistent with that agreement, that I will keep
the agreement that the gentleman and I reached personally as this bill
proceeds through the conference.

[[Page H8514]]

Mr. YOUNG of Alaska. I thank the gentleman, because this goes forth
to the Senate side, or, I should mention, the other body. God knows
what is going to happen on that side.
Again, I say to my good friends, we must fund these projects. For
those who have not gone over to the committee room, anybody on this
floor listening to this telecast, look at the technology that is
available, that is being shown there today. But it takes money to build
those machines. We need those machines.
The battle last week or 1-1\1/2\ weeks ago was all over
federalization. The battle should be, can we rise to the occasion
through technology. I believe we can do that.
Go over and see what is there right now. The reason we have not used
it, very frankly, is the FAA has been dragging their feet for the last
10 or 15 years. Under this bill we have passed, I believe the Secretary
of Security can demand and issue the permits for the purchase of those
pieces of equipment, but we need the money to do it.
I thank the gentleman, the chairman of the Committee on
Appropriations, and the gentleman from California (Mr. Lewis) for a
fine defense bill. I think this is a bill to be proud of, regardless of
what has been said on the floor. We must get past this bill and move it
forward.
Mr. OBERSTAR. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I appreciate the difficult position the chairman of our
committee was in in this process, wanting to accomplish the right thing
for aviation security, but also constrained by the appropriation
process.
Now, striking that provision does not strike the money.

{time} 1700

The money is available. It is just the source of money. Now, when
this body moved in the immediate aftermath of September 11 to
appropriate the $40 billion, it was clearly understood $20 billion of
that was to be set aside for New York and another $20 billion was to be
used for other purposes. And it was also made clear by the executive
branch and specifically by the Secretary of Transportation that one of
the first measures to be instituted in aviation security would be to
bring sky marshals aboard domestic flights; and that the funding for
those sky marshals would come out of this $20 billion of the initial
$40 billion.
It does not seem reasonable to me to raid the Aviation Trust Fund, to
do that when there was already commitment to take those dollars out of
another source. But I understood the difficult position that our
committee chairman was in. I want to see if there would be a commitment
from the Committee on Appropriations that these Aviation Trust Fund
dollars would be restored and in what way and in what time. But our
ranking member felt very strongly about this matter that we worked on a
bipartisan basis in the last Congress to fashion and enact Air 21 with
the firewalls to understand those dollars would not be raided for other
purposes.
We do not know what specifically those dollars are going to go for
from the Aviation Trust Fund. It would have been good to have an
elucidation on that. I regret that I was not on the floor at that time.
I confess I had a meeting with the Federal Highway Administrator
talking about other matters, and I rushed over as soon as I concluded
that meeting.
Mr. Chairman, I yield to the gentleman from Illinois (Mr. Lipinski),
the distinguished ranking member of the Subcommittee on Aviation.
Mr. LIPINSKI. Mr. Chairman, I thank the ranking member of the full
committee for yielding.
Mr. Chairman, I simply want to say first of all that I was not party
to any agreement. I was aware of the situation in this bill. I felt it
was inappropriate and against the rules to take this money out of the
Highway Trust Fund. I want everyone to know here that any agreements
they had I was not party to. I also want everyone to know that this was
my initiative and my initiative alone. I felt very strongly about it.
If I have ruffled any feathers and upset any agreements over here,
that is unfortunate; but nevertheless, I felt very strongly about it so
I moved in that direction.
Mr. Chairman, I thank the gentleman for yielding to me.
Mr. OBERSTAR. Mr. Chairman, I think that the important work of the
aviation security measure that we enacted which is now law can go
forward. It is unfortunate that some sky marshals, frankly, have not
been paid. I have been made aware of situations where sky marshals have
performed their job now for several weeks but have not been paid and
that is because the $20 billion fund has not been made available for
this purpose because it was not a specific authorization.
Now, the bill before us is supposed to have a specific authorization
to do these things. It was not our understanding that the Aviation
Trust Fund was to be raided for this purpose. In the Aviation Security
Act it provided a $2.50 airline ticket surcharge that in the coming
years is estimated to raise between $800 million and $1,200,000,000
depending on when that fee is actually put into effect; and in the
following year, a full year of operation, that fee would raise $2.65
billion.
That is enough money to fund these purposes. But we should not raid
the trust fund which is needed now more than ever before for the runway
improvements, taxiway improvements and the investment dollars that are
needed at this most critical time for aviation to get back on its feet.
I appreciate again the very difficult position the chairman was in. I
wish that we had been involved at an early stage of this process on
this side so some of our concerns could have been taken into
consideration.

Amendment No. 3 Offered by Mr. Filner

Mr. FILNER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Filner:
In title X (the emergency supplemental provisions), in the
item relating to ``DEPARTMENT OF JUSTICE--Immigration and
Naturalization Service--Salaries and Expenses'', insert
before the period at the end the following:
Provided, That, of the amount provided under this heading,
$20,000,000 shall be for the hiring of additional inspectors
for the United States-Mexico border to respond to increased
security needs and to maintain the maximum number of border
inspection lanes open while providing the maximum amount of
security for the United States.

Mr. LEWIS of California. Mr. Chairman, I reserve a point of order.
Mr. FILNER. My amendment, Mr. Chairman, refers to the southern border
of the United States.
We know the tragedies that had afflicted this country of September
11, especially on New York City; and arguments have been made on this
floor very eloquently this afternoon about the need for help for New
York City. The ripple effect of those attacks affected our whole
Nation. And similar arguments can be made for other sectors of our
country, other sectors of our economy. For example, the increased
security that was called for after September 11 on our borders required
what we call a level-one alert.
Level-one alert means that every individual, every vehicle is going
to be stopped, inspected, trunk opened up, questions asked, information
entered into a computer, questions asked again. That process of level-
one alert takes time.
And what has occurred at the southern border is because of the time
that is required for this increased security, which everybody supports
and everybody wants, is that the waiting period for legal people to
cross the border from Mexico into the United States has increased to an
hour, 2 hours, 4 hours, sometimes 8 hours at a time. That waiting time
for people to cross the border legally has devastated the economies of
communities along the border.
I represent San Diego, California, which has the busiest border
crossing between any two countries in the world. But what I say today
refers also to Calexico, California; to Nogales, Arizona; to El Paso,
Texas; to Brownsville, Texas. The border economies have depended on
that legal crosser for their business. Anywhere from 50 to 90 percent
of economic activity has been cut since September 11.
Now, nobody on the border wants terrorists to cross. Everybody
supports the level-one security concerns. But what is needed if we are
going to spend

[[Page H8515]]

the time on level-one alert is to provide the resources to the Customs
Service and the Immigration and Naturalization Service to carry out
these inspections.
We have 24 crossing gates at the San Ysidro border-crossing in San
Diego. Sometimes a couple of them are open, sometimes six or 12. Why
not open them all? Why not open them all 24 hours a day? We could have
both the level-one security and the quick time that is required to keep
the flow moving.
People who want to shop in San Diego or in Calexico or Nogales or in
Brownsville or in El Paso do not cross the border because it takes too
long. People cannot cross the border for their jobs. People cannot
cross the border to go to school. Let us open all the lanes 24 hours a
day.
According to my discussions with the INS, the increased number of
positions to do the level-one security and to keep the flow at a
reasonable rate would cost about $20 million, $20 million. That seems
like in the context of the discussions we have had today almost
minuscule. We have talked about billions here and billions there. All I
am saying is let us allocate within the budget, Mr. Chairman, allocate
within that budget $20 million to inspectors to help us deal with the
border crossings.
We can have security. We can have the commercial flow that is
absolutely necessary. Businesses along the border, these are mom and
pop businesses. These are people who are having trouble keeping the
mortgage going on their rents, who are having trouble keeping employees
hired, having trouble meeting the utility payments. It is devastating
the border communities, in fact, devastating much of the city of San
Diego. Three billion dollars a year of our economy in San Diego comes
from the legal shopper from Mexico.
So let us keep terrorists out. Let us keep security high, but let us
keep the flow necessary for commercial activity. Let us reallocate
within the budget, Mr. Chairman, $20 million to make sure that the
southern border is properly staffed. The bill has $165 million for the
northern border. Let us put in 20 extra for the southern border. I do
not think that is too much to ask.
Mr. ORTIZ. Mr. Chairman, I join my good friend from California and
thank him for his work with the Border Caucus and his diligence to find
ways to accommodate the free flow of commerce along the Southwestern
border.
It is not new for border members to let the House know when our
infrastructure does not meet our transportation and trade needs. But at
this point, it is less the need for more infrastructure--we simply need
to be able to use what we already have. It does us no good to have 4-5
lane U.S.-Mexico bridges if we have only enough personnel to operate a
couple of those lanes.
This House would be appalled if you could see the staggering lines of
traffic waiting to use a fraction of lanes on a bridge . . . only
because we do not have the personnel to staff them. Imagine coming
across a bridge from Virginia using only one lane, while perfectly good
lanes go unused. That's what we face at our nation's border crossings.
The border is in a crisis, Mr. Chairman.
It is the front door to the North American markets--yet right now it
is the front door to chaos and congestion. As a border representative,
I understand--more than you can possibly imagine--the recent attitude
in the Congress that while we are at war, our borders should be harder
to cross--not easier. That's bunk.
Open borders and free-flowing commerce are a large part of what this
country is about. And I might remind my colleagues, respectfully, that
the terrorists who visited the terror on our nation came across the
northern border, not the southern. We have addressed that already
through the PATRIOT Act, and this amendment does not affect those
inspectors on the northern border. But we failed to focus our attention
on the border traffic that is best characterized by the extraordinarily
long waits at our front door. Well, we have to put out a better welcome
mat than that, my friends. This addresses not only our democratic
tendencies, but a fundamental principle of our economy as well.
Mr. Chairman, we are in real trouble on the border. That's hardly a
new position for us; but the increased security after the 11th has made
an already bad situation much worse. One of the issues that has
contributed to the suffering on the border is Congress' insistence that
border crossers now use biometric laser visas. The deadline to get the
new visas passed Sept. 30, and many border residents can no longer
cross to shop, go to school, or get health care.
Let's forget for a moment that the INS does not have enough equipment
to scan the biometric components, which is bad enough. But without an
extension to the now-passed deadline, these people simply won't be
participants in our economy until well into 2002 when they can get
replacement cards. The truck traffic passing over our bridges is nearly
always destined for points far beyond the border. That leaves us with
nothing.
I understand the chair's ruling on the amendment and we will not
press this here, but let the members of the House hear our message: We
are in trouble on this and we need enough inspectors on the bridges and
an extension for laser visa compliance to mitigate the damage to the
border economy.
Mr. FILNER. Mr. Chairman, I yield back the balance of my time.

Point of Order

Mr. LEWIS of California. Mr. Chairman, as empathetic as I am to the
gentleman's causes here, I think we have done a very balanced job in
this overall package. Therefore, I make a point of order against the
amendment because it provides an appropriation for an unauthorized
program and, therefore, violates clause 2 of rule XXI.
Clause 2 of rule XXI states in pertinent part: ``An appropriation may
not be in order as an amendment for an expenditure not previously
authorized by law.'' Mr. Chairman, the authorization for this program
has not been signed into law. The amendment, therefore, violates clause
2 of rule XXI. I ask for a ruling of the Chair.
The CHAIRMAN. Does the gentleman from California wish to be heard on
the point of order?
Mr. FILNER. Mr. Chairman, yes, I do.
The CHAIRMAN. The gentleman may proceed.
Mr. FILNER. Mr. Chairman, the gentleman from California (Mr. Lewis)
refers to a rule which in the normal course of things is completely
understandable. The gentleman from California (Mr. Lewis) knows there
are a hundred items in his bill that do not follow the rule that he
just stated. He knows that a hundred items not authorized are
appropriated in this bill.
The gentleman from California (Mr. Lewis) says he is empathetic with
my arguments. It is an emergency. It is a disaster. Some of the same
argument we heard from New York City on a lesser scale and on a lesser
visibility are occurring on the southern border communities.
All that we are saying is not asking for money to just reallocate;
make sure it is reallocated to these deserving communities which are
dying, and take into account we have a disaster. What I am asking is no
different than a hundred other folks have asked in your bill. So let
this one go and help the border communities survive.
The CHAIRMAN. The Chair is prepared to rule on the point of order.
The amendment proposes to earmark certain funds in the bill. Under
clause 2(a) of rule XXI, such an earmarking must be specifically
authorized by law. The burden of establishing the authorization in law
rests with the proponent of the amendment.
Finding that this burden has not been carried, the point of order is
sustained. The amendment is not in order.

Amendment Offered by Mr. La Tourette

Mr. LaTOURETTE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. LaTourette:
Pages 168 through 170, strike section 801 of the bill, and
redesignate subsequent sections accordingly.

Mr. LaTOURETTE. Mr. Chairman, this is the first of two amendments
that we may offer and coauthored by the gentleman from Illinois (Mr.
Costello), the ranking member of our subcommittee. One has to do in
section 801, the other one in section 809, is a specific usurpation of
the jurisdiction of the Committee on Transportation and Infrastructure.
Specifically, section 801 would authorize the chief administrative
officer of the House to acquire buildings and facilities for the House
of Representatives in the event of an emergency situation, and section
809 would permanently authorize the Architect of the Capitol to
purchase property for use by the House, the Senate and the Capitol
police.
The Committee on Transportation and Infrastructure has a long history
of reviewing legislation pertaining to

[[Page H8516]]

the Capitol grounds, to authorize the Architect of the Capitol to
acquire facilities for the Library of Congress, the Library of Congress
storage facility, for the Senate page school, for the Japanese-American
patriotism memorial on the Senate side, for the Capitol visitors
center, and even for the sale of 501 First Street.
The legislative language in this appropriations bill causes us some
concern; and with the acquiescence of the distinguished chairman of the
full committee, I would like to engage in a colloquy, if I may on my
time.
Mr. Chairman, as the chairman of the Subcommittee on Economic
Development, Public Buildings and Emergency Management, I have serious
concern over the authorization language relating to the lease, purchase
or the acquisition of buildings and facilities granted to the Chief
Administrative Officer of the House and the Architect of the Capitol.
It is my understanding these provisions are intended to relate to items
arising only from the September 11 attacks and other October biological
events.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. LaTOURETTE. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I would say that the language
that the gentleman refers to is included to allow the House of
Representatives to continue planning for future contingencies and
continuity of operations.
Section 809 of the bill, which the gentleman from Ohio (Mr.
LaTourette) is also concerned with, is intended to allow the Architect
of the Capitol to acquire facilities such as a new Capitol Police
headquarters and command and control center, which they desperately
need. The language is intended to relate to events of September 11 and
is not intended to usurp your committee's authority, and we will
certainly work with the gentleman through this process.
Mr. LaTOURETTE. Mr. Chairman, reclaiming my time, I thank the
gentleman from Florida (Mr. Young) very much for his observations.
It is my intention in a moment to ask unanimous consent to withdraw
this amendment; but before I do, would the gentleman from Minnesota
(Mr. Oberstar) like to be yielded to?

{time} 1715

Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
Mr. LaTOURETTE. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. I share the chairman's great concern, and I appreciate
that the Committee on Appropriations wants to give this authority in
the emergency circumstances, but it is authority that is not necessary.
The chief administrative officer now has authority to sign agreements
with executive branch agencies, like GSA, that can supply office space
in time of emergency. And I have great concerns about the language used
in this provision. Section 801 has terms that are not defined,
``facilities,'' ``such other arrangements,'' and ``other entities.''
Seems to me that broadly worded language of that nature leaves the
House open to risk, leaves us open to speculative real estate
transactions without the ordinary scrutiny that would be undertaken by
the subcommittee which the gentleman from Ohio chairs.
I just wonder whether the Committee on Appropriations had given
thought to this: whether in providing such broad language they really
intended to remove from the committee's appropriate oversight
responsibility these actions by the chief administrative officer. Is
the chairman prepared to respond to that concern?
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. LaTOURETTE. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I have to admit that I was
engaged in a conversation and not listening to the gentleman.
Mr. OBERSTAR. If the gentleman from Ohio will continue to yield, my
question simply was, did the Committee on Appropriations understand in
crafting this language that they were, in some sense, removing from the
Subcommittee on Economic Development, Public Buildings and Emergency
Management its responsibility for oversight and for authorization of
these actions by the chief administrative officer in order to protect
the House's interest in appropriate real estate transactions; protect
us against speculative actions?
Mr. YOUNG of Florida. Mr. Chairman, if the gentleman will continue to
yield, I would say to the gentleman that these are items that have been
identified that need to be taken care of. As my colleague, the
gentleman from Alaska (Mr. Young), mentioned just a few minutes ago
dealing with airport security and aviation security, they have to be
done.
Now, Members do not understand that in the absence of an authorizing
bill, the appropriators are usually asked to take care of issues that
have not been authorized, and so that is what we do, and we do that
very well. We try to do it in cooperation with the authorizing
committee, and we thought that we had a fairly good understanding not
only on this but the aviation package as well.
So we understand the appropriate relationships of the committees, but
sometimes the authorizing committees do not have a bill, do not have a
vehicle, are not prepared to deal with a problem, and so the Committee
on Appropriations is asked to do it.
The CHAIRMAN. The time of the gentleman from Ohio (Mr. LaTourette)
has expired.
(On request of Mr. Oberstar, and by unanimous consent, Mr. LaTourette
was allowed to proceed for 2 additional minutes.)
Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
Mr. LaTOURETTE. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. I appreciate what the chairman has just said; however,
our side was not involved in these discussions, and it is obvious that
the chairman of the Subcommittee on Economic Development, Public
Buildings and Emergency Management was not involved. We could well have
worked with the Committee on Appropriations to craft language that
would have been acceptable to our committee, and then folded that into
the appropriation process. That is the concern that we have.
Mr. LaTOURETTE. Reclaiming my time, Mr. Chairman, I thank the
gentleman, and I will tell the distinguished ranking member of the full
committee, the gentleman from Minnesota (Mr. Oberstar), for whom I have
great respect and have worked closely with for 7 years, that the
appropriators have indicated to me this is a specific situation to deal
with the events of September 11.
I felt it more than appropriate to express the concerns of our
subcommittee that we not lose the oversight function, which we do very
well, but I am satisfied and assured by the Chairman's remarks, and I
thank him for that.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.

Amendment Offered by Mr. Inslee

Mr. INSLEE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Inslee:
Page 182, line 21, after the dollar amount, insert the
following: ``(increased by $250,000,000)''.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. INSLEE. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. I would like to say to the gentleman, if we can
expedite this, we are prepared to accept the amendment.
Mr. INSLEE. Reclaiming my time, Mr. Chairman, I can assure the
gentleman that it will be as expedited as humanly possible, given those
good tidings.
This amendment, offered by the gentleman from Ohio (Mr. Strickland)
and myself, is an effort to ensure that we fulfill the obligations set
forth in the airline security bill we passed and the President signed
just a week ago. It is precipitated by concerns that have been
expressed by the Secretary of Transportation that we will not meet some
deadlines that were established in that bill to assure that 100 percent
of the bags that go into the belly of an airplane are screened.
Just 1 week after the President of the United States signed this
bill, assuring Americans that we are going to have

[[Page H8517]]

100 percent screening of baggage, to say we give up and we are not
going to fulfill this equipment does not respect the needs of the
American public for safety in flying. So this amendment we offer would
increase the appropriation by $250 million so that we can be assured
that no excuse is allowed; that there was a lack of resources to do the
positive bag matching that is required by the bill, to do the visual
inspection that is required by the bill, and to use perhaps dog
sniffers, which are euphemistically called ``canine explosive detection
units'' in our bill.
We want to make sure resources are not an issue. We think we should
do this on a bipartisan basis.
Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the
amendment.
I am doing this for one reason. My good friend, the gentleman from
Washington, if I am not mistaken, voted for the Senate bill, and in the
Senate bill they had no bag screening at all, period.
I read the paper today, and Mr. Mineta, unfortunately, did say what
he said, and he is probably correct unless we do fund it; but I also
see a couple of other Members jump up and holler in anguish, saying
this is terrible, this is wrong, we are letting the American people
down, who voted for the Senate bill.
* * * In reality, the Senate bill had no screening of baggage at all.
Mr. OBEY. Mr. Speaker, I demand the gentleman's words be taken down.
The CHAIRMAN. The gentleman will suspend.
Mr. YOUNG of Alaska. If it is the ``demagogue'' word, Mr. Chairman.
The CHAIRMAN. The Member will be seated.
The Clerk will report the appropriate portion of the remarks.
Mr. YOUNG of Alaska. Mr. Chairman.
The CHAIRMAN. The gentleman will suspend.

{time} 1730

Mr. YOUNG of Alaska. Mr. Chairman, I ask unanimous consent to
withdraw any statement that any Member might think I said that was out
of order, just to speed things along, although I have been informed
that I was not out of order; otherwise I will wait for the ruling of
the Chair.
The CHAIRMAN. Is there objection to the request of the gentleman from
Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Chairman, reclaiming my time, I want to get
back to the point that when we work on legislation, we do the best we
can within the House of the people. And to have other Members question
the integrity of the House during a period of debate following the 2
weeks after we pass the bill, and then to have the Secretary of
Transportation mention something that might be a reality, and to say
that the administration is not fulfilling the obligation of the
Congress is not correct.
Mr. Chairman, I respectfully request Members, do not use this as a
political issue as has been used for the past 4 weeks. Let us seek
good, sound security. Let us fund it and make it correct.
Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
Mr. Chairman, we are prepared to accept the amendment. However, I
would like this opportunity to just remind Members that what this
amendment would do is increase the amounts available from the user fee
trust fund for the purposes of airport security which we all want.
However, just a few minutes ago there was stricken from this bill
monies from the airport trust fund for this very purpose. I am having a
little bit of difficulty fathoming the duplicity that we are engaged
here in. There was a point of order, two points of order sustained just
a few minutes ago that would prevent the Congress spending airport
trust funds and highway trust funds for the emergency that we are
dealing with here, the aftermath of September 11.
Here we are increasing the amount of money coming from a trust fund.
I am having a little difficulty, pardon my ignorance, in fathoming the
duplicity that is involved this afternoon. If anyone would care to
comment on that, I would be happy to yield.
Mr. INSLEE. Mr. Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Washington.
Mr. INSLEE. First, Mr. Chairman, I have not made any points of order
today in this regard. But more importantly, what this has done is we
have been looking for a way on a bipartisan basis, and I see no reason
for ill will on this issue at all, I really think the parties are
together on this, to assure that we give the administration enough
resources to do this baggage screening that we all want done, and we
are all on the same page on that.
What we found is there is another probable $250 million that will be
available from the stream of revenue through the ticket surcharges that
were set forth in the airline security bill. This money will not come
out of the airport trust funds. This money will be funded 100 percent
by the surcharge on the tickets.
Mr. ROGERS of Kentucky. Reclaiming my time, I fully understand that.
But I am having some difficulty understanding that those earlier who
objected to the use of trust funds for airport security and struck $466
million from the bill that was designed for that purpose, and now
supporting the dipping into a trust fund, the new one, for the purpose
of airport security.
Mr. Chairman, we have got to find the money somewhere. I really am at
a loss to understand why those who objected to the use of the trust
funds that were earlier stricken did that. We have got to find monies
to pay these air marshals to safeguard the cockpit, to pay the
screeners under the new scheme. It is going to cost us $54,000 per
person, the government. We do not have the money. It was stricken from
the bill.
Where is the money? Where is the money?
The trust funds are sitting there fat. I thought when we passed a tax
to create a trust fund and charge users of the airports and the
highways for the use of those facilities, I thought those monies would
be used for airport security and the other purposes that the trust fund
is collected for; and yet those were stricken from this bill. I support
the gentleman's amendment because we have to have the money, but it
still leaves us several hundred million dollars short.
Mr. INSLEE. Mr. Chairman, will the gentleman yield?
Mr. ROGERS of Kentucky. I yield to the gentleman from Washington.
Mr. INSLEE. Mr. Chairman, first off, we are not a monolithic group on
our side of the aisle, so I will not address the concern of any other
Members. Members must understand that this will be funded through a
stream of revenue that has been set up, and there is a $2.50 charge.
I want to make sure that Members understand that I think there is a
bipartisan desire to get this job done. I compliment the gentleman from
Alaska (Mr. Young), although I disagree with his assertion of my
demagoguery on his work in increasing the appropriation in the airline
security bill to have a 100 percent baggage screening requirement. That
is the right thing to do. We have now a fund for making sure that gets
done, and I thank the gentleman for accepting this amendment.
Mr. STRICKLAND. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, after September 11 many Americans were absolutely
shocked to learn when they got on an airplane, the bags were not
screened for explosive devices. We have debated that issue in this
House, and we came to a bipartisan agreement that I think we can all be
proud of. It was something that we agreed to and voted on. We sent it
to the President. He signed it into law. It is the law of our land
today.
I was stunned, quite frankly, a few hours ago when our Secretary of
Transportation announced that he could not meet the requirements of
this law. As I understand the law, it is not an option. It is a
requirement that within 60 days this government have some procedure in
place to make sure that every bag is screened for explosives. All
Members want that. The American people want it.
All we are trying to do with this rather simple amendment is to
provide an additional $250 million to the already $1 billion so that if
the Secretary

[[Page H8518]]

of Transportation does not have enough employees, he can acquire them.
If there are not enough drug-sniffing dogs, we can have them trained.
We can do, in fact, for the American people what we have said we will
do for the American people. There is no need for acrimony.
Mr. Chairman, I think we can all agree on this. We can all claim
victory and say we have done the right thing and we can get the job
done. With that I urge my colleagues to feel good about this amendment,
and I congratulate my Republican colleagues for having indicated that
they will accept it.
Mr. OBERSTAR. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I do so for the purpose of responding to the chairman's
question where these funds are going to come from, and the implication
that the point of order made by the gentleman from Illinois struck the
money. In fact, the point of order struck the source of the funding. It
did not strike the $466.5 million in this legislation.
When the Congress appropriated $40 billion in the immediate aftermath
of September 11, $20 billion was clearly understood to go to New York
for its needs and another $20 billion to respond to other needs of the
economy. And it was made very clear at that time when the Secretary of
Transportation announced that sky marshals would be assigned to
domestic flights that the funding for those sky marshals would come out
of that $20 billion. That is the basis on which we have proceeded.
That in this interim period of time until the surcharge on airline
tickets provided for in the aviation security bill is put into effect
and the money is raised, that the emergency appropriation of $20
billion in part would cover the cost of the sky marshals.
Mr. Chairman, does the chairman of the appropriations subcommittee
have a different understanding?
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, what is happening here is once
the sections were stricken earlier, no longer will these expenses that
we are talking about for the sky marshals and the screeners and the
like be taken from the airport trust fund; it will be taken from the
general treasury. The American taxpayers are going to be footing the
bill here rather than the trust fund that was created for the purpose.
If we are going to have a trust fund for security in the airports, we
ought to spend those dollars for that purpose.
Mr. Chairman, does the gentleman believe in truthful budgeting, or
not?
Mr. OBERSTAR. Reclaiming my time, the sky marshal program was
established by President Nixon by executive order issued on September
11, 1970, with funds appropriated not out of the airport and airways
trust fund, not out of an aviation account, but out of a separate
account dedicated to fund the sky marshal program. That program ramped
up to a few thousand sky marshals, and then gradually dwindled down.
When the $40 billion was appropriated in the aftermath of September
11, the Secretary of Transportation made it clear that the funding
initially of the sky marshal program, the ramping up of the program
would come out of that $20 billion, and we do not see any reason to
raid the trust fund in order to do that. The Secretary made a
commitment, and I think the purpose is very clear. The Committee on
Appropriations has so many demands on the $20 billion, it does not want
to exceed its $20 billion, and dipped into the trust fund to do so.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, then perhaps we need to reduce
taxes. If we are not going to use the trust fund monies for trust fund
purposes, perhaps we need to reduce that tax; and perhaps we ought to
ask the Committee on Ways and Means to address the issue of taxing the
traveling public and we are not using the money for that purpose.
Mr. OBERSTAR. Mr. Chairman, I would say to the gentleman, that is why
we proposed a surcharge. The funds to be taken by this language are
already spoken for. They are already spoken for in the FAA, and are
needed for the purposes for which they are intended. The additional
money to pay for the sky marshals was to have come out of $20 billion.
That was our understanding.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, I ask the gentleman, is it not
true that there are unobligated, unexpended, surplus, noncommitted
funds in the airport trust fund at this moment?
Mr. OBERSTAR. Mr. Chairman, there always are at the beginning of a
fiscal year when the funding has not been designated, but those dollars
will be committed and are already spoken for.
The CHAIRMAN. The time of the gentleman from Minnesota (Mr. Oberstar)
has expired.
(On request of Mr. Rogers of Kentucky, and by unanimous consent, Mr.
Oberstar was allowed to proceed for 2 additional minutes.)
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, there is a balance at the end
of the year in the airport trust account that is unobligated, unspent
surplus funds; is that not true?
Mr. OBERSTAR. Not exactly.
Mr. ROGERS of Kentucky. If the gentleman would continue to yield,
yes, it is.
Mr. OBERSTAR. Mr. Chairman, not exactly. Those dollars are committed
to acquisition of air traffic control technologies, as the chairman
well knows. The operations account is to pay for the air traffic
controllers and for the professional systems repair personnel, and were
not intended to pay for sky marshals.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, would they also be available
for such things as bomb detection machines at the airports?
Mr. OBERSTAR. In the facilities and equipment accounts, yes.
Mr. ROGERS of Kentucky. Mr. Chairman, if the gentleman would continue
to yield, I rest my case.
Mr. OBERSTAR. Mr. Chairman, reclaiming my time, the point is that the
surcharge is to pay for those acquisitions, and payment of sky marshals
is to come out of the $20 billion. We should have had this dialogue
long before this moment, before coming to the floor with this
legislation.
Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, the debate on the airport security bill was a
fascinating debate and one in which I thought the Senate had done a
good job, and I thought the House had improved on it. I thought the
House improved on it when they added a provision that said we must
check baggage that goes into the belly of an aircraft. The House
version required this to be done by the end of 2003.
That is really what the gentleman from Washington (Mr. Inslee) and
the gentleman from Ohio (Mr. Strickland) and I had requested. We were
saying at least by the end of 2003. To the credit of, frankly, the
House, they put that amendment in; and then the conference committee
said by the end of the year 2002.
It is physically impossible to inspect for explosives in 60 days, and
there was no intent that we would be able to inspect for explosives in
60 days.

{time} 1745

If Members of Congress thought they were voting for that, I think
that would be a hypocritical thing for me or anyone else to do, because
we know it cannot be done. It is going to be tough to do it by the end
of 2002.
But clearly we need more money, and I think that the gentleman from
Washington (Mr. Inslee) is right in requesting it. I thank the chairman
for accepting it. But it should have been taken out of the trust fund.
We should not be talking about expanding airports and doing all the
other improvements until we make planes safer. I take some real
exception to the deletion of this. I realize technically they were
right in doing

[[Page H8519]]

it, but I think they were, frankly, inaccurate and I would say it was a
moral mistake. I think that what is in the trust fund should go for
safety. Our constituents want that and I regret that it will now come
out of the general fund. But I thank the chairman for accepting the
amendment. I appreciate the gentleman from Washington (Mr. Inslee) and
the gentleman from Ohio (Mr. Strickland) offering the amendment here
and support it. I also want to thank the gentleman from Alaska (Mr.
Young) for being the one who made sure it was in the bill because it
was not in the Senate version. The Senate did a good job; the House, I
thought, improved on it; and I think the conference committee did an
even better job.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. SHAYS. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Does the gentleman understand that as a
result of the moneys being stricken earlier this afternoon, coming out
of the trust funds for the purpose of security, buying bomb detection
machines, sky marshals, screeners and the like, because that money was
stricken from the bill, this bill earlier today, that $466.5 million,
adding back the $250 million that we are talking about with the Inslee
amendment, will not get us back to where we were? We are still going to
be short several hundred million dollars. And that the airport trust
fund has funds in it right now that could be used for this purpose.
Mr. SHAYS. I am aware of it. I am very distressed by it. I hope it is
worked out by the leaders and you as to how we deal with this. I think
it was a clear mistake to take it out of the trust funds. I think in
the end we endanger the public by doing it.
Mr. ROGERS of Kentucky. Does the gentleman mean it was a mistake to
strike it?
Mr. SHAYS. Yes, it was a mistake to delete from the bill the use of
the money from the trust funds; we should be using the trust funds for
what they were intended, and that is for the flying safety of the
American people.
Mr. ROGERS of Kentucky. I thank the gentleman for that statement.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Inslee).
The amendment was agreed to.

Amendment Offered by Mr. Visclosky

Mr. VISCLOSKY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Visclosky:
In the proposed division B (relating to emergency
supplemental appropriations), insert the following new title:

TITLE ____--STEEL INDUSTRY LEGACY RELIEF

findings

Sec. ____1. The Congress finds the following:
(1) The United States steel industry has been severely
harmed by a record surge of steel imports into the United
States since 1998.
(2) This surge in imports has resulted in the loss of more
than 26,000 steel worker jobs and is the imminent cause of 25
steel company bankruptcies.
(3) The import surge has also forced the United States
steel industry into reduced volume, lower prices, and
financial losses.
(4) On October 22, 2001, the International Trade Commission
determined that the domestic steel industry has been severely
injured by the import surge.
(5) The United States steel industry has massive retiree
health care liabilities that total $13,000,000,000 and cost
the steel industry almost $1,000,000,000 annually.
(6) These health care liabilities pose a significant
barrier to steel industry consolidation and rationalization
that could improve the financial condition of the industry
and reduce the impact of foreign imports.
(7) Steel company bankruptcies, job losses, and financial
losses are contributing to the Nation's current economic
slowdown and are having serious negative effects on the tax
base of cities, counties, and States, and on the essential
health, education, and municipal services that these
government entities provide to their citizens.
(8) A strong steel industry is necessary to a healthy
economy and to the adequate defense preparedness of the
United States.

trade adjustment assistance for steel

Sec. ____2. (a) In General.--Title II of the Trade Act of
1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end
the following:

``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR STEEL COMPANIES

``SEC. 291. DEFINITIONS.

``In this chapter:
``(1) Qualified annual expenditure.--
``(A) In general.--Subject to subparagraph (B), the term
`qualified annual expenditure' means, for any calendar year
in connection with a qualified steel company, the total of
all expenditures made by such company during such calendar
year to meet retiree health care liabilities under a covered
retiree health plan established or maintained by such
company. Such term includes--
``(i) any disbursement during such calendar year from a
voluntary employees' beneficiary association trust organized
by the company under 501(c)(9) of the Internal Revenue Code
of 1986 to fund retiree health care liability, and
``(ii) any qualified transfer by the company during such
calendar year of excess pension assets, described in section
420 of such Code, to fund retiree health care liability.
``(B) Limitation.--In any case in which an employee benefit
plan is a covered retiree health plan as a successor to
another covered retiree health plan, in determining so much
of the qualified annual expenditure for any calendar year of
the qualified steel company as is attributable to such
successor plan, the Secretary shall disregard any
expenditures made to meet retiree health care liabilities in
excess of the present value of the amount of the retiree
health care liabilities in existence on the date of the
enactment of this chapter under the predecessor plan in
effect on such date.
``(2) Qualified steel company.--The term `qualified steel
company' means any entity that is incorporated under the laws
of any State and--
``(A) on January 1, 2000, was so incorporated and was
engaged in--
``(i) the production or manufacture of a product identified
by the American Iron and Steel Institute as a basic steel
mill product, including ingots, slab and billets, plates,
flat-rolled steel, sections and structural products, bars,
rail type products, pipe and tube, and wire rod; or
``(ii) the mining of iron ore, or
``(B) is a successor to an entity described in subparagraph
(A).
``(3) Retiree health care liability.--The term `retiree
health care liability' means, in connection with a qualified
steel company, an obligation of such company under an
employee benefit plan to pay post-retirement health benefits
to participants and beneficiaries or to contribute to such a
plan providing such benefits.
``(4) Covered retiree health plan.--The term `covered
retiree health plan' of a qualified steel company means an
employee benefit plan--
``(A) established or maintained by such company for its
employees, or
``(B) established or maintained pursuant to a collective
bargaining agreement between one or more employers including
such company and one or more employee organizations,

under which, as of the date of the enactment of this chapter,
such company has retiree health care liability. Such term
includes a successor employee benefit plan established or
maintained as described in subparagraph (A) or (B).
``(5) Employee benefit plan and related terms.--The terms
`employee benefit plan', `participant', `beneficiary', and
`employee organization' have the meanings provided such
terms, respectively, under section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002).
``(6) Secretary.--The term `Secretary' means the Secretary
of Labor.

``SEC. 292. ESTABLISHMENT OF GRANT PROGRAM.

``(a) Authorization.--The Secretary of Labor is authorized
to provide grants to any qualified steel company for the
purpose of assisting such company in making the qualified
annual expenditure for the calendar year for which assistance
is requested.
``(b) Application.--
``(1) In general.--A qualified steel company may, not later
than December 1 of the year prior to the calendar year for
which assistance is requested, submit to the Secretary an
application for a grant under this section.
``(2) Contents.--An application for a grant under this
section shall contain--
``(A) appropriate documentation of the company's qualified
annual expenditure for the calendar year for which assistance
is requested; and
``(B) such other information as the Secretary may require.
``(3) Review and approval.--Not later than 30 days after
the receipt of an application under paragraph (1), the
Secretary--
``(A) shall review the application and determine whether or
not the application meets the requirements of paragraph (2);
and
``(B) if the Secretary makes an affirmative determination
under subparagraph (A), shall approve the application.
``(c) Amount of Grant.--The amount of a grant provided to a
qualified steel company under subsection (a) for a calendar
year shall be equal to 80 percent of the qualified annual
expenditure of the company for the calendar year..
``(d) Monthly Payments Under the Grant.--The Secretary
shall make assistance payments on a monthly basis to an
eligible company that provides in a form satisfactory to the
Secretary documentation of so much of a qualified annual
expenditure as is attributable to the previous month. Proper
adjustments shall be made in amounts subsequently paid to the
extent prior payments were in excess of or were less than the
proper amount.

[[Page H8520]]

``(e) Direct Assistance to Participants and
Beneficiaries.--In the case of a qualified steel company that
ceases operations as of any date on or after January 1, 2000,
and that has retiree health care liability with respect to
participants and beneficiaries under a covered retiree health
plan at the time the company ceases operations, each such
participant or beneficiary shall be eligible to receive
assistance under this chapter to compensate for the inability
of the company to satisfy such liability with respect to such
participant or beneficiary. Such assistance shall be equal to
the actuarial present value of such liability with respect to
such participant or beneficiary as of the date the company
ceases operations. The Secretary shall by regulation provide
for the administration of such assistance, except that, to
the extent that funds available under this chapter for
providing assistance pursuant to this subsection are
insufficient to provide for such assistance in full to all
eligible participants and beneficiaries, the Secretary shall
allocate such funds on a pro rata basis.

``SEC. 293. RECORDS.

``(a) In General.--Each recipient of assistance under this
chapter shall keep records which fully disclose the amount
and disposition by such recipient of the assistance received
which will facilitate an effective audit. The recipient shall
also keep other records as the Secretary may prescribe.
``(b) Access.--The Secretary and the Comptroller General of
the United States shall have access for the purposes of audit
and examination to any books, documents, papers, and records
of the recipient pertaining to assistance received under this
chapter.

``SEC. 294. PENALTIES.

``Whoever makes a false statement of a material fact
knowing it to be false, or knowingly fails to disclose a
material fact, or whoever willfully overvalues any
obligation, for the purpose of obtaining money, property, or
anything of value under this chapter, shall be fined not more
than $5,000 or imprisoned for not more than 2 years, or both.

``SEC. 295. CIVIL ACTIONS.

``In providing financial assistance under this chapter the
Secretary may sue and be sued in any court of record of a
State having general jurisdiction or in any United States
district court, and such jurisdiction is conferred upon such
district court to determine such controversies without regard
to the amount in controversy, but no attachment, injunction,
garnishment, or other similar process, mesne or final, shall
be issued against the Secretary or Secretary's property.
Nothing in this section shall be construed to except the
activities pursuant to this chapter from the application of
sections 516, 547, and 2679 of title 28 of the United States
Code.

``SEC. 296. REGULATIONS.

``The Secretary shall prescribe such regulations as may be
necessary to carry out the provisions of this chapter.

``SEC. 297. AUTHORIZATION OF APPROPRIATIONS.

``There is authorized to be appropriated to the Secretary
to carry out this chapter $2,400,000,000 for the fiscal year
2002, of which--
``(1) $800,000,000 is authorized to be expended in calendar
year 2002;
``(2) $800,000,000 is authorized to be expended in calendar
year 2003; and
``(3) $800,000,000 is authorized to be expended in calendar
year 2004.''.
(b) Conforming Amendment.--The table of contents for title
II of the Trade Act of 1974 is amended by inserting after the
items relating to chapter 5 the following:

``Chapter 6--Adjustment Assistance for Steel Companies

``Sec. 291. Definitions.
``Sec. 292. Establishment of grant program.
``Sec. 293. Records.
``Sec. 294. Penalties.
``Sec. 295. Civil actions.
``Sec. 296. Regulations.
``Sec. 297. Authorization of appropriations.''.

appropriation

Sec. ____3. The following sums are appropriated out of any
money in the Treasury not otherwise appopriated, for the
Department of Labor, for the period comprising fiscal years
2002, 2003, 2004, and 2005, for purposes of carrying out the
preceding provisions of this title (including the amendments
made thereby), including the provision of adjustment
assistance to qualified steel companies to meet qualified
annual expenditures, the following: $2,400,000,000, of which
$800,000,000 is available for obligation solely for calendar
year 2002; of which $800,000,000 is available for obligation
solely for calendar year 2003; and of which $800,000,000 is
available for obligation solely for calendar year 2004:
Provided, That of the amount made available for calendar year
2002, $5,000,000 shall be available for necessary expenses to
administer this Act, to remain available for calendar years
2003 and 2004 until expended: Provided further, That the
amounts appropriated under this section are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amounts
shall be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

Mr. VISCLOSKY (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on
the amendment.
The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
Mr. ROGERS of Kentucky. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any amendments thereto be limited to 30
minutes, to be equally divided and controlled by the proponent and
myself, the opponent.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
Mr. VISCLOSKY. Mr. Chairman, reserving the right to object, I have no
objection, but our preference is to have the gentleman from
Pennsylvania (Mr. Murtha), the ranking Democrat on the Subcommittee on
Defense and former chairman of the Steel Caucus, control time on our
side of the aisle on behalf of the amendment.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
Without objection, the gentleman from Pennsylvania (Mr. Murtha) and
the gentleman from Kentucky (Mr. Rogers) each will control 15 minutes.
There was no objection.
Mr. MURTHA. Mr. Chairman, I yield 5 minutes to the gentleman from
Indiana (Mr. Visclosky).
Mr. VISCLOSKY. I thank the gentleman from Pennsylvania (Mr. Murtha)
for controlling time on this amendment.
Mr. Chairman, the amendment that I have before the House is the same
amendment I offered in full committee 2 weeks ago and, that is, to
provide $800 million a year for 3 years to provide assistance on the
so-called legacy costs to the domestic steel industry to assist the
industry in solving their problems as far as pension costs and health
care for retirees, to allow the industry to save itself, to consolidate
and to continue to melt steel in the United States of America.
Why am I and others offering this amendment today to this bill?
Because it is a matter of utmost national defense. On August 26 of this
year, President George Bush said, ``If you're worried about the
security of the country and you become overreliant upon foreign sources
of steel, it can easily affect the capacity of our military to be well
supplied. Steel is an important jobs issue. It is also an important
national security issue.''
But why should we today ask the American taxpayer to help a specific
industry in this country? It is because they have been injured through
no fault of their own by foreign interests. On June 22 of this year,
Trade Ambassador Zoellick on behalf of President Bush initiated a
section 201 investigation by the International Trade Commission into
allegations that serious injury has occurred to the domestic steel
industry because of illegally traded steel over the last some years. I
would point out to my colleagues that this is the first presidentially
initiated 201 investigation in the last 16 years.
On October 22, a little over a month ago, the ITC, comprised of 3
Republicans and 3 Democrats, found that serious injury had occurred to
this industry. At this point in time, I would also point out that this
is an industry that has done everything possible to save itself. Under
the voluntary restraint agreements of the 1980s, the industry has
invested $60 billion in itself. Its productivity has increased 156
percent since 1980. And no one on the planet Earth makes steel more
efficiently than our domestic industry. It now takes only 3.5 man-hours
per ton to produce a ton of steel compared to 10 man-hours per ton two
decades ago.
As far as the technology involved with the industry, it is on the
cutting edge. Almost 50 percent of the steel purchased by automakers
today was not even produced 7 or 8 years ago, given the changes. But I
would point out to my colleagues, this is not only an economic issue
but it is a human

[[Page H8521]]

tragedy in the making. These improvements have occurred over the last
two decades because 300,000 American citizens gave their economic life.
And now we find that injury continues to occur because of illegal trade
practices.
The Trade Ambassador has suggested before any final implementation of
relief under an ITC recommendation, the industry must consolidate. The
industry needs this relief on liability in order to proceed.
Why today? Because the industry cannot wait until next year. The ITC
recommendation is not due until December 19, and the President's final
action does not have to occur until February 16. But what has happened
over the last 36 days since I last appeared before the Committee on
Rules in an attempt to offer this amendment to the economic stimulus
package? At that time and on that day, on October 23, I indicated to my
colleagues in the Committee on Rules that we were losing a steel
company at the rate of one every 3 weeks. That was October 23. Today I
stand before you and tell you we are losing steel and mining companies
at the rate of one every 7 days.
Since October 23, USA Metals in Texas declared bankruptcy. Since
October 23, Acme Steel in Illinois ceased all operations and are trying
to sell themselves for $1. Since October 23, Geneva Steel in the State
of Utah has ceased operations. Since that same date, LTV Corporation
filed to protect its assets. And last week in the State of Michigan,
Empire Mine idled all of its facilities indefinitely.
I would conclude my remarks on my amendment by reminding my
colleagues, we are talking about American citizens who are losing their
jobs, families who are losing their income, and I would ask for their
consideration.
Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from
Minnesota (Mr. Oberstar).
Mr. OBERSTAR. I thank the gentleman for yielding me this time.
Mr. Chairman, the gentleman from Indiana has made a very powerful and
compelling case. Steel is the basic building block of an industrial
society. In 1947, author John Gunther wrote that what makes America the
greatest industrialized Nation in the world is its ability to roll more
steel than the Soviet Union, Germany, France, Belgium and Great Britain
combined.
That statement is no longer true. We are bombarded by unfairly traded
steel, subsidized in foreign countries, to preserve a basic building
block of their economy and to dump their excess capacity in the world's
largest open free market, the United States. While we have played in
the international trade arena by the Marquis of Queensbury rules, other
countries are playing with black belt karate and kicking our brains
out. Brazil, 27 different tax subsidies for the production and export
of steel. Russia, Ukraine, producing steel at a loss in order to keep
people working, and dumping their steel in this market and causing
unemployment here.
The gentleman spoke well and truly about the legacy costs of the
domestic steel industry. His amendment is one way, but the best way to
avoid those legacy costs is for the administration to conclude the 201
proceeding now underway; impose countervailing duties or tariffs or
quotas, and stop the influx of subsidized steel; let the U.S. steel
industry continue to work, to hire people, to keep them on the job, to
keep those payrolls going. And we will not have to draw down the
Pension Benefit Guaranty Corporation funding to support the retirement
funds that are in jeopardy. We will not have to pay unemployment
compensation to pay people not to work. We ought to do either what the
gentleman from Indiana is suggesting or impose the penalty phase of the
injury process underway now in the International Trade Commission.
Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Strickland).
Mr. STRICKLAND. Mr. Chairman, I rise today as the son of a
steelworker in support of the gentleman from Indiana's amendment. I
want to commend the gentleman for his tireless efforts within the Steel
Caucus to ensure that the Federal Government is utilizing every means
possible to protect our domestic steel industry and those Americans it
employs.
The goal of the steel industry legacy relief program will not only
provide assistance to the steel producers in meeting retiree health
care costs, but it also gives comfort to the nearly 2 million Americans
who currently receive pensions and health care from current and former
steel companies. This assistance is especially important for those who
are eligible for retiree health insurance at the time a steel company
ceases its operations.
It is no secret that our domestic steel industry is in jeopardy. This
is an industry we rely on for our transportation, electric, oil and,
most importantly, our national security needs. The domestic steel
industry has been devastated by a flood of imported foreign steel,
resulting in plunging steel prices and the closing of multiple steel
producing companies. For example, LTV in Cleveland, like other steel
companies, is now on the brink of shutting down, leaving thousands to
be unemployed.
It is imperative that we make meaningful and effective reforms that
will ensure the long-term viability of this vital industry. The steel
industry legacy relief program is just one way to assist American
steelworkers who are negatively affected by widespread plant closings
and bankruptcies.
I want to thank the gentleman from Indiana. He is a soldier in this
fight to protect this vital industry. I urge my colleagues to support
his amendment.
Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the
gentleman from Ohio (Mr. Brown).

{time} 1758

Mr. BROWN of Ohio. Mr. Chairman, I thank the gentleman for yielding
me time.
Mr. Chairman, I am proud to join the gentleman from Indiana (Mr.
Visclosky) in support of this amendment. As thousands of American
steelworkers have sadly discovered, the U.S. has become the world's
steel dumping ground. During the 1998 steel crisis, steel imports into
the United States exceeded steel exports by 36 million tons. The trade
deficit in steel was $11.7 billion, accounting for about 7 percent of
our continually growing overall trade imbalance. The vast majority of
these imports were subsidized by foreign governments and dumped at
below-market prices in the United States.
Congress must respond. One immediate step we must take is protect the
retirement benefits that these workers have earned. To encourage needed
reorganization and consolidation of the domestic steel industry, a
Steel Industry Legacy Relief Program should be created to provide
assistance to steel producers in meeting retiree health care costs.
This amendment establishes such a program, offering assistance equal to
80 percent of the total expenditures made to meet steel retiree health
care liabilities.
Our country's history of flawed trade agreements has propelled the
steel industry towards the crisis it faces today. It only makes sense
that current and future retirees, surviving spouses, and dependents who
are eligible for retiree health insurance which they earned at the time
a company ceases operation be eligible to receive assistance.
We must protect the 700,000 hard-working families who rely on this
industry for their salaries, pensions and health benefits, and for
those communities in which they live. I urge all of my colleagues to
support America's steelworkers and those communities in which these
steelworkers live.
Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Chairman, the legacy cost issue that has been
raised by the gentleman from Indiana (Mr. Visclosky) is one of the
important elements in addressing the financial stability of America's
steel industry.
Mr. Chairman, at this very time, 3,200 steelworkers in Cleveland are
wondering whether or not they are going to have jobs tomorrow; and yet,
despite the fact that the union and the creditors have worked together
to make concessions, the management of LTV wants to liquidate the
company. We are anticipating that new management will come in, and new
management will need something done about legacy costs, as will
management of steel companies throughout this country.
It is urgent that we address the issue that is raised by this
amendment. Because of the accumulation by steel

[[Page H8522]]

companies of massive legacy costs, the cost of pension and health
benefits for thousands of employees who went into retirement has to be
assured.
The Visclosky amendment, supported by both the steel industry and the
steelworkers, provides a solution. Much like title II of H.R. 808, the
amendment would create a fund to address legacy costs. Steel companies
would be able to draw on the fund to aid with the payment of health and
pension benefits.
One might ask, what does this have to do with defense? That has been
raised. The existence of a healthy steel industry is crucial to our
national security. It is inexplicable that at the time when we are in a
national emergency, at a time when our men and women are traveling
overseas to defend the interests of this country, that we should
simultaneously be here begging for the survival of the American steel
industry, which has defended this country through matters, thick and
thin, over the last century.
It is essential that Congress begin to take action to save this steel
industry and to save the jobs. Right now there are thousands of
American families, tens of thousands, who are watching this Congress,
wondering if we are going to hear their pleas. We bailed out the
airline industry. The insurance industry is going to be walking down
this aisle in the next few hours. And yet what about American steel?
What about protecting our national security? What about legacy costs?
Mr. MURTHA. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, one of the points that I want to make, and I am not in
the habit of speaking when I know a point of order is going to be made
against legislation, but here is what we face: for instance, Bethlehem
Steel has 18 retirees for every person working. Bethlehem's pension
cost is going to be at least $2 billion over a period of time if they
go chapter 7.
Now, who picks that up? The PBGC picks it up. We set up the PBGC in
order to protect what we thought would be garment factories going out
of work. We only pay 80 percent of the pension costs. We pay none of
the health care costs.
Right now all of those retirees are being paid by Bethlehem Steel. We
have the same problem with LTV and all these other companies that have
retirees that do not have full funding for the pension guarantee in
their fund. So we are going to have to face this.
We did it for the coal miners, for the health care costs for the coal
miners, and we are going to have to look at some way to take care of
these pensioners. All of us have retired steelworkers. We have them
from Pennsylvania that move to Florida, we have them in California, we
have them all over the country. If we do not, we are going to have
thousands of steelworkers getting 80 percent of their pension and
losing their health care costs completely.
So I hope that when we go to conference we will look at the
possibility of finding a way to fund some of these corporations out of
the tariffs. Now, if the administration finds a way to charge tariffs
and then we can take the money out of the tariffs, it would cost the
government a lot less than it would if we go to PBGC. So I would ask
all the Members of the committee to think about the disastrous process
we are going to have to go through if we lose these steel companies,
besides the fact of national security.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio (Mrs.
Jones).
Mrs. JONES of Ohio. Mr. Chairman, I would like to thank the gentleman
for yielding me time.
I am pleased to rise in support of this amendment. In the city of
Cleveland, I am sure you have heard from my colleague that we are in
the midst of the closing of LTV Steel. That will impact some 3,200
workers at LTV, but also, in addition, the retirees and others who are
supported by the steel industry.
I rise in support of this Legacy Relief Program because the retiree
costs in the industry are surely the highest costs that are paid by the
industry. In the case of a steel company that ceases operation on or
after January 1, 2000, current and future retirees, surviving spouses
and dependents who are eligible for retiree health insurance at the
time the company ceases operation shall be eligible to receive
assistance.
That is what our steel companies need. The percentage of the cost of
retiree health care costs far exceeds the other costs of a steel
company remaining in place.
I want to thank my colleague, the gentleman from Indiana (Mr.
Visclosky), for offering this amendment. I want to thank my other
colleagues in the Steel Caucus who have stood up on behalf of
steelworkers across this country.
As we have talked over the past weeks of being in an economic crisis
as a result of September 11, the steel industry is in an economic
crisis, not just because of September 11, but because of the failure of
our Nation to come up with a program that adequately addresses the
steel industry.
It is the long-term impact that has caused the steel industry to be
in the dilemma it currently is in, and it is therefore incumbent upon
us as Members of Congress to step up to the plate and say to the steel
industry, we want to save you; we are going to do two, three or four
things to help you get on the right track.
This bill is one of the things that we can do to get the steel
industry on the right track, and, in addition, to support those workers
who built the World Trade Center, those workers who built all of the
buildings that cross this country.
Mr. STUPAK. Mr. Chairman, I am pleased to offer this important
bipartisan amendment with Representatives LaTourette and Strickland.
Our amendment limits the funds that can be allocated under this bill to
purchase steel, so that such funds can only go towards purchasing
American melted and poured steel.
I would like to first give special thanks to Ranking Member Murtha,
who has recognized the importance of this provision to the steel
industry. I thank him, as well as Chairman Lewis, for their support.
This amendment is the least we can do. Our U.S. steel industry is in
an ever increasing downward spiral.
In fact, just last week LTV Corporation announced that it is seeking
to shut down its steel making operations. LTV is a part owner and
customer of the Empire Mine in my district, and because of that
announcement, the Empire Mine is going to be idled indefinitely. Most
of the workers at the Empire will be laid off by the end of the month.
770 hourly and 120 salaried employees will be affected by this mine
closure.
This mine closing is absolutely devastating to these workers, their
families, and the communities that rely on the iron ore mines. I owe it
to these hardworking citizens of northern Michigan to do what I can in
Congress to try to save the steel. and iron ore industries.
All I say to everyone in this House: we should wherever possible
promote our domestic steel industry and encourage the purchase of
American steel. We now have such an opportunity.
The Department of Defense purchases ships, plans, and other systems
that consume large quantities of steel. As we appropriate our taxpayer
dollars towards funding our defense needs, we should ensure that these
monies are not used to further endanger our already weakened domestic
steel industry.
Our taxpayer dollars should not go to buying foreign steel, American
money they should buy American steel.
Our steel industry is efficient, it is competitive, and it produces a
high quality product. It is being driven out of business by the dumping
of below market priced foreign steel.
U.S. government contracts should not be buying foreign dumped steel
over our quality U.S. steel.
Our amendment requires the Department of Defense contractors to buy
U.S. melted and poured steel.
Our amendment does provide that in cases where the steel product is
not domestically available, or there are some national security reasons
for buying foreign steel, that an exception is possible. Other than
those instances, however, we will be promoting our domestic steel
industry in its fight to survive.
In this time when our very national security has been threatened, we
cannot further jeopardize our domestic steel industry. Vote for the
Stupak-
La Tourette-Strickland amendment

[[Page H8523]]

and cast a vote for the American steel industry.

Point of Order

Mr. ROGERS of Kentucky. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation in an appropriations bill, therefore violating
clause 2 of rule XXI.
The rule states in pertinent part: ``An amendment to a general
appropriation bill shall not be in order if changing existing law.''
The amendment directly amends existing law, and I ask for a ruling of
the Chair.
The CHAIRMAN. Does the gentleman from Indiana (Mr. Visclosky) wish to
be heard on the point of order?
Mr. VISCLOSKY. Mr. Chairman, I would ask to be recognized.
Mr. Chairman, I will not concede the issue of relief being necessary
for the domestic steel industry. I would concede that the amendment
that was offered here today is violative of the rule we are operating
under. I would simply want to withdraw that amendment.
Before I do that, I want to sincerely thank the chairman of the full
committee, the gentleman from Florida (Mr. Young); I want to thank my
chairman on the Subcommittee on Defense, the gentleman from California
(Mr. Lewis); as well as the gentleman from Kentucky (Mr. Rogers), who
managed the time, for the courtesy in allowing us to keep this very
important issue before this institution and the American people.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.

Amendment Offered by Mr. Manzullo

Mr. MANZULLO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. Could the gentleman from Illinois specify which
amendment?
Mr. MANZULLO. Mr. Chairman, this is the amendment that deals with the
7(a) program, the 504 program.
The CHAIRMAN. Section 201 or 202?
Mr. MANZULLO. It would be on page 148, line 7, if that helps.
The CHAIRMAN. The Clerk will report the amendment.
The Clerk read as follows:

Amendment offered by Mr. Manzullo:
Page 148, beginning on line 9, strike section 201.

Mr. MANZULLO (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order
against the amendment.
The CHAIRMAN. The point of order is reserved.
The gentleman from Illinois (Mr. Manzullo) is recognized for 5
minutes.
Mr. MANZULLO. Mr. Chairman, this amendment, which I offer along with
the gentlewoman from New York (Ms. Velazquez), the ranking minority
member on the Committee on Small Business, will allow the $140 million
appropriated in this emergency supplemental to also go toward the 7(a)
and 504 loan programs of the Small Business Administration if not all
the funds have been used for disaster relief. The initial appropriation
of $100 million last September and this additional funding of $140
million is designated to support $1 billion in disaster relief. As of
November 19, the SBA approved nearly $142 million in total disaster
relief.
The CHAIRMAN. The gentleman from Illinois will suspend.
The amendment the Clerk read was an amendment striking section 201.
Is that the amendment the gentleman wishes to offer?
Mr. MANZULLO. I am not addressing that. There are three amendments.
The CHAIRMAN. The amendment that the gentleman is addressing is not
yet at the desk.
Mr. MANZULLO. I would withdraw my remarks, and ask unanimous consent
that the amendments that we have striking sections 201 and 202 be
considered en bloc, and then we could return later to the first one
which I was addressing.
The CHAIRMAN. Without objection, the amendment reported by the Clerk
is withdrawn, and the amendments striking sections 201 and 202 will be
considered en bloc.
There was no objection.

Amendments Offered by Mr. Manzullo

Mr. MANZULLO. Mr. Chairman, I offer amendments en bloc.
The Clerk read as follows:

Amendments offered by Mr. Manzullo:
Page 148, beginning on line 9, strike section 201.
Page 148, beginning on line 23, strike section 202.

Mr. MANZULLO. Mr. Chairman, this amendment strikes sections 202 and
section 201 and section 202. Section 202 violates House rule XXI by
authorizing in an appropriations bill, and it is the same argument with
section 201. I would ask for the support of the Committee on
Appropriations on this.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. MANZULLO. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, if the gentleman is prepared to
complete his debate on this, we are prepared to accept his amendment.
Mr. MANZULLO. Mr. Chairman, I am finished.
The CHAIRMAN. The question is on the amendments offered by the
gentleman from Illinois (Mr. Manzullo).
The amendments were agreed to.

Amendment Offered by Mr. Manzullo

Mr. MANZULLO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Manzullo:
Page 148, line 7, after the period insert ``Notwithstanding
any other provision of this Act or any other law, funds made
available to the Small Business Administration from amounts
available in Public Law 107-38 may be obligated for emergency
expenses and business loan assistance related to the
September 11, 2001, terrorist attacks on the United States
and related economic conditions under subsections (a) and (b)
of section 7 of the Small Business Act (15 U.S.C. 636) and
title III and sections 503 and 504 of the Small Business
Investment Act of 1958 (15 U.S.C. 661 et seq.).''.

Mr. MANZULLO (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on
this amendment.
The CHAIRMAN. The point of order is reserved.
The gentleman from Illinois (Mr. Manzullo) is recognized for 5
minutes.
Mr. MANZULLO. Mr. Chairman, this amendment, which I offer along with
the ranking minority member, the gentlewoman from New York (Ms.
Velazquez), will allow the $140 million appropriated in this emergency
supplemental to also go towards the 7(a) and 504 loan program of the
Small Business Administration if not all the funds have been used for
disaster relief.
The initial appropriation of $100 million last September and this
additional funding of $140 million is designed to support $1 billion in
disaster relief. As of November 19, the SBA approved nearly $142
million in total disaster relief, with only $24 million being actually
disbursed. It is quite conceivable that the SBA may not use the entire
allotment provided in this appropriations.
My amendment simply gives the SBA administrator the flexibility to
use all these funds to provide additional relief to small business
borrowers who use the main lending programs of the SBA, the 7(a)
General Business Loan program and the 504 Certified Development Company
program. The $240 million set aside for the SBA in P.L. 107-38 and H.R.
3338 should be used to help as many small businesses as possible.
I urge my colleagues to support this amendment.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I just rise to ask the gentleman a question. As I
understand it, the gentleman just moved to strike in the previous
amendment because it was legislating on an appropriations bill.
Mr. MANZULLO. Mr. Chairman, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Illinois.
Mr. MANZULLO. Mr. Chairman, that is correct.

[[Page H8524]]

Mr. OBEY. Now, reclaiming my time, is it correct that the gentleman
is proposing an amendment that legislates on an appropriations bill?
Mr. MANZULLO. Mr. Chairman, if the gentleman will yield further, it
is questionable as to whether it does or not. I am sure the Committee
on Appropriations will state that it does; and I will state that it
does not for the record, and I will probably lose. That is correct.
Mr. OBEY. Well, all I can say is it certainly appears to me to do so,
and I find that lack of consistency very interesting.
Mr. DAVIS of Illinois. Mr. Chairman, I rise in support of the
Manzullo and Velazquez amendment. The purpose of this amendment is to
allow $140 million appropriated in this emergency supplemental to also
go towards the 7(a) Loan Guaranty Program and the 504 Certified
Development Company Loan Programs of the Small business Administration
providing that not all the funds have been used for disaster relief.
This amendment will give the Small Business Administration flexibility
to use all appropriate funding to provide additional relief to small
business borrowers who use main lending programs of the Small Business
Administration.
After 10 years of solid economic growth, America has entered an
economic downturn. For the first time in a decade the economic
indicators--benchmarks showing where we are and where we are going--all
point down. Job losses in technology and manufacturing have risen
dramatically and corporate bankruptcies were nearly double what they
were last year. Consumer confidence hit its lowest point in over a
decade. Even though, the U.S. stock market saw a significant gain in
the last 10 years. However, the bottom has virtually fallen out as a
result of the events of September 11. Now every industry is taking a
huge hit as profits and employment figures head into a free fall.
Part of the solution to this problem is for Congress and the
President to implement a sound and fair fiscal policy that will provide
an economic stimulus for the general public and small businesses. Since
small businesses account for 99.7 percent of America's employers, it
can play a vital role in bringing America out of this economic
downturn.
To help American small business survive this economic downturn, the
Small Business Administration must engage all available resources in
facilitating entrepreneurship development, providing low- or no-
interest loans, and more technical assistance programs to small
businesses. The most important contribution Congress can make is to
fund all SBA programs at their authorized levels.
I urge all my colleagues to support the Manzullo and Velazquez
amendment.

{time} 1815

Point of Order

Mr. YOUNG of Florida. Mr. Chairman, I make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation in an appropriations bill and, therefore,
violates clause 2 of rule XXI.
The rule states, in pertinent part, ``An amendment to a general
appropriations bill shall not be in order if changing existing law.''
This amendment changes existing law. I ask for a ruling on the point of
order.
The CHAIRMAN. Does the gentleman from Illinois (Mr. Manzullo) wish to
be heard on the point of order?
Mr. MANZULLO. Yes, I wish to be heard on the point of order.
This amendment simply gives the flexibility to the SBA administrator
to use leftover funds already appropriated to also go towards a 7(a)
and 504 loan program. There is sufficient authorization already in
place to cover the expected increase in demand as those turned down for
disaster look to other sources for assistance. This amendment does not
require that this funding go towards 7(a) in a 504 loan program, it
simply provides discretion to the SBA administrator. On line 3 and 4
the amendment clearly states that funds made available to the Small
Business Administration from amounts available in P.L. 107-38 may be
obligated for emergency expenses and business loan assistance for the
purpose of disaster loan programs and also the 7(a) and the 504
programs.
We would argue that this is not an open-ended commitment; this is a
one-time emergency response to a credit crisis facing small businesses
across the Nation.
Earlier this month the Federal Reserve released reports which stated
that banks are imposing tougher standards on business loans over the
last 3 months because of the slowing economy. We need fee relief in the
7(a) and 504 loan programs in order to get our economy back on track.
So this does not spend any extra money, it simply works within the
parameters of the discretion of the SBA administrator and, therefore, I
do not believe that we are legislating on an appropriations bill.
The CHAIRMAN. The Chair is prepared to rule on the point of order.
The Chair finds that this amendment explicitly supersedes existing
law. The amendment, therefore, constitutes legislation in violation of
clause 2 of rule XXI. The point of order is sustained, and the
amendment is not in order.

Amendment Offered by Mr. Sanders

Mr. SANDERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment offered by Mr. Sanders:
Page 165, line 24, after the dollar amount, insert the
following: ``(reduced by $100,000,000) (increased by
$100,000,000)''.

Mr. SANDERS. Mr. Chairman, this amendment is cosponsored by the
gentleman from Illinois (Mr. Davis), the gentleman from New York (Mr.
Hinchey), the gentleman from Massachusetts (Mr. Tierney), and the
gentlewoman from Wisconsin (Ms. Baldwin).
Mr. Chairman, today we are talking about bioterrorism and how to
protect the American people against this nightmare, and that is an
appropriate subject of discussion and something that the American
people want us to address. But we must be frank and say that if, God
forbid, this country was ever subjected to a major terrorist attack in
terms of biological, chemical, or nuclear weapons, we must admit that
we currently do not have the public health infrastructure to deal with
such a crisis. This bill contains many important provisions to fill
that gap, and I support those provisions, but it still leaves a very
large hole.
Mr. Chairman, 44 million Americans have no health insurance or any
primary care physician, and tens of millions more are inadequately
insured. In the event of a national medical emergency, where would
these people turn for medical assistance? How, in an orderly and
effective way, would millions of people receive the medications and
medical care they need on the same day?
In my view, the United States Government must make certain that every
community in America, in our large cities and in our rural small towns,
have a public health capability for treating all people, regardless of
income, regardless of geographical location. It is inconceivable to me
that we can talk seriously about addressing the nightmare of
bioterrorism without addressing the issue of public health
infrastructure. We can have all the medicine we want, we can have all
the vaccines we want, and we must have that, but they will not do us
any good if there is not a public health infrastructure to make sure
that that medicine is adequately and effectively distributed and that
all people are able to get the health care that they need. That will
not be easy.
Mr. Chairman, this amendment begins to address that problem by
providing $100 million in additional funding for federally qualified
community health centers. The good news here is that we are not
reinventing the wheel in this area, because FQHCs have already shown in
urban areas and in rural areas that they can provide quality health
care to all people at a very cost-effective rate.
Mr. Chairman, FQHCs already exist in every State in this country and
are widely recognized as doing a great job. They have widespread
support on both sides of the aisle and from President Bush and
Secretary of Health and Human Services Thompson. The only problem is
that there are not enough of them, and if we are serious about
protecting the American people from bioterrorism, we must build more.
The bottom line is that every American must know that in the event of a
national medical emergency, there is a public health place that they
can go to get the drugs that they need and to get the health care they
need that does not

[[Page H8525]]

exist now. And in my view, by expanding the community health center
program, we can go a long way in making that access available to all
people.
So, Mr. Chairman, I think that this is an important amendment, it is
widely supported, and I would hope the membership would accept it.
Mr. LEWIS of California. Mr. Chairman, we very much appreciate the
brevity of the gentleman and, with that, we have no objection to the
amendment.
Mr. OBEY. Mr. Chairman, we also have no objection on this side of the
aisle.
Mr. DAVIS of Illinois. Mr. Chairman, I rise in support of the
amendment.
I simply appreciate the fact that this amendment is accepted. I
commend the gentleman for introducing it. Community health centers do,
in fact, have the infrastructure in place, and I think it is a great
amendment, and I appreciate the chairman and the ranking member for
accepting the amendment.
Mr. Chairman, I rise in support of the Sanders amendment. This
amendment simply redirects $1 million from the Public Health and
Emergency Fund to Community Health Centers to make sure that they are
prepared in the event of a bioterrorism attack.
Community Health Centers are the first responders; they are the
community doctors to more than 12 million patients a year. They provide
quality affordable health care to the uninsured, working poor, and
Medicaid and Medicare populations.
The tragic events of September 11th have changed our lives forever.
It has caused us to re-examine our public health infrastructure--to
determine whether we are prepared should a bioterrorism attack occur.
The Illinois Primary Health Care Association just distributed a ``White
Paper'' on this very subject. They suggest that the unfortunate reality
of today is that community health centers in Illinois and throughout
the country are not well prepared to fulfill their role as first
responders in the event of a bioterrorist attack. They note that health
center personnel presently lack adequate (if any) training to detect
the symptoms associated with bioterrorism. Additionally, health center
personnel lack the capacity to conduct mass inoculations, and they do
not possess the communications infrastructure necessary to quickly
share suspicious diagnosis information with other entities in the
community and public health sector. Finally, many Illinois community
health centers lack any formal plan to manage the consequences of a
bioterrorist attack and community and regional planning has been
inadequate.
This ``White Paper'' really underscores the weaknesses in our public
health infrastructure. We must not only ensure our strength abroad--but
we must solidify our strength at home. A public health infrastructure
that is strong provides security for all of our citizens. This is a
matter of public health. The Sanders amendment proposes to strengthen
our public health infrastructure by redirecting $1 million to our first
responders--community health centers.
This is a good amendment because it will provide the resources needed
to assist in training health center personnel on bioterrorism and
upgrading existing facilities. It will also help to create additional
health centers and provide resources to strengthen our integrated
information system.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Vermont (Mr. Sanders).
The amendment was agreed to.

Amendment Offered by Mrs. Lowey

Mrs. LOWEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore (Mr. Simpson). Is there objection to
consideration of the amendment at this stage of the reading?
There was no objection.
The Clerk read as follows:

Amendment offered by Mrs. Lowey:
In the proposed division B (relating to emergency
supplemental appropriations), insert the following new
titles:

TITLE II--EMERGENCY RELIEF AND RECOVERY PROVISIONS

DEPARTMENT OF LABOR

Employment and Training Administration

temporary emergency unemployment assistance for the state of new york

For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, for payment to
the special fund established and administered by the State of
New York for the payment of unemployment compensation (as
referred to in section 3306(f) of the Internal Revenue Code
of 1986), $880,000,000, to remain available until expended:
Provided, That such amount shall be available only to provide
assistance to dislocated workers in New York City and the
State of New York who are unemployed as a consequence of
those attacks, in accordance with succeeding provisions of
this paragraph: Provided further, That such amount shall not
be paid over to such special fund until such time as the
State of New York enters into an agreement with the Secretary
of Labor, under the terms of which such amount shall be used
only (1) to provide for up to 26 weeks of regular
compensation to displaced workers (described in the preceding
proviso) in accordance with the unemployment compensation law
of that State, (2) to provide for up to 26 weeks of extended
compensation, under a program established under such
agreement, for any such displaced workers who have, beginning
with any week that begins on or after September 11, 2001, and
before the week that includes December 31, 2002, exhausted
all rights to regular compensation under the unemployment
compensation law of that State, (3) to provide for up to 26
weeks of benefits, under a program established under such
agreement, for any such displaced workers not otherwise
eligible for benefits under the unemployment compensation law
of that State (weekly benefits under such program not to
exceed the maximum weekly amount authorized under the
unemployment compensation law of that State), and (4)
notwithstanding any other provision of State or Federal law,
to cover administrative expenses incurred by that State in
connection with any compensation or benefits provided for
under clauses (1)-(3); and the State of New York has taken
such measures as may be necessary to ensure that the
provisions of such agreement relating to clauses (2) and (3)
will be implemented: Provided further, That such amount may
be used to reimburse the appropriate fund or account of the
State of New York for any amounts described in clause (1) or
(4) of the preceding proviso which were paid or incurred
after September 11, 2001, and before the date of the
enactment of this Act with respect to such displaced workers:
Provided further, That, in determining (for purposes of this
paragraph) whether an individual's separation from employment
was as a consequence of the September 11, 2001, terrorist
attacks on the United States, the relevant authority may
consider the displacement of businesses in and around the
World Trade Center area, dislocations for workers employed in
businesses serving clients in and around the World Trade
Center area, the effect of the attacks on travel and tourism
in the New York City area, and the effect of the attacks on
the ability of businesses to distribute goods and services in
the New York City area: Provided further, That, in connection
with any compensation payable under chapter 85 of title 5,
United States Code, and any compensation payable on the basis
of services to which section 3309(a)(1) of the Internal
Revenue Code of 1986 applies, any amounts paid out of the
amount appropriated by this paragraph shall not be required
to be repaid: Provided further, That the amount provided in
this paragraph is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

premium assistance for cobra continuation coverage for certain
individuals impacted by the terrorist attacks

Sec. 2101. (a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Labor, shall establish a
program under which premium assistance for COBRA continuation
coverage shall be provided for qualified individuals under
this section.
(2) Qualified individuals.--For purposes of this section, a
qualified individual is an individual who--
(A)(i) becomes entitled to elect COBRA continuation
coverage--
(I) as a result of the loss of employment in New York City
or New York State of the individual as a consequence of the
September 11, 2001, terrorist attacks on the United States;
or
(II) as a result of a reduction of hours of employment in
New York City or New York State of the individual as a
consequence of such attacks; or
(ii) is the beneficiary of an individual who--

(I) is described in clause (i); or
(II) was employed in New York City or New York State at the
time of such attacks and was killed as a result of such
attacks;

(B) has elected such coverage; and
(C) enrolls in the premium assistance program under this
section by not later than the end of the 1-year period
beginning on the date of the enactment of this Act.
(3) Scope of consequences of attack.--For purposes of this
section (and the succeeding section), in determining whether
an individual's loss of employment or reduction in hours of
employment is a consequence of the September 11, 2001,
terrorist attacks on the United States, there shall be taken
into consideration the displacement of businesses in and
around the World Trade Center area, dislocations for workers
employed in businesses serving clients in and around the
World Trade Center area, the effect of the attacks on travel
and tourism in the New York City area, and the effect of the
attacks on the ability of businesses to distribute goods and
services in the New York City area.

[[Page H8526]]

(4) State option to elect administration of program.--
(A) In general.--A State may elect to administer the
premium assistance program established under this section if
the State submits to the Secretary of the Treasury, not later
than January 1, 2002, a plan that describes how the State
will administer such program on behalf of qualified
individuals who reside in the State beginning on that date.
(B) Payments.--In the case of a State that submits a plan
under subparagraph (A), subject to subsection (k), the
Secretary of the Treasury shall pay to each such State an
amount for each quarter equal to the total amount of premium
subsidies provided in that quarter on behalf of such
individuals.
(5) Immediate implementation.--The program established
under this section shall be implemented without regard to
whether or not final regulations to carry out such program
have been promulgated by the deadline described in paragraph
(1).
(b) Limitation of Period of Premium Assistance.--Premium
assistance provided under this subsection shall end with
respect to an individual on the earlier of--
(1) the date the individual is no longer covered under
COBRA continuation coverage; or
(2) 12 months after the date the individual is first
enrolled in the premium assistance program established under
this section.
(c) Payment and Crediting of Assistance.--
(1) Amount of assistance.--Premium assistance provided
under this section shall be equal to 100 percent of the
amount of the premium required for the COBRA continuation
coverage.
(2) Provision of assistance.--Premium assistance provided
under this section shall be provided through the
establishment of direct payment arrangements with a group
health plan (including a multiemployer plan), an issuer of
health insurance coverage, an administrator, or an employer
as appropriate with respect to the individual provided such
assistance. It shall be a fiduciary duty of the plan, issuer,
administrator, or employer to enter into such arrangements
under this section.
(3) Premiums payable by qualified individual reduced by
amount of assistance.--Premium assistance provided under this
section shall be credited by such plan, issuer,
administrator, or employer against the premium otherwise owed
by the individual involved for such coverage.
(d) Change in COBRA Notice.--
(1) General notice.--
(A) In general.--In the case of notices provided under
section 4980B(f)(6) of the Internal Revenue Code of 1986 with
respect to individuals who, on or after September 11, 2001,
and before the end of the 1-year period beginning on the date
of the enactment of this Act, become entitled to elect COBRA
continuation coverage, such notices shall include an
additional notification to the recipient of the availability
of premium assistance for such coverage under this section.
(B) Alternative notice.--In the case of COBRA continuation
coverage to which the notice provision under section
4980B(f)(6) of the Internal Revenue Code of 1986 does not
apply, the Secretary of the Treasury shall, in coordination
with group health plans, health insurance issuers,
administrators, and employers that provide or administer the
COBRA continuation coverage involved, assure provision of
such notice.
(C) Form.--The requirement of the additional notification
under this paragraph may be met by amendment of existing
notice forms or by inclusion of a separate document with the
notice otherwise required.
(2) Specific requirements.--Each additional notification
under paragraph (1) shall include--
(A) the forms necessary for establishing eligibility under
subsection (a)(2)(A) and enrollment under subsection
(a)(2)(C) in connection with the coverage with respect to
each qualified individual;
(B) the name, address, and telephone number necessary to
contact the plan administrator and any other person
maintaining relevant information in connection with the
premium assistance; and
(C) the following statement displayed in a prominent
manner:
``You may be eligible to receive assistance with payment of
100 percent of your COBRA continuation coverage premiums for
a duration of not to exceed 12 months.''.
(3) Notice relating to retroactive coverage.--In the case
of such notices previously transmitted before the date of the
enactment of this Act in the case of a qualified individual
who has elected (or is still eligible to elect) COBRA
continuation coverage as of the date of the enactment of this
Act, the group health plan, health insurance issuer,
administrator, or employer involved or the Secretary of the
Treasury (in the case described in the paragraph (1)(B))
shall provide (within 60 days after the date of the enactment
of this Act) for the additional notification required to be
provided under paragraph (1).
(4) Model notices.--The Secretary shall prescribe models
for the additional notification required under this
subsection.
(f) Obligation of Funds.--Subject to subsection (k), this
section constitutes budget authority in advance of
appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of premium
assistance under this section.
(g) Prompt Issuance of Guidance.--The Secretary of the
Treasury, in consultation with the Secretary of Labor, shall
issue guidance under this section not later than 30 days
after the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) Administrator.--The term ``administrator'' has the
meaning given such term in section 3(16) of the Employee
Retirement Income Security Act of 1974.
(2) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 1002 of the Employee Retirement
Income Security Act of 1974.
(3) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage provided
pursuant to title XXII of the Public Health Service Act,
section 4980B of the Internal Revenue Code of 1986 (other
than subsection (f)(1) of such section insofar as it relates
to pediatric vaccines), part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (other
than under section 609), section 8905a of title 5, United
States Code, under a State program that provides continuation
coverage comparable to such continuation coverage, or other
comparable continuation coverage offered to a beneficiary
under a group health plan.
(4) Federal public benefit.--The term ``Federal public
benefit'' has the meaning given that term in section 401(c)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1611(c)).
(5) Group health plan.--The term ``group health plan'' has
the meaning given that term in section 2791(a) of the Public
Health Service Act (42 U.S.C. 300gg-91(a)) and in section
607(1) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1167(1)).
(6) Multiemployer plan.--The term ``multiemployer plan''
has the meaning given that term in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)).
(7) State.--The term ``State'' means the State of New York.
(8) State or local public benefit.--The term ``State or
local public benefit'' has the meaning given that term in
section 411(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).
(i) Emergency Designation.--The amount provided in this
section is designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985. Such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.
(j) Disregard of Subsidies for Purposes of Federal and
State Programs.--Notwithstanding any other provision of law,
any premium assistance provided to, or on behalf of, an
individual under this section, shall not be considered income
or resources in determining eligibility for, or the amount of
assistance or benefits provided under, any other Federal
public benefit or State or local public benefit.
(k) Limitation on Amount.--
(1) In general.--Notwithstanding any other provision of
this section or section 2102, in no case shall the total
amount that may be obligated under this section and section
2102 exceed $1,025,000,000.
(2) Contingency mechanism.--
(A) In general.--The Secretaries of the Treasury and Health
and Human Services shall cooperatively establish a mechanism
to assure that the total amount obligated under this section
and section 2102 does not exceed the amount specified in
paragraph (1).
(B) Use of first come, first served mechanism.--Under such
mechanism--
(i) with respect to this section, the Secretary of the
Treasury shall provide, in coordination with States to the
extent applicable, the assistance under this section giving
priority based upon the order in which a qualified individual
applies for assistance in a manner consistent with
subparagraph (A); and
(ii) with respect to section 2102, the Secretary of Health
and Human Services shall provide that the Federal financial
participation provided under such section shall be available
to States giving priority based upon the order of qualifying
expenditures under State plans in a manner consistent with
subparagraph (A).

optional temporary medicaid coverage for certain uninsured individuals
impacted by the terrorist attacks

Sec. 2102. (a) In General.--Notwithstanding any other
provision of law, with respect to any month before the ending
month, a State may elect to provide, under its medicaid
program under title XIX of the Social Security Act, medical
assistance in the case of an individual--
(1)(A) who lost employment in New York City or New York
State as a consequence of the September 11, 2001, terrorist
attacks on the United States;
(B) who experienced a reduction of hours of employment in
New York City or New York State as a consequence of such
attacks; or
(C) who is the spouse or dependent child of--
(i) an individual described in subparagraph (A) or (B); or
(ii) an individual who was employed in New York City or New
York State and was killed as a result of such attacks;

[[Page H8527]]

(2) who is not eligible for COBRA continuation coverage (as
defined in section 2101(h)(3)); and
(3) who is uninsured.
(b) Limitation of Period of Coverage.--Assistance under
this section shall end with respect to an individual on the
earlier of--
(1) the date the individual is no longer uninsured; or
(2) 12 months after the date the individual is first
determined to be eligible for medical assistance under this
section.
(c) Special Rules.--In the case of medical assistance
provided under this section--
(1) the Federal medical assistance percentage under section
1905(b) of the Social Security Act shall be 100 percent;
(2) a State may elect to disregard (or apply alternative)
income, asset, and resource limitations and the provisions of
section 1916(g) of such Act, except that in no case shall a
State cover individuals with higher family income without
covering individuals with a lower family income;
(3) such medical assistance shall not be provided for
periods before the date the individual becomes uninsured;
(4) individuals eligible for medical assistance under this
section shall be deemed to be described in the list of
individuals described in the matter preceding paragraph (1)
of section 1905(a) of such Act; and
(5) the Federal financial participation with respect to
such assistance is subject to the limitations specified in
section 2101(k).
(d) Definitions.--For purposes of this Act:
(1) Uninsured.--The term ``uninsured'' means, with respect
to an individual, that the individual is not covered under--
(A) a group health plan (as defined in section 2791(a) of
the Public Health Service Act),
(B) health insurance coverage (as defined in section
2791(b)(1) of the Public Health Service Act), or
(C) a program under title XVIII, XIX, or XXI of the Social
Security Act, other than under such title XIX pursuant to
this section.
For purposes of this paragraph, such coverage under
subparagraph (A) or (B) shall not include coverage consisting
solely of coverage of excepted benefits (as defined in
section 2791(c) of the Public Health Service Act).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act.
(3) Ending month.--The term ``ending month'' means the last
month that begins before the date that is 1 year after the
date of the enactment of this Act.
(e) Effective Date.--This section shall take effect upon
its enactment, whether or not regulations implementing this
section are issued.
(f) Emergency Designation.--The amount provided in this
section is designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985. Such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

TITLE III--ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS

CHAPTER 1--LABOR PROGRAMS

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

Of the amount provided under this heading in title I of
this division, $32,400,000 shall be provided to the
Consortium for Worker Education, established by the New York
City Central Labor Council and the New York City Partnership,
for an Emergency Employment Clearinghouse.

State Unemployment Security Office

workers compensation programs

(including transfer of funds)

For emergency expenses to respond to the September 11, 2001
terrorist attacks on the United States, for workers
compensation programs in accordance with this paragraph,
$195,000,000, to remain available until expended: Provided,
That, of such amount, $145,000,000 shall be for payment to
the New York State Workers Compensation Review Board, for the
processing of claims related to the terrorist attacks:
Provided further, That, of such amount, $25,000,000 shall be
for payment to the New York State Uninsured Employers Fund,
for reimbursement of claims related to the terrorist attacks:
Provided further, That, of such amount, $25,000,000 shall be
for payment to the New York State Uninsured Employers Fund,
for reimbursement of claims related to the first response
emergency services personnel who were injured, were disabled,
or died due to the terrorist attacks: Provided further, That
the amount provided in this paragraph is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.

CHAPTER 2--HEALTH AND HUMAN SERVICES PROGRAMS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

health resources and services

For an additional amount for ``Health Resources and
Services'' to reimburse local area public and private
hospitals for unreimbursed care provided in response to the
September 11, 2001 terrorist attacks on the United States,
including overtime costs, equipment and supplies destroyed or
damaged in the attack, $140,000,000, to remain available
until expended: Provided, That the amount provided in this
paragraph is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

Centers for Disease Control and Prevention

disease control, research, and training

For an additional amount for ``Disease Control, Research,
and Training'' for baseline safety screening for the
emergency services personnel and rescue and recovery
personnel who served in response to the September 11, 2001
terrorist attacks on the United States, $12,000,000, to
remain available until expended: Provided, That the amount
provided in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

National Institutes of Health

national institute of environmental health sciences

For an additional amount for ``National Institute of
Environmental Sciences'' to respond to the September 11,
2001, terrorist attacks on the United States, for carrying
out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, $10,450,000, to remain available until
expended: Provided, That the amount provided in this
paragraph is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the
extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.

CHAPTER 3--COMMERCE PROGRAMS

DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

public telecommunications facilities, planning and construction

For an additional amount for emergency grants authorized by
section 392 of the Communications Act of 1934 to respond to
the September 11, 2001 terrorist attacks on the World Trade
Center, $6,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.

CHAPTER 4--COMMUNITY DEVELOPMENT AND FEMA PROGRAMS

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

For an additional amount for ``Community Development
Fund'', to respond to the September 11, 2001 terrorist
attacks on the United States, $900,000,000, to remain
available until expended: Provided, That such funds shall be
subject to the first through sixth provisos in section 434 of
the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2002 : Provided further, That, of the amount provided in this
paragraph, $10,000,000 shall be used for a program to aid the
travel and tourism industry in New York City: Provided
further, That the amount provided in this paragraph is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as

[[Page H8528]]

defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

INDEPENDENT AGENCIES

Federal Emergency Management Agency

disaster relief

For an additional amount for ``Disaster Relief'', to
respond to the September 11, 2001 terrorist attacks on the
United States, $6,560,000,000, to remain available until
expended: Provided, That such amount shall be for recovery
activities and assistance in New York City and the State of
New York, Northern Virginia, and Pennsylvania: Provided
further, That, of the amount provided in this paragraph,
$1,350,000,000 shall be for the Office of World Trade Center
Attack Claims, created in chapter 5 of this division:
Provided further, That, of the amount provided in this
paragraph, the Federal Emergency Management Agency may
provide up to $110,000,000 to the New York City Board of
Education to compensate the Board for the costs of providing
additional classroom instruction and related activities to
students who lost instructional time as a result of the
September 11, 2001 terrorist attack on New York City:
Provided further, That, of the amount provided in this
paragraph, not less than $600,000,000 shall be for public
facilities defined in section 3601 of this division: Provided
further, That the amount provided in this paragraph is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.

CHAPTER 5--WORLD TRADE CENTER ATTACK CLAIMS

short title

Sec. 3501. This chapter may be cited as the ``World Trade
Center Attack Claims Act''.

definitions

Sec. 3502. In this chapter, the following definitions
apply:
(1) Affected area.--The term ``affected area'' means the
area south of Canal Street in the borough of Manhattan, New
York City, New York.
(2) Attack.--The term ``attack'' means the attack on the
World Trade Center in New York City that occurred on
September 11, 2001.
(3) Claim.--The term ``claim'' means a claim by an injured
person under this chapter for payment for injury suffered by
the injured person as a result of the attack.
(4) Claimant.--The term ``claimant'' means an injured
person that submits a claim under section 3504(b).
(5) Director.--The term ``Director'' means--
(A) the Director of the Federal Emergency Management
Agency; or
(B) if an Independent Claims Manager is appointed under
section 3503(d)(4), the Independent Claims Manager.
(6) Injured person.--
(A) In general.--The term ``injured person'' means an
individual, corporation, partnership, company, association,
cooperative, joint venture, limited liability company,
estate, trust, or nonprofit organization that--
(i) suffered injury as a result of the attack; and
(ii) resides or maintains a place of business in the
affected area.
(B) Exclusions.--The term ``injured person'' does not
include--
(i) a lender that holds a mortgage on or security interest
in real or personal property affected by the attack; or
(ii) a person that holds a lien on real or personal
property affected by the attack.
(7) Office.--The term ``Office'' means the Office of World
Trade Center Attack Claims established by section 3503.

office of world trade center attack claims

Sec. 3503. In General.--There is established within the
Federal Emergency Management Agency an office to be known as
the ``Office of World Trade Center Attack Claims''.
(b) Purpose.--The Office shall receive, process, and pay
claims in accordance with section 3504.
(c) Funding.--The Office--
(1) shall be funded from funds made available under this
chapter; and
(2) may reimburse any other Federal agency for provision of
assistance in the receipt and processing of claims.
(d) Personnel.--
(1) In general.--The Office may appoint and fix the
compensation of such temporary personnel as are necessary to
carry out the duties of the Office, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(2) Personnel from other agencies.--On the request of the
Director, the head of any other Federal agency may detail, on
a reimbursable basis, any of the personnel of the agency to
the Federal Emergency Management Agency to assist the Office
in carrying out the duties of the Office under this chapter.
(3) Effect on other fema duties.--The establishment of the
Office shall not diminish the authority of, or funding
available to, the Director to carry out the responsibilities
of the Federal Emergency Management Agency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), including the timely provision of
disaster assistance to any area with respect to which a major
disaster or emergency is declared by the President to exist
during the period in which the Director carries out this
chapter.
(4) Appointment of independent claims manager.--The
Director may appoint an Independent Claims Manager to head
the Office and to assume the duties of the Director under
this chapter.

compensation for victims of the attack

Sec. 3504. (a) In General.--Each injured person may receive
from the United States compensation for injury suffered by
the injured person as a result of the attack, as determined
by the Director in accordance with subsection (d).
(b) Submission of Claims.--Not later than 2 years after the
date on which interim final regulations are promulgated under
subsection (h), an injured person may submit to the Director
a written claim for payment of injury suffered by the injured
person as a result of the attack in accordance with such
requirements as the Director determines to be appropriate.
(c) Investigation of Claims.--The Director shall
investigate, adjust, grant, deny, settle, or compromise any
claim submitted under subsection (b).
(d) Amount of Payment.--
(1) In general.--Any payment on a claim by an injured
person--
(A) shall be limited to the amount necessary to compensate
the injured person for injury described in paragraph (2)
suffered as a result of the attack during the period
beginning on September 11, 2001, and ending on March 11,
2003;
(B) shall be subject to subsection (e)(1)(D);
(C) shall not include--
(i) interest on the amount of the payment before the date
of settlement or payment of a claim; or
(ii) punitive damages or any other form of noncompensatory
damages; and
(D) shall not exceed $500,000, except in the case of a
claim for which the Director determines that a greater amount
is appropriate.
(2) Types of injury.--
(A) Residential loss.--Under paragraph (1), an injured
person may receive payment for a residential loss consisting
of 1 or more of the following:
(i) An uninsured or underinsured property loss.
(ii) Damage to or destruction of physical infrastructure.
(iii) An insurance deductible.
(iv) A temporary living or relocation expense.
(v) Debris removal and other cleanup costs.
(vi) Any other type of related injury that the Director
determines to be appropriate.
(B) Business loss.--Under paragraph (1), an injured person
may receive payment for a business loss consisting of 1 or
more of the following:
(i) An uninsured or underinsured property loss.
(ii) Damage to or destruction of physical infrastructure.
(iii) Damage to or destruction of tangible assets or
inventory.
(iv) A business interruption loss.
(v) Overhead costs.
(vi) Employee wages for work not performed.
(vii) An insurance deductible.
(viii) A temporary relocation expense.
(ix) Debris removal and other cleanup costs.
(x) Any other type of injury that the Director determines
to be appropriate.
(3) Burden of proof.--
(A) In general.--Subject to subparagraph (B), a claimant
shall have the burden of demonstrating injury suffered by the
claimant.
(B) Absence of documents.--If documentary evidence
substantiating injury is not reasonably available, the
Director may pay a claim based on an affidavit or other
documentation executed by the claimant.
(e) Payment of Claims.--
(1) Determination and payment of amount.--
(A) In general.--To the maximum extent practicable, not
later than 180 days after the date on which a claim is
submitted under subsection (b), the Director shall--
(i) determine the amount, if any, to be paid for the claim;
and
(ii) pay the amount.
(B) Priority.--The Director may establish priorities for
processing and paying claims based on--
(i) an assessment of the needs of the claimants; and
(ii) any other criteria that the Director determines to be
appropriate.
(C) Parameters of determination.--In determining and paying
a claim, the Director shall determine only--
(i) whether the claimant is an injured person;
(ii) whether the injuries that are the subject of the claim
resulted from the attack;
(iii) the amount, if any, to be paid under this section;
and
(iv) the person or persons entitled to receive the amount.
(D) Insurance and other benefits.--
(i) In general.--Subject to clause (ii), to prevent
recovery by a claimant in excess of the equivalent of actual
compensatory damages in accordance with subsection (d), the
Director, in determining the amount of, and

[[Page H8529]]

paying, a claim, shall reduce the amount to be paid for the
claim by an amount that is equal to the sum of the payments
or settlements of any kind that were paid, or will be paid,
with respect to the claim, including--

(I) payments on insurance policies; and
(II) benefits under the public assistance program,
individual assistance program, or other program of the
Federal Emergency Management Agency or under a program of any
other Federal, State, or local agency.

(ii) Government loans.--Clause (i) shall not apply to the
receipt by a claimant of any Federal, State, or local
government loan that is required to be repaid by the
claimant.
(2) Advance or partial payments.--At the request of a
claimant, the Director may make 1 or more advance or partial
payments before the final settlement of a claim.
(f) Recovery of Funds Improperly Paid or Misused.--The
United States may recover any portion of a payment on a claim
that was improperly paid to the claimant as a result of--
(1) fraud or misrepresentation on the part of the claimant
or a representative of the claimant;
(2) a material mistake on the part of the United States;
(3) the payment of benefits described in subsection
(e)(1)(D) that were not taken into account in determining the
amount of the payment; or
(4) the failure of the claimant to cooperate in an audit.
(g) Appeals of Decisions.--
(1) Right of appeal.--A claimant may appeal a decision
concerning payment of a claim by filing, not later than 60
days after the date on which the claimant is notified that
the claim of the claimant will or will not be paid, a notice
of appeal--
(A) in the case of a decision on a claim relating to a
business loss, with the Administrator of the Small Business
Administration; and
(B) in the case of a decision on a claim relating to a
residential loss, with the Director.
(2) Period for decision.--A decision concerning an appeal
under paragraph (1) shall be rendered not later than 90 days
after the date on which the notice of appeal is received.
(h) Regulations.--Notwithstanding any other provision of
law, not later than 45 days after the date of enactment of
this Act--
(1) the Director shall promulgate and publish in the
Federal Register interim final regulations for the processing
and payment of claims; and
(2) the Director and the Administrator of the Small
Business Administration shall jointly promulgate and publish
in the Federal Register procedures under which a dispute
concerning payment of a claim may be settled through an
appeals process described in subsection (g).
(i) Public Information.--At the time of publication of
interim final regulations under subsection (h), the Director
shall disseminate, through brochures, pamphlets, radio,
television, the print news media, and such other media as the
Director determines to be likely to reach prospective
claimants, a clear, concise, and easily understandable
explanation, in English, Spanish, and any other language that
the Director determines to be appropriate, of--
(1) the rights conferred under this section; and
(2) the procedural and other requirements of the
regulations promulgated under subsection (h).
(j) Coordination.--In carrying out this section, the
Director shall coordinate with the Administrator of the Small
Business Administration, other Federal agencies, State and
local agencies, and any other individual or entity, as the
Director determines to be necessary--
(1) to ensure the efficient administration of the claims
process; and
(2) to provide for local concerns.
(k) Applicability of Debt Collection Requirements.--
(1) In general.--Section 3716 of title 31, United States
Code, shall not preclude any payment on a claim.
(2) Assignment and exemption from claims of creditors.--
(A) Assignment.--No assignment, release, or commutation of
a payment due or payable under this section shall be valid.
(B) Exemption.--
(i) In general.--A payment under this section shall be
exempt from all claims of creditors and from levy, execution,
attachment, or other remedy for recovery or collection of a
debt.
(ii) Nonwaivable exemption.--The exemption provided by
clause (i) may not be waived.
(3) Exception.--Notwithstanding paragraph (2), the Director
may--
(A) require the repayment, using a payment under this
section, of any disaster loan made by the Small Business
Administration to address injury suffered as a result of the
attack; and
(B) use the remedies provided by subchapter II of chapter
37 of title 31, United States Code, in collecting debts due
to the Federal Government that arise from this chapter.

acceptance of services of other agencies and volunteers; gifts

Sec. 3505. In carrying out this chapter, the Director may--
(1) accept and use the services or facilities of any State
or local government, or of any agency, office, or employee of
any State or local government, with the consent of the
government;
(2) use such voluntary and uncompensated services by
individuals or organizations as may be needed; and
(3) accept gifts of supplies, equipment, and facilities to
be used in carrying out this chapter.

relationship to federal entitlement programs

Sec. 3506. (a) Requests for Benefits.--Nothing in this
chapter affects any right of an injured person that submits a
claim to submit a request for benefits under any Federal
entitlement program.
(b) Consideration of Payments as Resources.--A payment on a
claim received by an injured person under section 3504 shall
not be taken into account in determining the assets or
resources of any individual or household under any Federal
program or federally assisted program that provides financial
aid, assistance, or benefits based on need, including--
(1) the food stamp program under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.); and
(2) any program established under the Social Security Act
(42 U.S.C. 301 et seq.).

reports and audits

Sec. 3507. (a) Reports.--Not later than 1 year after the
date of promulgation of interim final regulations under
section 3504(i) and annually thereafter, the Director shall
submit to Congress a report that describes the claims
submitted under section 3504(b) during the year preceding the
date of submission of the report, including, with respect to
each claim--
(1) the amount claimed;
(2) a brief description of the nature of the claim; and
(3) the status or disposition of the claim, including the
amount of any payment on the claim.
(b) Audits.--The Comptroller General shall--
(1) conduct an annual audit of the payment of all claims
submitted under section 3504(b); and
(2) not later than 120 days after the date on which the
Director submits to Congress the initial report required by
subsection (a) and annually thereafter, submit to Congress a
report on the results of the audit.

authorization of appropriations

Sec. 3508. (a) In General.--There are authorized to be
appropriated to carry out this chapter--
(1) for administration by the Office of the compensation
process $100,000,000; and
(2) for payment of claims $1,900,000,000.
(b) Availability.--Amounts made available under subsection
(a) shall remain available until expended.
(c) FEMA Funds.--None of the funds made available to the
Federal Emergency Management Agency for the administration of
disaster relief shall be used to carry out this chapter.

termination of authority

Sec. 3509. The authority provided by this chapter
terminates effective 42 months after the date of enactment of
this Act.

CHAPTER 6--GENERAL PROVISIONS - THIS TITLE

authority to obtain reimbursement for expenses incurred in restoration
of utility service and trading operations

Sec. 3601. (a) In General.--For purposes of any
appropriations made by Public Law 107-38 or this division--
(1) the term ``public facilities'' as used in such law and
in section 102(8) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(8)) includes
facilities and equipment of public utility companies
regulated by the New York Public Service Commission and the
facilities and equipment of not-for-profit exchanges and
boards of trade regulated by the Securities and Exchange
Commission or the Commodity Futures Trading Commission; and
(2) the term ``repairing public facilities'' in such law
includes replacing and restoring facilities and equipment
lost, damaged, and destroyed.
(b) Applicability.--Subsection (a) shall apply through
September 30, 2003.

Mrs. LOWEY (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from New York?
There was no objection.
Mr. LEWIS of California. Mr. Chairman, I reserve a point of order.
The CHAIRMAN. A point of order is reserved.
Mrs. LOWEY. Mr. Chairman, I introduced this amendment in behalf of
the gentleman from New York (Mr. Sweeney) and myself and other members
of our delegation.
Mr. Chairman, it has been 11 weeks since terrorists attacked America.
We have asked our allies to join us to defend the Free World and
embarked on a dangerous and long-term effort against terrorism
overseas. Here at home, we are growing used to a sense of uncertainty
and tighter security. When we go home, we say hello to our neighbors

[[Page H8530]]

who are very concerned, who ask us all kinds of questions. We thank the
police, we thank the firefighters. And I know when we went home to see
our families, we just hugged them a little tighter, a little closer,
and expressed our forgiveness, our thankfulness, thankfulness that we
were able to be together.
Again and again we hear, it will never be the same. The world has
forever changed.
Mr. Chairman, nowhere is that more true than in New York. Almost
4,000 dead, many of them under 40, with young children. The loss among
firefighters in one day is more than in the last 50 years combined.
Mr. Chairman, 100,000 have lost their jobs. There is a frozen zone
that has swallowed up small businesses by the hundreds. Mr. Chairman,
5,000 people still cannot go home. Do we remember how we rushed home
for Thanksgiving? Just think of what it has been like for the last few
months in New York for too many New Yorkers.
There has been some progress. Yes, FEMA is a full partner in the
recovery. It is going well. About 40 percent of the site has been
cleared. Crews are working 24 hours a day, 7 days a week, even on
Thanksgiving, to recover bodies and clear away the rubble. Some have
said New York is getting all the help it needs, but I say to my
colleagues, Ground Zero is not the only place where we see such
devastation. Widows need health insurance. Laid-off workers who are
just getting by need extended unemployment benefits. Residents need
checks to cover security deposits in temporary homes and to repair
their apartments. Small businesses need grants, not loans, and they
need a simple application process. The FEMA bills will accumulate over
time and the Federal Government will pay as the FEMA bills come due.
Mr. Chairman, I say to my colleagues, people need help, not just
local governments. Families have bills now. Small businesses have loans
due and orders to place now. Residents have to decide whether to
relocate or wait it out now, and the holidays are coming. Imagine how
it feels to be in New York, to be a New Yorker.
Mr. Chairman, there is no tougher, more feisty place than the city of
New York, but our city took a staggering blow for all of America. We
asked for help, and we were promised whatever it took. We worked
together, Republicans and Democrats, to put together an amendment that
would set aside $20 billion that we were promised by the President of
the United States of America. I was in that room, and we were so
appreciative when the President of the United States of America said,
``You got it. You got the $20 billion.'' We thought we got it. And we
designated as a contingency emergency spending which would allow the
President to determine when the money would become available. This
makes sense. It allows Congress and the President to keep their promise
to New York and it gives the President flexibility.
I must tell my colleagues, I have seen some tough fights in my years
in the Congress, but this fight for New York has been one of the more
demoralizing and difficult of my career. For the life of me, I simply
cannot understand why the White House and the Congress cannot come
together to do what is right for New York now. But I want to make one
thing very clear. I will not give up. My colleagues from New York will
not give up. I am convinced that we can come to an agreement. I will
work with the majority, the Senate, the White House until we do.
I truly want to thank the gentleman from New York (Mr. Sweeney) for
cosponsoring this amendment with me. He has been a real leader in this
effort. I want to thank the gentleman from New York (Mr. Walsh) for his
leadership, and I particularly want to thank the gentleman from Florida
(Mr. Young), who really gets it. He understood from the start. He
visited Ground Zero, he saw the tremendous needs. He understood that
the $20 billion would be a floor, not a ceiling.

{time} 1830

I also want to thank our ranking member of the committee, the
gentleman from Wisconsin (Mr. Obey), who also has been supportive of
this effort and understood, as the gentleman from Florida (Chairman
Young) said, we are all New Yorkers at this time.
Mr. Chairman, this is the right thing to do. Please support us in our
fight.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any amendments thereto be limited to 55
minutes, to be divided and controlled as follows: 25 minutes controlled
by the gentlewoman from New York (Mrs. Lowey), who has already had 5,
and 30 to be controlled by myself.
The CHAIRMAN pro tempore (Mr. Simpson). Is there objection to the
request of the gentleman from Florida?
Mr. OBEY. Mr. Chairman, reserving the right to object, I would simply
say that I think that is reasonable. That is in line with the original
intent of the agreement that had been worked out. It just was not
offered soon enough to be offered in a more pure fashion.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The CHAIRMAN pro tempore. Does the gentleman from Florida (Mr. Young)
continue to reserve his point of order?
Mr. YOUNG of Florida. I continue to reserve my point of order.
Mrs. LOWEY. Mr. Chairman, I yield such time as he may consume to the
gentleman from New York (Mr. Sweeney).
Mr. SWEENEY. Mr. Chairman, I rise in support of this amendment, I
want to thank my colleague, the gentlewoman from New York (Mrs. Lowey),
for working with me, along with the gentlewoman from New York (Mrs.
Kelly), and other members of the delegation.
Without being redundant, I would like to recap a little bit of
history and recognize that on September 11, New York stood in the
cross-hairs of an attack on America, an attack by those who would
perpetuate world terrorism, who caused unprecedented loss of life and
property to all New Yorkers.
That is why we offer this amendment today, in recognition of that
loss and that terrible damage. We recognize that New York's problems
have not ended. In fact, in some respects, we run the risk of
exacerbating those problems.
The New York economy is in fiscal crisis in many respects. It went
from a period of surplus prior to the attacks to now a period of
deficits, deficits that have been estimated in the range of something
like $9 billion at the end of next year. New York has lost 150,000-plus
jobs already from this attack.
So what we attempt to do today is to honor a commitment, a commitment
that was made immediately by the President of the United States and the
leadership of this House and of Congress to make sure that whatever New
York needed, it was going to be done, it was going to be taken care of.
We call for the establishment of contingent funds in this amendment,
funds that will not be scored, that will be under the discretion and
control of the administration so they can keep an eye on the broader
issues of spending and the effect of that.
We need to do this because we need to keep a focus. We need to
continue to make clear that our commitments are not just words, but the
real, tangible efforts on the part of the Federal Government to let
those who attacked New York, those who would deem to attack New York,
that they cannot get away with that process.
Mr. Chairman, I trust the President, I trust the Speaker of this
House in their commitment, but I also recognize that assurances are not
insurance.
This is not a partisan battle, although some may come to the floor
and may argue that it is a partisan battle in some respects, that it is
the failure of commitment. I, for one, as one Member, do not believe
that at all, that those commitments are not real. I expect at the end
of the day that the right thing is going to be done. What we have here
is a disagreement over process and procedure.
It is an important distinction, an important point to make, that we
need to establish a mechanism to ensure that there are no delays in New
York's recovery, that there are not any hiccups in the process to go
forward.
Today in New York, people are making decisions about what they are
going to do with jobs, how they are going to go forward with their
business

[[Page H8531]]

interests, whether they are going to live in lower Manhattan or whether
they are going to move elsewhere. They are looking to Congress for
leadership. They are looking for Republicans and Democrats alike to
come together and find that process and build in those assurances.
What we propose today in this amendment, recognizing that it is
subject to a point of order, is to continue that fight forward.
I have, as well, introduced a stand-alone supplemental funding bill
in the Committee on Appropriations as another means, another mechanism,
to reserve space, to reserve New York's place in the appropriations
process to ensure that we do not forget.
Earlier today, as we debated and discussed the rule attendant to this
underlying bill, one of my colleagues stepped forward and said he
viewed this process as one of not a great urgency right now, today,
because New York has not expended the dollars that have already been
appropriated or authorized out, and that New York may indeed not be
able to do that.
I wish I could tell the chairman that I shared in that belief,
because I do not know what is going to happen in February, what is
going to happen in March or in April. What I do know is that we need to
ensure that we do not have those kinds of delays.
My colleague further pointed out that he viewed this process as one
not unlike the use of a credit card. I do not disagree with that
process. That is why we have asked for the establishment of this
contingent fund, to ensure that the money is there to back up the
commitments that are made on behalf of the city and the State of New
York, so when those officials go to get contracts, they can do it with
the assurance and with expedited force to ensure that those jobs get
done.
Some New York officials have said that at this point we do not need
this funding. What I would suggest is they are not looking down the
road at the pratfalls that may overtake an additional supplemental bill
that could come forward to this floor at additional times.
New Yorkers have been through an awful lot, Mr. Chairman. To subject
them to further debate and deliberation over something that has already
been committed I think goes beyond the pale of what we can accept here
in this House, or what we should accept.
With that, I would urge my colleagues to support this amendment. I
would urge my colleagues to move steadfastly on the notion that New
York needs to have those dollars in place so it can begin the full
reconstruction.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I do not think that any of us, unless we were there and
lived there, could understand what the people of New York have gone
through. This was a tragedy that none of us have ever seen before, none
of us have ever witnessed before.
We made a commitment to New York that they would be provided at least
$20 billion. The President made that commitment. The gentleman from
Wisconsin (Mr. Obey) and I were in meetings with our counterparts in
the Senate when that commitment was made, and we reacted to it and said
yes, we will agree to the $20 billion, and we added $20 billion to the
original number of that emergency supplemental.
The whole country owes New York a lot, not only for what happened
there but for the way they responded. The New Yorkers have shown
America what it is like to be Americans in time of trials and
tribulation and trouble. They have responded in an unbelievable way.
The mayor was a strong leader, is a strong leader. The Governor is a
strong leader. I watched in amazement as I saw the firefighters and the
police officers and the civilian people who were involved in the rescue
and recovery. I can say that they made America proud, the way that they
responded.
We are going to keep the commitment that was made to New York. We are
going to provide whatever is necessary, even if it goes above that
commitment.
I would say today, Mr. Chairman, that based on the rules of the House
and the work of the Committee on Appropriations, this amendment is
subject to a point of order; and later in the debate I will raise that
point of order, not that I really want to, but that is the way it is.
That is the way it is going to be.
But I want to say to my friend, the gentleman from New York, all of
my friends from New York, that we will move quickly on a supplemental
request to provide whatever is necessary for New York and for America
to recover.
I have a friend, a family friend, visiting me in the Capitol today.
In fact, if I was not here, I would be having dinner with him tonight.
He was an executive, or he still is, because the company is surviving,
we hope, an executive of one of the largest companies in the World
Trade Center.
The only reason that he is alive today is because the taxi that he
was in, going to work, got caught in a traffic jam. He had just exited
the cab and was on the sidewalk in front of the World Trade Center when
the airplane hit it. Every member of his firm who were in that building
at the time did not survive. Not one that was in that building in that
firm, not one survived.
So I understand, I understand the importance of what we are talking
about here. I want the gentlewoman from New York (Mrs. Lowey) to know
that this commitment that the President made, I am going to keep it.
The President is going to keep it.
As of today with the rule that we adopted, which had a self-executing
amendment dealing with New York, adding an additional $1.5 billion, we
now have committed just a little over $10 billion for New York. With
the additional $10 billion or whatever it is that is necessary, we are
going to move it, because we are all a part of New York based on what
happened in that city on the 11th day of September of 2001.
We are going to maintain that commitment. It may not be totally
today, but it will be committed and it will be maintained, and we are
going to deliver on that promise.
Mr. Chairman, I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just want to thank the chairman for his work. I know
he would rather be arguing on this side of the aisle, Mr. Chairman. It
is unfortunate that he is being put in this very difficult position,
but I want to thank him.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from
New York (Mr. Rangel), dean of our delegation.
Mr. RANGEL. Mr. Chairman, I am a proud Member of Congress today to be
following the eloquence of the chairman of the Committee on
Appropriations. His remarks were stirring and moving, and almost as
wonderful as I felt when this great House went to the steps of the
Capitol and sang together ``God bless America.''
None of us knew how New York would respond to what struck us, but it
was abundantly clear that America had spoken and this Congress had
spoken, and as the gentleman said so eloquently, that we knew that New
Yorkers were going to fight back and our country was going to fight
back and the Congress will be with us.
It is difficult to see why we are here. Why are we in the hall? I
leave here, and I have this time ahead of the ranking member of the
Committee on Appropriations because I am going to a meeting on the
economic stimulus package, where the leadership of this House is asking
for a $200 billion tax cut to be put in the stimulus package.
What are we talking about? What is the $10 billion shortfall causing
us to create an atmosphere where once, and not that long ago, we were
in complete unity? In our delegation there was not a position between
Republicans and Democrats, and outside of that, there was not a
position in this House with Republican and Democrat.
They shuffle around some money to give a handout to New York City, we
thank them, but that money is coming from other congressional
districts, and this evening some of our own Members will be moving to
restore that money back to where originally it was supposed to be in
their congressional district.
Mr. Chairman, I leave this floor, hoping that no district in this
country ever suffers a natural disaster or a terrorist strike or
anything; but I tell the

[[Page H8532]]

Members, I also wish that they never be treated like the people in the
city and State of New York are being treated. We are not even given a
reason why a promise made is not being kept. We have no reason why $10
billion is being taken away, allegedly to support the Department of
Defense.
So I appreciate the song, but I wish we could go home with the money.
Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, the gentleman from Florida, Senator Byrd,
Senator Stevens, and I were in a room negotiating that original $40
billion package after the events of September 11. We had agreed on
about $32 billion, because we had assumed that it was going to cost
about $10 billion to $12 billion in New York.
Then a note was passed into the room telling us that the President
had personally guaranteed the New York delegation that he would
provide, in this bill, $20 billion. Later on that evening, when some
Senators tried to unravel the deal, those of us who were in the room
putting that deal together again remember that at one point they
suggested that we ought to substitute language ``up to $20 billion.''
So I asked Mitch Daniels, the director of OMB, whether the language
``up to $20 billion'' would meet the commitment that the President had
made or whether the language needed to be ``$20 billion,'' period. He
said the commitment was $20 billion, period.
Now we are being told that New York ought to settle for less in this
bill. So I guess I've finally got this figured out. The commitment to
New York is going to be kept, the administration is going to keep its
commitment, but I guess they believe in keeping their commitments on
the installment plan.
That is not the way we do business around here and engender trust. It
is a shame. New York ought to get the full $20 billion. The gentlewoman
is right to offer this amendment.

Announcement by the Chairman pro tempore

The CHAIRMAN pro tempore. The Chair would remind all Members not to
characterize actions or inactions by Members of the Senate or the
Senate.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from New York (Mr. Hinchey), an outstanding member of the
Committee on Appropriations who has been very forceful in his
arguments.

{time} 1845

Mr. HINCHEY. Mr. Chairman, I just want to take a couple of minutes to
remind us about the extent of the devastation and the consequences of
the devastation that occurred in New York.
Currently, there are more than 5,000 people who are displaced from
their homes in Manhattan as a result of the attack; 16 million square
feet of office and hotel space has been destroyed; and 838 major
companies have been dislocated as a result. More than 15,000 small
businesses have been destroyed, dislocated or severely damaged. Over
108,000 people have lost their jobs. And the realistic estimate of
economic damage to the metropolitan region area this year, $83 million.
We are asking for this Congress and the executive branch to fulfill
its commitment to the State and City for the basic minimum that was
agreed to already in public law, for at least $20 billion to begin to
meet the human needs.
Now, we are told do not worry about it. We know that we agreed to $20
billion. You have only gotten half. The rest of it will be coming. But
what happens to the people in the meantime? What happens to the
unemployed? What happens to the widows and the orphans? What happens to
the people who are injured? What happens to the people who have no
health insurance? The answer to that question is virtually nothing will
happen to them.
They will continue to be unemployed. Their unemployment insurance
will run out. They will continue not to have health insurance, and they
will not get the health care that they need. They will continue to be
disabled, and they will not get the attention to deal with those
disabilities.
These are the problems that are confronting the people of the city
and the metropolitan region in the surrounding area. And the money that
was supposed to come to the city, the other $10 billion was supposed to
deal with these human consequences. And the fact is that the human
consequences have gone unanswered, and they will continue to go
unanswered so long as the State and city do not get what they have been
promised by this Congress.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the very
distinguished gentlewoman from New York (Mrs. Kelly).
Mrs. KELLY. Mr. Chairman, I rise in support of this amendment.
The residents of my district and my State have suffered greatly. I am
here today to speak for them. Congress has to do everything it can to
help us rebuild our lives and our communities. The amount of money
contained in the final bill is sufficient for now, but this vote seems
a chance to get more funding for New York faster and send a clear
signal to Congress that New York's needs persist and will continue to
persist.
For many of us who support the measure of the gentlewoman from New
York (Mrs. Lowey) and the gentleman from New York (Mr. Sweeney) it is
not about doubting the promises that have already been made. The
President has shown tremendous compassion for New Yorkers in the
aftermath of September 11. I trust the President. I take him at his
word when he says New York is going to receive the full $20 billion
commitment from the Federal Government.
So while I appreciate the efforts of my colleagues who have worked
very hard to meet the needs of New Yorkers, I believe this amendment
reflects the true magnitude of the State's loss and deserves support.
This is not just about bricks and mortar. It is about the people. It is
not just the heroic police and firemen, the public safety officers, the
real heroes that went in and pulled people out of those buildings and
helped that day. But it is about the extended family around New York,
the people from my district who suffered then and are still suffering.
It is about supporting those people in their loss. It is about
supporting our city that we all, so many of us, work in. It is a very
important amendment to so many of us that I feel it really needs
support.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Serrano), a member of the Committee on Appropriations.
Mr. SERRANO. Mr. Chairman, this is how it started with the
devastation at the World Trade Center. This aerial photograph shows you
what you have already seen and what you know, the damage.
What this photograph does not show you is the ripple effect that it
has had on a community, on a city. Underneath this rubble, there are
people who lost their lives and may never be found. But the ripple
effect is people who lost their jobs, victims who have to be
compensated, rebuilding that has to take place. That this picture does
not show you. That is what this amendment is about.
But this amendment is also about a promise, a promise from a
President to a city, a promise from a President to a Nation, that we
would get what was coming to us in terms of dollars. Now we are being
told to wait until the spring.
As I said many times today and many times in the last few weeks, next
spring the fervor for New York may not be the same. Next spring if you
pit New York against other budget items, New York will not win that
fight. And so we are here today to try to bring help to the victims and
to try to bring help to our city, not by asking for anything we do not
deserve or not by asking for anything that was not promised, by simply
allowing the law to be carried out. Let us be clear on that. It is law
and all we need to do is follow the law. The picture tells you what you
need to know. But what we need to solve is how to deal with the
devastation that was left behind. I urge all of my colleagues to please
join us in this fight in allowing this amendment to be approved and
allowing my city to get back on the road to recovery.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Nadler), in whose district can be found Ground Zero.
Mr. NADLER. Mr. Chairman, the scene of devastation my colleagues just
saw is in my district. Many of the dead and injured were my neighbors
and

[[Page H8533]]

friends. Many of the newly unemployed and the at-risk small businesses
are my constituents.
This bill welshes on a solemn pledge made to the people of New York a
few months ago. It amends the bill passed by the House in September to
cut in half the $20 billion appropriated for New York, Virginia, and
Pennsylvania. Congressional leaders and the President have repeatedly
stressed their intentions to provide more than the $20 billion in aid
to New York, just not now. The funds will come eventually. Be patient,
trust us, they say; but the funds are desperately needed now, not in 6
months.
We need funds now for grants to enable small businesses to survive.
Lower Manhattan could lose 10,000 of its 14,000 small businesses in the
next 6 months. The victims of the attack need unemployment benefits and
health insurance now, not next year.
Small business owners are making decisions now, whether to try to
keep going or to shut their businesses. Large businesses must decide
whether to return to downtown eventually or whether to seek permanent
quarters elsewhere now. Residents are debating now whether or not to
return to Lower Manhattan. They all need to know now whether there is a
commitment on which they can depend, on which they can risk their lives
and livelihoods, to rebuild Lower Manhattan.
How can we expect them to trust a commitment from people who are
today breaking their solemn pledge of only 2 months ago? Who in this
Chamber would bet his or her family's fortune on such a commitment?
Mr. Chairman, the honor of the House is at stake. We must vote for
this amendment. We must not pass this bill in this form so that we can
redeem the honor of the House and not welsh on the commitment that was
made and signed into law only 2 months ago. Despite the efforts of
people like the gentleman from New York (Mr. Sweeney) and the gentleman
from New York (Mr. Walsh), who have done wonderful work here, and the
gentlewoman from New York (Mrs. Lowey) and others and the gentleman
from Florida (Mr. Young), the chairman of the Committee on
Appropriations, the honor of this House is still at stake. I urge the
Members to redeem it today with a proper vote.
Mr. YOUNG of Florida. Mr. Chairman, could I inquire as to the time
remaining?
The CHAIRMAN. The gentleman from Florida (Mr. Young) has 24 minutes
remaining. The gentlewoman from New York (Mrs. Lowey) has 10\1/2\
minutes remaining.
Mr. YOUNG of Florida. Mr. Chairman, I would be happy to grant the
gentlewoman's request to yield her 10 minutes of my time for purposes
of control.
Mrs. LOWEY. Mr. Chairman, I am very appreciative, and I would like to
thank our chairman, our gracious chairman, who is always eloquent and
articulate, and thank him again for his support for New York; and if I
was not afraid I would use up more time, I would tell the group how
very helpful he has been to us, and I thank him very much.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mrs. LOWEY. Mr. Chairman, I am very proud to yield 2\1/2\ minutes to
the gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY of New York. Mr. Chairman, I want to thank the gentleman
from Florida (Mr. Young) for the opportunity to talk about this
amendment, which is still subject to a point of order, and also to
thank the gentleman from New York (Mr. Walsh), the gentleman from New
York (Mr. Reynolds), and especially the gentleman from New York (Mr.
Sweeney), as well as the New York appropriators, the gentlewoman from
New York (Mrs. Lowey) and the gentlemen from New York (Mr. Hinchey and
Mr. Serrano).
It is a shame we will not have the opportunity to vote on the Sweeney
amendment because it would help address New York's tremendous unmet
needs. We need all the Federal aid we were promised, not next year, not
next month, not tomorrow. We need it yesterday. None of the $20 billion
we need is going under a mattress. No one doubts that FEMA will pay to
clear up the site at the World Trade Center.
What is in doubt are the costs that do not neatly fall in the Federal
guidebook for disaster relief; like money for hospitals that canceled
elective surgery so they could treat victims; like costs to utilities
to rewire Lower Manhattan; like many different kinds of costs of
education. We have tremendous unmet needs and unpaid bills.
Here are some of the invoices: $108 million to make up for lost
classroom size; $6.1 million in reimbursement for lost revenues for
food services for children; $13.4 million for reimbursement for
additional school-related expenses including transportation, data
infrastructure, and other critical-support services.
Yesterday, I met a man who tells the whole story. His name is Eddie
Rodriguez. He makes $38 an hour painting bridges, which is difficult
and dangerous work. His son is also a bridge painter. His daughter is a
freshman in college. Because of September 11, Eddie and his son lost
their jobs. Today, the Rodriguez family has no health insurance, and
Eddie had to tell his daughter that her dream of graduating from
college would have to wait because he could not afford to pay for the
tuition.
Soon Eddie and his family will be attending the funeral of his wife's
sister's husband who was killed in the World Trade Center attacks, and
Eddie lost several friends in the crash of Flight 587.
Eddie's story tells a story of the pain of New York. It has been a
terrible year for New York and for Eddie Rodriguez. The American people
understand this and they want Washington to help; and in a month and a
half, without the New York amendment, Eddie and his son will not get
extended unemployment benefits. His household will have no income at
all, and his daughter's college dream will be suspended indefinitely.
So do not go telling me that New York does not need the money. Go
tell Eddie Rodriguez and the thousands of Eddie Rodriguezes in New York
who have lost their jobs because of this disaster.

Preferential Motion Offered By Mr. Ackerman

Mr. ACKERMAN. Mr. Chairman, I offer a preferential motion.
The Clerk read as follows:

Mr. Ackerman moves that the Committee do now rise and
report the bill to the House with the recommendation that the
enacting clause be stricken.

The CHAIRMAN. The gentleman from New York is recognized for 5 minutes
in support of his preferential motion.
Mr. ACKERMAN. Mr. Chairman, not to be concerned, it is not my
intention to follow through on the motion, just that we are tight on
time, and I do not want to impact on any of my other colleagues and we
have got numbers worked out now.
Mr. Chairman, I come from New York, a city wracked with pain,
suffering from an attack of mass destruction against our country and
upon our city. We are an American city which makes it even more painful
for us to fathom why we should have an uphill fight as we plead the
cause of our people to our government.
To those who want to send us away with a penny and a promise, please
remember some things. When California was hit with an earthquake, 84
people died, a national tragedy, 84 people died, and we ponied up $7
billion. Every New Yorker was there. Nobody asked for a receipt. Nobody
said, take part now and come back later.
When Texas was hit with floods, every New Yorker was there, voting
for every penny that was requested then and there. Nobody asked for a
receipt.

{time} 1900

We do this because we believe that we are good neighbors and we are
great Americans.
When Hurricanes George and Andrew hit Alabama, Florida, Louisiana,
and Mississippi, $4.3 billion was spent immediately, and every New
Yorker stood by at the exact moment that it was requested. Hurricane
Hugo, $1.5 billion, hitting North and South Carolina. Every New Yorker
voted for it. The floods in the Midwest, Illinois, Indiana, Kansas,
Minnesota, Montana, Nebraska, South Dakota, North Dakota. Billions of
dollars was spent and not one New Yorker even blinked.
New Yorkers have been there every time there has been a problem
anywhere in the country. Nobody in this

[[Page H8534]]

Congress has ever questioned. And we are so proud that not one New
Yorker in the history of the Republic has ever said no to $1 to any
other place in the Nation that had a disaster. We do not know why we
are treated like this. We never said to anybody else, take half now and
come back later.
Let me tell my colleagues a little bit about who we are. We are the
people that showed the world the courage of Americans. We are the
people who have more dead and unburied in a disaster than have occurred
in all the disasters in the history of the Republic.
Our one town has more people than 42 States. We have more Puerto
Ricans than San Juan. We have more Dominicans than Monte Christi. We
have more Germans than Bonn. We have more Italians than Palermo and
Bologna. We have more gentlemen than Verona, more merchants than
Venice, and more barbers than Seville. And Brooklyn alone has more
people than all of Mongolia. We have more Catholics than Rome. We have
more Muslims than the Holy City of Madina. We have more Irish than Cork
and Limerick and Galway. And, yes, we have more Jews than Jerusalem.
On any day, on any lousy, stinking, single, random day, we have more
heroes than the world could ever have conceived. Do not tell us that we
have made you proud, unless you are willing to help make us well.
We are part of your country. We are not here, hat in hand, looking
for foreign aid. Do not nickel-and-dime us. Do not tell us to go home
to our constituents with half a loaf and to come back later, maybe next
year, if the money is there. We are part of this team. Do not turn us
away.
Mr. Chairman, I ask unanimous consent to withdraw my motion.
The CHAIRMAN. Is there objection to the request of the gentleman from
New York?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I continue to reserve the point
of order and my time, but I am almost sorry that the gentleman withdrew
his motion, because I was going to get that 5 minutes on my side and
offer it to the gentlewoman from New York (Mrs. Lowey).
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2\1/2\ minutes to the
gentleman from New York (Mr. Engel).
Mr. ENGEL. Mr. Chairman, I thank my colleague from Westchester, which
we share, and I thank the chairman and everyone else.
Let us remember that the September 11 attacks were not attacks on New
York, it was an attack on America, and we as Americans need to help New
York City recover its costs directly connected to the World Trade
Center attacks.
I am a little bit bewildered to be here today to even be discussing
this at all, because 2 days after September 11, I was part of a
congressional delegation that met with President Bush at the White
House, and the President unequivocally said to us the $20 billion is
for New York, and the $20 billion is only the start, because $20
billion alone is not enough to repair all the damage that was done to
New York. It was a floor, not a ceiling. And that money, the President
told us, would be there.
Now, I do not understand what the difficulty is. The money has been
appropriated. It is a law. It has been passed. The money should be
there. It should be a pot of money for New York to draw on, not
something for New York to come back next year and ask for more, when
there will be other regions of the country with needs.
And to have to compete with those regions, that is not fair. When there
are earthquakes and fires and floods, we all respond. We certainly need
to respond to terrorism. And if the money is going to be there, why is
it not there now, when this is the law that this Congress passed?
Many, many people need our help. Four thousand people died. Special
consideration needs to be given to hospitals and schools and businesses
and our utilities. Verizon and ConEd, they need special help. They are
precluded from getting money, and it is not fair to have them compete
with everything else. They need to have a special waiver so they can
get the $900 million that they are owed.
Let us look at this amendment. This amendment provides unemployment
insurance extension, emergency employment clearinghouse, workers'
compensation, continuation of health care, COBRA, hospital costs, CDC
safety screening program, NIH environmental assessment, disaster
recovery programs, public television facilities, economic development,
CDBG, FEMA. These are all things that New York needs.
I implore my colleagues: We need the money now. This money was
passed. It is not just a promise, it is a law. New York needs the help.
Please help us now.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from Brooklyn, New York, (Mr. Towns).
Mr. TOWNS. Mr. Chairman, I thank the gentlewoman for yielding me this
time.
Let me begin by first thanking the chairman of the full committee,
the ranking member, of course, and the chairman and ranking member of
the subcommittee. And of course my good friend, the gentleman from New
York (Mr. Walsh), who I think has done a magnificent job. I want to say
that before I make these comments.
Mr. Chairman, this is wrong. New York deserves a whole lot better. We
know there are certain religious groups, certain agencies locally that
are trying to do all that they can do during this crisis, but this
cannot be resolved without the help of the Federal Government.
A $20 billion promise was made and only half of that money is now
being appropriated. The question is: What do we do about the other $10
billion? Well, somebody said, trust us, we will give it to you. Just
trust. And then somebody said, pray and maybe it will happen. I think
New York deserves a lot better than that.
Anytime there has been a crisis anywhere, New Yorkers have been there
on behalf of whoever. That is one thing about us, that we have
demonstrated our generosity down through the years. And to come here
today and have our colleagues say to us, we will give you this and you
just have to trust and wait for later, I think that is the wrong
attitude to take.
We have hospitals that have already spent $140 million in direct
costs, directly related to the World Trade Center disaster, and they
have only gotten back $35 million. These hospitals are now laying off
people because they do not have enough money to continue to function.
And my colleagues are saying do not worry about it, it is all right? I
think that when it comes to our hospitals laying off people, I think we
should be very, very concerned about that, because that is something
that we cannot afford the luxury of.
The other thing that I think we should be very concerned about is
that we have people now with no health insurance as a result of the
sudden action that we are taking. We should move now to keep our
commitment that we made. I think we should do it now.
What has happened to us, let us face it, can happen anyplace,
anywhere, and we all are Americans.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from New York, (Mr. Weiner).
Mr. WEINER. Mr. Chairman, I thank the gentlewoman for her leadership
on this issue. And at the risk of doing harm to them politically, I
want to thank the gentleman from New York (Mr. Sweeney) and the
gentlewoman from New York (Mrs. Kelly) for their great leadership on
this issue.
We passed Public Law 107-38, and it says $20 billion shall be
expended in New York. It does not say anywhere ``eventually,'' it does
not say anywhere ``someday,'' and it does not say anywhere ``when we
get to it.'' It was an allocation of funds for this year. It is the
law. This should not be misunderstood. It was not an optional thing. It
was not ``maybe we will do it.'' It is the law. We made a commitment to
do it; and, frankly, the President of the United States looked us in
the eye and gave us that commitment.
But there is a myth that has been perpetuated here today that, well,
New York has gotten everything that it has asked for. Well, that is
baloney. New York has gotten together, and Governor Pataki has asked,
Mayor Giuliani has asked, Republicans have asked, and Democrats have
asked how to spend that $20 billion; unemployment benefits, extension
of COBRA, Workmen's Comp., extension of tax credits to redevelop lower
Manhattan. We have asked. It is not coming.

[[Page H8535]]

Finally, we have heard on some level the words have been to ``trust
us.'' And, frankly, we do. Chairman Young has been great on this stuff.
And, to be honest, New York has lost a little bit of its swagger. We
have been hit with a couple of body blows. But all we are saying now is
that this is the time. There will be other emergencies, there will be
other urgent needs, and there will be other things this country will
face. If anthrax did not teach us, nothing will.
This is a time when New York needs it. This is a time when New York
has been promised. We trust this House will do the right thing, and the
right thing is to pass the Lowey-Sweeney amendment.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from
New York (Ms. Slaughter)
Ms. SLAUGHTER. Mr. Chairman, today, my colleagues from New York and I
are on this floor fighting to guarantee that this Congress and the
administration fulfill the promise made to us in law.
We find ourselves working against an inexplicably stealth campaign by
the White House to delay, perhaps indefinitely, the needed aid to our
city. In public, the administration officials make statements like,
``An agreement is an agreement is an agreement.'' But in private they
have made it known to the House leadership that the President would
veto any spending bill with New York's funds in it, forcing the
Committee on Appropriations to abandon ongoing bipartisan discussions
to craft such an amendment.
In public, the President vows that New York will receive everything
it was promised; but in private, Vice President Cheney lobbied members
of the majority to vote against the efforts to allocate this aid.
I am at a complete loss as to why the administration would wage this
underground campaign to deny New York the needed funding in its hour of
need. If there is a legitimate and reasonable explanation, we would
like to hear it. To date, however, we can only guess as to the
motivation.
Mr. Chairman, New York holds a special place in our Nation's history
and culture. It was the first capital of the newly formed United
States, the historic gateway for the immigrants who built our country,
and home to the Statute of Liberty. It is a cultural mecca, an
international financial center, and a beacon of opportunity. New York
personifies the spirit of our whole Nation. It is big, bold, modern and
ambitious. And that, Mr. Chairman, is why New York City was attacked.
As many others have said, New York took the blow, but America was the
target. It should be a matter of our national pride not only to help
New York recover but to go above and beyond the call of duty to restore
this city to health. I find it incomprehensible that some seem to be
trying, instead, to do the least amount possible for this devastated
and wounded city.
I urge my colleagues to join me in supporting the Sweeney-Lowey
amendment.
Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I thank the gentlewoman from New York for
yielding me this time.
I want to thank the entire New York delegation. I am proud to work
with all my colleagues these past few weeks after the attack on New
York on September 11, and never more proud than I am right now on this
floor to stand behind the Sweeney-Lowey amendment.
Let me thank my colleagues, the gentleman from New York (Mr. Walsh)
and let me thank the gentleman from Florida (Mr. Young), the chairman,
for their efforts. Let me especially thank the gentlewoman from New
York (Mrs. Kelly), and my good friend the gentleman from New York (Mr.
Sweeney) for standing with us on this amendment.
A great deal has been said about the wound that was inflicted upon
our great city, but sometimes, as someone who was personally affected
by this, I find it easier to talk about it in metaphor.
On September 11, a dagger was struck into the heart of the city of
New York that has left a gaping wound for the last 2 months. That wound
has not healed; has not even been bandaged. It is bleeding. New York
City is still bleeding today and will continue to bleed.
We have the best economic surgeons, the best economic doctors in the
world. They know how to fix it. They know what medication the wound
needs, but they are saying they just cannot get the right dosage.

{time} 1915

Mr. Chairman, that is what we are talking about here. We are asking
for the money that was promised to the city. That is all. Where we find
ourselves now is that we are relegated to glorified begging. We, the
delegation of New York, after having sustained the blow on September
11, after sustaining the loss of the Twin Towers, after having
sustained the loss of thousands of individuals with lives and talents,
everything that goes into making an individual a person, thousands have
been lost.
On top of that, we are told that we are not going to get the full
funding that we were told we would get in the spirit of unity just 2
months ago. We have to go back to our constituents and say, I know we
were told we were going to get that money, we will not get it yet and
we will have to wait 4 or 5 months down the road, and hopefully then we
will be successful and get this money for New York.
I do not know how Members of Congress can vote against this amendment
and go back and the next time there is a disaster in their area and
react to their constituents when they say, Where is the money?
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. Israel).
Mr. ISRAEL. Mr. Chairman, New York's economy is in deep trouble. We
lead dozens of States in economic decline. Jobs are being lost. Small
businesses are going under. Municipal governments are going back into
debt. Fire and police budgets are strained.
I do not represent New York City; I represent Long Island, but my
district sends thousands of commuters into New York City every day, and
our jobs depends on jobs in New York City. Our economies are linked.
This House has just approved a $25 billion retroactive repeal of the
alternative minimum tax for the richest corporations of America. If we
can find the money for Enron and we can find the money for IBM, we
should be able to find the money for people who have lost their jobs
and their health insurance and their unemployment insurance and the
small businesses who are being forced out of business in New York
today. We have done it for others. It is time to do it for New York.
Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Hawaii (Mr. Abercrombie), a former New Yorker.
Mr. ABERCROMBIE. Mr. Chairman, I thank the gentlewoman for yielding
me this time.
Mr. Chairman, just last week I was on this floor lamenting as
intently as I could bring to bear the idea that we were passing a bill
having to do with the Andes and so-called free trade when we were
unable to come to a conclusion with respect to not just unemployment,
but with respect to the human needs in this Nation, throughout this
Nation.
I said at that time why should people from New York have to come to
the floor and beg for the opportunity to have a redress of this
egregious grievance that has been committed against us in the United
States. I have an article here on what was called a bone-sopping rainy
day, hundreds of unemployed people in Waikiki coming hoping they could
get a job working on invasive species in Hawaii, to work with their
hands in the fields to try to work to make our environment better.
We have 31,000 people out of work directly as a result of September
11. What I am asking is cannot the example of the gentleman from
Florida (Mr. Young) and the gentleman from Wisconsin (Mr. Obey) and the
appropriators here be brought to bear when we deal with the other bills
that are coming forward with respect to how we are going to deal with
the economic trauma that has hit the whole country?
Mr. Chairman, perhaps the gentleman from California (Mr. Thomas) at
that time misunderstood my quest that day. I voted against the Democrat
bill and the Republican bill that is supposed to be dealing with
economic

[[Page H8536]]

stimulus. Let us use what the gentleman from New York (Mr. Walsh) has
done and what the gentleman from New York (Mr. Hinchey), the
gentlewoman from New York (Mrs. Lowey) has done, and what the gentleman
from New York (Mr. Serrano) has done. Let us use what the gentleman
from Florida (Chairman Young) has done by way of leadership on the
economic stimulus program and as Republicans and Democrats draw
together on behalf of the entire Nation with New York leading the way,
and this amendment leading the way, showing us what we can do as
Americans to come together and have victory.
Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to close by thanking again the gentleman
from Florida (Mr. Young), the chairman of the full Committee on
Appropriations, who has made it clear over and over again that when the
United States was attacked, we were all Americans, we were all New
Yorkers. The gentleman has expressed to me his concern, his
observations, the pain that he saw when he visited Ground Zero. I feel
confident that we are going to continue this process.
For me it was very gratifying to work in a bipartisan way with my
colleagues, the gentleman from New York (Mr. Sweeney), the gentleman
from New York (Mr. Walsh), the gentleman from New York (Mr. Reynolds),
with all of the appropriators and the New York delegation, to make it
clear to our colleagues that although the United States was attacked,
New York has been suffering extraordinary pain.
As New Yorkers we go home every weekend. We look in the eyes of those
who lost their loved ones, their sisters, husbands, family members.
Life will never be the same for any of us; but for New Yorkers, they
feel that every single day. We were all in the office when the
President made the commitment of $20 billion to New York. I feel
confident that the President of the United States will keep that
commitment. In fact, from the chairman of the Committee on
Appropriations to the ranking member who has been so supportive, the
gentleman from Wisconsin (Mr. Obey), all of the Members have made it
clear that this is a floor, it is not a ceiling.
I hope, Mr. Chairman, that although today it is tremendously
disappointing to all of us that that commitment that is so needed now
so we can rebuild, so we can plan, so we can make sure that New York
regains its former glory, I would hope that in the days, not months
ahead, we can somehow find the vehicle to keep that promise. There are
an awful lot of people in New York who heard that promise, who heard it
again and again who are counting on it, who understand that when the
President of the United States speaks and the Congress of the United
States speaks, that word, that word can be believed by everyone.
Mr. Chairman, let us work together again in a bipartisan way to
ensure that in the days and the weeks ahead we can keep that
commitment. I am sorry that it cannot be done this evening, but I know
that Members' hearts and thoughts are with us every day. Mr. Chairman,
again I thank the entire New York delegation.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from New York
(Mr. Meeks).
Mr. MEEKS of New York. Mr. Chairman, I believe this is a sad state of
affairs. What took place on September 11 was not a New York tragedy; it
was a national tragedy. As a result, we spoke with the President of the
United States, and he pledged $20 billion to the City of New York.
We all know that to repair the damage that took place to the United
States of America that happened to be in the City of New York will cost
far more than $20 billion. But the President pledged $20 billion. We
negotiated and we thought we had agreed that we had at least $20
billion in this appropriation, in this year, that the city could count
on in rebuilding the World Trade Center area.
And then to come back and to only receive $11 billion, not knowing
when the $9 billion will come and having some promise in the future
about when the $9 billion will come will not help restore what needs to
be done in New York City.
We need to make sure now, not just for New York City, but for our
Nation, that we rebuild in that area. We need the $20 billion, not
sometime in the future, but now, as promised. We heard the President
say during the campaign, ``I mean what I say, and I say what I mean.''
We want the President to say what he means and let us have the $20
billion now.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I do not disagree with almost anything I heard this
afternoon. All I will say is that the commitment was made and it will
be kept. The only question is one of timing. I take the President at
his word that at the appropriate time the request will be made for the
additional money for New York, and I will move that supplemental
request just as quickly as I possibly can.

Point of Order

Mr. YOUNG of Florida. Mr. Chairman, at this point, I would make a
point of order against the amendment because it proposes to change
existing law and constitutes legislation in an appropriation bill and
therefore violates clause 2 of rule XXI. The rule states in pertinent
part: ``An amendment to a general appropriations bill shall not be in
order if changing existing law.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985; and as
such constitutes legislation in violation of clause 2 of rule XXI. I
ask for a ruling from the Chair.
The CHAIRMAN. Does the gentlewoman from New York wish to be heard on
the point of order?
Mrs. LOWEY. Mr. Chairman, no, since I have no options available to
me.
The CHAIRMAN. The Chair is prepared to rule on the point of order.
The Chair finds that this amendment includes new emergency
designations under section 251(b)(2)(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985. The amendment, therefore,
constitutes legislation in violation of clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.

Amendment Offered by Mr. LoBiondo

Mr. LoBIONDO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. LoBiondo:
Page 183, after line 18, insert the following:
For an additional amount for such purpose, $60,235,000, to
remain available until expended: Provided, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.

Mr. LoBIONDO (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment.
The CHAIRMAN. A point of order is reserved.
Mr. OBEY. Mr. Chairman, I also reserve a point of order on the
amendment.
The CHAIRMAN. A point of order is reserved.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any amendments thereto be limited to 20
minutes, to be equally divided and controlled by the proponent and
myself.
Mr. OBEY. Mr. Chairman, reserving the right to object, on the
minority side, will we be yielded some time under that arrangement?
Mr. YOUNG of Florida. Mr. Chairman, I would ask unanimous consent
that of my 10 minutes, that 5 minutes be yielded to the gentleman from
Wisconsin (Mr. Obey) for the purpose of control.
Mr. OBEY. Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.

{time} 1930

Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may
consume.
My amendment provides for full funding of the President's
antiterrorism emergency supplemental spending request of $203 million
for the

[[Page H8537]]

Coast Guard to maintain its aggressive response to terrorist threats to
our Nation's ports and waterways.
I want to thank and commend Chairman Young for his very strong
commitment and support to the Coast Guard over the years. Chairman
Young has understood the needs of the Coast Guard, has attempted to
work with us, and I hope that in the future we will be able to continue
that. But the reality, Mr. Chairman, is that since September 11, the
Coast Guard has increased its counterterrorism operations using
existing personnel, vessels and aircraft, augmented by Reserves and
auxiliary personnel. Without immediate additional resources from
Congress, this posture is unsustainable.
For this reason, I am shocked that the supplemental funding bill that
we are considering today cuts nearly one-third of the President's
request. Mr. Chairman, this is not my request. This is not a request of
some other body or entity. This is a request of the President of the
United States. The request for this Coast Guard supplemental funding is
absolutely essential. The failure to include these funds for Coast
Guard operations means that the President must choose between ensuring
a safe counterterrorism posture for our ports and waterways and
providing an adequate level of drug interdiction and other maritime law
enforcement operations. This is an unacceptable choice.
Earlier this year, the House voted 411-3 in support of the
authorization bill that funded the President's request for the fiscal
year 2002 to the tune of $5.4 billion. Mr. Chairman, at that time,
almost every Member of Congress stood up, wanting to voice their
support to vote for the Coast Guard, to make strong statements about
the tremendous job that the Coast Guard has been doing, and we thought
we were finally on a roll with people understanding that the Coast
Guard has been doing an exceptional job.
The President requested $203 million for the increased efforts of the
Coast Guard in this supplemental. The amendment that I will offer would
restore approximately $60 million in funding due to the emergency
status that the Coast Guard has been operating under since September
11.
For the past several years, the Coast Guard has suffered from
significant funding shortfalls. During fiscal years 2000 and 2001, the
Coast Guard was forced to reduce law enforcement operations by up to 30
percent due to insufficient funds. Without the President's request for
supplemental funding, the Coast Guard will be forced to reduce
operations immediately by 15 percent. I do not think that is acceptable
to any of us, Mr. Chairman. To put this in real terms, cutting this
funding would keep a number of cutters, helicopters, aircraft and
patrol boats sitting idle for up to 6 months, unable to safeguard our
ports, unable to save lives, unable to respond adequately to threats to
America.
Mr. Chairman, this means that the very successful program of drug
interdiction that the Coast Guard has embarked upon would be forced to
be set aside so that the Coast Guard could use its scarce assets to
protect our ports. This is not a choice they should be forced to make.
Congress acted to safeguard our airways recently. We listened to the
debate about the economic impact that aviation has on our Nation's GNP.
We must now act to safeguard our ports and waterways. Maritime
industries contribute over $740 billion to the gross domestic product
annually, and we cannot allow the guardian of this economic engine to
go underfunded. We have thousands of containers that come into our
ports. The Coast Guard is required to implement a program that they
have been grossly underfunded to implement. It is time to recognize
that.
I want to commend the Coast Guard for their enormous efforts to
safeguard the American people in the wake of the attacks of September
11. All U.S. ports remain open to commerce with an increased security,
and currently the Coast Guard enforces 110 maritime security zones. I
was honored to again visit Coast Guard Group Air Station Atlantic City
yesterday and to hear their comments about their increased missions.
Mr. Chairman, I looked into the eyes of the young men and women who
have been so motivated, so well trained, so ready for duty, I listened
to how they have stepped forward in this time of need of their Nation,
willing to put themselves in harm's way, no different than men and
women who have traveled to Afghanistan with our Special Forces or
Marines. I listened to how the Coast Guard has been asked to board
ships to check manifests of cargo and crew to match up from foreign
nations; a boarding party that does not know what they are running
into, a boarding party that does not know what they are going to find.
Yet these young men and women are willing to do it time and time again.
How can we look into their eyes and tell them that their efforts are
not recognized by resources necessary to keep up this mission?
I was impressed by their can-do spirit and by their willingness to
serve their country and do whatever is necessary. I am disappointed
that this House is not providing the resources they need. Without
increasing the available resources, the Coast Guard simply will be
unable to protect these vessels and our port facilities, despite the
tremendous efforts of these young Americans.
The Commandant of the Coast Guard, Admiral Loy, said the following
about the budget concerns of the service and I am quoting: ``Post-
September 11, our national interests require that all Coast Guard
resources be operated at their historical level. The President's
supplemental request of $203 million for the Coast Guard reflects the
minimum funding required to meet these national security obligations.''
This is the gentleman that we have entrusted to lead our Coast Guard,
to head our Coast Guard, who has made this statement.
The $203 million in Coast Guard supplemental funding is imperative to
ensure we are adequately protecting our 95,000 miles of waterways and
coastlines. We must take a shared responsibility to assure that our
ports and waterways are protected from terrorism and other security
threats. The Coast Guard is doing their best to preserve our Nation,
and they deserve nothing less than our best to make sure that they can
do their job.
Mr. Chairman, I reserve the balance of my time.
Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, if I understand this correctly, this is what I refer to
as a holy-picture amendment. The administration asked for 200-and-some
million dollars for the Coast Guard. The bill before us cut it by $58
million. I tried earlier today to defeat the rule under which this bill
is being considered so that we could add not just the $60 million that
the gentleman is asking to be added to the Coast Guard's budget, but
$223 million so that we could fully finance the increased pace of Coast
Guard operations to combat terrorism for an entire year rather than the
6 months that is in the bill. I find it interesting that the gentleman
voted against our efforts to in fact make in order the amendment which
the House could under the rules have adopted, and yet is pursuing today
an amendment which is clearly going to be ruled out of order. I find
that effort enough to give inconsistency a bad name.
Mr. Chairman, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Chairman, I continue to reserve the point
of order, and I yield myself such time as I may consume.
Mr. Chairman, I join the gentleman from New Jersey (Mr. LoBiondo) and
the eloquent statement that he made about the valiant efforts of our
men and women in the Coast Guard and the great work that they are doing
and have done and will continue to do.
This bill, as we all know, is to deal with the funding for activities
directly responding to the terrorist attacks of September 11. That is
why in the bill we have included almost $145 million for that purpose.
Included in that figure, $110 million, new dollars, for Reserve
activation, $31 million for increased homeland security capability, and
$3.6 million for chemical, biological and radiological strike teams;
all of those related, of course, to the activities responding to the
terrorist attacks.
However, the administration requested an additional $58 million which
the committee bill does not include because, in discussions with the
Coast Guard, the majority of these dollars were not for the purpose of
responding

[[Page H8538]]

to the terrorist attacks, but to restore moneys which the Coast Guard
deleted itself from its fiscal year 2002 budget request, the regular
expenses of the Coast Guard. Those moneys we can deal with in the
regular appropriations bill or a supplemental if it should be necessary
at a later time. But this bill funds the Coast Guard for the activities
related to September 11, like the other provisions of this bill. It
does not deal with the regular operating funds for fiscal year 2002.
That bill will be on the floor momentarily, this week I hope, which
will include funds for the Coast Guard for fiscal year 2002. I believe
that the gentleman from New Jersey will be pleased with that bill. I
hope he is.
We cannot find all the money that I would like to find for the Coast
Guard, but in this bill I have to say that we have done, I think, well
by the Coast Guard dealing with the aftermath of September 11. We can
deal with the fiscal year 2002 moneys in another bill, hopefully this
week.
So I reluctantly rise to oppose the gentleman's amendment. It is well
intentioned and well meant. I commend the gentleman for his enthusiasm
for the Coast Guard and the mission that it has been assigned by us to
do and which they are carrying out with great success.
We salute the men and women of the Coast Guard. We thank them for the
tremendous service they are giving our Nation. We want to see that they
have the adequate funding that they desperately need. We will do that
in the appropriate bills coming before the House in the appropriate
order, rather than fund fiscal year 2002 needs in this emergency
supplemental bill dealing with the aftermath of September 11.
Mr. Chairman, I reserve the balance of my time.
Mr. LoBIONDO. Mr. Chairman, I yield 1 minute to the gentleman from
Indiana (Mr. Souder).
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, I appreciate the difficulty that the
subcommittee chair and the full committee chair have with the moneys; I
know these things are very difficult to balance, but it is clear we
have an emergency in the Coast Guard. We have had to divert the Coast
Guard to antiterrorism protection in New York Harbor, Boston Harbor, in
Puget Sound, in the Great Lakes. We have pulled them off of their other
resources in order to guard the nuclear power plants and other chemical
facilities on the water.
What it has done is it has pulled many of them out of the Caribbean
where they were in the forefront of our antidrug effort, temporarily.
They are moving back and forth. We have a shortage. We cannot do both
things. Similarly on the California coast and in the Pacific, we have
fisheries questions, we have safety questions, we have increasing
immigration, water interception things coming through the Pacific
Ocean. It is clear that we have an emergency as well.
I encourage you strongly as we move towards the supplemental to
address this. I understand that your budget is extremely tight, there
is general sympathy for the difficulty, but we have to have more for
the Coast Guard, our most neglected service, because they are being
asked to do double and triple and quadruple duty.
The events of September 11, 2001 have changed this Nation forever. So
many people were affected, so many agencies and people have had to make
sacrifices, and work so hard, to meet the national security needs of
America these past 3 months, and they continue to do so. The Coast
Guard is one of the foremost of these agencies, and the men and women
who serve are some of those people, they have doubled and redoubled
their efforts to tackle their normal multi-mission responsibilities,
along with the massive increase in Homeland Security requirements that
were placed on their shoulders as a result of this national crisis. In
fact, the Coast Guard took on the responsibility of sweeping the
Capitol and our office buildings in response to the Anthrax threat.
As a multi-mission, maritime, and military service, the Coast Guard
is a leader in America's maritime security. They array their ships,
planes, and people against multiple National Security threats including
drug smuggling, alien migration, protection of fish our fish stocks,
and of course terrorism.
Along with these law enforcement missions, they tackle their other
traditional missions, of Search and Rescue, Maritime Safety,
Recreational Boating Safety, Aids to Navigation, to name a few.
Their motto, Semper Paratus, Always Ready, has been put to the test
many, many times, and without fail, they have come through, it's now
our turn to come through for them through adequate funding.
They have worked around the clock since 11 September, increasing
their presence to protect ports and maritime transportation
infrastructure, boarding commercial vessels at sea, instituting a
successful Sea Marshal program at many of their ports, escorting our
Navy Ships entering and departing ports, and enforcing Security Zones
in protection of critical infrastructure points along our shores.
There was a dramatic mission shift for the Coast Guard come 11
September, once again they proved to be very felxible, very can-do,
these are their greatest strengths. They have met the current crisis,
they continue to increase their effectiveness, they continue to say Aye
Aye, but it has not come without a cost.
The cost has been that their people, their equipment, have been
pressed -071o their limit. The increase in their operational tempo,
regardless of the mission emphasis, has drained their crews depleted
their surge capacity. Some air stations and many of their other field
commands are beginning to express concern about their Search and Rescue
posture based on crew fatigue, lack of resource maintenance, and lost
training opportunities in certain mission areas. Sustainability of
their current operational pace is a growing service concern.
The cost has also been their presence, or lack thereof, in other law
enforcement mission areas due to their limited resourcing. Shifts in
protecting ports and maritime transportation infrastructure yielded
activity levels near zero in fisheries enforcement and Alien Migration
Interdiction Operations. The Coast Guard is the designated lead agency
for maritime drug interdiction and shares lead agency responsibility
for air interdiction with the Customs Service, but is now down to less
than half of the previous level of activity.
This can not and should not continue. Declines in these mission areas
are not in the long term national interest especially drug
interdiction. Increased profits for illegal drug smuggling is channeled
into the coffers of terrorist organizations thereby giving them
additional resources to mount further strikes against our homeland.
The Coast Guard has broad enforcement and regulatory civil
authorities, military capabilities, and a coastal and offshore presence
to bring to bear against Homeland Security requirements, they will
protect our Nation's largest, and perhaps most vulnerable border a
95,000 mile coastline with hundreds of ports. But they are a multi-
mission service which can not possibly meet these new homeland security
requirements as well as other mission requirements without significant
increases in both people, assets and overall funding.

Comparing the new security environment and the new demands it places
on the Coast Guard, the Coast Guard mission requirements in other
mission areas and the services current capability there are major gaps
we need to assist * * * we need to do our best to help fill those gaps.
In the House mark-up of the Emergency Supplemental appropriation, the
Coast Guard's figure has been cut from $203M to $145M a $58M cut that
will directly take away from the Coast Guard's ability to handle sorely
needed depot level maintenance, much of the maintenance that was
deferred as a result of the current crisis as well, this cut will not
allow Coast Guard operational assets their cutters, small boats, and
aircraft, to operate at their optimum levels. Now is not the time to be
cutting the Coast Guard. We need them to be operating at their absolute
maximum level in order for them to have any chance of meeting America's
present and future needs.
The Coast Guard has been Semper Paratus for America, day in and day
out. In their time of need let's do our part to be Semper Paratus,
Always Ready for them.
Coast Guard's capability has been reduced due to chronic maintenance
funding shortfalls; 15 percent operational reduction proposed in the FY
2002 President's budget limits the Coast Guard's ability to operate at
the levels necessary for the national interest; Cutters, boats, and
aircraft are thoroughly involved in the Coast Guard's port safety and
security missions and are a key component of the service's Homeland
Security mission; The Coast Guard cannot take on the increased Homeland
Security demands without first ensuring their assets are properly
supported and maintained; and Overall operational level must be
increased to ensure that the service can continue other missions
critical to national security such as marine safety, alien migrant
interdiction, living resources enforcement, and counter-drug
operations, while maintaining a robust Homeland Security force.
Mr. LoBIONDO. Mr. Chairman, I yield 1 minute to the gentleman from
Connecticut (Mr. Simmons).

[[Page H8539]]

Mr. SIMMONS. Mr. Chairman, I rise in support of the amendment and I
rise in support of any effort to increase dollars to the Coast Guard.
As the vice chairman of the Subcommittee on Coast Guard and Maritime
Transportation, I have worked very closely with the gentleman from New
Jersey, and I am intimately aware of the difficulties that the Coast
Guard is facing under its current fiscal constraints. I also host the
Coast Guard Academy in my district and have for many years been
involved in those issues.
Now more than ever, we need resources to defend our 95,000 miles of
shoreline and our hundreds of ports. Also, for those of us who have
nuclear power plants in our districts, along rivers and on the coastal
waters, defense of those littoral shores is critically important, and
that even as we speak and even as we have deployed over 30 percent of
the Coast Guard Reserves, we cannot provide adequate security along
those shorelines for those facilities.

{time} 1945

So as I understand the conversations of the distinguished chairman,
we are going to be addressing these issues in the future. I certainly
hope so.
Mr. LoBIONDO. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I would like to thank the gentleman from Kentucky (Mr.
Rogers) for his comments and his willingness to recognize that the
Coast Guard desperately needs additional funding, if I heard the
gentleman correctly. I would also like to apologize for any breach in
communications that we obviously have experienced in the translation of
the Coast Guard's needs to what the gentleman from Kentucky (Mr.
Rogers) has understood them to be, and I express my willingness on
behalf of our committee to work with the gentleman to try to eliminate
those kinds of communication gaps in the future.
I think we have all been able to come together, and this has been
productive, in acknowledging that the Coast Guard is doing a tremendous
job, and they do desperately need additional supplemental funds to keep
going.
So, with that, Mr. Chairman, I once again thank the gentleman from
Kentucky (Mr. Rogers) for his acknowledgment of the situation.
Mr. BARCIA. Mr. Chairman, I rise today in support of the LoBiondo
amendment to restore critical Coast Guard funds which are stripped by
this bill.
It's no secret that there is a significant difference between what
the Coast Guard needs to run its day-to-day operations and to make
needed acquisitions and what they have received recently through the
budget process.
Earlier this year, the Administration put forth a budget that
included a 15 percent reduction in Coast Guard Operations, but that was
before September 11--before the Coast Guard shined in its role
responding to the attacks of that day, even though it was already
stretched so thin.
The demands placed on the Coast Guard since September 11 forced the
Administration to reconsider and agree to include $203 million in the
its emergency supplemental request for the Coast Guard.
But the bill currently before the House cuts that number by $60
million. Without the full $203 million, the Coast Guard will literally
not be able to meet its national security obligations.
Can we really afford to have drastic operational cuts in an
organization that is such an integral part of our national defense and
plays such a critical role in our maritime safety, security, and
mobility? As we all know, the answer is a resounding ``no.''
With more than 600 miles of coastline in my District in Michigan, the
Coast Guard's numerous missions-- from ice-breaking to search and
rescue, from drug interdiction to marine environmental science--are
critical to the health and safety of my constituents.
More than that, the Coast Guard is critical to our nation's defense--
our homeland security. The cuts included in this bill are
unconscionable because they are unsafe.
Thanks to the impressive leadership on the Coast Guard Subcommittee
and within the Coast Guard Caucus, I am hopeful that this problem will
be rectified and the Coast Guard will be able to continue to provide
the nation with the high level of services we have come to know and
rely on so heavily.
I urge all of my colleagues to support the LoBiondo amendment.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
New Jersey?
Mr. OBEY. Mr. Chairman, reserving the right to object, I would simply
note that the gentleman earlier today voted in such a way that made not
only my amendment not in order, but it also made the very amendment
that he is offering tonight not in order.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Hearing no objection, the amendment is withdrawn.
There was no objection.
Mr. WATT of North Carolina. Mr. Chairman, I move to strike the last
word.
(Mr. WATT of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. WATT of North Carolina. Mr. Chairman, today, as I rise in support
of the Defense Appropriations bill, I want to draw my colleagues'
attention to the strong cooperation and support the United States has
received from the Republic of Kazakhstan.

Kazakhstan is a former Soviet state celebrating their 10th
anniversary of independence from the Soviet Union on December 16 of
this year.
Today's Defense Appropriations bill provides $403,000,000 to assist
the republics of the former Soviet Union in the elemination and the
safe and secure transportation and storage of nuclear, chemical and
other weapons. Unfortunately, this level of funding is totally
insufficient and is, in fact, much less than the President requested
for this important purpose. It also helps fund programs to prevent the
proliferation of weapons, weapons components and weapon-related
technology and expertise. This money would aid Kazakhstan, which
borders Russia and is located near Afghanistan. Kazakhstan is a
strategic friend and business partner of the United States.
On September 15, 2001, following the September 11 attacks on the
United States, President Nursultan Nazarbayev of Kazakhstan said:
In these tragic days for America, the people of Kazakhstan are
grieving together with the American people about the death of thousands
of innocent people.
I am closely following the situation as it unfolds. We stand on the
position that the terrorists must be punished, as well as those
harboring the terrorists.
The United States and its Security Council have condemned the
barbarian act of terrorism and called upon the world community to take
resolute actions.
Therefore, Kazakhstan is ready to support the measures undertaken by
the United States to fight against terrorism, with all the means
available.
Kazakhstan has always been standing against terrorism and is ready to
participate in creation of a real international coalition of countries
to fight against the international terrorism.
We proceed from the assumption that retaliation should not only be
effective, but also should be just. This requires that the state should
act with great deal of responsibility. And we rely upon the wisdom of
the American leadership. We were pleased to learn that the United
States wants to know for sure who has perpetrated these barbaric acts
and helped the terrorists before taking actions.
Today I sent a letter to U.S. President George Bush. I expressed
Kazakhstan's support for the U.S. actions aimed at fighting against the
international terrorism, the global evil that has developed metastases
across the entire world.
We hope the American people will be able to quickly cope with the
heaviest psychological blow and remain committed to their great
historical values.

Amendment Offered by Mr. George Miller of California

Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. George Miller of California:
At the end of the bill, add the following:

DIVISION C--ADDITIONAL GENERAL PROVISIONS

Sec. ____. None of the funds made available under the
heading ``Community Development Fund'' in chapter 14 of
division B may be used to carry out the first proviso, or any
activity (except community development that provides public
services for employment and health as described in section
105 of the Housing and Community Development Act of 1974 (42
U.S.C. 5305) that are wage supplements and health insurance
assistance to unemployed workers), under such heading.

Mr. GEORGE MILLER of California (during the reading). Mr. Chairman, I
ask unanimous consent that the amendment be considered as read and
printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any

[[Page H8540]]

amendments thereto be limited to 60 minutes, to be equally divided and
controlled by the proponent and an opponent.
Mr. GEORGE MILLER of California. Mr. Chairman, reserving the right to
object, I have a lot of people who said they want to speak. Could I ask
that we do that after we have our opening statements. I think I will
only take 3 or 4 minutes.
Mr. ROGERS of Kentucky. Mr. Chairman, I think the agreement was for
60 minutes.
Mr. GEORGE MILLER of California. I understand that; 30 minutes a
side, as I understand it. I would like to make my opening remarks, and
then have the time limit take effect. If the gentleman wants to do the
same on his side, we would have maybe 70 minutes. It may not be that
long. I do not know if Members will come to the floor or not who said
they want to speak.
Mr. ROGERS of Kentucky. My understanding was the agreement was 60
minutes total.
Mr. GEORGE MILLER of California. I am asking if the gentleman would
amend that to let the opening statements be made by myself and by the
gentleman and then have the 60 minutes.
Mr. ROGERS of Kentucky. Will the gentleman take approximately 5
minutes?
Mr. GEORGE MILLER of California. I think so.
Mr. ROGERS of Kentucky. I would be willing to amend the unanimous
consent request so that after the gentleman has a 5-minute opening
statement, then the 60-minute clock would start to run.
Mr. GEORGE MILLER of California. Mr. Chairman, I withdraw my
reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Kentucky?
There was no objection.
The CHAIRMAN. The gentleman from California (Mr. George Miller) is
recognized for 5 minutes.
Mr. GEORGE MILLER of California. Mr. Chairman, I thank the gentleman
for his agreement on the time, and I appreciate the additional time.
Mr. Chairman, this is a very difficult amendment to offer, but it is
a very essential amendment to offer for a number of reasons. First and
foremost, those of us who represent States and localities that have
suffered dramatic increases in unemployment, both before and since
September 11, with people who are unemployed and were hoping to get a
job, who had their chances of a job being secured greatly diminished
because of the September 11 attacks, and those who were immediately
unemployed after September 11, we have an obligation to those people to
make sure that money will be available to help with extended
unemployment benefits, unemployment benefits, COBRA benefits or health
care supplements; and that is what this amendment does.
What this amendment does is essentially try and reverse what the
amendment of the gentleman from New York (Mr. Walsh) did that was made
in order as part of the rule which gathered up unemployment funds from
all across the country and then said we are going to give these to New
York to use for whatever purposes they seek to do that through the
Community Development Block Grant.
This is also a very important amendment, because I think it helps to
make a point, and that is that what happened in New York, what happened
to the people of New York, to the State of New York, what happened in
Virginia, what happened in Pennsylvania, was completely unanticipated,
unknown by anybody and an emergency; and when the New York delegation
from the Senate and the House asked for $20 billion, the President
looked them in the eye and said, you have got it.
Now we find out he said, you got it, sort of; and today we find out
he said, you got it, but you got to go take it from all the unemployed
people in the rest of the country.
That is not what America expects us to do in response to the tragedy
of New York. They expect us to deal with New York and to deal with the
needs of this country. As they see more of their friends and neighbors
becoming unemployed, they expect us to help those individuals, not
steal their unemployment in the middle of the night and give it to New
York.
We want to help New York. We have all voted to help New York, and we
are going to continue to vote to help New York. But what has happened
with this amendment has put New York in a terrible position, because
our friends and colleagues from New York who are desperately in need
now finally have to look us in the face and say we have no alternative.
We did not do this amendment. They took this money from you. They made
this in order. This was not a matter of debate. They came around and
picked it up.

Now, let us understand what this amendment does. This amendment
completely ignores what the Secretary of Labor told our committee when
she came before our committee. Every issue that we asked her about, the
unemployment crisis in this country, the decline in the economy,
September 11, her answer was we have a block grant that we are going to
give to the Governors, and the Governors can take care of health care,
take care of unemployment. They can extend benefits. They can do
everything.
Now we find out that $1.8 billion has been taken out of that block
grant. So if you are in California, where parts of our economy have
been devastated because of the lack of travel, San Francisco, Los
Angeles, Disneyland, Orange County, we lose $220 million. If you are
from North Carolina, where people have been unemployed because of the
problems with U.S. Air, the hospitality interests on the Outer Banks,
they lose $54 million. The State of Washington, where the Boeing
employees were hit immediately, were unemployed, what do we do in the
State of Washington? They lose $53 million. Hawaii, where almost
instantaneously people were laid off because people stopped flying to
Hawaii, people looking for jobs, low-wage jobs, people without a
cushion, what did we do to Hawaii? We take 20 million of their dollars.
It is simply not fair, and it is not right. It is not fair to New
York to put the citizens of New York, the Representatives of New York
and the victims of New York in this position, where they have to
suggest that the only way they can be taken care of is to harm somebody
else.
These are people who have lost their jobs and continue to lose their
jobs. The number of people who are running out of unemployment grew
more than 60 percent in the third quarter over third quarter from year
2000 to this year. In Michigan it is up 88 percent; Indiana, 91
percent; North Carolina, 94 percent; Tennessee, 68 percent; Colorado,
65 percent.
So, as people who are going on unemployment at record rates, the
demise in the economy, and people who are on unemployment but losing
their benefits at record rates, the answer in this legislation is to
take away the money that the Governors could use to try to help them
pay for the health insurance, to extend their unemployment benefits, to
provide them unemployment benefits if they do not qualify.
That is the challenge of the Walsh amendment. That is the unfairness
of the Walsh amendment. That is the unfairness of this bill, that we
would take one group of Americans who may be in the process of losing
their children's education, losing their car, losing their home, and we
would say to them, rather than take care of you too, we are going to
take what you desperately need, you desperately need for your family,
and we are going to move that over to New York.
Then to New York we say we are helping you, but we had to take it
from millions of other Americans who are in desperate trouble; in many
instances, Americans that are as in trouble, that lost their economic
livelihood. Within days of this vicious attack on the World Trade
Center, on the Pentagon, within days they became unemployed, because
people realized that people were not going to get back on the
airplanes.
So what do we do with these people that were working at the airports,
working at the hotels, working in the restaurant industry? We told them
a couple of months ago, the Secretary of Labor said we are going to
give the money necessary; the Governors are going to have it. But now
what has happened in this bill with the acceptance of the Walsh
amendment is we have gone out and gathered all of that money up.

[[Page H8541]]

We cannot let that be the legacy of this Congress. We cannot help the
victims of New York by creating victims in California, by creating
victims in Hawaii, by creating victims in Wisconsin, by creating
victims in Minnesota, where hundreds of thousands of people are now
unemployed there because of the layoffs, with the layoffs of Northwest
Airlines, the decline and cutbacks in the routes, with people in
Minneapolis-St. Paul who do not have jobs. Do we really think that we
can transfer their misery to New York and make New York whole? Of
course we cannot. Of course we cannot.
That is why the President, in the heat of the moment, in the emotion
of the moment, when the New York Senators, Senator Schumer and Senator
Clinton, asked him for the $20 billion in front of everybody in the
Cabinet Room, said, you got it. Because he knew this was an
extraordinary event in the history of this country; that there was the
only way we could deal with it, and that was to take care of this
problem.
Did the President really mean you got it, but you got to get it from
somebody who has been unemployed because of the same tragedy? You have
got to get it from somebody who has lost their health care coverage
because of the same tragedy? I do not think so. I do not think he meant
to take $141 million from the State of Florida that would go to cover
their health care, go to extend their unemployment benefits, a State
that has been devastated, again, because of its reliance on tourism and
hospitality. I do not think that is what the President meant. But that
is the policy that is being carried out here.
I would urge my colleagues to vote for this amendment. The money, the
money for New York has been appropriated. It is available. It simply
has been impounded. It has been impounded by this President and this
administration until such time. And the answer to that impoundment is
not to make the life of the unemployed more miserable to help New York;
it is to take care of New York, and to take care of the unemployed and
those without health insurance because they are unemployed in this
country.
Mr. Chairman, I reserve the balance of my time.
Mr. WALSH. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN. The gentleman from New York is recognized for 30
minutes.
Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I thank Members for this important debate about the
future of our State and the great City of New York.
The amendment that is being debated today, right now, that the
gentleman from California has offered, would take approximately $1.8
billion of the funds that were reallocated in an agreement we reached
with the White House, take almost $2 billion out of the Community
Development Block Grant program, away from New York, and spread it
around to the rest of the country.
It does not re-create the national emergency grants that the
administration initially provided. This keeps it within the Community
Development Block Grant program, but it also takes away the waivers
that we had provided for New York so that those waivers would not be
available either in New York or the rest of the country.
Why is that important? Well, I think it is pretty obvious to all of
us that we have a two-front war going on right now, Afghanistan and the
United States.

{time} 2000

In Afghanistan we have been seeing all the battlegrounds as the
battle has progressed. In the United States, we all know what the
battleground was; it was New York City and the Pentagon. The Pentagon
is being rebuilt. We are working on a defense appropriations bill today
that provides over $300 billion in the defense budget, and there are
further funds within the supplemental to fight the war and to rebuild
the Pentagon and to conduct our military action.
New York City took a direct hit on September 11. Not only was the
World Trade Center destroyed and thousands of people died, but hundreds
of thousands of people have been affected in that immediate area. I
talked with people in the last number of weeks who still do not have
telephone service, who cannot get to their apartments or their
businesses by public transportation. There is no one else in the
country in that situation right now.
What we did was we tried to attach funds that would otherwise have
gone to the rest of the country in anticipation of serious unemployment
dislocation. The stimulus package that is being discussed in the House
and in the Senate deals directly with unemployment issues. We tried to
add to this appropriations bill unemployment insurance benefits and
COBRA benefits to provide for health care for those workers who were
dislocated and lost their health care. It belongs in the stimulus
package. That is where the debate has centered, and both the House and
the Senate deal with that, with those issues, in the stimulus package.
Indeed, these national emergency grants were authorized by that
stimulus package bill. So the $1.5 billion or the total amount of
funds, the $3 billion, is unauthorized.
When we designated, redesignated these funds as community development
block grant funds, we also redesignated about a half billion dollars in
FEMA funds to provide New York City with $2.5 billion in community
development block grant funds. Those funds are the most flexible, the
most readily available, and most important dollars that we could send
to New York City at this time. Why? Because of the thousands of people
who live in those neighborhoods and the thousands of businesses that
conduct their business and employ people and put bread on the table,
there is no other way to affect those decisions that are being made
that the Federal Government can do right now.
I think most people understand that CDBG funds are flexible; they can
be applied to individual situations, for businesses, for residences;
those funds can be used to build public infrastructure, to approve
parks, to provide curbs and streets that were destroyed, to build water
systems, public utilities. That is why we went after those funds. We
have heard today, clearly, that New York City did not get all the funds
that were promised and have not received all the funds that were
promised. We had to take, I think, dramatic action to show the
administration that these funds were needed and they were needed right
now, and they agreed to this. And I think the administration was
reticent about this, but they acceded to our desires.
The key to this whole thing is putting New York City back together
again as quickly as possible. There is no better way to do it than to
utilize these funds, these community development block grant funds. If
the Congress supports what the gentleman from California wants to do,
which basically plays the entire country against New York, it will hurt
New York very deeply for a second time. Because right now, people are
beginning to understand what this action that we have taken
accomplishes: that those businesses who want to stay in New York but
need incentives, they need to help put their storefronts back together
again, they need to get their communications systems redesigned; they
need to buy new communications systems and new point-of-sale equipment
for their stores; they need to help their employees to get back on
their feet.
Quite frankly, I say to my colleagues, this is about putting a
neighborhood back together. No American could or should or would want
to deny the people of New York, of lower Manhattan, of the
neighborhoods of Chinatown and Soho and Chelsea and Battery Park, and
that magnificent area which was really one of the real centers of the
beginning of this country; that is where the island of Manhattan was
first settled. We are trying to put that neighborhood back together. We
have taken dramatic action to try to do that.
I promise that if this amendment is defeated, and I hope that it will
be and I believe that it will be, that I will work with my colleagues
on both sides of the aisle, as I have thus far, to make sure that any
workers who have been displaced or suffered a loss of a job because of
that attack on September 11 will have the full force and strength of
the Federal Government behind them in making sure that their
unemployment insurance benefits, their health care benefits, their
retraining, is supported by the Federal Government.

[[Page H8542]]

Mr. Chairman, there is one aspect of this that the gentleman has not
mentioned. There is $175 million of funds in here that would go towards
reflushing the Workers' Compensation Fund. Why is that important?
Because hundreds and hundreds of workers have been injured, were
injured in the attack and have been injured in the subsequent rubble
removal and in the search and rescue processes that took place. This is
a dangerous place. There are still toxins in the area from that attack.
Those funds, the workers' compensation funds and another $30 million or
$40 million for worker retraining to help those workers dramatically
and directly affected in New York, in no place have they been affected
as they were in New York, to give those people a chance to learn a new
job.
So I say to my colleagues, I would implore them, please, please do
not accept this amendment. Please reject it. New York has suffered
enough. This gives us an opportunity to help, to show the people of
lower Manhattan and the rest of that magnificent island the concern
that the country has for them. Do not play America against New York. I
think America is squarely behind New York. This is a divide-and-conquer
strategy that the gentleman from California has offered. I strongly
urge that we reject it. Stick with the bill as it stands. Let the bill
go forward and let us try to work for the rest of the country's benefit
as we go forward.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 30
seconds just to say when the gentleman says that we are taking the
money back that he took to New York out of all of the other
unemployment funds and he says we did not do it in a technical way with
the waivers, it is a little bit like a person who robbed my wallet and
then when I took it back, he says I put it in the wrong pocket. No, it
is my wallet. And these benefits go to the unemployed. This is not
about divide and conquer. This is about this country meeting its
obligation to New York and to unemployed Americans, and we can do both.
Mr. Chairman, I yield 4 minutes to the gentleman from Washington (Mr.
McDermott).
Mr. McDERMOTT. Mr. Chairman, I thank the gentleman for the time.
I hope the gentleman from New York will understand, but we do not
accept his promise. The President promised $20 billion. The Speaker
stood right over there and said that when we did the airline bailout
bill, we would take care of the workers.
Now, there are 8 million people in this country unemployed. There are
137,000 in the transportation industry. What have we done for them?
Nothing. There are 136,000 in the hospitality industry, nothing; 57,000
in communications, 226,000 in manufacturing, 14,000 in retail, 44,000
in the service industry, 30,000 Boeing employees are being laid off,
and we cannot get any more out of this House than $12 billion out of
$150 billion stimulus package out of the Committee on Ways and Means,
not directed to any new money. We sent it over to the Senate and that
stimulus bill is on life support. We have done nothing for workers in
this country.
Now, are we in trouble? The overall jobless rate jumped from 4.9 to
5.4 percent in October, in one month. Washington State went from 5.1
percent to 6.1 percent. That is a 20 percent jump in 30 days. New York,
Illinois, West Virginia, Texas, do not even have money in their
unemployment funds to pay 6 months' worth of benefits, and we have 19
more States that do not have enough for an entire year. That does not
reflect the real nature of the problem.
Mr. Chairman, we had over the last 10 years such a good economy, we
have eroded the funds in every State. Today, The New York Times says,
30 States are looking at cutting their budgets in the next session, or
doing it right now. Maine is $250,000, Connecticut just had a session
for $300 million. So we are doing it all across the country. My State
is looking at a $1.2 billion cut in the State budget.
So the government puts the money out, the Governor reaches for it,
and it is gone. It is gone in Washington State, it is gone in
California. And then the height of this whole financial baloney is that
stimulus package we put out of here.
Now, the gentleman from New York says it is the only thing we could
do. It was the only way we could handle this issue. You voted on the
floor of this House to give $25 billion in AMT relief to companies that
paid it back to 1986. That $25 billion in and of itself would deal with
New York, if my colleagues were serious about New York. There is not a
single one of us out here that is not in favor of doing something about
New York, and I resent being made out to be me against New York because
I argue for the State of Washington, or the gentleman from California
(Mr. Miller) argues for California, or the gentleman from Hawaii (Mr.
Abercrombie) argues for Hawaii.
We are supportive of New York, and we had another way to do it, and
my colleagues promised it, the President promised it, the Speaker
promised it, and we have not done anything. Now we pass a bill and we
say well, we are sorry, but we saw that money there and it had not been
spent yet because the Governors in the State legislatures had not
figured out how to do it, so we are going to sneak it away before they
know it is gone. And we promise you, we will come back and fix it.
Nobody in here is going to hold their breath until that stimulus bill
passes out of the House. Vote for the Miller amendment.
Mr. WALSH. Mr. Chairman, I yield myself 30 seconds just to respond
quickly. No New Yorker offered an amendment to take funds back from
California when the Northridge earthquake hit, and no New Yorker
offered an amendment to take back funds when the Mount Saint Helens
disaster occurred. I think we have always been forthcoming in our
support for the rest of the country. This is our difficult time.
Mr. Chairman, I yield 5 minutes to the distinguished gentleman from
New York (Mr. Serrano), a member of the Committee on Appropriations.
Mr. SERRANO. Mr. Chairman, I thank the gentleman from upstate New
York for his support.
Let me first do what so many of my colleagues have done, and that is
to thank the gentleman from New York (Mr. Walsh) for really being our
leader and trying to get what was rightfully ours and to try to keep to
the promise that was made from the White House. Somewhere along the way
the gentleman from New York (Mr. Walsh) had to do what many people felt
he had to do, which we disagreed with, some members of the delegation,
which was to agree to this and present it to us.
Let me also say that I understand the gentleman from California's
statement. He is doing for his State no different than what I and the
gentleman from New York (Mr. Walsh) have been trying to do for our
State. He sees harm coming, and he is trying to stop it.
But the gentleman from California (Mr. Miller) makes the point that I
have been trying to make for the last 2 weeks, better perhaps than I
have made it, and that is that the fight is already on between New York
and other States based not only on this amount, but on the promise for
all the money that is supposed to come in the spring. If my colleagues
think this is going to be a difficult debate, imagine what it is going
to be in April and in May when we try to take money, as I have said,
out of the FBI and the INS and the Justice Department, and the State
Department, and the war and defense, and all other departments and
issues, to give to New York based on the promise that if we do not
abide by the law now, the money will be coming in the spring.

{time} 2015

Now, we have a couple of problems here. One of them is that we had
allies in this fight. The allies have abandoned us.
Now, we know that one of the most difficult things to do in politics
or in government is to take on a popular person at the top of his
popularity. Mayor Giuliani is riding a wave of popularity. But he was
in this fight with us from the beginning, and he took a walk on us. He
said, Guys, girls, do not pester the President. You will get the money
in the spring.
Number one, in the spring he is not going to be around to use the
force of his popularity to get us the money. Michael Bloomberg will be
around; and he will be trying to get this money, which will not be
coming.

[[Page H8543]]

Secondly, by saying that, he pulled the rug from under the floor of
the gentleman from New York (Mr. Walsh) and the gentleman from New York
(Mr. Sweeney), all the members of the New York delegation. That is part
of our problem.
Mr. Chairman, this is a difficult situation to be in. I spent all
week telling Members how bad the Walsh agreement was; and now I am here
telling Members, do not get rid of the Walsh agreement because it is
the only thing we have.
But at the same time, it continues to make the point that someone put
us in this situation. Someone already pitted 49 States and some
territories against New York, and this was not what it was all about.
It was about one part of America getting hit as a symbol of what we
were all about, and the enemy wanted to hit that part of America. It
was about a situation where the President and the Committee on
Appropriations said, Whatever it takes, and whatever it takes did not
even come to be.
Mr. Chairman, if we can only realize that the Walsh agreement is the
only thing that we have. So I would beg my colleagues, do not hurt us
anymore. We are not going to get the money in the spring. We have been
done in. We have been lied to. In fact, if New York newspapers were not
so supportive of the Republican Presidents, the 1970s headline could
come back, ``Bush to New York City: Drop Dead,'' the way it is set
forth to New York City. We were never going to see that, but that is
where we are going.
Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from California.
Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman
yielding.
I was going to follow on the gentleman's statement with one about
California. In the past, we have had disasters. The fact that we have
come together in the past without worrying about one State versus
another, it seems to me we should operate with great care in disasters
like this and help one another for the strength of the country.
Mr. SERRANO. Reclaiming my time, it was not this side, with all due
respect, that put us in this situation. It was the gentleman's
administration that did not keep the promise. That is why we are here.
That is why the gentleman from New York (Mr. Walsh) is in this
situation and we have to find ourselves in this situation.
So again, to the gentleman from California (Mr. George Miller), I
understand what he is doing. We would do the same thing in New York if
we were caught up. But sooner or later, people are going to realize
that New York, as the gentleman from New York (Mr. Hinchey) has said,
was the scene of the crime, but the attack was on America, and the
people who died and were suffering and the economy that was devastated
needs our help.
This is a way to start getting some help, but the real help will
probably never come. I ask Members to keep that in mind when they vote
tonight.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, what happened to New York was a terrible
thing. When it happened, I was one of the four people in this Congress
who helped negotiate a $20 billion what I thought was a rock hard
commitment to New York to deal with the problems.
Since then, the administration has tried to change the deal. Some
people in the Congress have been trying to fix it.
There is a right way and a wrong way to fix that problem. The wrong
way is to try to fix it by stealing money from unemployed people in
other States in the Union, which is what the arrangement was.
What happened is that the administration's original $20 billion
commitment has been chiseled down to $10 billion or so in this bill.
Then, when there was a public eruption about that, the White House
worked out a deal to take $2 billion, which had originally been
requested by the President to help unemployed people in all 50 States
in the Union, and instead, they moved that money only to help New York.
That solved New York's problem only partially. It still leaves New
York over $8 billion short. What it does to my State is take
approximately $33 million away from unemployed people in my State. It
does the same thing in Minnesota. That is on top of what the majority
has already done to my State by their tax bill.
My new Republican Governor in Wisconsin indicates that the actions of
the Republican House tax bill will cost Wisconsin an extra $300 million
on its State deficit. Now, how many times do they have to punch other
States in the solar plexus in order to cover up the fact that they are
welshing on the deal to New York? That is what they are doing, they are
compounding the number of victims.
In the end, they are not solving New York's problem, and all they are
doing is making the problems of the rest of the States worse. Shame on
people who do things like that. In this town and in this body, one's
word is supposed to be one's bond. I think we ought to return to that
understanding.
Mr. WALSH. Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, I believe that every single Member, and if
not every single Member, almost every Member of this body went to visit
Ground Zero. We stood there with our hard hats, maybe some were
photographed. We were in shock and disbelief. We pledged our support to
New York. We said we felt New York's pain and that we would make good.
Feeling New York's pain and not doing what we need to do about it,
which is what this administration has done, is a classic bait and
switch.
At Ground Zero, surrounded by firefighters and police officers, the
President promised to make funding available to assist families,
workers, and businesses whose lives were permanently damaged by the
events of September 11. This amendment would return funding back to
State unemployment and health programs that was taken away in a
disingenuous effort to help New York in its greatest hour of need.
I sat in a room with the members of the Committee on Appropriations,
along with New York, along with Connecticut and New Jersey and
Pennsylvania, to talk about how in fact we were united in helping the
New York situation and the individuals who lost everything on September
11. We pledged to work at that.
So this is not directed at my colleagues in New York, to take their
money away. This is a sham, what has been done here tonight. What we
find out is that the money comes out of funds that were supposed to go
to the other 49 States.
I will tell the Members, this is nothing new, because in the economic
stimulus package that was proposed by the majority, the health care
money that is proposed to go to people who are unemployed and who have
lost their health care benefits, that money is coming from the
Children's Health Insurance Program, Mr. Chairman. We are taking
children's health insurance money from the States; and we are saying,
take that money and pay for the health care of workers who are out of
work.
Mr. Chairman, this is another bait and switch, nothing new by this
majority. These funds would have helped American families hit by the
post-September 11 recession, helped to restore them some security they
have lost. It comes out of unemployment; it comes out of health care.
We are charged with the responsibility to help each and every
American, to heal the wounds of September 11 and return security to all
parts of their lives. We must rebuild the confidence of the American
people. Together, we are obligated to make this happen.
We provided today that opportunity not to make this happen. We said,
take the money from all 49 States and give it to New York, and the
rest, go figure it out. Mr. Chairman, I ask Members to support this
amendment and please turn this sham around.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from Massachusetts (Mr. Frank).
Mr. FRANK. Mr. Chairman, the gentleman from New York has said that he
is unhappy to some extent that money

[[Page H8544]]

must come from money set aside for pressing social needs in other
States, but there is no alternative. Harry Houdini had a trick. He
would have other people tie him in knots, and his trick was to get out
of the knots.
What we sometimes see in the legislature is the reverse Houdini. That
is the process by which one ties oneself in knots and says, gee, I am
sorry, I have to do this because I am all tied up in knots.
The people who voted for this rule pulled a reverse Houdini. They
tied themselves in knots. They prevented the House from being able to
vote a genuine, honest meaning of the commitment.
People say, well, do other States not want to give to New York? Yes,
I have people in Massachusetts who want to give to New York, but they
are not the unemployed. This is not a case of one State to another.
This is a case of going to the very poorest people, the people who have
also been hurt. This is victimology, comparative victimology.
They want to help New York, I want to help New York, so how about
helping New York, instead of helping IBM by repealing the corporate
minimum tax for $1.4 billion? We could help New York just with one
piece of the giveaway tax bill.
First they vote to reduce taxes on the wealthiest people in the
country, without any incentive to invest. Then they vote for a rule
which allows the President to get out from under his promise.
I am not defending Massachusetts. I do not believe in State
sovereignty. I am not one of those five Members of the Supreme Court
who is trying to rewrite the Constitution to dismantle the Union. I am
not here defending a corporate State called Massachusetts. I am here
talking about people who may have lost their health care in
Massachusetts, Wyoming or anywhere else. I am talking about people who
have been thrown out of work.
They are the ones, those who voted for this rule, and I know, they
went through the dance, they voted present for a while, and, great
suspense, the members of the Committee on Appropriations voted present.
We held our breath, the world wondered what would happen; and surprise,
surprise, they caved in.
And having caved in and having helped denude New York of the money
the President had promised, they then say, hey, let us all be generous
and go after people who have been unemployed, people who have lost
their health care, and let us feel good about the fact that we are
taking it from them.
We have to understand, that is what it is, that it is easy to be
charitable with other people's money. It is easy to be charitable with
the money of the poor. I understand New York is now in need, and in
need not through its fault; but it is kind of liking walking down the
street and there is somebody who has lost his job, he is homeless, he
asks for some money. What do we do? Go over to some other poor old lady
and take 5 bucks off her and give it to him and we feel generous.
That is what they have done here, reduced taxes on people who make $1
billion a year, give profitable corporations billions and billions of
dollars in aid; and then, when they are stuck because they have an
administration that is unwilling to live up to its own promise, when
they are stuck with trying to give New York, and by the way, we are not
the ones who want to give New York 10 percent of what they are
promised. When they are stuck with that, they say hey, we have a great
idea. You know those unemployed people in other States, those people
who do not have any health care? Let us give them a chance to feel
good.
I suppose the theory is that these poor people are hurt economically,
they do not have jobs or health care; but they will do them a good big
favor, they will let them feel noble. They will single them out for an
involuntary charitable deduction.
Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, oh, to have the prestidigitation skills of Houdini, or
the rhetorical skills of the gentleman from Massachusetts (Mr. Frank).
But the fact of the matter is, Mr. Chairman, if Members support this
amendment, they will hurt New York. If Members listen to the Members of
the New York delegation, they will tell us that this amendment clearly
will hurt New York, and no State nor any American city has suffered as
New York has.
Mr. Chairman, this is a hurtful debate for New York. We are very
concerned, quite frankly, about what happens down the road, as my
colleague, the gentleman from New York (Mr. Serrano), mentioned. We
will have to come back to the Congress for additional help, clearly.
Just as the country came back to the Congress and the Congress
developed I believe it was seven or eight supplementals after the Pearl
Harbor attack, we will have to come back for additional supplementals.
This debate that I see here today tells me it is going to be very
difficult for New York to gather its strength and its support from
across the Nation to continue the help that we need.

{time} 2030

But need it we will. And here we will come. And we will ask our
colleagues from California and Washington and Massachusetts and
Wisconsin and the rest of the States around this great country to help
us.
We are not doing anything to hurt the rest of the country. These
issues will be dealt with in a stimulus package. If they are not dealt
with in a stimulus package, they will be dealt with in subsequent
supplementals also. Please, if Members want to help New York, oppose
this amendment. Stay with the New York delegation, the bipartisan New
York delegation, and oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, may I inquire how much
time is remaining?
The CHAIRMAN. Each side has 13\1/2\ minutes remaining.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentlewoman from California (Ms. Woolsey).
(Ms. WOOLSEY asked and was given permission to revise and extend her
remarks.)
Ms. WOOLSEY. Mr. Chairman, we must restore funding for all unemployed
workers across our Nation. We have to provide income assistance and
health premiums. It absolutely dumbfounds me that we would take away
this aid for all unemployed workers to make up for a failed promise by
our President to New York.
We are all sympathetic. This is not about taking away something from
New York. This is about making the promise to New York for $20 billion,
but not robbing Peter to pay Paul. Instead of New York's $20 million
commitment being failed, we should pay for that and fulfill President
Bush's original promise to provide for community block grants so we can
expand unemployment benefits, pay for health insurance premiums, or
otherwise help families displaced by recession-related impacts across
this Nation, impacts created across the Nation due too September 11 and
before that.
Without the Miller amendment, my State of California will lose about
$220 million that is needed to extend unemployment insurance. Yet
California's economy is also suffering from the economic effects of the
11th of September.
Mr. Chairman, I urge my colleagues, stand up for all unemployed
Americans and their families. All of them deserve your help. All of
them deserve unemployment assistance and health care benefits and we
can do that by voting for the Miller amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me time.
I rise not to in any way be unfair to the people of New York. I rise
to support this amendment to be fair to people throughout this country.
If we stand in Jersey City, New Jersey, we can look across the river
and see Lower Manhattan. It is about a 5-minute boat ride from Jersey
City to Lower Manhattan.
The absurdity of the underlying bill if we do not pass the Miller
amendment is this: a worker who lives in Jersey City who lost her job
or his job on September 11 because their business was

[[Page H8545]]

destroyed in the attack, will get no additional unemployment benefits
or health benefits. But a worker on the other side of the river who
happens to live in Lower Manhattan, would be entitled to get additional
unemployment or health benefits if the money is used for that purpose.
A river should not divide us. This bill should not divide us. We
should not have to choose between honoring our promise to the people of
New York City and honoring our obligation to unemployed people all
across this country.
The rule for this bill should have permitted us to address both of
those concerns. It did not. Fairness dictates, however, that we address
the concerns of unemployed Americans across the Hudson River and around
the country and adopt the Miller amendment so that unemployed Americans
everywhere can receive fair treatment from this Congress tonight. I
urge a vote in favor of the Miller amendment.
Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
Just to respond to my good friend and colleague, the gentleman from
New Jersey (Mr. Andrews), I just want to be clear that under the
structure that we are discussing, either under the Miller amendment or
the existing structure of the bill, the workers in New York and New
Jersey will be treated equally. There is no difference. There is no
additional money in the amendment that I offered that was made whole in
the rule that would treat New Yorkers any better than those in New
Jersey or Connecticut. So I think we really need to make that clear to
everyone, and hopefully they will consider that when they consider
voting against the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Hawaii (Mr. Abercrombie).
(Mr. ABERCROMBIE asked and was given permission to revise and extend
his remarks.)
Mr. ABERCROMBIE. Mr. Chairman, our good friend, the gentleman from
New York (Mr. Walsh), has a lot of good things said about him. How fast
it goes, does it not?
Just a few minutes ago we were over here talking in the Committee on
Appropriations how we were trying to work this out, and now the
gentleman finds himself in this position. You notice how lonely he is
over there. Notice how people are not rushing down here to defend this
position.
Now we can understand that. We are all legislators here. But let us
go over what is taking place here. There is a victory for the forces
that attacked us if we are able to be divided this way.
I am here to state that this is politics. We need to vote this
amendment for the reason that these folks brought up over here and that
they are valiantly defending over here.
Supplementals. If we can handle it by supplementals, and the
gentleman from New York (Mr. Walsh) is reduced to the position of
saying, look, we are not trying to hurt anybody else, even though that
is what the result is going to be. Let us do it by supplemental. Let us
deal with that because the revenues are going down all over the
country, and it does not matter whether you are Republican or you are a
Democrat. But I will state this, if this Miller amendment fails, it
will be a bell ringer in the arguments that are going to be made in the
next fall in the elections. And some of the people that have been
supporting folks on the other side of the aisle, believe me, are going
to find themselves in a very difficult political position. And that
position will be how is it possible that a promise could be made that
all of us are supposed to pull together, Democrat and Republican, but
we are hurting the very people at the grassroots that are supporting
this war effort.
These are unemployed. I am taking this from the preliminary monthly
report of the Bureau of Labor Statistics. And the people of New York
are going to get hurt in the sense that they get $60 million, but the
people in New Jersey or Hawaii, my people, and I note in passing
December 7 was brought up here. I ought to know about that. And we
dealt with that with supplementals. How is it possible for us to attack
the unemployed in order to pay for a political strategy over here with
respect to the supplemental budget that we are supposed to put forward,
the stimulus?
How is it possible that we could attack our own people? We are
eviscerating ourselves. We are devouring ourselves in order to get
behind a political strategy that is going to be a loser for my
colleagues. I guarantee my colleagues this, there is not a person on
that side of the aisle that supports the position of trying to defeat
the Miller amendment that could stand up to anybody in any neighborhood
board meeting, in any community meeting and defend that position.
Let us vote for the Miller amendment if my colleagues want to be here
next year and they want to be here defending the interests of the
American people rather than the interests of American corporations that
are trying to take advantage of us.

DISTRIBUTION OF $1.5 BILLION IN NATIONAL EMERGENCY GRANT FUNDS BASED ON STATE SHARE OF INCREASED UNEMPLOYMENT SINCE 9/11
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation of
Percent of $1.5 b. of NEG
Average number Number of Increase in total increase grants based on
of unemployed unemployed for number of in unemployed share of
for Aug/Sept October unemployed (among States increase
with increase) unemployed
--------------------------------------------------------------------------------------------------------------------------------------------------------
California......................................................... 1,214,800 1,284,400 69,600 14.7 $220,742,150
Florida............................................................ 340,250 384,900 44,650 9.4 141,611,164
Texas.............................................................. 530,800 555,800 25,000 5.3 79,289,565
Virginia........................................................... 114,150 136,400 22,250 4.7 70,567,713
Arizona............................................................ 108,550 128,300 19,750 4.2 62,638,757
New York........................................................... 644,850 664,000 19,150 4.0 60,735,807
Indiana............................................................ 130,550 148,800 18,250 3.9 57,881,383
North Carolina..................................................... 206,150 223,300 17,150 3.6 54,392,642
Washington......................................................... 183,150 200,100 16,950 3.6 53,758,325
New Jersey......................................................... 187,050 203,300 16,250 3.4 51,538,218
Nevada............................................................. 49,850 66,100 16,250 3.4 51,538,218
Colorado........................................................... 85,250 99,300 14,050 3.0 44,560,736
Pennsylvania....................................................... 287,650 301,300 13,650 2.9 43,292,103
Georgia............................................................ 158,350 171,000 12,650 2.7 40,120,520
Maryland........................................................... 115,400 127,700 12,300 2.6 39,010,466
Tennessee.......................................................... 116,750 128,700 11,950 2.5 37,900,412
Louisiana.......................................................... 103,300 115,000 11,700 2.5 37,107,517
Michigan........................................................... 267,550 278,900 11,350 2.4 35,997,463
Missouri........................................................... 121,500 132,200 10,700 2.3 33,935,934
Wisconsin.......................................................... 126,650 137,200 10,550 2.2 33,460,197
Massachusetts...................................................... 131,100 140,100 9,000 1.9 28,544,244
Alabama............................................................ 105,100 114,000 8,900 1.9 28,227,085
Ohio............................................................... 254,550 262,300 7,750 1.6 24,579,765
Minnesota.......................................................... 97,100 103,700 6,600 1.4 20,932,445
South Carolina..................................................... 104,600 111,000 6,400 1.4 20,298,129
Hawaii............................................................. 26,150 32,500 6,350 1.3 20,139,550
Oklahoma........................................................... 56,550 62,600 6,050 1.3 19,188,075
Oregon............................................................. 114,900 118,900 4,000 0.8 12,686,330
Illinois........................................................... 350,150 353,700 3,550 0.8 11,259,118
Iowa............................................................... 50,750 54,300 3,550 0.8 11,259,118
Kansas............................................................. 54,450 57,900 3,450 0.7 10,941,960
Mississippi........................................................ 66,750 70,100 3,350 0.7 10,624,802
Kentucky........................................................... 98,050 101,100 3,050 0.6 9,673,327
Utah............................................................... 46,000 48,400 2,400 0.5 7,611,798
New Mexico......................................................... 47,850 49,500 1,650 0.3 5,233,111
Maine.............................................................. 28,550 29,600 1,050 0.2 3,330,162
Idaho.............................................................. 32,500 33,400 900 0.2 2,854,424

[[Page H8546]]

South Dakota....................................................... 11,900 12,700 800 0.2 2,537,266
------------------------------------------------------------------------------------
Total........................................................ 6,769,550 7,242,500 472,950 100.0 1,500,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

Mr. WALSH. Mr. Chairman, I reserve my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to
the gentleman from North Carolina (Mr. Watt).
Mr. WATT of North Carolina. Mr. Chairman, in North Carolina our State
legislature is still in legislative session in the longest legislative
session in the history of North Carolina. It started the year with a
budget deficit of over $300 million and a constitutional requirement of
a balanced budget. After September 11, and after the State legislature
had found a way to balance the budget, September 11 hit and they had to
face another set of projections that threw the budget out of balance
again. They are still there trying to solve this problem.
Now we are told that the poor people, the unemployed people of North
Carolina, are going to be taxed an additional $54 million out of their
unemployment benefits for the purposes of New York. The people of North
Carolina do not mind supporting the people of New York. People who have
income would readily do that. I talk to them all the time, but it is
patently unfair to ask unemployed people to give $54 million from North
Carolina, unemployed people in North Carolina, when we have suffered
the same impact from the same set of events.
U.S. Air has a hub in Charlotte. It flies out of Reagan National to
Charlotte. It laid off thousands of people after September 11. Those
people need the unemployment benefits just like New York needs these
funds. We should adopt the Miller amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, may I inquire how much
time I have.
The CHAIRMAN. The gentleman from California (Mr. George Miller) has
4\1/2\ minutes remaining. The gentleman from New York (Mr. Walsh) has
13 minutes remaining.
Mr. GEORGE MILLER of California. Mr. Chairman, if I might inquire, I
am the only speaker left.
Mr. WALSH. Mr. Chairman, no one else has requested time.
Mr. GEORGE MILLER of California. I will go ahead and the gentleman
from New York (Mr. Walsh) will close; is that correct?
The CHAIRMAN. The gentleman from New York (Mr. Walsh) has the right
to close.
Mr. WALSH. Mr. Chairman, I will reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself the
remainder of my time.
The events of September 11 were uniquely cruel, were uniquely cruel
against the victims, people who chose to do nothing more than get up
and go to work in the morning, and by the thousands they were
slaughtered, unique in their cruelness, in the history of this country
and the history of the world.
From the moment after September 11 and even as it was unfolding, we
saw something uniquely American, and to the wonder of the rest of the
world, we erased all of the boundaries, all of the characteristics, all
of the identities, and we pulled together. People drove across country
so they could put in a 12-hour shift; children sent money; people were
out on the streets asking for help for New York. People raised billions
of dollars. Uniquely American.
That is what Robert Frost wrote about, about our boldness, our
greatness, our strengths, about our broad shoulders, about our
integrity. That is what America saw. It saw strength and it saw
compassion. It saw a sharing like we have never witnessed in this
country, in this generation of those of us who are alive now. It saw
people who said I will do anything to help those people in New York.
People went to enlist to help the fight overseas. People gave blood.
They stood in line here at the Cannon Building, stood in line to give
blood, more blood than they needed. What a tribute to our country.
Now we have got to finish the job, but we have got to finish it as
the United States of America, as the American people. When we had
hurricanes in Florida, we did not say to the earthquake victims in
California that they must contribute, and only victims. We did not say
to the victims of the floods in Texas that the people devastated by the
ice storms in Maine could only contribute. We did not say to the people
in the tornadoes in Kansas, in Tennessee and Arkansas that they would
have to get their help from the victims of the hurricanes. No. We came
and said this is an American problem, this is a natural disaster, it is
an act of God and America will take care of this problem. We will all
join together.
We got emergency funding for the floods in Texas, if my colleagues
will remember the gentleman from Texas (Mr. DeLay) holding up the bill
until it happened. Californians put their shoulders to the wheel to
help the victims of Florida after Andrew. That is America.

{time} 2045

It is not about making your neighbor poor. It is not about collecting
only from the poorest people in the country, those who are already
unemployed, who are every much a victim as the unemployed of New York
due to that event. That cannot be the trust fund from which we are
going to rebuild New York. No.
That is why this Congress went to the President of the United States
and asked for $20 billion. That is why this Committee on Appropriations
has struggled with the issues of homeland defense. We are not going to
get there by thinking we are going to move money between accounts, my
colleagues.
And Americans have overwhelmingly said that they are willing to pay
to rebuild this country and restore this country and to erase this scar
on our landscape. They did not assign that to the unemployed. They
assigned that to every American in this country. Every American in this
country. That is who America assigned it to.
The gentleman from New York (Mr. Walsh) is in an untenable position.
An untenable position. Why? We know the struggles that our colleagues
on the Committee on Appropriations have gone through, our colleagues
from New York, trying to meet these demands. We heard from the Coast
Guard earlier. This is going to cost a lot of money, my colleagues, but
it is about the integrity of this country. It is about the future of
our families. It is about the security of our Nation.
Can we not rise to that occasion without creating new victims? Can we
not rise to that occasion and defend this country and defend its
families and try to provide them some income security, a little bit of
health care while they are being devastated? I think we can. I think we
can do this as a Congress.
I think it is important that our colleagues from New York join us in
this and turn our back on this beggar-thy-neighbor policy; that somehow
we can make New York whole by bringing down the unemployed in Florida
or the unemployed in California. That is not the way a great Nation
addresses its great problems. That is not the response we have to
terrorism.
This is about our Nation, united in one step together to rebuild this
country and to secure this country. And we are not going to do it on
the backs of the unemployed. We should repudiate this.
Mr. WALSH. Mr. Chairman, I yield myself the balance of my time, and I
wish to just clarify one point that has been made by several of the
proponents of this amendment, which I think quite

[[Page H8547]]

clearly is wrong, and that is that this amendment or that the
arrangement under the current structure of the bill takes unemployment
insurance benefits away. In fact, people will continue to receive their
unemployment benefits.
So anyone out there who has lost their job, this bill will not take
away any of their unemployment benefits. I hope people understand that.
In fact, the stimulus package will extend extended unemployment
insurance benefits and extend making COBRA payments to all Americans
who have lost their jobs since the attack on September 11.
Mr. Chairman, I think the debate has been divisive enough, so I would
like to try to end on as positive a note as I could.
I think the gentleman from California spoke about the integrity of
America, the broad-shouldered approach to this disaster on the part of
Americans, the sharing spirit of Americans, and I would ask my
colleagues from States throughout this Nation to continue that. We need
their help. We are in a difficult spot. The legislative process is
unwieldy. We cannot always make things work exactly the way we want to.
Sometimes we do get tied up in knots. But it is all for the right
reasons, Mr. Chairman. It is all to help a city that has been hit and
hit hard. As our Governor said, we have been bloodied but we are not
bowed.
This is a difficult time. This is a difficult bill. But I would ask
my colleagues to stay with us just this one more time. We will stand
with you to make sure that your constituents, the people in your States
that have lost their jobs, get the support that they deserve from the
United States, from this government.
So Mr. Chairman, in conclusion, I would ask that we reject this
amendment. I think it is a divisive amendment. Let us reject it.
Support the bill and move this bill over to the Senate for its
consideration.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
The question was taken; and the Chairman announced that the ayes
appeared to have it.
Mr. WALSH. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from California (Mr. George
Miller) will be postponed.
Are there any other amendments?

Amendment Offered by Mr. Hyde

Mr. HYDE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Hyde:
At the end of the bill, add the following:

DIVISION C--ADDITIONAL GENERAL PROVISIONS

Sec. ____. None of the funds made available in Division A
of this Act may be used to provide support or other
assistance to the International Criminal Court or to any
criminal investigation or other prosecutorial activity of the
International Criminal Court.

Mr. HYDE (during the reading). Mr Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Illinois?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that
debate on this amendment and any amendments thereto be limited to 10
minutes, to be equally divided and controlled by the proponent and
myself.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. HYDE asked and was given permission to revise and extend his
remarks.)
Mr. HYDE. Mr. Chairman, this amendment is intended to protect the men
and women of our Armed Forces from the risk of criminal prosecution by
the U.N. International Criminal Court.
This is a new court. It has not yet come into existence, but it
predictably will, because it is getting ratification from the 60
countries that is necessary, so we should face the fact that this is
going to be a reality. Now, once this court is operating, it will claim
jurisdiction to prosecute the men and women of our Armed Forces, as
well as officials of our government, for alleged war crimes, crimes
against humanity, et cetera, even though our country has not and will
not ratify the treaty establishing the court.
The court is a threat to the sovereignty of our Nation. Its claim of
criminal jurisdiction over our citizens directly conflicts with the
supremacy clause of our Constitution, and any Americans prosecuted by
this court will be without the protections guaranteed them by our Bill
of Rights, beginning with the right to trial by jury.
For those of us who are committed to protecting our Constitution, and
we have heard many such voices during our debate on the terrorism bill
just a few weeks ago, the first place to begin is with the
International Criminal Court.
Terrorists, like the suicide bombers who attacked our Nation on
September 11, will not be deterred by the threat that if caught and
successfully prosecuted they may be sentenced to life imprisonment,
because that is the highest penalty the international court can impose.
But U.S. military personnel and their civilian and military commanders
will have to worry a great deal about the threat of criminal
prosecution by the court.
As a result, if the court were in existence today, the U.S. military
operations currently underway in Afghanistan would have to be
reconfigured in order to avoid the risk of criminal prosecution by the
court. It is imperative that we in Congress do everything within our
power to ensure that our Nation's ability to respond to terrorists and
others who threaten us is not circumscribed by the U.N. court operating
in conflict with the Constitution.
The purpose of my amendment prohibits the use of funds appropriated
in this act to support or assist any activity of the International
Criminal Court. I wish the Rules of the House permitted me to offer a
broader amendment, because I think it is important to permanently
prohibit any form of U.S. support to or cooperation with the
International Criminal Court, not just support or cooperation by the
Department of Defense, but any government agency in the United States.
On September 25, the administration informed us it supports a revised
version of the American Servicemembers' Protection Act that a number of
us negotiated with the administration. That revised language was based
on a bill, H.R. 1794, that was introduced on May 10 of this year by the
gentleman from Texas (Mr. DeLay), the gentleman from Pennsylvania (Mr.
Murtha) and myself. The text of that bill was approved by the House as
a floor amendment on May 10 by a vote of 282 to 137.
I hope that in conference the agreed language that we have worked out
with the administration can be submitted with the text of my amendment,
because I believe that our agreed language will better protect military
personnel from the threat of prosecution by the International Criminal
Court.
Mr. Chairman, the Constitution protects Americans. To put Americans
outside the protection of the Constitution in a court that does not
permit jury trials is an abandonment of one of the core indicia of
citizenship. It is not a good idea, and I hope my amendment is adopted.
Mr. Chairman, I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman
from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I ask my colleagues to think seriously.
Generally, we say, ``Let Hyde be your guide.''
The United Nations votes against the United States at least 90
percent of the time, even though we pay the lion's share of funding for
the United Nations. On many of the key votes, we are vetoed out of the
process.
I do not think any of us wants our men and women that we ask to go in
harm's way in our military, or our intelligence agencies and their
members, to be tried in a kangaroo court without the proper
jurisdiction.
I rise in strong support of the Hyde amendment. I think it is a good
amendment and it is good for our men and

[[Page H8548]]

women both in the service and in our intelligence agencies.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of my
time.
I simply rise to thank the gentleman from Illinois for offering this
amendment. I think it is something that we should have considered, and
we are considering. We are prepared to accept this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Hyde).
The amendment was agreed to.

Amendment Offered by Mr. Tom Davis of Virginia

Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Mr. Tom Davis of Virginia:
At the end of the bill, add the following:

DIVISION C--ADDITIONAL GENERAL PROVISIONS

Sec. ____. (a) Occoquan River, Virginia.--The project for
navigation, Occoquan Creek, Virginia, authorized by the first
section of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'',
approved September 19, 1890 (26 Stat. 440), is modified to
direct the Secretary of the Army--
(1) to deepen the project to a depth of 9 feet; and
(2) to widen the project between Channel Marker Number 2
and the bridge at United States Route 1 to a width of 200
feet.
(b) Availability of Funds.--Amounts appropriated to carry
out the project referred to in subsection (a) by the Energy
and Water Development Appropriations Act, 2001 (as enacted
into law by Public Law 106-377), shall be made available to
carry out the modifications to the project under subsection
(a).
(c) Project Redesignation.--
(1) In general.--The project referred to in subsection (a)
shall be known and designated as the ``project for
navigation, Occoquan River, Virginia''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
project referred to in subsection (a) shall be deemed to be a
reference to the ``project for navigation, Occoquan River,
Virginia''.

Mr. TOM DAVIS of Virginia (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Virginia?
There was no objection.
Mr. OBEY. Mr. Chairman, I reserve a point of order against the
amendment.
The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
Mr. DAVIS of Virginia. Mr. Chairman, this is a simple amendment that
will cost the Federal Government no additional money and will provide
an absolutely critical service to the people of the northern Prince
William County, Virginia.
Over the past 3 years, I have been working with the Army Corps of
Engineers, the Prince William County Board of Supervisors, the mayor of
the town of Occoquan, several commercial interests, and recreational
boaters, all in an attempt to make the navigation of the Occoquan River
safer for everyone who uses it.
Last year, this Congress appropriated $1 million from the Corps of
Engineers to conduct maintenance dredging of the federally mandated
channel. My amendment will alleviate the problem of maintaining the
channel without costing the Federal Government any additional dollars.

{time} 2100

First, it establishes deeper and wider channels that will accommodate
the increased traffic on the river. Second, it redirects the funds
already appropriated for maintenance dredging for this purpose. This is
a project of supreme importance to the people of eastern Prince William
County, Virginia. We can improve access to the Occoquan River without
spending any new Federal money. I urge my colleagues to support this
amendment.
Mr. OBEY. Mr. Chairman, I continue to reserve my point of order, and
I move to strike the last word.
Mr. Chairman, I think the gentleman in the well is a very
constructive Member, and I consider him to be a good friend of mine. I
do not want to in any way prejudge this project because I do not know
anything about it.
But in light of some of the things that have happened today, I want
to make some observations about this project. This project was brought
before the Subcommittee on Energy and Water. That subcommittee is
controlled 7 to 4 by the majority party. The subcommittee looked at it
and chose not to approve it.
Now we are being asked to approve an energy and water project on a
Department of Defense appropriations bill. It is what is traditionally
called by some people pork because it is an individual project for an
individual Member. I make no judgment about whether that is good or
bad. I am not offended by pork if it is responsible. I think it is just
as reasonable for Congress to designate projects as it is for the
Secretary of any agency.
But I want to note that for the last 2 weeks I have been begging this
House to review objectively and support a crucial amendment that would
have addressed many of the crucial homeland security issues facing this
country. The White House attacked that amendment for being laden with
pork, although there was not a single pork item in it; and I defy
anyone to show me one.
The Republican leadership in this House peddled the same
misinformation to the press, that the amendment we were seeking to
provide as a matter of urgent safety, they kept trying to imply to the
press that it was laden with pork when in fact it had not a single pork
item. They used that argument to block our ability to provide
additional border security, additional port security, more help for the
FBI, and a variety of other actions, including added protection against
weapons-grade nuclear material.
Mr. Chairman, that is one of the reasons that it was hard for at
least a week to get the press to pay attention to what was actually in
our package because of the misinformation being spread about it, all
under the rubric of the term ``pork.''
Now we are being asked to provide for a Member of the Republican
leadership as an add-on to this bill an item that can only be called
pork. I could object to this under the rules of the House, the very
rules that denied our security amendment an opportunity to have a vote.
I am not going to do that because I respect the gentleman in the well
and I do not consider myself, without further study, qualified to judge
the merits of this project. It is probably legitimate. I do not know.
All I know is that there is a very different standard being applied
by the House leadership on this issue in comparison to the standard
that was misapplied in order to make it more difficult to communicate
to Members the content of our own security-related bill.
I will not, Mr. Chairman, raise the point of order that I could raise
against this project. If the majority has enough chutzpah to proceed
after they have pummeled us with mislabels for the past 2 weeks on an
important matter of national security, so be it.
Again, I want to emphasize, I do not criticize the gentleman. He is
doing for his district what he thinks is legitimate, and all of us have
a right to do that and I do not condemn that project until I know more
about it. But I do condemn a process that enables people to smear a
legitimate amendment like ours for over 2 weeks by mislabeling it as
pork when in fact we had not a single item in that amendment that in
any way could be called an item of pork. Mr. Chairman, with that I
withdraw my reservation of a point of order.
The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) withdraws his
point of order.
The question is on the amendment offered by the gentleman from
Virginia (Mr. Tom Davis).
The amendment was agreed to.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to yield to my colleague from North
Carolina for a colloquy.
Mr. BURR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from North Carolina.
Mr. BURR of North Carolina. Mr. Chairman, the bill we are debating
today allows $8.25 million to help replace the public broadcasting
facilities

[[Page H8549]]

that were destroyed atop the World Trade Center during the devastation
of September 11 of this year.
No one disagrees that the stations in New York, both commercial and
noncommercial, need to get back to the business of serving the people
of the city as soon as possible. To date, however, no alternative site
for the replacement broadcast towers has been located. Unfortunately,
plans to build the new tower have been stalled, and it is unclear when
a site will be located. Until then, it is obviously impossible for
broadcasters to begin projects to rebuild the broadcast facilities and
get back to reaching the full broadcast area that was served prior to
September 11.
For this reason, I think it is only appropriate that NTIA refrain
from granting this money to the designated stations until a proper site
is secured to construct a replacement tower. I urge the NTIA to use its
expertise and planning resources to help New York broadcasters with any
engineering and technical decisions about the placement of the new
tower. However, any actual grant of these monies should occur only
after such a tower is located.
Mr. YOUNG of Florida. Mr. Chairman, reclaiming my time, I agree with
the gentleman from North Carolina that the funding in this bill is for
the purpose of reinstituting full broadcast service to the people of
New York City. The NTIA will make the funding available to the stations
as soon as the most appropriate location of the replacement tower is
secured.
Mr. Chairman, I yield to my colleague from Alabama for a brief
statement.
Mr. ADERHOLT. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Alabama.
Mr. ADERHOLT. Mr. Chairman, Johnny Michael Spann, the world found out
today, is the first American known to have died in combat in
Afghanistan. Having grown up in Winfield, Alabama, he served in the
United States Marine Corps, and was a Central Intelligence Agency
officer when he was killed during the prison riot at Mazar-e Sharif.
Winfield, Alabama, is in the congressional district I represent, and
only a few miles from my hometown. I am currently preparing a
resolution to honor Mr. Spann in his service for his country. He was 32
years old and a father of three, and I extend my condolences to his
family, and ask that all Americans keep his family in their prayers in
the days to come.
Mr. YOUNG of Florida. Mr. Chairman, I join in the statement of the
gentleman from Alabama, and extend the condolences and the sympathies
from this Member in the death of this heroic young American.

Amendment Offered by Ms. Jackson-Lee of Texas

Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Ms. Jackson-Lee of Texas:
Page 142, line 23, strike the period at the end and insert
``, of which $5,000,000 is for enforcement of section
212(a)(1) of the Immigration and Nationality Act.''.

Ms. JACKSON-LEE of Texas. Mr. Chairman, first of all, as I said
earlier today, I appreciate the work of both the chairman and the
ranking member of this committee, and appreciate how difficult a task
this is.
I would have hoped that the Sweeney-Lowey amendment would have been
made in order to help our fellow New Yorkers and fellow Americans. I
would have hoped that the Obey amendment that dealt specifically with
homeland security would have been made in order, and we would have had
an opportunity to confront security within our Nation head on.
We find ourselves debating now with unfinished work. I mentioned
earlier that our task is to be proactive. This amendment simply
reinforces my commitment to being proactive. It deals with the
enforcement of health conditions at our border, and specifically in
enforcement of section 212(a)(1) of the Immigration and Nationality
Act. This amendment would have provided extra dollars for health
inspectors and others who would help us assist with individuals who
might be crossing our border with contagious diseases. But more
particularly, it would assist us in the detection of individuals who
would do harm by bringing across infectious diseases such as smallpox.
We have offered to say to the American public that we must go on with
our lives and live as we lived before September 11. We must fly in
airplanes and visit our relatives, and I agree with that. But as we
fight the evilness of terrorism, it is important that we are proactive.
Mr. Chairman, this is a simple amendment. It simply would have taken
the dollars and isolated them or targeted them specifically to help
enforce or provide extra staff to enforce this provision which will be
able to detect those individuals traveling across the border with
infectious diseases.
I only realized in the course of this bill that this particular
aspect of it needs to be part of a larger picture. I am going to
withdraw this amendment hoping that we can move homeland security
legislation forward in this House as quickly as possible, that these
issues dealing with the securing of our border, these issues dealing
with health inspectors at our borders, will be a first priority or a
high priority in securing the homeland.
Likewise, Mr. Chairman, I hope that we will not find ourselves
borrowing from Peter to pay Paul, taking money from other resources in
order to move forward with homeland security. I believe this is an
emergency and that these dollars should be separately set aside in
order to provide the security that we need while funding our hospitals
and public clinics and providing more dollars for law enforcement, and
helping to support the new airport security legislation. We need
emergency-added dollars. More particularly, we need to act now.
This amendment, I believe, was a good amendment to ensure that those
who would come across the border with infectious diseases to do wrong
would be detected at the border. We are lacking in the resources to do
that. But if we are not going to act today, I hope that we will act
extremely quickly, and I will say to the ranking member and the
chairman, I hope that they will consider this amendment and consider
the need for this amendment and the resources, and provide the extra
staffing at our borders to be able to protect those within our borders,
and fight terrorism proactively and to move now on behalf of the
American people.
The terrorist attacks of September 11, 2001, have challenged Congress
to assess and protect against the many risks that this Nation faces.
But one of the greatest and least understood risks is the biological
threat at our Nation's borders.
America is ill-equipped to deal with terrorist who, infected with
deadly biological agents, attempt to pass through our borders. Once
such agents pass into the United States, undetected by our border
security as it currently exists, they may proceed to launch a terrorist
attack against unsuspecting Americans by spreading the disease at an
alarming and epidemic rate.
For example, one of the most deadly biological threats known to
science is smallpox. Although smallpox was ``eliminated'' from the
world in 1977, stockpiles still exist in secure facilities in the
United States, and in more loosely secured facilities in Russia.
According to the American Medical Association and information
available for the U.S. Army Medical Research Institute of Infectious
Diseases, ``Because financial support in laboratories in Russia has
sharply declined in recent years, there are increasing concerns that
existing expertise and equipment (e.g., smallpox) might fall into non-
Russian hands.''
While it is not clear whether this disease has been obtained by
terrorist cells, such an incident could lead to a terrorist attack that
would have national and global ramifications.
In the case of smallpox, the incubation period is about 12 days.
During this period, there is minimal visual indication of the disease,
allowing a person infected to easily pass through border security
undetected.
Even at later stages of the disease, where a characteristic rash,
flat red lesions and scabs are apparent, there are few medical
professionals at our borders to properly identify and diagnose the
disease. Undetected, smallpox may spread from one person to another by
infected saliva droplets that expose a susceptible person having face-
to-face contact with the ill person.
According to the Centers for Disease Control, infection results in
death in up to 30 percent of cases. According to the American Medical
Association ``In a now highly susceptible, mobile population, smallpox
would be able to spread widely and rapidly throughout this country and
the world.'' Clearly, these threats are real and must be addressed.

[[Page H8550]]

My amendment provides $5,000,000.00 for the creation of a Border
Health Inspectors program, under the Immigration and Nationalization
Service, in order to identify and thwart human biological threats to
national security at our borders. As the American Medical Association
warns ``The discovery of a single suspected case of smallpox must be
treated as an international health emergency and be brought to the
attention of national health officials.'' My amendment ensures that
such national health officials are at our borders and that they have
the tools they need to protect us all.
I urge my colleagues to support it.
Mr. Chairman, I ask unanimous consent to withdraw this amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
The CHAIRMAN. Are there any further amendments?

Amendment Offered by Mr. George Miller of California

The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from California (Mr. George
Miller) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.

Recorded Vote

The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 201,
noes 220, not voting 11, as follows:

[Roll No. 457]

AYES--201

Abercrombie
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barrett
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Bilirakis
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capito
Capps
Capuano
Cardin
Carson (OK)
Clay
Clayton
Clement
Clyburn
Coble
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Dunn
Edwards
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Frank
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hart
Hastings (FL)
Hefley
Hill
Hilliard
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lucas (KY)
Luther
Lynch
Maloney (CT)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCollum
McDermott
McGovern
McIntyre
McKinney
Meehan
Meek (FL)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (VA)
Murtha
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Reyes
Rivers
Rodriguez
Roemer
Ross
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schaffer
Schakowsky
Schiff
Scott
Sherman
Shows
Skelton
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Toomey
Traficant
Turner
Udall (CO)
Udall (NM)
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Wilson
Woolsey
Wu
Wynn

NOES--220

Ackerman
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Biggert
Blunt
Boehlert
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Castle
Chabot
Collins
Combest
Cooksey
Cox
Crane
Crenshaw
Crowley
Culberson
Cunningham
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Ehlers
Ehrlich
Emerson
Engel
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Herger
Hilleary
Hinchey
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Israel
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaFalce
LaHood
Largent
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lowey
Lucas (OK)
Maloney (NY)
Manzullo
McCarthy (NY)
McCrery
McHugh
McInnis
McKeon
McNulty
Meeks (NY)
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Moran (KS)
Morella
Myrick
Nadler
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Owens
Oxley
Pence
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Towns
Upton
Velazquez
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wolf
Young (AK)
Young (FL)

NOT VOTING--11

Boehner
Carson (IN)
Chambliss
Cubin
DeFazio
Ford
Latham
Peterson (PA)
Quinn
Rothman
Wexler

{time} 2136

Messrs. TERRY, BUYER, BARTON of Texas, EVERETT, RANGEL, BARCIA, NEY
and HOSTETTLER changed their vote from ``aye'' to ``no.''
Mr. MEEHAN and Ms. HART changed their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN. The Clerk will read the last two lines of the bill.
The Clerk read as follows:

This division may be cited as the ``Emergency Supplemental
Act, 2002''.

The CHAIRMAN. There being no further amendments, under the rule, the
Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Simpson) having assumed the chair, Mr. Camp, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 3338) making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2002, and for other purposes, pursuant to House
Resolution 296, he reported the bill, as amended pursuant to that rule,
back to the House with further sundry amendments adopted by the
Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 406,
nays 20, not voting 7, as follows:

[Roll No. 458]

YEAS--406

[[Page H8551]]

Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeGette
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, Gary
Miller, Jeff
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NAYS--20

Blumenauer
Brown (OH)
Conyers
Delahunt
Eshoo
Filner
Hinchey
Jackson (IL)
Lee
Lewis (GA)
McDermott
McKinney
Miller, George
Nadler
Owens
Paul
Payne
Serrano
Stark
Velazquez

NOT VOTING--7

Carson (IN)
Cubin
DeFazio
Ford
Quinn
Rothman
Wexler

{time} 2154

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________