november 28, 2001 congressional record house h8441...2001/11/28 · november 28, 2001 congressional...

CONGRESSIONAL RECORD — HOUSE H8441November 28, 2001Mrs. MYRICK. Mr. Speaker, I yield

back the balance of my time, and Imove the previous question on the res-olution.

The previous question was ordered.The SPEAKER pro tempore (Mr.

SIMPSON). The question is on the reso-lution.

The question was taken; and theSpeaker pro tempore announced thatthe ayes appeared to have it.

Mr. FROST. Mr. Speaker, on that Idemand the yeas and nays.

The yeas and nays were ordered.The vote was taken by electronic de-

vice, and there were—yeas 216, nays211, answered ‘‘present’’ 1, not voting 5,as follows:

[Roll No. 454]

YEAS—216

AderholtAkinArmeyBachusBakerBallengerBarrBartlettBartonBassBereuterBiggertBilirakisBluntBoehlertBoehnerBonillaBonoBrady (TX)Brown (SC)BryantBurrBurtonBuyerCallahanCalvertCampCannonCantorCapitoCastleChabotChamblissCobleCollinsCombestCookseyCoxCraneCrenshawCubinCulbersonCunninghamDavis, Jo AnnDavis, TomDealDeLayDeMintDiaz-BalartDoolittleDreierDuncanDunnEhlersEhrlichEmersonEnglishEverettFergusonFlakeFletcherFoleyForbesFossellaFrelinghuysenGalleglyGanskeGekasGibbonsGilchrestGillmorGilman

GoodeGoodlatteGossGrahamGrangerGravesGreen (WI)GreenwoodGrucciGutknechtHansenHartHastertHastings (WA)HayesHayworthHergerHillearyHobsonHoekstraHornHostettlerHoughtonHulshofHunterHydeIsaksonIssaJenkinsJohnson (CT)Johnson (IL)Johnson, SamJones (NC)KellerKennedy (MN)KernsKing (NY)KingstonKirkKnollenbergKolbeLaHoodLargentLathamLaTouretteLeachLewis (CA)Lewis (KY)LinderLoBiondoLucas (OK)ManzulloMcCreryMcHughMcInnisMcKeonMicaMiller, DanMiller, GaryMiller, JeffMoran (KS)MorellaMyrickNethercuttNeyNorthupNorwoodNussleOsborneOseOtterOxley

PaulPencePeterson (PA)PetriPickeringPittsPlattsPomboPortmanPryce (OH)PutnamRadanovichRamstadRegulaRehbergReynoldsRileyRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRoukemaRoyceRyan (WI)Ryun (KS)SaxtonSchafferSchrockSensenbrennerSessionsShadeggShawShaysSherwoodShimkusShusterSimmonsSimpsonSkeenSmith (MI)Smith (NJ)Smith (TX)SouderStearnsStumpSununuTancredoTauzinTaylor (NC)TerryThomasThornberryThuneTiahrtTiberiToomeyTraficantUptonVitterWaldenWalshWampWatkins (OK)Watts (OK)Weldon (FL)WellerWhitfieldWickerWilsonWolfYoung (AK)Young (FL)

NAYS—211

AbercrombieAckermanAllenAndrewsBacaBairdBaldacciBaldwinBarciaBarrettBecerraBentsenBerkleyBermanBerryBishopBlagojevichBlumenauerBoniorBorskiBoswellBoucherBoydBrady (PA)Brown (FL)Brown (OH)CappsCapuanoCardinCarson (OK)ClayClaytonClementClyburnConditConyersCostelloCoyneCramerCrowleyCummingsDavis (CA)Davis (FL)Davis (IL)DeGetteDelahuntDeLauroDeutschDicksDingellDoggettDooleyDoyleEdwardsEngelEshooEtheridgeEvansFarrFattahFilnerFrankFrostGephardtGonzalezGordonGreen (TX)GutierrezHall (OH)Hall (TX)Harman

Hastings (FL)HefleyHillHilliardHincheyHinojosaHoeffelHoldenHoltHondaHooleyHoyerInsleeIsraelJackson (IL)Jackson-Lee

(TX)JeffersonJohnJohnson, E. B.Jones (OH)KanjorskiKapturKellyKennedy (RI)KildeeKilpatrickKind (WI)KleczkaKucinichLaFalceLampsonLangevinLantosLarsen (WA)Larson (CT)LeeLevinLewis (GA)LipinskiLofgrenLoweyLucas (KY)LutherLynchMaloney (CT)Maloney (NY)MarkeyMascaraMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcDermottMcGovernMcIntyreMcKinneyMcNultyMeehanMeek (FL)Meeks (NY)MenendezMillender-

McDonaldMiller, GeorgeMinkMollohanMooreMoran (VA)Murtha

NadlerNapolitanoNealOberstarObeyOlverOrtizOwensPallonePascrellPastorPaynePelosiPeterson (MN)PhelpsPomeroyPrice (NC)RahallRangelReyesRiversRodriguezRoemerRossRothmanRoybal-AllardRushSaboSanchezSandersSandlinSawyerSchakowskySchiffScottSerranoShermanShowsSkeltonSlaughterSmith (WA)SnyderSolisSprattStarkStenholmStricklandStupakSweeneyTannerTauscherTaylor (MS)Thompson (CA)Thompson (MS)ThurmanTierneyTownsTurnerUdall (CO)Udall (NM)VelazquezViscloskyWatersWatson (CA)Watt (NC)WaxmanWeinerWeldon (PA)WoolseyWuWynn

ANSWERED ‘‘PRESENT’’—1

Istook

NOT VOTING—5

Carson (IN)DeFazio

FordQuinn

Wexler

b 1340

Mr. CUMMINGS, Mr. JACKSON of Il-linois, Ms. MCCOLLUM, Mr. JOHN, Ms.EDDIE BERNICE JOHNSON of Texas,and Mr. CLYBURN changed their votefrom ‘‘yea’’ to ‘‘nay.’’

Mr. ISTOOK changed his vote from‘‘yea’’ to ‘‘present.’’

Ms. GRANGER, and Messrs. LEWISof California, ADERHOLT, DOO-LITTLE, TIAHRT, SHERWOOD, andHOBSON changed their vote from‘‘present’’ to ‘‘yea.’’

So the resolution was agreed to.

The result of the vote was announcedas above recorded.

A motion to reconsider was laid onthe table.

f

MESSAGE FROM THE SENATE

A message from the Senate by Mr.Monahan, one of its clerks, announcedthat the Senate has passed a bill of thefollowing title in which the concur-rence of the House is requested:

S. 1684. An act to provide a 1-year exten-sion of the date for compliance by certaincovered entities with the administrativesimplication standards for electronic trans-actions and code sets issued in accordancewith the Health Insurance Portability andAccountability Act of 1996.

The message also announced thatpursuant to Public Law 107–12, theChair, on behalf of the Majority Lead-er, announces the appointment of thefollowing individuals to serve as mem-bers of the Medal of Valor ReviewBoard:

David E. Demag, of Vermont.Thomas J. Scotto, of New York.The message also announced that

pursuant to Public Law 107–12, theChair, on behalf of the RepublicanLeader, announces the appointment ofthe following individuals to serve asmembers of the Medal of Valor ReviewBoard:

Michael D. Branham, of Arizona.Jimmy Houston, of Mississippi.

f

GENERAL LEAVE

Mr. LEWIS of California. Mr. Speak-er, I ask unanimous consent that allMembers may have 5 legislative dayswithin which to revise and extend theirremarks on the bill (H.R. 3338) makingappropriations for the Department ofDefense for the fiscal year ending Sep-tember 30, 2002, and for other purposes,and that I may include tabular and ex-traneous material.

The SPEAKER pro tempore (Mr.SIMPSON). Is there objection to the re-quest of the gentleman from Cali-fornia?

There was no objection.f

DEPARTMENT OF DEFENSEAPPROPRIATIONS ACT, 2002

The SPEAKER pro tempore. Pursu-ant to House Resolution 296 and ruleXVIII, the Chair declares the House inthe Committee of the Whole House onthe State of the Union for the consider-ation of the bill, H.R. 3338.

The Chair designates the gentlemanfrom Michigan (Mr. CAMP) as chairmanof the Committee of the Whole, and re-quests the gentleman from California(Mr. DREIER) to assume the chair tem-porarily.

b 1343

IN THE COMMITTEE OF THE WHOLE

Accordingly, the House resolveditself into the Committee of the WholeHouse on the State of the Union for theconsideration of the bill (H.R. 3338)

CONGRESSIONAL RECORD — HOUSEH8442 November 28, 2001making appropriations for the Depart-ment of Defense for the fiscal year end-ing September 30, 2002, and for otherpurposes, with Mr. DREIER (Chairmanpro tempore) in the chair.

The Clerk read the title of the bill.The CHAIRMAN pro tempore. Pursu-

ant to the rule, the bill is considered ashaving been read the first time.

Under the rule, the gentleman fromCalifornia (Mr. LEWIS) and the gen-tleman from Pennsylvania (Mr. MUR-THA) each will control 30 minutes.

The Chair recognizes the gentlemanfrom California (Mr. LEWIS).

Mr. MURTHA. Mr. Chairman, willthe gentleman yield?

Mr. LEWIS of California. I yield tothe gentleman from Pennsylvania.

Mr. MURTHA. Mr. Chairman, I amprepared to yield my time so we can

get this bill moving. People have beenwaiting so long. So I am prepared toyield back whenever my colleague isready, Mr. Chairman.

Mr. LEWIS of California. Mr. Chair-man, the gentleman from Pennsylvaniais yielding back his time and he wantsme to follow that course so we can savesome time here today?

Mr. MURTHA. Mr. Chairman, yes.Mr. LEWIS of California. Mr. Chair-

man, does the gentleman from Penn-sylvania (Mr. MURTHA) realize I have atleast a half hour presentation here?

Mr. Chairman, I am happy to yieldsuch time as he might consume to thegentleman from Florida (Mr. YOUNG),the chairman of the committee.

Mr. YOUNG of Florida. Mr. Chair-man, I appreciate the gentleman fromCalifornia (Mr. LEWIS) for yielding me

the time. He will discuss the main partof this bill, which is the $317 billion de-fense package that he and the gen-tleman from Pennsylvania (Mr. MUR-THA), the ranking member, have pro-vided for the Committee on Appropria-tions.

After he does that, I will briefly dis-cuss the $20 billion supplemental thatwe added in the full committee to ex-plain exactly what the President hadrequested and what the committee isrecommending relative to that $20 bil-lion.

So with that explanation, I will letthe gentleman from California (Mr.LEWIS) proceed with his bill, and I willtake up the $20 billion supplemental.At this point, Mr. Chairman, I wouldalso like to insert a table providing de-tail on the $20 billion supplemental.

CONGRESSIONAL RECORD — HOUSE H8443November 28, 2001

CONGRESSIONAL RECORD — HOUSEH8444 November 28, 2001

CONGRESSIONAL RECORD — HOUSEH8448 November 28, 2001Mr. LEWIS of California. Mr. Chair-

man, I yield myself such time as I mayconsume.

I always appreciate hearing from thechairman of the full committee.

Mr. Chairman, the bill before us pro-vides the funding for national defensefor the fiscal year 2002. The base bill,which is the fundamental considerationtoday, involves some $317 billion fornational security; and, Mr. Chairman, Iwould like the entire body to knowthat this bill was prepared and we weretaking it to the committee on the veryday of the tragedy that occurred inNew York.

All of us watched with horror as thatfirst plane hit that first tower and thenin amazement, fear, and anger as we

watched the second plane and the sub-sequent results.

Over these several weeks, the Nationhas reacted in a fashion that all of ushave watched with great interest, forindeed America had been attacked; andfor the first time since World War II,more Americans were killed by a for-eign agent in a single event than hadbeen killed in our history.

As we observed that scene, Americafirst responded in fear, responded inanger and in frustration; and overthese weeks and months now, wewatched as our public has come to-gether in a kind of unified responsethat says directly to the Congress, weexpect you to help America be ready todeal with this war on terrorism that

the President is so ably leading us towage at this moment.

Subsequent to this bill, the base billof $317 billion, as the gentleman fromFlorida (Mr. YOUNG) suggested, there isa supplemental appropriations that af-fects defense that is slightly in excessof some $20 billion. We do not know, wecannot be sure, this may be but onlythe beginning, for the war on terrorismcould indeed go beyond months, intoyears; but there is little question aboutour public’s commitment. We willcarry forward this war against ter-rorism, and we will win this war.

Mr. Chairman, at this point I wouldlike to insert into the RECORD a sum-mary of the provisions of Division A ofthis bill, that is, the Defense Appro-priations bill.

CONGRESSIONAL RECORD — HOUSE H8453November 28, 2001b 1345

Mr. Chairman, I reserve the balanceof my time.

Ms. HARMAN. Mr. Chairman, I support thisbill, but believe we have missed an unprece-dented opportunity to transform the UnitedStates military.

The attacks of September 11 and the threatof anthrax across the country have shown thatthreats to U.S. security no longer come justfrom tanks and bombs. The war in Afghani-stan demonstrates that the military increas-ingly relies on information superiority, long-range power projection, stealth technology,and precision-guided munitions.

It is time to invest more in a defense for the21st century, and to move away fromunneeded bureaucracy and outmoded plat-forms.

We must transform our military into a moreflexible, multi-functional force. We need tech-nologies for intelligence gathering, more ro-bust use of uninhabited vehicles and long-range platforms.

President Bush promised in his campaign toskip ahead to the next generation of militarytechnology. Where is the transformation? TheQuadrennial Defense Review talked grandlyabout progress but put its money into fundingthe status quo.

It was as true before September 11 as it isnow that enemies will use asymmetric meansto exploit American vulnerabilities and use ter-ror to inflict both psychological and physicaldamage.

Our defense must reflect the revolution inmilitary affairs—in weapons systems, in bu-reaucratic organization, and in military infra-structure. We must improve the ‘‘tooth-to-tail’’ratio of fighting capability to support structure.

Most importantly, defense spending on spe-cific weapons or strategies should be propor-tional to the likelihood and seriousness of thethreats.

Mr. Speaker, we all know that resources arelimited. We risk buying less defense for moremoney if we buy the wrong things.

Now that the public is tuned in and thestakes are higher than any point in our history,we fail to act at our own peril.

Mr. STENHOLM. Mr. Chairman, the ap-proach that we are taking to financing the waron terrorism is penny wise and pound foolish.Everyone acknowledges that meeting all ofour challenges in the war on terrorism will re-quire substantially more resources than thisbill provides. In fact, the President’s chief ofhomeland security has said that he will rec-ommend significant increases in funding foragencies involved in the war on terrorism. Yettoday we are being asked to pretend thatthose costs do not exist so that we can makethe budget look better artificially.

Deferring a full discussion on the costs ofcombating terrorism at home and abroad untilnext year will result in higher spending levelsand budget deficits than would be the case ifwe honestly accounted for these costs upfront. Failing to honestly budget for the costsof the war on terrorism will allow us to pretendthat we can afford other tax cuts or spendingproposals that are unrelated to the war on ter-rorism. When we are presented with the inevi-table supplemental early next year to financethe needs not addressed in this bill—which willin all likelihood have a higher price tag than itwould if we addressed those needs now—wewill find that we need to use borrowed money

to pay for the war because we have spent allof our resources.

Our objective must be winning the waragainst terrorism without jeopardizing theeconomy. Congress will be required toprioritize our efforts to strengthen domestic se-curity, fight the war on terrorism, provide as-sistance to dislocated workers and spur oureconomy. These needs will then have to bebalanced with our obligation to protect againstlong-term economic and fiscal harm.

Congress and the administration must worktogether to identify the needs of the variousagencies involved in domestic security, lawenforcement, intelligence, military and otheractivities in the fight against terrorism andreach a bipartisan agreement on the amountof funding required to meet these needs. Anytax cuts or spending increases unrelated tothe war on terrorism must be considered inthe context of an overall budget frameworkwhich sets aside the resources which will beneeded to meet the challenges in the waragainst terrorism.

All members who care about honesty inbudgeting and maintaining fiscal disciplineshould oppose this rule and insist that the ad-ministration and leadership in Congress get to-gether to develop a responsible budget frame-work that honestly addresses all of our prior-ities.

Mr. NUSSLE. Mr. Chairman, I rise to speakon H.R. 3338, providing appropriations for theDepartment of Defense. This bill does not cur-rently comply with the fiscal year 2002 budgetresolution, but is generally consistent with leg-islation recently marked up by the BudgetCommittee in the wake of the terrorist attacksof September 11.

H.R. 3338 is actually comprised of two bills:Division A of the bill provides appropriationsfor the Department of Defense. Division B pro-vides for the obligation of $20 billion in emer-gency-designation appropriations that was pre-viously appropriated as part of a supplementalappropriations measure in September.

Division A of the bill provides $317.2 billionin new discretionary budget authority and$308.9 billion in outlays for the Department ofDefense for fiscal year 2002. This appropria-tion comes on top of approximately $21 billionthat was made available to the Department ofDefense in response to the terrorist attacks.

In order to fully accommodate the defenselevels in this bill, I am adjusting the 302(a) al-location to the Committee on Appropriationsby $17.3 billion in budget authority and $14.9billion in outlays. Section 218 of H. Con. Res.83 authorized the Budget Committee to in-crease the appropriate levels in the Presi-dent’s budget to accommodate any structuralreforms the President might propose as part ofthe national defense review.

Once the Appropriations Committee makesthe necessary changes in its 302(b) alloca-tions, the bill would still exceed the applicable302(b) allocation. This is mostly because thebill implicitly assumes an additional $3.4 billionfor nondefense priorities than the Congressinitially agreed to as part of the budget resolu-tion (H. Con. Res. 83).

You might recall that last month the Officeof Management and Budget announced anagreement with the appropriations committeesto increase total discretionary spending by$3.4 billion. This was apparently the price ofgetting an agreement with the new Senatemajority.

While many members of the Budget Com-mittee believed that the discretionary alloca-tion established pursuant to the budget resolu-tion provided an adequate increase for non-defense priorities, we recognized the need forflexibility if the Congress was to maintain thebipartisan comity necessary to wage a suc-cessful war against terrorism.

In that spirit, the Budget Committee passedH.R. 3084, which revised both the applicablelevels in the budget resolution and the statu-tory caps of accommodate the national de-fense review, but an additional $3.4 billion forvarious nondefense priorities. While I hadhoped to bring this bill to the floor before thedefense appropriations, it now appears thatthis language will be incorporated into one ormore of the appropriations conference reports.

At the end of the day, I am confident thatthis bill will be consistent with the budget reso-lution as modified by H.R. 3083 to reflect ournew priorities in the wake of an economicdownturn and the terrorist attacks of Sep-tember 11.

Division B of the bill essentially permits theobligation of half of the $40 billion that waspreviously appropriated in response to the ter-rorist attacks in September. As you may recall,the supplemental expressly prohibited theCongress from obligating half of the total ap-propriation until a subsequent appropriationsbill is enacted.

Since the previous supplemental designatedthe entire amount as an emergency, I am re-quired to adjust the levels in the budget reso-lution by the entire amount. Accordingly, thispart of the bill will not exceed the applicablelevels in the budget resolution.

Like most of you, I am fully committed toprovide whatever resources are needed towage a successful war against terrorism. How-ever, we would be well advised to hold off onthe next installment until the executive agen-cies have the opportunity to absorb what is al-ready in the pipeline. I am informed that asmuch as $14 billion of the $40 billion that wasprovided in September remains unobligated.As we have proven before, Congress will actexpeditiously to respond to the terrorist actsand to fight this war.

In conclusion, this bill may be a necessaryresponse to terrorist attacks no one couldhave foreseen and an unprecedentedmidsession change in control of the Senate. Attimes such as this, budget concerns shouldnot be paramount. We should set aside par-tisan and institutional concerns for the greaterpublic good.

Nevertheless, both the President and theCongress will soon be confronted with theeconomic and budgetary fallout of its actionsthis fall. Over the course of only four monthswe have now seen the fiscal year 2002 sur-plus fall from $176 billion to zero. It could geteven worse if the economy further deterioratesor we continue to enact bills that exceed thelevels established in the budget resolution. Weare all going to have to continue to work to-gether next year if we are to get the FederalGovernment back on a path toward fiscal re-sponsibility.

Mr. FRELINGHUYSEN. Mr. Chairman, I risetoday in support of H.R. 3338, the fiscal year2002 Defense Appropriations bill. As a mem-ber of this subcommittee, let me first thank ourChairman JERRY LEWIS and our ranking mem-ber, Congressman MURTHA, as well as thestaff for all their hard work in crafting the billwe are considering today.

CONGRESSIONAL RECORD — HOUSEH8454 November 28, 2001Our subcommittee was first scheduled to

begin work on this bill on the morning of Sep-tember 11 at the very hour that terrorists at-tacked our country, killing thousands of ourfellow Americans and forever changing thecourse of our Nation’s history.

America is now at war and our young menand women in the military have been called onto defend our citizens and our Nation. Thecourse of our Nation’s history will not be writ-ten by the terrorists but by the bravery andsuccess of our troops now serving on thefrontlines of this war against terrorism. Andour history will be written, in part, by the ac-tions we take here today.

Today, there is no more important task be-fore this Congress than to provide our militarywith the tools and resources they need to de-fend our citizens and fight for our freedom.Our military needs to know that this Congressnot only supports their mission in theory but insubstance; that we are prepared to take all thenecessary steps and provide all the necessarymeans for their safety and their success inbattle. With this bill, we provide those criticalresources. And let us not forget that even be-fore the events of September 11, our troopshave been and continue to serve on frontlinesaround the globe including in the Balkans,South Korea, the Persian Gulf, and else-where—24 hours a day and throughout theyear.

This subcommittee has worked in a bipar-tisan way to meet the immediate needs of ourtroops and their families, to keep our militaryat the ready, and to invest in all the many, di-verse capabilities we need to protect our citi-zens from all potential threats.

In recent years, this subcommittee hasfought attempts to cut funding for our military.Even as the missions of our military increased,there were those who argued that increasedmilitary spending was no longer a priority. Andthere have always been those who chargedthat we were shortchanging our domestic pri-orities to pay for our military needs. We knowtoday that there is no more vital domestic pri-ority than our nation’s security.

As our troops and military fight in Afghani-stan, it is clear that our investments of thepast are paying dividends today. Whether AirForce, Army, Marines or Navy, these warriorsare more professional, better trained andequipped because of our committee’s long-standing commitment to meet their needs.

Let me discuss just some of those invest-ments we provide for in this bill. Overall, weprovide $317.5 billion for the Department ofDefense and with those dollars, we do the fol-lowing:

First and foremost, we give our troops betterpay.

We add much needed dollars for troop read-iness, training, supplies, and mobility thatallow our Commander in Chief to send ourArmed Forces into battle anywhere and at amoment’s notice.

We add $153 million for our National Guardand reserves, so many of whom have nowbeen called to duty.

We provide for modernizing major weaponsystems that allow us to better combat our en-emies in the air, on the ground and at sea.

We continue to provide over $47 billion forcritical long-term investments in research anddevelopment so we have the most lethal andeffective weapons now and in the future.

We add significant resources to strengthenclassified intelligence programs, and accel-

erate and enhance U.S. military intelligence,surveillance and reconnaissance capabilities.

And we add a new title and $11.7 billion forour homeland defense against chemical, bio-logical and nuclear threats against our citi-zens.

The commitments we make in this bill donot meet every need. As more will be requiredof our troops, more will be required of thisCongress.

Mr. Chairman, as those of us who haveserved in the military know only too well, warsare fought by the young. We know, too, thatfreedom never has, nor will it be this time,free. Liberty is paid for by the sacrifices ofthose who serve. At no time in our nation’shistory has their sacrifice and service beenmore important to the defense of our countryand the security of our future.

Mr. Chairman, I urge my colleagues to passthe fiscal year 2002 Defense Appropriationsbill and to do so unanimously.

Mr. DICKS. Mr. Chairman, I congratulateChairman LEWIS and Ranking Member MUR-THA on this bill. It is a fine piece of work andthey can be proud.

The bill provides $317 billion for DOD, anincrease of $20 billion over last year’s bill, astep in the right direction.

It is the right direction, but we have notdone nearly enough. DOD still has over $25billion in unfunded requirements for Personnel,O&M and Research, and beyond that over$20 billion in unfunded requirements for pro-curement alone.

I am most troubled by the shortfalls in pro-curement because the President’s request forprocurement this was lower than it was in thelast year of the Clinton Administration. Thecommittee has taken some steps to correctthat, but the President must make a commit-ment to increase the procurement budget if weare really going to make progress on thisproblem.

Several important steps are taken in this billto modernize the force structure of the serv-ices in innovative ways.

I am pleased that the committee included$454 million to help the Air Force begin ac-quiring next generation replacements for itstanker fleet and to add to its JSTARS fleet.The current tanker fleet averages over 40years in age, and yet it is the backbone of ourability as a superpower to project force toplaces like Afghanistan. The Air Force des-perately needs to replace these aircraft andthis bill begins that process. I am hopeful thatat the appropriate time we will also considerwhether the Air Force can lease these aircraftin a commercial type arrangement. The fund-ing also begins development of a Multi-Mis-sion Command and Control Aircraft, which willoperationalize the Common Widebody conceptand streamline the fleet of command and con-trol and intelligence, surveillance, and recon-naissance aircraft.

I am strongly encouraged that the com-mittee included $80 million to continue up-grades to the B–2 bomber. We are continuingthe Link 16 Datalink program, we will completethe integration of the EGBU–28 bunker busterbomb, and we will continue to upgrade theEHF Satcom program. All of these programsare part of the Air Force’s unfunded require-ments list and continue ongoing programs thatare urgently needed.

The committee has also made a decisionwhich makes tremendous military and financial

sense, to convert all four retiring Trident sub-marines into SSGN cruise missile platforms.These ships will provide incredible capabilityto the nation, and the committee’s addition of$463 million will allow the Navy to performthese conversions in the most cost effectiveway possible.

I am also pleased to note that the com-mittee included an additional $181 million tobegin a second C–17 multi-year procurementfor another 60 aircraft.

Future military commanders and future gen-erations of Americans will look back on thesedecisions in several years and applaud thecommittee’s foresight. These assets will en-sure that America can continue to fight for justcauses with the same excellence as the mili-tary which is in Afghanistan today.

Mr. BEREUTER. Mr. Chairman, this Mem-ber rises in strong support for H.R. 3338, theDefense appropriations bill for FY2002. ThisMember would like to offer particular thanks tothe chairman of the Subcommittee on Depart-ment of Defense Appropriations, the distin-guished gentleman from California (Mr.LEWIS), and the ranking minority member onthe Subcommittee on Department of DefenseAppropriations, the distinguished gentlemanfrom Pennsylvania (Mr. MURTHA), for theirwork on this important bill.

Additionally, this Member is pleased tothank the Committee on Appropriations for in-cluding $3.8 million in fiscal year 2002 for theAir National Guard’s Project ALERT. Currently,Project ALERT serves as an on-line trainingtool developed and used by the Nebraska Na-tional Guard in collaboration with the Depart-ment of Defense, the National Guard Bureau,the University of Nebraska, and NebraskaEducational Television. The $3.8 million ap-propriated in H.R. 3338 will assist with thecompletion of the initial development and im-plementation phases.

Indeed, the implications of Project ALERTextend nationwide and to components of boththe active and reserve military forces. Allowingmilitary forces to complete some trainingcourses on their own time, as Project ALERTdoes, provides an opportunity to cut on-sitetraining costs and time and to maximize exer-cise time. For the U.S. military to meet thechallenges it will face during the current waron terrorism and throughout the 21st century,it is crucial that Congress invest in innovativeand flexible training tools such as ProjectALERT.

In closing, Mr. Chairman, this Member urgeshis colleagues to support H.R. 3338.

Mr. BLUMENAUER. Mr. Chairman, our an-nual defense authorization and appropriationsbills provide opportunity to respond to chang-ing global security conditions. Our military isthe best-equipped and best-trained by far inthe world, spending more than the next 15countries combined (and 12 of those are ourclose allies). We need a new beginning nowmore than ever.

Today, we need to begin anew to guaranteeour security from the threats of today and to-morrow as well as to protect the wellbeing offighting forces and their families.

Ever since I have been in Congress, wehave been making noises about restructuringour forces to meet tomorrow’s threat. Makingcompromises leaves us vulnerable. We arenot making the hard choices on a number ofcrucial issues such as dealing with excessbase infrastructure, facing environmental

CONGRESSIONAL RECORD — HOUSE H8455November 28, 2001cleanup costs, and rendering decisions aboutweapons systems that do not fit today’s world.I cannot support a bill that does not makethose hard choices.

I do appreciate the hard work of the com-mittee and the importance of the task. Yet,this is not the time for us to continue with apatchwork approach to our defense needs thatlooks to our past and not to the real threat forthe future. The most perplexing expenditure inthis bill is for national missile defense. Sep-tember 11 demonstrated that we have moreimmediate security threats to the UnitedStates than a missile from a rogue state tenyears from now.

The anthrax attack which paralyzed Wash-ington, DC, together with the terrorist attackson the World Trade Center and the Pentagon,demonstrated that we have threats here andnow that demand attention and demand re-sources. Spending perhaps a hundred billiondollars or more on unproven technology forthe vague future threat of intercontinental bal-listic missiles when we have more immediateconcerns is not an appropriate response. Thefact that it would have a potential destabilizingeffect on other countries at precisely the timewhen we want them to coalesce around ourleadership is even more reason to reject thisapproach. Increasing spending on missile de-fense by almost 50 percent over last year isnot reasonable.

There are other examples of current weap-ons systems which are just as bad if not soexpensive. The Army plans to spend over $10billion to field its lightweight force of the futurethat can go anywhere in the world in under100 hours. At the same time, it is moving fullspeed ahead with the $13 billion Crusadermobile howitzer that is too heavy for even thelargest planes in our arsenal to lift. My con-cern was best expressed by a Bush policy ad-viser quoted in U.S. News and World Reportthis summer. ‘‘Why would you buy the sameartillery pieces that Napoleon would under-stand? It’s all Industrial Age equipment.’’

There are at least eight big-ticket weaponssystems in this bill for which spending far ex-ceeds levels requested by the White House—by almost a billion dollars. When Vice-Presi-dent DICK CHENEY was Secretary of Defense,he tried but failed to kill the V–22 Osprey air-craft program. It has been involved with 30 fa-talities in four crashes; nonetheless appropri-ators earmarked $1.8 billion to buy 11 more ofthese questionable aircraft.

The most obvious yet controversial examplewhere we spend money fighting wars of theprevious generation is the number of militarybases that, in some cases, are left over fromWorld War I and World War II. To right-sizethe U.S. military by undertaking another roundof the base closing process will help us toadequately prepare ourselves to face the chal-lenges of today.

Our budget process needs to follow throughon some of the stated intentions of SecretaryRumsfeld. The Quadrennial Defense Reviewwas released in early October, yet a generalwho had worked on it for six months said itwas rendered irrelevant by the September 11attack. No major weapons systems were cutnor were there any force structure changes.The 2-Major Regional Contingency (MRC)strategy (to fight two major wars simulta-neously) remains in place with only minortweaking. We have yet to implement the priorQDR call to reduce force structure and equip-

ment, for example reducing the number of F–22s purchased. The 1997 QDR made moresubstantive changes than this one, eventhough the world was more stable.

John Isaacs, president of the arms controlorganization Council for a Livable World, wasright when he said, ‘‘Review after review hasbeen completed without taking a hard look atnew weapons systems. It’s full steam aheadwith the status quo. Congress is only encour-aging this behavior by approving huge in-creases in military spending. We could easilyapproach $400 billion in military spending andrival the peak cold-war budgets of the Reaganadministration.’’

It is important to bear in mind that for FY02,so far we have allocated a total of $363 billionfor the Department of Defense. That includesthe $318 billion in this defense appropriationsbill, as well as the military spending in the mili-tary construction and energy and water appro-priations bills, and the $21 billion for the de-fense portion of the $40 billion post-Sep-tember 11 supplemental. This is a 15 percentincrease over the $316 billion spent in FY01.For reference, the consumer price index rose2.6 percent last year. In addition, it is highlylikely that we will consider at least one othersupplemental in 2002.

We all should be concerned that the man-agement of these large sums of money maynot receive the priority it deserves. Accordingto an audit by the DOD inspector generaldated September 19: ‘‘Of the $4.4 trillion indepartment-level accounting entries . . . $1.1trillion were unsupported or improper.’’ InFY98, 2,993 parts requisitioned by the militaryservices had a price growth of 1,000 percentor more, according to the General AccountingOffice. In one case, the unit price for a ballbearing jumped from 4 cents in 1997 to$11.25 in 1998. In another case, the price ofan aircraft filter went from $41.96 to $972.71during the same period.

One critical function that is seriously under-funded is cleaning up our military’s toxic leg-acy. This bill includes a line item for the veryfirst time for research and development onunexploded ordnance, the 10–15 percent ofthe bombs and shells that did not detonate asintended. However, we are not addressing itseriously. We are spending only $17.3 million(a small increase of $2–5 million) when we arespending a total of a billion dollars a day onour military.

This is a glimmer of a better future, but thisbill overall is basically an environmental re-treat. It contains an 18 percent reduction fromlast year’s level for all environmental restora-tion at formerly used defense sites for a totalof $190 million. In the critical area of cleaningup unexploded ordnance and other environ-mental restoration at formerly used defensesites, this budget falls far short. Even if, as wehope, the Senate Appropriations Committeerestores the funding to last year’s level, that isinsufficient. A General Accounting Office re-port earlier this year states that DOD’s ownestimates put the cost of cleaning up UXOalone at these sites at over $100 billion, butexperts expect the bill to be much greater. Wehave as much as 50 million acres that is po-tentially contaminated with UXO. Our failure tofund cleanup of these formerly used defensesites is unacceptable.

There are other ways that this bill fails tomeet the critical need for environmental clean-up. It has only been in recent decades that

our military has had to face the enormous ex-pense and political challenge of becoming‘‘greener.’’ Local communities are asking whymilitary units should be exempt from Federallaws like the Clean Water Act. The Maine-based Military Toxics Project recently reportedthat military exemptions from laws and lax en-forcement by regulatory agencies have pro-duced over 27,000 toxic hot spots on 8,500military properties. Minority and Native Amer-ican groups, which often live closest to militaryfacilities, see the issue as one of environ-mental justice.

The Legacy Program assists the Depart-ment of Defense (DOD) in maintaining biologi-cal diversity, and the sustainable use of landand water resources for military mission andother uses. As part of DOD’s efforts to main-tain biodiversity, the Legacy Program has di-rectly supported natural resource projectsaround the country. The natural resource fund-ing levels in this bill before us today were re-duced from previous funding levels and will re-strict the Legacy Program’s ability to continueprotecting our nation’s natural resources.

What is particularly disappointing is that ourcommitment to be a good neighbor is abso-lutely essential in order to be able to have thepublic support and confidence to do what themilitary needs to do. Our military needs tohave areas where it can train and in somecases, use live ammunition. The extent towhich the public can’t rely on safe cleanupand disposal will cause it to be less interestedin having these practices continue where theyare or to be located elsewhere.

DOD is faced with cleaning up the contami-nation from decaying ordnance, mothballedwarships, fuels, solvents, and other pollutantsleft over from the wars of the 20th century andbefore. This costs money and must be a pri-ority.

There is a recognition that the United Statescontinues to have more military base infra-structure than it needs but faces political andcommunity resistance regarding base clo-sures. The problem goes beyond just the eco-nomic loss suffered from base realignmentand closure. Those areas that are abandonedby the military often cannot be easily con-verted to other productive uses. Witness thecontinuing saga of facilities around the countrylike Fort Ord ten years after it was closed.

The failure of the United States Departmentof Defense to be able to respond meaningfullyand to quickly clean up former bases, restorethem to a safe condition, and then turn themover to the community without a cloud of un-certainty means yet another reason for com-munities to resist base closure. They don’ttrust us. The evidence suggests they havegood reason to be suspicious. Adequate fund-ing for remediation and cleanup of toxic anddangerous wastes will not only hasten thisland’s restoration to productive use; it will alsoraise confidence so that we’ll have positive ex-amples that base closure does not need to bedevastating to communities, and that, in fact,it can be a positive development. The failureof this budget of a billion dollars a day tomake additional progress, whether for environ-mental protection or capacity to fight terroristactivity, is unacceptable.

It is unacceptable that we have an 18 per-cent decrease in funding to pay for cleanup ofplaces like the area around American Univer-sity where residents are still at risk caused byhazards left over from World War I, while at

CONGRESSIONAL RECORD — HOUSEH8456 November 28, 2001the same time we are increasing overallspending for our military by 15 percent and in-creasing missile defense spending by 50 per-cent. Those are misplaced priorities, in myview.

We must begin now to finally shift from cold-war spending and World War II bases. It istime for a new era to meet our needs for fu-ture defense. Until we have a bill that makesthis transition, I must withhold my support.

Mr. WATTS of Oklahoma. Mr. Chairman, Iam pleased that this body is taking up the fis-cal year 2002 Defense appropriations billtoday. As our courageous military servicemen‘‘fight the good fight’’ in Central Asia today,there is hardly a more pressing time for thepassage of this bill. The amount of $317.5 bil-lion, $19 billion over last year’s level, is an im-portant first step in both waging the war onterrorism and addressing readiness shortfallsthat have been years in the making.

Especially important in this bill is the $1.7billion addition we added for a ‘‘rapid-responsecapability’’ for the war against terrorism. I alsoapplaud the Appropriations Committee for pro-viding for $7.9 billion for ballistic missile de-fense, an increase of $2.7 billion over lastyear. Combating weapons of mass destructioncould never be more important than it is today.

Mr. Chairman, I am also pleased to informmy constituents of military constructionprojects previously passed totaling more than$52 million to be located in Oklahoma’s FourthDistrict. Military installations in my congres-sional district are on the front lines of the waragainst terrorism, and this bill helps addresssome of the more urgent needs at these facili-ties.

Mr. Chairman, in short, this bill is about in-creased security, about advancing our nationalinterest, and about protecting ourselves froman asymmetric threat. This body has correctlytaken the lead on the threats we face today.

Ms. BROWN of Florida. Mr. Chairman,thank you to Chairman LEWIS and Mr. MURTHAfor your hard work on this bill. As we discussways in which this House will support this na-tion’s defenses, I feel there is no better timeto thank the brave men and women who arepresently risking their lives in Operation InfiniteJustice. With their help we will continue to rootout and destroy the terrorist networks thatthreaten peaceful nations throughout theworld.

I want to commend the committee for not in-cluding in this bill any BRAC language, whichwould have closed military bases at a timewhen we all can agree that we need a strongmilitary. Now is not the time to close trainingfacilities for our military. It is a long and toughroad ahead for us as we rid the world of thoseterrorist elements who wish to do us harm. Wemust be fully prepared to meet those chal-lenges and that means using the resourcesthat we have, not stripping our military of vitalbases.

The tragedy of September 11 has givenAmerican an opportunity to do some soulsearching. As we struggle for answers, wemust not let our resolve grow weaker. Wemust always remember this tragedy—theenormous pain and suffering it has caused—and work to make our nation and this world asafer and more peaceful place.

Again, my heart and prayers are with thefamily and friends of those who perished onSeptember 11. Neither you, nor your lovedones, will be forgotten. As we consider this bill

today, it is with you in mind. God bless youand God bless America.

Mr. BENTSEN. Mr. Chairman, I rise in sup-port of H.R. 3338, important legislation thatprovides $317.5 billion appropriations to theDepartment of Defense (DOD), supporting thehonorable men and women, at home andabroad that are in service to the nation at thiscritical time. While I am pleased that thismeasure provides $20 billion in supplementalspending to meet the pressing needs in thewake of the terrorist attacks of September 11,2001, I am disappointed with the House RulesCommittee’s decision to block an amendmentby Mr. OBEY of Wisconsin that seeks to en-hance our domestic preparedness by increas-ing funding by $7.5 billion, to a level that thePresident said he would approve.

Mr. Chairman, the attacks and the anthraxincidents that followed highlight the necessityfor adopting a comprehensive approach tohomeland security that, while fundamentallybased on our military strength and intelligenceactivities also relies heavily on bioterrorismpreparedness among Federal, state and locallaw enforcement and public health officials, aswell as active policing of our borders and theseas that surround us. For this reason, Istrongly believe that the House should havebeen given the opportunity to debate the mer-its of the Obey amendment. While there maybe instances where post-September 11 spend-ing requests made to the Appropriations Com-mittee are simply repackaged proposals thathave been repeatedly rejected, there are anumber of areas where the urgent need for in-creased funding cannot be ignored.

Specifically, as the representative for thePort of Houston, the nation’s second largestport, I have met twice with the U.S. CoastGuard and learned about the new challengesinvolved in securing the Port of Houston in thewake of September 11. We now know that ourtransportation infrastructure has been targetedby the al Qaeda terrorist network, and thebombing of the U.S.S. Cole in October 2000proves that they are capable of carrying outmaritime attacks. I strongly believe that the$368 million increase in Coast Guard funding,as provided under the Obey amendment, isessential to ensuring that the Coast Guard cancontinue to provide enhanced security in ourwaterways and seaports. H.R. 3338 providesonly $145 million for the Coast Guard, wellbelow the President’s $203 million request.

Moreover, Mr. Chairman, I regret that theHouse will not be allowed to provide enhancedsupport of state and local health departmentsand hospitals in their efforts to protect againstbioterrorism, as provided under the Obeyamendment. The Obey amendment wouldhave raised funding to state and local publichealth entities to $700 million, $277 millionmore than provided for under H.R. 3338. Mr.Chairman, though the effort to identify andtreat incidents of biological terrorism put forthby the public health community since Sep-tember 11 is to be commended, a lot moreneeds to be done. It is critical that the Houseappreciate that state and local health depart-ments, the first line of defense against bioter-rorism, cannot bear the financial burden ofmeeting this challenge alone.

I would also note that the Obey amendmentwould address the new realities in our mailsystem. Recent events have created an envi-ronment where the confidence of the Amer-ican people about the safety of their mail serv-

ice has been drawn into question. The Obeyamendment would have given the U.S. PostalService an additional $500 million to enhancethe safety of our mail.

Mr. Chairman, though I take strong issuewith the limitations on the debate of H.R. 3338is terribly flawed and believe that the Obeyamendment would have greatly enhanced ourhomeland defense efforts, I will still vote forthe underlying bill. I believe that H.R. 3338provides our Armed Forces with the tools andresources necessary to wage the war againstterrorism and provide a strong defense. Addi-tionally, I am pleased that H.R. 3338 includesfunding for three important programs which Isupport.

H.R. 3338 includes $8 million for the Dis-ease Relief and Emergency Medical Services(DREAMS) programs, an innovative researchprogram to develop cutting-edge technology tosave lives and reduce costs for injured per-sons. DREAMS is a joint project between theUniversity of Texas Houston Health ScienceCenter and Texas A&M University System.The goal of DREAMS is to quickly transmitmedical information via audio-visual devicesfrom a remote location to an emergency physi-cian to provide cutting-edge treatments for pa-tients. This $8 million is the final installment inour five-year effort to provide better treatmentsand save lives.

H.R. 3338 also includes $6 million for theBiology, Education, Screening,Chemoprevention, and Treatment (BESCT)Lung Cancer Research Program at the Univer-sity of Texas M.D. Anderson Cancer Centerwhich I represent. The comprehensive BESCTprogram will provide lung cancer patients withnumerous services including smoking ces-sation, early diagnosis, inhibition of cancer de-velopment, and new treatments for lung can-cer patients. Lung cancer is the leading causeof cancer death in the United States, killingmore than 160,000 individuals a year. Thecurrent five-year survival rate for lung canceris less than 15 percent. With more research,we will find new ways to diagnosis and treatthis devastating disease. This $6 million rep-resents the third installment on our five-yeareffort to reduce lung cancer and save lives.

H.R. 3338 also includes $1 million for theMemorial Hermann Telemedicine network. Me-morial Hermann Hospital at the Texas MedicalCenter in my district is developing a telemedi-cine network to provide treatments for patientsfrom distant locations. Telemedicine applica-tions have been shown to save lives and re-duce health care costs by reducing the needfor patients to travel to large medical facilitiesfor routine treatments which can be done fromremote locations. The Memorial HermannHealthcare System (MHHS) currently serves16 rural community hospitals in surroundingareas around the Memorial Hermann Hospital.This network will enable Memorial Hermann tooffer diagnostic and consultative services torural communities surrounding Houston. This$1 million investment will help MHHS to ex-pand and buy additional equipment for thisnetwork so that MHHS can develop real-timetreatments for remote locations. As part of theDepartment of Defense’s biological warfare ini-tiative, I believe that this telemedicine networkwill be designed to prepare the Houston areafor such an attack. I believe that this partner-ship will give the Department of Defense an-other resource as it works to care for thehealth of our men and women in uniform.

CONGRESSIONAL RECORD — HOUSE H8457November 28, 2001Mr. Chairman, additionally, I would like to

commend the Appropriations Committee forproducing a bill that funds the Operations andMaintenance (O&M) accounts or the budget’s‘‘readiness’’ account at $105 billion, a leveladequate to operate and maintain U.S. forces,materials and facilities worldwide in upcomingfiscal year. This funding level represents an 8percent increase over the current level or anincrease of current level. I am pleased that thesalaries of uniformed members of the U.S.armed services will be increased by 4.6 per-cent. Mr. Chairman, many of us in Congressare greatly troubled that many military familiesmust obtain food stamps to get by. At timessuch as these, when we ask so much of ourservice members and their families, it is criticalthat the Congress send the message that wevalue their dedication to protecting us all andis committed to ensuring that they have thetools to provide for their families. I am dis-appointed that H.R. 3338 fails to create paritybetween civilian employees at DOD and uni-formed members of the Armed Services.

Finally, Mr. Chairman, I am pleased thatH.R. 3338 looks out beyond our present mili-tary needs and invests in the next generationof multi-role fighter aircraft, the Joint StrikeFighter (JSF), to be produced by LockheedMartin, an aviation leader with a strong pres-ence in my State. H.R. 3338 provides $767million in funding to Navy JSF developmentbudget and $780 million in funding to the AirForce JSF development budget.

Mr. Chairman, notwithstanding my deep re-grets over the Rules Committee’s actions, withrespect to the Obey amendment, I urge mycolleagues to join me in supporting H.R. 3338which funds our Armed Forces and makes asubstantial commitment to homeland defenseat this critical juncture in our nation’s history.

Ms. BALDWIN. Mr. Chairman, I rise today insupport of the Kucinich-Lee amendments tothe FY02 Defense appropriations bill and urgemy colleague to vote in favor of this excellentamendment.

Since the horrible events of September 11,Americans are more concerned than everabout our national defense. They want toknow that our national leaders are working toensure their safety from terrorist attacks. Pro-tecting American lives must be our top priorityas we address these new threats.

In this new context, it is critically importantthat we prioritize funding for those threatsmost likely to endanger American lives. TheKucinich-Lee amendment wisely allocates ad-ditional funding to respond to weapons ofmass destruction. It increases funding forWeapons of Mass Destruction Civil SupportTeams to ensure that every state and territorycan respond to a chemical or biological weap-on attack. It would also provide much neededfunding for development and production ofvaccines against biological agents. Finally, theamendment provides additional funding for theNunn-Lugar counterproliferation programs toprevent the spread of nuclear material fromthe former Soviet Union.

As we prioritize those threats that pose thegreatest danger to Americans and those solu-tions that are most cost effective, it becomesquite clear that a National Missile Defense(NMD) system is not an effective use of ourresources. The Kucinich-Lee amendmentwould eliminate some of the accelerated NMDprogramming, while leaving in place a signifi-cant increase in NMD funding.

While I firmly believe that the entire pro-posed $7.9 billion in NMD spending would bemore effective if applied to other priorities, theKucinich-Lee cut of $786.5 million is a goodstart in using this money more effectively. Bycutting funding for construction of the ‘‘PacificTest Bed’’ ballistic missile defense facilities,we maintain our compliance with the Anti-ballistic Missile (ABM) Treaty, which has beenthe foundation for nuclear arms control.

I urge my colleague to adopt the Kucinich-Lee amendment.

Mr. MURTHA. Mr. Chairman, I yieldback the balance of my time.

Mr. LEWIS of California. Mr. Chair-man, I yield back the balance of mytime.

The CHAIRMAN. All time for generaldebate has expired.

Pursuant to the rule, the bill shall beconsidered for amendment under the 5-minute rule and the amendment print-ed in House Report 107–303 is adopted.

During consideration of the bill foramendment, the Chair may accord pri-ority in recognition to a Member offer-ing an amendment that he has printedin the designated place in the CONGRES-SIONAL RECORD. Those amendmentswill be considered read.

The Clerk will read.The Clerk read as follows:

H.R. 3338Be it enacted by the Senate and House of Rep-

resentatives of the United States of America inCongress assembled,DIVISION A—DEPARTMENT OF DEFENSE

APPROPRIATIONS, 2002The following sums are appropriated, out

of any money in the Treasury not otherwiseappropriated, for the fiscal year ending Sep-tember 30, 2002, for military functions ad-ministered by the Department of Defense,and for other purposes, namely:

TITLE IMILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing,subsistence, interest on deposits, gratuities,permanent change of station travel (includ-ing all expenses thereof for organizationalmovements), and expenses of temporary dutytravel between permanent duty stations, formembers of the Army on active duty (exceptmembers of reserve components provided forelsewhere), cadets, and aviation cadets; andfor payments pursuant to section 156 of Pub-lic Law 97–377, as amended (42 U.S.C. 402note), and to the Department of DefenseMilitary Retirement Fund, $23,336,884,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing,subsistence, interest on deposits, gratuities,permanent change of station travel (includ-ing all expenses thereof for organizationalmovements), and expenses of temporary dutytravel between permanent duty stations, formembers of the Navy on active duty (exceptmembers of the Reserve provided for else-where), midshipmen, and aviation cadets;and for payments pursuant to section 156 ofPublic Law 97–377, as amended (42 U.S.C. 402note), and to the Department of DefenseMilitary 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 (includ-ing all expenses thereof for organizationalmovements), and expenses of temporary dutytravel between permanent duty stations, for

members of the Marine Corps on active duty(except members of the Reserve provided forelsewhere); and for payments pursuant tosection 156 of Public Law 97–377, as amended(42 U.S.C. 402 note), and to the Department ofDefense 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 (includ-ing all expenses thereof for organizationalmovements), and expenses of temporary dutytravel between permanent duty stations, formembers of the Air Force on active duty (ex-cept members of reserve components pro-vided for elsewhere), cadets, and aviation ca-dets; and for payments pursuant to section156 of Public Law 97–377, as amended (42U.S.C. 402 note), and to the Department ofDefense Military Retirement Fund,$19,784,614,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Army Reserve on activeduty under sections 10211, 10302, and 3038 oftitle 10, United States Code, or while servingon active duty under section 12301(d) of title10, United States Code, in connection withperforming duty specified in section 12310(a)of title 10, United States Code, or while un-dergoing reserve training, or while per-forming drills or equivalent duty or otherduty, and for members of the Reserve Offi-cers’ Training Corps, and expenses author-ized by section 16131 of title 10, United StatesCode; and for payments to the Department ofDefense Military Retirement Fund,$2,629,197,000.

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Navy Reserve on active dutyunder section 10211 of title 10, United StatesCode, or while serving on active duty undersection 12301(d) of title 10, United StatesCode, in connection with performing dutyspecified in section 12310(a) of title 10, UnitedStates Code, or while undergoing reservetraining, or while performing drills or equiv-alent duty, and for members of the ReserveOfficers’ Training Corps, and expenses au-thorized by section 16131 of title 10, UnitedStates Code; and for payments to the Depart-ment of Defense Military Retirement Fund,$1,644,823,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Marine Corps Reserve on ac-tive duty under section 10211 of title 10,United States Code, or while serving on ac-tive duty under section 12301(d) of title 10,United States Code, in connection with per-forming duty specified in section 12310(a) oftitle 10, United States Code, or while under-going reserve training, or while performingdrills or equivalent duty, and for members ofthe Marine Corps platoon leaders class, andexpenses authorized by section 16131 of title10, United States Code; and for payments tothe Department of Defense Military Retire-ment Fund, $466,800,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Air Force Reserve on activeduty under sections 10211, 10305, and 8038 oftitle 10, United States Code, or while servingon active duty under section 12301(d) of title10, United States Code, in connection withperforming duty specified in section 12310(a)of title 10, United States Code, or while un-dergoing reserve training, or while per-forming drills or equivalent duty or other

CONGRESSIONAL RECORD — HOUSEH8458 November 28, 2001duty, and for members of the Air Reserve Of-ficers’ Training Corps, and expenses author-ized by section 16131 of title 10, United StatesCode; and for payments to the Department ofDefense Military Retirement Fund,$1,055,160,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Army National Guard whileon duty under section 10211, 10302, or 12402 oftitle 10 or section 708 of title 32, UnitedStates Code, or while serving on duty undersection 12301(d) of title 10 or section 502(f ) oftitle 32, United States Code, in connectionwith performing duty specified in section12310(a) of title 10, United States Code, orwhile undergoing training, or while per-forming drills or equivalent duty or otherduty, and expenses authorized by section16131 of title 10, United States Code; and forpayments to the Department of Defense Mili-tary Retirement Fund, $4,004,335,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence,gratuities, travel, and related expenses forpersonnel of the Air National Guard on dutyunder section 10211, 10305, or 12402 of title 10or section 708 of title 32, United States Code,or while serving on duty under section12301(d) of title 10 or section 502(f ) of title 32,United States Code, in connection with per-forming duty specified in section 12310(a) oftitle 10, United States Code, or while under-going training, or while performing drills orequivalent duty or other duty, and expensesauthorized by section 16131 of title 10, UnitedStates Code; and for payments to the Depart-ment of Defense Military Retirement Fund,$1,777,654,000.

TITLE IIOPERATION AND MAINTENANCEOPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)For expenses, not otherwise provided for,

necessary for the operation and maintenanceof the Army, as authorized by law; and notto exceed $10,794,000 can be used for emer-gencies and extraordinary expenses, to be ex-pended on the approval or authority of theSecretary of the Army, and payments maybe made on his certificate of necessity forconfidential military purposes,$21,021,944,000: Provided, That of the fundsmade available under this heading, $1,000,000,to remain available until expended, shall betransferred to ‘‘National Park Service—Con-struction’’ within 30 days of the enactmentof this Act, only for necessary infrastructurerepair improvements at Fort Baker, underthe management of the Golden Gate Recre-ation Area: Provided further, That of thefunds appropriated in this paragraph, notless than $355,000,000 shall be made availableonly for conventional ammunition care andmaintenance.

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for,necessary for the operation and maintenanceof the Navy and the Marine Corps, as author-ized by law; and not to exceed $6,000,000 canbe used for emergencies and extraordinaryexpenses, to be expended on the approval orauthority of the Secretary of the Navy, andpayments may be made on his certificate ofnecessity for confidential military purposes,$26,628,075,000.OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for,necessary for the operation and maintenanceof 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; andnot to exceed $7,998,000 can be used for emer-gencies and extraordinary expenses, to be ex-pended on the approval or authority of theSecretary of the Air Force, and paymentsmay be made on his certificate of necessityfor confidential military purposes,$25,842,968,000: Provided, That notwith-standing any other provision of law, that ofthe funds available under this heading,$750,000 shall only be available to the Sec-retary of the Air Force for a grant to FloridaMemorial College for the purpose of fundingminority aviation training.OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses, not otherwise provided for,necessary for the operation and maintenanceof activities and agencies of the Departmentof Defense (other than the military depart-ments), as authorized by law, $12,122,590,000,of which not to exceed $25,000,000 may beavailable for the CINC initiative fund ac-count; and of which not to exceed $33,500,000can be used for emergencies and extraor-dinary expenses, to be expended on the ap-proval or authority of the Secretary of De-fense, and payments may be made on his cer-tificate of necessity for confidential militarypurposes: Provided, That notwithstandingany other provision of law, of the funds pro-vided in this Act for Civil Military programsunder this heading, $750,000 shall be availablefor a grant for Outdoor Odyssey, RoaringRun, Pennsylvania, to support the Youth De-velopment and Leadership program and De-partment of Defense STARBASE program:Provided further, That of the funds madeavailable in this paragraph, $1,500,000 shallbe available only for continuation of theMiddle East Regional Security Issues pro-gram: Provided further, That none of thefunds appropriated or otherwise made avail-able by this Act may be used to plan or im-plement the consolidation of a budget or ap-propriations liaison office of the Office of theSecretary of Defense, the office of the Sec-retary of a military department, or the serv-ice headquarters of one of the Armed Forcesinto a legislative affairs or legislative liaisonoffice.

OPERATION AND MAINTENANCE, ARMYRESERVE

For expenses, not otherwise provided for,necessary for the operation and mainte-nance, including training, organization, andadministration, of the Army Reserve; repairof facilities and equipment; hire of passengermotor vehicles; travel and transportation;care of the dead; recruiting; procurement ofservices, supplies, and equipment; and com-munications, $1,788,546,000.OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for,necessary for the operation and mainte-nance, including training, organization, andadministration, of the Navy Reserve; repairof facilities and equipment; hire of passengermotor vehicles; travel and transportation;care of the dead; recruiting; procurement ofservices, supplies, and equipment; and com-munications, $1,003,690,000.OPERATION AND MAINTENANCE, MARINE CORPS

RESERVE

For expenses, not otherwise provided for,necessary for the operation and mainte-nance, including training, organization, andadministration, of the Marine Corps Reserve;repair of facilities and equipment; hire ofpassenger motor vehicles; travel and trans-portation; care of the dead; recruiting; pro-curement of services, supplies, and equip-ment; and communications, $144,023,000.

OPERATION AND MAINTENANCE, AIR FORCERESERVE

For expenses, not otherwise provided for,necessary for the operation and mainte-

nance, including training, organization, andadministration, of the Air Force Reserve; re-pair of facilities and equipment; hire of pas-senger motor vehicles; travel and transpor-tation; care of the dead; recruiting; procure-ment of services, supplies, and equipment;and communications, $2,029,866,000.

OPERATION AND MAINTENANCE, ARMYNATIONAL GUARD

For expenses of training, organizing, andadministering the Army National Guard, in-cluding medical and hospital treatment andrelated expenses in non-Federal hospitals;maintenance, operation, and repairs tostructures and facilities; hire of passengermotor vehicles; personnel services in the Na-tional Guard Bureau; travel expenses (otherthan mileage), as authorized by law forArmy personnel on active duty, for ArmyNational Guard division, regimental, andbattalion commanders while inspecting unitsin compliance with National Guard Bureauregulations when specifically authorized bythe Chief, National Guard Bureau; supplyingand equipping the Army National Guard asauthorized by law; and expenses of repair,modification, maintenance, and issue of sup-plies and equipment (including aircraft),$3,723,759,000.OPERATION AND MAINTENANCE, AIR NATIONAL

GUARD

For operation and maintenance of the AirNational Guard, including medical and hos-pital treatment and related expenses in non-Federal hospitals; maintenance, operation,repair, and other necessary expenses of fa-cilities for the training and administrationof the Air National Guard, including repairof facilities, maintenance, operation, andmodification of aircraft; transportation ofthings, hire of passenger motor vehicles; sup-plies, materials, and equipment, as author-ized by law for the Air National Guard; andexpenses incident to the maintenance anduse of supplies, materials, and equipment, in-cluding such as may be furnished fromstocks under the control of agencies of theDepartment of Defense; travel expenses(other than mileage) on the same basis as au-thorized by law for Air National Guard per-sonnel on active Federal duty, for Air Na-tional Guard commanders while inspectingunits in compliance with National Guard Bu-reau regulations when specifically author-ized by the Chief, National Guard Bureau,$3,972,161,000.

OVERSEAS CONTINGENCY OPERATIONSTRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)For expenses directly relating to Overseas

Contingency Operations by United Statesmilitary forces, $2,744,226,000, to remainavailable until expended: Provided, That theSecretary of Defense may transfer thesefunds only to military personnel accounts;operation and maintenance accounts withinthis title; the Defense Health Program ap-propriation; procurement accounts; research,development, test and evaluation accounts;and to working capital funds: Provided fur-ther, That the funds transferred shall bemerged with and shall be available for thesame purposes and for the same time period,as the appropriation to which transferred:Provided further, That upon a determinationthat all or part of the funds transferred fromthis appropriation are not necessary for thepurposes provided herein, such amounts maybe transferred back to this appropriation:Provided further, That the transfer authorityprovided in this paragraph is in addition toany other transfer authority contained else-where in this Act.

UNITED STATES COURT OF APPEALS FOR THEARMED FORCES

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

CONGRESSIONAL RECORD — HOUSE H8459November 28, 2001Armed Forces, $9,096,000, of which not to ex-ceed $2,500 can be used for official represen-tation purposes.

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)For the Department of the Army,

$389,800,000, to remain available until trans-ferred: Provided, That the Secretary of theArmy shall, upon determining that suchfunds are required for environmental res-toration, reduction and recycling of haz-ardous waste, removal of unsafe buildingsand debris of the Department of the Army,or for similar purposes, transfer the fundsmade available by this appropriation toother appropriations made available to theDepartment of the Army, to be merged withand to be available for the same purposesand for the same time period as the appro-priations to which transferred: Provided fur-ther, That upon a determination that all orpart of the funds transferred from this appro-priation are not necessary for the purposesprovided herein, such amounts may be trans-ferred back to this appropriation.

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)For the Department of the Navy,

$257,517,000, to remain available until trans-ferred: Provided, That the Secretary of theNavy shall, upon determining that suchfunds are required for environmental res-toration, reduction and recycling of haz-ardous waste, removal of unsafe buildingsand debris of the Department of the Navy, orfor similar purposes, transfer the funds madeavailable by this appropriation to other ap-propriations made available to the Depart-ment of the Navy, to be merged with and tobe available for the same purposes and forthe same time period as the appropriationsto which transferred: Provided further, Thatupon a determination that all or part of thefunds transferred from this appropriation arenot necessary for the purposes provided here-in, such amounts may be transferred back tothis appropriation.

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)For the Department of the Air Force,

$385,437,000, to remain available until trans-ferred: Provided, That the Secretary of theAir Force shall, upon determining that suchfunds are required for environmental res-toration, reduction and recycling of haz-ardous waste, removal of unsafe buildingsand debris of the Department of the AirForce, or for similar purposes, transfer thefunds made available by this appropriationto other appropriations made available tothe Department of the Air Force, to bemerged with and to be available for the samepurposes and for the same time period as theappropriations to which transferred: Providedfurther, That upon a determination that allor part of the funds transferred from this ap-propriation are not necessary for the pur-poses provided herein, such amounts may betransferred 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: Pro-vided, That the Secretary of Defense shall,upon determining that such funds are re-quired for environmental restoration, reduc-tion and recycling of hazardous waste, re-moval of unsafe buildings and debris of theDepartment of Defense, or for similar pur-poses, transfer the funds made available bythis appropriation to other appropriationsmade available to the Department of De-fense, to be merged with and to be availablefor the same purposes and for the same timeperiod as the appropriations to which trans-

ferred: Provided further, That upon a deter-mination that all or part of the funds trans-ferred from this appropriation are not nec-essary for the purposes provided herein, suchamounts may be transferred back to this ap-propriation.

ENVIRONMENTAL RESTORATION, FORMERLYUSED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army,$190,255,000, to remain available until trans-ferred: Provided, That the Secretary of theArmy shall, upon determining that suchfunds are required for environmental res-toration, reduction and recycling of haz-ardous waste, removal of unsafe buildingsand debris at sites formerly used by the De-partment of Defense, transfer the funds madeavailable by this appropriation to other ap-propriations made available to the Depart-ment of the Army, to be merged with and tobe available for the same purposes and forthe same time period as the appropriationsto which transferred: Provided further, Thatupon a determination that all or part of thefunds transferred from this appropriation arenot necessary for the purposes provided here-in, such amounts may be transferred back tothis appropriation.

OVERSEAS HUMANITARIAN, DISASTER, ANDCIVIC AID

For expenses relating to the Overseas Hu-manitarian, Disaster, and Civic Aid pro-grams of the Department of Defense (con-sisting of the programs provided under sec-tions 401, 402, 404, 2547, and 2551 of title 10,United States Code), $49,700,000, to remainavailable until September 30, 2003.

SUPPORT FOR INTERNATIONAL SPORTINGCOMPETITIONS, DEFENSE

For logistical and security support forinternational sporting competitions (includ-ing pay and non-travel related allowancesonly for members of the Reserve Componentsof the Armed Forces of the United Statescalled or ordered to active duty in connec-tion with providing such support), $15,800,000,to remain available until expended.

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, produc-tion, modification, and modernization of air-craft, equipment, including ordnance, groundhandling equipment, spare parts, and acces-sories therefor; specialized equipment andtraining devices; expansion of public and pri-vate plants, including the land necessarytherefor, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; and procurementand installation of equipment, appliances,and machine tools in public and privateplants; reserve plant and Government andcontractor-owned equipment layaway; andother expenses necessary for the foregoingpurposes, $1,974,241,000, to remain availablefor obligation until September 30, 2004.

MISSILE PROCUREMENT, ARMY

For construction, procurement, produc-tion, modification, and modernization ofmissiles, equipment, including ordnance,ground handling equipment, spare parts, andaccessories therefor; specialized equipmentand training devices; expansion of public andprivate plants, including the land necessarytherefor, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; and procurementand installation of equipment, appliances,and machine tools in public and privateplants; reserve plant and Government and

contractor-owned equipment layaway; andother expenses necessary for the foregoingpurposes, $1,057,409,000, to remain availablefor obligation until September 30, 2004.

PROCUREMENT OF WEAPONS AND TRACKEDCOMBAT VEHICLES, ARMY

For construction, procurement, produc-tion, and modification of weapons andtracked combat vehicles, equipment, includ-ing ordnance, spare parts, and accessoriestherefor; specialized equipment and trainingdevices; expansion of public and privateplants, including the land necessary there-for, for the foregoing purposes, and suchlands and interests therein, may be acquired,and construction prosecuted thereon prior toapproval of title; and procurement and in-stallation of equipment, appliances, and ma-chine tools in public and private plants; re-serve plant and Government and contractor-owned equipment layaway; and other ex-penses necessary for the foregoing purposes,$2,252,669,000, to remain available for obliga-tion until September 30, 2004.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, produc-tion, and modification of ammunition, andaccessories therefor; specialized equipmentand training devices; expansion of public andprivate plants, including ammunition facili-ties authorized by section 2854 of title 10,United States Code, and the land necessarytherefor, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; and procurementand installation of equipment, appliances,and machine tools in public and privateplants; reserve plant and Government andcontractor-owned equipment layaway; andother expenses necessary for the foregoingpurposes, $1,211,615,000, to remain availablefor obligation until September 30, 2004.

OTHER PROCUREMENT, ARMY

For construction, procurement, produc-tion, and modification of vehicles, includingtactical, support, and non-tracked combatvehicles; the purchase of not to exceed 29passenger motor vehicles for replacementonly; and the purchase of 3 vehicles requiredfor physical security of personnel, notwith-standing price limitations applicable to pas-senger vehicles but not to exceed $200,000 pervehicle; communications and electronicequipment; other support equipment; spareparts, ordnance, and accessories therefor;specialized equipment and training devices;expansion of public and private plants, in-cluding the land necessary therefor, for theforegoing purposes, and such lands and inter-ests therein, may be acquired, and construc-tion prosecuted thereon prior to approval oftitle; and procurement and installation ofequipment, appliances, and machine tools inpublic and private plants; reserve plant andGovernment and contractor-owned equip-ment layaway; and other expenses necessaryfor the foregoing purposes, $4,103,036,000, toremain available for obligation until Sep-tember 30, 2004.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, produc-tion, modification, and modernization of air-craft, equipment, including ordnance, spareparts, and accessories therefor; specializedequipment; expansion of public and privateplants, including the land necessary there-for, and such lands and interests therein,may be acquired, and construction pros-ecuted thereon prior to approval of title; andprocurement and installation of equipment,appliances, and machine tools in public andprivate plants; reserve plant and Govern-ment and contractor-owned equipment lay-away, $8,084,543,000, to remain available forobligation until September 30, 2004.

CONGRESSIONAL RECORD — HOUSEH8460 November 28, 2001WEAPONS PROCUREMENT, NAVY

For construction, procurement, produc-tion, modification, and modernization ofmissiles, torpedoes, other weapons, and re-lated support equipment including spareparts, and accessories therefor; expansion ofpublic and private plants, including the landnecessary therefor, and such lands and inter-ests therein, may be acquired, and construc-tion prosecuted thereon prior to approval oftitle; and procurement and installation ofequipment, appliances, and machine tools inpublic and private plants; reserve plant andGovernment and contractor-owned equip-ment layaway, $1,429,492,000, to remain avail-able for obligation until September 30, 2004.

PROCUREMENT OF AMMUNITION, NAVY ANDMARINE CORPS

For construction, procurement, produc-tion, and modification of ammunition, andaccessories therefor; specialized equipmentand training devices; expansion of public andprivate plants, including ammunition facili-ties authorized by section 2854 of title 10,United States Code, and the land necessarytherefor, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; and procurementand installation of equipment, appliances,and machine tools in public and privateplants; reserve plant and Government andcontractor-owned equipment layaway; andother expenses necessary for the foregoingpurposes, $492,599,000, to remain available forobligation until September 30, 2004.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construc-tion, acquisition, or conversion of vessels asauthorized by law, including armor and ar-mament thereof, plant equipment, appli-ances, and machine tools and installationthereof in public and private plants; reserveplant and Government and contractor-ownedequipment layaway; procurement of critical,long leadtime components and designs forvessels to be constructed or converted in thefuture; and expansion of public and privateplants, including land necessary therefor,and such lands and interests therein, may beacquired, and construction prosecuted there-on 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 forobligation until September 30, 2006: Provided,That additional obligations may be incurredafter September 30, 2006, for engineeringservices, tests, evaluations, and other suchbudgeted work that must be performed inthe final stage of ship construction: Providedfurther, That none of the funds providedunder this heading for the construction orconversion of any naval vessel to be con-structed in shipyards in the United Statesshall be expended in foreign facilities for theconstruction of major components of suchvessel: Provided further, That none of the

funds provided under this heading shall beused for the construction of any naval vesselin foreign shipyards.

OTHER PROCUREMENT, NAVY

For procurement, production, and mod-ernization of support equipment and mate-rials not otherwise provided for, Navy ord-nance (except ordnance for new aircraft, newships, and ships authorized for conversion);the purchase of not to exceed 35 passengermotor vehicles for replacement only; and thepurchase of 2 vehicles required for physicalsecurity of personnel, notwithstanding pricelimitations applicable to passenger vehiclesbut not to exceed $230,000 per vehicle; expan-sion of public and private plants, includingthe land necessary therefor, and such landsand interests therein, may be acquired, andconstruction prosecuted thereon prior to ap-proval of title; and procurement and instal-lation of equipment, appliances, and ma-chine tools in public and private plants; re-serve plant and Government and contractor-owned equipment layaway, $4,290,776,000, toremain available for obligation until Sep-tember 30, 2004.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procure-ment, manufacture, and modification of mis-siles, armament, military equipment, spareparts, and accessories therefor; plant equip-ment, appliances, and machine tools, and in-stallation thereof in public and privateplants; reserve plant and Government andcontractor-owned equipment layaway; vehi-cles for the Marine Corps, including the pur-chase of not to exceed 25 passenger motor ve-hicles for replacement only; and expansion ofpublic and private plants, including landnecessary therefor, and such lands and inter-ests therein, may be acquired, and construc-tion prosecuted thereon prior to approval oftitle, $1,028,662,000, to remain available forobligation until September 30, 2004.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modi-fication of aircraft and equipment, includingarmor and armament, specialized groundhandling equipment, and training devices,spare parts, and accessories therefor; special-ized equipment; expansion of public and pri-vate plants, Government-owned equipmentand installation thereof in such plants, erec-tion of structures, and acquisition of land,for the foregoing purposes, and such landsand interests therein, may be acquired, andconstruction prosecuted thereon prior to ap-proval of title; reserve plant and Govern-ment and contractor-owned equipment lay-away; and other expenses necessary for theforegoing purposes including rents and trans-portation of things, $10,549,798,000, to remainavailable for obligation until September 30,2004.

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modi-fication of missiles, spacecraft, rockets, andrelated equipment, including spare parts andaccessories therefor, ground handling equip-ment, and training devices; expansion of pub-lic and private plants, Government-ownedequipment and installation thereof in suchplants, erection of structures, and acquisi-tion of land, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; reserve plant andGovernment and contractor-owned equip-ment layaway; and other expenses necessaryfor the foregoing purposes including rentsand transportation of things, $2,918,118,000, toremain available for obligation until Sep-tember 30, 2004.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, produc-tion, and modification of ammunition, and

accessories therefor; specialized equipmentand training devices; expansion of public andprivate plants, including ammunition facili-ties authorized by section 2854 of title 10,United States Code, and the land necessarytherefor, for the foregoing purposes, andsuch lands and interests therein, may be ac-quired, and construction prosecuted thereonprior to approval of title; and procurementand installation of equipment, appliances,and machine tools in public and privateplants; reserve plant and Government andcontractor-owned equipment layaway; andother expenses necessary for the foregoingpurposes, $866,844,000, to remain available forobligation until September 30, 2004.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification ofequipment (including ground guidance andelectronic control equipment, and groundelectronic and communication equipment),and supplies, materials, and spare partstherefor, not otherwise provided for; the pur-chase of not to exceed 216 passenger motorvehicles for replacement only; and the pur-chase of 3 vehicles required for physical se-curity of personnel, notwithstanding pricelimitations applicable to passenger vehiclesbut not to exceed $230,000 per vehicle; leaseof passenger motor vehicles; and expansionof public and private plants, Government-owned equipment and installation thereof insuch plants, erection of structures, and ac-quisition of land, for the foregoing purposes,and such lands and interests therein, may beacquired, and construction prosecuted there-on, prior to approval of title; reserve plantand Government and contractor-ownedequipment layaway, $7,856,671,000, to remainavailable for obligation until September 30,2004.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies ofthe Department of Defense (other than themilitary departments) necessary for procure-ment, production, and modification of equip-ment, supplies, materials, and spare partstherefor, not otherwise provided for; the pur-chase of not to exceed 65 passenger motor ve-hicles for replacement only; the purchase of4 vehicles required for physical security ofpersonnel, notwithstanding price limitationsapplicable to passenger vehicles but not toexceed $250,000 per vehicle; expansion of pub-lic and private plants, equipment, and instal-lation thereof in such plants, erection ofstructures, and acquisition of land for theforegoing purposes, and such lands and inter-ests therein, may be acquired, and construc-tion prosecuted thereon prior to approval oftitle; reserve plant and Government and con-tractor-owned equipment layaway,$1,387,283,000, to remain available for obliga-tion until September 30, 2004.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of De-fense pursuant to sections 108, 301, 302, and303 of the Defense Production Act of 1950 (50U.S.C. App. 2078, 2091, 2092, and 2093),$50,000,000, to remain available until ex-pended.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles,tracked combat vehicles, ammunition, otherweapons, and other procurement for the re-serve components of the Armed Forces,$501,485,000, to remain available for obliga-tion until September 30, 2004: Provided, Thatthe Chiefs of the Reserve and National Guardcomponents shall, not later than 30 daysafter the enactment of this Act, individuallysubmit to the congressional defense commit-tees the modernization priority assessmentfor their respective Reserve or NationalGuard component: Provided further, That ofthe funds appropriated under this heading,

CONGRESSIONAL RECORD — HOUSE H8461November 28, 2001$131,176,000 shall be available only for theprocurement of eight UH–60 helicopters forthe Army Reserve, and $226,909,000 shall beavailable only for the procurement of C–130Jaircraft to be used solely for western statesfirefighting.

TITLE IVRESEARCH, DEVELOPMENT, TEST AND

EVALUATIONRESEARCH, DEVELOPMENT, TEST AND

EVALUATION, ARMY

For expenses necessary for basic and ap-plied scientific research, development, testand evaluation, including maintenance, re-habilitation, lease, and operation of facili-ties and equipment, $7,115,438,000, to remainavailable for obligation until September 30,2003.

RESEARCH, DEVELOPMENT, TEST ANDEVALUATION, NAVY


RESEARCH, DEVELOPMENT, TEST ANDEVALUATION, AIR FORCE


RESEARCH, DEVELOPMENT, TEST ANDEVALUATION, DEFENSE-WIDE

For expenses of activities and agencies ofthe Department of Defense (other than themilitary departments), necessary for basicand applied scientific research, development,test and evaluation; advanced researchprojects as may be designated and deter-mined by the Secretary of Defense, pursuantto law; maintenance, rehabilitation, lease,and operation of facilities and equipment,$6,949,098,000, to remain available for obliga-tion until September 30, 2003.

OPERATIONAL TEST AND EVALUATION,DEFENSE

For expenses, not otherwise provided for,necessary for the independent activities ofthe Director, Operational Test and Evalua-tion in the direction and supervision of oper-ational test and evaluation, including initialoperational test and evaluation which is con-ducted prior to, and in support of, productiondecisions; joint operational testing and eval-uation; and administrative expenses in con-nection therewith, $245,355,000, to remainavailable for obligation until September 30,2003.

TITLE VREVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds,$1,524,986,000: Provided, That during fiscalyear 2002, funds in the Defense Working Cap-ital Funds may be used for the purchase ofnot to exceed 330 passenger carrying motorvehicles for replacement only for the DefenseSecurity Service.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund pro-grams, projects, and activities, and for ex-penses of the National Defense ReserveFleet, as established by section 11 of theMerchant Ship Sales Act of 1946 (50 U.S.C.App. 1744), and for the necessary expenses tomaintain and preserve a U.S.-flag merchantfleet to serve the national security needs ofthe United States, $412,708,000, to remain

available until expended: Provided, Thatnone of the funds provided in this paragraphshall be used to award a new contract thatprovides for the acquisition of any of the fol-lowing major components unless such com-ponents are manufactured in the UnitedStates: auxiliary equipment, includingpumps, for all shipboard services; propulsionsystem components (that is; engines, reduc-tion gears, and propellers); shipboard cranes;and spreaders for shipboard cranes: Providedfurther, That the exercise of an option in acontract awarded through the obligation ofpreviously appropriated funds shall not beconsidered to be the award of a new contract:Provided further, That the Secretary of themilitary department responsible for suchprocurement may waive the restrictions inthe first proviso on a case-by-case basis bycertifying in writing to the Committees onAppropriations of the House of Representa-tives and the Senate that adequate domesticsupplies are not available to meet Depart-ment of Defense requirements on a timelybasis and that such an acquisition must bemade in order to acquire capability for na-tional security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSEPROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for,for medical and health care programs of theDepartment of Defense, as authorized by law,$18,277,403,000, of which $17,574,750,000 shall befor Operation and maintenance, of which notto exceed 2 percent shall remain availableuntil September 30, 2003; of which$267,915,000, to remain available for obliga-tion until September 30, 2004, shall be forProcurement; of which $434,738,000, to remainavailable for obligation until September 30,2003, shall be for Research, development, testand evaluation, and of which $20,000,000 shallbe available for HIV prevention educationalactivities undertaken in connection withU.S. military training, exercises, and hu-manitarian assistance activities conductedin African nations.

CHEMICAL AGENTS AND MUNITIONSDESTRUCTION, ARMY

For expenses, not otherwise provided for,necessary for the destruction of the UnitedStates stockpile of lethal chemical agentsand munitions in accordance with the provi-sions of section 1412 of the Department ofDefense Authorization Act, 1986 (50 U.S.C.1521), and for the destruction of other chem-ical warfare materials that are not in thechemical weapon stockpile, $1,093,057,000, ofwhich $728,520,000 shall be for Operation andmaintenance to remain available until Sep-tember 30, 2003, $164,158,000 shall be for Pro-curement to remain available until Sep-tember 30, 2004, and $200,379,000 shall be forResearch, development, test and evaluationto remain available until September 30, 2003:Provided, That of the funds available underthis heading, $1,000,000 shall be availableuntil expended each year only for a JohnstonAtoll off-island leave program: Provided fur-ther, That the Secretaries concerned shall,pursuant to uniform regulations, prescribetravel and transportation allowances fortravel by participants in the off-island leaveprogram.

DRUG INTERDICTION AND COUNTER-DRUGACTIVITIES, DEFENSE


For drug interdiction and counter-drug ac-tivities of the Department of Defense, fortransfer to appropriations available to theDepartment of Defense for military per-sonnel of the reserve components servingunder the provisions of title 10 and title 32,

United States Code; for Operation and main-tenance; for Procurement; and for Research,development, test and evaluation,$827,381,000: Provided, That the funds appro-priated under this heading shall be availablefor obligation for the same time period andfor the same purpose as the appropriation towhich transferred: Provided further, That thetransfer authority provided under this head-ing is in addition to any other transfer au-thority contained elsewhere in this Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office ofthe Inspector General in carrying out theprovisions of the Inspector General Act of1978, as amended, $152,021,000, of which$150,221,000 shall be for Operation and main-tenance, of which not to exceed $700,000 isavailable for emergencies and extraordinaryexpenses to be expended on the approval orauthority of the Inspector General, and pay-ments may be made on the Inspector Gen-eral’s certificate of necessity for confidentialmilitary purposes; and of which $1,800,000 toremain available until September 30, 2004,shall be for Procurement.

TITLE VIIRELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENTAND DISABILITY SYSTEM FUND

For payment to the Central IntelligenceAgency Retirement and Disability SystemFund, to maintain the proper funding levelfor continuing the operation of the CentralIntelligence Agency Retirement and Dis-ability System, $212,000,000.

INTELLIGENCE COMMUNITY MANAGEMENTACCOUNT

(INCLUDING TRANSFER OF FUNDS)For necessary expenses of the Intelligence

Community Management Account,$144,929,000, of which $28,003,000 for the Ad-vanced Research and Development Com-mittee shall remain available until Sep-tember 30, 2003: Provided, That of the fundsappropriated under this heading, $34,100,000shall be transferred to the Department ofJustice for the National Drug IntelligenceCenter to support the Department of De-fense’s counter-drug intelligence responsibil-ities, and of the said amount, $1,500,000 forProcurement shall remain available untilSeptember 30, 2004, and $1,000,000 for Re-search, development, test and evaluationshall remain available until September 30,2003: Provided further, That the NationalDrug Intelligence Center shall maintain thepersonnel and technical resources to providetimely support to law enforcement authori-ties to conduct document exploitation of ma-terials collected in Federal, State, and locallaw enforcement activity.PAYMENT TO KAHO’OLAWE ISLAND CONVEY-

ANCE, REMEDIATION, AND ENVIRONMENTALRESTORATION FUND

For payment to Kaho’olawe Island Convey-ance, Remediation, and Environmental Res-toration Fund, as authorized by law,$25,000,000, to remain available until ex-pended.NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of PublicLaw 102–183, $8,000,000, to be derived from theNational Security Education Trust Fund, toremain available until expended.

TITLE VIIIGENERAL PROVISIONS

SEC. 8001. No part of any appropriationcontained in this Act shall be used for pub-licity or propaganda purposes not authorizedby the Congress.

SEC. 8002. During the current fiscal year,provisions of law prohibiting the payment ofcompensation to, or employment of, any per-son not a citizen of the United States shall

CONGRESSIONAL RECORD — HOUSEH8462 November 28, 2001not apply to personnel of the Department ofDefense: Provided, That salary increasesgranted to direct and indirect hire foreignnational employees of the Department of De-fense funded by this Act shall not be at arate in excess of the percentage increase au-thorized by law for civilian employees of theDepartment of Defense whose pay is com-puted under the provisions of section 5332 oftitle 5, United States Code, or at a rate in ex-cess of the percentage increase provided bythe appropriate host nation to its own em-ployees, whichever is higher: Provided fur-ther, That this section shall not apply to De-partment of Defense foreign service nationalemployees serving at United States diplo-matic missions whose pay is set by the De-partment of State under the Foreign ServiceAct of 1980: Provided further, That the limita-tions of this provision shall not apply to for-eign national employees of the Departmentof Defense in the Republic of Turkey.

SEC. 8003. No part of any appropriationcontained in this Act shall remain availablefor obligation beyond the current fiscal year,unless expressly so provided herein.

SEC. 8004. No more than 20 percent of theappropriations in this Act which are limitedfor obligation during the current fiscal yearshall be obligated during the last 2 months ofthe fiscal year: Provided, That this sectionshall not apply to obligations for support ofactive duty training of reserve componentsor summer camp training of the Reserve Of-ficers’ Training Corps.

(TRANSFER OF FUNDS)SEC. 8005. Upon determination by the Sec-

retary of Defense that such action is nec-essary in the national interest, he may, withthe approval of the Office of Managementand Budget, transfer not to exceed$2,500,000,000 of working capital funds of theDepartment of Defense or funds made avail-able in this Act to the Department of De-fense for military functions (except militaryconstruction) between such appropriationsor funds or any subdivision thereof, to bemerged with and to be available for the samepurposes, and for the same time period, asthe appropriation or fund to which trans-ferred: Provided, That such authority totransfer may not be used unless for higherpriority items, based on unforeseen militaryrequirements, than those for which origi-nally appropriated and in no case where theitem for which funds are requested has beendenied by the Congress: Provided further,That the Secretary of Defense shall notifythe Congress promptly of all transfers madepursuant to this authority or any other au-thority in this Act: Provided further, That nopart of the funds in this Act shall be avail-able to prepare or present a request to theCommittees on Appropriations for re-programming of funds, unless for higher pri-ority items, based on unforeseen military re-quirements, than those for which originallyappropriated and in no case where the itemfor which reprogramming is requested hasbeen denied by the Congress.

(TRANSFER OF FUNDS)SEC. 8006. During the current fiscal year,

cash balances in working capital funds of theDepartment of Defense established pursuantto section 2208 of title 10, United StatesCode, may be maintained in only suchamounts as are necessary at any time forcash disbursements to be made from suchfunds: Provided, That transfers may be madebetween such funds: Provided further, Thattransfers may be made between working cap-ital funds and the ‘‘Foreign Currency Fluc-tuations, Defense’’ appropriation and the‘‘Operation and Maintenance’’ appropriationaccounts in such amounts as may be deter-mined by the Secretary of Defense, with theapproval of the Office of Management and

Budget, except that such transfers may notbe made unless the Secretary of Defense hasnotified the Congress of the proposed trans-fer. Except in amounts equal to the amountsappropriated to working capital funds in thisAct, no obligations may be made against aworking capital fund to procure or increasethe value of war reserve material inventory,unless the Secretary of Defense has notifiedthe Congress prior to any such obligation.

SEC. 8007. Funds appropriated by this Actmay not be used to initiate a special accessprogram without prior notification 30 cal-endar days in session in advance to the con-gressional defense committees.

SEC. 8008. None of the funds provided inthis Act shall be available to initiate: (1) amultiyear contract that employs economicorder quantity procurement in excess of$20,000,000 in any 1 year of the contract orthat includes an unfunded contingent liabil-ity in excess of $20,000,000; or (2) a contractfor advance procurement leading to amultiyear contract that employs economicorder quantity procurement in excess of$20,000,000 in any 1 year, unless the congres-sional defense committees have been notifiedat least 30 days in advance of the proposedcontract award: Provided, That no part ofany appropriation contained in this Act shallbe available to initiate a multiyear contractfor which the economic order quantity ad-vance procurement is not funded at least tothe limits of the Government’s liability: Pro-vided further, That no part of any appropria-tion contained in this Act shall be availableto initiate multiyear procurement contractsfor any systems or component thereof if thevalue of the multiyear contract would ex-ceed $500,000,000 unless specifically providedin this Act: Provided further, That nomultiyear procurement contract can be ter-minated without 10-day prior notification tothe congressional defense committees: Pro-vided further, That the execution ofmultiyear authority shall require the use ofa present value analysis to determine lowestcost compared to an annual procurement.

Funds appropriated in title III of this Actmay be used for a C–17 multiyear procure-ment contract.

SEC. 8009. Within the funds appropriatedfor the operation and maintenance of theArmed Forces, funds are hereby appropriatedpursuant to section 401 of title 10, UnitedStates Code, for humanitarian and civic as-sistance costs under chapter 20 of title 10,United States Code. Such funds may also beobligated for humanitarian and civic assist-ance costs incidental to authorized oper-ations and pursuant to authority granted insection 401 of chapter 20 of title 10, UnitedStates Code, and these obligations shall bereported to the Congress as of September 30of each year: Provided, That funds availablefor operation and maintenance shall beavailable for providing humanitarian andsimilar assistance by using Civic ActionTeams in the Trust Territories of the PacificIslands and freely associated states of Micro-nesia, pursuant to the Compact of Free Asso-ciation as authorized by Public Law 99–239:Provided further, That upon a determinationby the Secretary of the Army that such ac-tion is beneficial for graduate medical edu-cation programs conducted at Army medicalfacilities located in Hawaii, the Secretary ofthe Army may authorize the provision ofmedical services at such facilities and trans-portation to such facilities, on a non-reimbursable basis, for civilian patients fromAmerican Samoa, the Commonwealth of theNorthern Mariana Islands, the Marshall Is-lands, the Federated States of Micronesia,Palau, and Guam.

SEC. 8010. (a) During fiscal year 2002, the ci-vilian personnel of the Department of De-fense may not be managed on the basis of

any end-strength, and the management ofsuch personnel during that fiscal year shallnot be subject to any constraint or limita-tion (known as an end-strength) on the num-ber of such personnel who may be employedon the last day of such fiscal year.

(b) The fiscal year 2003 budget request forthe Department of Defense as well as all jus-tification material and other documentationsupporting the fiscal year 2003 Department ofDefense budget request shall be prepared andsubmitted to the Congress as if subsections(a) and (b) of this provision were effectivewith regard to fiscal year 2003.

(c) Nothing in this section shall be con-strued to apply to military (civilian) techni-cians.

SEC. 8011. Notwithstanding any other pro-vision of law, none of the funds made avail-able by this Act shall be used by the Depart-ment of Defense to exceed, outside the 50United States, its territories, and the Dis-trict of Columbia, 125,000 civilian workyears:Provided, That workyears shall be applied asdefined in the Federal Personnel Manual:Provided further, That workyears expended independent student hiring programs for dis-advantaged youths shall not be included inthis workyear limitation.

SEC. 8012. None of the funds made availableby this Act shall be used in any way, directlyor indirectly, to influence congressional ac-tion on any legislation or appropriation mat-ters pending before the Congress.

SEC. 8013. None of the funds appropriatedby this Act shall be available for the basicpay and allowances of any member of theArmy participating as a full-time studentand receiving benefits paid by the Secretaryof Veterans Affairs from the Department ofDefense Education Benefits Fund when timespent as a full-time student is credited to-ward completion of a service commitment:Provided, That this subsection shall notapply to those members who have reenlistedwith this option prior to October 1, 1987: Pro-vided further, That this subsection appliesonly to active components of the Army.

SEC. 8014. None of the funds appropriatedby this Act shall be available to convert tocontractor performance an activity or func-tion of the Department of Defense that, onor after the date of the enactment of thisAct, is performed by more than 10 Depart-ment of Defense civilian employees until amost efficient and cost-effective organiza-tion analysis is completed on such activityor function and certification of the analysisis made to the Committees on Appropria-tions of the House of Representatives andthe Senate: Provided, That this section andsubsections (a), (b), and (c) of 10 U.S.C. 2461shall not apply to a commercial or industrialtype function of the Department of Defensethat: (1) is included on the procurement listestablished pursuant to section 2 of the Actof June 25, 1938 (41 U.S.C. 47), popularly re-ferred to as the Javits-Wagner-O’Day Act; (2)is planned to be converted to performance bya qualified nonprofit agency for the blind orby a qualified nonprofit agency for other se-verely handicapped individuals in accordancewith that Act; or (3) is planned to be con-verted to performance by a qualified firmunder 51 percent ownership by an Indiantribe, as defined in section 450b(e) of title 25,United States Code, or a Native Hawaiian or-ganization, as defined in section 637(a)(15) oftitle 15, United States Code.

(TRANSFER OF FUNDS)SEC. 8015. Funds appropriated in title III of

this Act for the Department of Defense PilotMentor-Protege Program may be transferredto any other appropriation contained in thisAct solely for the purpose of implementing aMentor-Protege Program developmental as-sistance agreement pursuant to section 831

CONGRESSIONAL RECORD — HOUSE H8463November 28, 2001of the National Defense Authorization Actfor Fiscal Year 1991 (Public Law 101–510; 10U.S.C. 2301 note), as amended, under the au-thority of this provision or any other trans-fer authority contained in this Act.

SEC. 8016. None of the funds in this Actmay be available for the purchase by the De-partment of Defense (and its departmentsand agencies) of welded shipboard anchor andmooring chain 4 inches in diameter andunder unless the anchor and mooring chainare manufactured in the United States fromcomponents which are substantially manu-factured in the United States: Provided, Thatfor the purpose of this section manufacturedwill include cutting, heat treating, qualitycontrol, testing of chain and welding (includ-ing the forging and shot blasting process):Provided further, That for the purpose of thissection substantially all of the componentsof anchor and mooring chain shall be consid-ered to be produced or manufactured in theUnited States if the aggregate cost of thecomponents produced or manufactured in theUnited States exceeds the aggregate cost ofthe components produced or manufacturedoutside the United States: Provided further,That when adequate domestic supplies arenot available to meet Department of Defenserequirements on a timely basis, the Sec-retary of the service responsible for the pro-curement may waive this restriction on acase-by-case basis by certifying in writing tothe Committees on Appropriations that suchan acquisition must be made in order to ac-quire capability for national security pur-poses.

SEC. 8017. None of the funds appropriatedby this Act available for the Civilian Healthand Medical Program of the Uniformed Serv-ices (CHAMPUS) or TRICARE shall be avail-able for the reimbursement of any healthcare provider for inpatient mental healthservice for care received when a patient isreferred to a provider of inpatient mentalhealth care or residential treatment care bya medical or health care professional havingan economic interest in the facility to whichthe patient is referred: Provided, That thislimitation does not apply in the case of inpa-tient mental health services provided underthe program for persons with disabilitiesunder subsection (d) of section 1079 of title10, United States Code, provided as partialhospital care, or provided pursuant to awaiver authorized by the Secretary of De-fense because of medical or psychologicalcircumstances of the patient that are con-firmed by a health professional who is not aFederal employee after a review, pursuant torules prescribed by the Secretary, whichtakes into account the appropriate level ofcare for the patient, the intensity of servicesrequired by the patient, and the availabilityof that care.

SEC. 8018. Funds available in this Act maybe used to provide transportation for thenext-of-kin of individuals who have beenprisoners of war or missing in action fromthe Vietnam era to an annual meeting in theUnited States, under such regulations as theSecretary of Defense may prescribe.

SEC. 8019. Notwithstanding any other pro-vision of law, during the current fiscal year,the Secretary of Defense may, by executiveagreement, establish with host nation gov-ernments in NATO member states a separateaccount into which such residual valueamounts negotiated in the return of UnitedStates military installations in NATO mem-ber states may be deposited, in the currencyof the host nation, in lieu of direct monetarytransfers to the United States Treasury: Pro-vided, That such credits may be utilized onlyfor the construction of facilities to supportUnited States military forces in that hostnation, or such real property maintenanceand base operating costs that are currently

executed through monetary transfers to suchhost nations: Provided further, That the De-partment of Defense’s budget submission forfiscal year 2003 shall identify such sums an-ticipated in residual value settlements, andidentify such construction, real propertymaintenance or base operating costs thatshall be funded by the host nation throughsuch credits: Provided further, That all mili-tary construction projects to be executedfrom such accounts must be previously ap-proved in a prior Act of Congress: Providedfurther, That each such executive agreementwith a NATO member host nation shall bereported to the congressional defense com-mittees, the Committee on International Re-lations of the House of Representatives andthe Committee on Foreign Relations of theSenate 30 days prior to the conclusion andendorsement of any such agreement estab-lished under this provision.

SEC. 8020. None of the funds available tothe Department of Defense may be used todemilitarize or dispose of M–1 Carbines, M–1Garand rifles, M–14 rifles, .22 caliber rifles,.30 caliber rifles, or M–1911 pistols.

SEC. 8021. No more than $500,000 of thefunds appropriated or made available in thisAct shall be used during a single fiscal yearfor any single relocation of an organization,unit, activity or function of the Departmentof Defense into or within the National Cap-ital Region: Provided, That the Secretary ofDefense may waive this restriction on a case-by-case basis by certifying in writing to thecongressional defense committees that sucha relocation is required in the best interestof the Government.

SEC. 8022. In addition to the funds providedelsewhere in this Act, $8,000,000 is appro-priated only for incentive payments author-ized by section 504 of the Indian FinancingAct of 1974 (25 U.S.C. 1544): Provided, That asubcontractor at any tier shall be considereda contractor for the purposes of being al-lowed additional compensation under section504 of the Indian Financing Act of 1974 (25U.S.C. 1544).

SEC. 8023. During the current fiscal year,funds appropriated or otherwise available forany Federal agency, the Congress, the judi-cial branch, or the District of Columbia maybe used for the pay, allowances, and benefitsof an employee as defined by section 2105 oftitle 5, United States Code, or an individualemployed by the government of the Districtof Columbia, permanent or temporary indefi-nite, who—

(1) is a member of a Reserve component ofthe Armed Forces, as described in section10101 of title 10, United States Code, or theNational Guard, as described in section 101 oftitle 32, United States Code;

(2) performs, for the purpose of providingmilitary aid to enforce the law or providingassistance to civil authorities in the protec-tion or saving of life or property or preven-tion 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 herState, the District of Columbia, the Com-monwealth of Puerto Rico, or a territory ofthe United States; and

(3) requests and is granted—(A) leave under the authority of this sec-

tion; or(B) annual leave, which may be granted

without regard to the provisions of sections5519 and 6323(b) of title 5, United States Code,if such employee is otherwise entitled tosuch annual leave:

Provided, That any employee who requestsleave under subsection (3)(A) for service de-scribed in subsection (2) of this section is en-titled to such leave, subject to the provisions

of this section and of the last sentence ofsection 6323(b) of title 5, United States Code,and such leave shall be considered leaveunder section 6323(b) of title 5, United StatesCode.

SEC. 8024. None of the funds appropriatedby this Act shall be available to perform anycost study pursuant to the provisions of OMBCircular A–76 if the study being performedexceeds a period of 24 months after initiationof such study with respect to a single func-tion activity or 48 months after initiation ofsuch study for a multi-function activity.

SEC. 8025. Funds appropriated by this Actfor the American Forces Information Serviceshall not be used for any national or inter-national political or psychological activities.

SEC. 8026. Notwithstanding any other pro-vision of law or regulation, the Secretary ofDefense may adjust wage rates for civilianemployees hired for certain health care occu-pations as authorized for the Secretary ofVeterans Affairs by section 7455 of title 38,United States Code.

SEC. 8027. None of the funds appropriatedor made available in this Act shall be used toreduce or disestablish the operation of the53rd Weather Reconnaissance Squadron ofthe Air Force Reserve, if such action wouldreduce the WC–130 Weather Reconnaissancemission below the levels funded in this Act.

SEC. 8028. (a) Of the funds for the procure-ment of supplies or services appropriated bythis Act, qualified nonprofit agencies for theblind or other severely handicapped shall beafforded the maximum practicable oppor-tunity to participate as subcontractors andsuppliers in the performance of contracts letby the Department of Defense.

(b) During the current fiscal year, a busi-ness concern which has negotiated with amilitary service or defense agency a subcon-tracting plan for the participation by smallbusiness concerns pursuant to section 8(d) ofthe Small Business Act (15 U.S.C. 637(d))shall be given credit toward meeting thatsubcontracting goal for any purchases madefrom qualified nonprofit agencies for theblind or other severely handicapped.

(c) For the purpose of this section, thephrase ‘‘qualified nonprofit agency for theblind or other severely handicapped’’ meansa nonprofit agency for the blind or other se-verely handicapped that has been approvedby the Committee for the Purchase from theBlind and Other Severely Handicapped underthe Javits-Wagner-O’Day Act (41 U.S.C. 46–48).

SEC. 8029. During the current fiscal year,net receipts pursuant to collections fromthird party payers pursuant to section 1095 oftitle 10, United States Code, shall be madeavailable to the local facility of the uni-formed services responsible for the collec-tions and shall be over and above the facili-ty’s direct budget amount.

SEC. 8030. During the current fiscal year,the Department of Defense is authorized toincur obligations of not to exceed $350,000,000for purposes specified in section 2350j(c) oftitle 10, United States Code, in anticipationof receipt of contributions, only from theGovernment of Kuwait, under that section:Provided, That upon receipt, such contribu-tions from the Government of Kuwait shallbe credited to the appropriations or fundwhich incurred such obligations.

SEC. 8031. Of the funds made available inthis Act, not less than $21,417,000 shall beavailable for the Civil Air Patrol Corpora-tion, of which $19,417,000 shall be availablefor Civil Air Patrol Corporation operationand maintenance to support readiness activi-ties which includes $2,000,000 for the Civil AirPatrol counterdrug program: Provided, Thatfunds identified for ‘‘Civil Air Patrol’’ underthis section are intended for and shall be forthe exclusive use of the Civil Air Patrol Cor-poration and not for the Air Force or anyunit thereof.

CONGRESSIONAL RECORD — HOUSEH8464 November 28, 2001SEC. 8032. (a) None of the funds appro-

priated in this Act are available to establisha new Department of Defense (department)federally funded research and developmentcenter (FFRDC), either as a new entity, or asa separate entity administrated by an orga-nization managing another FFRDC, or as anonprofit membership corporation con-sisting of a consortium of other FFRDCs andother non-profit entities.

(b) No member of a Board of Directors,Trustees, Overseers, Advisory Group, SpecialIssues Panel, Visiting Committee, or anysimilar entity of a defense FFRDC, and nopaid consultant to any defense FFRDC, ex-cept when acting in a technical advisory ca-pacity, may be compensated for his or herservices as a member of such entity, or as apaid consultant by more than one FFRDC ina fiscal year: Provided, That a member of anysuch entity referred to previously in thissubsection shall be allowed travel expensesand per diem as authorized under the FederalJoint Travel Regulations, when engaged inthe performance of membership duties.

(c) Notwithstanding any other provision oflaw, none of the funds available to the de-partment from any source during fiscal year2002 may be used by a defense FFRDC,through a fee or other payment mechanism,for construction of new buildings, for pay-ment of cost sharing for projects funded byGovernment grants, for absorption of con-tract overruns, or for certain charitable con-tributions, not to include employee partici-pation in community service and/or develop-ment.

(d) Notwithstanding any other provision oflaw, of the funds available to the departmentduring fiscal year 2002, not more than 6,477staff years of technical effort (staff years)may be funded for defense FFRDCs: Provided,That of the specific amount referred to pre-viously in this subsection, not more than1,029 staff years may be funded for the de-fense studies and analysis FFRDCs.

(e) The Secretary of Defense shall, with thesubmission of the department’s fiscal year2003 budget request, submit a report pre-senting the specific amounts of staff years oftechnical effort to be allocated for each de-fense FFRDC during that fiscal year.

SEC. 8033. None of the funds appropriatedor made available in this Act shall be used toprocure carbon, alloy or armor steel plate foruse in any Government-owned facility orproperty under the control of the Depart-ment of Defense which were not melted androlled in the United States or Canada: Pro-vided, That these procurement restrictionsshall apply to any and all Federal SupplyClass 9515, American Society of Testing andMaterials (ASTM) or American Iron andSteel Institute (AISI) specifications of car-bon, alloy or armor steel plate: Provided fur-ther, That the Secretary of the military de-partment responsible for the procurementmay waive this restriction on a case-by-casebasis by certifying in writing to the Commit-tees on Appropriations of the House of Rep-resentatives and the Senate that adequatedomestic supplies are not available to meetDepartment of Defense requirements on atimely basis and that such an acquisitionmust be made in order to acquire capabilityfor national security purposes: Provided fur-ther, That these restrictions shall not applyto contracts which are in being as of the dateof the enactment of this Act.

SEC. 8034. For the purposes of this Act, theterm ‘‘congressional defense committees’’means the Armed Services Committee of theHouse of Representatives, the Armed Serv-ices Committee of the Senate, the Sub-committee on Defense of the Committee onAppropriations of the Senate, and the Sub-committee on Defense of the Committee onAppropriations of the House of Representa-tives.

SEC. 8035. During the current fiscal year,the Department of Defense may acquire themodification, depot maintenance and repairof aircraft, vehicles and vessels as well as theproduction of components and other Defense-related articles, through competition be-tween Department of Defense depot mainte-nance activities and private firms: Provided,That the Senior Acquisition Executive of themilitary department or defense agency con-cerned, with power of delegation, shall cer-tify that successful bids include comparableestimates of all direct and indirect costs forboth public and private bids: Provided further,That Office of Management and Budget Cir-cular A–76 shall not apply to competitionsconducted under this section.

SEC. 8036. (a)(1) If the Secretary of Defense,after consultation with the United StatesTrade Representative, determines that a for-eign country which is party to an agreementdescribed in paragraph (2) has violated theterms of the agreement by discriminatingagainst certain types of products produced inthe United States that are covered by theagreement, the Secretary of Defense shall re-scind the Secretary’s blanket waiver of theBuy American Act with respect to suchtypes of products produced in that foreigncountry.

(2) An agreement referred to in paragraph(1) is any reciprocal defense procurementmemorandum of understanding, between theUnited States and a foreign country pursu-ant to which the Secretary of Defense hasprospectively waived the Buy American Actfor certain products in that country.

(b) The Secretary of Defense shall submitto the Congress a report on the amount ofDepartment of Defense purchases from for-eign entities in fiscal year 2002. Such reportshall separately indicate the dollar value ofitems for which the Buy American Act waswaived pursuant to any agreement describedin subsection (a)(2), the Trade AgreementAct of 1979 (19 U.S.C. 2501 et seq.), or anyinternational agreement to which the UnitedStates is a party.

(c) For purposes of this section, the term‘‘Buy American Act’’ means title III of theAct entitled ‘‘An Act making appropriationsfor the Treasury and Post Office Depart-ments for the fiscal year ending June 30,1934, and for other purposes’’, approvedMarch 3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8037. Appropriations contained in thisAct that remain available at the end of thecurrent fiscal year as a result of energy costsavings realized by the Department of De-fense shall remain available for obligationfor the next fiscal year to the extent, and forthe purposes, provided in section 2865 of title10, United States Code.

(INCLUDING TRANSFER OF FUNDS)SEC. 8038. Amounts deposited during the

current fiscal year to the special account es-tablished under 40 U.S.C. 485(h)(2) and to thespecial account established under 10 U.S.C.2667(d)(1) are appropriated and shall be avail-able until transferred by the Secretary ofDefense to current applicable appropriationsor funds of the Department of Defense underthe terms and conditions specified by 40U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.2667(d)(1)(B), to be merged with and to beavailable for the same time period and thesame purposes as the appropriation to whichtransferred.

SEC. 8039. The President shall include witheach budget for a fiscal year submitted tothe Congress under section 1105 of title 31,United States Code, materials that shallidentify clearly and separately the amountsrequested in the budget for appropriation forthat fiscal year for salaries and expenses re-lated to administrative activities of the De-partment of Defense, the military depart-ments, and the defense agencies.

SEC. 8040. Notwithstanding any other pro-vision of law, funds available for ‘‘DrugInterdiction and Counter-Drug Activities,Defense’’ may be obligated for the YoungMarines program.

(INCLUDING TRANSFER OF FUNDS)SEC. 8041. During the current fiscal year,

amounts contained in the Department of De-fense Overseas Military Facility InvestmentRecovery Account established by section2921(c)(1) of the National Defense Authoriza-tion Act of 1991 (Public Law 101–510; 10 U.S.C.2687 note) shall be available until expendedfor the payments specified by section2921(c)(2) of that Act: Provided, That none ofthe funds made available for expenditureunder this section may be transferred or ob-ligated until 30 days after the Secretary ofDefense submits a report which details thebalance available in the Overseas MilitaryFacility Investment Recovery Account, allprojected income into the account during fis-cal years 2002 and 2003, and the specific ex-penditures to be made using funds trans-ferred from this account during fiscal year2002.

SEC. 8042. Of the funds appropriated or oth-erwise made available by this Act, not morethan $119,200,000 shall be available for pay-ment of the operating costs of NATO Head-quarters: Provided, That the Secretary of De-fense may waive this section for Departmentof Defense support provided to NATO forcesin and around the former Yugoslavia.

SEC. 8043. During the current fiscal year,appropriations which are available to the De-partment of Defense for operation and main-tenance may be used to purchase items hav-ing an investment item unit cost of not morethan $100,000: Provided, That the $100,000 limi-tation shall not apply to amounts appro-priated in this Act under the heading ‘‘Oper-ation and Maintenance, Defense-Wide’’ forexpenses related to certain classified activi-ties.

SEC. 8044. (a) During the current fiscalyear, none of the appropriations or fundsavailable to the Department of DefenseWorking Capital Funds shall be used for thepurchase of an investment item for the pur-pose of acquiring a new inventory item forsale or anticipated sale during the currentfiscal year or a subsequent fiscal year to cus-tomers of the Department of Defense Work-ing Capital Funds if such an item would nothave been chargeable to the Department ofDefense Business Operations Fund during fis-cal year 1994 and if the purchase of such aninvestment item would be chargeable duringthe current fiscal year to appropriationsmade to the Department of Defense for pro-curement.

(b) The fiscal year 2003 budget request forthe Department of Defense as well as all jus-tification material and other documentationsupporting the fiscal year 2003 Department ofDefense budget shall be prepared and sub-mitted to the Congress on the basis that anyequipment which was classified as an enditem and funded in a procurement appropria-tion contained in this Act shall be budgetedfor in a proposed fiscal year 2003 procure-ment appropriation and not in the supplymanagement business area or any other areaor category of the Department of DefenseWorking Capital Funds.

SEC. 8045. None of the funds appropriatedby this Act for programs of the Central In-telligence Agency shall remain available forobligation beyond the current fiscal year, ex-cept for funds appropriated for the Reservefor Contingencies, which shall remain avail-able until September 30, 2003: Provided, Thatfunds appropriated, transferred, or otherwisecredited to the Central Intelligence AgencyCentral Services Working Capital Fund dur-ing this or any prior or subsequent fiscal

CONGRESSIONAL RECORD — HOUSE H8465November 28, 2001year shall remain available until expended:Provided further, That any funds appropriatedor transferred to the Central IntelligenceAgency for agent operations (regional oper-ations), and for covert action programs au-thorized by the President under section 503of the National Security Act of 1947, asamended, shall remain available until Sep-tember 30, 2003.

SEC. 8046. Notwithstanding any other pro-vision of law, funds made available in thisAct for the Defense Intelligence Agency maybe used for the design, development, and de-ployment of General Defense IntelligenceProgram intelligence communications andintelligence information systems for theServices, the Unified and Specified Com-mands, and the component commands.

SEC. 8047. Of the funds appropriated to theDepartment of Defense under the heading‘‘Operation and Maintenance, Defense-Wide’’, not less than $10,000,000 shall be madeavailable only for the mitigation of environ-mental impacts, including training and tech-nical assistance to tribes, related adminis-trative support, the gathering of informa-tion, documenting of environmental damage,and developing a system for prioritization ofmitigation and cost to complete estimatesfor mitigation, on Indian lands resultingfrom Department of Defense activities.

SEC. 8048. Amounts collected for the use ofthe facilities of the National Science Centerfor Communications and Electronics duringthe current fiscal year pursuant to section1459(g) of the Department of Defense Author-ization Act, 1986, and deposited to the specialaccount established under subsection1459(g)(2) of that Act are appropriated andshall be available until expended for the op-eration and maintenance of the Center asprovided for in subsection 1459(g)(2).

SEC. 8049. None of the funds appropriated inthis Act may be used to fill the commander’sposition at any military medical facilitywith a health care professional unless theprospective candidate can demonstrate pro-fessional administrative skills.

SEC. 8050. (a) None of the funds appro-priated in this Act may be expended by anentity of the Department of Defense unlessthe entity, in expending the funds, complieswith the Buy American Act. For purposes ofthis subsection, the term ‘‘Buy AmericanAct’’ means title III of the Act entitled ‘‘AnAct making appropriations for the Treasuryand Post Office Departments for the fiscalyear ending June 30, 1934, and for other pur-poses’’, approved March 3, 1933 (41 U.S.C. 10aet seq.).

(b) If the Secretary of Defense determinesthat a person has been convicted of inten-tionally affixing a label bearing a ‘‘Made inAmerica’’ inscription to any product sold inor shipped to the United States that is notmade in America, the Secretary shall deter-mine, in accordance with section 2410f oftitle 10, United States Code, whether the per-son should be debarred from contractingwith the Department of Defense.

(c) In the case of any equipment or prod-ucts purchased with appropriations providedunder this Act, it is the sense of the Congressthat any entity of the Department of De-fense, in expending the appropriation, pur-chase only American-made equipment andproducts, provided that American-madeequipment and products are cost-competi-tive, quality-competitive, and available in atimely fashion.

SEC. 8051. None of the funds appropriatedby this Act shall be available for a contractfor studies, analysis, or consulting servicesentered into without competition on thebasis of an unsolicited proposal unless thehead of the activity responsible for the pro-curement determines—

(1) as a result of thorough technical eval-uation, only one source is found fully quali-fied to perform the proposed work;

(2) the purpose of the contract is to explorean unsolicited proposal which offers signifi-cant scientific or technological promise, rep-resents the product of original thinking, andwas submitted in confidence by one source;or

(3) the purpose of the contract is to takeadvantage of unique and significant indus-trial accomplishment by a specific concern,or to insure that a new product or idea of aspecific concern is given financial support:Provided, That this limitation shall notapply to contracts in an amount of less than$25,000, contracts related to improvements ofequipment that is in development or produc-tion, or contracts as to which a civilian offi-cial of the Department of Defense, who hasbeen confirmed by the Senate, determinesthat the award of such contract is in the in-terest of the national defense.

SEC. 8052. (a) Except as provided in sub-sections (b) and (c), none of the funds madeavailable 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 de-partment who is transferred or reassignedfrom a headquarters activity if the memberor employee’s place of duty remains at thelocation of that headquarters.

(b) The Secretary of Defense or Secretaryof a military department may waive the lim-itations in subsection (a), on a case-by-casebasis, if the Secretary determines, and cer-tifies to the Committees on Appropriationsof the House of Representatives and Senatethat the granting of the waiver will reducethe personnel requirements or the financialrequirements of the department.

(c) This section does not apply to field op-erating agencies funded within the NationalForeign Intelligence Program.

SEC. 8053. Funds appropriated by this Act,or made available by the transfer of funds inthis Act, for intelligence activities aredeemed to be specifically authorized by theCongress for purposes of section 504 of theNational Security Act of 1947 (50 U.S.C. 414)during fiscal year 2002 until the enactment ofthe Intelligence Authorization Act for FiscalYear 2002.

SEC. 8054. Notwithstanding section 303 ofPublic Law 96–487 or any other provision oflaw, the Secretary of the Navy is authorizedto lease real and personal property at NavalAir Facility, Adak, Alaska, pursuant to 10U.S.C. 2667(f), for commercial, industrial orother purposes: Provided, That notwith-standing any other provision of law, the Sec-retary of the Navy may remove hazardousmaterials from facilities, buildings, andstructures at Adak, Alaska, and may demol-ish or otherwise dispose of such facilities,buildings, and structures.

(RESCISSIONS)

SEC. 8055. Of the funds provided in Depart-ment of Defense Appropriations Acts, thefollowing funds are hereby rescinded fromthe following accounts and programs in thespecified 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 Evalua-tion, Army, 2001/2002’’, $16,300,000;

‘‘Research, Development, Test and Evalua-tion, Navy, 2001/2002’’, $58,800,000;

‘‘Research, Development, Test and Evalua-tion, Air Force, 2001/2002’’, $74,433,000; and

‘‘Defense Health Program, 2001/2002’’,$4,000,000.

SEC. 8056. None of the funds available inthis Act may be used to reduce the author-ized positions for military (civilian) techni-cians of the Army National Guard, the AirNational Guard, Army Reserve and Air ForceReserve for the purpose of applying any ad-ministratively imposed civilian personnelceiling, freeze, or reduction on military (ci-vilian) technicians, unless such reductionsare a direct result of a reduction in militaryforce structure.

SEC. 8057. None of the funds appropriatedor otherwise made available in this Act maybe obligated or expended for assistance tothe Democratic People’s Republic of NorthKorea unless specifically appropriated forthat purpose.

SEC. 8058. During the current fiscal year,funds appropriated in this Act are availableto compensate members of the NationalGuard for duty performed pursuant to a plansubmitted by a Governor of a State and ap-proved by the Secretary of Defense undersection 112 of title 32, United States Code:Provided, That during the performance ofsuch duty, the members of the NationalGuard shall be under State command andcontrol: Provided further, That such dutyshall be treated as full-time National Guardduty for purposes of sections 12602(a)(2) and(b)(2) of title 10, United States Code.

SEC. 8059. Funds appropriated in this Actfor operation and maintenance of the Mili-tary Departments, Combatant Commandsand Defense Agencies shall be available forreimbursement of pay, allowances and otherexpenses which would otherwise be incurredagainst appropriations for the NationalGuard and Reserve when members of the Na-tional Guard and Reserve provide intel-ligence or counterintelligence support toCombatant Commands, Defense Agencies andJoint Intelligence Activities, including theactivities and programs included within theNational Foreign Intelligence Program(NFIP), the Joint Military Intelligence Pro-gram (JMIP), and the Tactical Intelligenceand Related Activities (TIARA) aggregate:Provided, That nothing in this section au-thorizes deviation from established Reserveand National Guard personnel and trainingprocedures.

SEC. 8060. During the current fiscal year,none of the funds appropriated in this Actmay be used to reduce the civilian medicaland medical support personnel assigned tomilitary treatment facilities below the Sep-tember 30, 2001 level: Provided, That theService Surgeons General may waive thissection by certifying to the congressional de-fense committees that the beneficiary popu-lation is declining in some catchment areasand civilian strength reductions may be con-sistent with responsible resource steward-ship and capitation-based budgeting.

SEC. 8061. (a) LIMITATION ON PENTAGON REN-OVATION COSTS.—Not later than the dateeach year on which the President submits to

CONGRESSIONAL RECORD — HOUSEH8466 November 28, 2001Congress the budget under section 1105 oftitle 31, United States Code, the Secretary ofDefense shall submit to Congress a certifi-cation that the total cost for the planning,design, construction, and installation ofequipment for the renovation of wedges 2through 5 of the Pentagon Reservation, cu-mulatively, will not exceed four times thetotal cost for the planning, design, construc-tion, and installation of equipment for therenovation of wedge 1.

(b) ANNUAL ADJUSTMENT.—For purposes ofapplying the limitation in subsection (a), theSecretary shall adjust the cost for the ren-ovation of wedge 1 by any increase or de-crease in costs attributable to economic in-flation, based on the most recent economicassumptions issued by the Office of Manage-ment and Budget for use in preparation ofthe budget of the United States under sec-tion 1104 of title 31, United States Code.

(c) EXCLUSION OF CERTAIN COSTS.—For pur-poses of calculating the limitation in sub-section (a), the total cost for wedges 2through 5 shall not include—

(1) any repair or reconstruction cost in-curred as a result of the terrorist attack onthe Pentagon that occurred on September 11,2001;

(2) any increase in costs for wedges 2through 5 attributable to compliance withnew requirements of Federal, State, or locallaws; and

(3) any increase in costs attributable to ad-ditional security requirements that the Sec-retary of Defense considers essential to pro-vide a safe and secure working environment.

(d) CERTIFICATION COST REPORTS.—As partof the annual certification under subsection(a), the Secretary shall report the projectedcost (as of the time of the certification) for—

(1) the renovation of each wedge, includingthe amount adjusted or otherwise excludedfor such wedge under the authority of para-graphs (2) and (3) of subsection (c) for the pe-riod covered by the certification; and

(2) the repair and reconstruction of wedges1 and 2 in response to the terrorist attack onthe Pentagon that occurred on September 11,2001.

(e) DURATION OF CERTIFICATION REQUIRE-MENT.—The requirement to make an annualcertification under subsection (a) shall applyuntil the Secretary certifies to Congress thatthe renovation of the Pentagon Reservationis completed.

SEC. 8062. (a) None of the funds available tothe Department of Defense for any fiscalyear for drug interdiction or counter-drugactivities may be transferred to any otherdepartment or agency of the United Statesexcept as specifically provided in an appro-priations law.

(b) None of the funds available to the Cen-tral Intelligence Agency for any fiscal yearfor drug interdiction and counter-drug ac-tivities may be transferred to any other de-partment or agency of the United States ex-cept as specifically provided in an appropria-tions law.

(TRANSFER OF FUNDS)SEC. 8063. Appropriations available in this

Act under the heading ‘‘Operation and Main-tenance, Defense-Wide’’ for increasing en-ergy and water efficiency in Federal build-ings may, during their period of availability,be transferred to other appropriations orfunds of the Department of Defense forprojects related to increasing energy andwater efficiency, to be merged with and to beavailable for the same general purposes, andfor the same time period, as the appropria-tion or fund to which transferred.

SEC. 8064. None of the funds appropriatedby this Act may be used for the procurementof ball and roller bearings other than thoseproduced by a domestic source and of domes-

tic origin: Provided, That the Secretary ofthe military department responsible for suchprocurement may waive this restriction on acase-by-case basis by certifying in writing tothe Committees on Appropriations of theHouse of Representatives and the Senate,that adequate domestic supplies are notavailable to meet Department of Defense re-quirements on a timely basis and that suchan acquisition must be made in order to ac-quire capability for national security pur-poses: Provided further, That this restrictionshall not apply to the purchase of ‘‘commer-cial items’’, as defined by section 4(12) of theOffice of Federal Procurement Policy Act,except that the restriction shall apply toball or roller bearings purchased as enditems.

SEC. 8065. Notwithstanding any other pro-vision of law, funds available to the Depart-ment of Defense shall be made available toprovide transportation of medical suppliesand equipment, on a nonreimbursable basis,to American Samoa, and funds available tothe Department of Defense shall be madeavailable to provide transportation of med-ical supplies and equipment, on a non-reimbursable basis, to the Indian HealthService when it is in conjunction with acivil-military project.

SEC. 8066. None of the funds in this Actmay be used to purchase any supercomputerwhich is not manufactured in the UnitedStates, unless the Secretary of Defense cer-tifies to the congressional defense commit-tees that such an acquisition must be madein order to acquire capability for national se-curity purposes that is not available fromUnited States manufacturers.

SEC. 8067. Notwithstanding any other pro-vision of law, the Naval shipyards of theUnited States shall be eligible to participatein any manufacturing extension program fi-nanced by funds appropriated in this or anyother Act.

SEC. 8068. Notwithstanding any other pro-vision of law, each contract awarded by theDepartment of Defense during the currentfiscal year for construction or service per-formed in whole or in part in a State (as de-fined in section 381(d) of title 10, UnitedStates Code) which is not contiguous withanother State and has an unemploymentrate in excess of the national average rate ofunemployment as determined by the Sec-retary of Labor, shall include a provision re-quiring the contractor to employ, for thepurpose of performing that portion of thecontract in such State that is not contiguouswith another State, individuals who are resi-dents of such State and who, in the case ofany craft or trade, possess or would be ableto acquire promptly the necessary skills:Provided, That the Secretary of Defense maywaive the requirements of this section, on acase-by-case basis, in the interest of nationalsecurity.

SEC. 8069. None of the funds made availablein this or any other Act may be used to paythe salary of any officer or employee of theDepartment of Defense who approves or im-plements the transfer of administrative re-sponsibilities or budgetary resources of anyprogram, project, or activity financed bythis Act to the jurisdiction of another Fed-eral agency not financed by this Act withoutthe express authorization of Congress: Pro-vided, That this limitation shall not apply totransfers of funds expressly provided for inDefense Appropriations Acts, or provisions ofActs providing supplemental appropriationsfor the Department of Defense.

SEC. 8070. (a) LIMITATION ON TRANSFER OFDEFENSE ARTICLES AND SERVICES.—Notwith-standing any other provision of law, none ofthe funds available to the Department of De-fense for the current fiscal year may be obli-gated or expended to transfer to another na-

tion or an international organization any de-fense articles or services (other than intel-ligence services) for use in the activities de-scribed in subsection (b) unless the congres-sional defense committees, the Committeeon International Relations of the House ofRepresentatives, and the Committee on For-eign Relations of the Senate are notified 15days in advance of such transfer.

(b) COVERED ACTIVITIES.—This section ap-plies to—

(1) any international peacekeeping orpeace-enforcement operation under the au-thority of chapter VI or chapter VII of theUnited Nations Charter under the authorityof a United Nations Security Council resolu-tion; and

(2) any other international peacekeeping,peace-enforcement, or humanitarian assist-ance operation.

(c) REQUIRED NOTICE.—A notice under sub-section (a) shall include the following:

(1) A description of the equipment, sup-plies, or services to be transferred.

(2) A statement of the value of the equip-ment, supplies, or services to be transferred.

(3) In the case of a proposed transfer ofequipment or supplies—

(A) a statement of whether the inventoryrequirements of all elements of the ArmedForces (including the reserve components)for the type of equipment or supplies to betransferred have been met; and

(B) a statement of whether the items pro-posed to be transferred will have to be re-placed and, if so, how the President proposesto provide funds for such replacement.

(d) NATIONAL EMERGENCY OF SEPTEMBER 11,2001.—The 15-day prior notification periodcited in subsection (a) shall not apply to anycovered activity, operation or operations ini-tiated as a result of the national emergencyproclaimed by the President as a result ofthe terrorist attacks of September 11, 2001.For fiscal year 2002, the Department of De-fense shall provide quarterly reports, in bothunclassified and classified form, to the con-gressional defense committees, the Com-mittee on International Relations of theHouse of Representatives and the Committeeon Foreign Relations of the Senate, of anytransfers during the preceding quarter re-sulting from any covered activities, oper-ation or operations exempted from the 15-day prior notification period by this sub-section.

SEC. 8071. To the extent authorized by sub-chapter VI of chapter 148 of title 10, UnitedStates Code, the Secretary of Defense mayissue loan guarantees in support of UnitedStates defense exports not otherwise pro-vided for: Provided, That the total contingentliability of the United States for guaranteesissued under the authority of this sectionmay not exceed $15,000,000,000: Provided fur-ther, That the exposure fees charged and col-lected by the Secretary for each guaranteeshall be paid by the country involved andmay be financed as part of a loan guaranteedby the United States, provided that the expo-sure fee with respect to such loan guaranteebe fixed in an amount that is sufficient tomeet the potential liabilities of the UnitedStates under the loan guarantee: Providedfurther, That the Secretary shall providequarterly reports to the Committees on Ap-propriations, Armed Services, and ForeignRelations of the Senate and the Committeeson Appropriations, Armed Services, andInternational Relations in the House of Rep-resentatives on the implementation of thisprogram: Provided further, That amountscharged for administrative fees and depos-ited to the special account provided forunder section 2540c(d) of title 10, shall beavailable for paying the costs of administra-tive expenses of the Department of Defensethat are attributable to the loan guarantee

CONGRESSIONAL RECORD — HOUSE H8467November 28, 2001program under subchapter VI of chapter 148of title 10, United States Code.

SEC. 8072. None of the funds available tothe Department of Defense under this Actshall be obligated or expended to pay a con-tractor under a contract with the Depart-ment of Defense for costs of any amount paidby the contractor to an employee when—

(1) such costs are for a bonus or otherwisein excess of the normal salary paid by thecontractor to the employee; and

(2) such bonus is part of restructuring costsassociated with a business combination.

SEC. 8073. (a) None of the funds appro-priated or otherwise made available in thisAct may be used to transport or provide forthe transportation of chemical munitions oragents to the Johnston Atoll for the purposeof storing or demilitarizing such munitionsor agents.

(b) The prohibition in subsection (a) shallnot apply to any obsolete World War IIchemical munition or agent of the UnitedStates found in the World War II PacificTheater of Operations.

(c) The President may suspend the applica-tion of subsection (a) during a period of warin which the United States is a party.

SEC. 8074. None of the funds provided intitle IX of this Act for ‘‘Former Soviet UnionThreat Reduction’’ may be obligated or ex-pended to finance housing for any individualwho was a member of the military forces ofthe Soviet Union or for any individual who isor was a member of the military forces of theRussian Federation.


no more than $30,000,000 of appropriationsmade in this Act under the heading ‘‘Oper-ation and Maintenance, Defense-Wide’’ maybe transferred to appropriations available forthe pay of military personnel, to be mergedwith, and to be available for the same timeperiod as the appropriations to which trans-ferred, to be used in support of such per-sonnel in connection with support and serv-ices for eligible organizations and activitiesoutside the Department of Defense pursuantto section 2012 of title 10, United StatesCode.

SEC. 8076. For purposes of section 1553(b) oftitle 31, United States Code, any subdivisionof appropriations made in this Act under theheading ‘‘Shipbuilding and Conversion,Navy’’ shall be considered to be for the samepurpose as any subdivision under the heading‘‘Shipbuilding and Conversion, Navy’’ appro-priations in any prior year, and the 1 percentlimitation shall apply to the total amount ofthe appropriation.

SEC. 8077. During the current fiscal year, inthe case of an appropriation account of theDepartment of Defense for which the periodof availability for obligation has expired orwhich has closed under the provisions of sec-tion 1552 of title 31, United States Code, andwhich has a negative unliquidated or unex-pended balance, an obligation or an adjust-ment of an obligation may be charged to anycurrent appropriation account for the samepurpose as the expired or closed account if—

(1) the obligation would have been properlychargeable (except as to amount) to the ex-pired or closed account before the end of theperiod of availability or closing of that ac-count;

(2) the obligation is not otherwise properlychargeable to any current appropriation ac-count of the Department of Defense; and

(3) in the case of an expired account, theobligation is not chargeable to a current ap-propriation of the Department of Defenseunder the provisions of section 1405(b)(8) ofthe National Defense Authorization Act forFiscal Year 1991, Public Law 101–510, asamended (31 U.S.C. 1551 note): Provided, That

in the case of an expired account, if subse-quent review or investigation discloses thatthere was not in fact a negative unliquidatedor unexpended balance in the account, anycharge to a current account under the au-thority of this section shall be reversed andrecorded against the expired account: Pro-vided further, That the total amount chargedto a current appropriation under this sectionmay not exceed an amount equal to 1 percentof the total appropriation for that account.

SEC. 8078. Funds appropriated in title II ofthis Act and for the Defense Health Programin title VI of this Act for supervision and ad-ministration costs for facilities maintenanceand repair, minor construction, or designprojects may be obligated at the time the re-imbursable order is accepted by the per-forming activity: Provided, That for the pur-pose of this section, supervision and adminis-tration costs includes all in-house Govern-ment cost.

SEC. 8079. During the current fiscal year,the Secretary of Defense may waive reim-bursement of the cost of conferences, semi-nars, courses of instruction, or similar edu-cational activities of the Asia-Pacific Centerfor Security Studies for military officers andcivilian officials of foreign nations if theSecretary determines that attendance bysuch personnel, without reimbursement, is inthe national security interest of the UnitedStates: Provided, That costs for which reim-bursement is waived pursuant to this sectionshall be paid from appropriations availablefor the Asia-Pacific Center.

SEC. 8080. (a) Notwithstanding any otherprovision of law, the Chief of the NationalGuard Bureau may permit the use of equip-ment of the National Guard Distance Learn-ing Project by any person or entity on aspace-available, reimbursable basis. TheChief of the National Guard Bureau shall es-tablish the amount of reimbursement forsuch use on a case-by-case basis.

(b) Amounts collected under subsection (a)shall be credited to funds available for theNational Guard Distance Learning Projectand be available to defray the costs associ-ated with the use of equipment of the projectunder that subsection. Such funds shall beavailable for such purposes without fiscalyear limitation.

SEC. 8081. Using funds available by this Actor any other Act, the Secretary of the AirForce, pursuant to a determination undersection 2690 of title 10, United States Code,may implement cost-effective agreementsfor required heating facility modernizationin the Kaiserslautern Military Communityin the Federal Republic of Germany: Pro-vided, That in the City of Kaiserslauternsuch agreements will include the use ofUnited States anthracite as the base load en-ergy for municipal district heat to theUnited States Defense installations: Providedfurther, That at Landstuhl Army RegionalMedical Center and Ramstein Air Base, fur-nished heat may be obtained from private,regional or municipal services, if provisionsare included for the consideration of UnitedStates coal as an energy source.

SEC. 8082. Notwithstanding 31 U.S.C. 3902,during the current fiscal year, interest pen-alties may be paid by the Department of De-fense from funds financing the operation ofthe military department or defense agencywith which the invoice or contract paymentis associated.

SEC. 8083. None of the funds appropriated intitle IV of this Act may be used to procureend-items for delivery to military forces foroperational training, operational use or in-ventory requirements: Provided, That this re-striction does not apply to end-items used indevelopment, prototyping, and test activi-ties preceding and leading to acceptance foroperational use: Provided further, That this

restriction does not apply to programs fund-ed within the National Foreign IntelligenceProgram: Provided further, That the Sec-retary of Defense may waive this restrictionon a case-by-case basis by certifying in writ-ing to the Committees on Appropriations ofthe House of Representatives and the Senatethat it is in the national security interest todo so.

SEC. 8084. The amount appropriated in thisAct for ‘‘Operation and Maintenance, Navy’’,is hereby reduced by $245,000,000 to reflect aNavy Working Capital Fund cash balanceand rate stabilization adjustment.

SEC. 8085. Notwithstanding any other pro-vision in this Act, the total amount appro-priated in this Act is hereby reduced by$527,000,000, to reflect working capital fundfuel price re-estimates and rate stabilizationadjustments, to be derived as follows:

‘‘Operation and Maintenance, Army’’,$35,000,000;

‘‘Operation and Maintenance, Navy’’,$230,000,000;

‘‘Operation and Maintenance, MarineCorps’’, $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 availablein this Act may be used to approve or licensethe sale of the F–22 advanced tactical fighterto any foreign government.

SEC. 8087. (a) The Secretary of Defensemay, on a case-by-case basis, waive with re-spect to a foreign country each limitation onthe procurement of defense items from for-eign sources provided in law if the Secretarydetermines that the application of the limi-tation with respect to that country would in-validate cooperative programs entered intobetween the Department of Defense and theforeign country, or would invalidate recip-rocal trade agreements for the procurementof defense items entered into under section2531 of title 10, United States Code, and thecountry does not discriminate against thesame or similar defense items produced inthe 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 thisAct; and

(2) options for the procurement of itemsthat are exercised after such date under con-tracts that are entered into before such dateif the option prices are adjusted for any rea-son other than the application of a waivergranted under subsection (a).

(c) Subsection (a) does not apply to a limi-tation regarding construction of public ves-sels, ball and roller bearings, food, and cloth-ing or textile materials as defined by section11 (chapters 50–65) of the Harmonized TariffSchedule and products classified under head-ings 4010, 4202, 4203, 6401 through 6406, 6505,7019, 7218 through 7229, 7304.41 through7304.49, 7306.40, 7502 through 7508, 8105, 8108,8109, 8211, 8215, and 9404.

SEC. 8088. Funds made available to theCivil Air Patrol in this Act under the head-ing ‘‘Drug Interdiction and Counter-Drug Ac-tivities, Defense’’ may be used for the CivilAir Patrol Corporation’s counterdrug pro-gram, including its demand reduction pro-gram involving youth programs, as well asoperational and training drug reconnais-sance missions for Federal, State, and localgovernment agencies; for administrativecosts, including the hiring of Civil Air PatrolCorporation employees; for travel and perdiem expenses of Civil Air Patrol Corpora-tion personnel in support of those missions;and for equipment needed for mission sup-port or performance: Provided, That the De-partment of the Air Force should waive re-imbursement from the Federal, State, and

CONGRESSIONAL RECORD — HOUSEH8468 November 28, 2001local government agencies for the use ofthese funds.

SEC. 8089. Notwithstanding any other pro-vision of law, the TRICARE managed caresupport contracts in effect, or in final stagesof acquisition as of September 30, 2000, maybe extended for 2 years: Provided, That anysuch extension may only take place if theSecretary of Defense determines that it is inthe best interest of the Government: Pro-vided further, That any contract extensionshall be based on the price in the final bestand final offer for the last year of the exist-ing contract as adjusted for inflation andother factors mutually agreed to by the con-tractor and the Government: Provided fur-ther, That notwithstanding any other provi-sion of law, all future TRICARE managedcare support contracts replacing contracts ineffect, or in the final stages of acquisition asof September 30, 2001, may include a basecontract period for transition and up toseven 1-year option periods.

SEC. 8090. None of the funds in this Actmay be used to compensate an employee ofthe Department of Defense who initiates anew start program without notification tothe Office of the Secretary of Defense, theOffice of Management and Budget, and thecongressional defense committees, as re-quired by Department of Defense financialmanagement regulations.

SEC. 8091. (a) PROHIBITION.—None of thefunds made available by this Act may beused to support any training program involv-ing a unit of the security forces of a foreigncountry if the Secretary of Defense has re-ceived credible information from the Depart-ment of State that the unit has committed agross violation of human rights, unless allnecessary 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 con-duct any training program referred to in sub-section (a), full consideration is given to allcredible information available to the Depart-ment of State relating to human rights vio-lations by foreign security forces.

(c) WAIVER.—The Secretary of Defense,after consultation with the Secretary ofState, may waive the prohibition in sub-section (a) if he determines that such waiveris required by extraordinary circumstances.

(d) REPORT.—Not more than 15 days afterthe exercise of any waiver under subsection(c), the Secretary of Defense shall submit areport to the congressional defense commit-tees describing the extraordinary cir-cumstances, the purpose and duration of thetraining program, the United States forcesand the foreign security forces involved inthe training program, and the informationrelating to human rights violations that ne-cessitates the waiver.

SEC. 8092. The Secretary of Defense, in co-ordination with the Secretary of Health andHuman Services, may carry out a program todistribute surplus dental equipment of theDepartment of Defense, at no cost to the De-partment of Defense, to Indian health servicefacilities and to federally-qualified healthcenters (within the meaning of section1905(l)(2)(B) of the Social Security Act (42U.S.C. 1396d(l)(2)(B))).

SEC. 8093. The total amount appropriatedin this Act is hereby reduced by $200,000,000to reflect savings from favorable foreign cur-rency 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, Air Force’’,$26,400,000;

‘‘Operation and Maintenance, Defense-Wide’’, $23,000,000; and

‘‘Operation and Maintenance, Air ForceReserve’’, $1,400,000.

SEC. 8094. None of the funds appropriatedor made available in this Act to the Depart-ment of the Navy shall be used to develop,lease or procure the T–AKE class of ships un-less the main propulsion diesel engines andpropulsors are manufactured in the UnitedStates by a domestically operated entity:Provided, That the Secretary of Defense maywaive this restriction on a case-by-case basisby certifying in writing to the Committeeson Appropriations of the House of Represent-atives and the Senate that adequate domes-tic supplies are not available to meet De-partment of Defense requirements on a time-ly basis and that such an acquisition must bemade in order to acquire capability for na-tional security purposes or there exists a sig-nificant cost or quality difference.

SEC. 8095. The budget of the President forfiscal year 2003 submitted to the Congresspursuant to section 1105 of title 31, UnitedStates Code, and each annual budget requestthereafter, shall include separate budget jus-tification documents for costs of UnitedStates Armed Forces’ participation in con-tingency operations for the Military Per-sonnel accounts, the Overseas ContingencyOperations Transfer Fund, the Operation andMaintenance accounts, and the Procurementaccounts: Provided, That these budget jus-tification documents shall include a descrip-tion of the funding requested for each antici-pated contingency operation, for each mili-tary service, to include active duty andGuard and Reserve components, and for eachappropriation account: Provided further, Thatthese documents shall include estimatedcosts for each element of expense or objectclass, a reconciliation of increases and de-creases for ongoing contingency operations,and programmatic data including, but notlimited to troop strength for each activeduty and Guard and Reserve component, andestimates of the major weapons systems de-ployed in support of each contingency: Pro-vided further, That these documents shall in-clude budget exhibits OP–5 and OP–32, as de-fined in the Department of Defense FinancialManagement Regulation, for the OverseasContingency Operations Transfer Fund forfiscal years 2001 and 2002.

SEC. 8096. None of the funds appropriatedor otherwise made available by this or otherDepartment of Defense Appropriations Actsmay be obligated or expended for the purposeof performing repairs or maintenance tomilitary family housing units of the Depart-ment of Defense, including areas in suchmilitary family housing units that may beused for the purpose of conducting officialDepartment of Defense business.

SEC. 8097. Notwithstanding any other pro-vision of law, funds appropriated in this Actunder the heading ‘‘Research, Development,Test and Evaluation, Defense-Wide’’ for anyadvanced concept technology demonstrationproject may only be obligated 30 days after areport, including a description of the projectand its estimated annual and total cost, hasbeen provided in writing to the congressionaldefense committees: Provided, That the Sec-retary of Defense may waive this restrictionon a case-by-case basis by certifying to thecongressional defense committees that it isin the national interest to do so.

SEC. 8098. Notwithstanding any other pro-vision of law, for the purpose of establishing

all Department of Defense policies governingthe provision of care provided by and fi-nanced under the military health care sys-tem’s case management program under 10U.S.C. 1079(a)(17), the term ‘‘custodial care’’shall be defined as care designed essentiallyto assist an individual in meeting the activi-ties of daily living and which does not re-quire the supervision of trained medical,nursing, paramedical or other speciallytrained individuals: Provided, That the casemanagement program shall provide thatmembers and retired members of the mili-tary services, and their dependents and sur-vivors, have access to all medically nec-essary health care through the health caredelivery system of the military services re-gardless of the health care status of the per-son seeking the health care: Provided further,That the case management program shall bethe primary obligor for payment of medi-cally necessary services and shall not be con-sidered as secondarily liable to title XIX ofthe Social Security Act, other welfare pro-grams or charity based care.

SEC. 8099. (a) During the current fiscalyear, any refund described in subsection (b)may be credited to the operation and main-tenance account of the Department of De-fense that is current when the refund is re-ceived and that is available for the same pur-poses 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 theArmed Forces or a civilian employee of theDepartment of Defense.

(2) Any refund attributable to the use of aGovernment Purchase card by a member ofthe Armed Forces or a civilian employee ofthe Department of Defense.

(3) Any refund attributable to official Gov-ernment travel by a member of the ArmedForces or a civilian employee of the Depart-ment of Defense that is arranged by a Gov-ernment Contracted Travel ManagementCenter.

SEC. 8100. (a) REGISTERING FINANCIAL MAN-AGEMENT INFORMATION TECHNOLOGY SYSTEMSWITH DOD CHIEF INFORMATION OFFICER.—None of the funds appropriated in this Actmay be used for a mission critical or missionessential financial management informationtechnology system (including a system fund-ed by the defense working capital fund) thatis not registered with the Chief InformationOfficer of the Department of Defense. A sys-tem shall be considered to be registered withthat officer upon the furnishing to that offi-cer of notice of the system, together withsuch information concerning the system asthe Secretary of Defense may prescribe. A fi-nancial management information technologysystem shall be considered a mission criticalor mission essential information technologysystem as defined by the Under Secretary ofDefense (Comptroller).

(b) CERTIFICATIONS AS TO COMPLIANCE WITHFINANCIAL MANAGEMENT MODERNIZATIONPLAN.—(1) During the current fiscal year, afinancial management major automated in-formation system may not receive MilestoneI approval, Milestone II approval, or Mile-stone III approval, or their equivalent, with-in the Department of Defense until theUnder Secretary of Defense (Comptroller)certifies, with respect to that milestone,that the system is being developed in accord-ance with the Department’s Financial Man-agement Modernization Plan. The UnderSecretary of Defense (Comptroller) may re-quire additional certifications, as appro-priate, with respect to any such system.

(2) The Chief Information Officer shall pro-vide the congressional defense committeestimely notification of certifications underparagraph (1).

(c) DEFINITIONS.—For purposes of this sec-tion:

CONGRESSIONAL RECORD — HOUSE H8469November 28, 2001(1) The term ‘‘Chief Information Officer’’

means the senior official of the Departmentof Defense designated by the Secretary ofDefense pursuant to section 3506 of title 44,United States Code.

(2) The term ‘‘information technology sys-tem’’ has the meaning given the term ‘‘infor-mation technology’’ in section 5002 of theClinger-Cohen Act of 1996 (40 U.S.C. 1401).

(3) The term ‘‘major automated informa-tion system’’ has the meaning given thatterm in Department of Defense Directive5000.1.

SEC. 8101. During the current fiscal year,none of the funds available to the Depart-ment of Defense may be used to provide sup-port to another department or agency of theUnited States if such department or agencyis more than 90 days in arrears in makingpayment to the Department of Defense forgoods or services previously provided to suchdepartment or agency on a reimbursablebasis: Provided, That this restriction shallnot apply if the department is authorized bylaw to provide support to such department oragency on a nonreimbursable basis, and isproviding the requested support pursuant tosuch authority: Provided further, That theSecretary of Defense may waive this restric-tion on a case-by-case basis by certifying inwriting to the Committees on Appropria-tions of the House of Representatives andthe Senate that it is in the national securityinterest to do so.

SEC. 8102. None of the funds provided inthis Act may be used to transfer to any non-governmental entity ammunition held bythe Department of Defense that has a center-fire cartridge and a United States militarynomenclature designation of ‘‘armor pene-trator’’, ‘‘armor piercing (AP)’’, ‘‘armorpiercing incendiary (API)’’, or ‘‘armor-pierc-ing incendiary-tracer (API–T)’’, except to anentity performing demilitarization servicesfor the Department of Defense under a con-tract that requires the entity to dem-onstrate to the satisfaction of the Depart-ment of Defense that armor piercing projec-tiles are either: (1) rendered incapable ofreuse by the demilitarization process; or (2)used to manufacture ammunition pursuantto a contract with the Department of De-fense or the manufacture of ammunition forexport pursuant to a License for PermanentExport of Unclassified Military Articlesissued by the Department of State.

SEC. 8103. Notwithstanding any other pro-vision of law, the Chief of the NationalGuard Bureau, or his designee, may waivepayment of all or part of the considerationthat otherwise would be required under 10U.S.C. 2667, in the case of a lease of personalproperty for a period not in excess of 1 yearto any organization specified in 32 U.S.C.508(d), or any other youth, social, or fra-ternal non-profit organization as may be ap-proved by the Chief of the National GuardBureau, or his designee, on a case-by-casebasis.

SEC. 8104. None of the funds appropriatedby this Act shall be used for the support ofany nonappropriated funds activity of theDepartment of Defense that procures maltbeverages and wine with nonappropriatedfunds for resale (including such alcoholicbeverages sold by the drink) on a militaryinstallation located in the United States un-less such malt beverages and wine are pro-cured within that State, or in the case of theDistrict of Columbia, within the District ofColumbia, in which the military installationis located: Provided, That in a case in whichthe military installation is located in morethan one State, purchases may be made inany State in which the installation is lo-cated: Provided further, That such local pro-curement requirements for malt beveragesand wine shall apply to all alcoholic bev-

erages only for military installations inStates which are not contiguous with an-other State: Provided further, That alcoholicbeverages other than wine and malt bev-erages, in contiguous States and the Districtof Columbia shall be procured from the mostcompetitive source, price and other factorsconsidered.

SEC. 8105. During the current fiscal year,under regulations prescribed by the Sec-retary of Defense, the Center of Excellencefor Disaster Management and HumanitarianAssistance may also pay, or authorize pay-ment for, the expenses of providing or facili-tating education and training for appro-priate military and civilian personnel of for-eign countries in disaster management,peace operations, and humanitarian assist-ance: Provided, That not later than April 1,2002, the Secretary of Defense shall submitto the congressional defense committees areport regarding the training of foreign per-sonnel conducted under this authority dur-ing the preceding fiscal year for which ex-penses were paid under the section: Providedfurther, That the report shall specify thecountries in which the training was con-ducted, the type of training conducted, andthe foreign personnel trained.

SEC. 8106. (a) The Department of Defense isauthorized to enter into agreements with theVeterans Administration and federally-fund-ed health agencies providing services to Na-tive Hawaiians for the purpose of estab-lishing a partnership similar to the AlaskaFederal Health Care Partnership, in order tomaximize Federal resources in the provisionof health care services by federally-fundedhealth agencies, applying telemedicine tech-nologies. For the purpose of this partnership,Native Hawaiians shall have the same statusas other Native Americans who are eligiblefor the health care services provided by theIndian Health Service.

(b) The Department of Defense is author-ized to develop a consultation policy, con-sistent with Executive Order No. 13084(issued May 14, 1998), with Native Hawaiiansfor the purpose of assuring maximum NativeHawaiian participation in the direction andadministration of governmental services soas to render those services more responsiveto the needs of the Native Hawaiian commu-nity.

(c) For purposes of this section, the term‘‘Native Hawaiian’’ means any individualwho is a descendant of the aboriginal peoplewho, prior to 1778, occupied and exercisedsovereignty in the area that now comprisesthe State of Hawaii.

SEC. 8107. In addition to the amounts pro-vided elsewhere in this Act, the amount of$10,000,000 is hereby appropriated for ‘‘Oper-ation and Maintenance, Defense-Wide’’, to beavailable, notwithstanding any other provi-sion of law, only for a grant to the UnitedService Organizations Incorporated, a feder-ally chartered corporation under chapter2201 of title 36, United States Code. Thegrant provided under authority of this sec-tion is in addition to any grant provided forunder any other provision of law.

SEC. 8108. Of the amounts appropriated inthe Act under the heading, ‘‘Research, Devel-opment, Test and Evaluation, Ballistic Mis-sile Defense Organization’’, $34,000,000 maybe available for the purpose of adjusting thecost-share of the parties under the Agree-ment between the Department of Defenseand the Ministry of Defence of Israel for theArrow Deployability Program.

SEC. 8109. Funds available to the Depart-ment of Defense for the Global PositioningSystem during the current fiscal year maybe used to fund civil requirements associatedwith the satellite and ground control seg-ments of such system’s modernization pro-gram.

(INCLUDING TRANSFER OF FUNDS)SEC. 8110. Of the amounts appropriated in

this Act under the heading, ‘‘Operation andMaintenance, Defense-Wide’’, $115,000,000shall remain available until expended: Pro-vided, That notwithstanding any other provi-sion of law, the Secretary of Defense is au-thorized to transfer such funds to other ac-tivities of the Federal Government.

SEC. 8111. The Ballistic Missile Defense Or-ganization and its subordinate offices and as-sociated contractors, including the LeadSystems Integrator, shall notify the congres-sional defense committees 15 days prior toissuing any type of information or proposalsolicitation for the Ground Based MidcourseDefense Segment with a potential annualcontract value greater than $5,000,000 or atotal contract value greater than $30,000,000.

SEC. 8112. None of the funds appropriated inthis Act under the heading ‘‘Overseas Con-tingency Operations Transfer Fund’’ may betransferred or obligated for Department ofDefense expenses not directly related to theconduct of overseas contingencies: Provided,That the Secretary of Defense shall submit areport no later than 30 days after the end ofeach fiscal quarter to the Committees on Ap-propriations of the Senate and House of Rep-resentatives that details any transfer offunds from the ‘‘Overseas Contingency Oper-ations Transfer Fund’’: Provided further, Thatthe report shall explain any transfer for themaintenance of real property, pay of civilianpersonnel, base operations support, andweapon, vehicle or equipment maintenance.

SEC. 8113. The Secretary of Defense maytreat the opening of the Pacific Wing of theNational D-Day Museum in New Orleans,Louisiana, as an official event of the Depart-ment of Defense for the purposes of the pro-vision of support for ceremonies and activi-ties related to that opening.

SEC. 8114. Section 8106 of the Departmentof Defense Appropriations Act, 1997 (titles Ithrough VIII of the matter under subsection101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in ef-fect to apply to disbursements that are madeby the Department of Defense in fiscal year2002.

SEC. 8115. In addition to amounts providedin this Act, $2,000,000 is hereby appropriatedfor ‘‘Defense Health Program’’, to remainavailable for obligation until expended: Pro-vided, That notwithstanding any other provi-sion of law, these funds shall be availableonly for a grant to the Fisher House Founda-tion, Inc., only for the construction and fur-nishing of additional Fisher Houses to meetthe needs of military family members whenconfronted with the illness or hospitalizationof an eligible military beneficiary.

(INCLUDING TRANSFER OF FUNDS)SEC. 8116. In addition to the amounts ap-

propriated elsewhere in this Act, $2,000,000,to remain available until expended, is herebyappropriated to the Department of Defense:Provided, That not later than 30 days afterthe enactment of this Act, the Secretary ofDefense shall transfer these funds to the De-partment of Energy appropriation account‘‘Fossil Energy Research and Development’’,only for a proposed conceptual design studyto examine the feasibility of a zero emis-sions, steam injection process with possibleapplications for increased power generationefficiency, enhanced oil recovery and carbonsequestration.

SEC. 8117. The total amount appropriatedin this Act is reduced by $955,000,000, for effi-ciencies in the contractor work force, to bederived as follows:



CONGRESSIONAL RECORD — HOUSEH8470 November 28, 2001‘‘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 Re-

serve’’, $23,200,000;‘‘Operation and Maintenance, Navy Re-

serve’’, $3,300,000;‘‘Operation and Maintenance, Air Force

Reserve’’, $31,200,000;‘‘Operation and Maintenance, Army Na-

tional Guard’’, $53,600,000;‘‘Operation and Maintenance, Air National

Guard’’, $52,500,000;‘‘Research, Development, Test and Evalua-

tion, Army’’, $35,300,000;‘‘Research, Development, Test and Evalua-

tion, Navy’’, $3,000,000;‘‘Research, Development, Test and Evalua-

tion, Air Force’’, $15,700,000; and‘‘Research, Development, Test and Evalua-

tion, Defense-Wide’’, $2,700,000.SEC. 8118. Funds appropriated for Operation

and Maintenance in title II of this Act maybe used to complete certain projects forwhich funds have been provided from—

(1) amounts appropriated for ‘‘Operationand Maintenance, Navy’’ in section 110 of theEmergency Supplemental Act, 2000 (divisionB of Public Law 106–246; 114 Stat. 530); or

(2) amounts appropriated for ‘‘Operationand Maintenance, Navy’’ in section9001(a)(2)(i) of the Department of Defense Ap-propriations Act, 2001 (Public Law 106–259;114 Stat. 709).

SEC. 8119. Notwithstanding any other pro-vision of law, from funds appropriated in thisor any other Act under the heading, ‘‘Air-craft Procurement, Air Force’’, that remainavailable for obligation, not to exceed$16,000,000 shall be available for recording,adjusting, and liquidating obligations for theC–17 aircraft properly chargeable to the fis-cal year 1998 ‘‘Aircraft Procurement, AirForce’’ account: Provided, That the Sec-retary of the Air Force shall notify the con-gressional defense committees 30 days priorto obligation of all of the specific sources offunds to be used for such purpose.

SEC. 8120. Notwithstanding any other pro-vision of law, from funds appropriated in thisor any other Act under the heading, ‘‘MissileProcurement, Air Force’’, that remain avail-able for obligation, not to exceed $50,000,000shall be available for recording, adjusting,and liquidating obligations properly charge-able to fiscal year 1997 and 1998 ‘‘Missile Pro-curement, Air Force’’ accounts: Provided,That the Secretary of the Air Force shall no-tify the congressional defense committees 30days prior to obligation of all of the specificsources of funds to be used for such purpose.


SEC. 8121. Of the amounts appropriated inthis Act under the heading, ‘‘Shipbuildingand Conversion, Navy’’, $680,000,000 shall beavailable until September 30, 2002, to fundprior year shipbuilding cost increases: Pro-vided, That upon enactment of this Act, theSecretary of Defense shall transfer suchfunds to the following appropriations in theamounts specified: Provided further, That theamounts transferred shall be merged withand be available for the same purposes andfor the same time period as the appropria-tions or fund to which transferred:

To:Under the heading, ‘‘Shipbuilding and Con-

version, Navy, 1995/2002’’: Carrier Replace-ment Program, $172,364,000;

Under the heading, ‘‘Shipbuilding and Con-version, Navy, 1996/2002’’: LPD–17 Amphib-ious Transport Dock Ship Program,$172,989,000;

Under the heading, ‘‘Shipbuilding and Con-version, Navy, 1997/2002’’: DDG–51 DestroyerProgram, $37,200,000;

Under the heading, ‘‘Shipbuilding and Con-version, Navy, 1998/2002’’:

NSSN Program, $123,561,000;DDG–51 Destroyer Program, $111,457,000;Under the heading, ‘‘Shipbuilding and Con-

version, Navy, 1999/2002’’: NSSN Program,$62,429,000.

(TRANSFER OF FUNDS)

SEC. 8122. Upon enactment of this Act, theSecretary of Defense shall make the fol-lowing transfers of funds: Provided, That theamounts transferred shall be available forthe same purpose as the appropriations towhich transferred, and for the same time pe-riod as the appropriation from which trans-ferred: Provided further, That the amountsshall be transferred between the followingappropriations in the amount specified:

From:Under the heading, ‘‘Shipbuilding and Con-

version, Navy, 1990/2002’’:TRIDENT ballistic missile submarine pro-

gram, $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 Con-

version, Navy, 1998/2002’’: DDG–51 destroyerprogram, $11,492,000;

From:Under the heading, ‘‘Shipbuilding and Con-

version, 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 ad-justments, $1,034,000;

To:Under the heading, ‘‘Shipbuilding and Con-

version, Navy, 1998/2002’’: DDG–51 destroyerprogram, $6,049,000.


SEC. 8123. Of the funds appropriated by thisAct under the heading, ‘‘Operation and Main-tenance, Navy’’, $56,000,000 shall remainavailable until expended, only for costs asso-ciated with the stabilization, return, refit-ting, necessary force protection upgrades,and repair of the U.S.S. COLE: Provided,That the Secretary of Defense may transferthese funds to appropriations accounts forprocurement and that the funds transferredshall be merged with and shall be availablefor the same purposes and for the same timeperiod as the appropriation to which trans-ferred: Provided further, That the transfer au-thority provided in this section is in additionto any other transfer authority available tothe Department of Defense.

SEC. 8124. The Secretary of the Navy maysettle, or compromise, and pay any and alladmiralty claims under 10 U.S.C. 7622 arisingout of the collision involving the U.S.S.GREENEVILLE and the EHIME MARU, inany amount and without regard to the mone-

tary limitations in subsections (a) and (b) ofthat section: Provided, That such paymentsshall be made from funds available to theDepartment of the Navy for operation andmaintenance.

SEC. 8125. Notwithstanding section 229(a) ofthe Social Security Act, no wages shall bedeemed to have been paid to any individualpursuant to that section in any calendaryear after 2001.

SEC. 8126. The total amount appropriatedin this Act is hereby reduced by $230,000,000to reflect fact-of-life changes in utilitiescosts, to be derived as follows:





‘‘Operation and Maintenance, Defense-Wide’’, $9,800,000;

‘‘Operation and Maintenance, Army Re-serve’’, $6,000,000;

‘‘Operation and Maintenance, Navy Re-serve’’, $2,300,000;

‘‘Operation and Maintenance, Marine CorpsReserve’’, $800,000;

‘‘Operation and Maintenance, Air ForceReserve’’, $3,000,000;

‘‘Operation and Maintenance, Army Na-tional Guard’’, $6,000,000;

‘‘Operation and Maintenance, Air NationalGuard’’, $7,500,000;

‘‘Drug Interdiction and Counter-Drug Ac-tivities, Defense’’, $800,000;

‘‘Defense Working Capital Funds’’,$14,400,000; and

‘‘Defense Health Program’’, $11,300,000.SEC. 8127. Notwithstanding any other pro-

vision in this Act, the total amount appro-priated in this Act is hereby reduced by$797,919,000, to reduce excess funded carry-over, to be derived as follows:





‘‘Operation and Maintenance, Defense-Wide’’, $15,000,000;

SEC. 8128. (a) Of the total amount appro-priated for ‘‘Operation and Maintenance, AirForce’’, $2,500,000, to remain available untilexpended, shall be available to the Secretaryof the Air Force only for the purpose of mak-ing a grant in the amount of $2,500,000 to theLafayette Escadrille Memorial Foundation,Inc., to be used to perform the repair, res-toration, and preservation of the structure,plaza, and surrounding grounds of the Lafay-ette Escadrille Memorial in Marnes la-Coguette, France.

(b) The Secretary shall require as a condi-tion of the grant—

(1) that the funds provided through thegrant be used only for costs associated withsuch repair, restoration, and preservation;and

(2) that none of those funds may be usedfor remuneration of any entity or individualassociated with fund raising for the projectto carry out such repair, restoration, andpreservation.

SEC. 8129. None of the funds in this or anyother Act may be used by the Secretary ofthe Interior to remove the five foot tall me-morial cross originally erected in 1934 by theVeterans of Foreign Wars in honor of fallenWorld War I veterans and located within theboundary of the Mojave National Preserve insouthern California along Cima Road ap-proximately 11 miles south of Interstate 15.

CONGRESSIONAL RECORD — HOUSE H8471November 28, 2001SEC. 8130. In addition to the amounts pro-

vided elsewhere in this Act, the amount of$6,000,000 is hereby appropriated to the De-partment of Defense for ‘‘Operation andMaintenance, Navy’’. Such amount shall beused by the Secretary of the Navy only tomake a grant in the amount of $6,000,000 tothe U.S.S. Alabama Battleship Foundation, anonprofit organization established under thelaws of the State of Alabama, to be availableonly for the preservation of the formerU.S.S. ALABAMA (ex BB–60) as a museumand memorial.

SEC. 8131. In addition to the amounts pro-vided elsewhere in this Act, the amount of$5,000,000 is hereby appropriated to the De-partment of Defense for ‘‘Operation andMaintenance, Navy’’. Such amount shall beused by the Secretary of the Navy only tomake a grant in the amount of $5,000,000 tothe Intrepid Sea-Air-Space Foundation onlyfor the preservation of the former U.S.S. IN-TREPID (CV 11) as a museum and memorial.

SEC. 8132. In addition to the amounts pro-vided elsewhere in this Act, the amount of$6,000,000 is hereby appropriated to the De-partment of Defense for ‘‘Operation andMaintenance, Air Force’’. Such amount shallbe used by the Secretary of the Air Forceonly to make a grant in the amount of$6,000,000 to the Medical Lake School Dis-trict, Washington State school district num-ber 326, for relocation of the Fairchild AirForce Base Elementary School within theboundary of Fairchild Air Force Base, Wash-ington.

SEC. 8133. In addition to the amounts pro-vided elsewhere in this Act, the amount of$5,000,000 is hereby appropriated to the De-partment of Defense for ‘‘Operation andMaintenance, Navy’’. Such amount shall beused by the Secretary of the Navy only tomake a grant in the amount of $5,000,000 tothe Central Kitsap School District, Wash-ington State school district number 401, forthe purchase and installation of equipmentfor a special needs learning center to meetthe needs of Department of Defense specialneeds students at Submarine Base Bangor,Washington.

SEC. 8134. (a) In addition to amounts pro-vided elsewhere in this Act, the amount of$10,000,000 is hereby appropriated for ‘‘Oper-ation and Maintenance, Defense-Wide’’, to beavailable to the Secretary of Defense onlyfor the purpose of making a grant for thepurpose specified in section 8156 of the De-partment of Defense Appropriations Act, 2001(Public Law 106–259; 114 Stat. 707), as amend-ed by subsection (b). Such grant shall bemade not later than 90 days after the date ofthe enactment of this Act.

(b) Section 8156 of the Department of De-fense Appropriations Act, 2001 (Public Law106–259; 114 Stat. 707), is amended by strikingthe comma after ‘‘California’’ the first placeit appears and all that follows through ‘‘96–8867)’’.

SEC. 8135. (a) ACTIVITIES UNDER FORMERLYUTILIZED SITES REMEDIAL ACTION PRO-GRAM.—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 theArmy, acting through the Chief of Engineers,under the Formerly Utilized Sites RemedialAction Program shall undertake the func-tions and activities specified in subsection(a) of such section in order to—

(1) clean up radioactive contamination atthe Shpack Landfill site located in Nortonand Attleboro, Massachusetts; and

(2) clean up radioactive waste at the Shal-low Land Disposal Area located in ParksTownship, Armstrong County, Pennsylvania,consistent with the Memorandum of Under-standing Between the United States NuclearRegulatory Commission and the UnitedStates Army Corps of Engineers for Coordi-

nation on Cleanup and Decommissioning ofthe Formerly Utilized Sites Remedial ActionProgram (FUSRAP) Sites with NRC-Li-censed Facilities, dated July 5, 2001.

(b) SPECIAL RULES REGARDING SHALLOWLAND DISPOSAL AREA.—The Secretary of theArmy shall seek to recover response costs in-curred by the Army Corps of Engineers forcleanup of the Shallow Land Disposal Areafrom appropriate responsible parties in ac-cordance with the Comprehensive Environ-mental Response, Compensation, and Liabil-ity Act of 1980 (42 U.S.C. 9601 et seq.). TheSecretary of the Army and the Corps of En-gineers shall not, by virtue of this cleanup,become liable for the actions or omissions ofpast, current, or future licensees, owners, oroperators of the Shallow Land Disposal Area.

(c) FUNDING SOURCES.—Amounts appro-priated to the Army Corps of Engineers forfiscal year 2001 and subsequent fiscal yearsand available for the Formerly Utilized SitesRemedial Action Program shall be availableto carry out this section.

SEC. 8136. In addition to amounts otherwiseappropriated or made available by this Act,$3,000,000 is appropriated to the Secretary ofthe Air Force and shall be used by the Sec-retary to reestablish the Tethered AerostatRadar System at Morgan City, Louisiana,previously used by the Air Force in mari-time, air, and land counter-drug detectionand monitoring. Of the amounts appro-priated or otherwise made available for oper-ation and maintenance for the Air Force, theSecretary shall use $3,000,000 to operate suchTethered Aerostat Radar System upon its re-establishment.

SEC. 8137. None of the funds in this Actmay be used to implement the establishmentof an independent unmanned aerial vehiclejoint operational test bed system and/or thetransfer of two Predator UAVs, tactical con-trol system (TCS) ground station and as-sorted equipment from the Navy to JointForces Command (JFCOM).

SEC. 8138. The $100,000 limitation estab-lished by Section 8043 of Public Law 106–259,shall not apply to amounts appropriated inthat Act under the heading ‘‘Operation andMaintenance, Defense-Wide’’ for expenses re-lated to certain classified activities associ-ated with foreign material.

SEC. 8139. The total amount appropriatedin this Act for Operation and Maintenance ishereby reduced by $330,000,000, to reflect sav-ings attributable to improved supervision indetermining appropriate purchases to bemade using the Government purchase card,to be derived as follows:




‘‘Operation and Maintenance, Air Force’’,$79,200,000; and

‘‘Operation and Maintenance, Defense-Wide’’, $23,100,000.

SEC. 8140. The Secretary of Defense and theSecretary of Veterans Affairs shall jointlyconduct a comprehensive assessment thatidentifies and evaluates changes to Depart-ment of Defense and Department of VeteransAffairs health care delivery policies, meth-ods, practices, and procedures in order toprovide improved health care services at re-duced costs to the taxpayer. This assessmentshall include a detailed independent review,based on a statement of work authored bythe Secretaries of both departments, of op-tions to collocate or share facilities and careproviders in areas where duplication and ex-cess capacity may exist, optimize economiesof scale through joint procurement of sup-plies and services, institute cooperative serv-ice agreements, and partially or fully inte-

grate DOD and VA systems providing tele-health services, computerized patientrecords, provider credentialing, surgicalquality assessment, rehabilitation services,administrative services, and centers of excel-lence for specialized health care services.The Secretaries shall jointly transmit a re-port to Congress by no later than March 1,2002, explaining the findings and conclusionsof this assessment, including detailed esti-mates of the costs, cost savings, and servicebenefits of each recommendation, and mak-ing legislative and administrative rec-ommendations to implement the results ofthis effort: Provided, That of the funds pro-vided under the heading ‘‘Defense HealthProgram’’ $5,000,000 shall be made availableonly for the purpose of conducting the as-sessment described in this section.

SEC. 8141. (a) Notwithstanding any otherprovision of law, operation and maintenancefunds provided in this Act may be used forthe purchase of ultralightweight camouflagenet systems as unit spares in order to mod-ernize the current inventory of camouflagescreens to state-of-the-art protection stand-ards more quickly than would otherwise bethe case.

(b) The authority provided by subsection(a) may not be used until the Secretary ofthe Army submits to the congressional de-fense committees a report certifying that,compared to the current system that can bepurchased with Army Operation and Mainte-nance funds, the ultralightweight camou-flage net system—

(1) is technically superior against multi-spectral threat sensors;

(2) is less costly per unit; and(3) provides improved overall force protec-

tion.SEC. 8142. (a) FORT IRWIN MILITARY LAND

WITHDRAWAL.—The provisions of title XXIXof H.R. 2586, as passed by the House of Rep-resentatives on September 25, 2001 (entitledthe Fort Irwin Military Land WithdrawalAct of 2001), are hereby enacted into law.

(b) PUBLICATION OF PROVISIONS ENACTED BYREFERENCE.—In publishing this Act in slipform and in the United States Statutes atLarge pursuant to section 112 of title 1,United States Code, the Archivist of theUnited States shall include after the date ofapproval an appendix setting forth the textof the provisions referred to in subsection(a).

SEC. 8143. Notwithstanding any other pro-vision in this Act, the total amount appro-priated in this Act for the Pentagon Reserva-tion Maintenance Revolving Fund, includingstandard real property operations is herebyreduced by $333,000,000, to be distributed asfollows:




‘‘Operation and Maintenance, Defense-Wide’’, $102,120,000; and

‘‘Research, Development, Test and Evalua-tion, Ballistic Missile Defense Organiza-tion’’, $4,110,000.

SEC. 8144. (a) FUNDING REDUCTION.—Theamount appropriated in this Act for ‘‘Oper-ation and Maintenance, Army’’ is hereby re-duced by $37,200,000 to reflect efficiencies inArmy acquisition management practices.

(b) LIMITATIONS.—Effective six monthsafter the date of enactment of this Act noneof the funds made available by this Act maybe used, directly or indirectly, for any of thefollowing purposes:

(1) To support the accomplishment ofArmy acquisition systems management func-tions by military or civilian personnel as-signed to or employed by the Army Trainingand Doctrine Command.

CONGRESSIONAL RECORD — HOUSEH8472 November 28, 2001(2) To accomplish Army acquisition system

requirements determination functions, oranalysis of alternatives functions, by mili-tary or civilian personnel assigned to or em-ployed by the Army Training and DoctrineCommand.

(3) To accomplish Army acquisition pro-gram management functions by military orcivilian personnel assigned to or employedby the Army Material Command.

(c) CIVILIAN PERSONNEL REDUCTIONS.—Pur-suant to this section, the Secretary of theArmy shall reduce the fiscal year end-strength number of civilian full-time equiva-lent employees performing Army acquisitionfunctions by 3 percent of the baseline num-ber for each fiscal year from fiscal year 2002through fiscal year 2006. For purposes of thepreceding sentence, the term ‘‘baseline num-ber’’ means the number of civilian full-timeequivalent employees performing Army ac-quisition functions as of the close of fiscalyear 2001.

(d) REPORTS.—(1) The Secretary of theArmy shall include with the fiscal year 2003budget justification materials for the De-partment of the Army information on—

(A) how personnel reductions required bysubsection (c) will be accomplished and howArmy acquisition system and program man-agement resources will be transferred toother Army elements by reason of those re-ductions; and

(B) any changes in Army policies toachieve compliance with the limitations insubsection (b).

(2) The Secretary shall include with thebudget justification materials for the De-partment of the Army for each of fiscal years2004 through 2007 information on—

(A) how personnel reductions required bysubsection (c) have been accomplished to thedate of the report and will be accomplishedduring the then-current fiscal year andthereafter; and

(B) how Army acquisition system and pro-gram management resources have beentransferred, as of the date of the report, toother Army elements by reason of those re-ductions and how such resources will betransferred during the then-current fiscalyear and thereafter to other Army elementsby reason of those reductions, and each sub-sequent annual budget request.

SEC. 8145. (a) NON-PROFIT ARMY VENTURECAPITAL CORPORATION.—Of the funds madeavailable for ‘‘Research, Development, Testand Evaluation, Army’’, $50,000,000 shall beavailable to the Secretary of the Army onlyfor the purpose of funding a venture capitalinvestment corporation established pursuantto section 2371 of title 10 United States Code,to be derived as specified in subsection (b).

(b) FUNDING.—The amount specified in sub-section (a) shall be derived by reducing, on apro rata basis, the following amounts: (1)Amounts made available to the Army forbasic research and applied research, exceptfor amounts for research projects designatedas congressional special interest items; (2)Amounts made available to the Army for re-search, development, test and evaluation re-lating to the Future Combat System.

SEC. 8146. Notwithstanding any other pro-vision of law, in addition to amounts appro-priated or otherwise made available in thisAct, $10,000,000 is hereby appropriated to‘‘Operation and Maintenance, Defense-Wide’’only for facility improvements necessary tointegrate the 910th Airlift Wing and relatedactivities at the Youngstown-Warren Re-gional Airport into the military cargo net-work.

SEC. 8147. Notwithstanding any other pro-vision of law, in addition to amounts appro-priated or otherwise made available in thisAct, $10,000,000 is hereby appropriated to‘‘Operation and Maintenance, Defense-Wide’’

only for facility improvements and equip-ment purchases necessary to augment thecapabilities of local government emergencyresponse units responsible for protection ofthe Pentagon Reservation to address emer-gency response deficiencies identified as aresult of the attack on the Pentagon of Sep-tember 11, 2001, and to provide additional ca-pabilities to meet the terrorism threat: Pro-vided, That the Secretary of Defense shallnegotiate and establish an appropriate Fed-eral share for facility improvements fi-nanced under this section prior to the ex-penditure of these funds.

SEC. 8148. Notwithstanding any other pro-vision of law or regulation, the Secretary ofDefense may exercise the provisions of 38U.S.C. 7403(g) for occupations listed in 28U.S.C. 7403(a)(2) as well as the following:

Pharmacists, Audiologists, and Dental Hy-gienists.

(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 maywaive any requirement that the fiscal year2001 Department of Defense financial state-ment include the accounts and associated ac-tivities of the Department of the Army andthe Department of the Navy, to the extentthat the Secretary determines necessary dueto the effects of the terrorist attack on thePentagon of September 11, 2001.

(b) If any accounts and associated activi-ties of the Department of the Army or theDepartment of the Navy are excluded fromthe fiscal year 2001 Department of Defense fi-nancial statement pursuant to subsection(a), the Secretary of Defense shall, as soon aspracticable after March 1, 2002, prepare andsubmit to the Director of the Office of Man-agement and Budget, a revised audited finan-cial statement for fiscal year 2001 that in-cludes all such accounts and activities.

(c) For purposes of this section, the term‘‘fiscal year 2001 Department of Defense fi-nancial statement’’ means the audited finan-cial statement of the Department of Defensefor fiscal year 2001 required by section 3515 oftitle 31, United States Code, to be submittedto the Director of the Office of Managementand Budget not later than March 1, 2002.

SEC. 8150. None of the funds appropriated inthis Act may be used to prepare a budget re-quest for submission to Congress by the De-partment of Defense for fiscal year 2003 thatcontains any proposal to acquire ships forthe Department of the Navy through the useof incremental funding amounts or advancedappropriations. The limitation against incre-mental funding does not apply to the specificshipbuilding programs that were funded onan incremental basis in fiscal year 2001.

SEC. 8151. In addition to amounts appro-priated or otherwise made available else-where in this Act, $20,000,000, to remainavailable until September 30, 2004, is herebyappropriated to ‘‘Aircraft Procurement, AirForce’’, only for the C–5 avionics moderniza-tion program.

SEC. 8152. In addition to amounts appro-priated or otherwise made available else-where in this Act, $10,000,000, to remainavailable until September 30, 2003, is herebyappropriated to ‘‘Research, Development,Test and Evaluation, Air Force’’, only forthe agile combat support (IMITS) program.

SEC. 8153. In addition to amounts appro-priated or otherwise made available else-where in this Act, $6,000,000, to remain avail-able until September 30, 2003, is hereby ap-propriated to ‘‘Research, Development, Testand Evaluation, Army’’, only for laser visioncorrection devices for the Walter Reed ArmyMedical Center.

SEC. 8154. Notwithstanding any other pro-vision of this Act, the Secretary of the Air

Force may enter into a multiyear contract,or extend an existing multiyear contract, forthe C–17 aircraft: Provided, That the author-ity to enter into such a contract (or contractextension) may not be exercised until a pe-riod of not less than 30 days has elapsed afterthe date of the submission of a report underparagraph (4) of section 2306b(l) of title 10,United States Code: Provided further, Thatthe authorities provided in this section shallnot be available until the Secretary of De-fense submits to the congressional defensecommittees a certification that the applica-ble requirements under section 2306b of title10, United States Code, and section 8008 ofthis Act with respect to such a contract (orcontract extension) have been met.

SEC. 8155. Except as expressly provided oth-erwise, any reference in a provision of titlesI through IX to ‘‘this Act’’ shall be treatedas referring only to the provisions of this di-vision.

Mr. LEWIS of California (during thereading). Mr. Chairman, I ask unani-mous consent that the remainder ofthe bill through pages 132, line 15, beconsidered as read, printed in theRECORD, and open to amendment atany point.

The CHAIRMAN. Is there objectionto the request of the gentleman fromCalifornia?

There was no objection.AMENDMENT OFFERED BY MR. LEWIS OF

CALIFORNIA

Mr. LEWIS of California. Mr. Chair-man, I offer an amendment.

The Clerk read as follows:Amendment offered by Mr. LEWIS of Cali-

fornia:At the end of title VIII of division A (page

132, after line 15), add the following new sec-tions:

SEC. 8156. Notwithstanding any other pro-vision of law, of the funds appropriated inthis Act under the heading ‘‘Operation andMaintenance, Defense-Wide’’, $1,680,500, toremain available until expended, is providedonly for payment of any expenses incurredafter April 1, 2002 of the Commission on theFuture of the United States Aerospace In-dustry pursuant to section 1092(e)(1) of theFloyd D. Spence National Defense Authoriza-tion Act for Fiscal Year 2001 (as enacted byPublic Law 106–398, 114 Stat 165A–215).

SEC. 8157. Of the funds appropriated in thisAct under the heading ‘‘Operation and Main-tenance, Defense-Wide’’, $1,000,000, to remainavailable until expended, shall be madeavailable to the Secretary of Defense, not-withstanding any other provision of law,only for a grant or grants to the SomersetCounty Board of Commissioners (in the Com-monwealth of Pennsylvania), to design andconstruct a memorial (including operatingand maintenance expenses for appropriatesecurity measures to protect the site) at theairplane crash site in Somerset County,Pennsylvania honoring the brave men,women, and children who perished followinga valiant struggle with terrorists aboardUnited Airlines Flight 93 on September 11,2001.

SEC. 8158. (a) None of the funds made avail-able in this division may be used topurchase—

(1) steel, or(2) equipment, products, or systems that

are necessary to national security or na-tional defense and that are made with steel,

that is not melted and poured in the UnitedStates except in cases in which the steel re-quired for the intended use is not melted andpoured in the United States.

CONGRESSIONAL RECORD — HOUSE H8473November 28, 2001(b) Subsection (a) shall not apply with re-

spect to a purchase that the Secretary of De-fense determines is necessary for national se-curity purposes.

SEC. 8159. (a) FINDINGS.—The Congress findsthat—

(1) in times when our national security isthreatened by possible attacks from foreignand domestic enemies, it is necessary thatthe United States have a sufficient supply ofcertain products that are essential for de-fending this Nation; and

(2) it has been the consistent intent of Con-gress that the Department of Defense, whenpurchasing items to support the ArmedForces, choose items that are wholly of do-mestic content and manufacture, especiallyitems identified as essential to our nationaldefense.

(b) SENSE OF CONGRESS.—It is the sense ofCongress that—

(1) it is vital that the United States main-tain a domestic manufacturing base for cer-tain products necessary to national security,so that our Nation does not become relianton foreign sources for such products andthereby vulnerable to disruptions in inter-national trade; and

(2) in cases where such domestic manufac-turing base is threatened, the United Statesshould take action to preserve such manu-facturing base.

Mr. LEWIS of California (during thereading). Mr. Chairman, I ask unani-mous consent that the amendment beconsidered as read and printed in theRECORD.


There was no objection.Mr. LEWIS of California. Mr. Chair-

man, this is an amendment that han-dles a number of technical items, and Iknow of no controversy. I ask for an‘‘aye’’ vote on these technical amend-ments.

Mr. REGULA. Mr. Chairman, through thepassage of the Buy American Act and otherrelated laws, Congress has consistently in-structed Federal agencies to buy productsmade in the United States whenever possible.Congress passed these laws not only to sup-port American manufacturers, but also to en-sure that in times of international conflict theUnited States would not be dependent on for-eign sources for products necessary to protectthis Nation and its interests.

We are now engaged in a campaign over-seas fighting terrorism. Furthermore, we arefaced with new threats on our homeland aswell. Now, more than ever, we cannot affordto become dependent on foreign manufac-tured products that are essential to our na-tional security. We need to maintain a domes-tic manufacturing source for these products.

I can give you an example of this need inmy own district. The Ansell Perry Glove Plantin Massillon, Ohio has been making surgicalgloves since 1935. Its parent company, whichis owned by an Australian holding company, ismoving this facility over to Asia. Once itmoves, there will no manufacturers of surgicalgloves in the United States.

I am trying to persuade the department ofdefense to keep buying American-made sur-gical gloves, so that this profitable facility canremain open. The department has tremendousbuying power—according to the defense logis-tics agency, it purchased nearly 3.5 milliondollars worth of surgical gloves in FY 2001alone.

This amendment is intended to re-empha-size the intent of Congress that federal agen-cies like the Defense Department should buyAmerican and that in a time of conflict anddanger, like we find ourselves in right now, itis vital that these agencies keep a domesticmanufacturing source for products that are es-sential for protecting our citizens at home andour troops stationed abroad.

Mr. LEWIS of California. Mr. Chair-man, I yield back the balance of mytime.

The CHAIRMAN. The question is onthe amendment offered by the gen-tleman 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 appro-priations bill since I have been in thisCongress. I have not opposed these billsbecause I do not believe in a strong na-tional defense; on the contrary, I be-lieve in a vigorous defense, a strongmilitary, and proper treatment of ourmen and women in uniform, includinggood pay, decent housing, and appro-priate benefits.

I have objected, however, to the ex-cessive spending on items that are notcritical to our defense. I have opposedspending billions of dollars on missiledefense systems that threaten our se-curity more than protect it. I have op-posed the development of three fighteraircraft simultaneously at such a highcost that it threatens other crucialareas of our security. I have opposedsupporting excessive military infra-structure that the last three Secre-taries of Defense have told us is unnec-essary to meet current needs. I haveopposed the force structure that wasbased on a flawed two-war strategythat failed to consider the practicalchallenges facing America’s vital inter-ests. Recently, Secretary Rumsfeld hascalled for an overhaul of this flawedstrategy.

In short, I have argued for a smallerand more efficient U.S. military, morefitted to the actual threats likely to befaced by this country than to the nolonger existing threats of an invasionthrough the Fulda Gap in Europe. I be-lieve America would have been betterserved had our military spending beenused more wisely over the past 10years.

I had intended, however, to votetoday in favor of this defense appro-priation bill. It would have been myfirst vote in favor of a defense appro-priation bill. Our country has been at-tacked, and we should all support thewar effort. We must all support the ef-forts of our men and women in uniformduring the current war in Afghanistan.I understand their need for supportduring this critical time, and I want tovote to give them the resources theyneed to meet the challenges they faceand also to increase security at home.I support the pay increases and I sup-port fully funding health care for mili-tary retirees. I support providing fundsto aid in the dismantlement of nuclear

weapons in the former Soviet Union,and I support many of the newcounterterrorism activities.

Unfortunately, I cannot in good con-science vote for this bill today becauseof the supplemental funding provisionincluded in the bill that actually cutsfunding that was intended to help NewYork recover from the terrorist at-tacks on September 11. The bill beforethe House today breaks the solemnpledge; not only breaks it but repudi-ates the solemn pledge made to thepeople of the State that suffered thebrunt of the attack on our Nation. Itamends the bill passed by this House inSeptember and signed into law by thePresident in September that appro-priated $40 billion, and that said atleast half that $40 billion had to beused for reconstruction and recoveryefforts in the States of New York,Pennsylvania, and Virginia.

This supplemental bill, included inthis appropriations bill, welshes onthat pledge and actually amends thelaw to cut that funding roughly in halfto about $10 billion. This is outrageousand, quite frankly, shocking to those ofus who represent districts that tookthe brunt of the attack on September11 and are still suffering from it.

For that reason, I will vote againstthis bill, though I support the otherprovisions, and I had hoped to be ableto vote for the first time for a defenseappropriation bill. But because of thecutting in half of funding to New York,Virginia, and Pennsylvania in the sup-plemental portion of this bill, I amgoing to have to vote against it, quitereluctantly.

Mr. LEWIS of California. Mr. Chair-man, I ask unanimous consent that theremainder of the bill, through page 138,line 7, be considered as read, printed inthe RECORD, and open to amendment atany point.


Mr. FILNER. Mr. Chairman, reserv-ing the right to object, I have anamendment on page 132 which I need todo before the gentleman moves on.

The CHAIRMAN. It is the Chair’s un-derstanding that the gentleman fromCalifornia (Mr. FILNER) would be ableto offer the amendment if there wasunanimous consent to the request ofthe gentleman from California (Mr.LEWIS).

Mr. LEWIS of California. I will haveto raise a point of order on the amend-ment.

Mr. FILNER. I understand, but Iwanted to be sure I could offer theamendment on page 132 under the gen-tleman’s unanimous consent request.

Mr. Chairman, I withdraw my res-ervation of objection.

The CHAIRMAN. Without objection,the bill is open for amendment throughtitle IX.

There was no objection.The text of the bill from page 132,

line 16, through page 138, line 7, is asfollows:

CONGRESSIONAL RECORD — HOUSEH8474 November 28, 2001TITLE IX

COUNTER-TERRORISM AND DEFENSEAGAINST WEAPONS OF MASS DE-STRUCTION

COUNTER-TERRORISM AND OPERATIONALRESPONSE TRANSFER FUND


For urgent enhancements to intelligenceand military capabilities in order to pros-ecute Operation ENDURING FREEDOM; todiscover, infiltrate, and deter terroristgroups; to protect against terrorist attacksthat might employ either conventionalmeans or weapons of mass destruction, andto prepare against the consequences of suchattacks; to deny unauthorized users the op-portunity to modify, steal, inappropriatelydisclose, or destroy sensitive military intel-ligence data or networks, and to accelerateimprovements in information networks andoperations, $1,670,000,000, to remain availableuntil expended, of which $451,000,000 shall bemade available to the Director of Central In-telligence, and of which $1,219,000,000 shall bemade available to the Secretary of Defense:Provided, That of the amounts made avail-able under this heading for the Departmentof Defense, $474,000,000 is available only forimproving chemical and biological defensecapabilities of the Department of Defense:Provided further, That of the amounts madeavailable under this heading for the Depart-ment of Defense, $275,000,000 is available onlyfor improving the effectiveness of Depart-ment of Defense and intelligence agency ca-pabilities in the areas of information assur-ance, critical infrastructure protection, andinformation operations: Provided further,That in order to carry out the specified pur-poses under this heading, funds made avail-able under this heading may be transferredto any appropriation account otherwise en-acted by this Act: Provided further, That thefunds transferred shall be merged with andshall be available for the same purposes andfor the same time period, as the appropria-tion to which transferred: Provided further,That the transfer authority provided underthis heading is in addition to any othertransfer authority available to the Depart-ment of Defense: Provided further, That upona determination that all or part of the fundstransferred from this appropriation are ex-cess for the purposes provided herein, suchamounts may be transferred back to this ap-propriation: Provided further, That of theamounts provided under this heading,$10,000,000 shall be transferred to the Depart-ment of Justice, only for enhanced ter-rorism-related financial and money laun-dering investigation operations: Provided fur-ther, That notwithstanding any other provi-sion of law, of the amounts provided underthis heading, the Secretary of Defense is au-thorized to transfer $70,000,000 to other ac-tivities of the Federal Government: Providedfurther, That within 90 days of enactment ofthis Act, the Secretary of Defense and theDirector of Central Intelligence shall eachprovide to the Congress a classified reportspecifying the projects and accounts towhich funds provided under this heading areto be transferred.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of theformer Soviet Union, including assistanceprovided by contract or by grants, for facili-tating the elimination and the safe and se-cure transportation and storage of nuclear,chemical and other weapons; for establishingprograms to prevent the proliferation ofweapons, weapons components, and weapon-related technology and expertise; for pro-grams relating to the training and support ofdefense and military personnel for demili-tarization and protection of weapons, weap-

ons components and weapons technology andexpertise, and for defense and military con-tacts, $403,000,000, to remain available untilSeptember 30, 2004.

PROCUREMENT, BALLISTIC MISSILE DEFENSEORGANIZATION


For expenses of the Ballistic Missile De-fense Organization necessary for procure-ment, production, and modification of equip-ment, supplies, materials, and spare partstherefor, not otherwise provided for; expan-sion of public and private plants, equipment,and installation thereof in such plants, erec-tion of structures, and acquisition of land forthe foregoing purposes, and such lands andinterests therein, may be acquired, and con-struction prosecuted thereon prior to ap-proval of title; reserve plant and Govern-ment and contractor-owned equipment lay-away, $794,557,000, to remain available for ob-ligation until September 30, 2004: Provided,That funds provided under this heading maybe used for procurement of critical parts forPatriot Advanced Capability-3 (PAC-3) mis-siles to support production of such missilesin future fiscal years.RESEARCH, DEVELOPMENT, TEST AND EVALUA-

TION, BALLISTIC MISSILE DEFENSE ORGANI-ZATION

(INCLUDING RESCISSION)

For expenses of the Ballistic Missile De-fense Organization necessary for basic andapplied scientific research, development, testand evaluation; advanced research projectsas may be designated and determined by theSecretary of Defense, pursuant to law; main-tenance, rehabilitation, lease, and operationof facilities and equipment, $7,053,721,000, toremain available for obligation until Sep-tember 30, 2003: Provided, That for funds pro-vided under this heading the minimumamount applicable under section 9(f)(1)(C) ofthe Small Business Act (15 U.S.C. 638(f)(1)(C))shall be $75,000,000 (in lieu of the amountotherwise applicable under that section):Provided further, That of the funds providedin the Department of Defense AppropriationsAct, 2001 (Public Law 106–259), the amount of$73,800,000 is hereby rescinded from the ‘‘Pro-curement, Defense-Wide, 2001/2003’’ account.DEFENSE AGAINST CHEMICAL AND BIOLOGICAL

WEAPONS, DEFENSE-WIDE

For expenses, not otherwise provided for,for chemical and biological weapon defenseprograms of the Department of Defense, asauthorized by law, $1,065,940,000, of which$363,709,000 shall be for Procurement, to re-main available for obligation until Sep-tember 30, 2004, and $702,231,000 shall be forResearch, Development, Test and Evalua-tion, to remain available for obligation untilSeptember 30, 2003.

DEFENSE THREAT REDUCTION AGENCY

For expenses, not otherwise provided for,for the Defense Threat Reduction Agency ofthe Department of Defense, as authorized bylaw, $806,471,000, of which $305,393,000 shall befor Operation and Maintenance, of which$50,000,000 shall be available only to initiatea multi-year demonstration program at fourmilitary installations to install, operate, andevaluate a network of sensors to protect in-stallations against unconventional nuclearthreats in accordance with the deploymentrecommendations of the Defense ScienceBoard Task Force on Unconventional Nu-clear Warfare Defense; $20,325,000 shall be forProcurement, to remain available for obliga-tion until September 30, 2004; and $480,753,000shall be for Research, Development, Test andEvaluation to remain available for obliga-tion until September 30, 2003, of which$25,000,000 shall be available only for re-search and development of systems to sup-

port the protection of military installationsagainst unconventional nuclear threats inaccordance with the recommendations of theDefense Science Board Task Force on Uncon-ventional Nuclear Warfare Defense.

AMENDMENT OFFERED BY MR. FILNER

Mr. FILNER. Mr. Chairman, I offeran 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 FED-ERAL EMPLOYEE IS PERFORMINGACTIVE MILITARY SERVICE AS A RE-SERVE OF THE ARMED FORCES ORMEMBER OF THE NATIONAL GUARD.

(a) IN GENERAL.—Subchapter IV of chapter55 of title 5, United States Code, is amendedby adding at the end the following:‘‘§ 5538. Nonreduction in pay while serving on

active duty as a Reserve or National Guardmember‘‘(a) An employee who is absent from a po-

sition of employment with the Federal Gov-ernment in order to perform active militaryservice as a Reserve of the armed forces ormember of the National Guard shall be enti-tled to receive, for each pay period describedin subsection (b), an amount equal to theamount by which—

‘‘(1) the amount of basic pay which wouldotherwise have been payable to such em-ployee for such pay period if such employee’scivilian employment with the Governmenthad not been interrupted by that militaryservice, exceeds (if at all)

‘‘(2) the amount of pay and allowanceswhich (as determined under subsection (d))—

‘‘(A) is payable to such employee for suchactive 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 employ-ee’s civilian employment had not been inter-rupted)—

‘‘(A) during which such employee is enti-tled to reemployment rights under chapter43 of title 38 with respect to the positionfrom which such employee is absent (as re-ferred to in subsection (a)); and

‘‘(B) for which such employee does not oth-erwise receive basic pay (including by takingany annual, military, or other paid leave) towhich such employee is entitled by virtue ofsuch employee’s civilian employment withthe Government.

‘‘(2) For purposes of this section, the periodduring which an employee is entitled to re-employment rights under chapter 43 of title38—

‘‘(A) shall be determined disregarding theprovisions of section 4312(d) of title 38; and

‘‘(B) shall include any period of time speci-fied in section 4312(e) of title 38 within whichan employee may report or apply for employ-ment or reemployment following completionof military service.

‘‘(c) Any amount payable under this sec-tion 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 suchemployee were in a pay status; and

‘‘(3) to the extent practicable, at the sametime and in the same manner as would basicpay if such employee’s civilian employmenthad not been interrupted.

‘‘(d) The Office of Personnel Managementshall, in consultation with Secretary of De-fense, prescribe any regulations necessary tocarry out the preceding provisions of thissection.

‘‘(e) The head of each agency referred to insection 2302(a)(2)(C)(ii) shall, in consultationwith the Office, prescribe procedures to en-sure that the rights under this section applyto the employees of such agency.

CONGRESSIONAL RECORD — HOUSE H8475November 28, 2001‘‘(f) For purposes of this section—‘‘(1) the terms ‘employee’ and ‘Federal

Government’ have the same respectivemeanings as given them in section 4303 oftitle 38;

‘‘(2) the term ‘active military service’ hasthe meaning given the term ‘active service’in section 101 of title 10;

‘‘(3) the term ‘employing agency’, as usedwith respect to an employee entitled to anypayments under this section, means theagency or other entity of the Government(including an agency referred to in section2302(a)(2)(C)(ii)) with respect to which suchemployee has reemployment rights underchapter 43 of title 38; and

‘‘(4) the term ‘basic pay’ includes anyamount payable under section 5304.’’.

(b) CONTINUED ELIGIBILITY FOR HEALTHBENEFITS.—

(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)) thefollowing:

‘‘(ii) In the case of an employee enrolled ina health benefits plan under this chapterwho enters into leave without pay status inorder to perform active military service as aReserve of the armed forces or member ofthe National Guard, such employee shall, ifand while such employee is entitled to non-reduction in pay under section 5538 (whetheror not any amount is actually payable tosuch employee under such section) remaineligible for continued coverage under thisparagraph, for himself and members of hisfamily—

‘‘(I) for the period allowable under clause(i), or

‘‘(II) for so long as such employee remainsso entitled to nonreduction in pay under sec-tion 5538,whichever is longer.’’;

(C) in subsection (e)(1)(B) by striking‘‘and’’ at the end of clause (i), by strikingthe period at the end of clause (ii) and insert-ing ‘‘; and’’, and by adding after clause (ii)the following:

‘‘(iii) in the case of an employee describedin subparagraph (A)(ii), the employee con-tributions required by this section shall bewithheld from any amounts payable to suchemployee under section 5538.’’; and

(D) by adding at the end of subsection (e)(1)the following:

‘‘(D) The procedures referred to in subpara-graphs (B)(ii) and (C) shall, in the case of anemployee described in subparagraph (A)(ii),be available to the extent that any amountpayable to such employee under section 5538is insufficient to cover the withholdings re-quired to be made under subparagraph(B)(iii).’’.

(2) DEFINITIONS.—For purposes of theamendment made by paragraph (1), theterms ‘‘employee’’ and ‘‘active military serv-ice’’ have the same respective meanings asgiven them in section 5538 of title 5, UnitedStates Code (as amended by subsection (a)).

(c) CLERICAL AMENDMENT.—The table ofsections for chapter 55 of title 5, UnitedStates Code, is amended by inserting afterthe item relating to section 5537 the fol-lowing:‘‘5538. Nonreduction in pay while serving on

active duty as a Reserve or Na-tional Guard member.’’.

(d) EFFECTIVE DATE.—The amendmentsmade by this section shall apply with respectto pay periods (as described in section 5538(b)of title 5, United States Code, as amended bythis section) beginning on or after Sep-tember 11, 2001.

Mr. FILNER (during the reading).Mr. Chairman, I ask unanimous con-sent that the amendment be consideredas read and printed in the RECORD.



man, I reserve a point of order on theamendment.

The CHAIRMAN. The gentleman re-serves a point of order. The gentlemanfrom California (Mr. FILNER) is recog-nized for 5 minutes.

Mr. FILNER. Mr. Chairman, allacross this country, reservists havebeen called up to defend this Nation.They are doing this because they arepatriotic Americans. They do it will-ingly, and our country is indebted tothem. But these reservists face criticalproblems with their budgets backhome.

I have gotten letters, very emotionalletters, from families, and I am sureevery Member has, that say, for exam-ple, ‘‘My husband is a U.S. Border Pa-trol agent and a reservist. On theevening of October 1, he was called toduty and ordered to report for activeduty on the next day, October 2.’’ Shewrites, ‘‘I clearly understand this coun-try is headed for very stressful, dif-ficult and unpredictable times, and itis our duty to serve. But we have threechildren ages 1, 6 and 8, and our 6-year-old is autistic and has special needs. Atthis point, the country is not willing toprovide me with enough money to meethis needs for the next 11 months. I can-not afford any out-of-pocket money toprovide him any additional income.’’

There are other letters from peoplewho face losing their homes becausethey cannot keep up with the mort-gage, they cannot keep their childrenin school because of the sudden reduc-tion in their take-home pay.

My amendment says that for Federalemployees, this Nation ought to makeup the difference between their pay asa reservist and their pay in their nor-mal job. This is absolutely critical tothe budgets of people all across thiscountry. And not only will it preventthose families from themselves becom-ing victims of the terrorist attack butwill certainly improve the morale ofall of our fighting forces.

Now, many of my colleagues knowthat municipalities across this coun-try, and States, many private corpora-tions, make up the difference betweenthe pay they had before they went oncall and the pay they receive while onduty at the present time. But the Fed-eral Government does not. My amend-ment says let us make up the dif-ference between regular Federal payand the Reserve and Guard pay.

b 1400

If their active duty lasts for a lengthof time that would normally precludetheir continuation in the Federalhealth plan, my amendment wouldallow these Guard and Reserve mem-

bers to continue paying their portionof Federal health care rather thanmoving their families to the Tricaremilitary family health care system.

This is the least we can do for Guardand reservists who have unselfishlycommitted themselves to serving ourcountry at a moment’s notice. Theirservice makes our military functionsmoothly. But the Federal Governmentought to do for our reservists andGuard members what other employersacross this country are doing, con-tinuing their regular pay. I ask Mem-bers’ support for this amendment.

Let me read from another con-stituent of mine in support of thisamendment: ‘‘In civilian employmentmy husband is a Federal agent in theUnited States Border Patrol. Due tohis full-time military activation, wewill be receiving a substantial loss inincome, 50 percent reduction, in fact. Itwill be extremely difficult for our fam-ily to continue to pay our existingbills. As per the Soldiers and SailorsRelief Act, I have requested our credi-tors to lower their interest rates nomore than 6 percent. My husband and Ihave worked very hard to this point inour lives. We are home owners with avery large mortgage payment. Our cur-rent interest rate is 7.75 percent.’’

The CHAIRMAN. The gentleman’stime has expired.

Mr. LEWIS of California. Mr. Chair-man, I move to strike the last word.

Mr. Chairman, I say to the gen-tleman from California (Mr. FILNER)that which I have heard him describe ofhis amendment I would be very empa-thetic to, I believe. It seems very log-ical to me; but since it has implica-tions in terms of cost that could putthe whole bill in jeopardy potentially,and the same people the gentleman istalking about could be dramatically af-fected by that, and since the gentlemanhas not discussed this matter with meat any time, I do not know about theranking member, but me at any time, Iam afraid I must be constrained to ob-ject.

POINT OF ORDER

The CHAIRMAN. Does the gentlemaninsist on his point of order?

Mr. LEWIS of California. I do.Mr. FILNER. Mr. Chairman, can the

Chair explain the point of order? Iwould like to respond to it.

The CHAIRMAN. Would the gen-tleman from California (Mr. LEWIS)please state his point of order.

Mr. LEWIS of California. Mr. Chair-man, I made a point of order againstthe amendment because it proposes tochange existing law and continues leg-islation in an appropriations bill, andtherefore violates clause 2 of rule XXI.

The CHAIRMAN. Does the gentlemanfrom California wish to be heard on thepoint of order?

Mr. FILNER. I do, Mr. Chairman.The CHAIRMAN. The gentleman may

proceed.Mr. FILNER. Mr. Chairman, I under-

stand the point of order and I under-stand the technicality. We are in emer-gency, Mr. Chairman. These issues

CONGRESSIONAL RECORD — HOUSEH8476 November 28, 2001come to us very quickly. When my con-stituents were called up a few weeksago, I do not have time to go throughour normal processes. The gentlemanknows that there are dozens of thingsin this bill that legislate on the appro-priations bill. Let us not use a techni-cality to say to our reservists thatthey cannot keep their families intheir homes, keep their kids in schools,keep their kids getting medical atten-tion. I would say to the gentleman thisis an emergency, let us not go on atechnicality. I would hope that wewould respect the fighting forces, thefighting capability of our Reserve unitsand accept this amendment.

The CHAIRMAN. The Chair is pre-pared to rule on the point of order.

The Chair finds that this amendmentdirectly amends existing law. Theamendment, therefore, constitutes leg-islation in violation of clause 2 of ruleXXI. The point of order is sustained,and the amendment is not in order.

Mr. FILNER. Mr. Chairman, I appealthe ruling of the Chair given the factthat we have an emergency situationhere and my constituents are in a dis-astrous situation. I would challengethe ruling of the Chair.

The CHAIRMAN. The question is,Shall the decision of the Chair stand asthe judgment of the Committee?

The question was taken; and theChairman announced that the ayes ap-peared to have it.

Mr. FILNER. Mr. Chairman, I de-mand a recorded vote, and pendingthat, I make the point of order that aquorum is not present.

The CHAIRMAN. Evidently a quorumis not present.

Pursuant to clause 2, rule XXI, theChair announces that he will reduce toa minimum of 5 minutes the period oftime within which a vote by electronicdevice, if ordered, will be taken on thepending question following the quorumcall.

Members will record their presenceby electronic device.

The call was taken by electronic de-vice.

The following Members responded totheir names:

[Roll No. 455]

ANSWERED ‘‘PRESENT’’—409

AbercrombieAckermanAderholtAkinAllenAndrewsArmeyBacaBachusBairdBakerBaldacciBaldwinBallengerBarciaBarrBarrettBartlettBartonBassBecerraBentsenBereuterBerkley

BermanBerryBiggertBilirakisBishopBlagojevichBlumenauerBluntBoehlertBoehnerBonillaBoniorBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (OH)Brown (SC)BryantBurr

BurtonBuyerCallahanCalvertCampCannonCantorCapitoCappsCapuanoCardinCarson (OK)CastleChabotChamblissClayClaytonClementClyburnCobleCollinsCombestConditConyers

CookseyCostelloCoxCoyneCramerCraneCrenshawCrowleyCulbersonCummingsCunninghamDavis (CA)Davis (FL)Davis (IL)Davis, Jo AnnDealDeGetteDelahuntDeLauroDeMintDeutschDiaz-BalartDicksDingellDoggettDoolittleDoyleDreierDuncanDunnEdwardsEhlersEhrlichEmersonEngelEnglishEshooEtheridgeEvansEverettFarrFattahFergusonFilnerFlakeFletcherFoleyForbesFossellaFrelinghuysenGalleglyGanskeGephardtGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGordonGossGrahamGrangerGravesGreen (TX)Green (WI)GreenwoodGrucciGutknechtHall (OH)Hall (TX)HansenHarmanHartHastings (FL)Hastings (WA)HayesHayworthHefleyHergerHillHillearyHilliardHincheyHinojosaHobsonHoeffelHoekstraHoldenHoltHondaHooleyHornHostettlerHoughtonHoyerHulshofHunter

HydeInsleeIsaksonIsraelIssaIstookJackson (IL)Jackson-Lee

(TX)JeffersonJenkinsJohnJohnson (CT)Johnson (IL)Johnson, E. B.Johnson, SamJones (NC)Jones (OH)KanjorskiKapturKellerKellyKennedy (MN)KernsKildeeKilpatrickKind (WI)King (NY)KingstonKirkKleczkaKnollenbergKolbeKucinichLaFalceLaHoodLampsonLangevinLantosLargentLarsen (WA)Larson (CT)LathamLaTouretteLeachLeeLevinLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLoBiondoLofgrenLoweyLucas (KY)Lucas (OK)LutherLynchMaloney (NY)ManzulloMarkeyMascaraMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcCreryMcDermottMcGovernMcHughMcInnisMcIntyreMcKeonMcKinneyMcNultyMeehanMeek (FL)Meeks (NY)MenendezMicaMillender-

McDonaldMiller, DanMiller, GaryMiller, GeorgeMiller, JeffMinkMollohanMooreMoran (KS)MorellaMurthaMyrickNadlerNapolitanoNealNethercutt

NeyNorthupNorwoodNussleOberstarOlverOrtizOsborneOtterOwensPallonePascrellPastorPaulPaynePelosiPencePeterson (MN)Peterson (PA)PetriPhelpsPickeringPittsPlattsPomboPomeroyPortmanPrice (NC)Pryce (OH)PutnamRadanovichRahallRamstadRangelRegulaRehbergReyesReynoldsRileyRiversRodriguezRoemerRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRossRothmanRoukemaRoybal-AllardRoyceRushRyan (WI)Ryun (KS)SaboSanchezSandersSandlinSawyerSaxtonSchafferSchakowskySchiffSchrockScottSensenbrennerSerranoSessionsShadeggShawShaysShermanSherwoodShimkusShowsShusterSimmonsSimpsonSkeenSkeltonSmith (NJ)Smith (TX)Smith (WA)SnyderSolisSouderSprattStearnsStenholmStricklandStumpStupakSununuSweeneyTancredoTannerTauscherTauzinTaylor (MS)

Taylor (NC)TerryThomasThompson (CA)Thompson (MS)ThornberryThuneThurmanTiahrtTiberiTierneyToomeyTownsTraficant

TurnerUdall (CO)Udall (NM)UptonVelazquezViscloskyVitterWaldenWalshWampWatersWatkins (OK)Watson (CA)Watt (NC)

WaxmanWeinerWeldon (FL)Weldon (PA)WellerWhitfieldWickerWilsonWolfWoolseyWuWynnYoung (AK)Young (FL)

NOT VOTING—23

Carson (IN)CubinDavis, TomDeFazioDeLayDooleyFordFrank

FrostGekasGutierrezKennedy (RI)Maloney (CT)Moran (VA)ObeyOse

OxleyQuinnSlaughterSmith (MI)StarkWatts (OK)Wexler

b 1428

The CHAIRMAN. Four hundred nineMembers have answered to theirnames, a quorum is present, and theCommittee will resume its business.

RECORDED VOTE

The CHAIRMAN. The pending busi-ness is the demand for a recorded voteon the question of whether the decisionof the Chair will stand as the judgmentof the Committee.

A recorded vote was ordered.The CHAIRMAN. This will be a 5-

minute vote.The vote was taken by electronic de-

vice, and there were—ayes 275, noes 141,not voting 17, as follows:

[Roll No. 456]

AYES—275

AbercrombieAderholtAkinAndrewsArmeyBachusBakerBaldacciBallengerBarciaBarrBartlettBartonBassBereuterBiggertBilirakisBluntBoehlertBoehnerBonillaBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (SC)BryantBurrBurtonBuyerCallahanCalvertCampCannonCantorCapitoCapuanoCardinCastleChabotChamblissCobleCollinsCombestCooksey

CostelloCoxCramerCraneCrenshawCulbersonCunninghamDavis (FL)Davis, Jo AnnDealDeMintDiaz-BalartDicksDoggettDoolittleDoyleDreierDuncanDunnEhlersEmersonEnglishEvansEverettFattahFergusonFlakeFletcherFoleyForbesFossellaFrankGalleglyGanskeGekasGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGossGrahamGrangerGravesGreen (TX)Green (WI)Greenwood

GrucciGutknechtHall (TX)HansenHartHastertHastings (WA)HayesHayworthHefleyHergerHillHillearyHinojosaHobsonHoeffelHoekstraHoldenHornHostettlerHoughtonHoyerHulshofHunterHydeIsaksonIssaIstookJenkinsJohnJohnson (CT)Johnson (IL)Johnson, SamJones (NC)KanjorskiKapturKellerKellyKennedy (MN)KernsKilpatrickKing (NY)KingstonKirkKnollenbergKolbeLaHoodLampsonLargent

CONGRESSIONAL RECORD — HOUSE H8477November 28, 2001Larson (CT)LathamLaTouretteLeachLewis (CA)Lewis (KY)LinderLipinskiLoBiondoLucas (KY)Lucas (OK)ManzulloMascaraMcCreryMcHughMcInnisMcKeonMeek (FL)MicaMiller, DanMiller, GaryMiller, JeffMollohanMooreMoran (KS)MorellaMurthaMyrickNethercuttNeyNorthupNorwoodNussleObeyOrtizOsborneOseOtterPascrellPastorPaulPencePeterson (PA)

PhelpsPickeringPittsPlattsPomboPomeroyPortmanPryce (OH)PutnamRadanovichRahallRamstadRangelRegulaRehbergReyesReynoldsRileyRoemerRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRothmanRoukemaRoyceRyan (WI)Ryun (KS)SaboSawyerSaxtonSchafferSchrockSensenbrennerSessionsShadeggShawShaysSherwoodShimkusShusterSimmonsSimpson

SkeenSkeltonSmith (NJ)Smith (TX)SnyderSouderStearnsStenholmStumpStupakSununuSweeneyTancredoTannerTauzinTaylor (NC)TerryThomasThornberryThuneTiahrtTiberiToomeyTraficantUptonViscloskyVitterWaldenWalshWampWatkins (OK)Watts (OK)Weldon (FL)Weldon (PA)WellerWhitfieldWickerWilsonWolfWuYoung (AK)Young (FL)

NOES—141

AckermanAllenBacaBairdBaldwinBarrettBecerraBentsenBerkleyBermanBerryBishopBlagojevichBlumenauerBoniorBrown (OH)CappsCarson (OK)ClayClaytonClementClyburnConditConyersCoyneCrowleyCummingsDavis (CA)Davis (IL)DeGetteDelahuntDeLauroDeutschDingellEdwardsEngelEshooEtheridgeFarrFilnerGephardtGordonGutierrezHall (OH)HarmanHastings (FL)HilliardHinchey

HoltHondaHooleyInsleeIsraelJackson (IL)Jackson-Lee

(TX)JeffersonJohnson, E. B.Jones (OH)Kennedy (RI)KildeeKind (WI)KleczkaKucinichLaFalceLangevinLantosLarsen (WA)LeeLevinLewis (GA)LofgrenLoweyLutherLynchMaloney (NY)MarkeyMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcDermottMcGovernMcIntyreMcKinneyMcNultyMeehanMeeks (NY)MenendezMillender-

McDonaldMiller, GeorgeMinkMoran (VA)Nadler

NapolitanoNealOberstarOlverOwensPallonePaynePelosiPeterson (MN)Price (NC)RiversRodriguezRossRoybal-AllardRushSanchezSandersSandlinSchakowskySchiffScottSerranoShermanShowsSmith (WA)SolisSprattStarkStricklandTauscherTaylor (MS)Thompson (CA)Thompson (MS)ThurmanTierneyTownsTurnerUdall (CO)Udall (NM)VelazquezWatersWatson (CA)Watt (NC)WaxmanWeinerWoolseyWynn

NOT VOTING—17

Carson (IN)CubinDavis, TomDeFazio

DeLayDooleyEhrlichFord

FrelinghuysenFrostMaloney (CT)

OxleyPetri

QuinnSlaughter

Smith (MI)Wexler

b 1438

Ms. LOFGREN, Mr. CONDIT and Mr.THOMPSON of California changedtheir vote from ‘‘aye’’ to ‘‘no.’’

Mr. SKELTON, Mr. VISCLOSKY andMr. LUCAS of Kentucky changed theirvote from ‘‘no’’ to ‘‘aye.’’

So the decision of the Chair stands asthe judgment of the Committee.

The result of the vote was announcedas above recorded.

AMENDMENT NO. 6 OFFERED BY MR. KUCINICH

Mr. KUCINICH. Mr. Chairman, I offeran amendment.

The CHAIRMAN. The Clerk will des-ignate the amendment.

The text of the amendment is as fol-lows:

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. Chair-man, I reserve a point of order againstthe amendment.

The CHAIRMAN. The gentleman re-serves a point of order against theamendment.

The gentleman from Ohio (Mr.KUCINICH) is recognized for 5 minutes.

Mr. KUCINICH. Mr. Chairman, I rec-ognize the chairman’s point of order;and at the appropriate time, I willmake a unanimous consent request.

PARLIAMENTARY INQUIRY

Mr. SPRATT. Mr. Chairman, I have aparliamentary inquiry.

The CHAIRMAN. The gentleman willstate it.

Mr. SPRATT. Could the Chair informthe House at what page we are in thebill?

The CHAIRMAN. Title IX is open toamendment at any point.

Mr. KUCINICH. Mr. Chairman, theKucinich-Lee counterterrorism amend-ment to H.R. 3338, Department of De-fense appropriations, increases moneyfor counterterrorism, significantly in-creases funding for anthrax and small-pox vaccine production, $82 million,and provides for a mass destructioncivil support team in every State.

It significantly boosts the Nunn-Lugar counterproliferation program tohelp secure tons of biological, chem-ical, and nuclear weapons material inthe former Soviet Union, and the offsetis $78 million out of the $8 billion forballistic missile defense, less than a 10percent cut.

It cuts funding for construction forFort Greely, where initial deploymentthreatens the ABM treaty. This trans-fer is the most allowed under budgetscoring rules.

Mr. Chairman, I think it is very im-portant that at this time we take astand to recognize the importance ofthe ABM treaty. The deployment ofthis program would threaten that trea-ty. I think it is important that we take

a stand to put more funds intocounterterrorism. That is the spirit ofthis amendment.

Mr. Chairman, I yield back the bal-ance of my time.

Ms. LEE. Mr. Chairman, I rise in sup-port of the amendment.

Mr. Chairman, I rise in strong sup-port today of this amendment to ad-dress our most urgent security needsby increasing funding forcounterterrorism programs, to protectAmericans from nuclear, chemical, andbiological weapons. They are thethreats that we face today, this veryminute; and we have many ideas onhow to address them.

The Bipartisan Russia Task Force,chaired by Howard Baker and LloydCutler, spelled out these dangers inJanuary and they spelled out the rec-ommendations. They concluded thatcurrent budget levels for our non-proliferation programs create the po-tential for catastrophic consequences,and we have already seen what a hand-ful of anthrax-laden letters can do.Think about the danger posed by tonsof biological, chemical, and nuclearweapons.

b 1445

We now have the opportunity toforge a new relationship with Russiaand other former Soviet Union Statesas we work together to fight terrorism.But that opportunity requires a realinvestment in joint security efforts tosafeguard these weapons and the sci-entists who might be tempted to selltheir knowledge to the highest bidder.Nunn-Lugar is a crucial bipartisan pro-gram that should be expanded and co-ordinated into a comprehensive stra-tegic plan to eliminate these stockpilesof destruction. These dangers are im-minent.

For all of these reasons, I support in-creasing funding for antiterrorism pro-grams in the Kucinich amendment.This amendment redirects a fraction ofthe billions allocated to ballistic mis-sile defense in order to address dangersthat are clear and immediate with so-lutions that are also clear and imme-diate. This amendment seeks tostrengthen our defenses at home bytransferring $82 million to produce an-thrax and smallpox vaccines, to de-velop next-generation vaccines, and towork on methods to counter other bio-logical weapons. The threat of bioter-rorism is a reality, and we are notready for it. We lack the vaccines, thehealth infrastructure, and the defensesto protect American men, women andchildren.

This amendment will also directmoney to Weapons of Mass DestructionCivil Support Teams. We must be ableto react to crises as they occur. Nearlyhalf of our States do not have civil sup-port teams to deal with these dangers,so as we respond to the atrocities ofSeptember 11, we must reconstruct thearchitecture of our national security.We must invest in securing and dis-mantling Cold War-era weapons of

CONGRESSIONAL RECORD — HOUSEH8478 November 28, 2001mass destruction before they areturned against us in this new centuryby our new enemies, and we must in-vest in defenses here at home againstbiological terrorism.

Mr. Chairman, I urge my colleaguesto make this investment, and I urgemy colleagues to support this amend-ment.

Mr. DICKS. Mr. Chairman, TheKucinich-Lee amendment has a laud-able goal, to increase funding forcounter terrorism. I agree with the pri-orities indicated by the amendment,counter terrorism is more importantthan missile defense. But, the amend-ment is fatally flawed in terms of pol-icy and funding.

It cuts a half billion dollars from theDefense bill without replacement. Thiscut to Defense is unacceptable, espe-cially at this time.

The amendment would cut the fund-ing for a proposed test launch facilityat Kodiak Island. This facility willallow DOD to perform tests which aremore rigorous and realistic than thosepossible at current test sites at Kwaja-lein and Vandenberg. It also cuts fund-ing to upgrade the sensors and launchcapabilities at Kwajalein and Vanden-berg which will hinder rigorous missiledefense testing.

Because of its cuts to Kodiak, Kwaja-lein and Vandenberg, the amendmentreduces the level of testing of missiledefense technology when the rightthing to do is increase the level of test-ing of these technologies for the veryreason that they are not yet mature.

Opposition to this amendment doesnot indicate support for the entire Pa-cific Testbed as proposed by the admin-istration. The proposed construction atFt. Greely remains premature, unnec-essary, and unwarranted by the state ofmissile defense technology. However,this amendment cuts needed facilitiesin addition to the Ft. Greely construc-tion.

Mr. LEWIS and Mr. MURTHA have ne-gotiated responsible cuts to the admin-istration’s request for missile defensetotaling over $500 million. While Iagree that some more cuts are war-ranted, this amendment goes too far.

Mr. LEWIS of California. Mr. Chair-man, I move to strike the requisitenumber of words.

It is my intention to reserve a pointof order, but I understand that the gen-tleman from Ohio (Mr. KUCINICH) wouldlike to be recognized for a unanimousconsent request, and so I yield to thegentleman.

Mr. KUCINICH. Mr. Chairman, Ithank the gentleman.

Mr. KUCINICH. Mr. Chairman, re-specting the point of order that theChair has raised, I ask unanimous con-sent to withdraw the amendment.

The CHAIRMAN. Is there objectionto the request of the gentleman fromOhio?

There was no objection.AMENDMENT OFFERED BY MR. SPRATT

Mr. SPRATT. Mr. Chairman, I offeran 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 billincreases missile defense by $2.6 billionto $2.7 billion, 50 percent over lastyear’s level, but it ends a system thateveryone has long thought essential tomissile defense, and that is a programcalled ‘‘SBIRS-Low,’’ for Space-BasedInfrared Sensors.

Ever since the beginning of SDI,space-based sensors have been a keyelement of the architecture. Their roleis to pick up the oncoming reentry ve-hicles, shortly after they are launched,well over radar’s horizon, track them,plot the trajectory, project their aimpoints, and watch for features that dis-tinguish the real RVs from decoys.Over the last 18 years, ballistic missiledefense has evolved through variousoptions to a system called SBIRS-Lowto handle this mission. These are sat-ellite sensors in low-Earth orbit, some18 to 30 in all, depending on the con-figuration, and they are on constantpatrol or will be, once launched, in cir-cling the globe.

Now comes this bill and, out of theblue, kills SBIRS-Low, a program some6 or 7 years old. My amendment wouldbring it back, restore funding to thelevel that was approved by the HouseCommittee on Armed Services and bythe Senate Armed Services Committee,to $360 million, which is $25 millionbelow the President’s request.

While this bill terminates SBIRS-Low, it recognizes the critical need forsuch a system. In fact it directs the De-partment of Defense to start over, toset up two new R&D programs, where$250 million would go to a space-basedalternative, $75 million would go intoground-based alternatives, which wouldprobably be X-band radars. My amend-ment, as I said, reverses this actionand restores funding to SBIRS-Low.

Let me explain why SBIRS-Low iscritical to national missile defense butalso to theater missile defense. First ofall, SBIRS-Low allows a mid-course in-terceptor to make the most of its big-gest advantage, which is time. Themid-course takes as much as 30 min-utes during which an RV moves in itstrajectory toward its target. Withoutsatellite sensors over the horizon,radar gives missile defenses about halfthis amount of time to track, tolaunch, and to make the intercept.This is precious time. It could easilymake the difference between successand failure.

Second, infrared sensors not only de-tect heat, but changes in heat, some-thing radars cannot do. Many counter-measures like decoys and balloons loseheat faster than do reentry vehicles, soSBIRS-Low becomes the first device wehave to detect these changes and dis-criminate between real RVs as opposedto decoys and countermeasures.

Third, ground-based systems willhave X-band radar to help them tracktheir incoming radar, but X-band radaris not a volume search radar; it emitsa beam that provides high-resolutionfeedback, but it is a pencil-point beam.It is very narrow. SBIRS-Low sparesthe X-band radar from having to scanthe skies and directs it precisely to its

target. This makes X-band radar moreefficient and effective and reduces theso-called ‘‘engagement box’’ to whichthe kill vehicle is launched, which in-creases the probability of an intercept.

Finally, SBIRS-Low provides redun-dancy. It provides several differentmodes for detecting oncoming systemsand it also provides backup in case theradar is not working.

Now, I would hasten to say all ofthese features have yet to be proven,but the system is well along, the poten-tial has been demonstrated. If it is notin hand, it appears to be within reach,and this is why SBIRS-Low is crucial,critical, for ground-based defenses, butit pays for itself in other ways, too:

Theater missile defense. It expandsthe reach of THAAD in the Navy’supper tier. Second, at the same timethat SBIRS-Low is on station, it canpick up some very useful technical in-telligence data. Third, it can do mis-cellaneous other things. It can look forobjects in space that might be on a col-lision course with our satellites and re-port that back to us.

The committee bases its decision toterminate this in large part on anunreleased study that is still in draftat the Institute for Defense Analysis. Imet with the author of this study,along with the gentleman from Penn-sylvania (Mr. WELDON) and the gen-tleman from California (Mr. HUNTER),and it seems to me, in all due respect,that the information in the draft re-port given to the Subcommittee on De-fense was in large part beyond itsmeans. The subcommittee appears tome to be extrapolating from a worst-case scenario to a judgment on the sys-tem in all scenarios.

In particular, part of the IDA reportexamined one specific national missileattack, the most sophisticated of allscenarios, and assumed a minimumSBIRS-Low capability. It then com-pared SBIRS-Low in what amounts toa worst-case capability scenario to analternative consisting of ground-basedradars spread throughout the world.This assumed, of course, that the U.S.would have no difficulty in obtainingthese ground-based radars. In anyevent, it ignored many other scenarioswhere SBIRS-Low is cost effective,very effective, and it ignored all theother missions that SBIRS-Low canperform.

The committee is also concernedabout cost growth.

The CHAIRMAN. The time of thegentleman from South Carolina (Mr.SPRATT) has expired.

(By unanimous consent, Mr. SPRATTwas allowed to proceed for 1 additionalminute.)

Mr. SPRATT. Mr. Chairman, let mejust quickly say the Air Force origi-nally assumed 21 satellites; it has nowgone to 30. Get ready, this is going tobe what happens to all of these compo-nent missile defense systems as it getscloser and closer, and the real cost isgoing up.

Mr. MURTHA. Mr. Chairman, willthe gentleman yield?

Mr. SPRATT. I yield to the gen-tleman from Pennsylvania.

CONGRESSIONAL RECORD — HOUSE H8479November 28, 2001Mr. MURTHA. Mr. Chairman, the

gentleman has made some good pointsand we are certainly going to take alook at this. As he says, we have basedthis on carefully conforming to a cutthat we thought would not harm it, butwe are certainly going to take a lookat the information that he has given tous.

Mr. SPRATT. Mr. Chairman, I thankthe gentleman. I was going to say tothe distinguished chairman of this sub-committee, for whom I have great re-spect, I know the gentleman made aprincipal decision here. I hope he willgo back and consider it again beforethe conference is out, talk to the folksat IDA and talk to the folks at BPDO.

Mr. LEWIS of California. Mr. Chair-man, will the gentleman yield?

Mr. SPRATT. I yield to the gen-tleman from California.

Mr. LEWIS of California. Mr. Chair-man, by way of responding to the gen-tleman, I very much appreciate theprofessional way the gentleman is ad-dressing this very important issue. Asthe gentleman knows, I have been along-term supporter of this idea, thistechnology. We now think it is impor-tant that we emphasize the researchside because we see the possibility ofsome rush to failure here. But in themeantime, it is not our intent to killthis program, and we appreciate thegentleman’s cooperation.

Mr. SPRATT. Mr. Chairman, I thankthe gentleman for his assurance.

Mr. Chairman, I ask unanimous con-sent to withdraw my amendment.

The CHAIRMAN. Is there objectionto the request of the gentleman fromSouth Carolina?

There was no objection.AMENDMENT OFFERED BY MR. GILMAN

Mr. GILMAN. Mr. Chairman, I offeran 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) thefollowing:

TITLE IX—ADDITIONAL GENERALPROVISIONS

SEC. 9001. SHORT TITLE.This title may be cited as the ‘‘Afghani-

stan Freedom Act of 2001’’.SEC. 9002. UNITED STATES POLICY TOWARD AF-

GHANISTAN.It should be the policy of the United States

to promote the removal from power of theTaliban regime in Afghanistan so as to di-minish the risk of future terrorist attack onthe United States and restore basic humanfreedoms to the people of Afghanistan.SEC. 9003. AUTHORITY TO PROVIDE MILITARY AS-

SISTANCE.(a) IN GENERAL.—(1) TYPES OF ASSISTANCE.—(A) To the ex-

tent funds are appropriated in any fiscalyear for these purposes, the President mayprovide, on such terms and conditions as hemay determine, defense articles, defenseservices, and other support (including train-ing) to eligible Afghan resistance organiza-tions, entities, and individuals, eligible for-eign countries, and eligible international or-ganizations.

(B) The President is authorized to directthe drawdown of defense articles, defense

services, and military education and trainingfor eligible Afghan resistance organizations,entities, and individuals, eligible foreigncountries, and eligible international organi-zations.

(C) The Secretary of Defense is authorizedto reimburse any eligible foreign country oreligible international organization for sup-plies, services, or other support provided bysuch country or organization between Sep-tember 11, 2001, and the date of the enact-ment of this Act in support of United Statesactivities authorized under Public Law 107–40.

(D) The assistance authorized under sub-paragraphs (A) and (B) and under the IraqLiberation Act of 1998 (Public Law 105–338)may include the supply of defense articles,defense services, other support, and militaryeducation and training that are acquired bycontract or otherwise.

(2) AMOUNT OF ASSISTANCE.—The aggregatevalue (as defined in section 644(m) of the For-eign Assistance Act of 1961) of assistanceprovided under paragraph (1)(B) may not ex-ceed $300,000,000, provided that such limita-tion shall be increased by any amounts ap-propriated pursuant to the authorization ofappropriations in subsection (c)(2)(A).

(b) ELIGIBILITY.—(1) ELIGIBLE AFGHAN RESISTANCE ORGANIZA-

TIONS, ENTITIES, AND INDIVIDUALS.—An Af-ghan resistance organization, entity, or indi-vidual shall be eligible to receive assistanceunder subsection (a) if such organization, en-tity, or individual is committed to—

(A) the removal from power of the Talibanregime in Afghanistan;

(B) the suppression of terrorism and thesurrender or removal from Afghanistan of allinternational terrorists, including perpetra-tors of the September 11, 2001, attack on theUnited States; and

(C) the establishment in Afghanistan of agovernment committed to respecting inter-nationally recognized human rights and sup-pression of narcotics trafficking.

(2) ELIGIBLE FOREIGN COUNTRIES AND ELIGI-BLE INTERNATIONAL ORGANIZATIONS.—A for-eign country or international organizationshall be eligible to receive assistance undersubsection (a) if such foreign country orinternational organization is participatingin or supporting United States military ac-tivities authorized under Public Law 107–40,or is participating in military, peacekeeping,or policing operations in Afghanistan aimedat restoring or maintaining peace and secu-rity in that country, except that no countrythe government of which has been deter-mined by the Secretary of State to have re-peatedly provided support for acts of inter-national terrorism under section 620A of theForeign Assistance Act of 1961 (22 U.S.C.2371), section 6(j)(1) of the Export Adminis-tration Act of 1979 (50 U.S.C. App. 2405(j)(1)),or section 40(d) of the Arms Export ControlAct (22 U.S.C. 2780(d)) shall be eligible to re-ceive assistance under subsection (a).

(c) REIMBURSEMENT FOR ASSISTANCE.—(1) IN GENERAL.—Defense articles, defense

services, and military education and trainingprovided under subsection (a)(1)(B) shall bemade available without reimbursement tothe Department of Defense except to the ex-tent that funds are appropriated pursuant tothe authorization of appropriations underparagraph (2)(A).

(2) AUTHORIZATION OF APPROPRIATIONS.—(A) IN GENERAL.—There are authorized to

be appropriated to the President such sumsas may be necessary to reimburse the appli-cable appropriation, fund, or account for thevalue (as defined in section 644(m) of the For-eign Assistance Act of 1961) of defense arti-cles, defense services, or military educationand training provided under subsection(a)(1)(B).

(B) AVAILABILITY.—Amounts appropriatedpursuant to the authorization of appropria-tions under subparagraph (A) are authorizedto remain available until expended, and arein addition to amounts otherwise availablefor the purposes described in this section.

(d) AUTHORITY TO PROVIDE ASSISTANCE.—(1) ELIGIBLE AFGHAN RESISTANCE ORGANIZA-

TIONS, ENTITIES, AND INDIVIDUALS.—Assist-ance to eligible Afghan resistance organiza-tions, entities, and individuals under thissection may be provided notwithstandingany other provision of law.

(2) ELIGIBLE FOREIGN COUNTRIES AND ELIGI-BLE INTERNATIONAL ORGANIZATIONS.—

(A) AUTHORITY.—The President may pro-vide assistance under this section to any eli-gible foreign country or any eligible inter-national organization notwithstanding anyother provision of law (other than provisionsof this section) if the President determinesthat such assistance is important to the na-tional security interest of the United Statesand reports such determination to the Com-mittee on International Relations of theHouse of Representatives and the Committeeon Foreign Relations of the Senate at leastfive days in advance of providing such assist-ance.

(B) REPORT.—The report described in sub-paragraph (A) shall include information re-lating to the type and amount of assistanceproposed to be provided and the actions thatthe proposed recipient of such assistance hastaken or has committed to take.

(e) SUNSET.—The authority of this sectionshall expire on September 30, 2004.SEC. 9004. COMPLIANCE WITH MEASURES DI-

RECTED AGAINST THE TALIBAN BYTHE UNITED NATIONS SECURITYCOUNCIL.

(a) REPORTS TO CONGRESS.—Not later thanone month after the date of the enactment ofthis Act, and every three months thereafteruntil the President determines and reportsto the Committee on International Relationsof the House of Representatives and theCommittee on Foreign Relations of the Sen-ate that the Taliban no longer exercisespower in any part of Afghanistan, the Presi-dent shall submit to such committees a re-port that identifies the government of eachforeign country with respect to which thereis credible information that the governmenthas, on or after the date of the enactment ofthis Act, violated, or permitted persons sub-ject to its jurisdiction to violate, measuresdirected against the Taliban pursuant toUnited Nations Security Council Resolutions1267 (1999), 1333 (2000), or 1363 (2001), or pursu-ant to any other United Nations SecurityCouncil resolution adopted under the author-ity of Chapter VII of the Charter of theUnited Nations.

(b) CONTENT OF REPORTS.—Each report sub-mitted under subsection (a) shall detail withrespect to each government of a foreigncountry identified in such report the natureof the violation (other than violations de-tailed in previous reports submitted pursu-ant to this section), and shall evaluate—

(1) the importance of the violation to theefforts of the Taliban to remain in power inAfghanistan;

(2) the importance of the violation to theefforts of terrorist groups to continue oper-ating from Afghanistan; and

(3) the risk posed by such violation to thesafety of the United States Armed Forcesand the armed forces of other countries act-ing in coalition with the United States.SEC. 9005. SUBMISSION OF DETERMINATIONS

AND REPORTS IN CLASSIFIED FORM.When the President considers it appro-

priate, determinations and reports to theCommittee on International Relations of theHouse of Representatives and the Committee

CONGRESSIONAL RECORD — HOUSEH8480 November 28, 2001on Foreign Relations of the Senate sub-mitted under this title, or appropriate partsthereof, may be submitted in classified form.

Mr. GILMAN (during the reading).Mr. Chairman, I ask unanimous con-sent that the amendment be consideredas read and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromNew York?

There was no objection.Mr. MURTHA. Mr. Chairman, I re-

serve a point of order against theamendment.

Mr. GILMAN. Mr. Chairman, myamendment places Congress on recordin support of the men and women inour Armed Forces as they proceed todismantle the Taliban rule in Afghani-stan and to restore peace and stabilityand security to that part of the world.

This amendment is based on a bill Iintroduced last month, entitled the Af-ghanistan Freedom Act of 2001, H.R.3088. I was pleased to be joined in offer-ing that measure by the gentlemanfrom New York (Mr. ACKERMAN), theranking Democratic member of thesubcommittee that I chair, the Sub-committee on the Middle East andSouth Asia. Since we introduced thatmeasure on October 11, we have beensupported by a total of 81 cosponsors onboth sides of the aisle.

We have worked with the Bush ad-ministration over the past month, par-ticularly with the Department of De-fense, to refine some of the language inorder to maximize its usefulness to theadministration in the current war onterrorism. My amendment incorporatesthose refinements, and I am assuredthat as currently written, my amend-ment enjoys the strong support of theadministration and, particularly, theDepartment of Defense.

Essentially, Mr. Chairman, myamendment provides three importantelements. First, it reaffirms and shouldbe the policy of our Nation to promotethe ultimate removal from power ofthe Taliban regime in Afghanistan soas to diminish the risk of any futureterrorist attack in the United States;and second, it gives the administrationan important drawdown authority toprovide military assistance toantiTaliban resistance organizations inAfghanistan, as well as to any foreigncountries and international organiza-tions which are assisting in the U.S.military actions that Congress author-ized in the wake of the September 11attack on our Nation; and third, it re-quires periodic reports to the Congressregarding any violations of U.N. sanc-tions on armed sales and provisions ofother assistance to the Taliban.

As we debate this measure, our Na-tion is fully engaged in the war againstthe Taliban. Our Defense Departmenthas ensured me that the enactment ofmy amendment will significantly en-hance the ability of our Nation to winboth the war and the subsequent peacein Afghanistan. Accordingly, I urge mycolleagues to provide this importanttool to our President and to our armedforces by agreeing to this amendment.

POINT OF ORDER

Mr. MURTHA. Mr. Chairman, I makea point of order.

The CHAIRMAN. The gentleman willstate his point of order.

Mr. MURTHA. Mr. Chairman, I insiston my point of order. The amendmentby the gentleman from New York (Mr.GILMAN) violates clause 2 of rule XXI,the section on legislation of an appro-priations bill.

The CHAIRMAN. Does the gentlemanfrom New York (Mr. GILMAN) wish tobe heard on the point of order?

Mr. GILMAN. Mr. Chairman, I regretthat the ranking minority member hasreserved on a point of order, and basedon my respect for him, I ask unani-mous consent to withdraw my amend-ment.


There was no objection.

b 1500

The CHAIRMAN. If there are no fur-ther amendments to this portion of thebill, the Clerk will continue to read.

The Clerk read as follows:This division may be cited as the ‘‘Depart-

ment of Defense Appropriations Act, 2002’’.DIVISION B—FISCAL YEAR 2002

SUPPLEMENTAL APPROPRIATIONSThe following sums are appropriated, out

of any money in the Treasury not otherwiseappropriated, for the fiscal year ending Sep-tember 30, 2002, and for other purposes,namely:

CHAPTER 1DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Office of the Secretary’’,$4,582,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.AGRICULTURE BUILDINGS AND FACILITIES AND

RENTAL PAYMENTS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Agriculture Buildingsand Facilities and Rental Payments’’,$2,875,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,$5,635,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

ANIMAL AND PLANT HEALTH INSPECTIONSERVICE



BUILDINGS AND FACILITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Buildings and Facili-ties’’, $14,081,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

FOOD SAFETY AND INSPECTION SERVICE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Food Safety and Inspec-tion Service’’, $9,800,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.DEPARTMENT OF HEALTH AND HUMAN

SERVICESFOOD AND DRUG ADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and for other expenses nec-essary to support activities related to coun-tering potential biological, disease, andchemical threats to civilian populations, for‘‘Food and Drug Administration, Salariesand Expenses’’, $104,350,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.

AMENDMENT OFFERED BY MR. OBEY

Mr. OBEY. Mr. Chairman, I askunanimous consent to offer an amend-ment.

The CHAIRMAN. Is there objectionto considering the amendment at thisstage of the reading?

There was no objection.The CHAIRMAN. The Clerk will re-

port 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 fol-lowing:

DIVISION B—FISCAL YEAR 2002SUPPLEMENTAL APPROPRIATIONS

The following sums are appropriated, outof any money in the Treasury not otherwiseappropriated, for the fiscal year ending Sep-tember 30, 2002, and for other purposes,namely:

CHAPTER 1—DEPARTMENT OF AGRI-CULTURE, RURAL DEVELOPMENT,FOOD AND DRUG ADMINISTRATION,AND RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

For an additional amount for ‘‘Office of theSecretary’’, to respond to the September 11,2001 terrorist attacks on the United States,$45,148,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

AGRICULTURAL RESEARCH SERVICE

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildingsand Facilities’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $600,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement as

CONGRESSIONAL RECORD — HOUSE H8481November 28, 2001defined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

FOOD SAFETY AND INSPECTION SERVICE

For an additional amount for ‘‘Food Safetyand Inspection Service’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $800,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF HEALTH AND HUMANSERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES.

For an additional amount for ‘‘Salariesand Expenses’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $369,550,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

For an additional amount for ‘‘CommodityFutures Trading Commission’’, to respond tothe September 11, 2001 terrorist attacks onthe United States, $6,495,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 2—DEPARTMENTS OF COM-MERCE, JUSTICE, AND STATE, THE JU-DICIARY, AND RELATED AGENCIES

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

ADMINISTRATIVE REVIEW AND APPEALS

For an additional amount for ‘‘Administra-tive Review and Appeals’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $3,500,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGALACTIVITIES

For an additional amount for ‘‘Salariesand Expenses, General Legal Activities’’, torespond to the September 11, 2001 terroristattacks on the United States, $12,500,000, toremain available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

SALARIES AND EXPENSES, UNITED STATESATTORNEYS

For an additional amount for ‘‘Salariesand Expenses, United States Attorneys’’, torespond to the September 11, 2001 terroristattacks on the United States, $74,600,000, toremain available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

SALARIES AND EXPENSES, UNITED STATESMARSHALS SERVICE

For an additional amount for ‘‘Salariesand Expenses, United States Marshals Serv-ice’’, to respond to the September 11, 2001terrorist attacks on the United States,$11,100,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

FEDERAL BUREAU OF INVESTIGATION


For an additional amount for ‘‘Salariesand Expenses’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $1,107,062,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

IMMIGRATION AND NATURALIZATION SERVICE


For an additional amount for ‘‘Salariesand Expenses’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $409,600,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-

quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

CONSTRUCTION

For an additional amount for ‘‘Construc-tion’’, to respond to the September 11, 2001terrorist attacks on the United States,$128,149,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For an additional amount for ‘‘Justice As-sistance’’, to respond to the September 11,2001 terrorist attacks on the United States,$400,000,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

For an additional amount for such purpose,$150,000,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

STATE AND LOCAL LAW ENFORCEMENTASSISTANCE

For an additional amount for ‘‘State andLocal Law Enforcement Assistance’’, to re-spond to the September 11, 2001 terrorist at-tacks on the United States, $17,100,000, to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

CRIME VICTIMS FUND

For an additional amount for ‘‘Crime Vic-tims Fund’’, to respond to the September 11,2001 terrorist attacks on the United States,$68,100,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) of

CONGRESSIONAL RECORD — HOUSEH8482 November 28, 2001the Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For an additional amount for ‘‘Operationsand Administration’’, to respond to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $4,969,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

EXPORT ADMINISTRATION


For an additional amount for ‘‘Operationsand Administration’’, to respond to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $8,585,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

NATIONAL TELECOMMUNICATIONS ANDINFORMATION ADMINISTRATION

PUBLIC TELECOMMUNICATIONS FACILITIES,PLANNING AND CONSTRUCTION

For an additional amount for emergencygrants authorized by section 392 of the Com-munications Act of 1934 to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $13,000,000, to remain avail-able until expended: Provided, That, notwith-standing any other law, the matching re-quirement otherwise applicable to suchgrants shall not apply to the amounts madeavailable under this heading: Provided fur-ther, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

NATIONAL OCEANIC AND ATMOSPHERICADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operations, Re-search, and Facilities’’, $750,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section

251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procure-ment, Acquisition and Construction’’, to re-spond to the September 11, 2001 terrorist at-tacks on the United States, $14,000,000, to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

DEPARTMENTAL MANAGEMENT


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $13,386,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

THE JUDICIARYSUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Care of the Buildingand Grounds’’, $10,000,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

COURTS OF APPEALS, DISTRICT COURTS, ANDOTHER JUDICIAL SERVICES



COURT SECURITY

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Court Security’’,$90,700,000, to remain available until ex-pended, of which $4,000,000 shall be availableto reimburse the United States MarshallsService for a Supervisory Deputy Marshal re-sponsible for coordinating security in eachjudicial district and circuit: Provided, Thatthe funds may be expended directly or trans-ferred to the United States Marshals Service:Provided further, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

ADMINISTRATIVE OFFICE OF THE UNITEDSTATES COURTS



DEPARTMENT OF STATEADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomaticand Consular Programs’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $30,000,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘Inter-national Broadcasting Operations’’, to re-spond to the September 11, 2001 terrorist at-tacks on the United States, $9,200,000, to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

BROADCASTING CAPITAL IMPROVEMENTS

For an additional amount for ‘‘Broad-casting Capital Improvements’’, to respond

CONGRESSIONAL RECORD — HOUSE H8483November 28, 2001to the September 11, 2001 terrorist attackson the United States, $10,000,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION



SECURITIES AND EXCHANGE COMMISSION



SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Disaster Loans Pro-gram Account’’, $150,000,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

GENERAL PROVISIONSSEC. 201. For purposes of assistance avail-

able under section 7(b)(2) of the Small Busi-ness Act (15 U.S.C. 636(b)(2)) to small busi-ness concerns located in disaster areas de-clared as a result of the September 11, 2001terrorist attacks, (1) the term ‘‘small busi-ness concern’’ shall include not-for-profit in-stitutions and small business concerns de-scribed in subsectors 522, 523, and 524 of theNorth American Industry Classification Sys-tem codes (as described in 13 C.F.R. 121.201,as in effect on January 2, 2001), except for de-pository financial institutions; and (2) the

Administrator may apply such size standardsas may be promulgated under such section121.201 after the date of enactment of thisprovision, but no later than January 1, 2002.

SEC. 202. Notwithstanding any other provi-sion of law, the limitation on the totalamount of loans under section 7(b) of theSmall Business Act (15 U.S.C. 636(b)) out-standing and committed to a borrower in thedisaster areas declared in response to theSeptember 11, 2001 terrorist attacks shall beincreased to $10,000,000.

SEC. 203. Funds appropriated by this Actfor the Broadcasting Board of Governors andthe Department of State may be obligatedand expended notwithstanding section 313 ofthe Foreign Relations Authorization Act,Fiscal Years 1994 and 1995, and section 15 ofthe State Department Basic Authorities Actof 1956.CHAPTER 3—DEPARTMENT OF DEFENSE,

MILITARYDEPARTMENT OF DEFENSE

MILITARY OPERATION AND MAINTENANCEDEFENSE EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)For emergency expenses to respond to the

September 11, 2001, terrorist attacks on theUnited States, for ‘‘Defense Emergency Re-sponse Fund’’, $7,242,911,000, to remain avail-able until expended, to be obligated fromamounts 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 beavailable only for biological weapons pro-liferation prevention activities under theFormer Soviet Union Threat Reduction Pro-gram, of which $30,000,000 shall be trans-ferred to ‘‘Department of State, Non-proliferation, Anti-Terrorism, Demining, andRelated Programs’’ only for the purpose ofsupporting expansion of the Biological Weap-ons Redirect and International Science andTechnology Centers programs, to preventformer Soviet biological weapons expertsfrom emigrating to proliferant states and toreconfigure former Soviet biological weaponsproduction 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 theSpecial Operations Command.

(6) For initial crisis response, $108,000,000.(7) For the Pentagon Reservation Mainte-

nance Revolving Fund, $925,000,000: Provided,That none of the funds provided under thisheading in this chapter may be used for ap-propriations for military construction andmilitary family housing.

GENERAL PROVISIONS

(INCLUDING TRANSFER OF FUNDS)SEC. 301. Amounts available in the ‘‘De-

fense Emergency Response Fund’’ (the‘‘Fund’’) shall be available for the purposesset forth in the 2001 Emergency Supple-mental Appropriations Act for Recoveryfrom and Response to Terrorist Attacks onthe United States (Public Law 107–38): Pro-vided, That the Fund may be used to reim-burse other appropriations or funds of theDepartment of Defense, including activitiesof the National Foreign Intelligence Pro-gram funded in defense appropriations Acts,only for costs incurred for such purposes onor after September 11, 2001: Provided further,That the Fund may be used to liquidate obli-gations incurred by the Department of De-fense under the authorities in section 3732 ofthe Revised Statutes (41 U.S.C. 11; popularlyknown as the ‘‘Food and Forage Act’’) for

any costs incurred for such purposes betweenSeptember 11 and September 30, 2001: Pro-vided further, That the Secretary of Defensemay transfer to the Fund amounts from anycurrent appropriation made available in de-fense appropriations Acts, only for the pur-pose of adjusting and liquidating obligationsproperly chargeable to the Fund: Providedfurther, That the authority granted in thepreceding proviso shall only be exercisedafter the Secretary of Defense makes a de-termination that amounts in the Fund areinsufficient to liquidate obligations madeusing appropriations in the Fund, and notprior to 30 days after notifying the congres-sional defense committees in writing regard-ing each proposed transfer of funds: Providedfurther, That in order to carry out the speci-fied purposes under this heading, the Sec-retary of Defense may transfer funds fromthe Fund to any defense appropriation ac-count enacted in appropriations Acts, includ-ing ‘‘Support for International SportingCompetitions, Defense’’: Provided further,That the funds transferred shall be mergedwith and shall be available for the same pur-poses and for the same time period as the ap-propriation to which transferred: Providedfurther, That the transfer authority providedunder this heading is in addition to anyother transfer authority available to the De-partment of Defense: Provided further, Thatwithin 30 days of enactment of this Act, andquarterly thereafter, the Secretary of De-fense and the Director of Central Intel-ligence shall each provide to the Congress areport (in unclassified and classified form, asneeded) specifying the projects and accountsto which funds provided in this chapter areto be transferred.


amounts in or credited to the Defense Co-operation Account under section 2608(b) oftitle 10, United States Code, are hereby ap-propriated and shall be available for transferby the Secretary of Defense to such appro-priations or funds of the Department of De-fense as he shall determine, to be mergedwith and available for the same purposes andthe same time period as the appropriation towhich transferred: Provided, That the Sec-retary shall provide written notification tothe congressional defense committees 30days prior to such transfer: Provided further,That the transfer authority provided underthis heading is in addition to any othertransfer authority available to the Depart-ment of Defense: Provided further, That theseamounts are designated by the Congress asan emergency requirement pursuant to sec-tion 251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985, asamended: Provided further, That the Sec-retary of Defense shall report to the Con-gress quarterly all obligations made pursu-ant to this authority.

SEC. 303. (a) Amounts appropriated in thisAct under the heading ‘‘Support for Inter-national Sporting Competitions, Defense’’may be used to support essential securityand safety services for the 2002 Winter Olym-pic Games in Salt Lake City, Utah, undersection 2564 of title 10, United States Code,without the certification otherwise requiredunder subsection (a) of that section.

(b) In connection with the provision of es-sential security and safety support to the2002 Winter Olympic Games and logisticaland security support to the 2002 ParalympicGames, the term ‘‘active duty’’ as used insection 5802 of division A of the OmnibusConsolidated Appropriations Act, 1997 (10U.S.C. 2564 note), shall be treated as includ-ing State active duty and full-time NationalGuard duty performed by members of theArmy National Guard and Air NationalGuard.

CONGRESSIONAL RECORD — HOUSEH8484 November 28, 2001SEC. 304. Funds appropriated by this Act,

or made available by the transfer of funds inthis Act, for intelligence activities aredeemed to be specifically authorized by theCongress for purposes of section 504 of theNational Security Act of 1947 (50 U.S.C. 414).


CHAPTER 4—DISTRICT OF COLUMBIAFEDERAL FUNDS

FEDERAL PAYMENT TO THE DISTRICT OF CO-LUMBIA FOR PROTECTIVE CLOTHING ANDBREATHING APPARATUS

For a Federal payment to the District ofColumbia for protective clothing and breath-ing apparatus, to remain available until ex-pended, $12,144,209, of which $921,833 is for theFire and Emergency Medical Services De-partment, $4,269,000 is for the MetropolitanPolice Department, $1,500,000 is for the De-partment of Health, $453,376 is for the De-partment of Public Works, and $5,000,000 isfor the Washington Metropolitan Area Tran-sit Authority: Provided, That such amount isdesignated by the Congress as an emergencyrequirement pursuant to section 251(b)(2)(A)of the Balanced Budget and Emergency Def-icit Control Act of 1985: Provided further,That such amount shall be available only tothe extent that an official budget request,that includes designation of the entireamount of the request as an emergency re-quirement as defined in the Balanced Budgetand Emergency Deficit Control Act of 1985, istransmitted by the President to the Con-gress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR SPECIALIZED HAZARDOUS MATE-RIALS EQUIPMENT

For a Federal payment to the District ofColumbia for specialized hazardous materialsequipment, to remain available until ex-pended, $1,032,342, for the Fire and Emer-gency Medical Services Department: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR CHEMICAL AND BIOLOGICALWEAPONS PREPAREDNESS

For a Federal payment to the District ofColumbia for chemical and biological weap-ons preparedness, to remain available untilexpended, $10,354,415, of which $204,920 is theFire and Emergency Medical Services De-partment, $258,170 is for the MetropolitanPolice Department, and $9,891,325 is for theDepartment of Health: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

FEDERAL PAYMENT TO THE DISTRICT OF CO-LUMBIA FOR PHARMACEUTICALS FOR RE-SPONDERS

For a Federal payment to the District ofColumbia for pharmaceuticals for respond-ers, to remain available until expended,$2,100,000, for the Department of Health: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR ADDITIONAL VEHICLES AND RE-SPONSE CAPABILITY

For a Federal payment to the District ofColumbia for additional vehicles and re-sponse capability, $8,324,500, of which$6,600,000 is for the Fire and Emergency Med-ical Services Department, $1,515,000 is for theMetropolitan Police Department, $112,500 isfor the Department of Public Works Divisionof Transportation, $37,000 is for the Office ofProperty Management, and $60,000 is for theDepartment of Public Works: Provided, Thatsuch amount is designated by the Congressas an emergency requirement pursuant tosection 251(b)(2)(A) of the Balanced Budgetand Emergency Deficit Control Act of 1985:Provided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR SEARCH, RESCUE AND OTHEREMERGENCY EQUIPMENT AND SUPPORT

For a Federal payment to the District ofColumbia for search, rescue and other emer-gency equipment and support, $5,222,135, ofwhich $3,413,022 is for the Metropolitan Po-lice Department, $207,995 is for the Fire andEmergency Medical Services Department,$398,581 is for the Department of Consumerand Regulatory Affairs, $1,178,537 is for theDepartment of Public Works, and $24,000 isfor the Department of Human Services: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR AUTOMATIC VEHICLE LOCATIONSYSTEMS

For a Federal payment to the District ofColumbia for automatic vehicle location sys-tems, $16,150,000, of which $1,150,000 is for theFire and Emergency Medical Services De-partment, and $15,000,000 is for the Wash-ington Metropolitan Area Transit Authority:Provided, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-

quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR EQUIPMENT, SUPPLIES AND VE-HICLES FOR THE OFFICE OF THE CHIEF MED-ICAL EXAMINER

For a Federal payment to the District ofColumbia for equipment, supplies and vehi-cles for the office of the chief medical exam-iner, $1,780,000: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR HOSPITAL CONTAINMENT FACILI-TIES FOR THE DEPARTMENT OF HEALTH

For a Federal payment to the District ofColumbia for hospital containment facilitiesfor the Department of Health, $8,000,000: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR THE OFFICE OF THE CHIEF TECH-NOLOGY OFFICER

For a Federal payment to the District ofColumbia for the Office of the Chief Tech-nology Officer, $78,600,000, of which $46,200,000is for a first response land-line and wirelessinteroperability project, and $32,400,000 is fora city-wide secure data center: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.FEDERAL PAYMENT TO THE DISTRICT OF CO-

LUMBIA FOR EMERGENCY TRAFFIC MANAGE-MENT

For a Federal payment to the District ofColumbia for emergency traffic manage-ment, $52,900,000, of which $2,200,000 is for theWashington Metropolitan Area Transit Au-thority for completion of the fiber optic net-work project, and $50,700,000 is for the De-partment of Public Works Division of Trans-portation to upgrade traffic light controllers($14,000,000), to establish a video traffic moni-toring system ($4,700,000), to disseminatetraffic information ($2,000,000), and to pro-vide fiber optic backbone for traffic controland monitoring ($30,000,000): Provided, Thatsuch amount is designated by the Congressas an emergency requirement pursuant tosection 251(b)(2)(A) of the Balanced Budgetand Emergency Deficit Control Act of 1985:Provided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation of

CONGRESSIONAL RECORD — HOUSE H8485November 28, 2001the entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

FEDERAL PAYMENT TO THE DISTRICT OFCOLUMBIA FOR TRAINING AND PLANNING

For a Federal payment to the District ofColumbia for training and planning,$10,698,725, of which $4,400,000 is for the Fireand Emergency Medical Services Depart-ment, $990,000 is for the Metropolitan PoliceDepartment, $1,200,000 is for the Departmentof Health, $200,000 is for the Office of theChief Medical Examiner, $1,500,000 is for theEmergency Management Agency, $500,000 isfor the Office of Property Management,$500,000 is for the Department of MentalHealth, $468,725 is for the Department of Con-sumer and Regulatory Affairs, $240,000 is forthe Department of Public Works, $600,000 isfor the Department of Human Services, and$100,000 is for the Department of Parks andRecreation: Provided, That such amount isdesignated by the Congress as an emergencyrequirement pursuant to section 251(b)(2)(A)of the Balanced Budget and Emergency Def-icit Control Act of 1985: Provided further,That such amount shall be available only tothe extent that an official budget request,that includes designation of the entireamount of the request as an emergency re-quirement as defined in the Balanced Budgetand Emergency Deficit Control Act of 1985, istransmitted by the President to the Con-gress.

FEDERAL PAYMENT TO THE DISTRICT OFCOLUMBIA FOR INCREASED SECURITY

For a Federal payment to the District ofColumbia for increased security, $38,436,000,of which $3,900,000 for the Emergency Man-agement Agency, $12,775,000 for the publicschools, $3,961,000 for the Office of PropertyManagement, and $17,800,000 for the Wash-ington Metropolitan Area Transit Authorityfor employee and facility security: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

GENERAL PROVISIONS

SEC. 401. Notwithstanding any other provi-sion of law, all Federal payments to the Dis-trict of Columbia under this chapter shall beapportioned quarterly by the Office of Man-agement and Budget, and funds for the Wash-ington Metropolitan Area Transit Authorityshall be apportioned quarterly directly tosuch Authority.

SEC. 402. The Chief Financial Officer of theDistrict of Columbia and the Chief FinancialOfficer of Washington Metropolitan AreaTransit Authority shall provide quarterly re-ports to the President and the Committeeson Appropriations on the use of the fundsunder this chapter beginning no later thanJanuary 2, 2002.

DISTRICT OF COLUMBIA FUNDSDIVISION OF EXPENSES

The following amounts are appropriatedfor the District of Columbia for the currentfiscal year out of the general fund of the Dis-trict of Columbia and shall remain availableuntil expended.

PROTECTIVE CLOTHING AND BREATHINGAPPARATUS

For protective clothing and breathing ap-paratus, to remain available until expended,

$12,144,209, of which $921,833 is for the Fireand Emergency Medical Services Depart-ment, $4,269,000 is for the Metropolitan Po-lice Department, $1,500,000 is for the Depart-ment of Health, $453,376 is for the Depart-ment of Public Works, and $5,000,000 is forthe Washington Metropolitan Area TransitAuthority.

SPECIALIZED HAZARDOUS MATERIALSEQUIPMENT

For specialized hazardous materials equip-ment, to remain available until expended,$1,032,342, for the Fire and Emergency Med-ical Services Department.

CHEMICAL AND BIOLOGICAL WEAPONSPREPAREDNESS

For chemical and biological weapons pre-paredness, to remain available until ex-pended, $10,354,415, of which $204,920 is theFire and Emergency Medical Services De-partment, $258,170 is for the MetropolitanPolice Department, and $9,891,325 is for theDepartment of Health.

PHARMACEUTICALS FOR RESPONDERS

For pharmaceuticals for responders, to re-main available until expended, $2,100,000, forthe Department of Health.

ADDITIONAL VEHICLES AND RESPONSECAPABILITY

For additional vehicles and response capa-bility, $8,324,500, of which $6,600,000 is for theFire and Emergency Medical Services De-partment, $1,515,000 is for the MetropolitanPolice Department, $112,500 is for the Depart-ment of Public Works Division of Transpor-tation, $37,000 is for the Office of PropertyManagement, and $60,000 is for the Depart-ment of Public Works.

SEARCH, RESCUE AND OTHER EMERGENCYEQUIPMENT AND SUPPORT

For search, rescue and other emergencyequipment and support, $5,222,135, of which$3,413,022 is for the Metropolitan Police De-partment, $207,995 is for the Fire and Emer-gency Medical Services Department, $398,581is for the Department of Consumer and Reg-ulatory Affairs, $1,178,537 is for the Depart-ment of Public Works, and $24,000 is for theDepartment of Human Services.

AUTOMATIC VEHICLE LOCATION SYSTEMS

For automatic vehicle location systems,$16,150,000, of which $1,150,000 is for the Fireand Emergency Medical Services Depart-ment, and $15,000,000 is for the WashingtonMetropolitan Area Transit Authority.EQUIPMENT, SUPPLIES AND VEHICLES FOR THE

OFFICE OF THE CHIEF MEDICAL EXAMINER

For equipment, supplies and vehicles forthe Office of the Chief Medical Examiner,$1,780,000.HOSPITAL CONTAINMENT FACILITIES FOR THE

DEPARTMENT OF HEALTH

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

OFFICE OF THE CHIEF TECHNOLOGY OFFICER

For the Office of the Chief Technology Of-ficer, $78,600,000, of which $46,200,000 is for afirst response land-line and wireless inter-operability project, and $32,400,000 is for acity-wide secure data center.

EMERGENCY TRAFFIC MANAGEMENT

For emergency traffic management,$52,900,000, of which $2,200,000 is for the Wash-ington Metropolitan Area Transit Authorityfor completion of the fiber optic networkproject, and $50,700,000 is for the Departmentof Public Works Division of Transportationto upgrade traffic light controllers($14,000,000), to establish a video traffic moni-toring system ($4,700,000), to disseminatetraffic information ($2,000,000), and to pro-vide fiber optic backbone for traffic controland monitoring ($30,000,000).

TRAINING AND PLANNING

For training and planning, $10,698,725, ofwhich $4,400,000 is for the Fire and Emer-gency Medical Services Department, $990,000is for the Metropolitan Police Department,$1,200,000 is for the Department of Health,$200,000 is for the Office of the Chief MedicalExaminer, $1,500,000 is for the EmergencyManagement Agency, $500,000 is for the Of-fice of Property Management, $500,000 is forthe Department of Mental Health, $468,725 isfor the Department of Consumer and Regu-latory Affairs, $240,000 is for the Departmentof Public Works, $600,000 is for the Depart-ment of Human Services, and $100,000 is forthe Department of Parks and Recreation.

INCREASED SECURITY

For increased security, $38,436,000, of which$3,900,000 for the Emergency ManagementAgency, $12,775,000 for the public schools,$3,961,000 for the Office of Property Manage-ment, and $17,800,000 for the WashingtonMetropolitan Area Transit Authority for em-ployee and facility security.

CHAPTER 5—ENERGY AND WATERDEVELOPMENT

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operation and Main-tenance, General’’, $267,000,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Water and RelatedResources’’, $70,259,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF ENERGY

NATIONAL NUCLEAR SECURITYADMINISTRATION

WEAPONS ACTIVITIES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, and for other expenses toincrease the security of the Nation’s nuclearweapons complex, for ‘‘Weapons Activities’’,$534,000,000, to remain available until ex-pended: Provided, That, of such amount,$284,000,000 shall be only for increased secu-rity (including cyber-security) for the trans-portation and storage of United States nu-clear weapons; and $250,000,000 shall be onlyfor classified activities to improve physical

CONGRESSIONAL RECORD — HOUSEH8486 November 28, 2001security: Provided further, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Defense Nuclear Non-proliferation’’, $286,000,000, to remain avail-able until expended: Provided, That, of suchamount, $131,000,000 shall be only for in-creased physical security of nuclear weaponsand materials at locations within the NewlyIndependent States of the former SovietUnion; $60,000,000 shall be only for increasedphysical security of nuclear reactors withinthe Newly Independent States of the formerSoviet Union; and $95,000,000 shall be only forresearch and development for global ter-rorist weapons of mass destruction: Providedfurther, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

DEFENSE ENVIRONMENTAL RESTORATION ANDWASTE MANAGEMENT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Defense Environ-mental Restoration and Waste Manage-ment’’, $65,200,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

OTHER DEFENSE ACTIVITIES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, and for other expensesnecessary to support activities related tocountering potential biological threats to ci-vilian populations, for ‘‘Other Defense Ac-tivities’’, $21,500,000, to remain availableuntil expended: Provided, That, of suchamount,$18,000,000 shall be only for intel-ligence activities: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 6—FOREIGN OPERATIONS, EX-PORT FINANCING, AND RELATED PRO-GRAMSBILATERAL ECONOMIC ASSISTANCEFUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONALDEVELOPMENT

OPERATING EXPENSES OF THE UNITED STATESAGENCY FOR INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘OperatingExpenses of the United States Agency forInternational Development’’, to respond tothe September 11, 2001 terrorist attacks onthe United States, $100,000,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF STATE

NONPROLIFERATION, ANTI-TERRORISM,DEMINING AND RELATED PROGRAMS

For an additional amount for ‘‘Non-proliferation, Anti-terrorism, Demining andRelated Programs’’, $30,000,000, to remainavailable until expended: Provided, That suchfunds shall be used for the Biological Weap-ons Redirect and International Science Cen-ters programs: Provided further, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 7—DEPARTMENT OF THEINTERIOR AND RELATED AGENCIES

DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for ‘‘Manage-ment of Lands and Resources’’, to respond tothe September 11, 2001 terrorist attacks onthe United States, $4,500,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For an additional amount for ‘‘ResourceManagement’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $3,000,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, that

includes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operation of the Na-tional Park System’’, $10,098,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

UNITED STATES PARK POLICE

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘United States ParkPolice’’, $25,295,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

CONSTRUCTION

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Construction’’,$75,560,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress: Pro-vided further, That the Secretary of the Inte-rior shall take such actions as may be nec-essary to ensure that the security upgradesat national memorials, monuments, andother significant cultural sites that are fund-ed by this Act are completed not later thanDecember 31, 2002, except that the Secretarymay not waive any regulatory or statutoryrequirements related to the environment,fair labor standards, or nondiscrimination:Provided further, That, notwithstanding anyother provision of law, single but separateprocurements for the construction of secu-rity improvements and an underground vis-itor screening facility at the WashingtonMonument, for security improvements at theLincoln Memorial, and for security improve-ments at the Jefferson Memorial, may beissued that include the full scope of eachproject, except that each solicitation andcontract shall contain the clause ‘‘avail-ability of funds’’ found at section 52.232.18 oftitle 48, Code of Federal Regulations.



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

CONGRESSIONAL RECORD — HOUSE H8487November 28, 2001the United States, for ‘‘Salaries and Ex-penses’’, $4,743,000, to remain available untilexpended, for safeguarding employees andvisitors to the Department of the Interiormain building complex from the heightenedthreat of terrorist attack: Provided, Thatsuch amount is designated by the Congressas an emergency requirement pursuant tosection 251(b)(2)(A) of the Balanced Budgetand Emergency Deficit Control Act of 1985:Provided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF ENERGYSTRATEGIC PETROLEUM RESERVE

For an additional amount for ‘‘StrategicPetroleum Reserve’’, to respond to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $5,000,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.DEPARTMENT OF HEALTH AND HUMAN

SERVICESINDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For an additional amount for ‘‘IndianHealth Services’’, to respond to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $850,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

OTHER RELATED AGENCIESSMITHSONIAN INSTITUTION



NATIONAL GALLERY OF ART


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $2,148,000, to remain available untilexpended: Provided, That such amount is des-

ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

JOHN F. KENNEDY CENTER FOR THEPERFORMING ARTS

OPERATIONS AND MAINTENANCE

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operations and Main-tenance’’, $4,310,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

NATIONAL CAPITAL PLANNING COMMISSION


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $758,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.CHAPTER 8—DEPARTMENTS OF LABOR,

HEALTH AND HUMAN SERVICES, EDU-CATION, AND RELATED AGENCIES

DEPARTMENT OF LABOREMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For emergency expenses to respond to theconsequences of the September 11, 2001 ter-rorist attacks on the United States, for‘‘Training and Employment Services’’,$2,000,000,000 shall be available for the periodbeginning on the date of enactment throughthe date ending 18 months after the date ofenactment, for carrying out section 173 ofthe Workforce Investment Act: Provided,That these funds only may be used by Statesto provide employment and training assist-ance, including assistance in making COBRAcontinuation coverage payments, to dis-located workers affected by a plant closure,mass layoff, or multiple layoffs if the Gov-ernor certifies in the application for suchgrants that the attacks of September 11, 2001contributed importantly to such plant clo-sures, mass layoffs, and multiple layoffs:Provided further, That such funds may beused by the State to assist a participant inthe program funded under such grants bypaying up to 75 percent of the participantsand any dependents contribution for COBRAcontinuation coverage of the participant andany dependents for a period not to exceed 10months: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency Deficit

Control Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

STATE UNEMPLOYMENT INSURANCE ANDEMPLOYMENT SERVICE OPERATIONS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘State UnemploymentInsurance and Employment Service Oper-ations’’, $4,100,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

PENSION AND WELFARE BENEFITSADMINISTRATION



OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION






CONGRESSIONAL RECORD — HOUSEH8488 November 28, 2001DEPARTMENT OF HEALTH AND HUMAN

SERVICESOFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICESEMERGENCY FUND

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, and for other expensesnecessary to support activities related tocountering potential biological, disease, andchemical threats to civilian populations, for‘‘Public Health and Social Services Emer-gency Fund’’, $2,752,650,000, to remain avail-able until expended: Provided, That, of suchamount $1,262,000,000 shall be distributed asfollows: $920,000,000 for the Centers for Dis-ease Control and Prevention, of which up to$85,000,000 shall remain available until ex-pended for equipment and construction of fa-cilities; $115,000,000 for the National Instituteof Allergy and Infectious Diseases;$160,000,000 for the National Institutes ofHealth, Buildings and Facilities, which shallremain available until expended; $15,000,000for the Health Resources and Services Ad-ministration; $12,000,000 for the Office ofEmergency Preparedness; and $40,000,000 forthe Substance Abuse and Mental HealthServices Administration: Provided further,That the amount provided in this paragraphis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF EDUCATIONSCHOOL IMPROVEMENT PROGRAMS

For an additional amount for ‘‘School Im-provement Programs’’, $110,000,000, to remainavailable until expended: Provided, That, ofsuch amount, $10,000,000 shall be to provideeducation-related services to local edu-cational agencies in which the learning envi-ronment has been disrupted due to a violentor traumatic crisis, for the Project SchoolEmergency Response to Violence program:Provided further, That, of such amount,$100,000,000, shall be for carrying out activi-ties authorized under subpart 2 of part A oftitle IV of the Elementary and SecondaryEducation Act of 1965: Provided further, That,notwithstanding any other provision of law,the funds referred to in the second provisoshall be used to provide grants to local edu-cational agencies and institutions of highereducation for the purpose of implementing,coordinating, and improving emergency re-sponse plans with local law enforcement,public safety, health, and mental healthagencies; training school personnel, stu-dents, and parents in emergency responseprocedures; implementing security measuresfor high-risk areas and facilities; and pur-chasing, installing, and upgrading securityequipment and technology: Provided further,That the funds referred to in the second pro-viso shall be made available only to localeducational agencies and institutions ofhigher education that demonstrate a needfor financial assistance and a lack of re-sources to implement emergency prepared-ness and security improvements: Providedfurther, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includes

designation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

HIGHER EDUCATION

For an additional amount for ‘‘Higher Edu-cation’’ for emergency expenses for carryingout activities authorized by title VI of theHigher Education Act of 1965 and the MutualEducational and Cultural Exchange Act of1961, $20,000,000, to remain available throughSeptember 30, 2002: Provided, That, notwith-standing any other provision of law, fundsmade available in this Act and in the Depart-ments of Labor, Health and Human Services,and Education, and Related Agencies Appro-priations Act, 2002, to carry out title VI ofthe Higher Education Act of 1965 and the Mu-tual Educational and Cultural Exchange Actof 1961 may be used to support visits andstudy in foreign countries by individuals whoare participating in advanced foreign lan-guage training and international studies inareas that are vital to U.S. national securityand who plan to apply their language skillsand knowledge of these countries in thefields of government, the professions, orinternational development: Provided further,That up to 1 percent of the funds referred toin the preceding proviso may be used for pro-gram evaluation, national outreach, and in-formation dissemination activities: Providedfurther, That the amount provided in thisparagraph is designated by the Congress asan emergency requirement pursuant to sec-tion 251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

RELATED AGENCIES

NATIONAL LABOR RELATIONS BOARD


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $180,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Limitation on Ad-ministrative Expenses’’, $7,500,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 9—LEGISLATIVE BRANCHLEGISLATIVE BRANCH

LEGISLATIVE BRANCH EMERGENCY RESPONSEFUND


September 11, 2001 terrorist attacks on theUnited States, $256,081,000 to remain avail-able until expended: Provided, That$34,500,000 shall be transferred to ‘‘SENATE—Sergeant at Arms and Doorkeeper of theSenate’’ and shall be obligated with prior no-tification to the Committee on Appropria-tions of the Senate: Provided further, That$40,712,000 shall be transferred to ‘‘HOUSEOF REPRESENTATIVES—Salaries and Ex-penses’’ and shall be obligated with prior no-tification to the Committee on Appropria-tions of the House of Representatives: Pro-vided further, That $1,000,000 shall be trans-ferred as a grant to the United States Cap-itol Historical Society: Provided further,That the remaining balance of $179,869,000,together with any other amounts provided toany entity in the legislative branch whichare derived from the Emergency ResponseFund established by Public Law 107–38 andwhich remain unobligated as of the date ofthe enactment of this Act (other than anyamounts provided to the House of Represent-atives or Senate), shall be transferred to theCapitol Police Board, who shall transfer tothe affected entities of the legislative branchsuch amounts as the Capitol Police Boardconsiders appropriate, with prior notifica-tion to the Committees on Appropriations ofthe House of Representatives and Senate:Provided, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

HOUSE OF REPRESENTATIVESADMINISTRATIVE PROVISIONS

SEC. 901. (a) ACQUISITION OF BUILDINGS ANDFACILITIES.—Notwithstanding any other pro-vision of law, in order to respond to an emer-gency situation, the Chief AdministrativeOfficer of the House of Representatives mayacquire buildings and facilities for the use ofthe House of Representatives by lease, pur-chase, or such other arrangement as theChief Administrative Officer considers ap-propriate (including a memorandum of un-derstanding with the head of an ExecutiveAgency, as defined in section 105 of title 5,United States Code, in the case of a buildingor facility under the control of such Agency),subject to the approval of the House OfficeBuilding Commission.

(b) AGREEMENTS.—Notwithstanding anyother provision of law, for purposes of car-rying out subsection (a), the Chief Adminis-trative Officer may carry out such activitiesand enter into such agreements related tothe use of any building or facility acquiredpursuant to such subsection as the Chief Ad-ministrative Officer considers appropriate,including—

(1) agreements with the United States Cap-itol Police or any other entity relating tothe policing of such building or facility; and

(2) agreements with the Architect of theCapitol or any other entity relating to thecare and maintenance of such building or fa-cility.

(c) AUTHORITY OF CAPITOL POLICE AND AR-CHITECT.—

(1) ARCHITECT OF THE CAPITOL.—Notwith-standing any other provision of law, the Ar-chitect of the Capitol may take any action

CONGRESSIONAL RECORD — HOUSE H8489November 28, 2001necessary to carry out an agreement enteredinto with the Chief Administrative Officerpursuant to subsection (b).

(2) CAPITOL POLICE.—Section 9 of the Act ofJuly 31, 1946 (40 U.S.C. 212a) is amended—

(A) by striking ‘‘The Capitol Police’’ andinserting ‘‘(a) The Capitol Police’’; and

(B) by adding at the end the following newsubsection:

‘‘(b) For purposes of this section, ‘theUnited States Capitol Buildings andGrounds’ shall include any building or facil-ity acquired by the Chief Administrative Of-ficer of the House of Representatives for theuse of the House of Representatives forwhich the Chief Administrative Officer hasentered into an agreement with the UnitedStates Capitol Police for the policing of thebuilding or facility.’’.

(d) TRANSFER OF CERTAIN FUNDS.—Subjectto the approval of the Committee on Appro-priations of the House of Representatives,the Architect of the Capitol may transfer tothe Chief Administrative Officer amountsmade available to the Architect for nec-essary expenses for the maintenance, careand operation of the House office buildingsduring a fiscal year in order to cover anyportion of the costs incurred by the ChiefAdministrative Officer during the year in ac-quiring a building or facility pursuant tosubsection (a).

(e) EFFECTIVE DATE.—This section and theamendments made by this section shallapply with respect to fiscal year 2002 andeach succeeding fiscal year.

SEC. 902. (a) Notwithstanding any otherprovision of law—

(1) subject to subsection (b), the Chief Ad-ministrative Officer of the House of Rep-resentatives and the head of an ExecutiveAgency (as defined in section 105 of title 5,United States Code) may enter into a memo-randum of understanding under which theAgency may provide facilities, equipment,supplies, personnel, and other support serv-ices for the use of the House of Representa-tives during an emergency situation; and

(2) the Chief Administrative Officer andthe head of the Agency may take any actionnecessary to carry out the terms of thememorandum of understanding.

(b) The Chief Administrative Officer of theHouse of Representatives may not enter intoa memorandum of understanding describedin subsection (a)(1) without the approval ofthe Speaker of the House of Representatives.

(c) This section shall apply with respect tofiscal year 2002 and each succeeding fiscalyear.

SEC. 903. (a) There is established in theHouse of Representatives an office to beknown as the House of Representatives Of-fice of Emergency Planning, Preparedness,and Operations. The Office shall be respon-sible for mitigation and preparedness oper-ations, crisis management and response, re-source services, and recovery operations.

(b) There is established the House of Rep-resentatives Continuity of Operations Board,comprised of the Clerk, the Sergeant-at-Arms, and the Chief Administrative Officerof the House of Representatives. The Clerkshall 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 aDirector, who shall be the head of the Officeand shall carry out the day-to-day oper-ations of the Office under the supervision ofthe Board;

(2) shall exercise, with respect to any em-ployee of the Office, the authority referredto in section 8344(k)(2)(B) of title 5, UnitedStates Code, and the authority referred to insection 8468(h)(2)(B) of title 5, United StatesCode;

(3) shall approve procurement of services ofexperts and consultants by the Office or by

committees or other entities of the House ofRepresentatives for assignment to the Office;and

(4) may request the head of any Federal de-partment or agency to detail to the Office,on a reimbursable basis, any of the personnelof the department or agency.

(d) Until otherwise provided by law, fundsshall be available for the Office fromamounts appropriated for the operations ofthe House of Representatives.

(e) This section shall take effect on thedate of the enactment of this Act and shallapply to fiscal years beginning with fiscalyear 2002.

OTHER LEGISLATIVE BRANCHADMINISTRATIVE 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 andinserting the following: ‘‘but not to exceed$2,500 less than the lesser of the annual sal-ary for the Sergeant at Arms of the House ofRepresentatives or the annual salary for theSergeant at Arms and Doorkeeper of theSenate.’’.

(b) The Assistant Chief of the Capitol Po-lice shall receive compensation at a rate de-termined by the Capitol Police Board, butnot to exceed $1,000 less than the annual sal-ary for the chief of the United States CapitolPolice.

(c) This section and the amendment madeby this section shall apply with respect topay periods beginning on or after the date ofthe enactment of this Act.

SEC. 905. In addition to the authority pro-vided under section 121 of the LegislativeBranch Appropriations Act, 2002, at any timeon or after the date of the enactment of thisAct, the Capitol Police Board may acceptcontributions of recreational, comfort, andother incidental items and services to sup-port officers and employees of the UnitedStates Capitol Police while such officers andemployees are on duty in response to emer-gencies involving the safety of human life orthe protection of property.

SEC. 906. (a) Section 9 of the Act of July 31,1946 (40 U.S.C. 212a) is amended by adding atthe end the following new subsection:

‘‘(c)(1) For purposes of this section, ‘theUnited States Capitol Buildings andGrounds’ shall include all buildings andgrounds of the United States Botanic Gar-den, including the National Garden and Bar-tholdi Park.

‘‘(2) For purposes of this section, the JointCommittee on the Library may suspend theapplication of section 4 of this Act to thebuildings and grounds described in paragraph(1) in order to promote the interests of theUnited States Botanic Garden.’’.

(b) The amendment made by subsection (a)shall apply with respect to fiscal year 2002and each succeeding fiscal year.

SEC. 907. (a) ASSISTANCE FOR CAPITOL PO-LICE FROM EXECUTIVE DEPARTMENTS ANDAGENCIES.—Notwithstanding any other pro-vision of law, Executive departments and Ex-ecutive agencies may assist the UnitedStates Capitol Police in the same mannerand to the same extent as such departmentsand agencies assist the United States SecretService under section 6 of the PresidentialProtection Assistance Act of 1976 (18 U.S.C.3056 note), except as may otherwise be pro-vided in this section.

(b) TERMS OF ASSISTANCE.—Assistanceunder this section shall be provided—

(1) consistent with the authority of theCapitol Police under sections 9 and 9A of theAct 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 theCapitol Police Board—

(i) the Sergeant at Arms and Doorkeeper ofthe Senate, in the case of any matter relat-ing to the Senate; or

(ii) the Sergeant at Arms of the House ofRepresentatives, in the case of any matterrelating 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 Chair-man of the Capitol Police Board.

(c) REPORTS ON EXPENDITURES FOR ASSIST-ANCE.—

(1) REPORTS.—With respect to any fiscalyear in which an Executive department orExecutive agency provides assistance underthis section, the head of that department oragency shall submit a report not later than30 days after the end of the fiscal year to theChairman of the Capitol Police Board.

(2) CONTENTS.—The report submitted underparagraph (1) shall contain a detailed ac-count of all expenditures made by the Execu-tive department or Executive agency in pro-viding assistance under this section duringthe applicable fiscal year.

(3) SUMMARY OF REPORTS.—After receipt ofall reports under paragraph (2) with respectto any fiscal year, the Chairman of the Cap-itol Police Board shall submit a summary ofsuch reports to the Committees on Appro-priations of the Senate and the House ofRepresentatives.

(d) EFFECTIVE DATE.—This section shallapply with respect to fiscal year 2002 andeach succeeding fiscal year.

SEC. 908. (a) Notwithstanding any otherprovision of law, the United States CapitolPreservation Commission established undersection 801 of the Arizona-Idaho Conserva-tion Act of 1988 (40 U.S.C. 188a) may transferto the Architect of the Capitol amounts inthe Capitol Preservation Fund establishedunder section 803 of such Act (40 U.S.C. 188a–2) if the amounts are to be used by the Archi-tect for the planning, engineering, design, orconstruction of the Capitol Visitor Center.

(b) Any amounts transferred pursuant tosubsection (a) shall remain available for theuse of the Architect of the Capitol until ex-pended.


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, stor-age space’’ and inserting ‘‘acquire, throughpurchase, lease, or other appropriate ar-rangement, property or space’’;

(2) by inserting ‘‘the United States CapitolPolice,’’ after ‘‘Representatives,’’; and

(3) by striking ‘‘as such Commission andcommittee may authorize’’ and inserting ‘‘asthe Architect deems reasonable and appro-priate’’.

(b) Nothing in the amendment made bysubsection (a) may be construed to affect theauthority provided to the Architect of theCapitol under section 128 of the LegislativeBranch Appropriations Act, 2002, to securethe property described in such section.

(c) The amendment made by subsection (a)shall apply with respect to fiscal year 2002and each succeeding fiscal year.

SEC. 910. (a) Public Law 107–68 is amendedin the item relating to ‘‘ARCHITECT OFTHE 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 enact-ment of Public Law 107–68.

CONGRESSIONAL RECORD — HOUSEH8490 November 28, 2001SEC. 911. (a) In accordance with the author-

ity described in section 308(a) of the Legisla-tive Branch Appropriations Act, 1988 (40U.S.C. 166b–3a(a)), section 108 of the Legisla-tive Branch Appropriations Act, 1991 (40U.S.C. 166b–3b), as amended by section129(c)(1) of the Legislative Branch Appropria-tions Act, 2002, is amended by adding at theend the following new subsection:

‘‘(c) The Architect of the Capitol may fixthe rate of basic pay for not more than 4 po-sitions for Executive Project Directorswhose salary is payable from project funds,at a rate not to exceed 95 percent of thehighest total rate of pay for the Senior Exec-utive Service under subchapter VIII of chap-ter 53 of title 5, United States Code, for thelocality involved.’’.

(b) The amendment made by subsection (a)shall apply with respect to pay periods be-ginning on or after October 1, 2001.

SEC. 912. (a) Public Law 107–68 is amendedby adding at the end the following:

‘‘This Act may be cited as the ‘LegislativeBranch Appropriations Act, 2002’.’’.

(b) The amendment made by subsection (a)shall take effect as if included in the enact-ment of Public Law 107–68.

CHAPTER 10—DEPARTMENT OFDEFENSE, MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Military Construc-tion, Army’’, $195,479,500, for activities insupport of anti-terrorism efforts and forceprotection, to remain available until Sep-tember 30, 2006: Provided, That, notwith-standing any other provision of law, suchfunds may be obligated or expended for mili-tary construction projects not otherwise au-thorized by law: Provided further, That, ofthis amount, not to exceed $10,804,500 shallbe available for study, planning, design, ar-chitect and engineer services, and host na-tion support, as authorized by law, unlessthe Secretary of Defense determines that ad-ditional obligations are necessary for suchpurposes and notifies the Committees on Ap-propriations of his determination and thereasons therefor: Provided further, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

MILITARY CONSTRUCTION, NAVY

For an additional amount for ‘‘MilitaryConstruction, Navy’’ for activities in supportof anti-terrorism efforts and force protec-tion, $131,217,400, to remain available untilSeptember 30, 2006: Provided, That, notwith-standing any other provision of law, suchfunds may be obligated or expended for mili-tary construction projects not otherwise au-thorized by law: Provided further, That, ofthis amount, not to exceed $7,427,400 shall beavailable for study, planning, design, archi-tect and engineer services, as authorized bylaw, unless the Secretary of Defense deter-mines that additional obligations are nec-essary for such purposes and notifies theCommittees on Appropriations of his deter-mination and the reasons therefor: Providedfurther, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That such

amount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Military Construc-tion, Air Force’’, $68,069,680, for activities insupport of anti-terrorism efforts and forceprotection, to remain available until Sep-tember 30, 2006: Provided, That, notwith-standing any other provision of law, suchfunds may be obligated or expended for mili-tary construction projects not otherwise au-thorized by law: Provided further, That, ofthis amount, not to exceed $1,441,680 shall beavailable for study, planning, design, archi-tect and engineer services, as authorized bylaw, unless the Secretary of Defense deter-mines that additional obligations are nec-essary for such purposes and notifies theCommittees on Appropriations of his deter-mination and the reasons therefor: Providedfurther, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

MILITARY CONSTRUCTION, DEFENSE-WIDE

For an additional amount for ‘‘MilitaryConstruction, Defense-wide’’ for activities insupport of anti-terrorism efforts and forceprotection, $482,014,860, to remain availableuntil September 30, 2006: Provided, That, not-withstanding any other provision of law,such funds may be obligated or expended formilitary construction projects not otherwiseauthorized by law: Provided further, That, ofthis amount, not to exceed $27,283,860 shallbe available for study, planning, design, ar-chitect and engineer services, as authorizedby law, unless the Secretary of Defense de-termines that additional obligations are nec-essary for such purposes and notifies theCommittees on Appropriations of his deter-mination and the reasons therefor: Providedfurther, That such amount is designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

GENERAL PROVISIONS

SEC. 1001. The Secretary of Defense maytransfer to the Defense Emergency ResponseFund amounts appropriated in Military Con-struction Appropriations Acts if the Sec-retary makes a determination that amountsin the Fund are insufficient to carry outneeded military construction projects. In ex-ercising the transfer authority provided bythis section, the Secretary of Defense shallfirst transfer unobligated balances remain-ing from fiscal year 2001 and earlier fiscalyears before transferring any amounts ap-propriated in the Military Construction Ap-propriations Act, 2002. Amounts so trans-ferred shall be available solely for militaryconstruction projects, including activities

described in section 2802(b) of title 10, UnitedStates Code, and the Secretary of Defenseshall also comply with the notification re-quirements of section 2808(b) of such titlewhen a decision is made to undertake a mili-tary construction project using amounts ap-propriated or transferred to the Fund. Underthis transfer authority, the Secretary shallprovide an accompanying form 1391 to theappropriate committees of Congress.

SEC. 1002. Amounts made available to theDepartment of Defense from funds appro-priated in Public Law 107–38 and this Actmay be used to carry out military construc-tion projects, not otherwise authorized bylaw, that the Secretary of Defense deter-mines are necessary to respond to or protectagainst acts or threatened acts of terrorism.The Secretary shall provide prior notifica-tion of each project and an accompanyingform 1391 to the appropriate committees ofCongress.CHAPTER 11—DEPARTMENT OF TRANS-

PORTATION AND RELATED AGENCIESDEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARYSALARIES AND EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $458,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.TRANSPORTATION SECURITY ADMINISTRATION

For necessary expenses for the establish-ment and operations of the TransportationSecurity Administration, $15,000,000, to re-main available until expended: Provided,That the obligation of funds under this head-ing shall be subject to the enactment of leg-islation authorizing the establishment ofsuch Administration: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

AIRCRAFT PASSENGER AND BAGGAGESCREENING ACTIVITIES

For necessary expenses of the Secretary ofTransportation to carry out responsibilitiesfor the screening of passengers and propertyon passenger aircraft in air transportationthat originates in the United States or intra-state air transportation that, on September11, 2001, was performed by an employee oragent of an air carrier, intrastate air carrier,or foreign air carrier, $1,000,000,000, to re-main available until expended: Provided,That none of the funds under this headingmay be obligated or expended until enact-ment of legislation authorizing (1) the con-duct of such activities, whether by contract,grant, or direct Federal personnel, by an or-ganization within the Department of Trans-portation other than the Federal AviationAdministration; (2) the collection of pas-senger and baggage screening user fees de-signed to offset the cost of these activities;

CONGRESSIONAL RECORD — HOUSE H8491November 28, 2001and (3) the crediting of the fees as offsettingcollections to the account financing the ac-tivities and services for which the fee is im-posed: Provided further, That the sum hereinappropriated shall be reduced, on a dollar fordollar basis, as such offsetting collectionsare received, so as to result in a final fiscalyear 2002 appropriation of zero.

OVER-THE-ROAD BUS AND PASSENGER RAILSECURITY GRANT PROGRAM

For the Secretary of Transportation toaward grants competitively to passenger railand over-the-road bus operators to financethe costs of enhancing the security of theirfacilities and operations, $200,000,000, to re-main available until expended: Provided,That not less than $125,000,000 of suchamount shall be awarded to the NationalRailroad Passenger Corporation: Providedfurther, That the amount provided in thisparagraph is designated by the Congress asan emergency requirement pursuant to sec-tion 251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

PORT SECURITY GRANTS

For the Secretary of Transportation toaward grants competitively to critical na-tional seaports to finance the costs of en-hancing facility and operational security,$200,000,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

COAST GUARDOPERATING EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operating Expenses’’,$368,356,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

FEDERAL AVIATION ADMINISTRATIONOPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)For an additional amount to respond to

the September 11, 2001 terrorist attacks onthe United States, for ‘‘Operations’’,$291,500,000, to be derived from the Airportand Airway Trust Fund and to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-

gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Facilities and Equip-ment’’, $480,000,000, to be derived from theAirport and Airway Trust Fund and to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

AIRPORT OPERATOR SECURITY COSTS

For emergency expenses to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, for ‘‘Airport Operator Secu-rity Costs’’, $200,000,000, to remain availableuntil expended: Provided, That funds underthis heading are only available for the Ad-ministrator of the Federal Aviation Admin-istration to reimburse airport operators fordirect costs that such operators incurred tocomply with new, additional, or revised secu-rity requirements imposed by the FederalAviation Administration on or after Sep-tember 11, 2001: Provided further, That within30 days of enactment of this Act, the Admin-istrator, after consultation with airport op-erators, shall publish in the Federal Registerthe administrative procedures by which air-port operators may file claims for reimburse-ment, including written justification re-quired to support such claim: Provided fur-ther, That the amount of compensation pay-able to an airport operator may not exceedthe amount of costs that the airport oper-ator demonstrates to the satisfaction of theAdministrator, using sworn financial state-ments or other appropriate data, that theairport operator incurred as a direct resultof security activities beginning on or afterSeptember 11, 2001: Provided further, That inestablishing criteria for obligating fundsunder this heading, the Administrator shallgive special consideration to any commercialservice airport which was closed for an un-usually long period of time due to securityconcerns arising from the terrorist attacksof September 11, 2001.

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Emergency ReliefProgram’’, as authorized by section 125 oftitle 23, United States Code, $75,000,000, to bederived from the Highway Trust Fund and toremain available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

FEDERAL-AID HIGHWAYS

INTELLIGENT TRANSPORTATION SYSTEMS

(HIGHWAY TRUST FUND)For an additional amount for ‘‘Intelligent

Transportation Systems’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $20,000,000, to be derived fromthe Highway Trust Fund and to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Safety and Oper-ations’’, $6,000,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

FEDERAL TRANSIT ADMINISTRATIONFORMULA GRANTS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Formula Grants’’,$39,500,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

RESEARCH AND SPECIAL PROGRAMSADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Research and SpecialPrograms’’, $2,500,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

RELATED AGENCYNATIONAL TRANSPORTATION SAFETY

BOARDSALARIES AND EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $465,000, to remain available until

CONGRESSIONAL RECORD — HOUSEH8492 November 28, 2001expended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

CHAPTER 12—TREASURY AND GENERALGOVERNMENT

DEPARTMENT OF THE TREASURY

TREASURY INSPECTOR GENERAL FOR TAXADMINISTRATION



FINANCIAL CRIMES ENFORCEMENT NETWORK



FEDERAL LAW ENFORCEMENT TRAININGCENTER



ACQUISITION, CONSTRUCTION, IMPROVEMENTS,AND RELATED EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Acquisition, Con-struction, Improvements, and Related Ex-penses’’, $8,500,000, to remain available untilexpended: Provided, That, in order to expe-dite the acquisition of architectural and en-gineering services for the construction of fa-cilities at the Cheltenham, Maryland, train-ing facility, the Federal Law EnforcementTraining Center may procure such services

without regard to (1) the competition re-quirements of section 303 of the FederalProperty and Administrative Services Act of1949 (41 U.S.C. 253); (2) the 6 percent fee limi-tation on such services set forth in section304(b) of such Act (41 U.S.C. 254(b)); and (3)the procurement notice requirements of sec-tion 18 of the Office of Federal ProcurementPolicy Act (41 U.S.C. 416): Provided further,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

FINANCIAL MANAGEMENT SERVICE


For an additional amount for ‘‘Salariesand Expenses’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $600,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.BUREAU OF ALCOHOL, TOBACCO AND FIREARMS



UNITED STATES CUSTOMS SERVICE


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $448,026,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.OPERATION, MAINTENANCE AND PROCUREMENT,

AIR AND MARINE INTERDICTION PROGRAMS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Operation, Mainte-nance and Procurement, Air and MarineInterdiction Programs’’, $6,700,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as an

emergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Processing, Assist-ance and Management’’, $16,658,000, to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

TAX LAW ENFORCEMENT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Tax Law Enforce-ment’’, $4,544,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

INFORMATION SYSTEMS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Information Sys-tems’’, $2,443,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

BUSINESS SYSTEMS MODERNIZATION

For an additional amount for ‘‘BusinessSystems Modernization’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $13,548,000, to remain avail-able until expended, for systems backup: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

UNITED STATES SECRET SERVICE


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

CONGRESSIONAL RECORD — HOUSE H8493November 28, 2001the United States, for ‘‘Salaries and Ex-penses’’, $104,769,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For an additional amount for ‘‘Payment tothe Postal Service Fund’’, to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, $510,500,000, to remain avail-able until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress: Provided further, That, ofsuch amount, $500,000,000 shall not be avail-able for obligation until the Postal Servicesubmits to the Committees on Appropria-tions, and the Committee on GovernmentReform of the House of Representatives, acomprehensive plan to combat the threat ofdangerous biological substances in the mail.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF ADMINISTRATION


For an additional amount for ‘‘Salariesand Expenses’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates and to ensure the continuity of sup-port and services to the President and VicePresident of the United States, $50,040,000, toremain available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Federal BuildingsFund’’, $200,500,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

NATIONAL ARCHIVES AND RECORDSADMINISTRATION

OPERATING EXPENSES

For an additional amount for ‘‘OperatingExpenses’’, to respond to the September 11,2001 terrorist attacks on the United States,$4,818,000, to remain available until ex-pended, for enhanced security services: Pro-vided, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

REPAIRS AND RESTORATION

For an additional amount for ‘‘Repairs andRestoration’’, to respond to the September11, 2001 terrorist attacks on the UnitedStates, $2,180,000, to remain available untilexpended, for construction of enhanced secu-rity features: Provided, That such amount isdesignated by the Congress as an emergencyrequirement pursuant to section 251(b)(2)(A)of the Balanced Budget and Emergency Def-icit Control Act of 1985: Provided further,That such amount shall be available only tothe extent that an official budget request,that includes designation of the entireamount of the request as an emergency re-quirement as defined in the Balanced Budgetand Emergency Deficit Control Act of 1985, istransmitted by the President to the Con-gress.

CHAPTER 13—DEPARTMENTS OF VET-ERANS AFFAIRS AND HOUSING ANDURBAN DEVELOPMENT, AND INDE-PENDENT AGENCIES

DEPARTMENT OF VETERANS AFFAIRS

GENERAL OPERATING EXPENSES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘General OperatingExpenses’’, $2,000,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

DEPARTMENT OF HOUSING AND URBANDEVELOPMENT

MANAGEMENT AND ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Office of InspectorGeneral’’, $1,000,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

INDEPENDENT AGENCIESENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Science and Tech-nology’’, $10,000,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Environmental Pro-grams and Management’’, $270,700,000, to re-main available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

HAZARDOUS SUBSTANCE SUPERFUND

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, and to support activitiesrelated to countering terrorism, for ‘‘Haz-ardous Substance Superfund’’, $11,800,000, toremain available until expended: Provided,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

STATE AND TRIBAL ASSISTANCE GRANTS

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, and to support activitiesrelated to countering potential biologicaland chemical threats to populations, for‘‘State and Tribal Assistance Grants’’,$5,000,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Disaster Relief’’,$4,900,000,000, to remain available until ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) of

CONGRESSIONAL RECORD — HOUSEH8494 November 28, 2001the Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Salaries and Ex-penses’’, $30,000,000, to remain available untilexpended: Provided, That, of such amount,not less than $10,000,000 shall be for the Na-tional Security Division: Provided further,That such amount is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

EMERGENCY MANAGEMENT PLANNING ANDASSISTANCE

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Emergency Manage-ment Planning and Assistance’’, $185,000,000,to remain available until expended: Provided,That, of such amount, $35,000,000 shall be forto provide for grants to States and localitiesfor first responder training and equipment torespond to terrorism, including incidents in-volving chemical and biological weapons, ofwhich not less than $10,000,000 shall be forsupport of the 2002 Winter Olympics: Providedfurther, That, of such amount, $150,000,000shall be for programs authorized by section33 of the Federal Fire Prevention and Con-trol Act of 1974 (15 U.S.C. 2229): Provided fur-ther, That such amount is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

NATIONAL AERONAUTICS AND SPACEADMINISTRATION

HUMAN SPACE FLIGHT

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Human SpaceFlight’’, $81,000,000, to remain available untilexpended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Science, Aeronauticsand Technology’’, $36,500,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as an

emergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.


For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Office of InspectorGeneral’’, $3,000,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For an additional amount to respond tothe September 11, 2001 terrorist attacks onthe United States, for ‘‘Research and RelatedActivities’’, $300,000, to remain availableuntil expended: Provided, That such amountis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 14—GENERAL PROVISIONSSEC. 1401. No part of any appropriation

contained in this division shall remain avail-able for obligation beyond the current fiscalyear unless expressly provided so herein.

This division may be cited as the ‘‘Emer-gency Supplemental Act, 2002’’.

Mr. OBEY (during the reading). Mr.Chairman, I ask unanimous consentthat the amendment be considered asread and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromWisconsin?

There was no objection.Mr. YOUNG of Florida. Mr. Chair-


The CHAIRMAN. The point of orderis reserved.

Mr. YOUNG of Florida. Mr. Chair-man, I ask unanimous consent that de-bate on this amendment and anyamendments thereto be limited to 90minutes, to be equally divided and con-trolled by the proponent, the gen-tleman from Wisconsin (Mr. OBEY), andmyself.

The CHAIRMAN. Is there objectionto the request of the gentleman fromFlorida?

There was no objection.The CHAIRMAN. The gentleman

from Wisconsin (Mr. OBEY) will control45 minutes.

The Chair recognizes the gentlemanfrom Wisconsin (Mr. OBEY).

Mr. OBEY. Mr. Chairman, I yield my-self 12 minutes.

Mr. Chairman, what we have done atthis point in the bill, and I sense a lit-tle confusion around here, what wehave done is to conclude the core de-fense appropriation bill for the comingyear. We are now moving on to the sup-plemental title, which deals with fund-ing for many of the activities that werepromised after the events of September11.

I want to say with respect to the pro-posal that is before us that there is noreal difference between the minorityand the majority on the items that areat present in the bill, as added by thecommittee.

What the committee did, and let meback up and speak very frankly, whenthe chairman, the gentleman fromFlorida (Mr. YOUNG), and I were tryingto consider what other actions mightbe necessary to combat terrorism, inaddition to those that were funded orthat were going to be funded in theoriginal $20 billion that was left overfrom the earlier agreement, his staffand mine began to work on a commonlist of actions that ought to be takenin order to protect our homeland.

About halfway through that process,after we had expected to come to thefloor and come to the committee witha bipartisan recommendation, as we allknow, the White House decided thatthey were going to draw a line in thesand and that they were going to vetoany bill which spent one dime morethan they had requested for homelandsecurity.

So at that point, the chairman hadsome tough choices to make. I do notquarrel with any of the choices that hemade, because he was being forced tooperate within an artificial ceiling.

But in my view, when I go home tomy district and walk down Main Streetin any significant town in my districtand ask people what their prioritiesare, they put homeland security beforemany other expenditures in the budget.They put homeland security ahead oftax cuts. They put homeland securityahead of retroactively repealing thecorporate minimum tax. They feel thatthe very first thing we need to do is tomake certain that, to the greatest ex-tent possible, we protect the safety ofeach and every American.

So while I have no criticism whatso-ever of the job that the chairmen of thevarious subcommittees did in workingwithin the limits that were imposed onthem, I feel those limits are ill-advised,shortsighted, and downright dangerous.That is why this amendment is beforethe House today.

Mr. Chairman, this amendment is theamendment that we took to the Com-mittee on Rules. It has not changedone comma, and I want to go throughand describe briefly what it does, sincewe now have more time.

If we take a look at the major prob-lems facing us in the area of

CONGRESSIONAL RECORD — HOUSE H8495November 28, 2001counterterrorism, we first of all aretrying to add $322 million to upgradeState and local health departments andhospitals, so that the next time thereis an anthrax attack or a smallpox at-tack or an attack of any kind, that ourlocal and State public health authori-ties are prepared, ready, and equippedto deal with it.

Right now, the sad truth is that inmost communities in this country theyare not sufficiently prepared to meetthat kind of unexpected threat.

We also would expand funding to cre-ate additional biosafety laboratories atNIH and Fort Detrick. We only havethree level 4 biohazard labs in the en-tire country. They are heavily taxedright now just dealing with the an-thrax scare. They processed some 10times as many samples over a 1-monthperiod as they normally process in ayear. We badly need additional na-tional facilities to handle this poten-tial threat.

We wanted to provide $500 million asa downpayment on the $3 billion thatthe post office believes it is going toneed to provide systems to sanitize fu-ture mail, so that we do not have to, ona daily basis, worry the way the coun-try has had to worry the last 2 months.

Airport and airline safety. We havemandated about $500 million in safetyenforcement and upgrades at local air-ports around the country, but we areproviding very little money to helpthem. We are asking in this amend-ment that $200 million be provided forthat purpose.

We are seeking to add $250 millionmore for cockpit door security, becausethe committee made the decision toadd to the President’s request for thenumber of sky marshals, but they paidfor it by cutting the President’s re-quest on cockpit security.

I do not criticize that choice. If I hadto choose between the two, I wouldhave made precisely the same choice asmade by the majority, but I do not be-lieve that we should have to choose be-tween those two. I think that both areurgently needed, and we would providethe additional funding for that.

We want to help the FBI upgrade itscomputer capacity, because right nowthey have a large number of computersthat cannot even do pictures. When weare trying to get to the FBI agents allaround the country the pictures of thefellows we are worried about whomight be future terrorists, it would bekind of nice if the FBI computer sys-tem could accomplish that. It cannotright now, to the full extent that itneeds to. We would provide money tofix that so that their new computersystem would be online by next spring,rather than having to wait until 2004.

We provide a wide variety of otherlaw enforcement additions as well.

Then we get to the question of weap-ons of mass destruction. We are tryingto add $191 million to try to secureweapons-grade nuclear material withinthe former Soviet Union, materialwhich on 13 different occasions has fall-

en into the wrong hands and has beenrecovered. We do not know how manytimes that material has fallen into thewrong hands and has not been recov-ered. So we attempt to deal with that.

We also attempt to deal with somegrave national security threats at nu-clear weapons-producing plants aroundthe country. That is a high-priorityitem.

We try to add 790 additional Customsagents for the Canadian border, so wedo not have a sieve instead of a system-atic screening at that border.

We are trying to provide also addi-tional port security by providing an ad-ditional 640 Coast Guard positions for afully annualized basis, rather than the6 months that we now have in the bill.

We are trying to provide 800 addi-tional Customs Service agents forcargo inspections, because we only in-spect 2 percent of the cargo containersthat are found in ships that dock atAmerican ports.

Secretary Thompson indicated thatwhat worried him most of all was thefact that only 1 percent of our foodsupply, of the food supply that we im-port, is inspected. We are trying toraise that to 10 percent. I do not thinkthat is an outlandish request.

Then we are trying to take other ac-tions to provide security upgrades forour community water systems aroundthe country, and also trying to en-hance the ability of the government tofind, hire, and train people in Arabic,Farsi, Pashto, and a number of otherlanguages for which our capacity rightnow is totally inadequate.

So that is a brief description of whatthis amendment does, with one furtheraddition. It has been said by OMB, theWhite House budget office, that thisrepresents runaway spending. That isabsolute nonsense. I would like to readone sentence in the bill:

‘‘Provided further that such amountshall be available only to the extentthat an official budget request that in-cludes designation of the entireamount of the request as an emergencyrequirement as defined in the BalancedBudget and Emergency Deficit ControlAct of 1985 is transmitted by the Presi-dent to the Congress.’’

What does that mean in plainEnglish? It means that for every singleline item in this bill, even though wemake it available to the President sothat it is there if he needs it in his hol-ster, even though we make it available,he does not have to spend it unless hedesignates it as an emergency. So if inhis judgment it is not an emergency,he still can prevent that money frombeing spent.

I am not comfortable with that, butthat is a concession we made to theWhite House to try to work out a bi-partisan approach. I am flabbergastedand appalled that we would even behaving this dispute, because what Ithink should have happened is that in-stead of summarily rejecting what wewanted to do in this package beforethey saw word one of what it was we

were trying to do, what they wouldhave done had they had some grace,they would have sat down with us andsaid, ‘‘What is it that you are talkingabout that you want to do,’’ and,‘‘Where can we agree and where can wedisagree?’’

b 1515

Instead, they simply decided sightunseen: ‘‘No more, cannot afford it.’’Well, it seems to me that that is a hor-rendous mistake. And I think publicopinion by a wide margin would wantus to provide these added protectionsthat we seek to provide in this amend-ment.


The CHAIRMAN. It is the under-standing of the Chair that the gen-tleman from Florida (Mr. YOUNG)would like to continue his reservationof a point of order through the periodof controlled debate.

The gentleman from Florida (Mr.YOUNG) controls 45 minutes.

Mr. YOUNG of Florida. Mr. Chair-man, I do continue to reserve the pointof order on the amendment.

Mr. Chairman, I yield myself suchtime as I might consume.

Mr. Chairman, what we are dealingwith now is the second tier of the de-fense appropriations bill. We have com-pleted consideration of the basic bill.We are now dealing with the $20 billionsupplemental that is attached to thedefense appropriations bill.

I want to give just a real quick re-view of where we are and why we arehere. Right after the terrorist attackson September 11, we realized that therewas going to be some funding neededimmediately to respond to the attacks.

The gentleman from Wisconsin (Mr.OBEY) and I sat down together, and webegan to work on what we thoughtwould be an appropriate response bythe Congress in the form of a supple-mental appropriations bill. And weagreed to a $20 billion supplemental ap-propriations bill, and we had workedout most of the details. We were, infact, sitting with our counterparts inthe Senate, Senator BYRD and SenatorSTEVENS, when the news flash camethat the President had agreed to addan additional $20 billion to help recov-ery in New York City. We were verysupportive of that.

We understand that, after the ter-rible terrorist attacks on the WorldTrade Center in New York, we are allNew Yorkers and we all have an obliga-tion to respond as quickly as we can.So we produced that $40 billion supple-mental appropriations bill. The Presi-dent was able to direct the first $10 bil-lion of that supplemental anywhere hewished, to respond to the attacks andto begin the effort to prevent themfrom happening again.

For the second $10 billion, the Presi-dent had flexibility in how to use that$10 billion; but we required that he con-sult with the Committee on Appropria-tions of the House and the Senate 15

CONGRESSIONAL RECORD — HOUSEH8496 November 28, 2001days prior to allocating those funds. Sothe first $20 billion is spoken for.

We made the second $20 billion of the$40 billion in that law subject to theappropriations process. And so, Mr.Chairman, that is why we are heretoday. We are presenting the appro-priations recommendations for that $20billion figure.

Now, the $20 billion figure includespretty much what President Bush hadasked for. We had worked with him. Weworked with our subcommittees, andwe made some changes in the $20 bil-lion package; and the President did notobject to those changes. So we thinkwe have a good package here. However,there are many who believe, and Mr.Chairman, I am one of them, that be-fore this is over, as the President hassaid repeatedly, this is going to be along, drawn-out affair to seek out theterrorists, to destroy al Qaeda’s abilityto launch terrorist attacks against theUnited States or our interests wher-ever they might be.

The military operation is going verysuccessfully. I commend GeneralFranks and all of those officers andmen who have worked under him inthis combat situation. They have donea really good job. It has been very me-thodical, and it has been very precise.They have done a really good job. Theoperation is moving along very well.We are not sure how much longer itmight take. We are using a lot of muni-tions. We are spending a lot of moneyon that military operation.

But in addition to that, Mr. Chair-man, the gentleman from Wisconsin(Mr. OBEY) and I have visited at theFBI, at their Intelligence and Oper-ations Center; and we recognize, as thePresident has said, this is not an issueisolated to Afghanistan. We have lo-cated, and when I say ‘‘we,’’ I am talk-ing about the American Government,the FBI, the CIA, all of our law en-forcement agencies, some of which wewill not mention here, that have donea really good job in identifying ter-rorist cells scattered all over theworld. It is going to be a long, drawn-out process to eliminate the ability ofterrorists to attack America again.

It is essential that we do not haveany more World Trade Center-type at-tacks; that we do not have any moreattacks on military installations likeour Defense Department at the Pen-tagon just across the river here fromthe Capitol. So it is important that wedisrupt totally the ability of any ter-rorist organizations to conduct ter-rorist activities against the UnitedStates.

We want our people to go back tobeing able to live without fear. Ameri-cans should not live in fear. And wehave to do everything possible to guar-antee that Americans do not live infear. We do not want our buildings orour properties attacked by terrorists.So, again, we have to disrupt theirability to do that.

Now, I bring up this little bit of his-tory because I do not know, and I do

not think anybody can tell us today,what the final cost of that overall ef-fort is going to be. As I said earlier, Itend to be one of those who believe itis going to be more than the $20 billionthat we have already appropriated asan emergency supplemental. The Presi-dent, I think, agrees with that; and Ithink he understands that there will bemore needed for the military.

We are using up munitions at a largerate and in some cases getting dan-gerously low. We are using a lot of fuel.We are putting a lot of wear and tearon our aircraft and our ships and all ofour military equipment. So the mili-tary, the Defense Department, willneed additional funding in order to notonly maintain this military operationbut to recover from it so that we do notlet our forces and our guard down.

In addition, the FBI has seriousneeds. The Border Patrol has seriousneeds. We have to protect our borders.We have to make sure that we stop theterrorists from coming into our coun-try.

Our public health systems all needsupport, whether it is for protectionagainst anthrax, small pox, or what-ever might be used as a terrorist weap-on. We must be prepared, first of all, toprevent it, but, second, to deal with itif it should happen.

Again, I say I do not know what thecost is going to be ultimately, and I donot think anyone else does today, in-cluding the President of the UnitedStates. I think he has done an extraor-dinary job in seeking out the terroristsand bringing punishment upon thosewho created this terrorist attack onthe United States on September 11, andin pursuing al Qaeda and their fellowterrorists around the world. The Presi-dent has said today, let us stay withthe $40 billion total.

That is a lot of money; there is nodoubt about that. There is a lot ofmoney in the pipeline already for the$40 billion, and the President has saidthat when we reach the point that weneed additional funding, that he, thePresident, will immediately ask for asupplemental appropriations bill fromthe Congress.

The Speaker of the House, in manymeetings and many consultations, hastold me that he supports the Presi-dent’s position and that he will, infact, allow us to move a supplementalappropriations bill quickly when thetime comes, if that need is identified.

I have made this commitment, and Iwill make it again here today, thatonce the supplemental request is iden-tified, I will move, as chairman of theCommittee on Appropriations, thatsupplemental request in conjunctionwith my friend, the gentleman fromWisconsin (Mr. OBEY). We will movethat supplemental appropriations billquickly through this House, and ourcolleagues in the Senate have agreedthat they would do the same.

So what I am suggesting today isthat we cannot support today anyamendment that goes above the $20 bil-

lion. But we will move immediately fora supplemental with the President’ssupport and the Speaker’s supportwhen the time comes that we do iden-tify a need that must be taken care of.


Mr. OBEY. Mr. Chairman, I yield my-self 2 minutes and simply make twopoints in response to the gentleman’scomment.

The issue is, should we provide thismoney now or should we wait until theadministration decides at a later datethat it might be necessary? I thinkstrengthening inspections on the Cana-dian border is something that shouldhappen now, not later. I think thatport security personnel should occurnow. I think that upgrading computersat the FBI ought to occur now, not 6 or8 months from now. I think that pro-viding additional security for a numberof classified facilities around the coun-try that have severe security lapsesought to be corrected now, not later.

The problem with the supplementalis that we have no guarantee that itwill not take months to get through.We can try to push it through thisHouse very quickly. That is no guar-antee it will go quickly in the otherbody.

Secondly, if you do it on a supple-mental, it will cost more. I have neverin my life seen a supplemental passthrough the Senate where we were ableto get a Senator to vote for it by tak-ing something out. Almost always theywant to add something; and in the end,especially in an election year, the costsrise.

So it seems to me the most fiscallydisciplined way to proceed is the waywe have outlined in this amendment.

Mr. Chairman, I yield 3 minutes tothe gentleman from Ohio (Mr. BROWN).

Mr. BROWN of Ohio. Mr. Chairman, Ithank the gentleman from Wisconsin(Mr. OBEY) for yielding me the time.

I rise in support of the Obey amend-ment. Here is the issue. Partially pre-paring for a bioterrorist attack isabout the same as not preparing at all.Bioterrorism preparedness is not pre-paredness without adequate funding.

The majority and the administrationhave fallen far short of achieving thisgoal. For example, the demands on theCenters for Disease Control and itspartners, State and local public healthdepartments, have never been greater.This week, CDC released a plan to re-spond to a smallpox attack relyingheavily, heavily on local and Statehealth departments; but public healthfacilities, more often than not, do nothave the capacity today to implementthat plan.

Current funding levels cannot guar-antee or even partially guarantee pre-paredness for health departments. Wecan stockpile vaccines and antibiotics;but without people on the ground toquickly identify and quickly respond tothreats, we simply are not prepared.

I want to remind my colleagues thatstockpiling and distributing anti-biotics will only be a useful strategy

CONGRESSIONAL RECORD — HOUSE H8497November 28, 2001against bioterrorism if the underlyingstrengths of these antibiotics is en-sured and maintained.

Monitoring antibiotic resistancemust be part of our national strategy.During the last couple of months, thou-sands of Americans have been pre-scribed the antibiotic Cipro because ofa legitimate risk of exposure to an-thrax. Physicians tell us this use ofantibiotics is appropriate, but thou-sands of other Americans have soughtprescriptions for Cipro without any in-dication of need or risk of infection.

If the U.S. and the rest of the worldbegin using antibiotics like Cipro,without any indication of need or evena risk of infections, if that happens,these drugs will lose their effective-ness. When facing lethal diseases likeanthrax, it is important to find an ef-fective therapy quickly. Any delay canresult in the deaths, literally, of thou-sands of individuals.

To adequately prepare for a bioter-rorist attack, State and local healthdepartments must be equipped to rap-idly identify and respond to antibiotic-resistant strains of anthrax. We mustisolate emerging antibiotic-resistantpathogens, track antibiotic overuseand misuse, monitor the effectivenessof existing treatments over time; andthat takes money, the money the ad-ministration and the majority have re-fused to allocate.

As the gentleman from Wisconsin(Mr. OBEY) said, ensuring the safety ofimported foods was important beforeSeptember 11, but more important now.Americans would be astounded to knowthat the FDA is able to inspect onlyseven-tenths of 1 percent of all the foodthat comes into this country. That isone out of 140 crates of broccoli; oneout of 140 crates of fruit; one out of 140boxes of any imported food.

The FDA says to Congress it wants toensure the safety of the food, but themoney is not there without the Obeyamendment. The events of September11 require us to do more. SecretaryThompson a month ago said, ‘‘Am Isatisfied with the inspection we aredoing? No, I am more fearful about thisthan anything else,’’ he says. He wantsto get to a level of 10 percent inspec-tion on imports, which would cost $300million.

The gentleman from Wisconsin (Mr.OBEY’s) amendment allocates that $300million. Vote for the Obey amendment.

b 1530

Mr. YOUNG of Florida. Mr. Chair-man, I yield such time as he may con-sume to the gentleman from Illinois(Mr. KIRK).

(Mr. KIRK asked and was given per-mission to revise and extend his re-marks.)

Mr. KIRK. Mr. Chairman, I rise tospeak to issues regarding the GreatLakes dental facility activity and theneed for the high-speed anti-radiationmissile.

Mr. Chairman, the Great Lakes facility, inmy district, is home to the military dental re-

search program, a joint venture of the Navyand Army. In fiscal year 2001, the Congressprovided $4 million for this program. The re-search done at this laboratory is unique andnot duplicated by any other federal or civilianresearch program. It focuses on keeping ournation’s troops orally healthy and prepared foractive duty at all times.

Because of funding provided by Congressand your Committee, the dental researchershave been able to develop: a combat faceshield to prevent head and neck casualties;dental materials which can be used in harshmilitary environments; and an anti-plaqueagent to prevent dental diseases during mili-tary deployments.

Recent figures from Bosnia showed thatthere was a dental emergency rate of 15.6percent for deployed personnel. A dentalemergency is when active duty personnel areout of action due to an oral condition. Evacu-ating soldiers because of severe oral condi-tions can be very expensive . . . costing thou-sands of dollars. Therefore, the researchers’goal is to keep the troops in good oral healthand to perform treatment on site. Researchunderway today is also focusing on trying toprevent such emergencies from happening.They hope to more accurately identify patientsat high risk and prevent dental emergenciesbefore they undermine troop readiness.

It is my understanding, that with sufficientfunding the saliva test for anthrax could besuccessfully developed and delivered within 6months. However, the administration re-quested no funding for this program, and theCommittee was unable to provide funding forthis program in its fiscal year 2002 rec-ommendations. Without Congressional fund-ing, this research will be discontinued. There-fore, I hope that when we go to conference onthis bill, that we will be able to find sufficientfunding to continue this program and its valu-able research.

I want to applaud the Committee on Appro-priations for an important recommendationwhich will lead to a significant upgrade in ourmilitary’s ability to destroy enemy air defenses.The Committee has included $33.6 million forthe Advanced Anti-Radiation Guided Missileprogram in order to continue the upgrade ofthe HARM missile guidance system.

As my colleagues know and all Americanshave come to appreciate over the last decade,suppressing air defenses is often the first taskof our combined air forces when the U.S. un-dertakes a military action. This was true inDesert Storm, true in Kosovo, and has beenproven true again in the skies over Afghani-stan.

Suppression of these defenses starts witheliminating the surface-to-air missile threat.Our principal weapon to accomplish this crit-ical task is the HARM missile. Yet HARMtechnology is two decades old. To guide themissile to a target radar, that radar must con-tinue operating throughout the flight of theHARM missile. The guidance system cannotadjust adequately if the radar is turned off.Our adversaries have had many years to learnof such deficiencies, and without questionhave learned to capitalize on them by limitingthe duration of a radar beam and relying onalternate tracking capabilities.

In the Kosovo air campaign, approximately1000 HARM weapons were fired, resulting inthe destruction of only a handful of targets.The cost per kill was unacceptably high—over$80 million per target.

Fortunately, the Navy is currently developinga new seeker, the AARGM, which will replacethe existing HARM guidance system. The pro-gram has achieved success thus far in threetests at the Navy’s China Lake test center inCalifornia. On August 29, after the third test,the Navy announced that the test missile ‘‘suc-cessfully identified, tracked, and guided to thesimulated air defense radar target and im-pacted within the lethal radius of the HARMwarhead. All test objectives were achieved.With this success, the evolution of the HARMweapon system from a SEAD, Suppression ofEnemy Air Defenses, to a DEAD, Destructionof Enemy Air Defenses, weapon continues ona successful path.’’

Mr Chairman, as a Naval Reserve Officerleading a team of intelligence personnel inEA–6B Prowler electronic attack aircraft overnorthern Iraq and Yugoslavia, I have wit-nessed first hand the shortcomings of our ex-isting capability to suppress enemy air de-fense. I judge the effort to upgrade this capa-bility to be vital to our national security.

Frankly, upgrading the HARM seeker shouldonly be the first step. We also need to moveforward rapidly to replace the HARM system inits entirety. But AARGM is an excellent interimmeasure, and I urge the Committee to supportthis item in conference to provide greater pro-tection for our air assets and personnel.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 3 minutes to the distin-guished gentleman from Virginia (Mr.WOLF), chairman of the Subcommitteeon Commerce, Justice, State and Judi-ciary of the Committee on Appropria-tions.

(Mr. WOLF asked and was given per-mission to revise and extend his re-marks.)

Mr. WOLF. Mr. Chairman, I rise inopposition to the gentleman’s amend-ment. We want to thank the gentlemanfor his commitment and strong supportfor these programs, but the body oughtto know we have adequately fundedthese agencies.

After 9–11, we asked every agencythat came before our subcommittee tocome in and tell us what the needs arebased on what took place with regardto 9–11. The INS has been increased by$1.1 billion over last year. In the reg-ular bill we have funded 570 additionalBorder Patrol agents and 348 additionalland border inspectors. The INS, in theregular bill, was funded for a total of$5.6 billion and, in addition to the reg-ular bill, we are providing $409 millionfor INS through the supplemental.That is an increase over last year over$1.1 billion.

With regard to the FBI, the FBI wasfunded for a total of $3.5 billion in theregular bill, and in addition we are pro-viding $540 million for the FBI in theemergency supplemental. That is an in-crease this year over last year to theFBI of $800 million. So the needs havebeen met.

The subcommittee and the staff satdown with FBI, DEA, all of these agen-cies, and the budgets were dramati-cally changed based on what took placeon September 11. And then, in additionto that, the supplemental adds on andreflects what took place. So because of

CONGRESSIONAL RECORD — HOUSEH8498 November 28, 2001that, I do not support the amendmentand urge its defeat.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the distinguished gen-tleman from New York (Mr. SERRANO).

Mr. SERRANO. Mr. Chairman, I ampleased to rise today in support of theObey amendment to Division B of thisbill.

As we all know, the needs that wereso horribly exposed on September 11will not be met with the $20 billioncontained in this bill. We in Congresswill be providing additional resourcesfor the critical national needs of recov-ery, defense, and homeland security fora long time to come. I believe theamendment by the gentleman fromWisconsin gets us a little ahead of thecurve by providing contingent emer-gency appropriations.

We make sure the President has re-sources he needs when he needs them.But the funds cannot be spent unlessthe President formally designatesthem emergencies, assuring that thisamendment will not trigger uncon-trolled spending.

In particular, I want to discuss theparts of the amendment that are in thejurisdiction of the Subcommittee onCommerce, Justice, State and Judici-ary, of which I am the ranking Demo-crat. Now, I am pleased that the chair-man of the subcommittee, who justspoke, and I were able to do much bet-ter for the agencies than in past years.But even Chairman WOLF would haveto admit that those agencies havecome back to us and said that theyneed further assistance, and that iswhat the Obey amendment intends todo.

Now, Chairman YOUNG also did awonderful job in trying to meet theneeds in this bill. The chairman’s pack-age includes $400 million forcounterterrorism grants to States andlocal first responders, and he also putsin money to create Radio Free Afghan-istan. The supplemental, however, doesnot speak to the issues that the gen-tleman from Wisconsin (Mr. OBEY)speaks to. And what I would like to dois simply remind my colleagues theObey amendment contains an addi-tional $569 million for the FBI, so thatthey can continue their investigation;$128 million for construction needs forthe INS; and $150 million, of up to $400million already in the bill, for the Jus-tice, State and local counterterrorismfirst responder grants.

In other words, what we are trying todo here today is, first, pay respect tothe fact that Chairman YOUNG and theappropriators have come together andput together a bill that deals with a lotof these issues, but in doing so left outa lot that needs to be done. This is avery crucial time we are dealing with,this is a very difficult time, and theObey amendment should be supported.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 3 minutes to the distin-guished gentleman from California(Mr. LEWIS), chairman of the Sub-committee on Defense of the Com-mittee on Appropriations.

Mr. LEWIS of California. Mr. Chair-man, I thank the gentleman for yield-ing me this time, and I will not use allthe time, but I rise to express to thebody my deep appreciation for thework of my chairman, the gentlemanfrom Florida (Mr. YOUNG), and theranking member, the gentleman fromWisconsin (Mr. OBEY), in this entirematter.

As many of my colleagues know, ourSubcommittee on Defense had come to-gether to mark up the base bill of $317billion on the very morning of Sep-tember 11, only to adjourn our meetingfor obvious reasons. All of us recog-nized that America was faced with anew challenge like we had never facedin our own lifetimes. And indeed, sincethat time, the chairman and the rank-ing member, those people who are in-volved in defense appropriations, haveworked hand in hand to try to makesure that we laid the foundation to becertain there was enough fundingavailable to see us through these verydifficult months ahead.

As the chairman has suggested, andthe ranking member knows as well,this could be a very, very long strug-gle. The challenge is real, and all of usare committed to winning this waragainst terrorism. If it should go for-ward well beyond the few monthsahead of us, there will absolutely be aneed for additional funding. I intend togive all of my personal effort to mak-ing certain that adequate funding isavailable. If we need to come back inJanuary, we will come back in Janu-ary. If we need to come back in Marchwith a supplemental, we will comeback in March.

But, indeed, at this point in time, Ihave to support the position of mychairman that we should not go beyondthe $40 billion because of all the rea-sons that have been outlined here.

First, we need to get a handle onwhat we can best estimate the costsare, and then one step at a time. Thepublic, as well as the Congress, can beassured we are not going to fail be-cause of lack of appropriations to fightthis war.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the distinguished gentle-woman from the District of Columbia(Ms. NORTON), who does not have a votein this House but who should have.

Ms. NORTON. I thank the gentlemanfor yielding me this time and for hisgenerous words, and I rise in strongsupport of the Obey amendment in itsentirety.

Do my colleagues know what had tobe done to get in the Obey amendment?There had to be a showing that thesefunds, to be spent in 2002, would bespent under a strict definition of emer-gency preparedness.

September 11 woke Congress up towho its own first responder is. It is theemergency personnel of the District ofColumbia. Sure, they are respondersfor 600,000 residents who live here, butthey are also responders for hundredsof thousands of Federal employees, for

the Congress, for the Supreme Court,for the entire Federal presence. Thereare two cities here joined at the hip,and both are dependent on police, fireand emergency help from the Districtof Columbia, for which those personnelare dangerously underprepared.

There is virtually no equipmentequal to responding to September 11 orbioterror attacks. To make mattersworse, the District is just coming outof the worst financial crisis in its his-tory, where much of its first responderequipment for the hometown was takendown.

Because so much was at stake, thegentleman from Wisconsin (Mr. OBEY)placed equipment and training for firstresponder to terrorist attacks here forthe District of Columbia.

It is folly to delay this funding, mycolleagues. Look at the kinds of thingsthat are being funded. Personal protec-tive equipment and chemical and bio-logical detection equipment for D.C.’spolice and fire personnel. Why? Be-cause we cannot expect personnel to gointo terror and bioterror sites unpro-tected. Would we not be reluctant?Antidote kits for nerve agents. Firstresponse land line communications.

Those who say come back next timeought to understand that this is thekind of equipment that we are talkingabout, equipment that would be neededtomorrow, Health Department onsiteresponse for this place and for the en-tire District of Columbia.

The bill going through here for emer-gency preparedness has already in-cluded the District of Columbia. It istime we put the District of Columbia inour appropriations so that we can fightwhatever is necessary.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 6 minutes to the distin-guished gentleman from Ohio (Mr.REGULA), chairman of the Sub-committee on Labor, Health andHuman Services.

(Mr. REGULA asked and was givenpermission to revise and extend his re-marks.)

Mr. REGULA. Mr. Chairman, I wantto point out some things. First of all,the gentleman from Wisconsin (Mr.OBEY) has been extremely supportive ofall these activities. He is the rankingmember on our Subcommittee onLabor, Health and Human Services andwe have responsibility for fundingHealth and Human Services. What Iwant to address is that portion of thebill.

And I might say that the gentlemanfrom Wisconsin and myself haveworked very closely in our bill thatpassed some weeks ago in funding theseitems, but it was prior to September 11.I want to point out that what is pro-posed today are very substantial in-creases.

On one instance we are talking about$509 million. This is money already inthe bill, without any addition: $509 mil-lion for 300 million doses of smallpoxvaccine; $594 million to acquire medi-cines, supplies and equipment for the

CONGRESSIONAL RECORD — HOUSE H8499November 28, 2001national pharmaceutical stockpile.That is enough to treat 10 to 12 millionpersons exposed to anthrax and otherbacterial infections, and to increasethe push-packs.

A push-pack is a sort of a package,maybe the size of a big semitrailer thatyou could haul furniture in, and in thatpush-pack is everything needed to dealwith a whole variety of bioterroristtypes of diseases. The push-packs arestrategically located around the coun-try so that if there is a crisis at anyone locality, they immediately havethe supplies, whether it is anthrax vac-cine, smallpox, serin, or whatever itmight be. We have the money to buythese, to put them in place.

It provides for State and local plan-ning and training for distribution be-cause a key element here is the localhealth departments. If there is a crisis,it cannot all be managed from Wash-ington. It depends on the State healthdepartments, it depends on the localhealth departments.

We had a meningitis scare in my dis-trict some months ago, and on thescene was the local health department,the local officials, the State health de-partment and the Centers for DiseaseControl. It was a team effort. And whatwe are already providing in this bill isthe materials to do the team effort inthe event of a crisis in any given local-ity.

There is $423 million to upgradeState and local capacity. This is a veryimportant feature of the bill that is be-fore us, to ensure that these State andlocal officials are trained, that theyhave the materials to deal with a cri-sis, whatever it might be. So that isanother great strength, and that $423million will do a lot of training andprovide a lot of materials.

State and local health departmentswill have $500 million for capacity up-grades. Again, I cannot emphasizeenough that to be ready for a crisis,whatever it might be, there needs to belocal and State input as part of anoverall plan. One of the reasons we aresaying at this moment let us not spendmore money in addition to what I havejust been describing until we have aplan, until our Secretary Thompsonputs in place a long-term plan detail-ing what is needed, how money wouldbe spent. I do not think just shovelingmoney at a problem is any solution. Ifwe have a good plan, we can use thefunds available far more wisely.

It also provides $133 million for pub-lic health infrastructure, $100 millionfor State and local preparedness plan-ning, $90 million for early detectionsurveillance. I am talking about whatis in the bill now, not the extra moneythat is proposed. The bill has $95 mil-lion for upgrading capacity at the Cen-ter for Disease Control, and there are awhole series of components in that: se-curity at the CDC internal laboratorycapacity; $20 million for epidemic in-telligence service; $15 million to evalu-ate the effectiveness of masks and res-pirators; $10 million for rapid toxicscreening.

It also provides $170 million to hos-pitals. It is important that we get localhospital personnel educated andequipped, because if there is a crisis,there is where we have to address it,there is where people need to be caredfor, and we recognize that. We put in$170 million for emergency services andallowing the hospitals to upgrade theirtraining and their facilities. It also hasmoney to ensure the Nation’s healthfacilities have equipment and trainingto respond to a mass casualty incident.

For example, we are going to havethe Olympics in Utah. They needmoney to be prepared out there wherewe will have a great number of peoplein a locality. Another example is theSuper Bowl and all sorts of similargroup events. We have money to helplocal people be ready, to be prepared,hospitals and doctors; to have the fa-cilities. The push-packs will providethe materials, but we need trained peo-ple, and that is what we do in this bill.

We have $10 million for children’spost-traumatic stress disorder.

b 1545

This is something that has been withus, but very much emphasized by theevents of September 11.

There is $50 million to accelerate theresearch and development of new safevaccines 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 lookand have a plan, and then we will comeback with a supplemental and probablywe will be very supportive of that, pro-vided the proposed expenditures fit aplan, and the money will be used wise-ly. We do not know what is down theroad. Therefore, we need to have thecapacity to address whatever problemcomes up and have the funds availableto met a future crises.

It certainly indicates that, as of thepassage of the bill, we have provided anenormous amount of resources in thebill before us to develop a whole host ofpossibilities for responses terrorism.

Mr. OBEY. Mr. Chairman, I yield 3minutes to the gentlewoman fromTexas (Ms. JACKSON-LEE).

Ms. JACKSON-LEE of Texas. Mr.Chairman, let me first of all acknowl-edge the very strong working relation-ship between the gentleman from Flor-ida (Mr. YOUNG) and the gentlemanfrom Wisconsin (Mr. OBEY). I come tothe floor recognizing their good work-ing relationship, but I enthusiasticallyrise to support the Obey amendmentbecause it is important to note thatfighting terrorism is costly, and it re-quires a proactive posture.

Terrorism and the fight of terrorismis ongoing. Even as I left my hometownof Houston just 48 hours ago, the FBImade an announcement that our refin-eries were a potential target. Ter-rorism is everywhere; and although weare not kneeling and yielding, althoughwe are prepared to fight, it is ex-tremely important that we go forwardnow and not wait.

In particular, I rise on several pointsof the Obey amendment as it relates todomestic security, homeland security.Anytime we are attacked in a bio-ter-roristic war, Members can be assuredthat our local health centers and hos-pitals will have the greatest impact. Inthe committee bill there is only $593million; in our proposal, $915 million. Ifwe had in any of our areas, rural,urban, suburban, some sort of bio-ter-rorist attack, the individuals wouldonly have to go to these hospital cen-ters in large mass to get vaccinations.These entities cannot stand up underthe brunt of that kind of impact. Andthe resources are definitely needed.

We talked about the tragedy in thepostal service, the loss of lives of post-al workers. The U.S. Postmaster Gen-eral has asked the question, can wesanitize all of the mail? In order to dothat, we need the resources. This par-ticular domestic security bill provides$500 million where there is no fundingin the existing legislation.

As the ranking member of the Sub-committee on Immigration and Claims,let me suggest that we need more dol-lars. The extent of our borders and thelack of supervision, not because of thelack of commitment of our employees,but because we do need more resources,this particular legislation provides ad-ditional Customs agents and other re-sources for the Canadian border. It pro-vides the additional opportunity to re-view the biometric card at the south-ern border.

Mr. Chairman, one of the reasonsthere is such a backlog to move trafficand secure the borders, we have the bi-ometric card, but the INS does nothave the resources to read it. That is anew design card to help secure our bor-ders.

It is interesting that the gentlemanfrom Wisconsin (Mr. OBEY) noted inyears past or before September 11, theoceans protected us. They do not now.This particular legislation also has re-sources for our Coast Guard becausenow we need them to secure us. InHouston we have one of the majorports of the Nation.

I believe we must recognize that ter-rorism is ongoing, that we are nolonger protected by the oceans. Al-though we stand boldly and tall tofight terrorism in a fair-minded way,we need the resources and must beproactive now. I beg my colleagues tosupport the Obey amendment and over-rule the point of order.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 31⁄2 minutes to the gen-tleman from Oklahoma (Mr. ISTOOK),the chairman of the Subcommittee onTreasury, Postal Service and GeneralGovernment.

Mr. ISTOOK. Mr. Chairman, we areoften impatient people in the UnitedStates; but as the President has re-minded us, we must be patient. Thiswill be a long-term effort against ter-rorism and protecting our homeland.While we are doing these things, wehave to make a lot of changes to pre-pare to be able to do it right.

CONGRESSIONAL RECORD — HOUSEH8500 November 28, 2001This week the Marines have landed in

Afghanistan. Some people say whywere they not there already? Well, thetime was not right. We have to proceedin an orderly way to accomplish themaximum results. That is what we aretrying to do. I appreciate that the au-thor of this amendment has not ques-tioned the priorities of the bill beforeus. He has just said he wants to domore, and he wants to do it now.

Many of us say, however, we need tolook at what we have done in this billand understand that we are doingthings in an orderly fashion and we areputting the money where the prioritiesare greatest. And we have, as Congress,asserted some of our priorities that dif-fer a little bit from the administration.That is part of developing consensus.But we cannot do everything yet; weare not ready. We are not able to do ev-erything yet. We must be patient.Books come in chapters. Plans come inphases. In a major constructionproject, public works or otherwise, it isnecessary to design the plans, startdigging and preparing the site, lay in afoundation, start with the walls, moveon to the ceiling, the interior, the land-scaping, and do the utilities along theway. What happens with the funding?It comes in the form of progress pay-ments.

Mr. Chairman, as we are ready andwilling to do certain things, the fund-ing is there. As we are ready and ableto do things in protecting our home-land, the funding is there; it is beingprovided by this Congress.

I want to address some of the thingsthat we have done. For example, somepeople have mentioned border security.Even before September 11, in our sub-committee we had already provided anadditional 285 positions for the Cus-toms Service to inspect the cargo aswell as the people coming into theUnited States of America, as well asenhanced spending on inspection tech-nology.

In this measure on top of that, we arefunding an additional 277 CustomsService positions at the northern bor-der and 460 at seaports. Why? Becausewe know we have to have more home-land security, and we have to staff theentry points better than we have beendoing, and we are doing so.

The postal service has already re-ceived $170 million out of funds allo-cated by this Congress to help themfind ways to make the mail more se-cure. They are using that funding al-ready for their pilot projects of testingthis irradiation technology to removeany contamination that might bepresent on or in the mail. We have beenpursuing these things, but we are notready to go further. The postal servicewill not be ready for some time toknow if this technology will do what itpromises to be able to do, and will do itwithout side effects and without unin-tended consequences.

We are not ready to go further; butwe are putting more money into train-ing and preparation. We are putting

the money that we need for homelandsecurity already in the base bill. Let usnot be impatient and try to skip for-ward to the end when we do not knoweverything that is going to happen andeverything that is going to be needed.We have a very responsible piece of leg-islation in front of us; and I oppose thisamendment although I appreciate theintent with which it is offered to pro-tect our homeland.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the gentleman from Wash-ington (Mr. BAIRD).

Mr. BAIRD. Mr. Chairman, I thankthe gentleman and I rise in strong sup-port of his amendment. In the after-math of September 11, our whole Na-tion has learned to be more watchful.The Federal Government has increasedits efforts as well, and the gentlemanfrom Wisconsin (Mr. OBEY) has devel-oped an amendment which would plugmany remaining holes in our securitysystem, and I believe we should pass it.

I would like to address one particularpart of that amendment which wouldhave been especially important becauseit deals with one of the most basic ele-ments of our daily lives, the safety ofour water systems.

Our drinking and waste water sys-tems are now extremely vulnerable toterrorist attack. Early this month inthe Committee on Science, I helped puttogether a bill which passed that com-mittee unanimously and would author-ize $60 million for research and devel-opment of methods to monitor and pro-tect our facilities and our water.

The amendment of the gentlemanfrom Wisconsin (Mr. OBEY) would havetaken this idea one step further by pro-viding $190 million for vulnerabilityand security assessments, and, impor-tantly, for the implementation of pro-tections. The amendment of the gen-tleman from Wisconsin (Mr. OBEY)would have provided $156 million morethan the administration request, and$80 million more than the majoritypackage which did not call for wastewater facilities to be protected at all.This amendment would have providedthe means necessary to keep the sys-tem which all Americans depend onsafe from attack. Without it, I believewe leave gaping holes in our securitynetwork. I support the ideals of thegentleman’s amendment.

Mr. Chairman, we all realize howmuch more should have been done tobolster airport security prior to Sep-tember 11. We are now given a chanceto protect our water supply and otherinfrastructure before they are subjectto attack. I believe the gentleman’samendment does that and I rise instrong support.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 4 minutes to the gen-tleman from California (Mr.CUNNINGHAM), a member of the Com-mittee on Appropriations Sub-committee on Defense, and a Memberwho knows something from personalexperience about taking the war to theenemy as a Naval fighter pilot and thefirst American ace in Vietnam.

Mr. CUNNINGHAM. Mr. Chairman,the Subcommittee on Defense and thePermanent Select Committee on Intel-ligence is the absolute best committee,I think, to serve on in this House.When we go to our meetings, we do notknow the difference between Repub-lican or Democrat when it comes to de-fense 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 Mis-souri (Mr. SKELTON), all work for thesecurity of this Nation.

One reason it is difficult to opposethe Obey amendment is that the gen-tleman from Wisconsin (Mr. OBEY) inmany cases is 100 percent on target.How many Members took time duringthe break to visit sites that were vul-nerable? The gentleman from Wis-consin went to those sites and sawthose vulnerabilities. He talked to theorganizations regarding where theywere deficient, and they are; and Iagree with that. Members of the com-mittee also agree with the gentlemanfrom Wisconsin (Mr. OBEY). Most Mem-bers did not. I did not; I was in the hos-pital. But many people did not taketime away from their families like thegentleman from Wisconsin (Mr. OBEY)did, but he was concerned about na-tional security.

Mr. Chairman, I would say alongwith the amendment of the gentlemanfrom Wisconsin (Mr. OBEY), not exag-gerating, there are a million vulner-able areas, over a million. That is whyterrorism is so tough to handle. Thereis no way that we can prepare and dothe studies and things that we need tofight against those threats. The gen-tleman from Wisconsin (Mr. OBEY) hasdone a good job at identifying some ofthose threats, and I believe with all myheart that the President is going tocome up and help fund some of these;but we are still not going to haveenough.

I would say to the Members thatmany of us warned that there wouldcome a day when we would have de-fense needs and we would not have theresources to meet those needs. Mr.Chairman, 126 deployments under theprevious administration has put de-fense $250 billion in the hole.

b 1600

We have not been able to modernize.The intelligence agencies in which thisamendment asks for, the FBI, the CIA,the NSA, they had to deploy everytime that the military did and stretchtheir limits. Retention is only 25 per-cent in each of those services. Theyhave not been able to modernize.

We do not have enough JDAMs,which is a guided bomb, to completeour mission in Afghanistan. We areshort those weapons systems. The Su-27, an older airplane that Russia is ex-porting to many nations, our pilots diein our F–14s, F–16s, F–18s, 95 percent ofthe time, both in the intercept and in

CONGRESSIONAL RECORD — HOUSE H8501November 28, 2001the dogfight, because we do not havethe money to modernize those servicesand that equipment. The intelligenceagency is the same way.

We feel a little bit like Billy Mitch-ell, warning that there would come aday when we needed funding. And didwe ever figure that we would be fight-ing a war on our own turf and then try-ing to fund the military and this at thesame time? I know my colleagueswould agree, there is only so muchmoney. Yes, education is important.Social Security trust funds are impor-tant. National security is important.We are only 3 months into this war. Itis going to be a long time, and we can-not just keep putting more and moremoney into it, even though I think weneed it and many of the things that thegentleman from Wisconsin talks aboutare needed.

That is why I reluctantly oppose thegentleman from Wisconsin’s amend-ment. But he is a good friend.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the distinguished gen-tleman from Texas (Mr. GREEN), aState which has a number of very seri-ous security threats which we are try-ing to correct in this bill.

Mr. GREEN of Texas. Mr. Chairman,I thank my colleague, our rankingmember, and, frankly, a lot of themembers of the Committee on Appro-priations, and I rise in support of hisamendment because I represent one ofthose security areas.

This amendment would fully fund theemergency request of the U.S. CoastGuard. Since the attacks of September11, the Coast Guard has been stretchedto the breaking point as they attemptto increase their operations and tight-en security at all our Nation’s vulner-able ports. This amendment wouldhave provided millions of dollars to in-crease security at ports along ourcoasts, including the Port of Houstonwhich is the Nation’s largest port interms of foreign cargo. It is the eighthlargest port in the world. Each year al-most 7,000 vessels and 175 million tonsof cargo transit the Houston ship chan-nel on their way to the port. Accordingto current Coast Guard estimates, ap-proximately half of all dangerous andhigh-interest cargo travels along theHouston ship channel in our country.

Along with the large volume of petro-leum and other energy-related productsthat move through the Port of Houstoneach year, other top commodities in-clude fertilizers, organic and inorganicchemicals. Each of these cargoes is apotential target for terrorism and anyattack could kill or injure thousands,as well as create an enormous environ-mental impact in the greater Houstonarea and southeast Texas.

Since September 11, the Coast Guard,despite its limited resources, has dra-matically increased security at thePort of Houston and the ship channelalong with other ports around thecountry, with water patrols in ourchannel and everywhere else at alltimes, and more frequent dockside and

shoreline patrols. The Coast Guard isalso boarding all ‘‘high interest’’ ves-sels before they transit the ship chan-nel. They now receive 96 hours’ noticeof ship calls and receive all crew lists,which they share with the law enforce-ment community.

While the Coast Guard in cooperationwith local authorities have done an ex-cellent job with the resources at theirdisposal, they will not be able to main-tain their efforts without additionalfunding. We are wearing out our CoastGuard personnel. The President has re-quested only $203 million to cover 6months of the activity. This bill today,without the Obey amendment, putscontinuation of these increased activi-ties in jeopardy, even falling $58 mil-lion short of the President’s request.

That is why, Mr. Chairman, I supportthe Obey amendment, and whether it isnow or through the conference com-mittee, we will see an increase in ourfunding to support our Coast Guard.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 2 minutes to the distin-guished gentleman from Kansas (Mr.TIAHRT), a member of the Defense ap-propriations subcommittee.

Mr. TIAHRT. Mr. Chairman, I believeit is appropriate to tell the gentlemanfrom Wisconsin with respect to hisamendment, ‘‘not now,’’ rather than tojust say no. Most people in America areaware that our military has been in de-cline for a decade. Procurement waslean, recruiting lagging, and mainte-nance budgets were too low. This billstarts the process of returning ourmilitary to its full luster. This billgoes beyond to fund $5.4 billion for do-mestic security, protecting against bio-terrorism, providing airport security,meeting law enforcement and other do-mestic security needs.

But the gentleman from Wisconsinsays we are not spending money fastenough. We do need to take some time,and here is a good example. In a hear-ing last month, a joint House/Senatetransportation appropriations hearing,an engineer testified that to secure acockpit door, an airplane needed tohave a new metal bulkhead, pressurizeddoors, and a separate environmentalsystem. Easily that would cost theextra one-quarter of a billion dollarsthat the gentleman from Wisconsinhas. But some airlines have already se-cured their cockpit doors with a simplelocking device that looks like an autoantitheft device called The Club.

Mr. Chairman, let us take time to dothe job right. Let us look at what theneeds are, let us balance what thoseneeds are going to be, and let us rejectthe Obey amendment.


I would like to respond to somethingthe gentleman just said. He says thatwe should not be impatient because theairlines have taken care of their cock-pit security. Yes, they have done it, onthe cheap, Kmart style.

The fact is that this bill contains $250million less for cockpit security than

the President recommended. It con-tains that lower amount of money be-cause it added to the President’s re-quest for sky marshals. I agree thatwas a higher priority, but in my viewboth of them should be funded. You askany citizen in America, Do you wantthose cockpit doors secured by a tem-porary device or do you want them se-cured in a way that will hold againstthe most professional attacks, and youknow what the answer is going to be.They do not want us to be temporizingand they do not want us to be patient.They want us to be impatient, theywant us to be aggressive, and theywant us to act now.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 2 minutes to the distin-guished gentleman from New Jersey(Mr. FRELINGHUYSEN), a member of theCommittee on Appropriations.

Mr. FRELINGHUYSEN. Mr. Chair-man, I rise in opposition to this amend-ment, for as a committee and as a Con-gress we have made the tough choiceswith this bill and others we have con-sidered since September 11. Make nomistake about that. This is a bipar-tisan bill that meets the immediateneeds of our troops and their familiesand, most importantly, as our troopsand militaries fight in Afghanistan aswe speak here this afternoon, we areunited behind them as Americans andas Republicans and Democrats.

In this bill, we have added a new ap-propriations title and $11.7 billion forour homeland defense, $1.6 billion ofthat new money, to fight that whichmay occur against our Nation that in-volves chemical, biological and, Godforbid, nuclear threats.

Can anyone be entirely comfortable,to use somebody else’s adjective, withevery action or every expenditure ordollar amount that is considered or putinto this bill? Of course not, sincethese terrorists fight by no rules. Theykill civilians. But I think we would allagree that we have a greater con-fidence than we did a month ago as wego about routing them out at home andabroad. We now have a proactive home-land defense leader in Governor Ridge,who is pulling together disparate partsto do the job at home. We have an acti-vated group of emergency managementand law enforcement personnel in ourStates and lower jurisdictions. Andyes, we have a public more vigilant,more aware, and more willing to sac-rifice to fight terrorism at home andabroad.

Some have suggested we need billionsof dollars more for defense. We mayneed more money, but let us make de-cisions for further supplementals afterwe hear from our President and Com-mander in Chief, and I am sure we will.

Mr. OBEY. Mr. Chairman, I yield 3minutes to the distinguished gen-tleman from Texas (Mr. EDWARDS).

Mr. EDWARDS. Mr. Chairman, Godforbid if the terrorists of September 11had a nuclear bomb parked in a truckplaced in lower Manhattan, 2 millioninnocent American citizens would have

CONGRESSIONAL RECORD — HOUSEH8502 November 28, 2001died on that terribly tragic day. Thatis 500 times more people than were ac-tually killed, as horrible and as incon-ceivable as that was.

I find it incredible that in this bill,after September 11 and all that we havelearned about nuclear threats and ter-rorist threats, that this House couldfind $265 million to protect 535 Mem-bers of Congress and our staffs butcould not find one dime to protect 281million Americans from the real threatof nuclear terrorism. In fact, withoutthe Obey amendment, this Congresswill have actually reduced funding forthe programs designed to keep nuclearmaterial out of the hands of terrorists.

We might ask, how serious is thethreat of nuclear terrorism againstAmerican citizens? Just earlier thisyear, a bipartisan commission, after ayear-and-a-half study headed by formerSenators Howard Baker and Sam Nunnas well as Lloyd Cutler, called nuclearterrorism against the U.S., and I quote,‘‘the most urgent unmet national secu-rity threat to the United Statestoday.’’ More recently, President Bushon November 6 made this statement:‘‘We will not wait for more innocentdeaths. We will not wait for the au-thors of mass murder to gain the weap-ons of mass destruction. We act nowbecause we must lift the dark threatfrom our age and save generations tocome.’’

Have we acted now? Have we acted inthis bill to protect 281 million Ameri-cans from the threat that PresidentBush, Senator Baker and Senator Nunnhave talked about of nuclear terroristsexploding a bomb right here in theUnited States? The answer is no. Worsethan taking no action, we have actu-ally reduced funding for those pro-grams.

For this Congress to reduce fundingfor those important programs at thisparticular time in our history is a dan-gerous and irresponsible mistake. TheObey amendment would add specifi-cally $131 million to protect 600 metrictons of highly enriched uranium inRussia that our Department of Energyhas said is in urgent need of immediateupgraded safeguards.

Protecting the Congress from terror-ists is a legitimate thing to do in thisbill. Protecting Congress, our Capitoland Members of Congress, as part ofour democracy is a valid thing to do,but no program is more important, nopriority should be more importantthan protecting the American familyfrom nuclear holocaust at the hands ofterrorists.

We should support the Obey amend-ment, Republicans and Democratsalike. As President Bush said, we must,we should act now.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 3 minutes to the distin-guished gentleman from Alabama (Mr.CALLAHAN), a cardinal and chairman ofan appropriations subcommittee.

Mr. CALLAHAN. Mr. Chairman, theprevious speaker just said that we arenot appropriating one dime for this

Russian nonproliferation program. Letme say that he is absolutely right. Wedid not appropriate one dime, we ap-propriated $541 million just a fewweeks ago.

What is the nonproliferation pro-gram? When we decided and reached anagreement with the Russians that wewould downsize our nuclear weaponsstockpiles, we agreed that we would as-sist the Russians in finding ways andmeans to narrow the size of theirstockpiles. They are not helping usnarrow the size of ours, but we aredoing it; but we are spending $2,000,000a day already in Russia. There is nodoubt that we could spend more, butthat may not even be possible becausethe Russians do not let us go in andjust carte blanche do whatever we wantto do. We have to do it in conjunctionwith their security requirements, too.

While the gentleman may be right,there may be some need for additionalmoneys in the spring, I will stand withhim on this floor and I will assure youthat we will give them whatever moneythey need to ensure that every effort ismade to downsize the nuclear situationin Russia.

b 1615

But to stand here and tell the Amer-ican people today that we cannot af-ford one dime is a long cry from thereal world, and the real world is we arespending $2,000,000 a day already inRussia. So I think that is a sufficientamount. It is as much as we can spend.And if, indeed, they can come and jus-tify more, and I intend to hold hearingsin the spring to see if indeed they doneed more, I will assure the gentlemanand this Congress that we will do what-ever is necessary to make sure thisprogram is successful and that none ofthe gloom and doom as presented bythe gentleman from Texas would evertake place.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the gentleman from Texas(Mr. EDWARDS).

Mr. EDWARDS. Mr. Chairman, I havegreat respect for the gentleman fromAlabama (Chairman CALLAHAN). I am aMember of his subcommittee. He hasmade a genuine effort to try to in-crease necessary funding to protectAmericans from the threat of nuclearterrorism. I would, though, differ withthe gentleman on several points.

First of all, my comments, I did notsay in my statement a few minutes agothat we are not spending one dime onthese programs. What I did say is thatin this bill we found $250 million abovewhatever else we were already spendingto protect 535 Members of Congress;but in this bill, while we were doingthat on one hand, we could not find onedime of additional money to spend onthe programs designed to keep nuclearmaterial in Russia from getting intothe hands of terrorists.

Furthermore, the gentleman said wewill give everything to these programsthey will need. I respect the gen-tleman. I think if the gentleman could

individually make a decision, we wouldhave additional funding this year forthis. But that is the same promise thatwas made to me just a few weeks agowhen my amendment to add more nu-clear nonproliferation funds was de-feated in the energy and water bill. Iwas told if I will just wait until we getto the defense appropriation and sup-plemental bill, we will add additionalfunding.

The real question and the fair ques-tion to ask is should we act now or actnext year? I would suggest our own De-partment of Energy has listed specificprograms where there is a tremendousneed now.

The gentleman said if we had moremoney, could we spend it now? The an-swer to that is yes. In fact, it is theBush administration that on Sep-tember 26 signed a new agreement withRussia that opens up numerous newsites where nuclear materials are lo-cated. Right now we have a window ofopportunity to go in and provide secu-rity for those sites so that nuclear ma-terial will not get in the hands of ter-rorists and end up in downtown NewYork or Los Angeles in a bomb.

We not only can spend more moneynow efficiently and effectively, I thinkthat is a responsibility. I think that isour obligation. We could do it in thisbill.

The CHAIRMAN. The gentlemanfrom Florida (Mr. YOUNG) has 131⁄2 min-utes remaining, and the gentlemanfrom Wisconsin (Mr. OBEY) has 111⁄2minutes remaining.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 1 minute to the gentlemanfrom Alabama (Mr. CALLAHAN).

Mr. CALLAHAN. Mr. Chairman, inresponse to the gentleman’s comments,he did not indicate in his presentation,as best I heard, that we have just 2 or3 weeks ago appropriated $541 millionfor Russian programs. That is in addi-tion to the money that the Russiansare putting in. Let us assume they areputting in at least half of it. So that is$1 billion that is available to downsizethese programs.

If they need more and come back, wewill indeed weigh what they tell us;and at that time, during the spring ses-sion, we will, if there is a supplementalbill, or even we might create one, wewill give them the additional money.But to say that there is an inadequateamount of money to protect the Amer-ican people to the best of our ability atthis point, the gentleman is wrong. I dothink they have a sufficient amount ofmoney. They may not have enoughnext fall. If we reach that point, wewill address it at that time.

Mr. OBEY. Mr. Chairman, I yield my-self 1 minute.

Mr. Chairman, I will say flatly thatthere is an insufficient amount ofmoney appropriated by this Congressto protect the safety of the Americanpeople from new weapons-grade nuclearmaterial in the Soviet Union and else-where.

Mr. EDWARDS. Mr. Chairman, willthe gentleman yield?

CONGRESSIONAL RECORD — HOUSE H8503November 28, 2001Mr. OBEY. I yield to the gentleman

from Texas.Mr. EDWARDS. Mr. Chairman, de-

spite all of the good efforts, and theyhave been good efforts, of the gen-tleman from Alabama (Chairman CAL-LAHAN), the bottom line is this: despitethe tragedy of September 11, this Con-gress, without passing the Obey amend-ment today, will have cut funding forthe primary programs intended to keepnuclear materials in Russia from get-ting into the hands of terrorists andkilling 2 million innocent men, women,and children here in America. We cando better than that.

My hope is with the bipartisan lead-ership of this House, we will do better.We ought to do better in this bill bypassing the Obey amendment. I cer-tainly hope we will do better in con-ference committee and adequately fundthese important programs that our De-partment of Energy has said should befunded now.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 2 minutes to the gen-tleman from Tennessee (Mr. WAMP), amember of the Committee on Appro-priations.

Mr. WAMP. Mr. Chairman, I thankthe gentleman for yielding me time.

Mr. Chairman, we have heard this de-bate at the subcommittee level, at thefull committee level, and now on theHouse floor; and it is an appropriatedebate, a good debate. I, too, want tothank our distinguished ranking mem-ber for the time that he has invested inall of our preparedness issues, not justsince September 11, but prior to that,and the gentleman from Texas for hiscontinued advocacy for nuclear non-proliferation and the investment thatis required by our Nation and a respon-sible Congress in this area.

I represent Oak Ridge, Tennessee, thehome of the Y–12 weapons plant, andwe have had some division about mov-ing monies around. We are adequatelyfunding our preparedness in this coun-try.

I understand the comments of thegentleman from Wisconsin (Mr. OBEY).I understand his comments about usnot spending enough money. But if youare looking at the nuclear weapons inthe world and the stockpiles that wemust maintain in order to have this de-terrent, you could not hardly spendenough money to guarantee globally atall times total safety, unequivocally,no matter what, whenever, however.You could not possibly spend enoughmoney. So it is kind of an arbitrarything.

One thing I am proud of is this de-fense bill adequately funds the needsthat we know of today with a full com-mitment that when the administrationthat is responsible for the leadership offoreign policy and the determination ofthe levels at which nonproliferationwill bring us to, I love to see PresidentPutin and President Bush together,coming together, talking about reduc-tions, talking about maintaining safe-ty and security for any weapons stock-

piles there or here and what is going tobe necessary.

But I want the administration to tellus what will be necessary in a timelymanner and for the Committee on Ap-propriations to respond to the adminis-tration, not to arbitrarily come upwith a figure and say that this is it. Weneed to do it in the right time, and wewill.

This is a responsible bill. We need tovote down the Obey amendment andpass the bill that is on the floor today.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the distinguished gen-tleman from Washington (Mr. INSLEE).

(Mr. INSLEE asked and was givenpermission to revise and extend his re-marks.)

Mr. INSLEE. Mr. Chairman, I rise insupport of this amendment for the rea-son that should it fail to be adopted,we will essentially be reneging on apromise we made to the American peo-ple 9 days ago. On a bipartisan basis weadopted an airline security bill that,amongst other things, would requirethat every bag that goes into the bellyof an airplane will be screened for anexplosive device, something Americanshave expected and really thought hasbeen done for a long time.

The President signed that bill intolaw 8 days ago. It is now the law of theUnited States of America, and a prom-ise has been made to the American peo-ple that every bag will be screened foran explosive device within a certaintime period, within 1 year by a ma-chine, and within 60 days by eithermanual inspection, a dog sniffing, orpositive bag match. We did that on abipartisan basis. The President signedit. It is the law of the United States ofAmerica.

But this morning I open up the Wash-ington Post, and I see that the admin-istration has said they are not going tomeet these deadlines. Planes are goingto still take off with bags in the bellyof an airplane that could have a bombin them that will not be screened. Thatis unacceptable to the American peo-ple. It should be unacceptable to us.The reason we have been given fromthe administration is apparently thereis some resource inability, a lack of re-sources, to hire the people or the dogsit takes to get this job done.

This amendment will give the admin-istration adequate resources to makesure the commitment we, on a bipar-tisan basis, made to the American peo-ple is fulfilled. If we do not do this, itwill not be fulfilled.

To me, there are going to be a lot ofdisappointed folks who thought wewere making sure their bags werescreened for explosives. Then appar-ently we do not give the administra-tion enough money to hire the peopleto do it. People are going to be very,very disappointed.

This amendment will allow addi-tional expenses. We ought to pass thisand fulfill this statutory commitmentwe made to the American people.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 3 minutes to the distin-

guished gentleman from Texas (Mr.BONILLA), the chairman of the Com-mittee on Appropriations Sub-committee on Agriculture.

Mr. BONILLA. Mr. Chairman, Ithank the chairman for yielding metime.

Mr. Chairman, this amendment iswell intentioned. Hats off to the gen-tleman from Wisconsin for offering theamendment, because I know his inten-tion is similar to what we all want toaccomplish here today and have beenworking on for many months, and thatis to provide the administrationenough money to deal with any ter-rorist threat that currently exists.Whether it is money for the Justice De-partment, the Defense Department, theAgriculture Department, you name it,we have worked in a bipartisan way formonths now to try to provide enoughfunds for every aspect of the war onterrorism.

Specifically, I chair the Committeeon Appropriations Subcommittee onAgriculture, and we put $61 million ad-ditional money, more money, for in-creased inspections of imported foodproducts. The amendment the gen-tleman offers would increase theamount available for inspection of foodimports by $239 million, and the state-ment by the gentleman says theamount would increase the level of ef-fort to cover 10 percent of all food im-ports. But why is this a good number,and why is it the right number, andwhy is it any better than the amountwe provide now, or should we providemore?

Mr. Chairman, what we have tried todo is work in a practical way with theexperts involved in this every day atUSDA and provide the right fundinglevel. Again, we did this in the agri-culture appropriations bill that wassupported overwhelmingly in a bipar-tisan way, working hand in hand withthe administration.

The President’s budget also includedover $34 million to accelerate the avail-ability of drugs, vaccines and devices.This amendment does not propose toincrease the level of effort for this ac-tivity. Why not? The question wouldbe, is it more urgent to check the lastcan of imported olives than it is to re-view pharmaceutical products for safe-ty and efficiency?

Mr. Chairman, what we have beforeus is an attempt to strike a balance.We have worked hard to find a balancein recommending the resources forFDA’s many regulatory activities andprotecting public health.

Could we do more? Perhaps, and allof us want to do that when the time isright and the appropriate budget re-quests come in. Would more resourcesguarantee a higher level of security atthis point? That is not clear at all, andthat is why we are trying to use everyreasoned measure to put the spendingbills together as a group this year.

I ask Members to think hard aboutthis. Our subcommittee just completedits work on our fiscal year 2002 appro-priations conference agreement which

CONGRESSIONAL RECORD — HOUSEH8504 November 28, 2001was just signed into law this afternoon.That agreement included $1.3 billion,billion with a B, for the FDA; and itwas by far the largest appropriationever for this agency. It is my view thatthat amount, together with the addi-tional $104 million included in this bill,will provide sufficient resources forFDA to continue its good work in pro-tecting the public health, as it has for100 years.

So, again, we all want to do the rightthing here; and, again, the gentleman’samendment is well intentioned, but atthis time it is not the right thing to do.We are trying to act responsibly.

I urge rejection of the amendmentand support for the committee’s rec-ommendation for funding levels thisyear.

Mr. OBEY. Mr. Chairman, I yield 2minutes to the distinguished gen-tleman from Vermont (Mr. SANDERS).

Mr. SANDERS. Mr. Chairman, Ithank the gentleman for yielding metime, and I rise in very strong supportof the Obey amendment.

I must say that I find the argumentsbeing made against the gentlemanfrom Wisconsin (Mr. OBEY) to be very,very curious indeed. Frankly, I thinkthe American people will find it verydifficult to understand how we as a Na-tion cannot afford another $6.5 billionto protect ourselves against bioter-rorism, to make sure that our airlinesare safe, to make sure that the peopleof this country have adequate healthcare in, God forbid, the event of a ter-rible attack against us. We cannot af-ford that $6.5 billion, but somehow oranother we can afford hundreds of bil-lions of dollars in the last year for taxbreaks to the wealthiest 1 percent ofthe population and for the largest cor-porations in America.

b 1630

Tell that sense of logic to the Amer-ican people.

When our people get on airplanes,they want to know that the baggage onthat plane is safely inspected. Whenpeople walk into airports, they want toknow that the people who are doing se-curity are properly trained. My Stateborders the Canadian border. The peo-ple in Vermont and throughout thiscountry want to know that our bordersecurity is strong.

So I would strongly urge the Mem-bers to get their priorities right. If wecan afford hundreds of billions in taxbreaks for the wealthiest 1 percent, wecan provide strong security for theAmerican people against bioterrorism.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 4 minutes to the very dis-tinguished gentleman from California(Mr. HUNTER), a subcommittee chair-man on the very important Committeeon Armed Services.

Mr. HUNTER. Mr. Chairman, I thankthe gentleman for yielding.

I listened carefully while the gen-tleman from Wisconsin (Mr. OBEY)made, I thought, a very reasonable re-quest for additional spending, and was

met with I think an equally reasonableresponse from the gentleman fromCalifornia (Mr. LEWIS) and the gen-tleman from Florida (Mr. YOUNG) andthe gentleman from California (Mr.CUNNINGHAM), and a number of othermembers of the Committee on Appro-priations and the Subcommittee on De-fense, to the effect that they are work-ing to engage in this process of rebuild-ing our national defenses which arebeing strained by the operation in Af-ghanistan in which we may expect tobe strained further if this conflict con-tinues and perhaps deepens. I hope thatthis is the start of a bipartisan effortto put together a defense bill in thecoming year which is adequate to serveour country’s needs.

Let me just tell my colleagues thatfrom my perspective, and I heard thegentleman from California (Mr.CUNNINGHAM) make a number of very,very good points with respect to inad-equacies, I think we are about $50 bil-lion short, and I think all of the stud-ies that we have done, such as the CBO,which says that our equipment isshort-funded about $30 billion a year.That means if we have to replacetrucks, tanks, ships, planes, on asteady state just to keep them halfwaymodern, we need to spend an extra $30billion a year in the defense area. Weare underfunded on munitions. Weknow that the Army is about $3 billionshort of basic ammunition; the Marineshave a smaller shortage. But nonethe-less, they are not full up. We know thatwe are short on precision munitions,which are a very important part of pro-jecting American power.

So I would hope that we are startingon a course to rebuild the national de-fenses that have been savaged prettybadly over the last 6 years. I hope thisadministration moves with us as well.

Let me just say also that while thegentleman from Florida (Mr. YOUNG)and the gentleman from California (Mr.LEWIS) and the gentleman from Ari-zona (Mr. STUMP) and others are work-ing hard on defense and putting in a lotof hours now trying to figure out ex-actly what we need, and are putting to-gether I think a good blueprint to re-build defense, I would like to see theOffice of Management and Budget un-derstand defense a little more than Ithink they understand; be more recep-tive when the services come to themand say we have ammunition short-ages, we have spare parts shortages, wehave equipment shortages. I know thatif that office in the administrationdoes not become more receptive, we aregoing to see, I think, this House takemore initiative in that area.

So let us rebuild defense. I would liketo see the gentleman from Wisconsin(Mr. OBEY) working with our Repub-lican leadership to make that happenin this coming budget.

Mr. OBEY. Mr. Chairman, how muchtime do I have remaining?

The CHAIRMAN. The gentlemanfrom Wisconsin (Mr. OBEY) has 61⁄2 min-utes remaining; the gentleman from

Florida (Mr. YOUNG) has 41⁄2 minutes re-maining.

Mr. OBEY. Mr. Chairman, I yield 31⁄2minutes to the distinguished gentle-woman from California (Ms. PELOSI).

Ms. PELOSI. Mr. Chairman, I thankthe gentleman for yielding me thistime and for his extraordinary, asusual, leadership in attempting tobring this amendment to the floor. Iam very sad. It is a sad day for thisCongress that this amendment has notbeen made in order, because it address-es many of the concerns that areshared by the American people and, in-deed, have been shared by the Presi-dent of the United States. I have greatrespect for our distinguished chairmanof the full committee and the chairmanof the subcommittee, but I object tothe fact that we were not able to havethis amendment made in order.

Mr. Chairman, I rise in strong sup-port of the Obey amendment. It is hardto understand how the Republicanleadership can argue that there isenough money to provide $100 billion intax cuts for corporations and thewealthiest 25 percent of taxpayers butnot enough to strengthen homeland de-fense, improve security for vulnerablenuclear materials, and keep our com-mitment to New York. They foundenough money, the Republican leader-ship did, to provide $1.4 billion in taxbreaks to IBM, $1 billion to Ford, $833million to General Motors, and $671million to General Electric. Why canwe not find the money to strengthenState and local health departments, ac-celerate vaccine development, and im-prove security of vulnerable nuclearmaterials?

The gentleman from Wisconsin (Mr.OBEY) has successfully put together athoughtful, comprehensive packagethat met these and other needs for $7.1million, less than one-twelfth of thetax package that the Republicans sup-port.

I wish to associate myself with theconcerns expressed by our colleaguesfrom New York. I share their concernabout meeting our commitment tothem. But I want to focus, Mr. Chair-man, in my remarks on the perspectiveof the prevention of nuclear terrorism,what opportunities are missed heretoday.

Our President, President Bush, saidon November 13 on the occasion of thevisit of President Putin, ‘‘Our highestpriority is to keep terrorists from ac-quiring weapons of mass destruction.We agree that it is urgent that we im-prove the physical protection and ac-counting of nuclear materials and pre-vent illicit nuclear trafficking.’’

Earlier that week the President hadsaid they, the al Qaeda, ‘‘are seekingchemical, biological and nuclear weap-ons. Given the means, our enemieswould be a threat to every nation andeventually to civilization itself. Wewill not wait,’’ the President said, ‘‘formore innocent deaths. We will not waitfor the authors of mass murders togain the weapons of mass destruction.

CONGRESSIONAL RECORD — HOUSE H8505November 28, 2001We act now because we must lift thisstark threat from our age and savegenerations to come.’’ We all ap-plauded President Bush’s remarks.

How then, how can we understand,then, how this Republican majority inthe House would reject the Obeyamendment which would add $221 mil-lion to this bill; $191 million for secur-ing Russian nuclear materials, $30 mil-lion to better fund programs employingformer Soviet Union nuclear sci-entists? The President said, we actnow. We cannot wait.

When they say that we are going tohave a supplemental down the road, letus review that. That bill came up be-fore Thanksgiving in the Committee onAppropriations. Now we are on our wayto Christmas, and we do not even havethis bill passed, but we will soon. AfterChristmas comes what? Let us gothrough. Valentine’s Day, St. Patrick’sDay, President’s Week, it will be easilyEaster before we can revisit this billand have a supplemental that will ad-dress these nuclear issues. How thencan we, as the President said we actnow, do so when we reject the oppor-tunity that the gentleman from Wis-consin (Mr. OBEY) has given us heretoday? We are now giving opportunityto those who would threaten our secu-rity in our country. I think that is un-fortunate.

Mr. YOUNG of Florida. Mr. Chair-man, I have no further speakers. I re-serve the balance of my time for a briefclosing statement before I insist on mypoint of order.

Mr. OBEY. Mr. Chairman, I yield my-self the balance of the time.

Mr. Chairman, for years, modernmilitary planners, have been telling usthat we should be spending less on thebig-ticket items that were necessary tofight last century’s wars and, instead,do more to prepare ourselves for to-morrow’s wars. Well, tomorrow is hereand this amendment is trying to takethat advice.

We have been told we need to domore to deal with terrorism, more todeal with chem-bioterrorism, more todeal with cyberterrorism. That is whatwe are trying to do.

I find it very interesting today thatnot a single speaker, to my recollec-tion, has challenged the merits of thisamendment. All they have said is,‘‘Wait, be patient.’’ Maybe next year.

Well, I guess that means we shouldring up the terrorists on the telephoneand say, ‘‘Folks, we need a little moretime to get our act together here athome; would you mind waiting untilnext year before you figure out whereyou are going to hit us next?’’ I do notthink we would get a very receptivereply. That is why we need to do every-thing that we know we can do, and weneed to do it now.

The threat today is just as imminentas it was on September 11, and we needto remember that.

I am sorry, but I am impatient. Iwant us to expand our public health ca-pabilities now. I want us to triple the

Canadian border patrol as the Patriotbill promised but did not deliver; Iwant us to do that now. I want us tostrengthen port security, not by atoken amount, but by a large amount,now. I want us to provide those addi-tional translators now. I want us toprovide the FBI with computer upgradecapability now. I want us to take theactions necessary to protect our weap-ons production plants now. I do notwant to wait for a supplemental, be-cause we have no idea how long it willtake to pass one, and we have no ideawhat other add-ons will be added to it,because everybody who loses an argu-ment between now and Christmas,when the supplemental comes, will tryto attach their pet projects to that bill.It will be much more expensive thenthan now.

Many of my colleagues on the otherside of the aisle have told me, ‘‘I knowyou are right, we should be doing this,but we have to stick with our partyleadership.’’ I urge my colleagues in-stead to stick with their consciences,stick with what they know. They knowwe need to do more and they know weneed to do it now. I urge my colleaguesto vote that way.

Mr. YOUNG of Florida. Mr. Chair-man, I yield myself the balance of thetime.

I want to thank all of the Membersfor an excellent debate, a high-level de-bate, exploring the important issues ofthe day.

(Mr. YOUNG of Florida asked andwas given permission to speak out oforder.)

TRIBUTE TO FREDERICK G. MOHRMAN

Mr. YOUNG of Florida. Mr. Chair-man, it is with sadness that I announcethe 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 direc-tor of the Committee on Appropria-tions from 1984 to 1995. He was born No-vember 24, 1932, a graduate of KansasState College. He joined the Com-mittee on Appropriations on January 1,1975. Two years later he was appointedclerk of the Subcommittee on Interior.He became clerk and staff director ofthe Committee on Appropriations inFebruary of 1985.

He retired from committee service in1996, having served both Republicanand Democrat majorities here in theHouse.

A veteran of the U.S. Air Force, he issurvived by his wife, Jan, and 5 chil-dren: Jana, Deke, Sean, Lisa, andDanny.

Fred Mohrman was very much an in-stitution on our committee. He was abig, gentle man. He knew when to bekind and he knew when to be gruff. Heprotected the committee against allchallenges, most of the time with greatsuccess. He knew the rules and how touse them for the benefit of all.

When he retired, he bought a piece ofland in eastern Kentucky and became

‘‘Farmin’ Fritz.’’ Each week he keptthe committee updated with his newlife.

Fred Mohrman leaves behind a legacyof loyalty, hard work, good humor, anda love of this institution. He will begreatly missed by all of us.

I am happy to yield to the gentlemanfrom Wisconsin.

Mr. OBEY. Mr. Chairman, I thankthe gentleman for yielding. Let mesimply say I think the institution hasexperienced a great loss with the deathof Fred Mohrman. As the chairman hasindicated, he served this committeeand this Congress for a good manyyears. He in fact served me for a briefperiod as staff director after I becamechairman, and he was what I would callan institutional man.

He cared deeply about this institu-tion, and he cared deeply about thecommittee. He had that tough, old-fashioned sense of duty that character-ized his entire generation, and thiscountry and the world is far better offfor it. He would have taken great pridein the fact that this year, despite all ofthe outside pressures that are broughtto bear on this committee, that wemanaged to produce 12 out of 13 appro-priation bills that were passed on a bi-partisan basis, and 1 that was prettyclose to doing the same.

He recognized that we need to defineour differences and then we need tofind ways to resolve them, and he tookgreat pride in the services that he pro-vided each and every Member on bothsides of the aisle. He performed a greatpublic service to this country. He was aman of absolute integrity, and we weresaddened and shocked to learn of hispassing.

b 1645

Mr. YOUNG of Florida. Mr. Chair-man, I thank the gentleman for hiscomments.

POINT OF ORDER

Mr. YOUNG of Florida. Mr. Chair-man, I make a point of order againstthe amendment because it proposes tochange existing law and constituteslegislation on an appropriations bill,and therefore, violates clause 2 of ruleXXI.

The rule states, in pertinent part,‘‘An amendment to a general appro-priation bill shall not be in order ifchanging existing law. . . .’’

The amendment includes an emer-gency designation under section 251 ofthe Balanced Budget and EmergencyDeficit Control Act of 1985, and as suchconstitutes legislation in violation ofclause 2 of rule XXI.

I ask for a ruling from the Chair.The CHAIRMAN. Does the gentleman

from Wisconsin (Mr. OBEY) wish to ad-dress the point of order?

Mr. OBEY. I certainly do, Mr. Chair-man.

The CHAIRMAN. The gentlemanfrom Wisconsin is recognized.

Mr. OBEY. How could the gentleman?Let me simply say, Mr. Chairman,

that the Chair is being asked to rule on

CONGRESSIONAL RECORD — HOUSEH8506 November 28, 2001whether or not this amendment is inabsolute compliance with each andevery rule of the House.

The Committee on Rules, as I under-stand it, provided the very same waiv-ers so that the underlying bill could beconsidered that it refused to provide sothat this amendment could be consid-ered.

Because of that, the sad fact is thatwhile this subject matter should be apart of this debate, we have in factbeen gagged by the Committee onRules because they chose to provide ex-emptions under the rules for the corebill while denying those very same ex-emptions to this amendment.

So for that reason, Mr. Chairman,while I believe deeply that we ought tobe able to get a vote on this amend-ment, because I am confident if wecould get a vote on it, it would pass, Imust, in all honesty, concede the pointof order, misguided though the rulewas under which we are now operating.

The CHAIRMAN. The point of orderis conceded and sustained.

The Clerk will read.The Clerk read as follows:

INDEPENDENT AGENCIESCOMMODITY FUTURES TRADING COMMISSION

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Commodity FuturesTrading Commission’’, $6,495,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

Mr. YOUNG of Florida. Mr. Chair-man, I ask unanimous consent tostrike Section 803 of the bill.


There was no objection.The CHAIRMAN. Section 803 is

stricken from the bill.The Clerk will read.The Clerk read as follows:

CHAPTER 2DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

ADMINISTRATIVE REVIEW AND APPEALS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Administrative Reviewand Appeals’’, $3,500,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGALACTIVITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses,General Legal Activities’’, $12,500,000, to re-main available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

Mr. YOUNG of Florida. Mr. Chair-man, I ask unanimous consent that theremainder of the bill through page 194,line 5, be considered as read, printed inthe RECORD, and open to amendment atany point.


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 theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses,United States Attorneys’’, $68,450,000, to re-main available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

SALARIES AND EXPENSES, UNITED STATESMARSHALS SERVICE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses,United States Marshals Service’’, $11,100,000,to remain available until expended, to be ob-ligated from amounts made available in Pub-lic Law 107–38.

FEDERAL BUREAU OF INVESTIGATION



IMMIGRATION AND NATURALIZATION SERVICE


ENFORCEMENT AND BORDER AFFAIRS


OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Justice Assistance’’,$400,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38, of which$45,000,000 is for emergency response commu-nications technologies and equipment forNorthern Virginia, $20,000,000 is for the Cap-itol Wireless Integrated Network in theWashington Metropolitan Area, $15,000,000 isfor a chemical sensor program within theWashington, D.C. subway system, and$9,800,000 is for an aircraft forcounterterrorism and other required activi-ties for the City of New York.

STATE AND LOCAL LAW ENFORCEMENTASSISTANCE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘State and Local Law En-forcement Assistance’’, $17,100,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

CRIME VICTIMS FUND

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Crime Victims Fund’’,$68,100,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.


INTERNATIONAL TRADE ADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operations and Adminis-tration’’, $750,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

EXPORT ADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operations and Adminis-tration’’, $1,756,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.



For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Public Telecommuni-cations Facilities, Planning and Construc-tion’’, $8,250,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38: Pro-vided, That matching requirements set forthin Section 392(b) of the Communications Actof 1934, as amended, shall not apply to fundsprovided in this Act.

NATIONAL OCEANIC AND ATMOSPHERICADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operations, Research,and Facilities’’, $750,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.




THE JUDICIARYSUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Care of the Building andGround’’, $10,000,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

COURTS OF APPEALS, DISTRICT COURTS, ANDOTHER JUDICIAL SERVICES

COURT SECURITY

For emergency expenses to respond to theSeptember 11, 2001 terrorist attacks on theUnited States, for ‘‘Court Security’’,$21,500,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38: Provided,That the funds may be expended directly ortransferred to the United States MarshalsService, to remain available until expended:Provided further, That $4,000,000 shall beavailable to reimburse the United StatesMarshals Service for a Supervisory DeputyMarshal responsible for coordinating secu-rity in each judicial district and circuit.DEPARTMENT OF STATE AND RELATED

AGENCYRELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘International Broad-casting Operations’’, $9,200,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

BROADCASTING CAPITAL IMPROVEMENTS

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

CONGRESSIONAL RECORD — HOUSE H8507November 28, 2001United States, for ‘‘Broadcasting Capital Im-provements’’, $10,000,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

RELATED AGENCIESEQUAL EMPLOYMENT OPPORTUNITY

COMMISSION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses,’’$1,301,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

SECURITIES AND EXCHANGE COMMISSION



SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Disaster Loans ProgramAccount’’, $140,000,000, to remain availableuntil expended, to be obligated fromamounts available in Public Law 107–38.GENERAL PROVISIONS—THIS CHAPTERSEC. 201. For purposes of assistance avail-

able under section 7(b)(2) of the Small Busi-ness Act (15 U.S.C. 636(b)(2)) to small busi-ness concerns located in disaster areas de-clared as a result of the September 11, 2001,terrorist attacks, (i) the terms ‘‘small busi-ness concern’’ shall include not-for-profit in-stitutions and small business concerns de-scribed in subsectors 522, 523, and 524 of theNorth American Industry Classification Sys-tem codes (as described in 13 C.F.R. 121.201,as in effect on January 2, 2001), except for de-pository financial institutions, and (ii) theAdministrator may apply such size standardsas may be promulgated under such section121.201 after the date of enactment of thisprovision, but no later than January 1, 2002.

SEC. 202. Notwithstanding any other provi-sion of law, the limitation on the totalamount of loans under section 7(b) of theSmall Business Act (15 U.S.C. 636(b)) out-standing and committed to a borrower in thedisaster areas declared in response to theSeptember 11, 2001, terrorist attacks shall beincreased to $10,000,000.

SEC. 203. Funds appropriated by this Actfor the Broadcasting Board of Governors andthe Department of State may be obligatedand expended notwithstanding section 313 ofthe Foreign Relations Authorization Act,Fiscal Years 1994 and 1995, and section 15 ofthe State Department Basic Authorities Actof 1956, as amended.

CHAPTER 3DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

DEFENSE EMERGENCY RESPONSE FUND


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Defense Emergency Re-sponse Fund’’, $7,242,911,000, to remain avail-able until expended, to be obligated fromamounts 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 beavailable only for biological weapons pro-liferation prevention activities under the

Former Soviet Union Threat Reduction Pro-gram, of which $30,000,000 shall be trans-ferred to ‘‘Department of State, Non-proliferation, Anti-terrorism, Demining, andRelated Programs’’ only for the purpose ofsupporting expansion of the Biological Weap-ons Redirect and International Science andTechnology Centers programs, to preventformer Soviet biological weapons expertsfrom emigrating to proliferant states and toreconfigure former Soviet biological weaponsproduction 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 theSpecial Operations Command;

(6) For initial crisis response, $108,000,000;(7) For the Pentagon Reservation Mainte-

nance Revolving Fund, $925,000,000:Provided, That none of the funds providedunder this heading in this chapter may beused for appropriations for military con-struction and military family housing.GENERAL PROVISIONS—THIS CHAPTER


SEC. 301. Amounts available in the ‘‘De-fense Emergency Response Fund’’ (the‘‘Fund’’) shall be available for the purposesset forth in the 2001 Emergency Supple-mental Appropriations Act for Recoveryfrom and Response to Terrorist Attacks onthe United States (Public Law 107–38): Pro-vided, That the Fund may be used to reim-burse other appropriations or funds of theDepartment of Defense, including activitiesof the National Foreign Intelligence Pro-gram funded in defense appropriations acts,only for costs incurred for such purposes onor after September 11, 2001: Provided further,That the Fund may be used to liquidate obli-gations incurred by the Department of De-fense under the authorities in section 3732 ofthe Revised Statutes (41 U.S.C. 11; popularlyknown as the ‘‘Food and Forage Act’’) forany costs incurred for such purposes betweenSeptember 11 and September 30, 2001: Pro-vided further, That the Secretary of Defensemay transfer to the Fund amounts from anycurrent appropriation made available in de-fense appropriations acts, only for the pur-pose of adjusting and liquidating obligationsproperly chargeable to the Fund: Providedfurther, That the authority granted in thepreceding proviso shall only be exercisedafter the Secretary of Defense makes a de-termination that amounts in the Fund areinsufficient to liquidate obligations madeusing appropriations in the Fund, and notprior to 30 days after notifying the congres-sional defense committees in writing regard-ing each proposed transfer of funds: Providedfurther, That in order to carry out the speci-fied purposes under this heading, the Sec-retary of Defense may transfer funds fromthe Fund to any defense appropriation ac-count enacted in appropriations acts, includ-ing ‘‘Support for International SportingCompetitions, Defense’’: Provided further,That the funds transferred shall be mergedwith and shall be available for the same pur-poses and for the same time period as the ap-propriation to which transferred: Providedfurther, That the transfer authority providedunder this heading is in addition to anyother transfer authority available to the De-partment of Defense: Provided further, Thatwithin 30 days of enactment of this Act, andquarterly thereafter, the Secretary of De-fense and the Director of Central Intel-ligence shall each provide to the Congress areport (in unclassified and classified form, asneeded) specifying the projects and accountsto which funds provided in this chapter areto be transferred.


SEC. 302. During the current fiscal year,amounts in or credited to the Defense Co-operation Account under 10 U.S.C. 2608(b) arehereby appropriated and shall be availablefor transfer by the Secretary of Defense tosuch appropriations or funds of the Depart-ment of Defense as he shall determine, to bemerged with and be available for the samepurposes and the same time period as the ap-propriation to which transferred: Provided,That the Secretary shall provide written no-tification to the congressional defense com-mittees 30 days prior to such transfer: Pro-vided further, That the transfer authorityprovided under this heading is in addition toany other transfer authority available to theDepartment of Defense: Provided further,That these amounts are designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985, as amended: Provided further, Thatthe Secretary of Defense shall report to theCongress quarterly on all obligations madepursuant to this authority.

SEC. 303. (a) Amounts in the appropriationaccount ‘‘Support for International SportingCompetitions, Defense’’ may be used to sup-port essential security and safety servicesfor the 2002 Winter Olympic Games in SaltLake City, Utah, under section 2564 of title10, United States Code, without the certifi-cation otherwise required under subsection(a) of that section.

(b) In connection with the provision of es-sential security and safety support to the2002 Winter Olympic Games and logisticaland security support to the 2002 WinterParalympic Games, the term ‘‘active duty’’as used in section 5802 of division A of theOmnibus Consolidated Appropriations Act,1997 (10 U.S.C. 2564 note), shall be treated asincluding State active duty and full-timeNational Guard duty performed by membersof the Army National Guard and Air Na-tional Guard.

SEC. 304. Funds appropriated by this Act,or made available by the transfer of funds inthis Act, for intelligence activities aredeemed to be specifically authorized by theCongress for purposes of section 504 of theNational Security Act of 1947 (50 U.S.C. 414).


CHAPTER 4

DISTRICT OF COLUMBIA

FEDERAL FUNDS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for a Federal payment to theDistrict of Columbia for Protective Clothingand Breathing Apparatus, to be obligatedfrom amounts made available in Public Law107–38 and to remain available until ex-pended, $12,144,209, of which $921,833 is for theFire and Emergency Medical Services De-partment, $4,269,000 is for the MetropolitanPolice Department, $1,500,000 is for the De-partment of Health, $453,376 is for the De-partment of Public Works, and $5,000,000 isfor the Washington Metropolitan Area Tran-sit Authority.

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for a Federal payment to theDistrict of Columbia for Specialized Haz-ardous Materials Equipment, to be obligated

CONGRESSIONAL RECORD — HOUSEH8508 November 28, 2001from amounts made available in Public Law107–38 and to remain available until ex-pended, $1,032,342, for the Fire and Emer-gency Medical Services Department.

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for a Federal payment to theDistrict of Columbia for Chemical and Bio-logical Weapons Preparedness, to be obli-gated from amounts made available in Pub-lic Law 107–38 and to remain available untilexpended, $10,354,415, of which $204,920 is forthe Fire and Emergency Medical ServicesDepartment, $258,170 is for the MetropolitanPolicy Department, and $9,891,325 is for theDepartment of Health.

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for a Federal payment to theDistrict of Columbia for Pharmaceuticals forResponders, to be obligated from amountsmade available in Public Law 107–38 and toremain available until expended, $2,100,000,for the Department of Health.

Notwithstanding any other provision oflaw, all amounts under this heading shall beapportioned quarterly by the Office of Man-agement and Budget. The Chief financial Of-ficer of the District of Columbia shall pro-vide quarterly reports to the President andthe Committees on Appropriations of theSenate and the House of Representatives onthe use of the funds under this heading be-ginning no later than January 2, 2002.

DISTRICT OF COLUMBIA FUNDSDIVISION OF EXPENSES

The following amounts are appropriatedfor the District of Columbia for the currentfiscal year out of the general fund of the Dis-trict of Columbia and shall remain availableuntil expended.

For Protective Clothing and Breathing Ap-paratus, to remain available until expended,$12,144,209, of which $921,833 is for the Fireand Emergency Medical Services Depart-ment, $4,269,000 is for the Metropolitan Po-lice Department, $1,500,000 is for the Depart-ment of Health, $453,376 is for the Depart-ment of Public Works, and $5,000,000 is forthe Washington Metropolitan Area TransitAuthority.

For Specialized Hazardous MaterialsEquipment, to remain available until ex-pended, $1,032,342, for the Fire and Emer-gency Medical Services Department.

For Chemical and Biological Weapons Pre-paredness, to remain available until ex-pended, $10,354,415, of which $204,920 is for theFire and Emergency Medical Services De-partment, $258,170 is for the MetropolitanPolice Department, and $9,891,325 is for theDepartment of Health.

For Pharmaceuticals for Responders, to re-main available until expended, $2,100,000, forthe Department of Health.

CHAPTER 5DEPARTMENT OF DEFENSE—CIVIL

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operation and Mainte-nance, General’’ $139,000,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.

DEPARTMENT OF THE INTERIORBUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Water and Related Re-sources’’, $30,259,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

DEPARTMENT OF ENERGYNATIONAL NUCLEAR SECURITY

ADMINISTRATION

WEAPONS ACTIVITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and for other expenses to in-crease the security of the Nation’s nuclearweapons complex, for ‘‘Weapons Activities’’,$88,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

DEFENSE NUCLEAR NONPROLIFERATION

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and for other expenses to in-crease the security of the Nation’s nuclearweapons complex, for ‘‘Defense Nuclear Non-proliferation’’, $18,000,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.ENVIRONMENTAL AND OTHER DEFENSE

ACTIVITIESDEFENSE ENVIRONMENTAL RESTORATION AND

WASTE MANAGEMENT

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Defense EnvironmentalRestoration and Waste Management’’,$8,200,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

OTHER DEFENSE ACTIVITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and for other expenses nec-essary to support activities related to coun-tering potential biological threats to civilianpopulations, for ‘‘Other Defense Activities’’,$3,500,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

CHAPTER 6DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Operation of the NationalPark System’’, $10,098,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.

UNITED STATES PARK POLICE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for the ‘‘United States ParkPolice’’, $25,295,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

CONSTRUCTION

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Construction’’, $21,624,000,to remain available until expended, to be ob-ligated from amounts made available in Pub-lic Law 107–38.

DEPARTMENTAL OFFICES



For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Salaries and Expenses’’,$2,205,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38, for the work-ing capital fund of the Department of the In-terior.

OTHER RELATED AGENCIESSMITHSONIAN INSTITUTION


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

United States for ‘‘Salaries and Expenses’’ ofthe Smithsonian Institution, $21,707,000, toremain available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

NATIONAL GALLERY OF ART


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Salaries and Expenses’’ ofthe National Gallery of Art, $2,148,000, to re-main available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

JOHN F. KENNEDY CENTER FOR THEPERFORMING ARTS

OPERATIONS AND MAINTENANCE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Operations and Mainte-nance’’ of the John F. Kennedy Center forthe Performing Arts, $4,310,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

NATIONAL CAPITAL PLANNINGCOMMISSION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Salaries and Expenses’’ ofthe National Capital Planning Commission,$758,000, to be obligated from amounts madeavailable in Public Law 107–38.

CHAPTER 7

DEPARTMENT OF LABOR

STATE UNEMPLOYMENT INSURANCE ANDEMPLOYMENT SERVICE OPERATIONS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘State Unemployment In-surance and Employment Service Oper-ations’’, $4,100,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

PENSION AND WELFARE BENEFITSADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Salaries and Expenses’’,$1,600,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION







PUBLIC HEALTH AND SOCIAL SERVICESEMERGENCY FUND

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and for other expenses nec-essary to support activities related to coun-tering potential biological, disease, andchemical threats to civilian populations, for

CONGRESSIONAL RECORD — HOUSE H8509November 28, 2001‘‘Public Health and Social Services Emer-gency Fund’’, $1,990,600,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.

DEPARTMENT OF EDUCATIONSCHOOL IMPROVEMENT PROGRAMS

For emergency expenses to provide edu-cation-related services to local educationalagencies in which the learning environmenthas been disrupted due to a violent or trau-matic crisis, for the Project School Emer-gency Response to Violence program,$10,000,000, to remain available until ex-pended, and to be obligated from amountsmade available in Public Law 107–38.

RELATED AGENCIESNATIONAL LABOR RELATIONS BOARD


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,$180,000, to remain available until expended,to be obligated from amounts made availablein Public Law 107–38.

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Limitation on Adminis-trative Expenses’’, $7,500,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

CHAPTER 8LEGISLATIVE BRANCH

LEGISLATIVE BRANCH EMERGENCY RESPONSEFUND


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, $256,081,000 to remain avail-able until expended, to be derived from theEmergency Response Fund established byPublic Law 107–38: Provided, That $34,500,000shall be transferred to ‘‘SENATE—Sergeantat Arms and Doorkeeper of the Senate’’ andshall be obligated with prior notification tothe Committee on Appropriations of the Sen-ate: Provided further, That $40,712,000 shall betransferred to ‘‘HOUSE OF REPRESENTA-TIVES—Salaries and Expenses’’ and shall beobligated with prior notification to the Com-mittee on Appropriations of the House ofRepresentatives: Provided further, That$1,000,000 shall be transferred as a grant tothe United States Capitol Historical Society:Provided further, That the remaining balanceof $179,869,000, together with any otheramounts provided to any entity in the legis-lative branch which are derived from theEmergency Response Fund established byPublic Law 107–38 and which remain unobli-gated as of the date of the enactment of thisAct (other than any amounts provided to theHouse of Representatives or Senate), shall betransferred to the Capitol Police Board, whoshall transfer to the affected entities of thelegislative branch such amounts as the Cap-itol Police Board considers appropriate, withprior notification to the Committees on Ap-propriations of the House of Representativesand Senate.

HOUSE OF REPRESENTATIVESADMINISTRATIVE PROVISIONS

SEC. 801. (a) ACQUISITION OF BUILDINGS ANDFACILITIES.—Notwithstanding any other pro-vision of law, in order to respond to an emer-gency situation, the Chief AdministrativeOfficer of the House of Representatives mayacquire buildings and facilities, subject tothe availability of appropriations, for the useof the House of Representatives by lease,

purchase, or such other arrangement as theChief Administrative Officer considers ap-propriate (including a memorandum of un-derstanding with the head of an ExecutiveAgency, as defined in section 105 of title 5,United States Code, in the case of a buildingor facility under the control of such Agency),subject to the approval of the House OfficeBuilding Commission.

(b) AGREEMENTS.—Notwithstanding anyother provision of law, for purposes of car-rying out subsection (a), the Chief Adminis-trative Officer may carry out such activitiesand enter into such agreements related tothe use of any building or facility acquiredpursuant to such subsection as the Chief Ad-ministrative Officer considers appropriate,including—

(1) agreements with the United States Cap-itol Police or any other entity relating tothe policing of such building or facility; and

(2) agreements with the Architect of theCapitol or any other entity relating to thecare and maintenance of such building or fa-cility.

(c) AUTHORITY OF CAPITOL POLICE AND AR-CHITECT.—

(1) ARCHITECT OF THE CAPITOL.—Notwith-standing any other provision of law, the Ar-chitect of the Capitol may take any actionnecessary to carry out an agreement enteredinto with the Chief Administrative Officerpursuant to subsection (b).

(2) CAPITOL POLICE.—Section 9 of the Act ofJuly 31, 1946 (40 U.S.C. 212a) is amended—

(A) by striking ‘‘The Capitol Police’’ andinserting ‘‘(a) The Capitol Police’’; and

(B) by adding at the end the following newsubsection:

‘‘(b) For purposes of this section, ‘theUnited States Capitol Buildings andGrounds’ shall include any building or facil-ity acquired by the Chief Administrative Of-ficer of the House of Representatives for theuse of the House of Representatives forwhich the Chief Administrative Officer hasentered into an agreement with the UnitedStates Capitol Police for the policing of thebuilding or facility.’’.

(d) TRANSFER OF CERTAIN FUNDS.—Subjectto the approval of the Committee on Appro-priations of the House of Representatives,the Architect of the Capitol may transfer tothe Chief Administrative Officer amountsmade available to the Architect for nec-essary expenses for the maintenance, careand operation of the House office buildingsduring a fiscal year in order to cover anyportion of the costs incurred by the ChiefAdministrative Officer during the year in ac-quiring a building or facility pursuant tosubsection (a).

(e) EFFECTIVE DATE.—This section and theamendments made by this section shallapply with respect to fiscal year 2002 andeach succeeding fiscal year.

SEC. 802. (a) Notwithstanding any otherprovision of law—

(1) subject to subsection (b), the Chief Ad-ministrative Officer of the House of Rep-resentatives and the head of an ExecutiveAgency (as defined in section 105 of title 5,United States Code) may enter into a memo-randum of understanding under which theAgency may provide facilities, equipment,supplies, personnel, and other support serv-ices for the use of the House of Representa-tives during an emergency situation; and

(2) the Chief Administrative Officer andthe head of the Agency may take any actionnecessary to carry out the terms of thememorandum of understanding.

(b) The Chief Administrative Officer of theHouse of Representatives may not enter intoa memorandum of understanding describedin subsection (a)(1) without the approval ofthe Speaker of the House of Representatives.


SEC. 803. (a) There is established in theHouse of Representatives an office to beknown as the House of Representatives Of-fice of Emergency Planning, Preparedness,and Operations. The Office shall be respon-sible for mitigation and preparedness oper-ations, crisis management and response, re-source services, and recovery operations.

(b) There is established the House of Rep-resentatives Continuity of Operations Board,comprised of the Clerk, the Sergeant-at-Arms, and the Chief Administrative Officerof the House of Representatives. The Clerkshall 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 aDirector, who shall be the head of the Officeand shall carry out the day-to-day oper-ations of the Office under the supervision ofthe Board;

(2) shall exercise, with respect to any em-ployee of the Office, the authority referredto in section 8344(k)(2)(B) of title 5, UnitedStates Code, and the authority referred to insection 8468(h)(2)(B) of title 5, United StatesCode;

(3) shall approve procurement of services ofexperts and consultants by the Office or bycommittees or other entities of the House ofRepresentatives for assignment to the Office;and

(4) may request the head of any Federal de-partment or agency to detail to the Office,on a reimbursable basis, any of the personnelof the department or agency.

(d) Until otherwise provided by law, fundsshall be available for the Office fromamounts appropriated for the operations ofthe House of Representatives.

(e) This section shall take effect on thedate of the enactment of this Act and shallapply to fiscal years beginning with fiscalyear 2002.

OTHER LEGISLATIVE BRANCHADMINISTRATIVE 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 andinserting the following: ‘‘but not to exceed$2,500 less than the lesser of the annual sal-ary for the Sergeant at Arms of the House ofRepresentatives or the annual salary for theSergeant at Arms and Doorkeeper of theSenate.’’.

(b) The Assistant Chief of the Capitol Po-lice shall receive compensation at a rate de-termined by the Capitol Police Board, butnot to exceed $1,000 less than the annual sal-ary for the chief of the United States CapitolPolice.

(c) This section and the amendment madeby this section shall apply with respect topay periods beginning on or after the date ofthe enactment of this Act.

SEC. 805. In addition to the authority pro-vided under section 121 of the LegislativeBranch Appropriations Act, 2002, at any timeon or after the date of the enactment of thisAct, the Capitol Police Board may acceptcontributions of recreational, comfort, andother incidental items and services to sup-port officers and employees of the UnitedStates Capitol Police while such officers andemployees are on duty in response to emer-gencies involving the safety of human life orthe protection of property.

SEC. 806. (a) Section 9 of the Act of July 31,1946 (40 U.S.C. 212a) is amended by adding atthe end the following new subsection:

‘‘(c)(1) For purposes of this section, ‘theUnited States Capitol Buildings andGrounds’ shall include all buildings andgrounds of the United States Botanic Gar-den, including the National Garden and Bar-tholdi Park.

CONGRESSIONAL RECORD — HOUSEH8510 November 28, 2001‘‘(2) For purposes of this section, the Joint

Committee on the Library may suspend theapplication of section 4 of this Act to thebuildings and grounds described in paragraph(1) in order to promote the interests of theUnited States Botanic Garden.’’.

(b) The amendment made by subsection (a)shall apply with respect to fiscal year 2002and each succeeding fiscal year.

SEC. 807. (a) ASSISTANCE FOR CAPITOL PO-LICE FROM EXECUTIVE DEPARTMENTS ANDAGENCIES.—Notwithstanding any other pro-vision of law, Executive departments and Ex-ecutive agencies may assist the UnitedStates Capitol Police in the same mannerand to the same extent as such departmentsand agencies assist the United States SecretService under section 6 of the PresidentialProtection Assistance Act of 1976 (18 U.S.C.3056 note), except as may otherwise be pro-vided in this section.

(b) TERMS OF ASSISTANCE.—Assistanceunder this section shall be provided—

(1) consistent with the authority of theCapitol Police under sections 9 and 9A of theAct 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 relat-ing to the Senate; or

(ii) the Sergeant at Arms of the House ofRepresentatives, in the case of any matterrelating 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 Chair-man of the Capitol Police Board.

(c) REPORTS ON EXPENDITURES FOR ASSIST-ANCE.—

(1) REPORTS.—With respect to any fiscalyear in which an Executive department orExecutive agency provides assistance underthis section, the head of that department oragency shall submit a report not later than30 days after the end of the fiscal year to theChairman of the Capitol Police Board.

(2) CONTENTS.—The report submitted underparagraph (1) shall contain a detailed ac-count of all expenditures made by the Execu-tive department or Executive agency in pro-viding assistance under this section duringthe applicable fiscal year.

(3) SUMMARY OF REPORTS.—After receipt ofall reports under paragraph (2) with respectto any fiscal year, the Chairman of the Cap-itol Police Board shall submit a summary ofsuch reports to the Committees on Appro-priations of the Senate and the House ofRepresentatives.

(d) EFFECTIVE DATE.—This section shallapply with respect to fiscal year 2002 andeach succeeding fiscal year.

SEC. 808. (a) Notwithstanding any otherprovision of law, the United States CapitolPreservation Commission established undersection 801 of the Arizona-Idaho Conserva-tion Act of 1988 (40 U.S.C. 188a) may transferto the Architect of the Capitol amounts inthe Capitol Preservation Fund establishedunder section 803 of such Act (40 U.S.C. 188a–2) if the amounts are to be used by the Archi-tect for the planning, engineering, design, orconstruction of the Capitol Visitor Center.

(b) Any amounts transferred pursuant tosubsection (a) shall remain available for theuse of the Architect of the Capitol until ex-pended.


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, stor-age space’’ and inserting ‘‘acquire, throughpurchase, lease, or other appropriate ar-rangement, property or space’’;

(2) by inserting ‘‘the United States CapitolPolice,’’ after ‘‘Representatives,’’; and

(3) by striking ‘‘as such Commission andcommittee may authorize’’ and inserting ‘‘asthe Architect deems reasonable and appro-priate’’.

(b) Nothing in the amendment made bysubsection (a) may be construed to affect theauthority provided to the Architect of theCapitol under section 128 of the LegislativeBranch Appropriations Act, 2002, to securethe property described in such section.

(c) The amendment made by subsection (a)shall apply with respect to fiscal year 2002and each succeeding fiscal year.

SEC. 810. (a) Public Law 107–68 is amendedin the item relating to ‘‘ARCHITECT OFTHE 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 enact-ment of Public Law 107–68.

SEC. 811. (a) In accordance with the author-ity described in section 308(a) of the Legisla-tive Branch Appropriations Act, 1988 (40U.S.C. 166b–3a(a)), section 108 of the Legisla-tive Branch Appropriations Act, 1991 (40U.S.C. 166b–3b), as amended by section129(c)(1) of the Legislative Branch Appropria-tions Act, 2002, is amended by adding at theend the following new subsection:

‘‘(c) The Architect of the Capitol may fixthe rate of basic pay for not more than 4 po-sitions for Executive Project Directorswhose salary is payable from project funds,at a rate not to exceed 95 percent of thehighest total rate of pay for the Senior Exec-utive Service under subchapter VIII of chap-ter 53 of title 5, United States Code, for thelocality involved.’’.

(b) The amendment made by subsection (a)shall apply with respect to pay periods be-ginning on or after October 1, 2001.

SEC. 812. (a) Public Law 107–68 is amendedby adding at the end the following:

‘‘This Act may be cited as the ‘LegislativeBranch Appropriations Act, 2002’.’’.

(b) The amendment made by subsection (a)shall take effect as if included in the enact-ment of Public Law 107–68.

CHAPTER 9

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Military Construction,Army’’, $55,700,000, to remain available untilexpended: Provided, That these funds shall beobligated from amounts made available inPublic Law 107–38.

MILITARY CONSTRUCTION, NAVY

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Military Construction,Navy’’, $2,000,000, to remain available untilexpended: Provided, That these funds shall beobligated from amounts made available inPublic Law 107–38.

MILITARY CONSTRUCTION, AIR FORCE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Military Construction,Air Force’’, $47,700,000, to remain availableuntil expended: Provided, That these fundsshall be obligated from amounts made avail-able in Public Law 107–38.

GENERAL PROVISIONS—THIS CHAPTER(INCLUDING TRANSFER OF FUNDS)

SEC. 901. The Secretary of Defense maytransfer to the ‘‘Defense Emergency Re-sponse Fund’’ amounts appropriated in Mili-tary Construction Appropriations Acts onlyif the Secretary makes a determination thatamounts in the Fund are insufficient tocarry out needed military constructionprojects. In exercising the transfer authorityprovided by this section, the Secretary ofDefense shall first transfer unobligated bal-ances remaining from fiscal year 2001 andearlier fiscal years before transferring anyamounts appropriated in the Military Con-struction Appropriations Act, 2002. Amountsso transferred shall be available solely formilitary construction projects, including ac-tivities described in section 2802(b) of title10, United States Code. At least 10 days priorto each such transfer, the Secretary of De-fense shall notify the appropriate defensecommittees, shall provide an accompanyingform 1391, and shall describe the source offunds from which the transfer is derived.

SEC. 902. Amounts made available to theDepartment of Defense from funds appro-priated in Public Law 107–38 and this Actmay be used to carry out military construc-tion projects not otherwise authorized bylaw that the Secretary of Defense determinesare necessary to respond to or protectagainst acts or threatened acts of terrorism.At least 10 days prior to carrying out suchmilitary construction project, the Secretaryshall notify the appropriate defense commit-tees and shall provide an accompanying form1391.

CHAPTER 10DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARYSALARIES AND EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,$458,000, to remain available until expended,to be obligated from amounts made availablein Public Law 107–38.TRANSPORTATION SECURITY ADMINISTRATION

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for the ‘‘Transportation Secu-rity Administration’’, $15,000,000, to remainavailable until September 30, 2002, to be obli-gated from amounts made available in Pub-lic Law 107–38: Provided, That obligation offunds under this heading is subject to enact-ment of legislation authorizing the estab-lishment of such office.

AIRCRAFT PASSENGER AND BAGGAGESCREENING ACTIVITIES

For necessary expenses of the Secretary ofTransportation to carry out responsibilitiesfor the screening of passengers and propertyon passenger aircraft in air transportationthat originates in the United States or intra-state air transportation that, on September11, 2001, was performed by an employee oragent of an air carrier, intrastate air carrier,or foreign air carrier, $1,000,000,000, to re-main available until expended: Provided,That none of the funds under this headingmay be obligated or expended until enact-ment of legislation authorizing: (1) the con-duct of such activities, whether by contract,grant, or direct federal personnel, by an or-ganization within the Department of Trans-portation other than the Federal AviationAdministration; (2) the collection of pas-senger and baggage screening user fees de-signed to offset the cost of these activities;and (3) the crediting of the fees as offsettingcollections to the account financing the ac-tivities and services for which the fee is im-posed: Provided further, That the sum herein

CONGRESSIONAL RECORD — HOUSE H8511November 28, 2001appropriated shall be reduced, on a dollar fordollar basis, as such offsetting collectionsare received, so as to result in a final fiscalyear 2002 appropriation of zero.

COAST GUARDOPERATING EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operating Expenses,’’$144,913,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

FEDERAL AVIATION ADMINISTRATIONOPERATIONS


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operations,’’ $291,500,000,to be derived from the Airport and AirwayTrust Fund and to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

FACILITIES AND EQUIPMENT


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Facilities and Equip-ment’’, $175,000,000, to be derived from theAirport and Airway Trust Fund and to re-main available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

FEDERAL HIGHWAY ADMINISTRATIONFEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for the ‘‘Emergency ReliefProgram’’ as authorized by section 125 oftitle 23, United States Code, $75,000,000, to bederived from the Highway Trust Fund and toremain available until expended, to be in-cluded in the total of amounts made avail-able in Public Law 107–38.FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Safety and Operations,’’$6,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

FEDERAL TRANSIT ADMINISTRATIONFORMULA GRANTS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Formula Grants,’’$23,500,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

RESEARCH AND SPECIAL PROGRAMSADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Research and SpecialPrograms,’’ $2,500,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

RELATED AGENCYNATIONAL TRANSPORTATION SAFETY

BOARDSALARIES AND EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses,’’$465,000, to remain available until expended,to be obligated from amounts made availablein Public Law 107–38.

CHAPTER 11DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

TREASURY INSPECTOR GENERAL FOR TAXADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,$2,032,000, to remain available until ex-pended, to be obligated from amounts madeavailable by Public Law 107–38.

FINANCIAL CRIMES ENFORCEMENT NETWORK



FEDERAL LAW ENFORCEMENT TRAININGCENTER



ACQUISITION, CONSTRUCTION, IMPROVEMENTSAND RELATED EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Acquisition, Construc-tion, Improvements, and Related Expenses’’,$8,500,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38: Provided,That, in order to expedite the acquisition ofarchitectural and engineering services forthe construction of facilities at the Chelten-ham, Maryland, training facility, the Fed-eral Law Enforcement Training Center mayprocure such services without regard to (1)the competition requirements of section 303of the Federal Property and AdministrativeServices Act of 1949 (41 U.S.C. 253); (2) the 6percent fee limitation on such services setforth in section 304(b) of such Act (41 U.S.C.254(b)); and (3) the procurement notice re-quirements of section 18 of the Office of Fed-eral Procurement Policy Act (41 U.S.C. 416).BUREAU OF ALCOHOL, TOBACCO AND FIREARMS


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,$31,431,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38, of which$5,200,000 may be used for necessary expensesof site acquisition, construction, operations,maintenance and repair of the special pur-pose canine training facilities in FrontRoyal, Virginia.

UNITED STATES CUSTOMS SERVICE


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and Expenses’’,to meet requirements, including technology,along the northern border and at criticalseaports, $160,146,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.

In addition, for an additional amount for‘‘Salaries and Expenses’’ for response and re-covery costs, a commercial backup facilityand enhanced security for the NewingtonData Center, and additional staffing and of-fice expenses for anti-money laundering andforeign operations, $141,613,000, to remain

available until expended, to be obligatedfrom amounts made available in Public Law107–38.OPERATION, MAINTENANCE AND PROCUREMENT,

AIR AND MARINE INTERDICTION PROGRAMS

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Operation, Maintenanceand Procurement, Air and Marine Interdic-tion Programs’’, $6,700,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38.

INTERNAL REVENUE SERVICE

TAX LAW ENFORCEMENT

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Tax Law Enforcement’’,$4,544,000, to remain available until ex-pended, to be obligated from amounts madeavailable by Public Law 107–38.

UNITED STATES SECRET SERVICE



INDEPENDENT AGENCIESGENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited Stats, for ‘‘Federal Buildings fund’’,$87,360,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

CHAPTER 12DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘General operating ex-penses’’, $2,000,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENTMANAGEMENT AND ADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Office of Inspector Gen-eral’’, $1,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

INDEPENDENT AGENCIESENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Science and technology’’,$10,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States for ‘‘Environmental programsand management’’, $140,360,000, to remainavailable until expended, to be obligatedfrom amounts made available in Public Law107–38.

HAZARDOUS SUBSTANCE SUPERFUND

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, and to support activities re-lated to countering terrorism, for ‘‘Haz-ardous substance superfund’’, $5,800,000, to

CONGRESSIONAL RECORD — HOUSEH8512 November 28, 2001remain available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38.

STATE AND TRIBAL ASSISTANCE GRANTS

For making grants for emergency expensesto respond to the September 11, 2001, ter-rorist attacks on the United States, and tosupport activities related to countering po-tential biological and chemical threats topopulations, for ‘‘State and tribal assistancegrants’’, $5,000,000, to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Disaster relief’’,$4,345,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

EMERGENCY MANAGEMENT PLANNING ANDASSISTANCE

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Emergency managementplanning and assistance’’, $35,000,000, to re-main available until expended, to be obli-gated from amounts made available in Pub-lic Law 107–38, of which not less than$10,000,000 shall be available for support ofthe 2002 Winter Olympics.


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Salaries and expenses’’,$30,000,000 to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38 of which notless than $10,000,000 shall be used to enhancethe capabilities of the National Security Di-vision.

NATIONAL AERONAUTICS AND SPACEADMINISTRATION

HUMAN SPACE FLIGHT

For emergency expenses to respond to theSeptember 11, 2001, terrorist attack on theUnited States, for ‘‘Human space flight’’,$81,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Science, aeronautics andtechnology’’, $36,500,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38.


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Office of Inspector Gen-eral’’, $3,000,000, to remain available until ex-pended, to the obligated from amounts madeavailable in Public Law 107–38.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Research and related ac-tivities’’, $300,000 to remain available untilexpended, to be obligated from amountsmade available in Public Law 107–38.

CHAPTER 13

GENERAL PROVISION—THIS DIVISION

SEC. 1301. No part of any appropriationcontained in this division shall remain avail-able for obligation beyond the current fiscalyear unless expressly provided so herein.

CHAPTER 14ADDITIONAL EMERGENCY RELIEF AND

RECOVERY PROVISIONS—DEPART-MENT OF HEALTH AND HUMAN SERV-ICES

CENTERS FOR DISEASE CONTROL ANDPREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Disease Control, Re-search, and Training’’ for baseline safetyscreening for the emergency services per-sonnel and rescue and recovery personnel$12,000,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTALHEALTH SCIENCES

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited Stats, for ‘‘National Institute of En-vironmental Health Sciences’’ for carryingout activities set forth in section 311(a) ofthe Comprehensive Environmental Response,Compensation, and Liability Act of 1980,$10,500,000, to remain available until ex-pended, to be obligated from amounts madeavailable in Public Law 107–38.DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENTCOMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

for emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Community DevelopmentFund’’, $1,825,000,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38: Provided, That such funds shall be subjectto the first through sixth provisos in section434 of the Departments of Veterans Affairsand Housing and Urban Development, andIndependent Agencies Appropriations Act,2002: Provided further, That, of the amountprovided in this paragraph, $10,000,000 shallbe used for a program to aid the travel andtourism industry in New York City.

DEPARTMENT OF LABOREMPLOYMENT AND TRAINING ADMINISTRATION


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Training and Employ-ment Services’’, $32,500,000, to remain avail-able until expended, to be obligated fromamounts made available in Public Law 107–38: Provided, That such amount shall be pro-vided to the Consortium for Worker Edu-cation, established by the New York CityCentral Labor Council and the New YorkCity Partnership, for an Emergency Employ-ment Clearinghouse.

STATE UNEMPLOYMENT SECURITY OFFICE

WORKERS COMPENSATION PROGRAMS


For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for ‘‘Workers CompensationPrograms’’, $175,000,000, to remain availableuntil expended, to be obligated fromamounts made available in Public Law 107–38: Provided, That, of such amount,$125,000,000 shall be for payment to the NewYork State Workers Compensation ReviewBoard, for the processing of claims related tothe terrorist attacks: Provided further, That,of such amount, $25,000,000 shall be for pay-ment to the New York State Uninsured Em-ployers Fund, for reimbursement of claimsrelated to the terrorist attacks: Provided fur-ther, That, of such amount, $25,000,000 shall

be for payment to the New York State Unin-sured Employers Fund, for reimbursement ofclaims related to the first response emer-gency services personnel who were injured,were disabled, or died due to the terrorist at-tacks.

POINTS OF ORDER

The CHAIRMAN. Are there points oforder against the bill?

Mr. YOUNG of Alaska. Mr. Chair-man, I reserve a point of order againstthe language ‘‘to be derived from theAirport and Airway Trust Fund’’ foundon page 183, beginning on line 24 andcontinuing on line 25, and also the lan-guage on page 184, lines 7 and 8.

The CHAIRMAN. Does the gentlemanfrom Alaska make the point of order?

Mr. YOUNG of Alaska. I reserve thepoint of order, Mr. Chairman.

Mr. Chairman, I would like to engagein a colloquy with the chairman of theCommittee on Appropriations.

The CHAIRMAN. The Chair firstneeds to rule on the point of order.

Does any other Member wish to beheard on the point of order?

Mr. LIPINSKI. Mr. Chairman, I havetwo points of order to make againstthe bill.

The CHAIRMAN. The gentlemanfrom Illinois will suspend. The Chair isalready considering a point of order.

Does the gentleman wish to addressthe point of order raised by the gen-tleman from Alaska on page 183?

Mr. LIPINSKI. Yes, I do, Mr. Chair-man.

The CHAIRMAN. The gentleman maycontinue.

Mr. LIPINSKI. I want to hear whathe is going to say, because I am pre-pared to object, or I intend to object towhat he wants to do. I intend to objectto another portion of the bill, also. Iam prepared to make my two points oforder at the present time.

Mr. YOUNG of Alaska. Mr. Chair-man, I think I take precedence overthis.

The CHAIRMAN. The point of orderis pending on page 183, beginning online 24 and line 25. Does any Memberwish to address the point of order atthat point?

Mr. LIPINSKI. I am raising a point oforder on that point, saying that we arelegislating on an appropriations bill. Iam prepared to hear what the gen-tleman from Alaska (Mr. YOUNG) has tosay and the gentleman from Florida(Mr. YOUNG) has to say, but I reservemy ability to object to this portion ofthe bill.

The CHAIRMAN. The gentlemanfrom Alaska (Mr. YOUNG) has made hisargument on the point. The Chair isprepared to rule on the point of order.

Mr. LIPINSKI. Mr. Chairman, I raisea point of order against the languageto be derived from the Airport and Air-way Trust Fund, and on page 183, lines24 and 25, the language constitutes anunauthorized appropriation and is aviolation of clause 2(a) of rule XXI.

PARLIAMENTARY INQUIRY

Mr. YOUNG of Alaska. Parliamen-tary inquiry, Mr. Chairman.

CONGRESSIONAL RECORD — HOUSE H8513November 28, 2001The CHAIRMAN. The gentleman

from Alaska will state his parliamen-tary inquiry.

Mr. YOUNG of Alaska. Mr. Chair-man, I believe I was recognized first. Ialso believe I have the right to indulgein a colloquy with the chairman, if heso 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 lastword after the ruling of the Chair onthe point of order.

The Chair is prepared to rule on thepoint of order. The gentleman fromAlaska (Mr. YOUNG) makes a point oforder that the language ‘‘to be derivedfrom the Airport and Airway TrustFund and’’ on page 183, line 24 and 25,constitutes an unauthorized appropria-tion in violation of clause 2(a) of ruleXXI.

The provision would provide thatfunding for Federal Aviation Adminis-tration operations ‘‘be derived from theAirport and Airway Trust Fund.’’While authorization in law may existfor this funding from general revenues,no specific authorization in law existsfor this funding to be derived from thetrust fund. This is consistent with therulings of the Chair of September 23,1993, and June 26, 2001.

The Chair finds that the provision isnot supported by an authorization inlaw. The point of order is sustained andthe provision is stricken.

Mr. YOUNG of Alaska. Mr. Chair-man, I move to strike the last word.

The CHAIRMAN. Are there otherpoints of order?

Mr. LIPINSKI. I have another pointof order, Mr. Chairman.

The CHAIRMAN. The gentleman willsuspend. The Chair will complete itsstatement.

Are there any other points of orderagainst the provision?

POINTS OF ORDER

Mr. PETRI. Mr. Chairman, I have apoint of order.

The CHAIRMAN. The gentlemanfrom Wisconsin (Mr. PETRI) is recog-nized.

Mr. PETRI. Mr. Chairman, I make apoint of order against the language ‘‘tobe derived from the Highway TrustFund and’’ found on page 184, beginningon line 18 and continuing on line 19, ifI may be heard on the point of order.

The CHAIRMAN. The gentleman mayproceed.

Mr. PETRI. This language appro-priates $75 million from the HighwayTrust Fund for the Federal highwayemergency relief program to respond tothe attack on September 11.

While I support the administration’srequest for emergency relief highwayfunding to repair and reconstruct eligi-ble highways, roads, and bridges thatwere damaged in these attacks.

This approach constitutes an unau-thorized earmarking of funds. The lan-guage constitutes an unauthorized ap-propriation in violation of clause 2(a)

of rule XXI, and I request a ruling ofthe Chair.

The CHAIRMAN. Is there any otherMember who wishes to be heard on thatpoint of order?

The Chair is prepared to rule on thepoint of order by the gentleman fromWisconsin (Mr. PETRI).

The gentleman from Wisconsinmakes a point of order that the lan-guage ‘‘to be derived from the HighwayTrust Fund and’’ on page 184, lines 18and 19, constitutes an unauthorized ap-propriation in violation of clause 2(a)of rule XXI.

The provision would provide thatfunding for the Federal Highway Ad-ministration Federal aid highwaysemergency relief program ‘‘be derivedfrom the Highway Trust Fund.’’

While authorization in law may existfor this funding from general revenues,no specific authorization in the law ex-ists for this funding to be derived fromthe trust fund. This is consistent withthe rulings of the Chair on September23, 1993, and June 26, 2001.


Mr. LIPINSKI. Mr. Chairman, I havea point of order against the bill.

Mr. Chairman, I raise a point of orderagainst the language ‘‘to be derivedfrom the Airport and Airway TrustFund’’ on page 184, lines 7 and 8. Thelanguage constitutes an unauthorizedappropriation. It is in violation ofclause 2(a) of rule XXI.

The CHAIRMAN. Is there anotherMember who wishes to be heard on thepoint of order?

The Chair is prepared to rule. Thegentleman from Illinois (Mr. LIPINSKI)makes a point of order that the lan-guage ‘‘to be derived from the Airportand Airway Trust Fund and’’ on page184, lines 7 and 8, constitutes an unau-thorized appropriation in violation ofclause 2(a) of rule XXI. The provisionwould provide that ‘‘funding for Fed-eral Aviation Administration facilitiesand equipment be derived from the Air-port and Airway Trust Fund.’’

While authorization in law may existfor this funding from general revenues,no specific authorization in law existsfor this funding to be derived from thetrust fund. This is consistent with therulings of the Chair of September 23,1993, and June 26, 2001.


Mr. YOUNG of Alaska. Mr. Chair-man, I move to strike the last word.

Mr. Chairman, I would just like toaddress my colleagues for a moment. Italked to the gentleman from Min-nesota (Mr. OBERSTAR) and I talked tothe gentleman from Florida (Mr.YOUNG), and we were not going to in-sist on the point of order with the avia-tion money. I will tell the Memberswhy, although it is in our jurisdictionof our committee.

We passed the security bill last week,and I am very proud of it. It also needsto be funded. I thought it would betime now to try to put this behind usand get this screening system in place,get the screeners in place, get theequipment in place, and achieve whatwe sought to do a week ago Friday.

It has been decided not to do that byMembers of the Committee. But I dobelieve the gentleman from Florida(Mr. YOUNG) and I dealt honorably to-gether. I thought we had reached anagreement on the aviation part of thelegislation; we had not on the highwaypart of the legislation.

I just urge my colleagues to under-stand one thing: We have to fund thisprogram. It has to be funded. We haveto get it done.

Members heard about Mr. SecretaryMineta saying he doubts he can meetthe 60-day requirement. He is probablycorrect. We will do everything possible,but he needs the money to do it.

May I suggest respectfully, the otherthing that can happen if he does not doit, the faith of the flying public will beeroded. We have to act very rapidly tofund this. I believe the chairman of theCommittee on Appropriations was try-ing to do that.

I do think the White House, veryfrankly, the administration, did notcommunicate that need to our com-mittee. It did not inform us that this isvery, very important, and frankly, Idid not know about this until yester-day afternoon. I suggested to them andto the gentleman from Florida (Mr.YOUNG) that the communication in thefuture be more evident and more forth-with, so we can reach a mutual agree-ment, so we can solve the problem.

The points of order have been upheld;I understand that, and I am not goingto delay it any longer. But the realityis that if we do not recognizes the needto fund the screeners, marshals, and allthe other things that were in that secu-rity bill, we are not doing ourselvesany favor, nor the flying public.

So I urge Members to consider that.Later on down the road we can and wewill make sure this is properly funded.

Mr. YOUNG of Florida. Mr. Chair-man, will the gentleman yield?

Mr. YOUNG of Alaska. I yield to thegentleman from Florida.

Mr. YOUNG of Florida. I thank thegentleman for yielding.

Mr. Chairman, I regret that thepoints of order were raised because ofthe important message that my col-league, the gentleman from Alaska(Mr. YOUNG), has mentioned: the im-portance of funding these importantprograms.

I want to say that it was a real privi-lege and pleasure to work with himmost of today to come to an agree-ment, and I wanted to say to him forthe RECORD that regardless of the factthat points of order were raised thatwere not consistent with that agree-ment, that I will keep the agreementthat the gentleman and I reached per-sonally as this bill proceeds throughthe conference.

CONGRESSIONAL RECORD — HOUSEH8514 November 28, 2001Mr. YOUNG of Alaska. I thank the

gentleman, because this goes forth tothe Senate side, or, I should mention,the other body. God knows what isgoing to happen on that side.

Again, I say to my good friends, wemust fund these projects. For thosewho have not gone over to the com-mittee room, anybody on this floor lis-tening to this telecast, look at thetechnology that is available, that isbeing shown there today. But it takesmoney to build those machines. Weneed those machines.

The battle last week or 1–11⁄2 weeksago was all over federalization. Thebattle should be, can we rise to the oc-casion through technology. I believe wecan do that.

Go over and see what is there rightnow. The reason we have not used it,very frankly, is the FAA has been drag-ging their feet for the last 10 or 15years. Under this bill we have passed, Ibelieve the Secretary of Security candemand and issue the permits for thepurchase of those pieces of equipment,but we need the money to do it.

I thank the gentleman, the chairmanof the Committee on Appropriations,and the gentleman from California (Mr.LEWIS) for a fine defense bill. I thinkthis is a bill to be proud of, regardlessof what has been said on the floor. Wemust get past this bill and move it for-ward.

Mr. OBERSTAR. Mr. Chairman, Imove to strike the last word.

Mr. Chairman, I appreciate the dif-ficult position the chairman of ourcommittee was in in this process,wanting to accomplish the right thingfor aviation security, but also con-strained by the appropriation process.

Now, striking that provision does notstrike the money.

b 1700

The money is available. It is just thesource of money. Now, when this bodymoved in the immediate aftermath ofSeptember 11 to appropriate the $40 bil-lion, it was clearly understood $20 bil-lion of that was to be set aside for NewYork and another $20 billion was to beused for other purposes. And it was alsomade clear by the executive branch andspecifically by the Secretary of Trans-portation that one of the first meas-ures to be instituted in aviation secu-rity would be to bring sky marshalsaboard domestic flights; and that thefunding for those sky marshals wouldcome out of this $20 billion of the ini-tial $40 billion.

It does not seem reasonable to me toraid the Aviation Trust Fund, to dothat when there was already commit-ment to take those dollars out of an-other source. But I understood the dif-ficult position that our committeechairman was in. I want to see if therewould be a commitment from the Com-mittee on Appropriations that theseAviation Trust Fund dollars would berestored and in what way and in whattime. But our ranking member feltvery strongly about this matter that

we worked on a bipartisan basis in thelast Congress to fashion and enact Air21 with the firewalls to understandthose dollars would not be raided forother purposes.

We do not know what specificallythose dollars are going to go for fromthe Aviation Trust Fund. It would havebeen good to have an elucidation onthat. I regret that I was not on thefloor at that time. I confess I had ameeting with the Federal Highway Ad-ministrator talking about other mat-ters, and I rushed over as soon as I con-cluded that meeting.

Mr. Chairman, I yield to the gen-tleman from Illinois (Mr. LIPINSKI), thedistinguished ranking member of theSubcommittee on Aviation.

Mr. LIPINSKI. Mr. Chairman, Ithank the ranking member of the fullcommittee for yielding.

Mr. Chairman, I simply want to sayfirst of all that I was not party to anyagreement. I was aware of the situa-tion in this bill. I felt it was inappro-priate and against the rules to takethis money out of the Highway TrustFund. I want everyone to know herethat any agreements they had I wasnot party to. I also want everyone toknow that this was my initiative andmy initiative alone. I felt very stronglyabout it.

If I have ruffled any feathers andupset any agreements over here, that isunfortunate; but nevertheless, I feltvery strongly about it so I moved inthat direction.

Mr. Chairman, I thank the gentlemanfor yielding to me.

Mr. OBERSTAR. Mr. Chairman, Ithink that the important work of theaviation security measure that we en-acted which is now law can go forward.It is unfortunate that some sky mar-shals, frankly, have not been paid. Ihave been made aware of situationswhere sky marshals have performedtheir job now for several weeks buthave not been paid and that is becausethe $20 billion fund has not been madeavailable for this purpose because itwas not a specific authorization.

Now, the bill before us is supposed tohave a specific authorization to dothese things. It was not our under-standing that the Aviation Trust Fundwas to be raided for this purpose. Inthe Aviation Security Act it provided a$2.50 airline ticket surcharge that inthe coming years is estimated to raisebetween $800 million and $1,200,000,000depending on when that fee is actuallyput into effect; and in the followingyear, a full year of operation, that feewould raise $2.65 billion.

That is enough money to fund thesepurposes. But we should not raid thetrust fund which is needed now morethan ever before for the runway im-provements, taxiway improvementsand the investment dollars that areneeded at this most critical time foraviation to get back on its feet.

I appreciate again the very difficultposition the chairman was in. I wishthat we had been involved at an early

stage of this process on this side sosome of our concerns could have beentaken into consideration.

AMENDMENT NO. 3 OFFERED BY MR. FILNER

Mr. FILNER. Mr. Chairman, I offeran amendment.



Amendment No. 3 offered by Mr. FILNER:In title X (the emergency supplemental

provisions), in the item relating to ‘‘DE-PARTMENT OF JUSTICE—IMMIGRATION ANDNATURALIZATION SERVICE—SALARIES AND EX-PENSES’’, insert before the period at the endthe following:

Provided, That, of the amount providedunder this heading, $20,000,000 shall be for thehiring of additional inspectors for the UnitedStates-Mexico border to respond to increasedsecurity needs and to maintain the max-imum number of border inspection lanesopen while providing the maximum amountof security for the United States.

Mr. LEWIS of California. Mr. Chair-man, I reserve a point of order.

Mr. FILNER. My amendment, Mr.Chairman, refers to the southern bor-der of the United States.

We know the tragedies that had af-flicted this country of September 11,especially on New York City; and argu-ments have been made on this floorvery eloquently this afternoon aboutthe need for help for New York City.The ripple effect of those attacks af-fected our whole Nation. And similararguments can be made for other sec-tors of our country, other sectors ofour economy. For example, the in-creased security that was called forafter September 11 on our borders re-quired what we call a level-one alert.

Level-one alert means that every in-dividual, every vehicle is going to bestopped, inspected, trunk opened up,questions asked, information enteredinto a computer, questions askedagain. That process of level-one alerttakes time.

And what has occurred at the south-ern border is because of the time thatis required for this increased security,which everybody supports and every-body wants, is that the waiting periodfor legal people to cross the borderfrom Mexico into the United States hasincreased to an hour, 2 hours, 4 hours,sometimes 8 hours at a time. Thatwaiting time for people to cross theborder legally has devastated theeconomies of communities along theborder.

I represent San Diego, California,which has the busiest border crossingbetween any two countries in theworld. But what I say today refers alsoto Calexico, California; to Nogales, Ari-zona; to El Paso, Texas; to Brownsville,Texas. The border economies have de-pended on that legal crosser for theirbusiness. Anywhere from 50 to 90 per-cent of economic activity has been cutsince September 11.

Now, nobody on the border wants ter-rorists to cross. Everybody supportsthe level-one security concerns. Butwhat is needed if we are going to spend

CONGRESSIONAL RECORD — HOUSE H8515November 28, 2001the time on level-one alert is to pro-vide the resources to the CustomsService and the Immigration and Natu-ralization Service to carry out theseinspections.

We have 24 crossing gates at the SanYsidro border-crossing in San Diego.Sometimes a couple of them are open,sometimes six or 12. Why not openthem all? Why not open them all 24hours a day? We could have both thelevel-one security and the quick timethat is required to keep the flow mov-ing.

People who want to shop in SanDiego or in Calexico or Nogales or inBrownsville or in El Paso do not crossthe border because it takes too long.People cannot cross the border fortheir jobs. People cannot cross the bor-der to go to school. Let us open all thelanes 24 hours a day.

According to my discussions with theINS, the increased number of positionsto do the level-one security and to keepthe flow at a reasonable rate wouldcost about $20 million, $20 million.That seems like in the context of thediscussions we have had today almostminuscule. We have talked about bil-lions here and billions there. All I amsaying is let us allocate within thebudget, Mr. Chairman, allocate withinthat budget $20 million to inspectors tohelp us deal with the border crossings.

We can have security. We can havethe commercial flow that is absolutelynecessary. Businesses along the border,these are mom and pop businesses.These are people who are having trou-ble keeping the mortgage going ontheir rents, who are having troublekeeping employees hired, having trou-ble meeting the utility payments. It isdevastating the border communities, infact, devastating much of the city ofSan Diego. Three billion dollars a yearof our economy in San Diego comesfrom the legal shopper from Mexico.

So let us keep terrorists out. Let uskeep security high, but let us keep theflow necessary for commercial activ-ity. Let us reallocate within the budg-et, Mr. Chairman, $20 million to makesure that the southern border is prop-erly staffed. The bill has $165 millionfor the northern border. Let us put in20 extra for the southern border. I donot think that is too much to ask.

Mr. ORTIZ. Mr. Chairman, I join my goodfriend from California and thank him for hiswork with the Border Caucus and his diligenceto find ways to accommodate the free flow ofcommerce along the Southwestern border.

It is not new for border members to let theHouse know when our infrastructure does notmeet our transportation and trade needs. Butat this point, it is less the need for more infra-structure—we simply need to be able to usewhat we already have. It does us no good tohave 4–5 lane U.S.-Mexico bridges if we haveonly enough personnel to operate a couple ofthose lanes.

This House would be appalled if you couldsee the staggering lines of traffic waiting touse a fraction of lanes on a bridge . . . onlybecause we do not have the personnel to staffthem. Imagine coming across a bridge from

Virginia using only one lane, while perfectlygood lanes go unused. That’s what we face atour nation’s border crossings. The border is ina crisis, Mr. Chairman.

It is the front door to the North Americanmarkets—yet right now it is the front door tochaos and congestion. As a border represent-ative, I understand—more than you can pos-sibly imagine—the recent attitude in the Con-gress that while we are at war, our bordersshould be harder to cross—not easier. That’sbunk.

Open borders and free-flowing commerceare a large part of what this country is about.And I might remind my colleagues, respect-fully, that the terrorists who visited the terroron our nation came across the northern bor-der, not the southern. We have addressed thatalready through the PATRIOT Act, and thisamendment does not affect those inspectorson the northern border. But we failed to focusour attention on the border traffic that is bestcharacterized by the extraordinarily long waitsat our front door. Well, we have to put out abetter welcome mat than that, my friends. Thisaddresses not only our democratic tendencies,but a fundamental principle of our economy aswell.

Mr. Chairman, we are in real trouble on theborder. That’s hardly a new position for us; butthe increased security after the 11th has madean already bad situation much worse. One ofthe issues that has contributed to the sufferingon the border is Congress’ insistence that bor-der crossers now use biometric laser visas.The deadline to get the new visas passedSept. 30, and many border residents can nolonger cross to shop, go to school, or gethealth care.

Let’s forget for a moment that the INS doesnot have enough equipment to scan the bio-metric components, which is bad enough. Butwithout an extension to the now-passed dead-line, these people simply won’t be participantsin our economy until well into 2002 when theycan get replacement cards. The truck trafficpassing over our bridges is nearly always des-tined for points far beyond the border. Thatleaves us with nothing.

I understand the chair’s ruling on theamendment and we will not press this here,but let the members of the House hear ourmessage: We are in trouble on this and weneed enough inspectors on the bridges and anextension for laser visa compliance to mitigatethe damage to the border economy.

Mr. FILNER. Mr. Chairman, I yieldback the balance of my time.

POINT OF ORDER

Mr. LEWIS of California. Mr. Chair-man, as empathetic as I am to the gen-tleman’s causes here, I think we havedone a very balanced job in this overallpackage. Therefore, I make a point oforder against the amendment becauseit provides an appropriation for an un-authorized program and, therefore, vio-lates clause 2 of rule XXI.

Clause 2 of rule XXI states in perti-nent part: ‘‘An appropriation may notbe in order as an amendment for an ex-penditure not previously authorized bylaw.’’ Mr. Chairman, the authorizationfor this program has not been signedinto law. The amendment, therefore,violates clause 2 of rule XXI. I ask fora ruling of the Chair.

The CHAIRMAN. Does the gentlemanfrom California wish to be heard on thepoint of order?

Mr. FILNER. Mr. Chairman, yes, Ido.

The CHAIRMAN. The gentleman mayproceed.

Mr. FILNER. Mr. Chairman, the gen-tleman from California (Mr. LEWIS) re-fers to a rule which in the normalcourse of things is completely under-standable. The gentleman from Cali-fornia (Mr. LEWIS) knows there are ahundred items in his bill that do notfollow the rule that he just stated. Heknows that a hundred items not au-thorized are appropriated in this bill.

The gentleman from California (Mr.LEWIS) says he is empathetic with myarguments. It is an emergency. It is adisaster. Some of the same argumentwe heard from New York City on a less-er scale and on a lesser visibility areoccurring on the southern border com-munities.

All that we are saying is not askingfor money to just reallocate; make sureit is reallocated to these deservingcommunities which are dying, and takeinto account we have a disaster. WhatI am asking is no different than a hun-dred other folks have asked in yourbill. So let this one go and help theborder communities survive.


The amendment proposes to earmarkcertain funds in the bill. Under clause2(a) of rule XXI, such an earmarkingmust be specifically authorized by law.The burden of establishing the author-ization in law rests with the proponentof the amendment.

Finding that this burden has notbeen carried, the point of order is sus-tained. The amendment is not in order.

AMENDMENT OFFERED BY MR. LA TOURETTE

Mr. LATOURETTE. Mr. Chairman, Ioffer an amendment.

The Clerk read as follows:Amendment offered by Mr. LATOURETTE:Pages 168 through 170, strike section

801 of the bill, and redesignate subse-quent sections accordingly.

Mr. LATOURETTE. Mr. Chairman,this is the first of two amendmentsthat we may offer and coauthored bythe gentleman from Illinois (Mr.COSTELLO), the ranking member of oursubcommittee. One has to do in section801, the other one in section 809, is aspecific usurpation of the jurisdictionof the Committee on Transportationand Infrastructure.

Specifically, section 801 would au-thorize the chief administrative officerof the House to acquire buildings andfacilities for the House of Representa-tives in the event of an emergency sit-uation, and section 809 would perma-nently authorize the Architect of theCapitol to purchase property for use bythe House, the Senate and the Capitolpolice.

The Committee on Transportationand Infrastructure has a long historyof reviewing legislation pertaining to

CONGRESSIONAL RECORD — HOUSEH8516 November 28, 2001the Capitol grounds, to authorize theArchitect of the Capitol to acquire fa-cilities for the Library of Congress, theLibrary of Congress storage facility,for the Senate page school, for the Jap-anese-American patriotism memorialon the Senate side, for the Capitol visi-tors center, and even for the sale of 501First Street.

The legislative language in this ap-propriations bill causes us some con-cern; and with the acquiescence of thedistinguished chairman of the full com-mittee, I would like to engage in a col-loquy, if I may on my time.

Mr. Chairman, as the chairman of theSubcommittee on Economic Develop-ment, Public Buildings and EmergencyManagement, I have serious concernover the authorization language relat-ing to the lease, purchase or the acqui-sition of buildings and facilities grant-ed to the Chief Administrative Officerof the House and the Architect of theCapitol. It is my understanding theseprovisions are intended to relate toitems arising only from the September11 attacks and other October biologicalevents.


Mr. LATOURETTE. I yield to thegentleman from Florida.

Mr. YOUNG of Florida. Mr. Chair-man, I would say that the languagethat the gentleman refers to is in-cluded to allow the House of Represent-atives to continue planning for futurecontingencies and continuity of oper-ations.

Section 809 of the bill, which the gen-tleman from Ohio (Mr. LATOURETTE) isalso concerned with, is intended toallow the Architect of the Capitol toacquire facilities such as a new CapitolPolice headquarters and command andcontrol center, which they desperatelyneed. The language is intended to re-late to events of September 11 and isnot intended to usurp your commit-tee’s authority, and we will certainlywork with the gentleman through thisprocess.

Mr. LATOURETTE. Mr. Chairman,reclaiming my time, I thank the gen-tleman from Florida (Mr. YOUNG) verymuch for his observations.

It is my intention in a moment toask unanimous consent to withdrawthis amendment; but before I do, wouldthe gentleman from Minnesota (Mr.OBERSTAR) like to be yielded to?

b 1715

Mr. OBERSTAR. Mr. Chairman, willthe gentleman yield?

Mr. LATOURETTE. I yield to thegentleman from Minnesota.

Mr. OBERSTAR. I share the chair-man’s great concern, and I appreciatethat the Committee on Appropriationswants to give this authority in theemergency circumstances, but it is au-thority that is not necessary.

The chief administrative officer nowhas authority to sign agreements withexecutive branch agencies, like GSA,that can supply office space in time of

emergency. And I have great concernsabout the language used in this provi-sion. Section 801 has terms that are notdefined, ‘‘facilities,’’ ‘‘such other ar-rangements,’’ and ‘‘other entities.’’Seems to me that broadly worded lan-guage of that nature leaves the Houseopen to risk, leaves us open to specula-tive real estate transactions withoutthe ordinary scrutiny that would beundertaken by the subcommitteewhich the gentleman from Ohio chairs.

I just wonder whether the Committeeon Appropriations had given thoughtto this: whether in providing suchbroad language they really intended toremove from the committee’s appro-priate oversight responsibility theseactions by the chief administrative of-ficer. Is the chairman prepared to re-spond to that concern?


Mr. LATOURETTE. I yield to thegentleman from Florida.

Mr. YOUNG of Florida. Mr. Chair-man, I have to admit that I was en-gaged in a conversation and not listen-ing to the gentleman.

Mr. OBERSTAR. If the gentlemanfrom Ohio will continue to yield, myquestion simply was, did the Com-mittee on Appropriations understandin crafting this language that theywere, in some sense, removing from theSubcommittee on Economic Develop-ment, Public Buildings and EmergencyManagement its responsibility foroversight and for authorization ofthese actions by the chief administra-tive officer in order to protect theHouse’s interest in appropriate real es-tate transactions; protect us againstspeculative actions?

Mr. YOUNG of Florida. Mr. Chair-man, if the gentleman will continue toyield, I would say to the gentlemanthat these are items that have beenidentified that need to be taken careof. As my colleague, the gentlemanfrom Alaska (Mr. YOUNG), mentionedjust a few minutes ago dealing withairport security and aviation security,they have to be done.

Now, Members do not understandthat in the absence of an authorizingbill, the appropriators are usuallyasked to take care of issues that havenot been authorized, and so that iswhat we do, and we do that very well.We try to do it in cooperation with theauthorizing committee, and wethought that we had a fairly good un-derstanding not only on this but theaviation package as well.

So we understand the appropriate re-lationships of the committees, butsometimes the authorizing committeesdo not have a bill, do not have a vehi-cle, are not prepared to deal with aproblem, and so the Committee on Ap-propriations is asked to do it.

The CHAIRMAN. The time of thegentleman from Ohio (Mr.LATOURETTE) has expired.

(On request of Mr. OBERSTAR, and byunanimous consent, Mr. LATOURETTEwas allowed to proceed for 2 additionalminutes.)

Mr. OBERSTAR. Mr. Chairman, willthe gentleman yield?

Mr. LATOURETTE. I yield to thegentleman from Minnesota.

Mr. OBERSTAR. I appreciate whatthe chairman has just said; however,our side was not involved in these dis-cussions, and it is obvious that thechairman of the Subcommittee on Eco-nomic Development, Public Buildingsand Emergency Management was notinvolved. We could well have workedwith the Committee on Appropriationsto craft language that would have beenacceptable to our committee, and thenfolded that into the appropriation proc-ess. That is the concern that we have.

Mr. LATOURETTE. Reclaiming mytime, Mr. Chairman, I thank the gen-tleman, and I will tell the distin-guished ranking member of the fullcommittee, the gentleman from Min-nesota (Mr. OBERSTAR), for whom Ihave great respect and have workedclosely with for 7 years, that the appro-priators have indicated to me this is aspecific situation to deal with theevents of September 11.

I felt it more than appropriate to ex-press the concerns of our subcommitteethat we not lose the oversight func-tion, which we do very well, but I amsatisfied and assured by the Chair-man’s remarks, and I thank him forthat.


The CHAIRMAN. Is there objectionto the request of the gentleman fromOhio?

There was no objection.AMENDMENT OFFERED BY MR. INSLEE

Mr. INSLEE. Mr. Chairman, I offeran 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. INSLEE. I yield to the gen-tleman from Florida.

Mr. YOUNG of Florida. I would liketo say to the gentleman, if we can ex-pedite this, we are prepared to acceptthe amendment.

Mr. INSLEE. Reclaiming my time,Mr. Chairman, I can assure the gen-tleman that it will be as expedited ashumanly possible, given those good tid-ings.

This amendment, offered by the gen-tleman from Ohio (Mr. STRICKLAND)and myself, is an effort to ensure thatwe fulfill the obligations set forth inthe airline security bill we passed andthe President signed just a week ago. Itis precipitated by concerns that havebeen expressed by the Secretary ofTransportation that we will not meetsome deadlines that were established inthat bill to assure that 100 percent ofthe bags that go into the belly of anairplane are screened.

Just 1 week after the President of theUnited States signed this bill, assuringAmericans that we are going to have

CONGRESSIONAL RECORD — HOUSE H8517November 28, 2001100 percent screening of baggage, to saywe give up and we are not going to ful-fill this equipment does not respect theneeds of the American public for safetyin flying. So this amendment we offerwould increase the appropriation by$250 million so that we can be assuredthat no excuse is allowed; that therewas a lack of resources to do the posi-tive bag matching that is required bythe bill, to do the visual inspectionthat is required by the bill, and to useperhaps dog sniffers, which areeuphemistically called ‘‘canine explo-sive detection units’’ in our bill.

We want to make sure resources arenot an issue. We think we should dothis on a bipartisan basis.

Mr. YOUNG of Alaska. Mr. Chair-man, I rise in opposition to the amend-ment.

I am doing this for one reason. Mygood friend, the gentleman from Wash-ington, if I am not mistaken, voted forthe Senate bill, and in the Senate billthey had no bag screening at all, pe-riod.

I read the paper today, and Mr. Mi-neta, unfortunately, did say what hesaid, and he is probably correct unlesswe do fund it; but I also see a couple ofother Members jump up and holler inanguish, saying this is terrible, this iswrong, we are letting the Americanpeople down, who voted for the Senatebill.

* * * In reality, the Senate bill hadno screening of baggage at all.

Mr. OBEY. Mr. Speaker, I demandthe gentleman’s words be taken down.

The CHAIRMAN. The gentleman willsuspend.

Mr. YOUNG of Alaska. If it is the‘‘demagogue’’ word, Mr. Chairman.

The CHAIRMAN. The Member will beseated.

The Clerk will report the appropriateportion of the remarks.

Mr. YOUNG of Alaska. Mr. Chair-man.

The CHAIRMAN. The gentleman willsuspend.

b 1730

Mr. YOUNG of Alaska. Mr. Chair-man, I ask unanimous consent to with-draw any statement that any Membermight think I said that was out oforder, just to speed things along, al-though I have been informed that I wasnot out of order; otherwise I will waitfor the ruling of the Chair.

The CHAIRMAN. Is there objectionto the request of the gentleman fromAlaska?

There was no objection.Mr. YOUNG of Alaska. Mr. Chair-

man, reclaiming my time, I want to getback to the point that when we workon legislation, we do the best we canwithin the House of the people. And tohave other Members question the in-tegrity of the House during a period ofdebate following the 2 weeks after wepass the bill, and then to have the Sec-retary of Transportation mentionsomething that might be a reality, andto say that the administration is not

fulfilling the obligation of the Congressis not correct.

Mr. Chairman, I respectfully requestMembers, do not use this as a politicalissue as has been used for the past 4weeks. Let us seek good, sound secu-rity. Let us fund it and make it cor-rect.

Mr. ROGERS of Kentucky. Mr. Chair-man, I move to strike the last word.

Mr. Chairman, we are prepared to ac-cept the amendment. However, I wouldlike this opportunity to just remindMembers that what this amendmentwould do is increase the amounts avail-able from the user fee trust fund forthe purposes of airport security whichwe all want.

However, just a few minutes agothere was stricken from this bill mon-ies from the airport trust fund for thisvery purpose. I am having a little bit ofdifficulty fathoming the duplicity thatwe are engaged here in. There was apoint of order, two points of order sus-tained just a few minutes ago thatwould prevent the Congress spendingairport trust funds and highway trustfunds for the emergency that we aredealing with here, the aftermath ofSeptember 11.

Here we are increasing the amount ofmoney coming from a trust fund. I amhaving a little difficulty, pardon my ig-norance, in fathoming the duplicitythat is involved this afternoon. If any-one would care to comment on that, Iwould be happy to yield.

Mr. INSLEE. Mr. Chairman, will thegentleman yield?

Mr. ROGERS of Kentucky. I yield tothe gentleman from Washington.

Mr. INSLEE. First, Mr. Chairman, Ihave not made any points of ordertoday in this regard. But more impor-tantly, what this has done is we havebeen looking for a way on a bipartisanbasis, and I see no reason for ill will onthis issue at all, I really think the par-ties are together on this, to assure thatwe give the administration enough re-sources to do this baggage screeningthat we all want done, and we are allon the same page on that.

What we found is there is anotherprobable $250 million that will be avail-able from the stream of revenuethrough the ticket surcharges thatwere set forth in the airline securitybill. This money will not come out ofthe airport trust funds. This moneywill be funded 100 percent by the sur-charge on the tickets.

Mr. ROGERS of Kentucky. Reclaim-ing my time, I fully understand that.But I am having some difficulty under-standing that those earlier who ob-jected to the use of trust funds for air-port security and struck $466 millionfrom the bill that was designed for thatpurpose, and now supporting the dip-ping into a trust fund, the new one, forthe purpose of airport security.

Mr. Chairman, we have got to findthe money somewhere. I really am at aloss to understand why those who ob-jected to the use of the trust funds thatwere earlier stricken did that. We have

got to find monies to pay these airmarshals to safeguard the cockpit, topay the screeners under the newscheme. It is going to cost us $54,000per person, the government. We do nothave the money. It was stricken fromthe bill.

Where is the money? Where is themoney?

The trust funds are sitting there fat.I thought when we passed a tax to cre-ate a trust fund and charge users of theairports and the highways for the useof those facilities, I thought thosemonies would be used for airport secu-rity and the other purposes that thetrust fund is collected for; and yetthose were stricken from this bill. Isupport the gentleman’s amendmentbecause we have to have the money,but it still leaves us several hundredmillion dollars short.

Mr. INSLEE. Mr. Chairman, will thegentleman yield?

Mr. ROGERS of Kentucky. I yield tothe gentleman from Washington.

Mr. INSLEE. Mr. Chairman, first off,we are not a monolithic group on ourside of the aisle, so I will not addressthe concern of any other Members.Members must understand that thiswill be funded through a stream of rev-enue that has been set up, and there isa $2.50 charge.

I want to make sure that Membersunderstand that I think there is a bi-partisan desire to get this job done. Icompliment the gentleman from Alas-ka (Mr. YOUNG), although I disagreewith his assertion of my demagogueryon his work in increasing the appro-priation in the airline security bill tohave a 100 percent baggage screeningrequirement. That is the right thing todo. We have now a fund for makingsure that gets done, and I thank thegentleman for accepting this amend-ment.

Mr. STRICKLAND. Mr. Chairman, Imove to strike the requisite number ofwords.

Mr. Chairman, after September 11many Americans were absolutelyshocked to learn when they got on anairplane, the bags were not screenedfor explosive devices. We have debatedthat issue in this House, and we cameto a bipartisan agreement that I thinkwe can all be proud of. It was some-thing that we agreed to and voted on.We sent it to the President. He signedit into law. It is the law of our landtoday.

I was stunned, quite frankly, a fewhours ago when our Secretary of Trans-portation announced that he could notmeet the requirements of this law. As Iunderstand the law, it is not an option.It is a requirement that within 60 daysthis government have some procedurein place to make sure that every bag isscreened for explosives. All Memberswant that. The American people wantit.

All we are trying to do with thisrather simple amendment is to providean additional $250 million to the al-ready $1 billion so that if the Secretary

CONGRESSIONAL RECORD — HOUSEH8518 November 28, 2001of Transportation does not haveenough employees, he can acquirethem. If there are not enough drug-sniffing dogs, we can have themtrained. We can do, in fact, for theAmerican people what we have said wewill do for the American people. Thereis no need for acrimony.

Mr. Chairman, I think we can allagree on this. We can all claim victoryand say we have done the right thingand we can get the job done. With thatI urge my colleagues to feel good aboutthis amendment, and I congratulatemy Republican colleagues for havingindicated that they will accept it.

Mr. OBERSTAR. Mr. Chairman, Imove to strike the requisite number ofwords.

Mr. Chairman, I do so for the purposeof responding to the chairman’s ques-tion where these funds are going tocome from, and the implication thatthe point of order made by the gen-tleman from Illinois struck the money.In fact, the point of order struck thesource of the funding. It did not strikethe $466.5 million in this legislation.

When the Congress appropriated $40billion in the immediate aftermath ofSeptember 11, $20 billion was clearlyunderstood to go to New York for itsneeds and another $20 billion to re-spond to other needs of the economy.And it was made very clear at thattime when the Secretary of Transpor-tation announced that sky marshalswould be assigned to domestic flightsthat the funding for those sky mar-shals would come out of that $20 bil-lion. That is the basis on which wehave proceeded.

That in this interim period of timeuntil the surcharge on airline ticketsprovided for in the aviation securitybill is put into effect and the money israised, that the emergency appropria-tion of $20 billion in part would coverthe cost of the sky marshals.

Mr. Chairman, does the chairman ofthe appropriations subcommittee havea different understanding?

Mr. ROGERS of Kentucky. Mr. Chair-man, will the gentleman yield?

Mr. OBERSTAR. I yield to the gen-tleman from Kentucky.

Mr. ROGERS of Kentucky. Mr. Chair-man, what is happening here is oncethe sections were stricken earlier, nolonger will these expenses that we aretalking about for the sky marshals andthe screeners and the like be takenfrom the airport trust fund; it will betaken from the general treasury. TheAmerican taxpayers are going to befooting the bill here rather than thetrust fund that was created for the pur-pose. If we are going to have a trustfund for security in the airports, weought to spend those dollars for thatpurpose.

Mr. Chairman, does the gentlemanbelieve in truthful budgeting, or not?

Mr. OBERSTAR. Reclaiming mytime, the sky marshal program was es-tablished by President Nixon by execu-tive order issued on September 11, 1970,with funds appropriated not out of the

airport and airways trust fund, not outof an aviation account, but out of aseparate account dedicated to fund thesky marshal program. That programramped up to a few thousand sky mar-shals, and then gradually dwindleddown.

When the $40 billion was appropriatedin the aftermath of September 11, theSecretary of Transportation made itclear that the funding initially of thesky marshal program, the ramping upof the program would come out of that$20 billion, and we do not see any rea-son to raid the trust fund in order to dothat. The Secretary made a commit-ment, and I think the purpose is veryclear. The Committee on Appropria-tions has so many demands on the $20billion, it does not want to exceed its$20 billion, and dipped into the trustfund to do so.



Mr. ROGERS of Kentucky. Mr. Chair-man, then perhaps we need to reducetaxes. If we are not going to use thetrust fund monies for trust fund pur-poses, perhaps we need to reduce thattax; and perhaps we ought to ask theCommittee on Ways and Means to ad-dress the issue of taxing the travelingpublic and we are not using the moneyfor that purpose.

Mr. OBERSTAR. Mr. Chairman, Iwould say to the gentleman, that iswhy we proposed a surcharge. Thefunds to be taken by this language arealready spoken for. They are alreadyspoken for in the FAA, and are neededfor the purposes for which they are in-tended. The additional money to payfor the sky marshals was to have comeout of $20 billion. That was our under-standing.



Mr. ROGERS of Kentucky. Mr. Chair-man, I ask the gentleman, is it nottrue that there are unobligated, unex-pended, surplus, noncommitted fundsin the airport trust fund at this mo-ment?

Mr. OBERSTAR. Mr. Chairman,there always are at the beginning of afiscal year when the funding has notbeen designated, but those dollars willbe committed and are already spokenfor.

The CHAIRMAN. The time of thegentleman from Minnesota (Mr. OBER-STAR) has expired.

(On request of Mr. ROGERS of Ken-tucky, and by unanimous consent, Mr.OBERSTAR was allowed to proceed for 2additional minutes.)



Mr. ROGERS of Kentucky. Mr. Chair-man, there is a balance at the end ofthe year in the airport trust accountthat is unobligated, unspent surplusfunds; is that not true?

Mr. OBERSTAR. Not exactly.Mr. ROGERS of Kentucky. If the gen-

tleman would continue to yield, yes, itis.

Mr. OBERSTAR. Mr. Chairman, notexactly. Those dollars are committedto acquisition of air traffic controltechnologies, as the chairman wellknows. The operations account is topay for the air traffic controllers andfor the professional systems repair per-sonnel, and were not intended to payfor sky marshals.



Mr. ROGERS of Kentucky. Mr. Chair-man, would they also be available forsuch things as bomb detection ma-chines at the airports?

Mr. OBERSTAR. In the facilities andequipment accounts, yes.

Mr. ROGERS of Kentucky. Mr. Chair-man, if the gentleman would continueto yield, I rest my case.

Mr. OBERSTAR. Mr. Chairman, re-claiming my time, the point is that thesurcharge is to pay for those acquisi-tions, and payment of sky marshals isto come out of the $20 billion. Weshould have had this dialogue long be-fore this moment, before coming to thefloor with this legislation.

Mr. SHAYS. Mr. Chairman, I move tostrike the requisite number of words.

Mr. Chairman, the debate on the air-port security bill was a fascinating de-bate and one in which I thought theSenate had done a good job, and Ithought the House had improved on it.I thought the House improved on itwhen they added a provision that saidwe must check baggage that goes intothe belly of an aircraft. The Houseversion required this to be done by theend of 2003.

That is really what the gentlemanfrom Washington (Mr. INSLEE) and thegentleman from Ohio (Mr. STRICKLAND)and I had requested. We were saying atleast by the end of 2003. To the creditof, frankly, the House, they put thatamendment in; and then the conferencecommittee said by the end of the year2002.

It is physically impossible to inspectfor explosives in 60 days, and there wasno intent that we would be able to in-spect for explosives in 60 days.

b 1745If Members of Congress thought they

were voting for that, I think thatwould be a hypocritical thing for me oranyone else to do, because we know itcannot be done. It is going to be toughto do it by the end of 2002.

But clearly we need more money, andI think that the gentleman from Wash-ington (Mr. INSLEE) is right in request-ing it. I thank the chairman for accept-ing it. But it should have been takenout of the trust fund. We should not betalking about expanding airports anddoing all the other improvements untilwe make planes safer. I take some realexception to the deletion of this. I real-ize technically they were right in doing

CONGRESSIONAL RECORD — HOUSE H8519November 28, 2001it, but I think they were, frankly, inac-curate and I would say it was a moralmistake. I think that what is in thetrust fund should go for safety. Ourconstituents want that and I regretthat it will now come out of the gen-eral fund. But I thank the chairman foraccepting the amendment. I appreciatethe gentleman from Washington (Mr.INSLEE) and the gentleman from Ohio(Mr. STRICKLAND) offering the amend-ment here and support it. I also wantto thank the gentleman from Alaska(Mr. YOUNG) for being the one whomade sure it was in the bill because itwas not in the Senate version. TheSenate did a good job; the House, Ithought, improved on it; and I thinkthe conference committee did an evenbetter job.


Mr. SHAYS. I yield to the gentlemanfrom Kentucky.

Mr. ROGERS of Kentucky. Does thegentleman understand that as a resultof the moneys being stricken earlierthis afternoon, coming out of the trustfunds for the purpose of security, buy-ing bomb detection machines, sky mar-shals, screeners and the like, becausethat money was stricken from the bill,this bill earlier today, that $466.5 mil-lion, adding back the $250 million thatwe are talking about with the Insleeamendment, will not get us back towhere we were? We are still going to beshort several hundred million dollars.And that the airport trust fund hasfunds in it right now that could be usedfor this purpose.

Mr. SHAYS. I am aware of it. I amvery distressed by it. I hope it isworked out by the leaders and you asto how we deal with this. I think it wasa clear mistake to take it out of thetrust funds. I think in the end we en-danger the public by doing it.

Mr. ROGERS of Kentucky. Does thegentleman mean it was a mistake tostrike it?

Mr. SHAYS. Yes, it was a mistake todelete from the bill the use of themoney from the trust funds; we shouldbe using the trust funds for what theywere intended, and that is for the fly-ing safety of the American people.

Mr. ROGERS of Kentucky. I thankthe gentleman for that statement.

The CHAIRMAN. The question is onthe amendment offered by the gen-tleman from Washington (Mr. INSLEE).

The amendment was agreed to.AMENDMENT OFFERED BY MR. VISCLOSKY

Mr. VISCLOSKY. Mr. Chairman, Ioffer an amendment.

The Clerk read as follows:Amendment offered by Mr. VISCLOSKY:In the proposed division B (relating to

emergency supplemental appropriations), in-sert the following new title:

TITLE ll—STEEL INDUSTRY LEGACYRELIEFFINDINGS

SEC. ll1. The Congress finds the fol-lowing:

(1) The United States steel industry hasbeen severely harmed by a record surge of

steel imports into the United States since1998.

(2) This surge in imports has resulted inthe loss of more than 26,000 steel worker jobsand is the imminent cause of 25 steel com-pany bankruptcies.

(3) The import surge has also forced theUnited States steel industry into reducedvolume, lower prices, and financial losses.

(4) On October 22, 2001, the InternationalTrade Commission determined that the do-mestic steel industry has been severely in-jured by the import surge.

(5) The United States steel industry hasmassive retiree health care liabilities thattotal $13,000,000,000 and cost the steel indus-try almost $1,000,000,000 annually.

(6) These health care liabilities pose a sig-nificant barrier to steel industry consolida-tion and rationalization that could improvethe financial condition of the industry andreduce the impact of foreign imports.

(7) Steel company bankruptcies, job losses,and financial losses are contributing to theNation’s current economic slowdown and arehaving serious negative effects on the taxbase of cities, counties, and States, and onthe essential health, education, and munic-ipal services that these government entitiesprovide to their citizens.

(8) A strong steel industry is necessary toa healthy economy and to the adequate de-fense preparedness of the United States.

TRADE ADJUSTMENT ASSISTANCE FOR STEEL

SEC. ll2. (a) IN GENERAL.—Title II of theTrade Act of 1974 (19 U.S.C. 2251 et seq.) isamended by adding at the end the following:

‘‘CHAPTER 6—ADJUSTMENT ASSISTANCEFOR 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 connectionwith a qualified steel company, the total ofall expenditures made by such company dur-ing such calendar year to meet retiree healthcare liabilities under a covered retireehealth plan established or maintained bysuch company. Such term includes—

‘‘(i) any disbursement during such calendaryear from a voluntary employees’ bene-ficiary association trust organized by thecompany under 501(c)(9) of the Internal Rev-enue Code of 1986 to fund retiree health careliability, and

‘‘(ii) any qualified transfer by the companyduring such calendar year of excess pensionassets, described in section 420 of such Code,to fund retiree health care liability.

‘‘(B) LIMITATION.—In any case in which anemployee benefit plan is a covered retireehealth plan as a successor to another coveredretiree health plan, in determining so muchof the qualified annual expenditure for anycalendar year of the qualified steel companyas is attributable to such successor plan, theSecretary shall disregard any expendituresmade to meet retiree health care liabilitiesin excess of the present value of the amountof the retiree health care liabilities in exist-ence on the date of the enactment of thischapter under the predecessor plan in effecton such date.

‘‘(2) QUALIFIED STEEL COMPANY.—The term‘qualified steel company’ means any entitythat is incorporated under the laws of anyState and—

‘‘(A) on January 1, 2000, was so incor-porated and was engaged in—

‘‘(i) the production or manufacture of aproduct identified by the American Iron andSteel 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 andtube, 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, inconnection with a qualified steel company,an obligation of such company under an em-ployee benefit plan to pay post-retirementhealth benefits to participants and bene-ficiaries or to contribute to such a plan pro-viding such benefits.

‘‘(4) COVERED RETIREE HEALTH PLAN.—Theterm ‘covered retiree health plan’ of a quali-fied steel company means an employee ben-efit plan—

‘‘(A) established or maintained by suchcompany for its employees, or

‘‘(B) established or maintained pursuant toa collective bargaining agreement betweenone or more employers including such com-pany and one or more employee organiza-tions,

under which, as of the date of the enactmentof this chapter, such company has retireehealth care liability. Such term includes asuccessor employee benefit plan establishedor maintained as described in subparagraph(A) or (B).

‘‘(5) EMPLOYEE BENEFIT PLAN AND RELATEDTERMS.—The terms ‘employee benefit plan’,‘participant’, ‘beneficiary’, and ‘employee or-ganization’ have the meanings provided suchterms, respectively, under section 3 of theEmployee Retirement Income Security Actof 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 ofLabor is authorized to provide grants to anyqualified steel company for the purpose ofassisting such company in making the quali-fied annual expenditure for the calendar yearfor which assistance is requested.

‘‘(b) APPLICATION.—‘‘(1) IN GENERAL.—A qualified steel com-

pany may, not later than December 1 of theyear prior to the calendar year for which as-sistance is requested, submit to the Sec-retary an application for a grant under thissection.

‘‘(2) CONTENTS.—An application for a grantunder this section shall contain—

‘‘(A) appropriate documentation of thecompany’s qualified annual expenditure forthe calendar year for which assistance is re-quested; and

‘‘(B) such other information as the Sec-retary may require.

‘‘(3) REVIEW AND APPROVAL.—Not later than30 days after the receipt of an applicationunder paragraph (1), the Secretary—

‘‘(A) shall review the application and de-termine whether or not the applicationmeets the requirements of paragraph (2); and

‘‘(B) if the Secretary makes an affirmativedetermination under subparagraph (A), shallapprove the application.

‘‘(c) AMOUNT OF GRANT.—The amount of agrant provided to a qualified steel companyunder subsection (a) for a calendar year shallbe equal to 80 percent of the qualified annualexpenditure of the company for the calendaryear..

‘‘(d) MONTHLY PAYMENTS UNDER THEGRANT.—The Secretary shall make assist-ance payments on a monthly basis to an eli-gible company that provides in a form satis-factory to the Secretary documentation of somuch of a qualified annual expenditure as isattributable to the previous month. Properadjustments shall be made in amounts subse-quently paid to the extent prior paymentswere in excess of or were less than the properamount.

CONGRESSIONAL RECORD — HOUSEH8520 November 28, 2001‘‘(e) DIRECT ASSISTANCE TO PARTICIPANTS

AND BENEFICIARIES.—In the case of a quali-fied steel company that ceases operations asof any date on or after January 1, 2000, andthat has retiree health care liability with re-spect to participants and beneficiaries undera covered retiree health plan at the time thecompany ceases operations, each such partic-ipant or beneficiary shall be eligible to re-ceive assistance under this chapter to com-pensate for the inability of the company tosatisfy such liability with respect to suchparticipant or beneficiary. Such assistanceshall be equal to the actuarial present valueof such liability with respect to such partici-pant or beneficiary as of the date the com-pany ceases operations. The Secretary shallby regulation provide for the administrationof such assistance, except that, to the extentthat funds available under this chapter forproviding assistance pursuant to this sub-section are insufficient to provide for suchassistance in full to all eligible participantsand beneficiaries, the Secretary shall allo-cate such funds on a pro rata basis.‘‘SEC. 293. RECORDS.

‘‘(a) IN GENERAL.—Each recipient of assist-ance under this chapter shall keep recordswhich fully disclose the amount and disposi-tion by such recipient of the assistance re-ceived which will facilitate an effectiveaudit. The recipient shall also keep otherrecords as the Secretary may prescribe.

‘‘(b) ACCESS.—The Secretary and theComptroller General of the United Statesshall have access for the purposes of auditand examination to any books, documents,papers, and records of the recipient per-taining to assistance received under thischapter.‘‘SEC. 294. PENALTIES.

‘‘Whoever makes a false statement of amaterial fact knowing it to be false, orknowingly fails to disclose a material fact,or whoever willfully overvalues any obliga-tion, for the purpose of obtaining money,property, or anything of value under thischapter, shall be fined not more than $5,000or imprisoned for not more than 2 years, orboth.‘‘SEC. 295. CIVIL ACTIONS.

‘‘In providing financial assistance underthis chapter the Secretary may sue and besued in any court of record of a State havinggeneral jurisdiction or in any United Statesdistrict court, and such jurisdiction is con-ferred upon such district court to determinesuch controversies without regard to theamount in controversy, but no attachment,injunction, garnishment, or other similarprocess, mesne or final, shall be issuedagainst the Secretary or Secretary’s prop-erty. Nothing in this section shall be con-strued to except the activities pursuant tothis chapter from the application of sections516, 547, and 2679 of title 28 of the UnitedStates Code.‘‘SEC. 296. REGULATIONS.

‘‘The Secretary shall prescribe such regu-lations as may be necessary to carry out theprovisions of this chapter.‘‘SEC. 297. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated tothe Secretary to carry out this chapter$2,400,000,000 for the fiscal year 2002, ofwhich—

‘‘(1) $800,000,000 is authorized to be ex-pended in calendar year 2002;

‘‘(2) $800,000,000 is authorized to be ex-pended in calendar year 2003; and

‘‘(3) $800,000,000 is authorized to be ex-pended in calendar year 2004.’’.

(b) CONFORMING AMENDMENT.—The table ofcontents for title II of the Trade Act of 1974is amended by inserting after the items re-lating to chapter 5 the following:

‘‘CHAPTER 6—ADJUSTMENT ASSISTANCE FORSTEEL 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. ll3. The following sums are appro-priated out of any money in the Treasurynot otherwise appopriated, for the Depart-ment of Labor, for the period comprising fis-cal years 2002, 2003, 2004, and 2005, for pur-poses of carrying out the preceding provi-sions of this title (including the amendmentsmade thereby), including the provision of ad-justment assistance to qualified steel compa-nies to meet qualified annual expenditures,the following: $2,400,000,000, of which$800,000,000 is available for obligation solelyfor calendar year 2002; of which $800,000,000 isavailable for obligation solely for calendaryear 2003; and of which $800,000,000 is avail-able for obligation solely for calendar year2004: Provided, That of the amount madeavailable for calendar year 2002, $5,000,000shall be available for necessary expenses toadminister this Act, to remain available forcalendar years 2003 and 2004 until expended:Provided further, That the amounts appro-priated under this section are designated bythe Congress as an emergency requirementpursuant to section 251(b)(2)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985: Provided further, That suchamounts shall be available only to the ex-tent that an official budget request, that in-cludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

Mr. VISCLOSKY (during the read-ing). Mr. Chairman, I ask unanimousconsent that the amendment be consid-ered as read and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromIndiana?

There was no objection.Mr. ROGERS of Kentucky. Mr. Chair-


The CHAIRMAN. The gentlemanfrom Kentucky reserves a point oforder.

Mr. ROGERS of Kentucky. Mr. Chair-man, I ask unanimous consent that de-bate on this amendment and anyamendments thereto be limited to 30minutes, to be equally divided and con-trolled by the proponent and myself,the opponent.

The CHAIRMAN. Is there objectionto the request of the gentleman fromKentucky?

Mr. VISCLOSKY. Mr. Chairman, re-serving the right to object, I have noobjection, but our preference is to havethe gentleman from Pennsylvania (Mr.MURTHA), the ranking Democrat on theSubcommittee on Defense and formerchairman of the Steel Caucus, controltime on our side of the aisle on behalfof the amendment.



Without objection, the gentlemanfrom Pennsylvania (Mr. MURTHA) andthe 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 Indi-ana (Mr. VISCLOSKY).

Mr. VISCLOSKY. I thank the gen-tleman from Pennsylvania (Mr. MUR-THA) for controlling time on thisamendment.

Mr. Chairman, the amendment that Ihave before the House is the sameamendment I offered in full committee2 weeks ago and, that is, to provide $800million a year for 3 years to provide as-sistance on the so-called legacy coststo the domestic steel industry to assistthe industry in solving their problemsas far as pension costs and health carefor retirees, to allow the industry tosave itself, to consolidate and to con-tinue to melt steel in the United Statesof America.

Why am I and others offering thisamendment today to this bill? Becauseit is a matter of utmost national de-fense. On August 26 of this year, Presi-dent George Bush said, ‘‘If you’re wor-ried about the security of the countryand you become overreliant upon for-eign sources of steel, it can easily af-fect the capacity of our military to bewell supplied. Steel is an importantjobs issue. It is also an important na-tional security issue.’’

But why should we today ask theAmerican taxpayer to help a specificindustry in this country? It is becausethey have been injured through nofault of their own by foreign interests.On June 22 of this year, Trade Ambas-sador Zoellick on behalf of PresidentBush initiated a section 201 investiga-tion by the International Trade Com-mission into allegations that seriousinjury has occurred to the domesticsteel industry because of illegally trad-ed steel over the last some years. Iwould point out to my colleagues thatthis is the first presidentially initiated201 investigation in the last 16 years.

On October 22, a little over a monthago, the ITC, comprised of 3 Repub-licans and 3 Democrats, found that se-rious injury had occurred to this indus-try. At this point in time, I would alsopoint out that this is an industry thathas done everything possible to saveitself. Under the voluntary restraintagreements of the 1980s, the industryhas invested $60 billion in itself. Itsproductivity has increased 156 percentsince 1980. And no one on the planetEarth makes steel more efficientlythan our domestic industry. It nowtakes only 3.5 man-hours per ton toproduce a ton of steel compared to 10man-hours per ton two decades ago.

As far as the technology involvedwith the industry, it is on the cuttingedge. Almost 50 percent of the steelpurchased by automakers today wasnot even produced 7 or 8 years ago,given the changes. But I would pointout to my colleagues, this is not onlyan economic issue but it is a human

CONGRESSIONAL RECORD — HOUSE H8521November 28, 2001tragedy in the making. These improve-ments have occurred over the last twodecades because 300,000 American citi-zens gave their economic life. And nowwe find that injury continues to occurbecause of illegal trade practices.

The Trade Ambassador has suggestedbefore any final implementation of re-lief under an ITC recommendation, theindustry must consolidate. The indus-try needs this relief on liability inorder to proceed.

Why today? Because the industrycannot wait until next year. The ITCrecommendation is not due until De-cember 19, and the President’s final ac-tion does not have to occur until Feb-ruary 16. But what has happened overthe last 36 days since I last appearedbefore the Committee on Rules in anattempt to offer this amendment to theeconomic stimulus package? At thattime and on that day, on October 23, Iindicated to my colleagues in the Com-mittee on Rules that we were losing asteel company at the rate of one every3 weeks. That was October 23. Today Istand before you and tell you we arelosing steel and mining companies atthe rate of one every 7 days.

Since October 23, USA Metals inTexas declared bankruptcy. Since Oc-tober 23, Acme Steel in Illinois ceasedall operations and are trying to sellthemselves for $1. Since October 23, Ge-neva Steel in the State of Utah hasceased operations. Since that samedate, LTV Corporation filed to protectits assets. And last week in the Stateof Michigan, Empire Mine idled all ofits facilities indefinitely.

I would conclude my remarks on myamendment by reminding my col-leagues, we are talking about Amer-ican citizens who are losing their jobs,families who are losing their income,and I would ask for their consideration.

Mr. MURTHA. Mr. Chairman, I yield2 minutes to the gentleman from Min-nesota (Mr. OBERSTAR).

Mr. OBERSTAR. I thank the gen-tleman for yielding me this time.

Mr. Chairman, the gentleman fromIndiana has made a very powerful andcompelling case. Steel is the basicbuilding block of an industrial society.In 1947, author John Gunther wrotethat what makes America the greatestindustrialized Nation in the world is itsability to roll more steel than the So-viet Union, Germany, France, Belgiumand Great Britain combined.

That statement is no longer true. Weare bombarded by unfairly traded steel,subsidized in foreign countries, to pre-serve a basic building block of theireconomy and to dump their excess ca-pacity in the world’s largest open freemarket, the United States. While wehave played in the international tradearena by the Marquis of Queensburyrules, other countries are playing withblack belt karate and kicking ourbrains out. Brazil, 27 different tax sub-sidies for the production and export ofsteel. Russia, Ukraine, producing steelat a loss in order to keep people work-ing, and dumping their steel in this

market and causing unemploymenthere.

The gentleman spoke well and trulyabout the legacy costs of the domesticsteel industry. His amendment is oneway, but the best way to avoid thoselegacy costs is for the administrationto conclude the 201 proceeding now un-derway; impose countervailing dutiesor tariffs or quotas, and stop the influxof subsidized steel; let the U.S. steel in-dustry continue to work, to hire peo-ple, to keep them on the job, to keepthose payrolls going. And we will nothave to draw down the Pension BenefitGuaranty Corporation funding to sup-port the retirement funds that are injeopardy. We will not have to pay un-employment compensation to pay peo-ple not to work. We ought to do eitherwhat the gentleman from Indiana issuggesting or impose the penalty phaseof the injury process underway now inthe International Trade Commission.

Mr. MURTHA. Mr. Chairman, I yield2 minutes to the gentleman from Ohio(Mr. STRICKLAND).

Mr. STRICKLAND. Mr. Chairman, Irise today as the son of a steelworkerin support of the gentleman from Indi-ana’s amendment. I want to commendthe gentleman for his tireless effortswithin the Steel Caucus to ensure thatthe Federal Government is utilizingevery means possible to protect our do-mestic steel industry and those Ameri-cans it employs.

The goal of the steel industry legacyrelief program will not only provide as-sistance to the steel producers in meet-ing retiree health care costs, but italso gives comfort to the nearly 2 mil-lion Americans who currently receivepensions and health care from currentand former steel companies. This as-sistance is especially important forthose who are eligible for retireehealth insurance at the time a steelcompany ceases its operations.

It is no secret that our domestic steelindustry is in jeopardy. This is an in-dustry we rely on for our transpor-tation, electric, oil and, most impor-tantly, our national security needs.The domestic steel industry has beendevastated by a flood of imported for-eign steel, resulting in plunging steelprices and the closing of multiple steelproducing companies. For example,LTV in Cleveland, like other steel com-panies, is now on the brink of shuttingdown, leaving thousands to be unem-ployed.

It is imperative that we make mean-ingful and effective reforms that willensure the long-term viability of thisvital industry. The steel industry leg-acy relief program is just one way toassist American steelworkers who arenegatively affected by widespreadplant closings and bankruptcies.

I want to thank the gentleman fromIndiana. He is a soldier in this fight toprotect this vital industry. I urge mycolleagues to support his amendment.

Mr. ROGERS of Kentucky. Mr. Chair-man, I yield 2 minutes to the gen-tleman from Ohio (Mr. BROWN).

b 1758Mr. BROWN of Ohio. Mr. Chairman, I

thank the gentleman for yielding metime.

Mr. Chairman, I am proud to join thegentleman from Indiana (Mr. VIS-CLOSKY) in support of this amendment.As thousands of American steelworkershave sadly discovered, the U.S. has be-come the world’s steel dumpingground. During the 1998 steel crisis,steel imports into the United Statesexceeded steel exports by 36 milliontons. The trade deficit in steel was$11.7 billion, accounting for about 7percent of our continually growingoverall trade imbalance. The vast ma-jority of these imports were subsidizedby foreign governments and dumped atbelow-market prices in the UnitedStates.

Congress must respond. One imme-diate step we must take is protect theretirement benefits that these workershave earned. To encourage needed reor-ganization and consolidation of the do-mestic steel industry, a Steel IndustryLegacy Relief Program should be cre-ated to provide assistance to steel pro-ducers in meeting retiree health carecosts. This amendment establishessuch a program, offering assistanceequal to 80 percent of the total expend-itures made to meet steel retireehealth care liabilities.

Our country’s history of flawed tradeagreements has propelled the steel in-dustry towards the crisis it facestoday. It only makes sense that cur-rent and future retirees, survivingspouses, and dependents who are eligi-ble for retiree health insurance whichthey earned at the time a companyceases operation be eligible to receiveassistance.

We must protect the 700,000 hard-working families who rely on this in-dustry for their salaries, pensions andhealth benefits, and for those commu-nities in which they live. I urge all ofmy colleagues to support America’ssteelworkers and those communities inwhich these steelworkers live.

Mr. MURTHA. Mr. Chairman, I yield2 minutes to the gentleman from Ohio(Mr. KUCINICH).

Mr. KUCINICH. Mr. Chairman, thelegacy cost issue that has been raisedby the gentleman from Indiana (Mr.VISCLOSKY) is one of the important ele-ments in addressing the financial sta-bility of America’s steel industry.

Mr. Chairman, at this very time,3,200 steelworkers in Cleveland arewondering whether or not they aregoing to have jobs tomorrow; and yet,despite the fact that the union and thecreditors have worked together tomake concessions, the management ofLTV wants to liquidate the company.We are anticipating that new manage-ment will come in, and new manage-ment will need something done aboutlegacy costs, as will management ofsteel companies throughout this coun-try.

It is urgent that we address the issuethat is raised by this amendment. Be-cause of the accumulation by steel

CONGRESSIONAL RECORD — HOUSEH8522 November 28, 2001companies of massive legacy costs, thecost of pension and health benefits forthousands of employees who went intoretirement has to be assured.

The Visclosky amendment, supportedby both the steel industry and thesteelworkers, provides a solution.Much like title II of H.R. 808, theamendment would create a fund to ad-dress legacy costs. Steel companieswould be able to draw on the fund toaid with the payment of health andpension benefits.

One might ask, what does this haveto do with defense? That has beenraised. The existence of a healthy steelindustry is crucial to our national se-curity. It is inexplicable that at thetime when we are in a national emer-gency, at a time when our men andwomen are traveling overseas to defendthe interests of this country, that weshould simultaneously be here beggingfor the survival of the American steelindustry, which has defended this coun-try through matters, thick and thin,over the last century.

It is essential that Congress begin totake action to save this steel industryand to save the jobs. Right now thereare thousands of American families,tens of thousands, who are watchingthis Congress, wondering if we aregoing to hear their pleas. We bailed outthe airline industry. The insurance in-dustry is going to be walking down thisaisle in the next few hours. And yetwhat about American steel? Whatabout protecting our national security?What about legacy costs?

Mr. MURTHA. Mr. Chairman, I yieldmyself 2 minutes.

Mr. Chairman, one of the points thatI want to make, and I am not in thehabit of speaking when I know a pointof order is going to be made againstlegislation, but here is what we face:for instance, Bethlehem Steel has 18 re-tirees for every person working. Beth-lehem’s pension cost is going to be atleast $2 billion over a period of time ifthey go chapter 7.

Now, who picks that up? The PBGCpicks it up. We set up the PBGC inorder to protect what we thoughtwould be garment factories going outof work. We only pay 80 percent of thepension costs. We pay none of thehealth care costs.

Right now all of those retirees arebeing paid by Bethlehem Steel. Wehave the same problem with LTV andall these other companies that have re-tirees that do not have full funding forthe pension guarantee in their fund. Sowe are going to have to face this.

We did it for the coal miners, for thehealth care costs for the coal miners,and we are going to have to look atsome way to take care of these pen-sioners. All of us have retired steel-workers. We have them from Pennsyl-vania that move to Florida, we havethem in California, we have them allover the country. If we do not, we aregoing to have thousands of steel-workers getting 80 percent of their pen-sion and losing their health care costscompletely.

So I hope that when we go to con-ference we will look at the possibilityof finding a way to fund some of thesecorporations out of the tariffs. Now, ifthe administration finds a way tocharge tariffs and then we can take themoney out of the tariffs, it would costthe government a lot less than it wouldif we go to PBGC. So I would ask allthe Members of the committee tothink about the disastrous process weare going to have to go through if welose these steel companies, besides thefact of national security.

Mr. Chairman, I yield 2 minutes tothe gentlewoman from Ohio (Mrs.JONES).

Mrs. JONES of Ohio. Mr. Chairman, Iwould like to thank the gentleman foryielding me time.

I am pleased to rise in support of thisamendment. In the city of Cleveland, Iam sure you have heard from my col-league that we are in the midst of theclosing of LTV Steel. That will impactsome 3,200 workers at LTV, but also, inaddition, the retirees and others whoare supported by the steel industry.

I rise in support of this Legacy ReliefProgram because the retiree costs inthe industry are surely the highestcosts that are paid by the industry. Inthe case of a steel company that ceasesoperation on or after January 1, 2000,current and future retirees, survivingspouses and dependents who are eligi-ble for retiree health insurance at thetime the company ceases operationshall be eligible to receive assistance.

That is what our steel companiesneed. The percentage of the cost of re-tiree health care costs far exceeds theother costs of a steel company remain-ing in place.

I want to thank my colleague, thegentleman from Indiana (Mr. VIS-CLOSKY), for offering this amendment. Iwant to thank my other colleagues inthe Steel Caucus who have stood up onbehalf of steelworkers across this coun-try.

As we have talked over the pastweeks of being in an economic crisis asa result of September 11, the steel in-dustry is in an economic crisis, notjust because of September 11, but be-cause of the failure of our Nation tocome up with a program that ade-quately addresses the steel industry.

It is the long-term impact that hascaused the steel industry to be in thedilemma it currently is in, and it istherefore incumbent upon us as Mem-bers of Congress to step up to the plateand say to the steel industry, we wantto save you; we are going to do two,three or four things to help you get onthe right track.

This bill is one of the things that wecan do to get the steel industry on theright track, and, in addition, to sup-port those workers who built the WorldTrade Center, those workers who builtall of the buildings that cross thiscountry.

Mr. STUPAK. Mr. Chairman, I ampleased to offer this important bipar-tisan amendment with Representatives

LATOURETTE and STRICKLAND. Ouramendment limits the funds that canbe allocated under this bill to purchasesteel, so that such funds can only gotowards purchasing American meltedand poured steel.

I would like to first give specialthanks to Ranking Member MURTHA,who has recognized the importance ofthis provision to the steel industry. Ithank him, as well as Chairman LEWIS,for their support.

This amendment is the least we cando. Our U.S. steel industry is in an everincreasing downward spiral.

In fact, just last week LTV Corpora-tion announced that it is seeking toshut down its steel making operations.LTV is a part owner and customer ofthe Empire Mine in my district, andbecause of that announcement, theEmpire Mine is going to be idled indefi-nitely. Most of the workers at the Em-pire will be laid off by the end of themonth. 770 hourly and 120 salaried em-ployees will be affected by this mineclosure.

This mine closing is absolutely dev-astating to these workers, their fami-lies, and the communities that rely onthe iron ore mines. I owe it to thesehardworking citizens of northernMichigan to do what I can in Congressto try to save the steel. and iron ore in-dustries.

All I say to everyone in this House:we should wherever possible promoteour domestic steel industry and en-courage the purchase of Americansteel. We now have such an oppor-tunity.

The Department of Defense purchasesships, plans, and other systems thatconsume large quantities of steel. Aswe appropriate our taxpayer dollars to-wards funding our defense needs, weshould ensure that these monies arenot used to further endanger our al-ready weakened domestic steel indus-try.

Our taxpayer dollars should not go tobuying foreign steel, American moneythey should buy American steel.

Our steel industry is efficient, it iscompetitive, and it produces a highquality product. It is being driven outof business by the dumping of belowmarket priced foreign steel.

U.S. government contracts shouldnot be buying foreign dumped steelover our quality U.S. steel.

Our amendment requires the Depart-ment of Defense contractors to buyU.S. melted and poured steel.

Our amendment does provide that incases where the steel product is not do-mestically available, or there are somenational security reasons for buyingforeign steel, that an exception is pos-sible. Other than those instances, how-ever, we will be promoting our domes-tic steel industry in its fight to sur-vive.

In this time when our very nationalsecurity has been threatened, we can-not further jeopardize our domesticsteel industry. Vote for the Stupak-La Tourette-Strickland amendment

CONGRESSIONAL RECORD — HOUSE H8523November 28, 2001and cast a vote for the American steelindustry.

POINT OF ORDER

Mr. ROGERS of Kentucky. Mr. Chair-man, I make a point of order againstthe amendment because it proposes tochange existing law and constituteslegislation in an appropriations bill,therefore violating clause 2 of ruleXXI.

The rule states in pertinent part:‘‘An amendment to a general appro-priation bill shall not be in order ifchanging existing law.’’

The amendment directly amends ex-isting law, and I ask for a ruling of theChair.

The CHAIRMAN. Does the gentlemanfrom Indiana (Mr. VISCLOSKY) wish tobe heard on the point of order?

Mr. VISCLOSKY. Mr. Chairman, Iwould ask to be recognized.

Mr. Chairman, I will not concede theissue of relief being necessary for thedomestic steel industry. I would con-cede that the amendment that was of-fered here today is violative of the rulewe are operating under. I would simplywant to withdraw that amendment.

Before I do that, I want to sincerelythank the chairman of the full com-mittee, the gentleman from Florida(Mr. YOUNG); I want to thank my chair-man on the Subcommittee on Defense,the gentleman from California (Mr.LEWIS); as well as the gentleman fromKentucky (Mr. ROGERS), who managedthe time, for the courtesy in allowingus to keep this very important issuebefore this institution and the Amer-ican people.


The CHAIRMAN. Is there objectionto the request of the gentleman fromIndiana?

There was no objection.AMENDMENT OFFERED BY MR. MANZULLO

Mr. MANZULLO. Mr. Chairman, Ioffer an amendment.

The CHAIRMAN. Could the gen-tleman from Illinois specify whichamendment?

Mr. MANZULLO. Mr. Chairman, thisis the amendment that deals with the7(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 re-

port the amendment.The Clerk read as follows:Amendment offered by Mr. MANZULLO:Page 148, beginning on line 9, strike sec-

tion 201.

Mr. MANZULLO (during the read-ing). Mr. Chairman, I ask unanimousconsent that the amendment be consid-ered as read and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromIllinois?


man, I reserve a point of order againstthe amendment.


The gentleman from Illinois (Mr.MANZULLO) is recognized for 5 minutes.

Mr. MANZULLO. Mr. Chairman, thisamendment, which I offer along withthe gentlewoman from New York (Ms.VELAZQUEZ), the ranking minoritymember on the Committee on SmallBusiness, will allow the $140 million ap-propriated in this emergency supple-mental to also go toward the 7(a) and504 loan programs of the Small Busi-ness Administration if not all the fundshave been used for disaster relief. Theinitial appropriation of $100 millionlast September and this additionalfunding of $140 million is designated tosupport $1 billion in disaster relief. Asof November 19, the SBA approvednearly $142 million in total disaster re-lief.

The CHAIRMAN. The gentlemanfrom Illinois will suspend.

The amendment the Clerk read wasan amendment striking section 201. Isthat the amendment the gentlemanwishes to offer?

Mr. MANZULLO. I am not addressingthat. There are three amendments.

The CHAIRMAN. The amendmentthat the gentleman is addressing is notyet at the desk.

Mr. MANZULLO. I would withdrawmy remarks, and ask unanimous con-sent that the amendments that wehave striking sections 201 and 202 beconsidered en bloc, and then we couldreturn later to the first one which Iwas addressing.

The CHAIRMAN. Without objection,the amendment reported by the Clerkis withdrawn, and the amendmentsstriking sections 201 and 202 will beconsidered en bloc.

There was no objection.AMENDMENTS OFFERED BY MR. MANZULLO

Mr. MANZULLO. Mr. Chairman, Ioffer amendments en bloc.

The Clerk read as follows:Amendments offered by Mr. MANZULLO:

Page 148, beginning on line 9, strike sec-tion 201.

Page 148, beginning on line 23, strike sec-tion 202.

Mr. MANZULLO. Mr. Chairman, thisamendment strikes sections 202 andsection 201 and section 202. Section 202violates House rule XXI by authorizingin an appropriations bill, and it is thesame argument with section 201. Iwould ask for the support of the Com-mittee on Appropriations on this.


Mr. MANZULLO. I yield to the gen-tleman from Florida.

Mr. YOUNG of Florida. Mr. Chair-man, if the gentleman is prepared tocomplete his debate on this, we are pre-pared to accept his amendment.

Mr. MANZULLO. Mr. Chairman, I amfinished.

The CHAIRMAN. The question is onthe amendments offered by the gen-tleman from Illinois (Mr. MANZULLO).

The amendments were agreed to.AMENDMENT OFFERED BY MR. MANZULLO

Mr. MANZULLO. Mr. Chairman, Ioffer an amendment.

The Clerk read as follows:Amendment offered by Mr. MANZULLO:Page 148, line 7, after the period insert

‘‘Notwithstanding any other provision ofthis Act or any other law, funds made avail-able to the Small Business Administrationfrom amounts available in Public Law 107–38may be obligated for emergency expensesand business loan assistance related to theSeptember 11, 2001, terrorist attacks on theUnited States and related economic condi-tions under subsections (a) and (b) of section7 of the Small Business Act (15 U.S.C. 636)and title III and sections 503 and 504 of theSmall Business Investment Act of 1958 (15U.S.C. 661 et seq.).’’.

Mr. MANZULLO (during the read-ing). Mr. Chairman, I ask unanimousconsent that the amendment be consid-ered as read and printed in the RECORD.



man, I reserve a point of order on thisamendment.


The gentleman from Illinois (Mr.MANZULLO) is recognized for 5 minutes.

Mr. MANZULLO. Mr. Chairman, thisamendment, which I offer along withthe ranking minority member, the gen-tlewoman from New York (Ms.VELAZQUEZ), will allow the $140 millionappropriated in this emergency supple-mental to also go towards the 7(a) and504 loan program of the Small BusinessAdministration if not all the fundshave been used for disaster relief.

The initial appropriation of $100 mil-lion last September and this additionalfunding of $140 million is designed tosupport $1 billion in disaster relief. Asof November 19, the SBA approvednearly $142 million in total disaster re-lief, with only $24 million being actu-ally disbursed. It is quite conceivablethat the SBA may not use the entireallotment provided in this appropria-tions.

My amendment simply gives the SBAadministrator the flexibility to use allthese funds to provide additional reliefto small business borrowers who usethe main lending programs of the SBA,the 7(a) General Business Loan pro-gram and the 504 Certified Develop-ment Company program. The $240 mil-lion set aside for the SBA in P.L. 107–38 and H.R. 3338 should be used to helpas many small businesses as possible.

I urge my colleagues to support thisamendment.

Mr. OBEY. Mr. Chairman, I move tostrike the last word.

Mr. Chairman, I just rise to ask thegentleman a question. As I understandit, the gentleman just moved to strikein the previous amendment because itwas legislating on an appropriationsbill.

Mr. MANZULLO. Mr. Chairman, willthe gentleman yield?

Mr. OBEY. I yield to the gentlemanfrom Illinois.

Mr. MANZULLO. Mr. Chairman, thatis correct.

CONGRESSIONAL RECORD — HOUSEH8524 November 28, 2001Mr. OBEY. Now, reclaiming my time,

is it correct that the gentleman is pro-posing an amendment that legislateson an appropriations bill?

Mr. MANZULLO. Mr. Chairman, ifthe gentleman will yield further, it isquestionable as to whether it does ornot. I am sure the Committee on Ap-propriations will state that it does; andI will state that it does not for therecord, and I will probably lose. That iscorrect.

Mr. OBEY. Well, all I can say is itcertainly appears to me to do so, and Ifind that lack of consistency very in-teresting.

Mr. DAVIS of Illinois. Mr. Chairman, I rise insupport of the Manzullo and Velazquezamendment. The purpose of this amendmentis to allow $140 million appropriated in thisemergency supplemental to also go towardsthe 7(a) Loan Guaranty Program and the 504Certified Development Company Loan Pro-grams of the Small business Administrationproviding that not all the funds have beenused for disaster relief. This amendment willgive the Small Business Administration flexi-bility to use all appropriate funding to provideadditional relief to small business borrowerswho use main lending programs of the SmallBusiness Administration.

After 10 years of solid economic growth,America has entered an economic downturn.For the first time in a decade the economic in-dicators—benchmarks showing where we areand where we are going—all point down. Joblosses in technology and manufacturing haverisen dramatically and corporate bankruptcieswere nearly double what they were last year.Consumer confidence hit its lowest point inover a decade. Even though, the U.S. stockmarket saw a significant gain in the last 10years. However, the bottom has virtually fallenout as a result of the events of September 11.Now every industry is taking a huge hit asprofits and employment figures head into afree fall.

Part of the solution to this problem is forCongress and the President to implement asound and fair fiscal policy that will provide aneconomic stimulus for the general public andsmall businesses. Since small businesses ac-count for 99.7 percent of America’s employers,it can play a vital role in bringing America outof this economic downturn.

To help American small business survivethis economic downturn, the Small BusinessAdministration must engage all available re-sources in facilitating entrepreneurship devel-opment, providing low- or no-interest loans,and more technical assistance programs tosmall businesses. The most important con-tribution Congress can make is to fund allSBA programs at their authorized levels.

I urge all my colleagues to support the Man-zullo and Velazquez amendment.

b 1815

POINT OF ORDER

Mr. YOUNG of Florida. Mr. Chair-man, I make a point of order.

The CHAIRMAN. The gentleman willstate his point of order.

Mr. YOUNG of Florida. Mr. Chair-man, I make a point of order againstthe amendment because it proposes tochange existing law and constituteslegislation in an appropriations bill

and, therefore, violates clause 2 of ruleXXI.

The rule states, in pertinent part,‘‘An amendment to a general appro-priations bill shall not be in order ifchanging existing law.’’ This amend-ment changes existing law. I ask for aruling on the point of order.

The CHAIRMAN. Does the gentlemanfrom Illinois (Mr. MANZULLO) wish tobe heard on the point of order?

Mr. MANZULLO. Yes, I wish to beheard on the point of order.

This amendment simply gives theflexibility to the SBA administrator touse leftover funds already appropriatedto also go towards a 7(a) and 504 loanprogram. There is sufficient authoriza-tion already in place to cover the ex-pected increase in demand as thoseturned down for disaster look to othersources for assistance. This amend-ment does not require that this fundinggo towards 7(a) in a 504 loan program,it simply provides discretion to theSBA administrator. On line 3 and 4 theamendment clearly states that fundsmade available to the Small BusinessAdministration from amounts avail-able in P.L. 107–38 may be obligated foremergency expenses and business loanassistance for the purpose of disasterloan programs and also the 7(a) and the504 programs.

We would argue that this is not anopen-ended commitment; this is a one-time emergency response to a creditcrisis facing small businesses acrossthe Nation.

Earlier this month the Federal Re-serve released reports which statedthat banks are imposing tougher stand-ards on business loans over the last 3months because of the slowing econ-omy. We need fee relief in the 7(a) and504 loan programs in order to get oureconomy back on track. So this doesnot spend any extra money, it simplyworks within the parameters of the dis-cretion of the SBA administrator and,therefore, I do not believe that we arelegislating on an appropriations bill.


The Chair finds that this amendmentexplicitly supersedes existing law. Theamendment, therefore, constitutes leg-islation in violation of clause 2 of ruleXXI. The point of order is sustained,and the amendment is not in order.

AMENDMENT OFFERED BY MR. SANDERS

Mr. SANDERS. Mr. Chairman, I offeran amendment.



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, thisamendment is cosponsored by the gen-tleman from Illinois (Mr. DAVIS), thegentleman from New York (Mr. HIN-CHEY), the gentleman from Massachu-setts (Mr. TIERNEY), and the gentle-woman from Wisconsin (Ms. BALDWIN).

Mr. Chairman, today we are talkingabout bioterrorism and how to protectthe American people against thisnightmare, and that is an appropriatesubject of discussion and somethingthat the American people want us toaddress. But we must be frank and saythat if, God forbid, this country wasever subjected to a major terrorist at-tack in terms of biological, chemical,or nuclear weapons, we must admitthat we currently do not have the pub-lic health infrastructure to deal withsuch a crisis. This bill contains manyimportant provisions to fill that gap,and I support those provisions, but itstill leaves a very large hole.

Mr. Chairman, 44 million Americanshave no health insurance or any pri-mary care physician, and tens of mil-lions more are inadequately insured. Inthe event of a national medical emer-gency, where would these people turnfor medical assistance? How, in an or-derly and effective way, would millionsof people receive the medications andmedical care they need on the sameday?

In my view, the United States Gov-ernment must make certain that everycommunity in America, in our largecities and in our rural small towns,have a public health capability fortreating all people, regardless of in-come, regardless of geographical loca-tion. It is inconceivable to me that wecan talk seriously about addressing thenightmare of bioterrorism without ad-dressing the issue of public health in-frastructure. We can have all the medi-cine we want, we can have all the vac-cines we want, and we must have that,but they will not do us any good ifthere is not a public health infrastruc-ture to make sure that that medicineis adequately and effectively distrib-uted and that all people are able to getthe health care that they need. Thatwill not be easy.

Mr. Chairman, this amendment be-gins to address that problem by pro-viding $100 million in additional fund-ing for federally qualified communityhealth centers. The good news here isthat we are not reinventing the wheelin this area, because FQHCs have al-ready shown in urban areas and inrural areas that they can provide qual-ity health care to all people at a verycost-effective rate.

Mr. Chairman, FQHCs already existin every State in this country and arewidely recognized as doing a great job.They have widespread support on bothsides of the aisle and from PresidentBush and Secretary of Health andHuman Services Thompson. The onlyproblem is that there are not enough ofthem, and if we are serious about pro-tecting the American people from bio-terrorism, we must build more. Thebottom line is that every Americanmust know that in the event of a na-tional medical emergency, there is apublic health place that they can go toget the drugs that they need and to getthe health care they need that does not

CONGRESSIONAL RECORD — HOUSE H8525November 28, 2001exist now. And in my view, by expand-ing the community health center pro-gram, we can go a long way in makingthat access available to all people.

So, Mr. Chairman, I think that this isan important amendment, it is widelysupported, and I would hope the mem-bership would accept it.

Mr. LEWIS of California. Mr. Chair-man, we very much appreciate thebrevity of the gentleman and, withthat, we have no objection to theamendment.

Mr. OBEY. Mr. Chairman, we alsohave no objection on this side of theaisle.

Mr. DAVIS of Illinois. Mr. Chairman,I rise in support of the amendment.

I simply appreciate the fact that thisamendment is accepted. I commend thegentleman for introducing it. Commu-nity health centers do, in fact, havethe infrastructure in place, and I thinkit is a great amendment, and I appre-ciate the chairman and the rankingmember for accepting the amendment.

Mr. Chairman, I rise in support of the Sand-ers amendment. This amendment simply redi-rects $1 million from the Public Health andEmergency Fund to Community Health Cen-ters to make sure that they are prepared inthe event of a bioterrorism attack.

Community Health Centers are the first re-sponders; they are the community doctors tomore than 12 million patients a year. Theyprovide quality affordable health care to theuninsured, working poor, and Medicaid andMedicare populations.

The tragic events of September 11th havechanged our lives forever. It has caused us tore-examine our public health infrastructure—todetermine whether we are prepared should abioterrorism attack occur. The Illinois PrimaryHealth Care Association just distributed a‘‘White Paper’’ on this very subject. They sug-gest that the unfortunate reality of today is thatcommunity health centers in Illinois andthroughout the country are not well preparedto fulfill their role as first responders in theevent of a bioterrorist attack. They note thathealth center personnel presently lack ade-quate (if any) training to detect the symptomsassociated with bioterrorism. Additionally,health center personnel lack the capacity toconduct mass inoculations, and they do notpossess the communications infrastructurenecessary to quickly share suspicious diag-nosis information with other entities in thecommunity and public health sector. Finally,many Illinois community health centers lackany formal plan to manage the consequencesof a bioterrorist attack and community and re-gional planning has been inadequate.

This ‘‘White Paper’’ really underscores theweaknesses in our public health infrastructure.We must not only ensure our strengthabroad—but we must solidify our strength athome. A public health infrastructure that isstrong provides security for all of our citizens.This is a matter of public health. The Sandersamendment proposes to strengthen our publichealth infrastructure by redirecting $1 millionto our first responders—community healthcenters.

This is a good amendment because it willprovide the resources needed to assist intraining health center personnel on bioter-rorism and upgrading existing facilities. It will

also help to create additional health centersand provide resources to strengthen our inte-grated information system.

The CHAIRMAN. The question is onthe amendment offered by the gen-tleman from Vermont (Mr. SANDERS).

The amendment was agreed to.AMENDMENT OFFERED BY MRS. LOWEY

Mrs. LOWEY. Mr. Chairman, I offeran amendment.

The CHAIRMAN pro tempore (Mr.SIMPSON). Is there objection to consid-eration of the amendment at this stageof 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 ANDRECOVERY PROVISIONSDEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TEMPORARY EMERGENCY UNEMPLOYMENTASSISTANCE FOR THE STATE OF NEW YORK

For emergency expenses to respond to theSeptember 11, 2001, terrorist attacks on theUnited States, for payment to the specialfund established and administered by theState of New York for the payment of unem-ployment compensation (as referred to insection 3306(f) of the Internal Revenue Codeof 1986), $880,000,000, to remain availableuntil expended: Provided, That such amountshall be available only to provide assistanceto dislocated workers in New York City andthe State of New York who are unemployedas a consequence of those attacks, in accord-ance with succeeding provisions of this para-graph: Provided further, That such amountshall not be paid over to such special funduntil such time as the State of New York en-ters into an agreement with the Secretary ofLabor, under the terms of which suchamount shall be used only (1) to provide forup to 26 weeks of regular compensation todisplaced workers (described in the precedingproviso) in accordance with the unemploy-ment compensation law of that State, (2) toprovide for up to 26 weeks of extended com-pensation, under a program establishedunder such agreement, for any such dis-placed workers who have, beginning withany week that begins on or after September11, 2001, and before the week that includesDecember 31, 2002, exhausted all rights toregular compensation under the unemploy-ment compensation law of that State, (3) toprovide for up to 26 weeks of benefits, undera program established under such agreement,for any such displaced workers not otherwiseeligible for benefits under the unemploymentcompensation law of that State (weekly ben-efits under such program not to exceed themaximum weekly amount authorized underthe unemployment compensation law of thatState), and (4) notwithstanding any otherprovision of State or Federal law, to coveradministrative expenses incurred by thatState in connection with any compensationor benefits provided for under clauses (1)–(3);and the State of New York has taken suchmeasures as may be necessary to ensure thatthe provisions of such agreement relating toclauses (2) and (3) will be implemented: Pro-vided further, That such amount may be usedto reimburse the appropriate fund or accountof the State of New York for any amountsdescribed in clause (1) or (4) of the precedingproviso which were paid or incurred afterSeptember 11, 2001, and before the date of theenactment of this Act with respect to suchdisplaced workers: Provided further, That, in

determining (for purposes of this paragraph)whether an individual’s separation from em-ployment was as a consequence of the Sep-tember 11, 2001, terrorist attacks on theUnited States, the relevant authority mayconsider the displacement of businesses inand around the World Trade Center area, dis-locations for workers employed in businessesserving clients in and around the WorldTrade Center area, the effect of the attackson travel and tourism in the New York Cityarea, and the effect of the attacks on theability of businesses to distribute goods andservices in the New York City area: Providedfurther, That, in connection with any com-pensation payable under chapter 85 of title 5,United States Code, and any compensationpayable on the basis of services to which sec-tion 3309(a)(1) of the Internal Revenue Codeof 1986 applies, any amounts paid out of theamount appropriated by this paragraph shallnot be required to be repaid: Provided further,That the amount provided in this paragraphis designated by the Congress as an emer-gency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.PREMIUM ASSISTANCE FOR COBRA CONTINU-

ATION COVERAGE FOR CERTAIN INDIVIDUALSIMPACTED BY THE TERRORIST ATTACKS

SEC. 2101. (a) ESTABLISHMENT.—(1) IN GENERAL.—Not later than 60 days

after the date of enactment of this Act, theSecretary of the Treasury, in consultationwith the Secretary of Labor, shall establisha program under which premium assistancefor COBRA continuation coverage shall beprovided for qualified individuals under thissection.

(2) QUALIFIED INDIVIDUALS.—For purposesof this section, a qualified individual is anindividual who—

(A)(i) becomes entitled to elect COBRAcontinuation coverage—

(I) as a result of the loss of employment inNew York City or New York State of the in-dividual as a consequence of the September11, 2001, terrorist attacks on the UnitedStates; or

(II) as a result of a reduction of hours ofemployment in New York City or New YorkState of the individual as a consequence ofsuch attacks; or

(ii) is the beneficiary of an individualwho—

(I) is described in clause (i); or(II) was employed in New York City or New

York State at the time of such attacks andwas killed as a result of such attacks;

(B) has elected such coverage; and(C) enrolls in the premium assistance pro-

gram under this section by not later thanthe end of the 1-year period beginning on thedate of the enactment of this Act.

(3) SCOPE OF CONSEQUENCES OF ATTACK.—For purposes of this section (and the suc-ceeding section), in determining whether anindividual’s loss of employment or reductionin hours of employment is a consequence ofthe September 11, 2001, terrorist attacks onthe United States, there shall be taken intoconsideration the displacement of businessesin and around the World Trade Center area,dislocations for workers employed in busi-nesses serving clients in and around theWorld Trade Center area, the effect of the at-tacks on travel and tourism in the New YorkCity area, and the effect of the attacks onthe ability of businesses to distribute goodsand services in the New York City area.

CONGRESSIONAL RECORD — HOUSEH8526 November 28, 2001(4) STATE OPTION TO ELECT ADMINISTRATION

OF PROGRAM.—(A) IN GENERAL.—A State may elect to ad-

minister the premium assistance programestablished under this section if the Statesubmits to the Secretary of the Treasury,not later than January 1, 2002, a plan thatdescribes how the State will administer suchprogram on behalf of qualified individualswho reside in the State beginning on thatdate.

(B) PAYMENTS.—In the case of a State thatsubmits a plan under subparagraph (A), sub-ject to subsection (k), the Secretary of theTreasury shall pay to each such State anamount for each quarter equal to the totalamount of premium subsidies provided inthat quarter on behalf of such individuals.

(5) IMMEDIATE IMPLEMENTATION.—The pro-gram established under this section shall beimplemented without regard to whether ornot final regulations to carry out such pro-gram have been promulgated by the deadlinedescribed in paragraph (1).

(b) LIMITATION OF PERIOD OF PREMIUM AS-SISTANCE.—Premium assistance providedunder this subsection shall end with respectto an individual on the earlier of—

(1) the date the individual is no longer cov-ered under COBRA continuation coverage; or

(2) 12 months after the date the individualis first enrolled in the premium assistanceprogram established under this section.

(c) PAYMENT AND CREDITING OF ASSIST-ANCE.—

(1) AMOUNT OF ASSISTANCE.—Premium as-sistance provided under this section shall beequal to 100 percent of the amount of thepremium required for the COBRA continu-ation coverage.

(2) PROVISION OF ASSISTANCE.—Premium as-sistance provided under this section shall beprovided through the establishment of directpayment arrangements with a group healthplan (including a multiemployer plan), anissuer of health insurance coverage, an ad-ministrator, or an employer as appropriatewith respect to the individual provided suchassistance. It shall be a fiduciary duty of theplan, issuer, administrator, or employer toenter into such arrangements under this sec-tion.

(3) PREMIUMS PAYABLE BY QUALIFIED INDI-VIDUAL REDUCED BY AMOUNT OF ASSISTANCE.—Premium assistance provided under this sec-tion shall be credited by such plan, issuer,administrator, or employer against the pre-mium otherwise owed by the individual in-volved for such coverage.

(d) CHANGE IN COBRA NOTICE.—(1) GENERAL NOTICE.—(A) IN GENERAL.—In the case of notices pro-

vided under section 4980B(f)(6) of the InternalRevenue Code of 1986 with respect to individ-uals who, on or after September 11, 2001, andbefore the end of the 1-year period beginningon the date of the enactment of this Act, be-come entitled to elect COBRA continuationcoverage, such notices shall include an addi-tional notification to the recipient of theavailability of premium assistance for suchcoverage under this section.

(B) ALTERNATIVE NOTICE.—In the case ofCOBRA continuation coverage to which thenotice provision under section 4980B(f)(6) ofthe Internal Revenue Code of 1986 does notapply, the Secretary of the Treasury shall, incoordination with group health plans, healthinsurance issuers, administrators, and em-ployers that provide or administer theCOBRA continuation coverage involved, as-sure provision of such notice.

(C) FORM.—The requirement of the addi-tional notification under this paragraph maybe met by amendment of existing noticeforms or by inclusion of a separate documentwith the notice otherwise required.

(2) SPECIFIC REQUIREMENTS.—Each addi-tional notification under paragraph (1) shallinclude—

(A) the forms necessary for establishingeligibility under subsection (a)(2)(A) and en-rollment under subsection (a)(2)(C) in con-nection with the coverage with respect toeach qualified individual;

(B) the name, address, and telephone num-ber necessary to contact the plan adminis-trator and any other person maintaining rel-evant information in connection with thepremium assistance; and

(C) the following statement displayed in aprominent manner:

‘‘You may be eligible to receive assistancewith payment of 100 percent of your COBRAcontinuation coverage premiums for a dura-tion of not to exceed 12 months.’’.

(3) NOTICE RELATING TO RETROACTIVE COV-ERAGE.—In the case of such notices pre-viously transmitted before the date of theenactment of this Act in the case of a quali-fied individual who has elected (or is still eli-gible to elect) COBRA continuation coverageas of the date of the enactment of this Act,the group health plan, health insuranceissuer, administrator, or employer involvedor the Secretary of the Treasury (in the casedescribed in the paragraph (1)(B)) shall pro-vide (within 60 days after the date of the en-actment of this Act) for the additional noti-fication required to be provided under para-graph (1).

(4) MODEL NOTICES.—The Secretary shallprescribe models for the additional notifica-tion required under this subsection.

(f) OBLIGATION OF FUNDS.—Subject to sub-section (k), this section constitutes budgetauthority in advance of appropriations Actsand represents the obligation of the FederalGovernment to provide for the payment ofpremium assistance under this section.

(g) PROMPT ISSUANCE OF GUIDANCE.—TheSecretary of the Treasury, in consultationwith the Secretary of Labor, shall issue guid-ance under this section not later than 30days after the date of the enactment of thisAct.

(h) DEFINITIONS.—In this section:(1) ADMINISTRATOR.—The term ‘‘adminis-

trator’’ has the meaning given such term insection 3(16) of the Employee Retirement In-come Security Act of 1974.

(2) BENEFICIARY.—The term ‘‘beneficiary’’has the meaning given such term under sec-tion 1002 of the Employee Retirement In-come Security Act of 1974.

(3) COBRA CONTINUATION COVERAGE.—Theterm ‘‘COBRA continuation coverage’’means continuation coverage provided pur-suant to title XXII of the Public HealthService Act, section 4980B of the InternalRevenue Code of 1986 (other than subsection(f)(1) of such section insofar as it relates topediatric vaccines), part 6 of subtitle B oftitle I of the Employee Retirement IncomeSecurity Act of 1974 (other than under sec-tion 609), section 8905a of title 5, UnitedStates Code, under a State program that pro-vides continuation coverage comparable tosuch continuation coverage, or other com-parable continuation coverage offered to abeneficiary under a group health plan.

(4) FEDERAL PUBLIC BENEFIT.—The term‘‘Federal public benefit’’ has the meaninggiven that term in section 401(c) of the Per-sonal Responsibility and Work OpportunityReconciliation Act of 1996 (8 U.S.C. 1611(c)).

(5) GROUP HEALTH PLAN.—The term ‘‘grouphealth plan’’ has the meaning given thatterm in section 2791(a) of the Public HealthService Act (42 U.S.C. 300gg–91(a)) and in sec-tion 607(1) of the Employee Retirement In-come Security Act of 1974 (29 U.S.C. 1167(1)).

(6) MULTIEMPLOYER PLAN.—The term ‘‘mul-tiemployer plan’’ has the meaning given thatterm in section 3(37) of the Employee Retire-

ment Income Security Act of 1974 (29 U.S.C.1002(37)).

(7) STATE.—The term ‘‘State’’ means theState of New York.

(8) STATE OR LOCAL PUBLIC BENEFIT.—Theterm ‘‘State or local public benefit’’ has themeaning given that term in section 411(c) ofthe Personal Responsibility and Work Oppor-tunity Reconciliation Act of 1996 (8 U.S.C.1621(c)).

(i) EMERGENCY DESIGNATION.—The amountprovided in this section is designated by theCongress as an emergency requirement pur-suant to the Balanced Budget and Emer-gency Deficit Control Act of 1985. Suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

(j) DISREGARD OF SUBSIDIES FOR PURPOSESOF FEDERAL AND STATE PROGRAMS.—Not-withstanding any other provision of law, anypremium assistance provided to, or on behalfof, an individual under this section, shall notbe considered income or resources in deter-mining eligibility for, or the amount of as-sistance or benefits provided under, anyother Federal public benefit or State or localpublic benefit.

(k) LIMITATION ON AMOUNT.—(1) IN GENERAL.—Notwithstanding any

other provision of this section or section2102, in no case shall the total amount thatmay be obligated under this section and sec-tion 2102 exceed $1,025,000,000.

(2) CONTINGENCY MECHANISM.—(A) IN GENERAL.—The Secretaries of the

Treasury and Health and Human Servicesshall cooperatively establish a mechanism toassure that the total amount obligated underthis section and section 2102 does not exceedthe amount specified in paragraph (1).

(B) USE OF FIRST COME, FIRST SERVED MECH-ANISM.—Under such mechanism—

(i) with respect to this section, the Sec-retary of the Treasury shall provide, in co-ordination with States to the extent applica-ble, the assistance under this section givingpriority based upon the order in which aqualified individual applies for assistance ina manner consistent with subparagraph (A);and

(ii) with respect to section 2102, the Sec-retary of Health and Human Services shallprovide that the Federal financial participa-tion provided under such section shall beavailable to States giving priority basedupon the order of qualifying expendituresunder State plans in a manner consistentwith subparagraph (A).OPTIONAL TEMPORARY MEDICAID COVERAGE FOR

CERTAIN UNINSURED INDIVIDUALS IMPACTEDBY THE TERRORIST ATTACKS

SEC. 2102. (a) IN GENERAL.—Notwith-standing any other provision of law, with re-spect to any month before the ending month,a State may elect to provide, under its med-icaid program under title XIX of the SocialSecurity Act, medical assistance in the caseof an individual—

(1)(A) who lost employment in New YorkCity or New York State as a consequence ofthe September 11, 2001, terrorist attacks onthe United States;

(B) who experienced a reduction of hours ofemployment in New York City or New YorkState as a consequence of such attacks; or

(C) who is the spouse or dependent childof—

(i) an individual described in subparagraph(A) or (B); or

(ii) an individual who was employed in NewYork City or New York State and was killedas a result of such attacks;

CONGRESSIONAL RECORD — HOUSE H8527November 28, 2001(2) who is not eligible for COBRA continu-

ation coverage (as defined in section2101(h)(3)); and

(3) who is uninsured.(b) LIMITATION OF PERIOD OF COVERAGE.—

Assistance under this section shall end withrespect to an individual on the earlier of—

(1) the date the individual is no longer un-insured; or

(2) 12 months after the date the individualis first determined to be eligible for medicalassistance under this section.

(c) SPECIAL RULES.—In the case of medicalassistance provided under this section—

(1) the Federal medical assistance percent-age under section 1905(b) of the Social Secu-rity Act shall be 100 percent;

(2) a State may elect to disregard (or applyalternative) income, asset, and resource lim-itations and the provisions of section 1916(g)of such Act, except that in no case shall aState cover individuals with higher familyincome without covering individuals with alower family income;

(3) such medical assistance shall not beprovided for periods before the date the indi-vidual becomes uninsured;

(4) individuals eligible for medical assist-ance under this section shall be deemed to bedescribed in the list of individuals describedin the matter preceding paragraph (1) of sec-tion 1905(a) of such Act; and

(5) the Federal financial participation withrespect to such assistance is subject to thelimitations specified in section 2101(k).

(d) DEFINITIONS.—For purposes of this Act:(1) UNINSURED.—The term ‘‘uninsured’’

means, with respect to an individual, thatthe individual is not covered under—

(A) a group health plan (as defined in sec-tion 2791(a) of the Public Health ServiceAct),

(B) health insurance coverage (as definedin section 2791(b)(1) of the Public HealthService Act), or

(C) a program under title XVIII, XIX, orXXI of the Social Security Act, other thanunder such title XIX pursuant to this sec-tion.For purposes of this paragraph, such cov-erage under subparagraph (A) or (B) shall notinclude coverage consisting solely of cov-erage of excepted benefits (as defined in sec-tion 2791(c) of the Public Health ServiceAct).

(2) STATE.—The term ‘‘State’’ has themeaning given such term for purposes oftitle XIX of the Social Security Act.

(3) ENDING MONTH.—The term ‘‘endingmonth’’ means the last month that beginsbefore the date that is 1 year after the dateof the enactment of this Act.

(e) EFFECTIVE DATE.—This section shalltake effect upon its enactment, whether ornot regulations implementing this sectionare issued.

(f) EMERGENCY DESIGNATION.—The amountprovided in this section is designated by theCongress as an emergency requirement pur-suant to the Balanced Budget and Emer-gency Deficit Control Act of 1985. Suchamount shall be available only to the extentthat an official budget request, that includesdesignation of the entire amount of the re-quest as an emergency requirement as de-fined in the Balanced Budget and EmergencyDeficit Control Act of 1985, is transmitted bythe President to the Congress.

TITLE III—ADDITIONAL EMERGENCYRELIEF AND RECOVERY PROVISIONS

CHAPTER 1—LABOR PROGRAMSDEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION


Of the amount provided under this headingin title I of this division, $32,400,000 shall be

provided to the Consortium for Worker Edu-cation, established by the New York CityCentral Labor Council and the New YorkCity Partnership, for an Emergency Employ-ment Clearinghouse.

STATE UNEMPLOYMENT SECURITY OFFICE

WORKERS COMPENSATION PROGRAMS


September 11, 2001 terrorist attacks on theUnited States, for workers compensationprograms in accordance with this paragraph,$195,000,000, to remain available until ex-pended: Provided, That, of such amount,$145,000,000 shall be for payment to the NewYork State Workers Compensation ReviewBoard, for the processing of claims related tothe terrorist attacks: Provided further, That,of such amount, $25,000,000 shall be for pay-ment to the New York State Uninsured Em-ployers Fund, for reimbursement of claimsrelated to the terrorist attacks: Provided fur-ther, That, of such amount, $25,000,000 shallbe for payment to the New York State Unin-sured Employers Fund, for reimbursement ofclaims related to the first response emer-gency services personnel who were injured,were disabled, or died due to the terrorist at-tacks: Provided further, That the amount pro-vided in this paragraph is designated by theCongress as an emergency requirement pur-suant to section 251(b)(2)(A) of the BalancedBudget and Emergency Deficit Control Actof 1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

CHAPTER 2—HEALTH AND HUMANSERVICES PROGRAMS


HEALTH RESOURCES AND SERVICESADMINISTRATION

HEALTH RESOURCES AND SERVICES

For an additional amount for ‘‘Health Re-sources and Services’’ to reimburse localarea public and private hospitals for unreim-bursed care provided in response to the Sep-tember 11, 2001 terrorist attacks on theUnited States, including overtime costs,equipment and supplies destroyed or dam-aged in the attack, $140,000,000, to remainavailable until expended: Provided, That theamount provided in this paragraph is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

CENTERS FOR DISEASE CONTROL ANDPREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For an additional amount for ‘‘DiseaseControl, Research, and Training’’ for base-line safety screening for the emergency serv-ices personnel and rescue and recovery per-sonnel who served in response to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $12,000,000, to remain avail-able until expended: Provided, That theamount provided in this paragraph is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, That

such amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement asdefined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTALHEALTH SCIENCES

For an additional amount for ‘‘National In-stitute of Environmental Sciences’’ to re-spond to the September 11, 2001, terrorist at-tacks on the United States, for carrying outactivities set forth in section 311(a) of theComprehensive Environmental Response,Compensation, and Liability Act of 1980,$10,450,000, to remain available until ex-pended: Provided, That the amount providedin this paragraph is designated by the Con-gress as an emergency requirement pursuantto section 251(b)(2)(A) of the Balanced Budg-et and Emergency Deficit Control Act of1985: Provided further, That such amountshall be available only to the extent that anofficial budget request, that includes des-ignation of the entire amount of the requestas an emergency requirement as defined inthe Balanced Budget and Emergency DeficitControl Act of 1985, is transmitted by thePresident to the Congress.

CHAPTER 3—COMMERCE PROGRAMS




For an additional amount for emergencygrants authorized by section 392 of the Com-munications Act of 1934 to respond to theSeptember 11, 2001 terrorist attacks on theWorld Trade Center, $6,500,000, to remainavailable until expended: Provided, That suchamount is designated by the Congress as anemergency requirement pursuant to section251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 4—COMMUNITY DEVELOPMENTAND FEMA PROGRAMS

DEPARTMENT OF HOUSING AND URBANDEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for ‘‘CommunityDevelopment Fund’’, to respond to the Sep-tember 11, 2001 terrorist attacks on theUnited States, $900,000,000, to remain avail-able until expended: Provided, That suchfunds shall be subject to the first throughsixth provisos in section 434 of the Depart-ments of Veterans Affairs and Housing andUrban Development, and Independent Agen-cies Appropriations Act, 2002 : Provided fur-ther, That, of the amount provided in thisparagraph, $10,000,000 shall be used for a pro-gram to aid the travel and tourism industryin New York City: Provided further, That theamount provided in this paragraph is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985: Provided further, Thatsuch amount shall be available only to theextent that an official budget request, thatincludes designation of the entire amount ofthe request as an emergency requirement as

CONGRESSIONAL RECORD — HOUSEH8528 November 28, 2001defined in the Balanced Budget and Emer-gency Deficit Control Act of 1985, is trans-mitted by the President to the Congress.

INDEPENDENT AGENCIESFEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘DisasterRelief’’, to respond to the September 11, 2001terrorist attacks on the United States,$6,560,000,000, to remain available until ex-pended: Provided, That such amount shall befor recovery activities and assistance in NewYork City and the State of New York, North-ern Virginia, and Pennsylvania: Provided fur-ther, That, of the amount provided in thisparagraph, $1,350,000,000 shall be for the Of-fice of World Trade Center Attack Claims,created in chapter 5 of this division: Providedfurther, That, of the amount provided in thisparagraph, the Federal Emergency Manage-ment Agency may provide up to $110,000,000to the New York City Board of Education tocompensate the Board for the costs of pro-viding additional classroom instruction andrelated activities to students who lost in-structional time as a result of the September11, 2001 terrorist attack on New York City:Provided further, That, of the amount pro-vided in this paragraph, not less than$600,000,000 shall be for public facilities de-fined in section 3601 of this division: Providedfurther, That the amount provided in thisparagraph is designated by the Congress asan emergency requirement pursuant to sec-tion 251(b)(2)(A) of the Balanced Budget andEmergency Deficit Control Act of 1985: Pro-vided further, That such amount shall beavailable only to the extent that an officialbudget request, that includes designation ofthe entire amount of the request as an emer-gency requirement as defined in the Bal-anced Budget and Emergency Deficit ControlAct of 1985, is transmitted by the Presidentto the Congress.

CHAPTER 5—WORLD TRADE CENTERATTACK 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 followingdefinitions apply:

(1) AFFECTED AREA.—The term ‘‘affectedarea’’ means the area south of Canal Streetin the borough of Manhattan, New YorkCity, New York.

(2) ATTACK.—The term ‘‘attack’’ means theattack on the World Trade Center in NewYork City that occurred on September 11,2001.

(3) CLAIM.—The term ‘‘claim’’ means aclaim by an injured person under this chap-ter for payment for injury suffered by the in-jured person as a result of the attack.

(4) CLAIMANT.—The term ‘‘claimant’’means an injured person that submits aclaim under section 3504(b).

(5) DIRECTOR.—The term ‘‘Director’’means—

(A) the Director of the Federal EmergencyManagement Agency; or

(B) if an Independent Claims Manager isappointed under section 3503(d)(4), the Inde-pendent Claims Manager.

(6) INJURED PERSON.—(A) IN GENERAL.—The term ‘‘injured per-

son’’ means an individual, corporation, part-nership, company, association, cooperative,joint venture, limited liability company, es-tate, trust, or nonprofit organization that—

(i) suffered injury as a result of the attack;and

(ii) resides or maintains a place of businessin the affected area.

(B) EXCLUSIONS.—The term ‘‘injured per-son’’ does not include—

(i) a lender that holds a mortgage on or se-curity interest in real or personal propertyaffected by the attack; or

(ii) a person that holds a lien on real orpersonal property affected by the attack.

(7) OFFICE.—The term ‘‘Office’’ means theOffice of World Trade Center Attack Claimsestablished by section 3503.

OFFICE OF WORLD TRADE CENTER ATTACKCLAIMS

SEC. 3503. IN GENERAL.—There is estab-lished within the Federal Emergency Man-agement Agency an office to be known as the‘‘Office of World Trade Center AttackClaims’’.

(b) PURPOSE.—The Office shall receive,process, and pay claims in accordance withsection 3504.

(c) FUNDING.—The Office—(1) shall be funded from funds made avail-

able under this chapter; and(2) may reimburse any other Federal agen-

cy for provision of assistance in the receiptand processing of claims.

(d) PERSONNEL.—(1) IN GENERAL.—The Office may appoint

and fix the compensation of such temporarypersonnel as are necessary to carry out theduties of the Office, without regard to theprovisions of title 5, United States Code, gov-erning appointments in the competitiveservice.

(2) PERSONNEL FROM OTHER AGENCIES.—Onthe request of the Director, the head of anyother Federal agency may detail, on a reim-bursable basis, any of the personnel of theagency to the Federal Emergency Manage-ment Agency to assist the Office in carryingout the duties of the Office under this chap-ter.

(3) EFFECT ON OTHER FEMA DUTIES.—The es-tablishment of the Office shall not diminishthe authority of, or funding available to, theDirector to carry out the responsibilities ofthe Federal Emergency Management Agencyunder the Robert T. Stafford Disaster Reliefand Emergency Assistance Act (42 U.S.C.5121 et seq.), including the timely provisionof disaster assistance to any area with re-spect to which a major disaster or emer-gency is declared by the President to existduring the period in which the Director car-ries out this chapter.

(4) APPOINTMENT OF INDEPENDENT CLAIMSMANAGER.—The Director may appoint anIndependent Claims Manager to head the Of-fice and to assume the duties of the Directorunder this chapter.

COMPENSATION FOR VICTIMS OF THE ATTACK

SEC. 3504. (a) IN GENERAL.—Each injuredperson may receive from the United Statescompensation for injury suffered by the in-jured person as a result of the attack, as de-termined by the Director in accordance withsubsection (d).

(b) SUBMISSION OF CLAIMS.—Not later than2 years after the date on which interim finalregulations are promulgated under sub-section (h), an injured person may submit tothe Director a written claim for payment ofinjury suffered by the injured person as a re-sult of the attack in accordance with suchrequirements as the Director determines tobe appropriate.

(c) INVESTIGATION OF CLAIMS.—The Direc-tor shall investigate, adjust, grant, deny,settle, or compromise any claim submittedunder 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 nec-

essary to compensate the injured person forinjury described in paragraph (2) suffered asa result of the attack during the period be-ginning on September 11, 2001, and ending onMarch 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 ofa claim; or

(ii) punitive damages or any other form ofnoncompensatory damages; and

(D) shall not exceed $500,000, except in thecase of a claim for which the Director deter-mines that a greater amount is appropriate.

(2) TYPES OF INJURY.—(A) RESIDENTIAL LOSS.—Under paragraph

(1), an injured person may receive paymentfor a residential loss consisting of 1 or moreof the following:

(i) An uninsured or underinsured propertyloss.

(ii) Damage to or destruction of physicalinfrastructure.

(iii) An insurance deductible.(iv) A temporary living or relocation ex-

pense.(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 abusiness loss consisting of 1 or more of thefollowing:

(i) An uninsured or underinsured propertyloss.

(ii) Damage to or destruction of physicalinfrastructure.

(iii) Damage to or destruction of tangibleassets or inventory.

(iv) A business interruption loss.(v) Overhead costs.(vi) Employee wages for work not per-

formed.(vii) An insurance deductible.(viii) A temporary relocation expense.(ix) Debris removal and other cleanup

costs.(x) Any other type of injury that the Direc-

tor determines to be appropriate.(3) BURDEN OF PROOF.—(A) IN GENERAL.—Subject to subparagraph

(B), a claimant shall have the burden of dem-onstrating injury suffered by the claimant.

(B) ABSENCE OF DOCUMENTS.—If documen-tary evidence substantiating injury is notreasonably available, the Director may pay aclaim based on an affidavit or other docu-mentation 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 thedate on which a claim is submitted undersubsection (b), the Director shall—

(i) determine the amount, if any, to be paidfor the claim; and

(ii) pay the amount.(B) PRIORITY.—The Director may establish

priorities for processing and paying claimsbased on—

(i) an assessment of the needs of the claim-ants; and

(ii) any other criteria that the Director de-termines to be appropriate.

(C) PARAMETERS OF DETERMINATION.—In de-termining and paying a claim, the Directorshall determine only—

(i) whether the claimant is an injured per-son;

(ii) whether the injuries that are the sub-ject of the claim resulted from the attack;

(iii) the amount, if any, to be paid underthis section; and

(iv) the person or persons entitled to re-ceive the amount.

(D) INSURANCE AND OTHER BENEFITS.—(i) IN GENERAL.—Subject to clause (ii), to

prevent recovery by a claimant in excess ofthe equivalent of actual compensatory dam-ages in accordance with subsection (d), theDirector, in determining the amount of, and

CONGRESSIONAL RECORD — HOUSE H8529November 28, 2001paying, a claim, shall reduce the amount tobe paid for the claim by an amount that isequal to the sum of the payments or settle-ments of any kind that were paid, or will bepaid, with respect to the claim, including—

(I) payments on insurance policies; and(II) benefits under the public assistance

program, individual assistance program, orother program of the Federal EmergencyManagement Agency or under a program ofany other Federal, State, or local agency.

(ii) GOVERNMENT LOANS.—Clause (i) shallnot apply to the receipt by a claimant of anyFederal, State, or local government loanthat is required to be repaid by the claimant.

(2) ADVANCE OR PARTIAL PAYMENTS.—At therequest of a claimant, the Director maymake 1 or more advance or partial paymentsbefore the final settlement of a claim.

(f) RECOVERY OF FUNDS IMPROPERLY PAIDOR MISUSED.—The United States may recoverany portion of a payment on a claim thatwas improperly paid to the claimant as a re-sult of—

(1) fraud or misrepresentation on the partof the claimant or a representative of theclaimant;

(2) a material mistake on the part of theUnited States;

(3) the payment of benefits described insubsection (e)(1)(D) that were not taken intoaccount in determining the amount of thepayment; or

(4) the failure of the claimant to cooperatein an audit.

(g) APPEALS OF DECISIONS.—(1) RIGHT OF APPEAL.—A claimant may ap-

peal a decision concerning payment of aclaim by filing, not later than 60 days afterthe date on which the claimant is notifiedthat the claim of the claimant will or willnot be paid, a notice of appeal—

(A) in the case of a decision on a claim re-lating to a business loss, with the Adminis-trator of the Small Business Administration;and

(B) in the case of a decision on a claim re-lating to a residential loss, with the Direc-tor.

(2) PERIOD FOR DECISION.—A decision con-cerning an appeal under paragraph (1) shallbe rendered not later than 90 days after thedate on which the notice of appeal is re-ceived.

(h) REGULATIONS.—Notwithstanding anyother provision of law, not later than 45 daysafter the date of enactment of this Act—

(1) the Director shall promulgate and pub-lish in the Federal Register interim finalregulations for the processing and paymentof claims; and

(2) the Director and the Administrator ofthe Small Business Administration shalljointly promulgate and publish in the Fed-eral Register procedures under which a dis-pute concerning payment of a claim may besettled through an appeals process describedin subsection (g).

(i) PUBLIC INFORMATION.—At the time ofpublication of interim final regulationsunder subsection (h), the Director shall dis-seminate, through brochures, pamphlets,radio, television, the print news media, andsuch other media as the Director determinesto be likely to reach prospective claimants,a clear, concise, and easily understandableexplanation, in English, Spanish, and anyother language that the Director determinesto be appropriate, of—

(1) the rights conferred under this section;and

(2) the procedural and other requirementsof the regulations promulgated under sub-section (h).

(j) COORDINATION.—In carrying out this sec-tion, the Director shall coordinate with theAdministrator of the Small Business Admin-istration, other Federal agencies, State and

local agencies, and any other individual orentity, as the Director determines to benecessary—

(1) to ensure the efficient administrationof the claims process; and

(2) to provide for local concerns.(k) APPLICABILITY OF DEBT COLLECTION RE-

QUIREMENTS.—(1) IN GENERAL.—Section 3716 of title 31,

United States Code, shall not preclude anypayment on a claim.

(2) ASSIGNMENT AND EXEMPTION FROMCLAIMS OF CREDITORS.—

(A) ASSIGNMENT.—No assignment, release,or commutation of a payment due or payableunder this section shall be valid.

(B) EXEMPTION.—(i) IN GENERAL.—A payment under this sec-

tion shall be exempt from all claims of credi-tors and from levy, execution, attachment,or other remedy for recovery or collection ofa debt.

(ii) NONWAIVABLE EXEMPTION.—The exemp-tion provided by clause (i) may not bewaived.

(3) EXCEPTION.—Notwithstanding para-graph (2), the Director may—

(A) require the repayment, using a pay-ment under this section, of any disaster loanmade by the Small Business Administrationto address injury suffered as a result of theattack; and

(B) use the remedies provided by sub-chapter II of chapter 37 of title 31, UnitedStates Code, in collecting debts due to theFederal Government that arise from thischapter.

ACCEPTANCE OF SERVICES OF OTHER AGENCIESAND VOLUNTEERS; GIFTS

SEC. 3505. In carrying out this chapter, theDirector may—

(1) accept and use the services or facilitiesof any State or local government, or of anyagency, office, or employee of any State orlocal government, with the consent of thegovernment;

(2) use such voluntary and uncompensatedservices by individuals or organizations asmay be needed; and

(3) accept gifts of supplies, equipment, andfacilities to be used in carrying out thischapter.

RELATIONSHIP TO FEDERAL ENTITLEMENTPROGRAMS

SEC. 3506. (a) REQUESTS FOR BENEFITS.—Nothing in this chapter affects any right ofan injured person that submits a claim tosubmit a request for benefits under any Fed-eral entitlement program.

(b) CONSIDERATION OF PAYMENTS AS RE-SOURCES.—A payment on a claim received byan injured person under section 3504 shallnot be taken into account in determining theassets or resources of any individual orhousehold under any Federal program or fed-erally assisted program that provides finan-cial aid, assistance, or benefits based onneed, including—

(1) the food stamp program under the FoodStamp Act of 1977 (7 U.S.C. 2011 et seq.); and

(2) any program established under the So-cial Security Act (42 U.S.C. 301 et seq.).

REPORTS AND AUDITS

SEC. 3507. (a) REPORTS.—Not later than 1year after the date of promulgation of in-terim final regulations under section 3504(i)and annually thereafter, the Director shallsubmit to Congress a report that describesthe claims submitted under section 3504(b)during the year preceding the date of sub-mission of the report, including, with respectto 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 theclaim.

(b) AUDITS.—The Comptroller Generalshall—

(1) conduct an annual audit of the paymentof all claims submitted under section 3504(b);and

(2) not later than 120 days after the date onwhich the Director submits to Congress theinitial report required by subsection (a) andannually thereafter, submit to Congress a re-port on the results of the audit.

AUTHORIZATION OF APPROPRIATIONS

SEC. 3508. (a) IN GENERAL.—There are au-thorized to be appropriated to carry out thischapter—

(1) for administration by the Office of thecompensation process $100,000,000; and

(2) for payment of claims $1,900,000,000.(b) AVAILABILITY.—Amounts made avail-

able under subsection (a) shall remain avail-able until expended.

(c) FEMA FUNDS.—None of the funds madeavailable to the Federal Emergency Manage-ment Agency for the administration of dis-aster relief shall be used to carry out thischapter.

TERMINATION OF AUTHORITY

SEC. 3509. The authority provided by thischapter terminates effective 42 months afterthe date of enactment of this Act.

CHAPTER 6—GENERAL PROVISIONS -THIS TITLE

AUTHORITY TO OBTAIN REIMBURSEMENT FOR EX-PENSES INCURRED IN RESTORATION OF UTIL-ITY SERVICE AND TRADING OPERATIONS

SEC. 3601. (a) IN GENERAL.—For purposes ofany appropriations made by Public Law 107–38 or this division—

(1) the term ‘‘public facilities’’ as used insuch law and in section 102(8) of the RobertT. Stafford Disaster Relief and EmergencyAssistance Act (42 U.S.C. 5122(8)) includes fa-cilities and equipment of public utility com-panies regulated by the New York PublicService Commission and the facilities andequipment of not-for-profit exchanges andboards of trade regulated by the Securitiesand Exchange Commission or the Com-modity Futures Trading Commission; and

(2) the term ‘‘repairing public facilities’’ insuch law includes replacing and restoring fa-cilities and equipment lost, damaged, and de-stroyed.

(b) APPLICABILITY.—Subsection (a) shallapply through September 30, 2003.

Mrs. LOWEY (during the reading).Mr. Chairman, I ask unanimous con-sent that the amendment be consideredas read and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentlewomanfrom New York?


man, I reserve a point of order.The CHAIRMAN. A point of order is

reserved.Mrs. LOWEY. Mr. Chairman, I intro-

duced this amendment in behalf of thegentleman from New York (Mr.SWEENEY) and myself and other mem-bers of our delegation.

Mr. Chairman, it has been 11 weekssince terrorists attacked America. Wehave asked our allies to join us to de-fend the Free World and embarked on adangerous and long-term effort againstterrorism overseas. Here at home, weare growing used to a sense of uncer-tainty and tighter security. When wego home, we say hello to our neighbors

CONGRESSIONAL RECORD — HOUSEH8530 November 28, 2001who are very concerned, who ask us allkinds of questions. We thank the po-lice, we thank the firefighters. And Iknow when we went home to see ourfamilies, we just hugged them a littletighter, a little closer, and expressedour forgiveness, our thankfulness,thankfulness that we were able to betogether.

Again and again we hear, it willnever be the same. The world has for-ever changed.

Mr. Chairman, nowhere is that moretrue than in New York. Almost 4,000dead, many of them under 40, withyoung children. The loss among fire-fighters in one day is more than in thelast 50 years combined.

Mr. Chairman, 100,000 have lost theirjobs. There is a frozen zone that hasswallowed up small businesses by thehundreds. Mr. Chairman, 5,000 peoplestill cannot go home. Do we rememberhow we rushed home for Thanksgiving?Just think of what it has been like forthe last few months in New York fortoo 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 thesite has been cleared. Crews are work-ing 24 hours a day, 7 days a week, evenon Thanksgiving, to recover bodies andclear away the rubble. Some have saidNew York is getting all the help itneeds, but I say to my colleagues,Ground Zero is not the only placewhere we see such devastation. Widowsneed health insurance. Laid-off work-ers who are just getting by need ex-tended unemployment benefits. Resi-dents need checks to cover security de-posits in temporary homes and to re-pair their apartments. Small busi-nesses need grants, not loans, and theyneed a simple application process. TheFEMA bills will accumulate over timeand the Federal Government will payas the FEMA bills come due.

Mr. Chairman, I say to my col-leagues, people need help, not justlocal governments. Families have billsnow. Small businesses have loans dueand orders to place now. Residentshave to decide whether to relocate orwait it out now, and the holidays arecoming. Imagine how it feels to be inNew York, to be a New Yorker.

Mr. Chairman, there is no tougher,more feisty place than the city of NewYork, but our city took a staggeringblow for all of America. We asked forhelp, and we were promised whatever ittook. We worked together, Republicansand Democrats, to put together anamendment that would set aside $20billion that we were promised by thePresident of the United States ofAmerica. I was in that room, and wewere so appreciative when the Presi-dent of the United States of Americasaid, ‘‘You got it. You got the $20 bil-lion.’’ We thought we got it. And wedesignated as a contingency emergencyspending which would allow the Presi-dent to determine when the moneywould become available. This makessense. It allows Congress and the Presi-

dent to keep their promise to NewYork and it gives the President flexi-bility.

I must tell my colleagues, I have seensome tough fights in my years in theCongress, but this fight for New Yorkhas been one of the more demoralizingand difficult of my career. For the lifeof me, I simply cannot understand whythe White House and the Congress can-not come together to do what is rightfor New York now. But I want to makeone thing very clear. I will not give up.My colleagues from New York will notgive up. I am convinced that we cancome to an agreement. I will work withthe majority, the Senate, the WhiteHouse until we do.

I truly want to thank the gentlemanfrom New York (Mr. SWEENEY) for co-sponsoring this amendment with me.He has been a real leader in this effort.I want to thank the gentleman fromNew York (Mr. WALSH) for his leader-ship, and I particularly want to thankthe gentleman from Florida (Mr.YOUNG), who really gets it. He under-stood from the start. He visited GroundZero, he saw the tremendous needs. Heunderstood that the $20 billion wouldbe a floor, not a ceiling.

b 1830I also want to thank our ranking

member of the committee, the gen-tleman from Wisconsin (Mr. OBEY),who also has been supportive of this ef-fort and understood, as the gentlemanfrom Florida (Chairman YOUNG) said,we are all New Yorkers at this time.

Mr. Chairman, this is the right thingto do. Please support us in our fight.

Mr. YOUNG of Florida. Mr. Chair-man, I ask unanimous consent that de-bate on this amendment and anyamendments thereto be limited to 55minutes, to be divided and controlledas follows: 25 minutes controlled by thegentlewoman from New York (Mrs.LOWEY), who has already had 5, and 30to be controlled by myself.

The CHAIRMAN pro tempore (Mr.SIMPSON). Is there objection to the re-quest of the gentleman from Florida?

Mr. OBEY. Mr. Chairman, reservingthe right to object, I would simply saythat I think that is reasonable. That isin line with the original intent of theagreement that had been worked out.It just was not offered soon enough tobe offered in a more pure fashion.


The CHAIRMAN pro tempore. Isthere objection to the request of thegentleman from Florida?

There was no objection.The CHAIRMAN pro tempore. Does

the gentleman from Florida (Mr.YOUNG) continue to reserve his point oforder?

Mr. YOUNG of Florida. I continue toreserve my point of order.

Mrs. LOWEY. Mr. Chairman, I yieldsuch time as he may consume to thegentleman from New York (Mr.SWEENEY).

Mr. SWEENEY. Mr. Chairman, I risein support of this amendment, I want

to thank my colleague, the gentle-woman from New York (Mrs. LOWEY),for working with me, along with thegentlewoman from New York (Mrs.KELLY), and other members of the dele-gation.

Without being redundant, I wouldlike to recap a little bit of history andrecognize that on September 11, NewYork stood in the cross-hairs of an at-tack on America, an attack by thosewho would perpetuate world terrorism,who caused unprecedented loss of lifeand property to all New Yorkers.

That is why we offer this amendmenttoday, in recognition of that loss andthat terrible damage. We recognizethat New York’s problems have notended. In fact, in some respects, we runthe risk of exacerbating those prob-lems.

The New York economy is in fiscalcrisis in many respects. It went from aperiod of surplus prior to the attacksto now a period of deficits, deficits thathave been estimated in the range ofsomething like $9 billion at the end ofnext year. New York has lost 150,000-plus jobs already from this attack.

So what we attempt to do today is tohonor a commitment, a commitmentthat was made immediately by thePresident of the United States and theleadership of this House and of Con-gress to make sure that whatever NewYork needed, it was going to be done, itwas going to be taken care of.

We call for the establishment of con-tingent funds in this amendment, fundsthat will not be scored, that will beunder the discretion and control of theadministration so they can keep an eyeon the broader issues of spending andthe effect of that.

We need to do this because we needto keep a focus. We need to continue tomake clear that our commitments arenot just words, but the real, tangibleefforts on the part of the Federal Gov-ernment to let those who attacked NewYork, those who would deem to attackNew York, that they cannot get awaywith that process.

Mr. Chairman, I trust the President,I trust the Speaker of this House intheir commitment, but I also recognizethat assurances are not insurance.

This is not a partisan battle, al-though some may come to the floorand may argue that it is a partisanbattle in some respects, that it is thefailure of commitment. I, for one, asone Member, do not believe that at all,that those commitments are not real. Iexpect at the end of the day that theright thing is going to be done. Whatwe have here is a disagreement overprocess and procedure.

It is an important distinction, an im-portant point to make, that we need toestablish a mechanism to ensure thatthere are no delays in New York’s re-covery, that there are not any hiccupsin the process to go forward.

Today in New York, people are mak-ing decisions about what they aregoing to do with jobs, how they aregoing to go forward with their business

CONGRESSIONAL RECORD — HOUSE H8531November 28, 2001interests, whether they are going tolive in lower Manhattan or whetherthey are going to move elsewhere.They are looking to Congress for lead-ership. They are looking for Repub-licans and Democrats alike to come to-gether and find that process and buildin those assurances.

What we propose today in thisamendment, recognizing that it is sub-ject to a point of order, is to continuethat fight forward.

I have, as well, introduced a stand-alone supplemental funding bill in theCommittee on Appropriations as an-other means, another mechanism, toreserve space, to reserve New York’splace in the appropriations process toensure that we do not forget.

Earlier today, as we debated and dis-cussed the rule attendant to this un-derlying bill, one of my colleaguesstepped forward and said he viewed thisprocess as one of not a great urgencyright now, today, because New Yorkhas not expended the dollars that havealready been appropriated or author-ized out, and that New York may in-deed not be able to do that.

I wish I could tell the chairman thatI shared in that belief, because I do notknow what is going to happen in Feb-ruary, what is going to happen inMarch or in April. What I do know isthat we need to ensure that we do nothave those kinds of delays.

My colleague further pointed outthat he viewed this process as one notunlike the use of a credit card. I do notdisagree with that process. That is whywe have asked for the establishment ofthis contingent fund, to ensure thatthe money is there to back up the com-mitments that are made on behalf ofthe city and the State of New York, sowhen those officials go to get con-tracts, they can do it with the assur-ance and with expedited force to ensurethat those jobs get done.

Some New York officials have saidthat at this point we do not need thisfunding. What I would suggest is theyare not looking down the road at thepratfalls that may overtake an addi-tional supplemental bill that couldcome forward to this floor at addi-tional times.

New Yorkers have been through anawful lot, Mr. Chairman. To subjectthem to further debate and delibera-tion over something that has alreadybeen committed I think goes beyondthe pale of what we can accept here inthis House, or what we should accept.

With that, I would urge my col-leagues to support this amendment. Iwould urge my colleagues to movesteadfastly on the notion that NewYork needs to have those dollars inplace so it can begin the full recon-struction.

Mr. YOUNG of Florida. Mr. Chair-man, I yield myself such time as I mayconsume.

Mr. Chairman, I do not think thatany of us, unless we were there andlived there, could understand what thepeople of New York have gone through.

This was a tragedy that none of ushave ever seen before, none of us haveever witnessed before.

We made a commitment to New Yorkthat they would be provided at least$20 billion. The President made thatcommitment. The gentleman from Wis-consin (Mr. OBEY) and I were in meet-ings with our counterparts in the Sen-ate when that commitment was made,and we reacted to it and said yes, wewill agree to the $20 billion, and weadded $20 billion to the original num-ber of that emergency supplemental.

The whole country owes New York alot, not only for what happened therebut for the way they responded. TheNew Yorkers have shown America whatit is like to be Americans in time oftrials and tribulation and trouble.They have responded in an unbeliev-able way.

The mayor was a strong leader, is astrong leader. The Governor is a strongleader. I watched in amazement as Isaw the firefighters and the police offi-cers and the civilian people who wereinvolved in the rescue and recovery. Ican say that they made America proud,the way that they responded.

We are going to keep the commit-ment that was made to New York. Weare going to provide whatever is nec-essary, even if it goes above that com-mitment.

I would say today, Mr. Chairman,that based on the rules of the Houseand the work of the Committee on Ap-propriations, this amendment is sub-ject to a point of order; and later in thedebate I will raise that point of order,not that I really want to, but that isthe way it is. That is the way it isgoing to be.

But I want to say to my friend, thegentleman from New York, all of myfriends from New York, that we willmove quickly on a supplemental re-quest to provide whatever is necessaryfor New York and for America to re-cover.

I have a friend, a family friend, vis-iting me in the Capitol today. In fact,if I was not here, I would be having din-ner with him tonight. He was an execu-tive, or he still is, because the com-pany is surviving, we hope, an execu-tive of one of the largest companies inthe World Trade Center.

The only reason that he is alivetoday is because the taxi that he wasin, going to work, got caught in a traf-fic jam. He had just exited the cab andwas on the sidewalk in front of theWorld Trade Center when the airplanehit it. Every member of his firm whowere in that building at the time didnot survive. Not one that was in thatbuilding in that firm, not one survived.

So I understand, I understand the im-portance of what we are talking abouthere. I want the gentlewoman fromNew York (Mrs. LOWEY) to know thatthis commitment that the Presidentmade, I am going to keep it. The Presi-dent is going to keep it.

As of today with the rule that weadopted, which had a self-executing

amendment dealing with New York,adding an additional $1.5 billion, wenow have committed just a little over$10 billion for New York. With the addi-tional $10 billion or whatever it is thatis necessary, we are going to move it,because we are all a part of New Yorkbased on what happened in that city onthe 11th day of September of 2001.

We are going to maintain that com-mitment. It may not be totally today,but it will be committed and it will bemaintained, and we are going to deliveron that promise.


Mrs. LOWEY. Mr. Chairman, I yieldmyself such time as I may consume.

Mr. Chairman, I just want to thankthe chairman for his work. I know hewould rather be arguing on this side ofthe aisle, Mr. Chairman. It is unfortu-nate that he is being put in this verydifficult position, but I want to thankhim.

Mr. Chairman, I am pleased to yield2 minutes to the gentleman from NewYork (Mr. RANGEL), dean of our delega-tion.

Mr. RANGEL. Mr. Chairman, I am aproud Member of Congress today to befollowing the eloquence of the chair-man of the Committee on Appropria-tions. His remarks were stirring andmoving, and almost as wonderful as Ifelt when this great House went to thesteps of the Capitol and sang together‘‘God bless America.’’

None of us knew how New Yorkwould respond to what struck us, but itwas abundantly clear that America hadspoken and this Congress had spoken,and as the gentleman said so elo-quently, that we knew that New York-ers were going to fight back and ourcountry was going to fight back andthe 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 rank-ing member of the Committee on Ap-propriations because I am going to ameeting on the economic stimuluspackage, where the leadership of thisHouse is asking for a $200 billion taxcut to be put in the stimulus package.

What are we talking about? What isthe $10 billion shortfall causing us tocreate an atmosphere where once, andnot that long ago, we were in completeunity? In our delegation there was nota position between Republicans andDemocrats, and outside of that, therewas not a position in this House withRepublican and Democrat.

They shuffle around some money togive a handout to New York City, wethank them, but that money is comingfrom other congressional districts, andthis evening some of our own Memberswill be moving to restore that moneyback to where originally it was sup-posed to be in their congressional dis-trict.

Mr. Chairman, I leave this floor, hop-ing that no district in this countryever suffers a natural disaster or a ter-rorist strike or anything; but I tell the

CONGRESSIONAL RECORD — HOUSEH8532 November 28, 2001Members, I also wish that they neverbe treated like the people in the cityand State of New York are being treat-ed. We are not even given a reason whya promise made is not being kept. Wehave no reason why $10 billion is beingtaken away, allegedly to support theDepartment of Defense.

So I appreciate the song, but I wishwe could go home with the money.

Mr. YOUNG of Florida. Mr. Chair-man, I reserve the balance of my time.

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 2 minutes to the gen-tleman from Wisconsin (Mr. OBEY).

Mr. OBEY. Mr. Chairman, the gen-tleman from Florida, Senator BYRD,Senator STEVENS, and I were in a roomnegotiating that original $40 billionpackage after the events of September11. We had agreed on about $32 billion,because we had assumed that it wasgoing to cost about $10 billion to $12billion in New York.

Then a note was passed into the roomtelling us that the President had per-sonally guaranteed the New York dele-gation that he would provide, in thisbill, $20 billion. Later on that evening,when some Senators tried to unravelthe deal, those of us who were in theroom putting that deal together againremember that at one point they sug-gested that we ought to substitute lan-guage ‘‘up to $20 billion.’’

So I asked Mitch Daniels, the direc-tor of OMB, whether the language ‘‘upto $20 billion’’ would meet the commit-ment that the President had made orwhether the language needed to be ‘‘$20billion,’’ period. He said the commit-ment was $20 billion, period.

Now we are being told that New Yorkought to settle for less in this bill. SoI guess I’ve finally got this figured out.The commitment to New York is goingto be kept, the administration is goingto keep its commitment, but I guessthey believe in keeping their commit-ments on the installment plan.

That is not the way we do businessaround here and engender trust. It is ashame. New York ought to get the full$20 billion. The gentlewoman is rightto offer this amendment.

ANNOUNCEMENT BY THE CHAIRMAN PROTEMPORE

The CHAIRMAN pro tempore. TheChair would remind all Members not tocharacterize actions or inactions byMembers of the Senate or the Senate.

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 2 minutes to the gen-tleman from New York (Mr. HINCHEY),an outstanding member of the Com-mittee on Appropriations who has beenvery forceful in his arguments.

b 1845

Mr. HINCHEY. Mr. Chairman, I justwant to take a couple of minutes to re-mind us about the extent of the devas-tation and the consequences of the dev-astation that occurred in New York.

Currently, there are more than 5,000people who are displaced from theirhomes in Manhattan as a result of theattack; 16 million square feet of office

and hotel space has been destroyed;and 838 major companies have been dis-located as a result. More than 15,000small businesses have been destroyed,dislocated or severely damaged. Over108,000 people have lost their jobs. Andthe realistic estimate of economicdamage to the metropolitan regionarea this year, $83 million.

We are asking for this Congress andthe executive branch to fulfill its com-mitment to the State and City for thebasic minimum that was agreed to al-ready in public law, for at least $20 bil-lion to begin to meet the human needs.

Now, we are told do not worry aboutit. We know that we agreed to $20 bil-lion. You have only gotten half. Therest of it will be coming. But what hap-pens to the people in the meantime?What happens to the unemployed?What happens to the widows and theorphans? What happens to the peoplewho are injured? What happens to thepeople who have no health insurance?The answer to that question is vir-tually nothing will happen to them.

They will continue to be unemployed.Their unemployment insurance willrun out. They will continue not to havehealth insurance, and they will not getthe health care that they need. Theywill continue to be disabled, and theywill not get the attention to deal withthose disabilities.

These are the problems that are con-fronting the people of the city and themetropolitan region in the surroundingarea. And the money that was supposedto come to the city, the other $10 bil-lion was supposed to deal with thesehuman consequences. And the fact isthat the human consequences havegone unanswered, and they will con-tinue to go unanswered so long as theState and city do not get what theyhave been promised by this Congress.

Mr. YOUNG of Florida. Mr. Chair-man, I yield 3 minutes to the very dis-tinguished gentlewoman from NewYork (Mrs. KELLY).

Mrs. KELLY. Mr. Chairman, I rise insupport of this amendment.

The residents of my district and myState have suffered greatly. I am heretoday to speak for them. Congress hasto do everything it can to help us re-build our lives and our communities.The amount of money contained in thefinal bill is sufficient for now, but thisvote seems a chance to get more fund-ing for New York faster and send aclear signal to Congress that NewYork’s needs persist and will continueto persist.

For many of us who support themeasure of the gentlewoman from NewYork (Mrs. LOWEY) and the gentlemanfrom New York (Mr. SWEENEY) it is notabout doubting the promises that havealready been made. The President hasshown tremendous compassion for NewYorkers in the aftermath of September11. I trust the President. I take him athis word when he says New York isgoing to receive the full $20 billioncommitment from the Federal Govern-ment.

So while I appreciate the efforts ofmy colleagues who have worked veryhard to meet the needs of New Yorkers,I believe this amendment reflects thetrue magnitude of the State’s loss anddeserves support. This is not just aboutbricks and mortar. It is about the peo-ple. It is not just the heroic police andfiremen, the public safety officers, thereal heroes that went in and pulledpeople out of those buildings andhelped that day. But it is about the ex-tended family around New York, thepeople from my district who sufferedthen and are still suffering. It is aboutsupporting those people in their loss. Itis about supporting our city that weall, so many of us, work in. It is a veryimportant amendment to so many of usthat I feel it really needs support.

Mrs. LOWEY. Mr. Chairman, I yield 2minutes to the gentleman from NewYork (Mr. SERRANO), a member of theCommittee on Appropriations.

Mr. SERRANO. Mr. Chairman, this ishow it started with the devastation atthe World Trade Center. This aerialphotograph shows you what you havealready seen and what you know, thedamage.

What this photograph does not showyou is the ripple effect that it has hadon a community, on a city. Underneaththis rubble, there are people who losttheir lives and may never be found. Butthe ripple effect is people who losttheir jobs, victims who have to be com-pensated, rebuilding that has to takeplace. That this picture does not showyou. That is what this amendment isabout.

But this amendment is also about apromise, a promise from a President toa city, a promise from a President to aNation, that we would get what wascoming to us in terms of dollars. Nowwe are being told to wait until thespring.

As I said many times today andmany times in the last few weeks, nextspring the fervor for New York maynot be the same. Next spring if you pitNew York against other budget items,New York will not win that fight. Andso we are here today to try to bringhelp to the victims and to try to bringhelp to our city, not by asking for any-thing we do not deserve or not by ask-ing for anything that was not prom-ised, by simply allowing the law to becarried out. Let us be clear on that. Itis law and all we need to do is followthe law. The picture tells you what youneed to know. But what we need tosolve is how to deal with the devasta-tion that was left behind. I urge all ofmy colleagues to please join us in thisfight in allowing this amendment to beapproved and allowing my city to getback on the road to recovery.

Mrs. LOWEY. Mr. Chairman, I yield 2minutes to the gentleman from NewYork (Mr. NADLER), in whose districtcan be found Ground Zero.

Mr. NADLER. Mr. Chairman, thescene of devastation my colleagues justsaw is in my district. Many of the deadand injured were my neighbors and

CONGRESSIONAL RECORD — HOUSE H8533November 28, 2001friends. Many of the newly unemployedand the at-risk small businesses are myconstituents.

This bill welshes on a solemn pledgemade to the people of New York a fewmonths ago. It amends the bill passedby the House in September to cut inhalf the $20 billion appropriated forNew York, Virginia, and Pennsylvania.Congressional leaders and the Presi-dent have repeatedly stressed their in-tentions to provide more than the $20billion in aid to New York, just notnow. The funds will come eventually.Be patient, trust us, they say; but thefunds are desperately needed now, notin 6 months.

We need funds now for grants to en-able small businesses to survive. LowerManhattan could lose 10,000 of its 14,000small businesses in the next 6 months.The victims of the attack need unem-ployment benefits and health insurancenow, not next year.

Small business owners are makingdecisions now, whether to try to keepgoing or to shut their businesses. Largebusinesses must decide whether to re-turn to downtown eventually or wheth-er to seek permanent quarters else-where now. Residents are debating nowwhether or not to return to LowerManhattan. They all need to know nowwhether there is a commitment onwhich they can depend, on which theycan risk their lives and livelihoods, torebuild Lower Manhattan.

How can we expect them to trust acommitment from people who aretoday breaking their solemn pledge ofonly 2 months ago? Who in this Cham-ber would bet his or her family’s for-tune on such a commitment?

Mr. Chairman, the honor of theHouse is at stake. We must vote forthis amendment. We must not pass thisbill in this form so that we can redeemthe honor of the House and not welshon the commitment that was made andsigned into law only 2 months ago. De-spite the efforts of people like the gen-tleman from New York (Mr. SWEENEY)and the gentleman from New York (Mr.WALSH), who have done wonderful workhere, and the gentlewoman from NewYork (Mrs. LOWEY) and others and thegentleman from Florida (Mr. YOUNG),the chairman of the Committee on Ap-propriations, the honor of this House isstill at stake. I urge the Members toredeem it today with a proper vote.

Mr. YOUNG of Florida. Mr. Chair-man, could I inquire as to the time re-maining?

The CHAIRMAN. The gentlemanfrom Florida (Mr. YOUNG) has 24 min-utes remaining. The gentlewoman fromNew York (Mrs. LOWEY) has 101⁄2 min-utes remaining.

Mr. YOUNG of Florida. Mr. Chair-man, I would be happy to grant thegentlewoman’s request to yield her 10minutes of my time for purposes ofcontrol.

Mrs. LOWEY. Mr. Chairman, I amvery appreciative, and I would like tothank our chairman, our graciouschairman, who is always eloquent and

articulate, and thank him again for hissupport for New York; and if I was notafraid I would use up more time, Iwould tell the group how very helpfulhe has been to us, and I thank him verymuch.


There was no objection.Mrs. LOWEY. Mr. Chairman, I am

very proud to yield 21⁄2 minutes to thegentlewoman from New York (Mrs.MALONEY).

Mrs. MALONEY of New York. Mr.Chairman, I want to thank the gen-tleman from Florida (Mr. YOUNG) forthe opportunity to talk about thisamendment, which is still subject to apoint of order, and also to thank thegentleman from New York (Mr.WALSH), the gentleman from New York(Mr. REYNOLDS), and especially thegentleman from New York (Mr.SWEENEY), as well as the New York ap-propriators, the gentlewoman fromNew York (Mrs. LOWEY) and the gentle-men from New York (Mr. HINCHEY andMr. SERRANO).

It is a shame we will not have the op-portunity to vote on the Sweeneyamendment because it would help ad-dress New York’s tremendous unmetneeds. We need all the Federal aid wewere promised, not next year, not nextmonth, not tomorrow. We need it yes-terday. None of the $20 billion we needis going under a mattress. No onedoubts that FEMA will pay to clear upthe site at the World Trade Center.

What is in doubt are the costs that donot neatly fall in the Federal guide-book for disaster relief; like money forhospitals that canceled elective sur-gery so they could treat victims; likecosts to utilities to rewire Lower Man-hattan; like many different kinds ofcosts of education. We have tremen-dous unmet needs and unpaid bills.

Here are some of the invoices: $108million to make up for lost classroomsize; $6.1 million in reimbursement forlost revenues for food services for chil-dren; $13.4 million for reimbursementfor additional school-related expensesincluding transportation, data infra-structure, and other critical-supportservices.

Yesterday, I met a man who tells thewhole story. His name is EddieRodriguez. He makes $38 an hour paint-ing bridges, which is difficult and dan-gerous work. His son is also a bridgepainter. His daughter is a freshman incollege. Because of September 11, Eddieand his son lost their jobs. Today, theRodriguez family has no health insur-ance, and Eddie had to tell his daugh-ter that her dream of graduating fromcollege would have to wait because hecould not afford to pay for the tuition.

Soon Eddie and his family will be at-tending the funeral of his wife’s sister’shusband who was killed in the WorldTrade Center attacks, and Eddie lostseveral friends in the crash of Flight587.

Eddie’s story tells a story of the painof New York. It has been a terrible

year for New York and for EddieRodriguez. The American people under-stand this and they want Washingtonto help; and in a month and a half,without the New York amendment,Eddie and his son will not get extendedunemployment benefits. His householdwill have no income at all, and hisdaughter’s college dream will be sus-pended indefinitely.

So do not go telling me that NewYork does not need the money. Go tellEddie Rodriguez and the thousands ofEddie Rodriguezes in New York whohave lost their jobs because of this dis-aster.

PREFERENTIAL MOTION OFFERED BY MR.ACKERMAN

Mr. ACKERMAN. Mr. Chairman, Ioffer a preferential motion.

The Clerk read as follows:Mr. ACKERMAN moves that the Committee

do now rise and report the bill to the Housewith the recommendation that the enactingclause be stricken.

The CHAIRMAN. The gentlemanfrom New York is recognized for 5 min-utes in support of his preferential mo-tion.

Mr. ACKERMAN. Mr. Chairman, notto be concerned, it is not my intentionto follow through on the motion, justthat we are tight on time, and I do notwant to impact on any of my other col-leagues and we have got numbersworked out now.

Mr. Chairman, I come from NewYork, a city wracked with pain, suf-fering from an attack of mass destruc-tion against our country and upon ourcity. We are an American city whichmakes it even more painful for us tofathom why we should have an uphillfight as we plead the cause of our peo-ple to our government.

To those who want to send us awaywith a penny and a promise, please re-member some things. When Californiawas hit with an earthquake, 84 peopledied, a national tragedy, 84 people died,and we ponied up $7 billion. Every NewYorker was there. Nobody asked for areceipt. Nobody said, take part nowand come back later.

When Texas was hit with floods,every New Yorker was there, voting forevery penny that was requested thenand there. Nobody asked for a receipt.

b 1900We do this because we believe that

we are good neighbors and we are greatAmericans.

When Hurricanes George and Andrewhit Alabama, Florida, Louisiana, andMississippi, $4.3 billion was spent im-mediately, and every New Yorker stoodby at the exact moment that it was re-quested. Hurricane Hugo, $1.5 billion,hitting North and South Carolina.Every New Yorker voted for it. Thefloods in the Midwest, Illinois, Indiana,Kansas, Minnesota, Montana, Ne-braska, South Dakota, North Dakota.Billions of dollars was spent and notone New Yorker even blinked.

New Yorkers have been there everytime there has been a problem any-where in the country. Nobody in this

CONGRESSIONAL RECORD — HOUSEH8534 November 28, 2001Congress has ever questioned. And weare so proud that not one New Yorkerin the history of the Republic has eversaid no to $1 to any other place in theNation that had a disaster. We do notknow why we are treated like this. Wenever said to anybody else, take halfnow and come back later.

Let me tell my colleagues a little bitabout who we are. We are the peoplethat showed the world the courage ofAmericans. We are the people who havemore dead and unburied in a disasterthan have occurred in all the disastersin the history of the Republic.

Our one town has more people than 42States. We have more Puerto Ricansthan San Juan. We have moreDominicans than Monte Christi. Wehave more Germans than Bonn. Wehave more Italians than Palermo andBologna. We have more gentlemen thanVerona, more merchants than Venice,and more barbers than Seville. AndBrooklyn alone has more people thanall of Mongolia. We have more Catho-lics than Rome. We have more Muslimsthan the Holy City of Madina. We havemore Irish than Cork and Limerick andGalway. And, yes, we have more Jewsthan Jerusalem.

On any day, on any lousy, stinking,single, random day, we have more he-roes than the world could ever haveconceived. Do not tell us that we havemade you proud, unless you are willingto help make us well.

We are part of your country. We arenot here, hat in hand, looking for for-eign aid. Do not nickel-and-dime us. Donot tell us to go home to our constitu-ents with half a loaf and to come backlater, maybe next year, if the money isthere. We are part of this team. Do notturn us away.

Mr. Chairman, I ask unanimous con-sent to withdraw my motion.



man, I continue to reserve the point oforder and my time, but I am almostsorry that the gentleman withdrew hismotion, because I was going to get that5 minutes on my side and offer it to thegentlewoman from New York (Mrs.LOWEY).

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 21⁄2 minutes to the gen-tleman from New York (Mr. ENGEL).

Mr. ENGEL. Mr. Chairman, I thankmy colleague from Westchester, whichwe share, and I thank the chairmanand everyone else.

Let us remember that the September11 attacks were not attacks on NewYork, it was an attack on America, andwe as Americans need to help NewYork City recover its costs directlyconnected to the World Trade Centerattacks.

I am a little bit bewildered to be heretoday to even be discussing this at all,because 2 days after September 11, Iwas part of a congressional delegationthat met with President Bush at the

White House, and the President un-equivocally said to us the $20 billion isfor New York, and the $20 billion isonly the start, because $20 billion aloneis not enough to repair all the damagethat was done to New York. It was afloor, not a ceiling. And that money,the President told us, would be there.

Now, I do not understand what thedifficulty is. The money has been ap-propriated. It is a law. It has beenpassed. The money should be there. Itshould be a pot of money for New Yorkto draw on, not something for NewYork to come back next year and askfor more, when there will be other re-gions of the country with needs.And to have to compete with those re-gions, that is not fair. When there areearthquakes and fires and floods, we allrespond. We certainly need to respondto terrorism. And if the money is goingto be there, why is it not there now,when this is the law that this Congresspassed?

Many, many people need our help.Four thousand people died. Specialconsideration needs to be given to hos-pitals and schools and businesses andour utilities. Verizon and ConEd, theyneed special help. They are precludedfrom getting money, and it is not fairto have them compete with everythingelse. They need to have a special waiv-er so they can get the $900 million thatthey are owed.

Let us look at this amendment. Thisamendment provides unemploymentinsurance extension, emergency em-ployment clearinghouse, workers’ com-pensation, continuation of health care,COBRA, hospital costs, CDC safetyscreening program, NIH environmentalassessment, disaster recovery pro-grams, public television facilities, eco-nomic development, CDBG, FEMA.These are all things that New Yorkneeds.

I implore my colleagues: We need themoney now. This money was passed. Itis not just a promise, it is a law. NewYork needs the help. Please help usnow.

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 2 minutes to the gen-tleman from Brooklyn, New York, (Mr.TOWNS).

Mr. TOWNS. Mr. Chairman, I thankthe gentlewoman for yielding me thistime.

Let me begin by first thanking thechairman of the full committee, theranking member, of course, and thechairman and ranking member of thesubcommittee. And of course my goodfriend, the gentleman from New York(Mr. WALSH), who I think has done amagnificent job. I want to say that be-fore I make these comments.

Mr. Chairman, this is wrong. NewYork deserves a whole lot better. Weknow there are certain religiousgroups, certain agencies locally thatare trying to do all that they can doduring this crisis, but this cannot beresolved without the help of the Fed-eral Government.

A $20 billion promise was made andonly half of that money is now being

appropriated. The question is: What dowe do about the other $10 billion? Well,somebody said, trust us, we will give itto you. Just trust. And then somebodysaid, pray and maybe it will happen. Ithink New York deserves a lot betterthan that.

Anytime there has been a crisis any-where, New Yorkers have been there onbehalf of whoever. That is one thingabout us, that we have demonstratedour generosity down through the years.And to come here today and have ourcolleagues say to us, we will give youthis and you just have to trust andwait for later, I think that is the wrongattitude to take.

We have hospitals that have alreadyspent $140 million in direct costs, di-rectly related to the World Trade Cen-ter disaster, and they have only gottenback $35 million. These hospitals arenow laying off people because they donot have enough money to continue tofunction. And my colleagues are sayingdo not worry about it, it is all right? Ithink that when it comes to our hos-pitals laying off people, I think weshould be very, very concerned aboutthat, because that is something thatwe cannot afford the luxury of.

The other thing that I think weshould be very concerned about is thatwe have people now with no health in-surance as a result of the sudden actionthat we are taking. We should movenow to keep our commitment that wemade. I think we should do it now.

What has happened to us, let us faceit, can happen anyplace, anywhere, andwe all are Americans.

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 2 minutes to the gen-tleman from New York, (Mr. WEINER).

Mr. WEINER. Mr. Chairman, I thankthe gentlewoman for her leadership onthis issue. And at the risk of doingharm to them politically, I want tothank the gentleman from New York(Mr. SWEENEY) and the gentlewomanfrom New York (Mrs. KELLY) for theirgreat leadership on this issue.

We passed Public Law 107–38, and itsays $20 billion shall be expended inNew York. It does not say anywhere‘‘eventually,’’ it does not say anywhere‘‘someday,’’ and it does not say any-where ‘‘when we get to it.’’ It was anallocation of funds for this year. It isthe law. This should not be misunder-stood. It was not an optional thing. Itwas not ‘‘maybe we will do it.’’ It is thelaw. We made a commitment to do it;and, frankly, the President of theUnited States looked us in the eye andgave us that commitment.

But there is a myth that has beenperpetuated here today that, well, NewYork has gotten everything that it hasasked for. Well, that is baloney. NewYork has gotten together, and Gov-ernor Pataki has asked, MayorGiuliani has asked, Republicans haveasked, and Democrats have asked howto spend that $20 billion; unemploy-ment benefits, extension of COBRA,Workmen’s Comp., extension of taxcredits to redevelop lower Manhattan.We have asked. It is not coming.

CONGRESSIONAL RECORD — HOUSE H8535November 28, 2001Finally, we have heard on some level

the words have been to ‘‘trust us.’’And, frankly, we do. Chairman YOUNGhas been great on this stuff. And, to behonest, New York has lost a little bitof its swagger. We have been hit with acouple of body blows. But all we aresaying now is that this is the time.There will be other emergencies, therewill be other urgent needs, and therewill be other things this country willface. If anthrax did not teach us, noth-ing will.

This is a time when New York needsit. This is a time when New York hasbeen promised. We trust this Housewill do the right thing, and the rightthing is to pass the Lowey-Sweeneyamendment.

Mrs. LOWEY. Mr. Chairman, I yield 2minutes to the gentlewoman from NewYork (Ms. SLAUGHTER)

Ms. SLAUGHTER. Mr. Chairman,today, my colleagues from New Yorkand I are on this floor fighting to guar-antee that this Congress and the ad-ministration fulfill the promise madeto us in law.

We find ourselves working against aninexplicably stealth campaign by theWhite House to delay, perhaps indefi-nitely, the needed aid to our city. Inpublic, the administration officialsmake statements like, ‘‘An agreementis an agreement is an agreement.’’ Butin private they have made it known tothe House leadership that the Presi-dent would veto any spending bill withNew York’s funds in it, forcing theCommittee on Appropriations to aban-don ongoing bipartisan discussions tocraft such an amendment.

In public, the President vows thatNew York will receive everything itwas promised; but in private, VicePresident CHENEY lobbied members ofthe majority to vote against the effortsto allocate this aid.

I am at a complete loss as to why theadministration would wage this under-ground campaign to deny New Yorkthe needed funding in its hour of need.If there is a legitimate and reasonableexplanation, we would like to hear it.To date, however, we can only guess asto the motivation.

Mr. Chairman, New York holds a spe-cial place in our Nation’s history andculture. It was the first capital of thenewly formed United States, the his-toric gateway for the immigrants whobuilt our country, and home to theStatute of Liberty. It is a culturalmecca, an international financial cen-ter, and a beacon of opportunity. NewYork personifies the spirit of our wholeNation. It is big, bold, modern and am-bitious. And that, Mr. Chairman, iswhy New York City was attacked.

As many others have said, New Yorktook the blow, but America was thetarget. It should be a matter of our na-tional pride not only to help New Yorkrecover but to go above and beyond thecall of duty to restore this city tohealth. I find it incomprehensible thatsome seem to be trying, instead, to dothe least amount possible for this dev-astated and wounded city.

I urge my colleagues to join me insupporting the Sweeney-Lowey amend-ment.

Mrs. LOWEY. Mr. Chairman, I ampleased to yield 2 minutes to the gen-tleman from New York (Mr. CROWLEY).

Mr. CROWLEY. Mr. Chairman, Ithank the gentlewoman from NewYork for yielding me this time.

I want to thank the entire New Yorkdelegation. I am proud to work with allmy colleagues these past few weeksafter the attack on New York on Sep-tember 11, and never more proud thanI am right now on this floor to standbehind the Sweeney-Lowey amend-ment.

Let me thank my colleagues, thegentleman from New York (Mr. WALSH)and let me thank the gentleman fromFlorida (Mr. YOUNG), the chairman, fortheir efforts. Let me especially thankthe gentlewoman from New York (Mrs.KELLY), and my good friend the gen-tleman from New York (Mr. SWEENEY)for standing with us on this amend-ment.

A great deal has been said about thewound that was inflicted upon ourgreat city, but sometimes, as someonewho was personally affected by this, Ifind it easier to talk about it in meta-phor.

On September 11, a dagger was struckinto the heart of the city of New Yorkthat has left a gaping wound for thelast 2 months. That wound has nothealed; has not even been bandaged. Itis bleeding. New York City is stillbleeding today and will continue tobleed.

We have the best economic surgeons,the best economic doctors in the world.They know how to fix it. They knowwhat medication the wound needs, butthey are saying they just cannot getthe right dosage.

b 1915

Mr. Chairman, that is what we aretalking about here. We are asking forthe money that was promised to thecity. That is all. Where we find our-selves now is that we are relegated toglorified begging. We, the delegation ofNew York, after having sustained theblow on September 11, after sustainingthe loss of the Twin Towers, after hav-ing sustained the loss of thousands ofindividuals with lives and talents, ev-erything that goes into making an in-dividual a person, thousands have beenlost.

On top of that, we are told that weare not going to get the full fundingthat we were told we would get in thespirit of unity just 2 months ago. Wehave to go back to our constituentsand say, I know we were told we weregoing to get that money, we will notget it yet and we will have to wait 4 or5 months down the road, and hopefullythen we will be successful and get thismoney for New York.

I do not know how Members of Con-gress can vote against this amendmentand go back and the next time there isa disaster in their area and react to

their constituents when they say,Where is the money?

Mrs. LOWEY. Mr. Chairman, I yield 2minutes to the gentleman from NewYork (Mr. ISRAEL).

Mr. ISRAEL. Mr. Chairman, NewYork’s economy is in deep trouble. Welead dozens of States in economic de-cline. Jobs are being lost. Small busi-nesses are going under. Municipal gov-ernments are going back into debt.Fire and police budgets are strained.

I do not represent New York City; Irepresent Long Island, but my districtsends thousands of commuters intoNew York City every day, and our jobsdepends on jobs in New York City. Oureconomies are linked.

This House has just approved a $25billion retroactive repeal of the alter-native minimum tax for the richestcorporations of America. If we can findthe money for Enron and we can findthe money for IBM, we should be ableto find the money for people who havelost their jobs and their health insur-ance and their unemployment insur-ance and the small businesses who arebeing forced out of business in NewYork today. We have done it for others.It is time to do it for New York.

Mrs. LOWEY. Mr. Chairman, I yield 2minutes to the gentleman from Hawaii(Mr. ABERCROMBIE), a former NewYorker.

Mr. ABERCROMBIE. Mr. Chairman, Ithank the gentlewoman for yielding methis time.

Mr. Chairman, just last week I wason this floor lamenting as intently as Icould bring to bear the idea that wewere passing a bill having to do withthe Andes and so-called free trade whenwe were unable to come to a conclusionwith respect to not just unemploy-ment, but with respect to the humanneeds in this Nation, throughout thisNation.

I said at that time why should peoplefrom New York have to come to thefloor and beg for the opportunity tohave a redress of this egregious griev-ance that has been committed againstus in the United States. I have an arti-cle here on what was called a bone-sop-ping rainy day, hundreds of unem-ployed people in Waikiki coming hop-ing they could get a job working oninvasive species in Hawaii, to workwith their hands in the fields to try towork to make our environment better.

We have 31,000 people out of work di-rectly as a result of September 11.What I am asking is cannot the exam-ple of the gentleman from Florida (Mr.YOUNG) and the gentleman from Wis-consin (Mr. OBEY) and the appropri-ators here be brought to bear when wedeal with the other bills that are com-ing forward with respect to how we aregoing to deal with the economic trau-ma that has hit the whole country?

Mr. Chairman, perhaps the gen-tleman from California (Mr. THOMAS)at that time misunderstood my questthat day. I voted against the Democratbill and the Republican bill that is sup-posed to be dealing with economic

CONGRESSIONAL RECORD — HOUSEH8536 November 28, 2001stimulus. Let us use what the gen-tleman from New York (Mr. WALSH)has done and what the gentleman fromNew York (Mr. HINCHEY), the gentle-woman from New York (Mrs. LOWEY)has done, and what the gentleman fromNew York (Mr. SERRANO) has done. Letus use what the gentleman from Flor-ida (Chairman YOUNG) has done by wayof leadership on the economic stimulusprogram and as Republicans and Demo-crats draw together on behalf of the en-tire Nation with New York leading theway, and this amendment leading theway, showing us what we can do asAmericans to come together and havevictory.

Mrs. LOWEY. Mr. Chairman, I yieldmyself such time as I may consume.

Mr. Chairman, I would like to closeby thanking again the gentleman fromFlorida (Mr. YOUNG), the chairman ofthe full Committee on Appropriations,who has made it clear over and overagain that when the United States wasattacked, we were all Americans, wewere all New Yorkers. The gentlemanhas expressed to me his concern, hisobservations, the pain that he sawwhen he visited Ground Zero. I feelconfident that we are going to continuethis process.

For me it was very gratifying towork in a bipartisan way with my col-leagues, the gentleman from New York(Mr. SWEENEY), the gentleman fromNew York (Mr. WALSH), the gentlemanfrom New York (Mr. REYNOLDS), withall of the appropriators and the NewYork delegation, to make it clear toour colleagues that although theUnited States was attacked, New Yorkhas been suffering extraordinary pain.

As New Yorkers we go home everyweekend. We look in the eyes of thosewho lost their loved ones, their sisters,husbands, family members. Life willnever be the same for any of us; but forNew Yorkers, they feel that every sin-gle day. We were all in the office whenthe President made the commitment of$20 billion to New York. I feel confidentthat the President of the United Stateswill keep that commitment. In fact,from the chairman of the Committeeon Appropriations to the ranking mem-ber who has been so supportive, thegentleman from Wisconsin (Mr. OBEY),all of the Members have made it clearthat this is a floor, it is not a ceiling.

I hope, Mr. Chairman, that althoughtoday it is tremendously disappointingto all of us that that commitment thatis so needed now so we can rebuild, sowe can plan, so we can make sure thatNew York regains its former glory, Iwould hope that in the days, notmonths ahead, we can somehow findthe vehicle to keep that promise. Thereare an awful lot of people in New Yorkwho heard that promise, who heard itagain and again who are counting onit, who understand that when thePresident of the United States speaksand the Congress of the United Statesspeaks, that word, that word can be be-lieved by everyone.

Mr. Chairman, let us work togetheragain in a bipartisan way to ensure

that in the days and the weeks aheadwe can keep that commitment. I amsorry that it cannot be done thisevening, but I know that Members’hearts and thoughts are with us everyday. Mr. Chairman, again I thank theentire New York delegation.

Mr. Chairman, I yield 11⁄2 minutes tothe gentleman from New York (Mr.MEEKS).

Mr. MEEKS of New York. Mr. Chair-man, I believe this is a sad state of af-fairs. What took place on September 11was not a New York tragedy; it was anational tragedy. As a result, we spokewith the President of the UnitedStates, and he pledged $20 billion to theCity of New York.

We all know that to repair the dam-age that took place to the UnitedStates of America that happened to bein the City of New York will cost farmore than $20 billion. But the Presi-dent pledged $20 billion. We negotiatedand we thought we had agreed that wehad at least $20 billion in this appro-priation, in this year, that the citycould count on in rebuilding the WorldTrade Center area.

And then to come back and to onlyreceive $11 billion, not knowing whenthe $9 billion will come and havingsome promise in the future about whenthe $9 billion will come will not helprestore what needs to be done in NewYork City.

We need to make sure now, not justfor New York City, but for our Nation,that we rebuild in that area. We needthe $20 billion, not sometime in the fu-ture, but now, as promised. We heardthe President say during the campaign,‘‘I mean what I say, and I say what Imean.’’ We want the President to saywhat he means and let us have the $20billion now.

Mr. YOUNG of Florida. Mr. Chair-man, I yield myself such time as I mayconsume.

Mr. Chairman, I do not disagree withalmost anything I heard this after-noon. All I will say is that the commit-ment was made and it will be kept. Theonly question is one of timing. I takethe President at his word that at theappropriate time the request will bemade for the additional money for NewYork, and I will move that supple-mental request just as quickly as I pos-sibly can.

POINT OF ORDER

Mr. YOUNG of Florida. Mr. Chair-man, at this point, I would make apoint of order against the amendmentbecause it proposes to change existinglaw and constitutes legislation in anappropriation bill and therefore vio-lates clause 2 of rule XXI. The rulestates in pertinent part: ‘‘An amend-ment to a general appropriations billshall not be in order if changing exist-ing law.’’

The amendment includes an emer-gency designation under section 251 ofthe Balanced Budget and EmergencyDeficit Control Act of 1985; and as suchconstitutes legislation in violation ofclause 2 of rule XXI. I ask for a rulingfrom the Chair.

The CHAIRMAN. Does the gentle-woman from New York wish to beheard on the point of order?

Mrs. LOWEY. Mr. Chairman, no,since I have no options available to me.


The Chair finds that this amendmentincludes new emergency designationsunder section 251(b)(2)(a) of the Bal-anced Budget and Emergency DeficitControl Act of 1985. The amendment,therefore, constitutes legislation inviolation of clause 2 of rule XXI.

The point of order is sustained, andthe amendment is not in order.

AMENDMENT OFFERED BY MR. LOBIONDO

Mr. LoBIONDO. Mr. Chairman, I offeran 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 ex-pended: Provided, That such amount is des-ignated by the Congress as an emergency re-quirement pursuant to section 251(b)(2)(A) ofthe Balanced Budget and Emergency DeficitControl Act of 1985.

Mr. LOBIONDO (during the reading).Mr. Chairman, I ask unanimous con-sent that the amendment be consideredas read and printed in the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromNew Jersey?



The CHAIRMAN. A point of order isreserved.

Mr. OBEY. Mr. Chairman, I also re-serve a point of order on the amend-ment.

The CHAIRMAN. A point of order isreserved.

Mr. YOUNG of Florida. Mr. Chair-man, I ask unanimous consent that de-bate on this amendment and anyamendments thereto be limited to 20minutes, to be equally divided and con-trolled by the proponent and myself.

Mr. OBEY. Mr. Chairman, reservingthe right to object, on the minorityside, will we be yielded some timeunder that arrangement?

Mr. YOUNG of Florida. Mr. Chair-man, I would ask unanimous consentthat of my 10 minutes, that 5 minutesbe yielded to the gentleman from Wis-consin (Mr. OBEY) for the purpose ofcontrol.

Mr. OBEY. Mr. Chairman, I withdrawmy reservation of objection.


There was no objection.

b 1930

Mr. LOBIONDO. Mr. Chairman, Iyield myself such time as I may con-sume.

My amendment provides for fullfunding of the President’santiterrorism emergency supplementalspending request of $203 million for the

CONGRESSIONAL RECORD — HOUSE H8537November 28, 2001Coast Guard to maintain its aggressiveresponse to terrorist threats to our Na-tion’s ports and waterways.

I want to thank and commend Chair-man Young for his very strong commit-ment and support to the Coast Guardover the years. Chairman Young hasunderstood the needs of the CoastGuard, has attempted to work with us,and I hope that in the future we will beable to continue that. But the reality,Mr. Chairman, is that since September11, the Coast Guard has increased itscounterterrorism operations using ex-isting personnel, vessels and aircraft,augmented by Reserves and auxiliarypersonnel. Without immediate addi-tional resources from Congress, thisposture is unsustainable.

For this reason, I am shocked thatthe supplemental funding bill that weare considering today cuts nearly one-third of the President’s request. Mr.Chairman, this is not my request. Thisis not a request of some other body orentity. This is a request of the Presi-dent of the United States. The requestfor this Coast Guard supplementalfunding is absolutely essential. Thefailure to include these funds for CoastGuard operations means that the Presi-dent must choose between ensuring asafe counterterrorism posture for ourports and waterways and providing anadequate level of drug interdiction andother maritime law enforcement oper-ations. This is an unacceptable choice.

Earlier this year, the House voted411–3 in support of the authorizationbill that funded the President’s requestfor the fiscal year 2002 to the tune of$5.4 billion. Mr. Chairman, at thattime, almost every Member of Congressstood up, wanting to voice their sup-port to vote for the Coast Guard, tomake strong statements about the tre-mendous job that the Coast Guard hasbeen doing, and we thought we were fi-nally on a roll with people under-standing that the Coast Guard has beendoing an exceptional job.

The President requested $203 millionfor the increased efforts of the CoastGuard in this supplemental. Theamendment that I will offer would re-store approximately $60 million infunding due to the emergency statusthat the Coast Guard has been oper-ating under since September 11.

For the past several years, the CoastGuard has suffered from significantfunding shortfalls. During fiscal years2000 and 2001, the Coast Guard wasforced to reduce law enforcement oper-ations by up to 30 percent due to insuf-ficient funds. Without the President’srequest for supplemental funding, theCoast Guard will be forced to reduceoperations immediately by 15 percent. Ido not think that is acceptable to anyof us, Mr. Chairman. To put this in realterms, cutting this funding would keepa number of cutters, helicopters, air-craft and patrol boats sitting idle forup to 6 months, unable to safeguard ourports, unable to save lives, unable torespond adequately to threats to Amer-ica.

Mr. Chairman, this means that thevery successful program of drug inter-diction that the Coast Guard has em-barked upon would be forced to be setaside so that the Coast Guard could useits scarce assets to protect our ports.This is not a choice they should beforced to make.

Congress acted to safeguard our air-ways recently. We listened to the de-bate about the economic impact thataviation has on our Nation’s GNP. Wemust now act to safeguard our portsand waterways. Maritime industriescontribute over $740 billion to the grossdomestic product annually, and wecannot allow the guardian of this eco-nomic engine to go underfunded. Wehave thousands of containers thatcome into our ports. The Coast Guardis required to implement a programthat they have been grossly under-funded to implement. It is time to rec-ognize that.

I want to commend the Coast Guardfor their enormous efforts to safeguardthe American people in the wake of theattacks of September 11. All U.S. portsremain open to commerce with an in-creased security, and currently theCoast Guard enforces 110 maritime se-curity zones. I was honored to againvisit Coast Guard Group Air StationAtlantic City yesterday and to heartheir comments about their increasedmissions. Mr. Chairman, I looked intothe eyes of the young men and womenwho have been so motivated, so welltrained, so ready for duty, I listened tohow they have stepped forward in thistime of need of their Nation, willing toput themselves in harm’s way, no dif-ferent than men and women who havetraveled to Afghanistan with our Spe-cial Forces or Marines. I listened tohow the Coast Guard has been asked toboard ships to check manifests of cargoand crew to match up from foreign na-tions; a boarding party that does notknow what they are running into, aboarding party that does not knowwhat they are going to find. Yet theseyoung men and women are willing todo it time and time again. How can welook into their eyes and tell them thattheir efforts are not recognized by re-sources necessary to keep up this mis-sion?

I was impressed by their can-do spiritand by their willingness to serve theircountry and do whatever is necessary. Iam disappointed that this House is notproviding the resources they need.Without increasing the available re-sources, the Coast Guard simply will beunable to protect these vessels and ourport facilities, despite the tremendousefforts of these young Americans.

The Commandant of the Coast Guard,Admiral Loy, said the following aboutthe budget concerns of the service andI am quoting: ‘‘Post-September 11, ournational interests require that allCoast Guard resources be operated attheir historical level. The President’ssupplemental request of $203 millionfor the Coast Guard reflects the min-imum funding required to meet these

national security obligations.’’ This isthe gentleman that we have entrustedto lead our Coast Guard, to head ourCoast Guard, who has made this state-ment.

The $203 million in Coast Guard sup-plemental funding is imperative to en-sure we are adequately protecting our95,000 miles of waterways and coast-lines. We must take a shared responsi-bility to assure that our ports and wa-terways are protected from terrorismand other security threats. The CoastGuard is doing their best to preserveour Nation, and they deserve nothingless than our best to make sure thatthey can do their job.



Mr. Chairman, if I understand thiscorrectly, this is what I refer to as aholy-picture amendment. The adminis-tration asked for 200-and-some milliondollars for the Coast Guard. The billbefore us cut it by $58 million. I triedearlier today to defeat the rule underwhich this bill is being considered sothat we could add not just the $60 mil-lion that the gentleman is asking to beadded to the Coast Guard’s budget, but$223 million so that we could fully fi-nance the increased pace of CoastGuard operations to combat terrorismfor an entire year rather than the 6months that is in the bill. I find it in-teresting that the gentleman votedagainst our efforts to in fact make inorder the amendment which the Housecould under the rules have adopted,and yet is pursuing today an amend-ment which is clearly going to be ruledout of order. I find that effort enoughto give inconsistency a bad name.


Mr. ROGERS of Kentucky. Mr. Chair-man, I continue to reserve the point oforder, and I yield myself such time asI may consume.

Mr. Chairman, I join the gentlemanfrom New Jersey (Mr. LOBIONDO) andthe eloquent statement that he madeabout the valiant efforts of our menand women in the Coast Guard and thegreat work that they are doing andhave done and will continue to do.

This bill, as we all know, is to dealwith the funding for activities directlyresponding to the terrorist attacks ofSeptember 11. That is why in the billwe have included almost $145 millionfor that purpose. Included in that fig-ure, $110 million, new dollars, for Re-serve activation, $31 million for in-creased homeland security capability,and $3.6 million for chemical, biologi-cal and radiological strike teams; all ofthose related, of course, to the activi-ties responding to the terrorist at-tacks.

However, the administration re-quested an additional $58 million whichthe committee bill does not include be-cause, in discussions with the CoastGuard, the majority of these dollarswere not for the purpose of responding

CONGRESSIONAL RECORD — HOUSEH8538 November 28, 2001to the terrorist attacks, but to restoremoneys which the Coast Guard deleteditself from its fiscal year 2002 budgetrequest, the regular expenses of theCoast Guard. Those moneys we candeal with in the regular appropriationsbill or a supplemental if it should benecessary at a later time. But this billfunds the Coast Guard for the activi-ties related to September 11, like theother provisions of this bill. It does notdeal with the regular operating fundsfor fiscal year 2002. That bill will be onthe floor momentarily, this week Ihope, which will include funds for theCoast Guard for fiscal year 2002. I be-lieve that the gentleman from New Jer-sey will be pleased with that bill. Ihope he is.

We cannot find all the money that Iwould like to find for the Coast Guard,but in this bill I have to say that wehave done, I think, well by the CoastGuard dealing with the aftermath ofSeptember 11. We can deal with the fis-cal year 2002 moneys in another bill,hopefully this week.

So I reluctantly rise to oppose thegentleman’s amendment. It is well in-tentioned and well meant. I commendthe gentleman for his enthusiasm forthe Coast Guard and the mission thatit has been assigned by us to do andwhich they are carrying out with greatsuccess.

We salute the men and women of theCoast Guard. We thank them for thetremendous service they are giving ourNation. We want to see that they havethe adequate funding that they des-perately need. We will do that in theappropriate bills coming before theHouse in the appropriate order, ratherthan fund fiscal year 2002 needs in thisemergency supplemental bill dealingwith the aftermath of September 11.


Mr. LoBIONDO. Mr. Chairman, Iyield 1 minute to the gentleman fromIndiana (Mr. SOUDER).

(Mr. SOUDER asked and was givenpermission to revise and extend his re-marks.)

Mr. SOUDER. Mr. Chairman, I appre-ciate the difficulty that the sub-committee chair and the full com-mittee chair have with the moneys; Iknow these things are very difficult tobalance, but it is clear we have anemergency in the Coast Guard. Wehave had to divert the Coast Guard toantiterrorism protection in New YorkHarbor, Boston Harbor, in PugetSound, in the Great Lakes. We havepulled them off of their other resourcesin order to guard the nuclear powerplants and other chemical facilities onthe water.

What it has done is it has pulledmany of them out of the Caribbeanwhere they were in the forefront of ourantidrug effort, temporarily. They aremoving back and forth. We have ashortage. We cannot do both things.Similarly on the California coast andin the Pacific, we have fisheries ques-tions, we have safety questions, wehave increasing immigration, waterinterception things coming through

the Pacific Ocean. It is clear that wehave an emergency as well.

I encourage you strongly as we movetowards the supplemental to addressthis. I understand that your budget isextremely tight, there is general sym-pathy for the difficulty, but we have tohave more for the Coast Guard, ourmost neglected service, because theyare being asked to do double and tripleand quadruple duty.

The events of September 11, 2001 havechanged this Nation forever. So many peoplewere affected, so many agencies and peoplehave had to make sacrifices, and work sohard, to meet the national security needs ofAmerica these past 3 months, and they con-tinue to do so. The Coast Guard is one of theforemost of these agencies, and the men andwomen who serve are some of those people,they have doubled and redoubled their effortsto tackle their normal multi-mission respon-sibilities, along with the massive increase inHomeland Security requirements that wereplaced on their shoulders as a result of thisnational crisis. In fact, the Coast Guard tookon the responsibility of sweeping the Capitoland our office buildings in response to the An-thrax threat.

As a multi-mission, maritime, and militaryservice, the Coast Guard is a leader in Amer-ica’s maritime security. They array their ships,planes, and people against multiple NationalSecurity threats including drug smuggling,alien migration, protection of fish our fishstocks, and of course terrorism.

Along with these law enforcement missions,they tackle their other traditional missions, ofSearch and Rescue, Maritime Safety, Rec-reational Boating Safety, Aids to Navigation, toname a few.

Their motto, Semper Paratus, AlwaysReady, has been put to the test many, manytimes, and without fail, they have comethrough, it’s now our turn to come through forthem through adequate funding.

They have worked around the clock since11 September, increasing their presence toprotect ports and maritime transportation infra-structure, boarding commercial vessels at sea,instituting a successful Sea Marshal programat many of their ports, escorting our NavyShips entering and departing ports, and en-forcing Security Zones in protection of criticalinfrastructure points along our shores.

There was a dramatic mission shift for theCoast Guard come 11 September, once againthey proved to be very felxible, very can-do,these are their greatest strengths. They havemet the current crisis, they continue to in-crease their effectiveness, they continue tosay Aye Aye, but it has not come without acost.

The cost has been that their people, theirequipment, have been pressed ¥071o theirlimit. The increase in their operational tempo,regardless of the mission emphasis, hasdrained their crews depleted their surge ca-pacity. Some air stations and many of theirother field commands are beginning to ex-press concern about their Search and Rescueposture based on crew fatigue, lack of re-source maintenance, and lost training opportu-nities in certain mission areas. Sustainability oftheir current operational pace is a growingservice concern.

The cost has also been their presence, orlack thereof, in other law enforcement missionareas due to their limited resourcing. Shifts inprotecting ports and maritime transportation in-

frastructure yielded activity levels near zero infisheries enforcement and Alien MigrationInterdiction Operations. The Coast Guard isthe designated lead agency for maritime druginterdiction and shares lead agency responsi-bility for air interdiction with the Customs Serv-ice, but is now down to less than half of theprevious level of activity.

This can not and should not continue. De-clines in these mission areas are not in thelong term national interest especially druginterdiction. Increased profits for illegal drugsmuggling is channeled into the coffers of ter-rorist organizations thereby giving them addi-tional resources to mount further strikesagainst our homeland.

The Coast Guard has broad enforcementand regulatory civil authorities, military capa-bilities, and a coastal and offshore presence tobring to bear against Homeland Security re-quirements, they will protect our Nation’s larg-est, and perhaps most vulnerable border a95,000 mile coastline with hundreds of ports.But they are a multi-mission service which cannot possibly meet these new homeland secu-rity requirements as well as other mission re-quirements without significant increases inboth people, assets and overall funding.

Comparing the new security environmentand the new demands it places on the CoastGuard, the Coast Guard mission requirementsin other mission areas and the services cur-rent capability there are major gaps we needto assist * * * we need to do our best to helpfill those gaps.

In the House mark-up of the EmergencySupplemental appropriation, the CoastGuard’s figure has been cut from $203M to$145M a $58M cut that will directly take awayfrom the Coast Guard’s ability to handle sorelyneeded depot level maintenance, much of themaintenance that was deferred as a result ofthe current crisis as well, this cut will not allowCoast Guard operational assets their cutters,small boats, and aircraft, to operate at theiroptimum levels. Now is not the time to be cut-ting the Coast Guard. We need them to be op-erating at their absolute maximum level inorder for them to have any chance of meetingAmerica’s present and future needs.

The Coast Guard has been Semper Paratusfor America, day in and day out. In their timeof need let’s do our part to be SemperParatus, Always Ready for them.

Coast Guard’s capability has been reduceddue to chronic maintenance funding shortfalls;15 percent operational reduction proposed inthe FY 2002 President’s budget limits theCoast Guard’s ability to operate at the levelsnecessary for the national interest; Cutters,boats, and aircraft are thoroughly involved inthe Coast Guard’s port safety and securitymissions and are a key component of theservice’s Homeland Security mission; TheCoast Guard cannot take on the increasedHomeland Security demands without first en-suring their assets are properly supported andmaintained; and Overall operational level mustbe increased to ensure that the service cancontinue other missions critical to national se-curity such as marine safety, alien migrantinterdiction, living resources enforcement, andcounter-drug operations, while maintaining arobust Homeland Security force.

Mr. LOBIONDO. Mr. Chairman, Iyield 1 minute to the gentleman fromConnecticut (Mr. SIMMONS).

CONGRESSIONAL RECORD — HOUSE H8539November 28, 2001Mr. SIMMONS. Mr. Chairman, I rise

in support of the amendment and I risein support of any effort to increase dol-lars to the Coast Guard. As the vicechairman of the Subcommittee onCoast Guard and Maritime Transpor-tation, I have worked very closely withthe gentleman from New Jersey, and Iam intimately aware of the difficultiesthat the Coast Guard is facing underits current fiscal constraints. I alsohost the Coast Guard Academy in mydistrict and have for many years beeninvolved in those issues.

Now more than ever, we need re-sources to defend our 95,000 miles ofshoreline and our hundreds of ports.Also, for those of us who have nuclearpower plants in our districts, along riv-ers and on the coastal waters, defenseof those littoral shores is critically im-portant, and that even as we speak andeven as we have deployed over 30 per-cent of the Coast Guard Reserves, wecannot provide adequate security alongthose shorelines for those facilities.

b 1945So as I understand the conversations

of the distinguished chairman, we aregoing to be addressing these issues inthe future. I certainly hope so.

Mr. LoBIONDO. Mr. Chairman, Iyield myself the balance of my time.

Mr. Chairman, I would like to thankthe gentleman from Kentucky (Mr.ROGERS) for his comments and his will-ingness to recognize that the CoastGuard desperately needs additionalfunding, if I heard the gentleman cor-rectly. I would also like to apologizefor any breach in communications thatwe obviously have experienced in thetranslation of the Coast Guard’s needsto what the gentleman from Kentucky(Mr. ROGERS) has understood them tobe, and I express my willingness on be-half of our committee to work with thegentleman to try to eliminate thosekinds of communication gaps in the fu-ture.

I think we have all been able to cometogether, and this has been productive,in acknowledging that the Coast Guardis doing a tremendous job, and they dodesperately need additional supple-mental funds to keep going.

So, with that, Mr. Chairman, I onceagain thank the gentleman from Ken-tucky (Mr. ROGERS) for his acknowl-edgment of the situation.

Mr. BARCIA. Mr. Chairman, I rise today insupport of the LoBiondo amendment to restorecritical Coast Guard funds which are strippedby this bill.

It’s no secret that there is a significant dif-ference between what the Coast Guard needsto run its day-to-day operations and to makeneeded acquisitions and what they have re-ceived recently through the budget process.

Earlier this year, the Administration put fortha budget that included a 15 percent reductionin Coast Guard Operations, but that was be-fore September 11—before the Coast Guardshined in its role responding to the attacks ofthat day, even though it was already stretchedso thin.

The demands placed on the Coast Guardsince September 11 forced the Administration

to reconsider and agree to include $203 mil-lion in the its emergency supplemental requestfor the Coast Guard.

But the bill currently before the House cutsthat number by $60 million. Without the full$203 million, the Coast Guard will literally notbe able to meet its national security obliga-tions.

Can we really afford to have drastic oper-ational cuts in an organization that is such anintegral part of our national defense and playssuch a critical role in our maritime safety, se-curity, and mobility? As we all know, the an-swer is a resounding ‘‘no.’’

With more than 600 miles of coastline in myDistrict in Michigan, the Coast Guard’s numer-ous missions— from ice-breaking to searchand rescue, from drug interdiction to marineenvironmental science—are critical to thehealth and safety of my constituents.

More than that, the Coast Guard is critical toour nation’s defense—our homeland security.The cuts included in this bill are unconscion-able because they are unsafe.

Thanks to the impressive leadership on theCoast Guard Subcommittee and within theCoast Guard Caucus, I am hopeful that thisproblem will be rectified and the Coast Guardwill be able to continue to provide the nationwith the high level of services we have cometo know and rely on so heavily.

I urge all of my colleagues to support theLoBiondo amendment.


The CHAIRMAN. Is there objectionto the request of the gentleman fromNew Jersey?

Mr. OBEY. Mr. Chairman, reservingthe right to object, I would simply notethat the gentleman earlier today votedin such a way that made not only myamendment not in order, but it alsomade the very amendment that he isoffering tonight not in order.


The CHAIRMAN. Hearing no objec-tion, the amendment is withdrawn.

There was no objection.Mr. WATT of North Carolina. Mr.

Chairman, I move to strike the lastword.

(Mr. WATT of North Carolina askedand was given permission to revise andextend his remarks.)

Mr. WATT of North Carolina. Mr. Chairman,today, as I rise in support of the Defense Ap-propriations bill, I want to draw my colleagues’attention to the strong cooperation and sup-port the United States has received from theRepublic of Kazakhstan.

Kazakhstan is a former Soviet state cele-brating their 10th anniversary of independencefrom the Soviet Union on December 16 of thisyear.

Today’s Defense Appropriations bill provides$403,000,000 to assist the republics of theformer Soviet Union in the elemination and thesafe and secure transportation and storage ofnuclear, chemical and other weapons. Unfortu-nately, this level of funding is totally insuffi-cient and is, in fact, much less than the Presi-dent requested for this important purpose. Italso helps fund programs to prevent the pro-liferation of weapons, weapons componentsand weapon-related technology and expertise.This money would aid Kazakhstan, which bor-

ders Russia and is located near Afghanistan.Kazakhstan is a strategic friend and businesspartner of the United States.

On September 15, 2001, following the Sep-tember 11 attacks on the United States, Presi-dent Nursultan Nazarbayev of Kazakhstansaid:

In these tragic days for America, the peopleof Kazakhstan are grieving together with theAmerican people about the death of thou-sands of innocent people.

I am closely following the situation as itunfolds. We stand on the position that the ter-rorists must be punished, as well as thoseharboring the terrorists.

The United States and its Security Councilhave condemned the barbarian act of ter-rorism and called upon the world communityto take resolute actions.

Therefore, Kazakhstan is ready to supportthe measures undertaken by the United Statesto fight against terrorism, with all the meansavailable.

Kazakhstan has always been standingagainst terrorism and is ready to participate increation of a real international coalition ofcountries to fight against the international ter-rorism.

We proceed from the assumption that retal-iation should not only be effective, but alsoshould be just. This requires that the stateshould act with great deal of responsibility.And we rely upon the wisdom of the Americanleadership. We were pleased to learn that theUnited States wants to know for sure who hasperpetrated these barbaric acts and helpedthe terrorists before taking actions.

Today I sent a letter to U.S. PresidentGeorge Bush. I expressed Kazakhstan’s sup-port for the U.S. actions aimed at fightingagainst the international terrorism, the globalevil that has developed metastases across theentire world.

We hope the American people will be ableto quickly cope with the heaviest psychologicalblow and remain committed to their great his-torical values.

AMENDMENT OFFERED BY MR. GEORGE MILLEROF 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

PROVISIONSSEC. ll. None of the funds made available

under the heading ‘‘Community Develop-ment Fund’’ in chapter 14 of division B maybe used to carry out the first proviso, or anyactivity (except community developmentthat provides public services for employmentand health as described in section 105 of theHousing and Community Development Act of1974 (42 U.S.C. 5305) that are wage supple-ments and health insurance assistance to un-employed workers), under such heading.

Mr. GEORGE MILLER of California(during the reading). Mr. Chairman, Iask unanimous consent that theamendment be considered as read andprinted in the RECORD.


There was no objection.Mr. ROGERS of Kentucky. Mr. Chair-

man, I ask unanimous consent that de-bate on this amendment and any

CONGRESSIONAL RECORD — HOUSEH8540 November 28, 2001amendments thereto be limited to 60minutes, to be equally divided and con-trolled by the proponent and an oppo-nent.

Mr. GEORGE MILLER of California.Mr. Chairman, reserving the right toobject, I have a lot of people who saidthey want to speak. Could I ask thatwe do that after we have our openingstatements. I think I will only take 3or 4 minutes.

Mr. ROGERS of Kentucky. Mr. Chair-man, I think the agreement was for 60minutes.

Mr. GEORGE MILLER of California.I understand that; 30 minutes a side, asI understand it. I would like to makemy opening remarks, and then havethe time limit take effect. If the gen-tleman wants to do the same on hisside, we would have maybe 70 minutes.It may not be that long. I do not knowif Members will come to the floor ornot who said they want to speak.

Mr. ROGERS of Kentucky. My under-standing was the agreement was 60minutes total.

Mr. GEORGE MILLER of California.I am asking if the gentleman wouldamend that to let the opening state-ments be made by myself and by thegentleman and then have the 60 min-utes.

Mr. ROGERS of Kentucky. Will thegentleman take approximately 5 min-utes?

Mr. GEORGE MILLER of California.I think so.

Mr. ROGERS of Kentucky. I would bewilling to amend the unanimous con-sent request so that after the gen-tleman has a 5-minute opening state-ment, then the 60-minute clock wouldstart to run.

Mr. GEORGE MILLER of California.Mr. Chairman, I withdraw my reserva-tion of objection.


There was no objection.The CHAIRMAN. The gentleman

from California (Mr. GEORGE MILLER) isrecognized for 5 minutes.

Mr. GEORGE MILLER of California.Mr. Chairman, I thank the gentlemanfor his agreement on the time, and Iappreciate the additional time.

Mr. Chairman, this is a very difficultamendment to offer, but it is a very es-sential amendment to offer for a num-ber of reasons. First and foremost,those of us who represent States andlocalities that have suffered dramaticincreases in unemployment, both be-fore and since September 11, with peo-ple who are unemployed and were hop-ing to get a job, who had their chancesof a job being secured greatly dimin-ished because of the September 11 at-tacks, and those who were immediatelyunemployed after September 11, wehave an obligation to those people tomake sure that money will be availableto help with extended unemploymentbenefits, unemployment benefits,COBRA benefits or health care supple-ments; and that is what this amend-ment does.

What this amendment does is essen-tially try and reverse what the amend-ment of the gentleman from New York(Mr. WALSH) did that was made inorder as part of the rule which gath-ered up unemployment funds from allacross the country and then said we aregoing to give these to New York to usefor whatever purposes they seek to dothat through the Community Develop-ment Block Grant.

This is also a very important amend-ment, because I think it helps to makea point, and that is that what happenedin New York, what happened to thepeople of New York, to the State ofNew York, what happened in Virginia,what happened in Pennsylvania, wascompletely unanticipated, unknown byanybody and an emergency; and whenthe New York delegation from the Sen-ate and the House asked for $20 billion,the President looked them in the eyeand 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 itfrom all the unemployed people in therest of the country.

That is not what America expects usto do in response to the tragedy of NewYork. They expect us to deal with NewYork and to deal with the needs of thiscountry. As they see more of theirfriends and neighbors becoming unem-ployed, they expect us to help those in-dividuals, not steal their unemploy-ment in the middle of the night andgive it to New York.

We want to help New York. We haveall voted to help New York, and we aregoing to continue to vote to help NewYork. But what has happened with thisamendment has put New York in a ter-rible position, because our friends andcolleagues from New York who are des-perately in need now finally have tolook us in the face and say we have noalternative. We did not do this amend-ment. They took this money from you.They made this in order. This was nota matter of debate. They came aroundand picked it up.

Now, let us understand what thisamendment does. This amendmentcompletely ignores what the Secretaryof Labor told our committee when shecame before our committee. Everyissue that we asked her about, the un-employment crisis in this country, thedecline in the economy, September 11,her answer was we have a block grantthat we are going to give to the Gov-ernors, and the Governors can takecare of health care, take care of unem-ployment. They can extend benefits.They can do everything.

Now we find out that $1.8 billion hasbeen taken out of that block grant. Soif you are in California, where parts ofour economy have been devastated be-cause of the lack of travel, San Fran-cisco, Los Angeles, Disneyland, OrangeCounty, we lose $220 million. If you arefrom North Carolina, where peoplehave been unemployed because of theproblems with U.S. Air, the hospitalityinterests on the Outer Banks, they lose

$54 million. The State of Washington,where the Boeing employees were hitimmediately, were unemployed, whatdo we do in the State of Washington?They lose $53 million. Hawaii, where al-most instantaneously people were laidoff because people stopped flying to Ha-waii, people looking for jobs, low-wagejobs, people without a cushion, whatdid we do to Hawaii? We take 20 mil-lion of their dollars.

It is simply not fair, and it is notright. It is not fair to New York to putthe citizens of New York, the Rep-resentatives of New York and the vic-tims of New York in this position,where they have to suggest that theonly way they can be taken care of isto harm somebody else.

These are people who have lost theirjobs and continue to lose their jobs.The number of people who are runningout of unemployment grew more than60 percent in the third quarter overthird quarter from year 2000 to thisyear. In Michigan it is up 88 percent;Indiana, 91 percent; North Carolina, 94percent; Tennessee, 68 percent; Colo-rado, 65 percent.

So, as people who are going on unem-ployment at record rates, the demise inthe economy, and people who are onunemployment but losing their bene-fits at record rates, the answer in thislegislation is to take away the moneythat the Governors could use to try tohelp them pay for the health insurance,to extend their unemployment bene-fits, to provide them unemploymentbenefits if they do not qualify.

That is the challenge of the Walshamendment. That is the unfairness ofthe Walsh amendment. That is the un-fairness of this bill, that we would takeone group of Americans who may be inthe process of losing their children’seducation, losing their car, losing theirhome, and we would say to them, rath-er than take care of you too, we aregoing to take what you desperatelyneed, you desperately need for yourfamily, and we are going to move thatover to New York.

Then to New York we say we arehelping you, but we had to take it frommillions of other Americans who are indesperate trouble; in many instances,Americans that are as in trouble, thatlost their economic livelihood. Withindays of this vicious attack on theWorld Trade Center, on the Pentagon,within days they became unemployed,because people realized that peoplewere not going to get back on the air-planes.

So what do we do with these peoplethat were working at the airports,working at the hotels, working in therestaurant industry? We told them acouple of months ago, the Secretary ofLabor said we are going to give themoney necessary; the Governors aregoing to have it. But now what hashappened in this bill with the accept-ance of the Walsh amendment is wehave gone out and gathered all of thatmoney up.

CONGRESSIONAL RECORD — HOUSE H8541November 28, 2001We cannot let that be the legacy of

this Congress. We cannot help the vic-tims of New York by creating victimsin California, by creating victims inHawaii, by creating victims in Wis-consin, by creating victims in Min-nesota, where hundreds of thousands ofpeople are now unemployed there be-cause of the layoffs, with the layoffs ofNorthwest Airlines, the decline andcutbacks in the routes, with people inMinneapolis-St. Paul who do not havejobs. Do we really think that we cantransfer their misery to New York andmake New York whole? Of course wecannot. Of course we cannot.

That is why the President, in theheat of the moment, in the emotion ofthe moment, when the New York Sen-ators, Senator SCHUMER and SenatorCLINTON, asked him for the $20 billionin front of everybody in the CabinetRoom, said, you got it. Because heknew this was an extraordinary eventin the history of this country; thatthere was the only way we could dealwith it, and that was to take care ofthis problem.

Did the President really mean yougot it, but you got to get it from some-body who has been unemployed becauseof the same tragedy? You have got toget it from somebody who has losttheir health care coverage because ofthe same tragedy? I do not think so. Ido not think he meant to take $141 mil-lion from the State of Florida thatwould go to cover their health care, goto extend their unemployment bene-fits, a State that has been devastated,again, because of its reliance on tour-ism and hospitality. I do not thinkthat is what the President meant. Butthat is the policy that is being carriedout here.

I would urge my colleagues to votefor this amendment. The money, themoney for New York has been appro-priated. It is available. It simply hasbeen impounded. It has been im-pounded by this President and this ad-ministration until such time. And theanswer to that impoundment is not tomake the life of the unemployed moremiserable to help New York; it is totake care of New York, and to takecare of the unemployed and those with-out health insurance because they areunemployed in this country.


Mr. WALSH. Mr. Chairman, I rise inopposition to the amendment.

The CHAIRMAN. The gentlemanfrom New York is recognized for 30minutes.

Mr. WALSH. Mr. Chairman, I yieldmyself such time as I may consume.

Mr. Chairman, I thank Members forthis important debate about the futureof our State and the great City of NewYork.

The amendment that is being debatedtoday, right now, that the gentlemanfrom California has offered, would takeapproximately $1.8 billion of the fundsthat were reallocated in an agreementwe reached with the White House, take

almost $2 billion out of the CommunityDevelopment Block Grant program,away from New York, and spread itaround to the rest of the country.

It does not re-create the nationalemergency grants that the administra-tion initially provided. This keeps itwithin the Community DevelopmentBlock Grant program, but it also takesaway the waivers that we had providedfor New York so that those waiverswould not be available either in NewYork or the rest of the country.

Why is that important? Well, I thinkit is pretty obvious to all of us that wehave a two-front war going on rightnow, Afghanistan and the UnitedStates.

b 2000

In Afghanistan we have been seeingall the battlegrounds as the battle hasprogressed. In the United States, we allknow what the battleground was; itwas New York City and the Pentagon.The Pentagon is being rebuilt. We areworking on a defense appropriationsbill today that provides over $300 bil-lion in the defense budget, and thereare further funds within the supple-mental to fight the war and to rebuildthe Pentagon and to conduct our mili-tary action.

New York City took a direct hit onSeptember 11. Not only was the WorldTrade Center destroyed and thousandsof people died, but hundreds of thou-sands of people have been affected inthat immediate area. I talked with peo-ple in the last number of weeks whostill do not have telephone service, whocannot get to their apartments or theirbusinesses by public transportation.There is no one else in the country inthat situation right now.

What we did was we tried to attachfunds that would otherwise have goneto the rest of the country in anticipa-tion of serious unemployment disloca-tion. The stimulus package that isbeing discussed in the House and in theSenate deals directly with unemploy-ment issues. We tried to add to this ap-propriations bill unemployment insur-ance benefits and COBRA benefits toprovide for health care for those work-ers who were dislocated and lost theirhealth care. It belongs in the stimuluspackage. That is where the debate hascentered, and both the House and theSenate deal with that, with thoseissues, in the stimulus package. Indeed,these national emergency grants wereauthorized by that stimulus packagebill. So the $1.5 billion or the totalamount of funds, the $3 billion, is un-authorized.

When we designated, redesignatedthese funds as community developmentblock grant funds, we also redesignatedabout a half billion dollars in FEMAfunds to provide New York City with$2.5 billion in community developmentblock grant funds. Those funds are themost flexible, the most readily avail-able, and most important dollars thatwe could send to New York City at thistime. Why? Because of the thousands of

people who live in those neighborhoodsand the thousands of businesses thatconduct their business and employ peo-ple and put bread on the table, there isno other way to affect those decisionsthat are being made that the FederalGovernment can do right now.

I think most people understand thatCDBG funds are flexible; they can beapplied to individual situations, forbusinesses, for residences; those fundscan be used to build public infrastruc-ture, to approve parks, to provide curbsand streets that were destroyed, tobuild water systems, public utilities.That is why we went after those funds.We have heard today, clearly, that NewYork City did not get all the funds thatwere promised and have not receivedall the funds that were promised. Wehad to take, I think, dramatic actionto show the administration that thesefunds were needed and they were need-ed right now, and they agreed to this.And I think the administration wasreticent about this, but they accededto our desires.

The key to this whole thing is put-ting New York City back togetheragain as quickly as possible. There isno better way to do it than to utilizethese funds, these community develop-ment block grant funds. If the Congresssupports what the gentleman fromCalifornia wants to do, which basicallyplays the entire country against NewYork, it will hurt New York very deep-ly for a second time. Because rightnow, people are beginning to under-stand what this action that we havetaken accomplishes: that those busi-nesses who want to stay in New Yorkbut need incentives, they need to helpput their storefronts back togetheragain, they need to get their commu-nications systems redesigned; theyneed to buy new communications sys-tems and new point-of-sale equipmentfor their stores; they need to help theiremployees to get back on their feet.

Quite frankly, I say to my col-leagues, this is about putting a neigh-borhood back together. No Americancould or should or would want to denythe people of New York, of lower Man-hattan, of the neighborhoods of China-town and Soho and Chelsea and Bat-tery Park, and that magnificent areawhich was really one of the real cen-ters of the beginning of this country;that is where the island of Manhattanwas first settled. We are trying to putthat neighborhood back together. Wehave taken dramatic action to try todo that.

I promise that if this amendment isdefeated, and I hope that it will be andI believe that it will be, that I willwork with my colleagues on both sidesof the aisle, as I have thus far, to makesure that any workers who have beendisplaced or suffered a loss of a job be-cause of that attack on September 11will have the full force and strength ofthe Federal Government behind themin making sure that their unemploy-ment insurance benefits, their healthcare benefits, their retraining, is sup-ported by the Federal Government.

CONGRESSIONAL RECORD — HOUSEH8542 November 28, 2001Mr. Chairman, there is one aspect of

this that the gentleman has not men-tioned. There is $175 million of funds inhere that would go towards reflushingthe Workers’ Compensation Fund. Whyis that important? Because hundredsand hundreds of workers have been in-jured, were injured in the attack andhave been injured in the subsequentrubble removal and in the search andrescue processes that took place. Thisis a dangerous place. There are stilltoxins in the area from that attack.Those funds, the workers’ compensa-tion funds and another $30 million or$40 million for worker retraining tohelp those workers dramatically anddirectly affected in New York, in noplace have they been affected as theywere in New York, to give those peoplea chance to learn a new job.

So I say to my colleagues, I wouldimplore them, please, please do not ac-cept this amendment. Please reject it.New York has suffered enough. Thisgives us an opportunity to help, toshow the people of lower Manhattanand the rest of that magnificent islandthe concern that the country has forthem. Do not play America againstNew York. I think America is squarelybehind New York. This is a divide-and-conquer strategy that the gentlemanfrom California has offered. I stronglyurge that we reject it. Stick with thebill as it stands. Let the bill go forwardand let us try to work for the rest ofthe country’s benefit as we go forward.


Mr. GEORGE MILLER of California.Mr. Chairman, I yield myself 30 secondsjust to say when the gentleman saysthat we are taking the money backthat he took to New York out of all ofthe other unemployment funds and hesays we did not do it in a technical waywith the waivers, it is a little bit likea person who robbed my wallet andthen when I took it back, he says I putit in the wrong pocket. No, it is mywallet. And these benefits go to the un-employed. This is not about divide andconquer. This is about this countrymeeting its obligation to New Yorkand to unemployed Americans, and wecan do both.

Mr. Chairman, I yield 4 minutes tothe gentleman from Washington (Mr.MCDERMOTT).

Mr. MCDERMOTT. Mr. Chairman, Ithank the gentleman for the time.

I hope the gentleman from New Yorkwill understand, but we do not accepthis promise. The President promised$20 billion. The Speaker stood rightover there and said that when we didthe airline bailout bill, we would takecare of the workers.

Now, there are 8 million people inthis country unemployed. There are137,000 in the transportation industry.What have we done for them? Nothing.There are 136,000 in the hospitality in-dustry, nothing; 57,000 in communica-tions, 226,000 in manufacturing, 14,000in retail, 44,000 in the service industry,30,000 Boeing employees are being laid

off, and we cannot get any more out ofthis House than $12 billion out of $150billion stimulus package out of theCommittee on Ways and Means, not di-rected to any new money. We sent itover to the Senate and that stimulusbill is on life support. We have donenothing for workers in this country.

Now, are we in trouble? The overalljobless rate jumped from 4.9 to 5.4 per-cent in October, in one month. Wash-ington State went from 5.1 percent to6.1 percent. That is a 20 percent jumpin 30 days. New York, Illinois, WestVirginia, Texas, do not even havemoney in their unemployment funds topay 6 months’ worth of benefits, and wehave 19 more States that do not haveenough for an entire year. That doesnot reflect the real nature of the prob-lem.

Mr. Chairman, we had over the last10 years such a good economy, we haveeroded the funds in every State. Today,The New York Times says, 30 Statesare looking at cutting their budgets inthe next session, or doing it right now.Maine is $250,000, Connecticut just hada session for $300 million. So we aredoing it all across the country. MyState is looking at a $1.2 billion cut inthe State budget.

So the government puts the moneyout, the Governor reaches for it, and itis gone. It is gone in Washington State,it is gone in California. And then theheight of this whole financial baloneyis that stimulus package we put out ofhere.

Now, the gentleman from New Yorksays it is the only thing we could do. Itwas the only way we could handle thisissue. You voted on the floor of thisHouse to give $25 billion in AMT reliefto companies that paid it back to 1986.That $25 billion in and of itself woulddeal with New York, if my colleagueswere serious about New York. There isnot a single one of us out here that isnot in favor of doing something aboutNew York, and I resent being made outto be me against New York because Iargue for the State of Washington, orthe gentleman from California (Mr.MILLER) argues for California, or thegentleman from Hawaii (Mr. ABER-CROMBIE) argues for Hawaii.

We are supportive of New York, andwe had another way to do it, and mycolleagues promised it, the Presidentpromised it, the Speaker promised it,and we have not done anything. Nowwe pass a bill and we say well, we aresorry, but we saw that money thereand it had not been spent yet becausethe Governors in the State legislatureshad not figured out how to do it, so weare going to sneak it away before theyknow it is gone. And we promise you,we will come back and fix it.

Nobody in here is going to hold theirbreath until that stimulus bill passesout of the House. Vote for the Milleramendment.

Mr. WALSH. Mr. Chairman, I yieldmyself 30 seconds just to respondquickly. No New Yorker offered anamendment to take funds back from

California when the Northridge earth-quake hit, and no New Yorker offeredan amendment to take back fundswhen the Mount Saint Helens disasteroccurred. I think we have always beenforthcoming in our support for the restof the country. This is our difficulttime.

Mr. Chairman, I yield 5 minutes tothe distinguished gentleman from NewYork (Mr. SERRANO), a member of theCommittee on Appropriations.

Mr. SERRANO. Mr. Chairman, Ithank the gentleman from upstate NewYork for his support.

Let me first do what so many of mycolleagues have done, and that is tothank the gentleman from New York(Mr. WALSH) for really being our leaderand trying to get what was rightfullyours and to try to keep to the promisethat was made from the White House.Somewhere along the way the gen-tleman from New York (Mr. WALSH)had to do what many people felt he hadto do, which we disagreed with, somemembers of the delegation, which wasto agree to this and present it to us.

Let me also say that I understand thegentleman from California’s state-ment. He is doing for his State no dif-ferent than what I and the gentlemanfrom New York (Mr. WALSH) have beentrying to do for our State. He seesharm coming, and he is trying to stopit.

But the gentleman from California(Mr. MILLER) makes the point that Ihave been trying to make for the last 2weeks, better perhaps than I have madeit, and that is that the fight is alreadyon between New York and other Statesbased not only on this amount, but onthe promise for all the money that issupposed to come in the spring. If mycolleagues think this is going to be adifficult debate, imagine what it isgoing to be in April and in May whenwe try to take money, as I have said,out of the FBI and the INS and the Jus-tice Department, and the State Depart-ment, and the war and defense, and allother departments and issues, to giveto New York based on the promise thatif we do not abide by the law now, themoney will be coming in the spring.

b 2015

Now, we have a couple of problemshere. One of them is that we had alliesin this fight. The allies have abandonedus.

Now, we know that one of the mostdifficult things to do in politics or ingovernment is to take on a popularperson at the top of his popularity.Mayor Giuliani is riding a wave of pop-ularity. But he was in this fight withus from the beginning, and he took awalk on us. He said, Guys, girls, do notpester the President. You will get themoney in the spring.

Number one, in the spring he is notgoing to be around to use the force ofhis popularity to get us the money. Mi-chael Bloomberg will be around; and hewill be trying to get this money, whichwill not be coming.

CONGRESSIONAL RECORD — HOUSE H8543November 28, 2001Secondly, by saying that, he pulled

the rug from under the floor of the gen-tleman from New York (Mr. WALSH)and the gentleman from New York (Mr.SWEENEY), all the members of the NewYork delegation. That is part of ourproblem.

Mr. Chairman, this is a difficult situ-ation to be in. I spent all week tellingMembers how bad the Walsh agreementwas; and now I am here telling Mem-bers, do not get rid of the Walsh agree-ment because it is the only thing wehave.

But at the same time, it continues tomake the point that someone put us inthis situation. Someone already pitted49 States and some territories againstNew York, and this was not what itwas all about. It was about one part ofAmerica getting hit as a symbol ofwhat we were all about, and the enemywanted to hit that part of America. Itwas about a situation where the Presi-dent and the Committee on Appropria-tions said, Whatever it takes, andwhatever it takes did not even come tobe.

Mr. Chairman, if we can only realizethat the Walsh agreement is the onlything that we have. So I would beg mycolleagues, do not hurt us anymore. Weare not going to get the money in thespring. We have been done in. We havebeen lied to. In fact, if New York news-papers were not so supportive of theRepublican Presidents, the 1970s head-line could come back, ‘‘Bush to NewYork City: Drop Dead,’’ the way it isset forth to New York City. We werenever going to see that, but that iswhere we are going.

Mr. LEWIS of California. Mr. Chair-man, will the gentleman yield?

Mr. SERRANO. I yield to the gen-tleman from California.

Mr. LEWIS of California. Mr. Chair-man, I appreciate the gentleman yield-ing.

I was going to follow on the gentle-man’s statement with one about Cali-fornia. In the past, we have had disas-ters. The fact that we have come to-gether in the past without worryingabout one State versus another, itseems to me we should operate withgreat care in disasters like this andhelp one another for the strength ofthe country.

Mr. SERRANO. Reclaiming my time,it was not this side, with all due re-spect, that put us in this situation. Itwas the gentleman’s administrationthat did not keep the promise. That iswhy we are here. That is why the gen-tleman from New York (Mr. WALSH) isin this situation and we have to findourselves in this situation.

So again, to the gentleman fromCalifornia (Mr. GEORGE MILLER), I un-derstand what he is doing. We would dothe same thing in New York if we werecaught up. But sooner or later, peopleare going to realize that New York, asthe gentleman from New York (Mr.HINCHEY) has said, was the scene of thecrime, but the attack was on America,and the people who died and were suf-

fering and the economy that was dev-astated needs our help.

This is a way to start getting somehelp, but the real help will probablynever come. I ask Members to keepthat in mind when they vote tonight.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 2 minutes to thegentleman from Wisconsin (Mr. OBEY).

Mr. OBEY. Mr. Chairman, what hap-pened to New York was a terriblething. When it happened, I was one ofthe four people in this Congress whohelped negotiate a $20 billion what Ithought was a rock hard commitmentto New York to deal with the problems.

Since then, the administration hastried to change the deal. Some peoplein the Congress have been trying to fixit.

There is a right way and a wrong wayto fix that problem. The wrong way isto try to fix it by stealing money fromunemployed people in other States inthe Union, which is what the arrange-ment was.

What happened is that the adminis-tration’s original $20 billion commit-ment has been chiseled down to $10 bil-lion or so in this bill. Then, when therewas a public eruption about that, theWhite House worked out a deal to take$2 billion, which had originally been re-quested by the President to help unem-ployed people in all 50 States in theUnion, and instead, they moved thatmoney only to help New York.

That solved New York’s problem onlypartially. It still leaves New York over$8 billion short. What it does to myState is take approximately $33 millionaway from unemployed people in myState. It does the same thing in Min-nesota. That is on top of what the ma-jority has already done to my State bytheir tax bill.

My new Republican Governor in Wis-consin indicates that the actions of theRepublican House tax bill will costWisconsin an extra $300 million on itsState deficit. Now, how many times dothey have to punch other States in thesolar plexus in order to cover up thefact that they are welshing on the dealto New York? That is what they aredoing, they are compounding the num-ber of victims.

In the end, they are not solving NewYork’s problem, and all they are doingis making the problems of the rest ofthe States worse. Shame on people whodo things like that. In this town and inthis body, one’s word is supposed to beone’s bond. I think we ought to returnto that understanding.

Mr. WALSH. Mr. Chairman, I reservethe balance of my time.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 3 minutes to thegentlewoman from Connecticut (Ms.DELAURO).

Ms. DELAURO. Mr. Chairman, I be-lieve that every single Member, and ifnot every single Member, almost everyMember of this body went to visitGround Zero. We stood there with ourhard hats, maybe some were photo-graphed. We were in shock and dis-

belief. We pledged our support to NewYork. We said we felt New York’s painand that we would make good.

Feeling New York’s pain and notdoing what we need to do about it,which is what this administration hasdone, is a classic bait and switch.

At Ground Zero, surrounded by fire-fighters and police officers, the Presi-dent promised to make funding avail-able to assist families, workers, andbusinesses whose lives were perma-nently damaged by the events of Sep-tember 11. This amendment would re-turn funding back to State unemploy-ment and health programs that wastaken away in a disingenuous effort tohelp New York in its greatest hour ofneed.

I sat in a room with the members ofthe Committee on Appropriations,along with New York, along with Con-necticut and New Jersey and Pennsyl-vania, to talk about how in fact wewere united in helping the New Yorksituation and the individuals who losteverything on September 11. Wepledged to work at that.

So this is not directed at my col-leagues in New York, to take theirmoney away. This is a sham, what hasbeen done here tonight. What we findout is that the money comes out offunds that were supposed to go to theother 49 States.

I will tell the Members, this is noth-ing new, because in the economic stim-ulus package that was proposed by themajority, the health care money thatis proposed to go to people who are un-employed and who have lost theirhealth care benefits, that money iscoming from the Children’s Health In-surance Program, Mr. Chairman. Weare taking children’s health insurancemoney from the States; and we are say-ing, take that money and pay for thehealth care of workers who are out ofwork.

Mr. Chairman, this is another baitand switch, nothing new by this major-ity. These funds would have helpedAmerican families hit by the post-Sep-tember 11 recession, helped to restorethem some security they have lost. Itcomes out of unemployment; it comesout of health care.

We are charged with the responsi-bility to help each and every American,to heal the wounds of September 11 andreturn security to all parts of theirlives. We must rebuild the confidenceof the American people. Together, weare obligated to make this happen.

We provided today that opportunitynot to make this happen. We said, takethe money from all 49 States and giveit to New York, and the rest, go figureit out. Mr. Chairman, I ask Members tosupport this amendment and pleaseturn this sham around.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 2 minutes to thegentleman from Massachusetts (Mr.FRANK).

Mr. FRANK. Mr. Chairman, the gen-tleman from New York has said that heis unhappy to some extent that money

CONGRESSIONAL RECORD — HOUSEH8544 November 28, 2001must come from money set aside forpressing social needs in other States,but there is no alternative. Harry Hou-dini had a trick. He would have otherpeople tie him in knots, and his trickwas to get out of the knots.

What we sometimes see in the legis-lature is the reverse Houdini. That isthe process by which one ties oneself inknots and says, gee, I am sorry, I haveto do this because I am all tied up inknots.

The people who voted for this rulepulled a reverse Houdini. They tiedthemselves in knots. They preventedthe House from being able to vote agenuine, honest meaning of the com-mitment.

People say, well, do other States notwant to give to New York? Yes, I havepeople in Massachusetts who want togive to New York, but they are not theunemployed. This is not a case of oneState to another. This is a case ofgoing to the very poorest people, thepeople who have also been hurt. This isvictimology, comparative victimology.

They want to help New York, I wantto help New York, so how about help-ing New York, instead of helping IBMby repealing the corporate minimumtax for $1.4 billion? We could help NewYork just with one piece of the give-away tax bill.

First they vote to reduce taxes onthe wealthiest people in the country,without any incentive to invest. Thenthey vote for a rule which allows thePresident to get out from under hispromise.

I am not defending Massachusetts. Ido not believe in State sovereignty. Iam not one of those five Members ofthe Supreme Court who is trying to re-write the Constitution to dismantlethe Union. I am not here defending acorporate State called Massachusetts. Iam here talking about people who mayhave lost their health care in Massa-chusetts, Wyoming or anywhere else. Iam talking about people who have beenthrown out of work.

They are the ones, those who votedfor this rule, and I know, they wentthrough the dance, they voted presentfor a while, and, great suspense, themembers of the Committee on Appro-priations voted present. We held ourbreath, the world wondered what wouldhappen; and surprise, surprise, theycaved in.

And having caved in and havinghelped denude New York of the moneythe President had promised, they thensay, hey, let us all be generous and goafter people who have been unem-ployed, people who have lost theirhealth care, and let us feel good aboutthe fact that we are taking it fromthem.

We have to understand, that is whatit is, that it is easy to be charitablewith other people’s money. It is easy tobe charitable with the money of thepoor. I understand New York is now inneed, and in need not through its fault;but it is kind of liking walking downthe street and there is somebody who

has lost his job, he is homeless, he asksfor some money. What do we do? Goover to some other poor old lady andtake 5 bucks off her and give it to himand we feel generous.

That is what they have done here, re-duced taxes on people who make $1 bil-lion a year, give profitable corpora-tions billions and billions of dollars inaid; and then, when they are stuck be-cause they have an administration thatis unwilling to live up to its own prom-ise, when they are stuck with trying togive New York, and by the way, we arenot the ones who want to give NewYork 10 percent of what they are prom-ised. When they are stuck with that,they say hey, we have a great idea. Youknow those unemployed people in otherStates, those people who do not haveany health care? Let us give them achance to feel good.

I suppose the theory is that thesepoor 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 willsingle them out for an involuntarycharitable deduction.


Mr. Chairman, oh, to have the presti-digitation skills of Houdini, or the rhe-torical skills of the gentleman fromMassachusetts (Mr. FRANK).

But the fact of the matter is, Mr.Chairman, if Members support thisamendment, they will hurt New York.If Members listen to the Members ofthe New York delegation, they will tellus that this amendment clearly willhurt New York, and no State nor anyAmerican city has suffered as NewYork has.

Mr. Chairman, this is a hurtful de-bate for New York. We are very con-cerned, quite frankly, about what hap-pens down the road, as my colleague,the gentleman from New York (Mr.SERRANO), mentioned. We will have tocome back to the Congress for addi-tional help, clearly. Just as the coun-try came back to the Congress and theCongress developed I believe it wasseven or eight supplementals after thePearl Harbor attack, we will have tocome back for additionalsupplementals.

This debate that I see here todaytells me it is going to be very difficultfor New York to gather its strengthand its support from across the Nationto continue the help that we need.

b 2030

But need it we will. And here we willcome. And we will ask our colleaguesfrom California and Washington andMassachusetts and Wisconsin and therest of the States around this greatcountry to help us.

We are not doing anything to hurtthe rest of the country. These issueswill be dealt with in a stimulus pack-age. If they are not dealt with in astimulus package, they will be dealtwith in subsequent supplementals also.Please, if Members want to help New

York, oppose this amendment. Staywith the New York delegation, the bi-partisan New York delegation, and op-pose this amendment.


Mr. GEORGE MILLER of California.Mr. Chairman, may I inquire how muchtime is remaining?

The CHAIRMAN. Each side has 131⁄2minutes remaining.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 2 minutes to thegentlewoman from California (Ms.WOOLSEY).

(Ms. WOOLSEY asked and was givenpermission to revise and extend her re-marks.)

Ms. WOOLSEY. Mr. Chairman, wemust restore funding for all unem-ployed workers across our Nation. Wehave to provide income assistance andhealth premiums. It absolutely dumb-founds me that we would take awaythis aid for all unemployed workers tomake up for a failed promise by ourPresident to New York.

We are all sympathetic. This is notabout taking away something fromNew York. This is about making thepromise to New York for $20 billion,but not robbing Peter to pay Paul. In-stead of New York’s $20 million com-mitment being failed, we should payfor that and fulfill President Bush’soriginal promise to provide for commu-nity block grants so we can expand un-employment benefits, pay for healthinsurance premiums, or otherwise helpfamilies displaced by recession-relatedimpacts across this Nation, impactscreated across the Nation due too Sep-tember 11 and before that.

Without the Miller amendment, myState of California will lose about $220million that is needed to extend unem-ployment insurance. Yet California’seconomy is also suffering from the eco-nomic effects of the 11th of September.

Mr. Chairman, I urge my colleagues,stand up for all unemployed Americansand their families. All of them deserveyour help. All of them deserve unem-ployment assistance and health carebenefits and we can do that by votingfor the Miller amendment.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 2 minutes to thegentleman from New Jersey (Mr. AN-DREWS).

(Mr. ANDREWS asked and was givenpermission to revise and extend his re-marks.)

Mr. ANDREWS. Mr. Chairman, Ithank my friend for yielding me time.

I rise not to in any way be unfair tothe people of New York. I rise to sup-port this amendment to be fair to peo-ple throughout this country. If westand in Jersey City, New Jersey, wecan look across the river and see LowerManhattan. It is about a 5-minute boatride from Jersey City to Lower Man-hattan.

The absurdity of the underlying billif we do not pass the Miller amendmentis this: a worker who lives in JerseyCity who lost her job or his job on Sep-tember 11 because their business was

CONGRESSIONAL RECORD — HOUSE H8545November 28, 2001destroyed in the attack, will get no ad-ditional unemployment benefits orhealth benefits. But a worker on theother side of the river who happens tolive in Lower Manhattan, would be en-titled to get additional unemploymentor health benefits if the money is usedfor that purpose.

A river should not divide us. This billshould not divide us. We should nothave to choose between honoring ourpromise to the people of New York Cityand honoring our obligation to unem-ployed people all across this country.

The rule for this bill should have per-mitted us to address both of those con-cerns. It did not. Fairness dictates,however, that we address the concernsof unemployed Americans across theHudson River and around the countryand adopt the Miller amendment sothat unemployed Americans every-where can receive fair treatment fromthis Congress tonight. I urge a vote infavor of the Miller amendment.


Just to respond to my good friendand colleague, the gentleman from NewJersey (Mr. ANDREWS), I just want to beclear that under the structure that weare discussing, either under the Milleramendment or the existing structure ofthe bill, the workers in New York andNew Jersey will be treated equally.There is no difference. There is no addi-tional money in the amendment that Ioffered that was made whole in the rulethat would treat New Yorkers any bet-ter than those in New Jersey or Con-necticut. So I think we really need tomake that clear to everyone, and hope-fully they will consider that when theyconsider voting against the amend-ment.


Mr. GEORGE MILLER of California.Mr. Chairman, I yield 3 minutes to thegentleman from Hawaii (Mr. ABER-CROMBIE).

(Mr. ABERCROMBIE asked and wasgiven permission to revise and extendhis remarks.)

Mr. ABERCROMBIE. Mr. Chairman,our good friend, the gentleman fromNew York (Mr. WALSH), has a lot ofgood things said about him. How fast itgoes, does it not?

Just a few minutes ago we were overhere talking in the Committee on Ap-propriations how we were trying towork this out, and now the gentlemanfinds himself in this position. You no-tice how lonely he is over there. Noticehow people are not rushing down hereto defend this position.

Now we can understand that. We areall legislators here. But let us go overwhat is taking place here. There is avictory for the forces that attacked usif we are able to be divided this way.

I am here to state that this is poli-tics. We need to vote this amendmentfor the reason that these folks broughtup over here and that they are val-iantly defending over here.

Supplementals. If we can handle it bysupplementals, and the gentleman fromNew York (Mr. WALSH) is reduced tothe position of saying, look, we are nottrying to hurt anybody else, eventhough that is what the result is goingto be. Let us do it by supplemental. Letus deal with that because the revenuesare going down all over the country,and it does not matter whether you areRepublican or you are a Democrat. ButI will state this, if this Miller amend-ment fails, it will be a bell ringer inthe arguments that are going to bemade in the next fall in the elections.And some of the people that have beensupporting folks on the other side of

the aisle, believe me, are going to findthemselves in a very difficult politicalposition. And that position will be howis it possible that a promise could bemade that all of us are supposed to pulltogether, Democrat and Republican,but we are hurting the very people atthe grassroots that are supporting thiswar effort.

These are unemployed. I am takingthis from the preliminary monthly re-port of the Bureau of Labor Statistics.And the people of New York are goingto get hurt in the sense that they get$60 million, but the people in New Jer-sey or Hawaii, my people, and I note inpassing December 7 was brought uphere. I ought to know about that. Andwe dealt with that with supplementals.How is it possible for us to attack theunemployed in order to pay for a polit-ical strategy over here with respect tothe supplemental budget that we aresupposed to put forward, the stimulus?

How is it possible that we could at-tack our own people? We are evis-cerating ourselves. We are devouringourselves in order to get behind a polit-ical strategy that is going to be a loserfor my colleagues. I guarantee my col-leagues this, there is not a person onthat side of the aisle that supports theposition of trying to defeat the Milleramendment that could stand up to any-body in any neighborhood board meet-ing, in any community meeting and de-fend that position.

Let us vote for the Miller amendmentif my colleagues want to be here nextyear and they want to be here defend-ing the interests of the American peo-ple rather than the interests of Amer-ican corporations that are trying totake advantage of us.

DISTRIBUTION OF $1.5 BILLION IN NATIONAL EMERGENCY GRANT FUNDS BASED ON STATE SHARE OF INCREASED UNEMPLOYMENT SINCE 9/11

Average numberof unemployedfor Aug/Sept

Number of un-employed for

October

Increase innumber of un-

employed

Percent of totalincrease in un-

employed(among Stateswith increase)

Allocation of$1.5 b. of NEGgrants based

on share of in-crease unem-

ployed

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

CONGRESSIONAL RECORD — HOUSEH8546 November 28, 2001DISTRIBUTION OF $1.5 BILLION IN NATIONAL EMERGENCY GRANT FUNDS BASED ON STATE SHARE OF INCREASED UNEMPLOYMENT SINCE 9/11—Continued

Average numberof unemployedfor Aug/Sept

Number of un-employed for

October

Increase innumber of un-

employed

Percent of totalincrease in un-

employed(among Stateswith increase)

Allocation of$1.5 b. of NEGgrants based

on share of in-crease unem-

ployed

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 reservemy time.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield 2 minutes to thegentleman from North Carolina (Mr.WATT).

Mr. WATT of North Carolina. Mr.Chairman, in North Carolina our Statelegislature is still in legislative sessionin the longest legislative session in thehistory of North Carolina. It startedthe year with a budget deficit of over$300 million and a constitutional re-quirement of a balanced budget. AfterSeptember 11, and after the State legis-lature had found a way to balance thebudget, September 11 hit and they hadto face another set of projections thatthrew the budget out of balance again.They are still there trying to solve thisproblem.

Now we are told that the poor people,the unemployed people of North Caro-lina, are going to be taxed an addi-tional $54 million out of their unem-ployment benefits for the purposes ofNew York. The people of North Caro-lina do not mind supporting the peopleof New York. People who have incomewould readily do that. I talk to themall the time, but it is patently unfairto ask unemployed people to give $54million from North Carolina, unem-ployed people in North Carolina, whenwe have suffered the same impact fromthe same set of events.

U.S. Air has a hub in Charlotte. Itflies out of Reagan National to Char-lotte. It laid off thousands of peopleafter September 11. Those people needthe unemployment benefits just likeNew York needs these funds. We shouldadopt the Miller amendment.

Mr. GEORGE MILLER of California.Mr. Chairman, may I inquire how muchtime I have.

The CHAIRMAN. The gentlemanfrom California (Mr. GEORGE MILLER)has 41⁄2 minutes remaining. The gen-tleman from New York (Mr. WALSH)has 13 minutes remaining.

Mr. GEORGE MILLER of California.Mr. Chairman, if I might inquire, I amthe only speaker left.

Mr. WALSH. Mr. Chairman, no oneelse has requested time.

Mr. GEORGE MILLER of California.I will go ahead and the gentleman fromNew York (Mr. WALSH) will close; isthat correct?

The CHAIRMAN. The gentlemanfrom New York (Mr. WALSH) has theright to close.

Mr. WALSH. Mr. Chairman, I will re-serve the balance of my time.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield myself the re-mainder of my time.

The events of September 11 wereuniquely cruel, were uniquely cruelagainst the victims, people who choseto do nothing more than get up and goto work in the morning, and by thethousands they were slaughtered,unique in their cruelness, in the his-tory of this country and the history ofthe world.

From the moment after September 11and even as it was unfolding, we sawsomething uniquely American, and tothe wonder of the rest of the world, weerased all of the boundaries, all of thecharacteristics, all of the identities,and we pulled together. People droveacross country so they could put in a12-hour shift; children sent money; peo-ple were out on the streets asking forhelp for New York. People raised bil-lions of dollars. Uniquely American.

That is what Robert Frost wroteabout, about our boldness, our great-ness, our strengths, about our broadshoulders, about our integrity. That iswhat America saw. It saw strength andit saw compassion. It saw a sharinglike we have never witnessed in thiscountry, in this generation of those ofus who are alive now. It saw peoplewho said I will do anything to helpthose people in New York. People wentto enlist to help the fight overseas.People gave blood. They stood in linehere at the Cannon Building, stood inline to give blood, more blood thanthey needed. What a tribute to ourcountry.

Now we have got to finish the job,but we have got to finish it as theUnited States of America, as the Amer-ican people. When we had hurricanes inFlorida, we did not say to the earth-quake victims in California that theymust contribute, and only victims. Wedid not say to the victims of the floodsin Texas that the people devastated bythe ice storms in Maine could only con-tribute. We did not say to the people inthe tornadoes in Kansas, in Tennesseeand Arkansas that they would have toget their help from the victims of thehurricanes. No. We came and said thisis an American problem, this is a nat-ural disaster, it is an act of God andAmerica will take care of this problem.We will all join together.

We got emergency funding for thefloods in Texas, if my colleagues willremember the gentleman from Texas(Mr. DELAY) holding up the bill until ithappened. Californians put their shoul-ders to the wheel to help the victims ofFlorida after Andrew. That is America.

b 2045It 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 un-employed of New York due to thatevent. That cannot be the trust fundfrom which we are going to rebuildNew York. No.

That is why this Congress went tothe President of the United States andasked for $20 billion. That is why thisCommittee on Appropriations hasstruggled with the issues of homelanddefense. We are not going to get thereby thinking we are going to movemoney between accounts, my col-leagues.

And Americans have overwhelminglysaid that they are willing to pay to re-build this country and restore thiscountry and to erase this scar on ourlandscape. They did not assign that tothe unemployed. They assigned that toevery American in this country. EveryAmerican in this country. That is whoAmerica assigned it to.

The gentleman from New York (Mr.WALSH) is in an untenable position. Anuntenable position. Why? We know thestruggles that our colleagues on theCommittee on Appropriations havegone through, our colleagues from NewYork, 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 in-tegrity of this country. It is about thefuture of our families. It is about thesecurity of our Nation.

Can we not rise to that occasionwithout creating new victims? Can wenot rise to that occasion and defendthis country and defend its familiesand try to provide them some incomesecurity, a little bit of health carewhile they are being devastated? Ithink we can. I think we can do this asa Congress.

I think it is important that our col-leagues from New York join us in thisand turn our back on this beggar-thy-neighbor policy; that somehow we canmake New York whole by bringingdown the unemployed in Florida or theunemployed in California. That is notthe way a great Nation addresses itsgreat problems. That is not the re-sponse we have to terrorism.

This is about our Nation, united inone step together to rebuild this coun-try and to secure this country. And weare not going to do it on the backs ofthe unemployed. We should repudiatethis.

Mr. WALSH. Mr. Chairman, I yieldmyself the balance of my time, and Iwish to just clarify one point that hasbeen made by several of the proponentsof this amendment, which I think quite

CONGRESSIONAL RECORD — HOUSE H8547November 28, 2001clearly is wrong, and that is that thisamendment or that the arrangementunder the current structure of the billtakes unemployment insurance bene-fits away. In fact, people will continueto receive their unemployment bene-fits.

So anyone out there who has losttheir job, this bill will not take awayany of their unemployment benefits. Ihope people understand that. In fact,the stimulus package will extend ex-tended unemployment insurance bene-fits and extend making COBRA pay-ments to all Americans who have losttheir jobs since the attack on Sep-tember 11.

Mr. Chairman, I think the debate hasbeen divisive enough, so I would like totry to end on as positive a note as Icould.

I think the gentleman from Cali-fornia spoke about the integrity ofAmerica, the broad-shouldered ap-proach to this disaster on the part ofAmericans, the sharing spirit of Ameri-cans, and I would ask my colleaguesfrom States throughout this Nation tocontinue that. We need their help. Weare in a difficult spot. The legislativeprocess is unwieldy. We cannot alwaysmake things work exactly the way wewant to. Sometimes we do get tied upin knots. But it is all for the right rea-sons, Mr. Chairman. It is all to help acity that has been hit and hit hard. Asour Governor said, we have been blood-ied but we are not bowed.

This is a difficult time. This is a dif-ficult bill. But I would ask my col-leagues to stay with us just this onemore time. We will stand with you tomake sure that your constituents, thepeople in your States that have losttheir jobs, get the support that theydeserve from the United States, fromthis government.

So Mr. Chairman, in conclusion, Iwould ask that we reject this amend-ment. I think it is a divisive amend-ment. Let us reject it. Support the billand move this bill over to the Senatefor its consideration.

Mr. GEORGE MILLER of California.Mr. Chairman, I yield back the balanceof my time.

The CHAIRMAN. The question is onthe amendment offered by the gen-tleman from California (Mr. GEORGEMILLER).

The question was taken; and theChairman announced that the ayes ap-peared to have it.

Mr. WALSH. Mr. Chairman, I demanda recorded vote.

The CHAIRMAN. Pursuant to clause6 of rule XVIII, further proceedings onthe amendment offered by the gen-tleman from California (Mr. GEORGEMILLER) will be postponed.

Are there any other amendments?AMENDMENT OFFERED BY MR. HYDE

Mr. HYDE. Mr. Chairman, I offer anamendment.

The Clerk read as follows:Amendment offered by Mr. HYDE:At the end of the bill, add the following:

DIVISION C—ADDITIONAL GENERALPROVISIONS

SEC. ll. None of the funds made availablein Division A of this Act may be used to pro-vide support or other assistance to the Inter-national Criminal Court or to any criminalinvestigation or other prosecutorial activityof the International Criminal Court.

Mr. HYDE (during the reading). MrChairman, I ask unanimous consentthat the amendment be considered asread and printed in the RECORD.



man, I ask unanimous consent that de-bate on this amendment and anyamendments thereto be limited to 10minutes, to be equally divided and con-trolled by the proponent and myself.


There was no objection.Mr. HYDE. Mr. Chairman, I yield my-

self such time as I may consume.(Mr. HYDE asked and was given per-

mission to revise and extend his re-marks.)

Mr. HYDE. Mr. Chairman, thisamendment is intended to protect themen and women of our Armed Forcesfrom the risk of criminal prosecutionby the U.N. International CriminalCourt.

This is a new court. It has not yetcome into existence, but it predictablywill, because it is getting ratificationfrom the 60 countries that is necessary,so we should face the fact that this isgoing to be a reality. Now, once thiscourt is operating, it will claim juris-diction to prosecute the men andwomen of our Armed Forces, as well asofficials of our government, for allegedwar crimes, crimes against humanity,et cetera, even though our country hasnot and will not ratify the treaty es-tablishing the court.

The court is a threat to the sov-ereignty of our Nation. Its claim ofcriminal jurisdiction over our citizensdirectly conflicts with the supremacyclause of our Constitution, and anyAmericans prosecuted by this courtwill be without the protections guaran-teed them by our Bill of Rights, begin-ning with the right to trial by jury.

For those of us who are committed toprotecting our Constitution, and wehave heard many such voices duringour debate on the terrorism bill just afew weeks ago, the first place to beginis with the International CriminalCourt.

Terrorists, like the suicide bomberswho attacked our Nation on September11, will not be deterred by the threatthat if caught and successfully pros-ecuted they may be sentenced to lifeimprisonment, because that is thehighest penalty the international courtcan impose. But U.S. military per-sonnel and their civilian and militarycommanders will have to worry a greatdeal about the threat of criminal pros-ecution by the court.

As a result, if the court were in exist-ence today, the U.S. military oper-ations currently underway in Afghani-stan would have to be reconfigured inorder to avoid the risk of criminalprosecution by the court. It is impera-tive that we in Congress do everythingwithin our power to ensure that ourNation’s ability to respond to terror-ists and others who threaten us is notcircumscribed by the U.N. court oper-ating in conflict with the Constitution.

The purpose of my amendment pro-hibits the use of funds appropriated inthis act to support or assist any activ-ity of the International CriminalCourt. I wish the Rules of the Housepermitted me to offer a broader amend-ment, because I think it is importantto permanently prohibit any form ofU.S. support to or cooperation with theInternational Criminal Court, not justsupport or cooperation by the Depart-ment of Defense, but any governmentagency in the United States.

On September 25, the administrationinformed us it supports a revisedversion of the AmericanServicemembers’ Protection Act that anumber of us negotiated with the ad-ministration. That revised languagewas based on a bill, H.R. 1794, that wasintroduced on May 10 of this year bythe gentleman from Texas (Mr.DELAY), the gentleman from Pennsyl-vania (Mr. MURTHA) and myself. Thetext of that bill was approved by theHouse as a floor amendment on May 10by a vote of 282 to 137.

I hope that in conference the agreedlanguage that we have worked out withthe administration can be submittedwith the text of my amendment, be-cause I believe that our agreed lan-guage will better protect military per-sonnel from the threat of prosecutionby the International Criminal Court.

Mr. Chairman, the Constitution pro-tects Americans. To put Americansoutside the protection of the Constitu-tion in a court that does not permitjury trials is an abandonment of one ofthe core indicia of citizenship. It is nota good idea, and I hope my amendmentis adopted.


Mr. YOUNG of Florida. Mr. Chair-man, I yield 1 minute to the gentlemanfrom California (Mr. CUNNINGHAM).

Mr. CUNNINGHAM. Mr. Chairman, Iask my colleagues to think seriously.Generally, we say, ‘‘Let Hyde be yourguide.’’

The United Nations votes against theUnited States at least 90 percent of thetime, even though we pay the lion’sshare of funding for the United Na-tions. On many of the key votes, we arevetoed out of the process.

I do not think any of us wants ourmen and women that we ask to go inharm’s way in our military, or our in-telligence agencies and their members,to be tried in a kangaroo court withoutthe proper jurisdiction.

I rise in strong support of the Hydeamendment. I think it is a good amend-ment and it is good for our men and

CONGRESSIONAL RECORD — HOUSEH8548 November 28, 2001women both in the service and in ourintelligence agencies.

Mr. YOUNG of Florida. Mr. Chair-man, I yield myself the balance of mytime.

I simply rise to thank the gentlemanfrom Illinois for offering this amend-ment. I think it is something that weshould have considered, and we areconsidering. We are prepared to acceptthis amendment.


The CHAIRMAN. The question is onthe amendment offered by the gen-tleman 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

PROVISIONSSEC. ll. (a) OCCOQUAN RIVER, VIRGINIA.—

The project for navigation, Occoquan Creek,Virginia, authorized by the first section ofthe Act entitled ‘‘An Act making appropria-tions for the construction, repair, and pres-ervation of certain public works on riversand harbors, and for other purposes’’, ap-proved September 19, 1890 (26 Stat. 440), ismodified to direct the Secretary of theArmy—

(1) to deepen the project to a depth of 9feet; and

(2) to widen the project between ChannelMarker Number 2 and the bridge at UnitedStates Route 1 to a width of 200 feet.

(b) AVAILABILITY OF FUNDS.—Amounts ap-propriated to carry out the project referredto in subsection (a) by the Energy and WaterDevelopment Appropriations Act, 2001 (as en-acted into law by Public Law 106–377), shallbe made available to carry out the modifica-tions to the project under subsection (a).

(c) PROJECT REDESIGNATION.—(1) IN GENERAL.—The project referred to in

subsection (a) shall be known and designatedas the ‘‘project for navigation, OccoquanRiver, Virginia’’.

(2) REFERENCES.—Any reference in a law,map, regulation, document, paper, or otherrecord of the United States to the project re-ferred to in subsection (a) shall be deemed tobe a reference to the ‘‘project for navigation,Occoquan River, Virginia’’.

Mr. TOM DAVIS of Virginia (duringthe reading). Mr. Chairman, I askunanimous consent that the amend-ment be considered as read and printedin the RECORD.

The CHAIRMAN. Is there objectionto the request of the gentleman fromVirginia?

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 oforder.

Mr. DAVIS of Virginia. Mr. Chair-man, this is a simple amendment thatwill cost the Federal Government noadditional money and will provide anabsolutely critical service to the peo-ple of the northern Prince WilliamCounty, Virginia.

Over the past 3 years, I have beenworking with the Army Corps of Engi-neers, the Prince William CountyBoard of Supervisors, the mayor of thetown of Occoquan, several commercialinterests, and recreational boaters, allin an attempt to make the navigationof the Occoquan River safer for every-one who uses it.

Last year, this Congress appropriated$1 million from the Corps of Engineersto conduct maintenance dredging ofthe federally mandated channel. Myamendment will alleviate the problemof maintaining the channel withoutcosting the Federal Government anyadditional dollars.

b 2100

First, it establishes deeper and widerchannels that will accommodate theincreased traffic on the river. Second,it redirects the funds already appro-priated for maintenance dredging forthis purpose. This is a project of su-preme importance to the people ofeastern Prince William County, Vir-ginia. We can improve access to theOccoquan River without spending anynew Federal money. I urge my col-leagues to support this amendment.

Mr. OBEY. Mr. Chairman, I continueto reserve my point of order, and Imove to strike the last word.

Mr. Chairman, I think the gentlemanin the well is a very constructive Mem-ber, and I consider him to be a goodfriend of mine. I do not want to in anyway prejudge this project because I donot know anything about it.

But in light of some of the thingsthat have happened today, I want tomake some observations about thisproject. This project was brought be-fore the Subcommittee on Energy andWater. That subcommittee is con-trolled 7 to 4 by the majority party.The subcommittee looked at it andchose not to approve it.

Now we are being asked to approvean energy and water project on a De-partment of Defense appropriationsbill. It is what is traditionally calledby some people pork because it is anindividual project for an individualMember. I make no judgment aboutwhether that is good or bad. I am notoffended by pork if it is responsible. Ithink it is just as reasonable for Con-gress to designate projects as it is forthe Secretary of any agency.

But I want to note that for the last 2weeks I have been begging this Houseto review objectively and support acrucial amendment that would haveaddressed many of the crucial home-land security issues facing this coun-try. The White House attacked thatamendment for being laden with pork,although there was not a single porkitem in it; and I defy anyone to showme one.

The Republican leadership in thisHouse peddled the same misinforma-tion to the press, that the amendmentwe were seeking to provide as a matterof urgent safety, they kept trying toimply to the press that it was laden

with pork when in fact it had not a sin-gle pork item. They used that argu-ment to block our ability to provideadditional border security, additionalport security, more help for the FBI,and a variety of other actions, includ-ing added protection against weapons-grade nuclear material.

Mr. Chairman, that is one of the rea-sons that it was hard for at least aweek to get the press to pay attentionto what was actually in our packagebecause of the misinformation beingspread about it, all under the rubric ofthe term ‘‘pork.’’

Now we are being asked to providefor a Member of the Republican leader-ship as an add-on to this bill an itemthat can only be called pork. I couldobject to this under the rules of theHouse, the very rules that denied oursecurity amendment an opportunity tohave a vote. I am not going to do thatbecause I respect the gentleman in thewell and I do not consider myself, with-out further study, qualified to judgethe merits of this project. It is prob-ably legitimate. I do not know.

All I know is that there is a very dif-ferent standard being applied by theHouse leadership on this issue in com-parison to the standard that was mis-applied in order to make it more dif-ficult to communicate to Members thecontent of our own security-relatedbill.

I will not, Mr. Chairman, raise thepoint of order that I could raise againstthis project. If the majority has enoughchutzpah to proceed after they havepummeled us with mislabels for thepast 2 weeks on an important matter ofnational security, so be it.

Again, I want to emphasize, I do notcriticize the gentleman. He is doing forhis district what he thinks is legiti-mate, and all of us have a right to dothat and I do not condemn that projectuntil I know more about it. But I docondemn a process that enables peopleto smear a legitimate amendment likeours for over 2 weeks by mislabeling itas pork when in fact we had not a sin-gle item in that amendment that inany way could be called an item ofpork. Mr. Chairman, with that I with-draw my reservation of a point oforder.

The CHAIRMAN. The gentlemanfrom Wisconsin (Mr. OBEY) withdrawshis point of order.

The question is on the amendmentoffered by the gentleman from Virginia(Mr. TOM DAVIS).

The amendment was agreed to.Mr. YOUNG of Florida. Mr. Chair-

man, I move to strike the last word.Mr. Chairman, I would like to yield

to my colleague from North Carolinafor a colloquy.

Mr. BURR of North Carolina. Mr.Chairman, will the gentleman yield?

Mr. YOUNG of Florida. I yield to thegentleman from North Carolina.

Mr. BURR of North Carolina. Mr.Chairman, the bill we are debatingtoday allows $8.25 million to help re-place the public broadcasting facilities

CONGRESSIONAL RECORD — HOUSE H8549November 28, 2001that were destroyed atop the WorldTrade Center during the devastation ofSeptember 11 of this year.

No one disagrees that the stations inNew York, both commercial and non-commercial, need to get back to thebusiness of serving the people of thecity as soon as possible. To date, how-ever, no alternative site for the re-placement broadcast towers has beenlocated. Unfortunately, plans to buildthe new tower have been stalled, and itis unclear when a site will be located.Until then, it is obviously impossiblefor broadcasters to begin projects to re-build the broadcast facilities and getback to reaching the full broadcastarea that was served prior to Sep-tember 11.

For this reason, I think it is only ap-propriate that NTIA refrain fromgranting this money to the designatedstations until a proper site is securedto construct a replacement tower. Iurge the NTIA to use its expertise andplanning resources to help New Yorkbroadcasters with any engineering andtechnical decisions about the place-ment of the new tower. However, anyactual grant of these monies shouldoccur only after such a tower is lo-cated.

Mr. YOUNG of Florida. Mr. Chair-man, reclaiming my time, I agree withthe gentleman from North Carolinathat the funding in this bill is for thepurpose of reinstituting full broadcastservice to the people of New York City.The NTIA will make the funding avail-able to the stations as soon as the mostappropriate location of the replace-ment tower is secured.

Mr. Chairman, I yield to my col-league from Alabama for a brief state-ment.

Mr. ADERHOLT. Mr. Chairman, willthe gentleman yield?

Mr. YOUNG of Florida. I yield to thegentleman from Alabama.

Mr. ADERHOLT. Mr. Chairman,Johnny Michael Spann, the worldfound out today, is the first Americanknown to have died in combat in Af-ghanistan. Having grown up in Win-field, Alabama, he served in the UnitedStates Marine Corps, and was a CentralIntelligence Agency officer when hewas killed during the prison riot atMazar-e Sharif.

Winfield, Alabama, is in the congres-sional district I represent, and only afew miles from my hometown. I amcurrently preparing a resolution tohonor Mr. Spann in his service for hiscountry. He was 32 years old and a fa-ther of three, and I extend my condo-lences to his family, and ask that allAmericans keep his family in theirprayers in the days to come.

Mr. YOUNG of Florida. Mr. Chair-man, I join in the statement of the gen-tleman from Alabama, and extend thecondolences and the sympathies fromthis Member in the death of this heroicyoung 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 en-forcement of section 212(a)(1) of the Immi-gration and Nationality Act.’’.

Ms. JACKSON-LEE of Texas. Mr.Chairman, first of all, as I said earliertoday, I appreciate the work of boththe chairman and the ranking memberof this committee, and appreciate howdifficult a task this is.

I would have hoped that theSweeney-Lowey amendment wouldhave been made in order to help ourfellow New Yorkers and fellow Ameri-cans. I would have hoped that the Obeyamendment that dealt specifically withhomeland security would have beenmade in order, and we would have hadan opportunity to confront securitywithin our Nation head on.

We find ourselves debating now withunfinished work. I mentioned earlierthat our task is to be proactive. Thisamendment simply reinforces my com-mitment to being proactive. It dealswith the enforcement of health condi-tions at our border, and specifically inenforcement of section 212(a)(1) of theImmigration and Nationality Act. Thisamendment would have provided extradollars for health inspectors and otherswho would help us assist with individ-uals who might be crossing our borderwith contagious diseases. But moreparticularly, it would assist us in thedetection of individuals who would doharm by bringing across infectious dis-eases such as smallpox.

We have offered to say to the Amer-ican public that we must go on withour lives and live as we lived beforeSeptember 11. We must fly in airplanesand visit our relatives, and I agree withthat. But as we fight the evilness ofterrorism, it is important that we areproactive.

Mr. Chairman, this is a simpleamendment. It simply would havetaken the dollars and isolated them ortargeted them specifically to help en-force or provide extra staff to enforcethis provision which will be able to de-tect those individuals traveling acrossthe border with infectious diseases.

I only realized in the course of thisbill that this particular aspect of itneeds to be part of a larger picture. Iam going to withdraw this amendmenthoping that we can move homeland se-curity legislation forward in this Houseas quickly as possible, that these issuesdealing with the securing of our border,these issues dealing with health inspec-tors at our borders, will be a first pri-ority or a high priority in securing thehomeland.

Likewise, Mr. Chairman, I hope thatwe will not find ourselves borrowingfrom Peter to pay Paul, taking moneyfrom other resources in order to moveforward with homeland security. I be-lieve this is an emergency and thatthese dollars should be separately setaside in order to provide the securitythat we need while funding our hos-

pitals and public clinics and providingmore dollars for law enforcement, andhelping to support the new airport se-curity legislation. We need emergency-added dollars. More particularly, weneed to act now.

This amendment, I believe, was agood amendment to ensure that thosewho would come across the border withinfectious diseases to do wrong wouldbe detected at the border. We are lack-ing in the resources to do that. But ifwe are not going to act today, I hopethat we will act extremely quickly, andI will say to the ranking member andthe chairman, I hope that they willconsider this amendment and considerthe need for this amendment and theresources, and provide the extra staff-ing at our borders to be able to protectthose within our borders, and fight ter-rorism proactively and to move now onbehalf of the American people.

The terrorist attacks of September 11, 2001,have challenged Congress to assess and pro-tect against the many risks that this Nationfaces. But one of the greatest and least under-stood risks is the biological threat at our Na-tion’s borders.

America is ill-equipped to deal with terroristwho, infected with deadly biological agents, at-tempt to pass through our borders. Once suchagents pass into the United States, unde-tected by our border security as it currently ex-ists, they may proceed to launch a terrorist at-tack against unsuspecting Americans byspreading the disease at an alarming and epi-demic rate.

For example, one of the most deadly bio-logical threats known to science is smallpox.Although smallpox was ‘‘eliminated’’ from theworld in 1977, stockpiles still exist in securefacilities in the United States, and in moreloosely secured facilities in Russia.

According to the American Medical Associa-tion and information available for the U.S.Army Medical Research Institute of InfectiousDiseases, ‘‘Because financial support in lab-oratories in Russia has sharply declined in re-cent years, there are increasing concerns thatexisting expertise and equipment (e.g., small-pox) might fall into non-Russian hands.’’

While it is not clear whether this diseasehas been obtained by terrorist cells, such anincident could lead to a terrorist attack thatwould have national and global ramifications.

In the case of smallpox, the incubation pe-riod is about 12 days. During this period, thereis minimal visual indication of the disease, al-lowing a person infected to easily passthrough border security undetected.

Even at later stages of the disease, wherea characteristic rash, flat red lesions andscabs are apparent, there are few medicalprofessionals at our borders to properly iden-tify and diagnose the disease. Undetected,smallpox may spread from one person to an-other by infected saliva droplets that expose asusceptible person having face-to-face contactwith the ill person.

According to the Centers for Disease Con-trol, infection results in death in up to 30 per-cent of cases. According to the AmericanMedical Association ‘‘In a now highly suscep-tible, mobile population, smallpox would beable to spread widely and rapidly throughoutthis country and the world.’’ Clearly, thesethreats are real and must be addressed.

CONGRESSIONAL RECORD — HOUSEH8550 November 28, 2001My amendment provides $5,000,000.00 for

the creation of a Border Health Inspectors pro-gram, under the Immigration and Nationaliza-tion Service, in order to identify and thwarthuman biological threats to national security atour borders. As the American Medical Asso-ciation warns ‘‘The discovery of a single sus-pected case of smallpox must be treated asan international health emergency and bebrought to the attention of national health offi-cials.’’ My amendment ensures that such na-tional health officials are at our borders andthat they have the tools they need to protectus all.

I urge my colleagues to support it.Mr. Chairman, I ask unanimous con-

sent to withdraw this amendment.The CHAIRMAN. Is there objection

to the request of the gentlewomanfrom Texas?

There was no objection.The CHAIRMAN. Are there any fur-

ther amendments?AMENDMENT OFFERED BY MR. GEORGE MILLER

OF CALIFORNIA

The CHAIRMAN. The pending busi-ness is the demand for a recorded voteon the amendment offered by the gen-tleman from California (Mr. GEORGEMILLER) on which further proceedingswere postponed and on which the ayesprevailed by voice vote.

The Clerk will designate the amend-ment.

The Clerk designated the amend-ment.

RECORDED VOTE

The CHAIRMAN. A recorded vote hasbeen demanded.

A recorded vote was ordered.The vote was taken by electronic de-

vice, and there were—ayes 201, noes 220,not voting 11, as follows:

[Roll No. 457]

AYES—201

AbercrombieAllenAndrewsBacaBairdBaldacciBaldwinBarrettBecerraBentsenBereuterBerkleyBermanBerryBilirakisBishopBlagojevichBlumenauerBoniorBorskiBoswellBoucherBoydBrady (PA)Brown (FL)Brown (OH)CapitoCappsCapuanoCardinCarson (OK)ClayClaytonClementClyburnCobleConditConyersCostelloCoyne

CramerCummingsDavis (CA)Davis (FL)Davis (IL)Davis, Jo AnnDeGetteDelahuntDeLauroDeutschDicksDingellDoggettDooleyDoyleDunnEdwardsEshooEtheridgeEvansFarrFattahFilnerFrankFrostGephardtGonzalezGordonGreen (TX)GutierrezHall (OH)Hall (TX)HarmanHartHastings (FL)HefleyHillHilliardHinojosaHoeffel

HoldenHoltHondaHooleyHoyerInsleeJackson (IL)Jackson-Lee

(TX)JeffersonJohnJohnson, E. B.Jones (OH)KanjorskiKapturKennedy (MN)Kennedy (RI)KildeeKilpatrickKind (WI)KleczkaKucinichLampsonLangevinLantosLarsen (WA)Larson (CT)LaTouretteLeeLevinLewis (GA)LipinskiLofgrenLucas (KY)LutherLynchMaloney (CT)MarkeyMascaraMatheson

MatsuiMcCarthy (MO)McCollumMcDermottMcGovernMcIntyreMcKinneyMeehanMeek (FL)MenendezMillender-

McDonaldMiller, GeorgeMinkMollohanMooreMoran (VA)MurthaNapolitanoNealOberstarObeyOlverOrtizPallonePascrellPastorPaul

PaynePelosiPeterson (MN)PhelpsPomeroyPrice (NC)RahallReyesRiversRodriguezRoemerRossRoybal-AllardRushSaboSanchezSandersSandlinSawyerSchafferSchakowskySchiffScottShermanShowsSkeltonSmith (WA)Snyder

SolisSprattStarkStenholmStricklandStupakTannerTauscherTaylor (MS)Thompson (CA)Thompson (MS)ThurmanTierneyToomeyTraficantTurnerUdall (CO)Udall (NM)ViscloskyWatersWatson (CA)Watt (NC)WaxmanWilsonWoolseyWuWynn

NOES—220

AckermanAderholtAkinArmeyBachusBakerBallengerBarciaBarrBartlettBartonBassBiggertBluntBoehlertBonillaBonoBrady (TX)Brown (SC)BryantBurrBurtonBuyerCallahanCalvertCampCannonCantorCastleChabotCollinsCombestCookseyCoxCraneCrenshawCrowleyCulbersonCunninghamDavis, TomDealDeLayDeMintDiaz-BalartDoolittleDreierDuncanEhlersEhrlichEmersonEngelEnglishEverettFergusonFlakeFletcherFoleyForbesFossellaFrelinghuysenGalleglyGanskeGekasGibbonsGilchrestGillmorGilmanGoodeGoodlatte

GossGrahamGrangerGravesGreen (WI)GreenwoodGrucciGutknechtHansenHastings (WA)HayesHayworthHergerHillearyHincheyHobsonHoekstraHornHostettlerHoughtonHulshofHunterHydeIsaksonIsraelIssaIstookJenkinsJohnson (CT)Johnson (IL)Johnson, SamJones (NC)KellerKellyKernsKing (NY)KingstonKirkKnollenbergKolbeLaFalceLaHoodLargentLeachLewis (CA)Lewis (KY)LinderLoBiondoLoweyLucas (OK)Maloney (NY)ManzulloMcCarthy (NY)McCreryMcHughMcInnisMcKeonMcNultyMeeks (NY)MicaMiller, DanMiller, GaryMiller, JeffMoran (KS)MorellaMyrickNadlerNethercuttNey

NorthupNorwoodNussleOsborneOseOtterOwensOxleyPencePetriPickeringPittsPlattsPomboPortmanPryce (OH)PutnamRadanovichRamstadRangelRegulaRehbergReynoldsRileyRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRoukemaRoyceRyan (WI)Ryun (KS)SaxtonSchrockSensenbrennerSerranoSessionsShadeggShawShaysSherwoodShimkusShusterSimmonsSimpsonSkeenSlaughterSmith (MI)Smith (NJ)Smith (TX)SouderStearnsStumpSununuSweeneyTancredoTauzinTaylor (NC)TerryThomasThornberryThuneTiahrtTiberiTownsUptonVelazquezVitterWalden

WalshWampWatkins (OK)Watts (OK)Weiner

Weldon (FL)Weldon (PA)WellerWhitfieldWicker

WolfYoung (AK)Young (FL)

NOT VOTING—11

BoehnerCarson (IN)ChamblissCubin

DeFazioFordLathamPeterson (PA)

QuinnRothmanWexler

b 2136

Messrs. TERRY, BUYER, BARTON ofTexas, EVERETT, RANGEL, BARCIA,NEY and HOSTETTLER changed theirvote from ‘‘aye’’ to ‘‘no.’’

Mr. MEEHAN and Ms. HART changedtheir 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 ‘‘Emer-

gency Supplemental Act, 2002’’.

The CHAIRMAN. There being no fur-ther amendments, under the rule, theCommittee rises.

Accordingly, the Committee rose;and the Speaker pro tempore (Mr.SIMPSON) having assumed the chair,Mr. CAMP, Chairman of the Committeeof the Whole House on the State of theUnion, reported that that Committee,having had under consideration the bill(H.R. 3338) making appropriations forthe Department of Defense for the fis-cal year ending September 30, 2002, andfor other purposes, pursuant to HouseResolution 296, he reported the bill, asamended pursuant to that rule, back tothe House with further sundry amend-ments adopted by the Committee of theWhole.

The SPEAKER pro tempore. Underthe rule, the previous question is or-dered.

Is a separate vote demanded on anyamendment? If not, the Chair will putthem en gros.

The amendments were agreed to.The SPEAKER pro tempore. The

question is on engrossment and thirdreading of the bill.

The bill was ordered to be engrossedand read a third time, and was read thethird time.

The SPEAKER pro tempore. Thequestion is on the passage of the bill.

Under clause 10 of rule XX, the yeasand nays are ordered.

The vote was taken by electronic de-vice, and there were—yeas 406, nays 20,not voting 7, as follows:

[Roll No. 458]

YEAS—406

AbercrombieAckermanAderholtAkinAllenAndrewsArmeyBacaBachusBairdBakerBaldacciBaldwinBallenger

BarciaBarrBarrettBartlettBartonBassBecerraBentsenBereuterBerkleyBermanBerryBiggertBilirakis

BishopBlagojevichBluntBoehlertBoehnerBonillaBoniorBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)

CONGRESSIONAL RECORD — HOUSE H8551November 28, 2001Brown (FL)Brown (SC)BryantBurrBurtonBuyerCallahanCalvertCampCannonCantorCapitoCappsCapuanoCardinCarson (OK)CastleChabotChamblissClayClaytonClementClyburnCobleCollinsCombestConditCookseyCostelloCoxCoyneCramerCraneCrenshawCrowleyCulbersonCummingsCunninghamDavis (CA)Davis (FL)Davis (IL)Davis, Jo AnnDavis, TomDealDeGetteDeLauroDeLayDeMintDeutschDiaz-BalartDicksDingellDoggettDooleyDoolittleDoyleDreierDuncanDunnEdwardsEhlersEhrlichEmersonEngelEnglishEtheridgeEvansEverettFarrFattahFergusonFlakeFletcherFoleyForbesFossellaFrankFrelinghuysenFrostGalleglyGanskeGekasGephardtGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGordonGossGrahamGrangerGravesGreen (TX)Green (WI)GreenwoodGrucci

GutierrezGutknechtHall (OH)Hall (TX)HansenHarmanHartHastertHastings (FL)Hastings (WA)HayesHayworthHefleyHergerHillHillearyHilliardHinojosaHobsonHoeffelHoekstraHoldenHoltHondaHooleyHornHostettlerHoughtonHoyerHulshofHunterHydeInsleeIsaksonIsraelIssaIstookJackson-Lee

(TX)JeffersonJenkinsJohnJohnson (CT)Johnson (IL)Johnson, E. B.Johnson, SamJones (NC)Jones (OH)KanjorskiKapturKellerKellyKennedy (MN)Kennedy (RI)KernsKildeeKilpatrickKind (WI)King (NY)KingstonKirkKleczkaKnollenbergKolbeKucinichLaFalceLaHoodLampsonLangevinLantosLargentLarsen (WA)Larson (CT)LathamLaTouretteLeachLevinLewis (CA)Lewis (KY)LinderLipinskiLoBiondoLofgrenLoweyLucas (KY)Lucas (OK)LutherLynchMaloney (CT)Maloney (NY)ManzulloMarkeyMascaraMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcCrery

McGovernMcHughMcInnisMcIntyreMcKeonMcNultyMeehanMeek (FL)Meeks (NY)MenendezMicaMillender-

McDonaldMiller, DanMiller, GaryMiller, JeffMinkMollohanMooreMoran (KS)Moran (VA)MorellaMurthaMyrickNapolitanoNealNethercuttNeyNorthupNorwoodNussleOberstarObeyOlverOrtizOsborneOseOtterOxleyPallonePascrellPastorPelosiPencePeterson (MN)Peterson (PA)PetriPhelpsPickeringPittsPlattsPomboPomeroyPortmanPrice (NC)Pryce (OH)PutnamRadanovichRahallRamstadRangelRegulaRehbergReyesReynoldsRileyRiversRodriguezRoemerRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRossRoukemaRoybal-AllardRoyceRushRyan (WI)Ryun (KS)SaboSanchezSandersSandlinSawyerSaxtonSchafferSchakowskySchiffSchrockScottSensenbrennerSessionsShadeggShawShaysShermanSherwoodShimkus

ShowsShusterSimmonsSimpsonSkeenSkeltonSlaughterSmith (MI)Smith (NJ)Smith (TX)Smith (WA)SnyderSolisSouderSprattStearnsStenholmStricklandStumpStupakSununuSweeneyTancredo

TannerTauscherTauzinTaylor (MS)Taylor (NC)TerryThomasThompson (CA)Thompson (MS)ThornberryThuneThurmanTiahrtTiberiTierneyToomeyTownsTraficantTurnerUdall (CO)Udall (NM)UptonVisclosky

VitterWaldenWalshWampWatersWatkins (OK)Watson (CA)Watt (NC)Watts (OK)WaxmanWeinerWeldon (FL)Weldon (PA)WellerWhitfieldWickerWilsonWolfWoolseyWuWynnYoung (AK)Young (FL)

NAYS—20

BlumenauerBrown (OH)ConyersDelahuntEshooFilnerHinchey

Jackson (IL)LeeLewis (GA)McDermottMcKinneyMiller, GeorgeNadler

OwensPaulPayneSerranoStarkVelazquez

NOT VOTING—7

Carson (IN)CubinDeFazio

FordQuinnRothman

Wexler

b 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.f

REPORT ON RESOLUTION PRO-VIDING FOR CONSIDERATION OFH.R. 3210, TERRORISM RISK PRO-TECTION ACT

Mrs. MYRICK, from the Committeeon Rules, submitted a privileged report(Rept. No. 107–304) on the resolution (H.Res. 297) providing for consideration ofthe bill (H.R. 3210) to ensure the con-tinued financial capacity of insurers toprovide coverage for risks from ter-rorism, which was referred to theHouse Calendar and ordered to beprinted.

f

REMOVAL OF NAME OF MEMBERAS COSPONSOR OF H.R. 3323

Mr. MCDERMOTT. Mr. Speaker, I askunanimous consent to have my nameremoved as a cosponsor of H.R. 3323.

The SPEAKER pro tempore (Mr.SIMPSON). Is there objection to the re-quest of the gentleman from Wash-ington?

There was no objection.f

SPECIAL ORDERS

The SPEAKER pro tempore (Mr.SIMPSON). Under the Speaker’s an-nounced policy of January 3, 2001, andunder a previous order of the House,the following Members will be recog-nized for 5 minutes each.

f

The SPEAKER pro tempore. Under aprevious order of the House, the gen-tleman from Michigan (Mr. CONYERS) isrecognized for 5 minutes.

(Mr. CONYERS addressed the House.His remarks will appear hereafter inthe Extensions of Remarks.)

f

The SPEAKER pro tempore. Under aprevious order of the House, the gen-tleman from Indiana (Mr. SOUDER) isrecognized for 5 minutes.

(Mr. SOUDER addressed the House.His remarks will appear hereafter inthe Extensions of Remarks.)

f

The SPEAKER pro tempore. Under aprevious order of the House, the gentle-woman from the District of Columbia(Ms. NORTON) is recognized for 5 min-utes.

(Ms. NORTON addressed the House.Her remarks will appear hereafter inthe Extensions of Remarks.)

f

The SPEAKER pro tempore. Under aprevious order of the House, the gen-tleman from Iowa (Mr. GANSKE) is rec-ognized for 5 minutes.

(Mr. GANSKE addressed the House.His remarks will appear hereafter inthe Extensions of Remarks.)

f

b 2200

GLUCOPHAGE

The SPEAKER pro tempore (Mr.SIMPSON). Under a previous order of theHouse, the gentleman from New Jersey(Mr. PALLONE) is recognized for 5 min-utes.

Mr. PALLONE. Mr. Speaker, I rise onthe House floor to express my deep con-cerns regarding the lobbying efforts ofBristol-Myers-Squibb to block accessto affordable generic alternatives totheir blockbuster diabetes drugGlucophage.

The FDA’s Office of Generic Drugshas numerous generic versions of thisdiabetes drug awaiting approval. How-ever, the office is unable to allow thesegenerics onto the market due to Bris-tol’s monopoly. There are no patentsblocking the approval of generics inthis case. The only obstacle is a resultin the loophole in the Waxman-Hatchexclusivity. It allows Bristol to obtain3 years of Waxman-Hatch exclusivityin addition to 6 months of pediatric ex-clusivity for a new indication, the useof this drug for treatment of Type 2 di-abetes in pediatric patients ages 10 to16 years.

Mr. Speaker, the pediatric researchconducted on this drug has yielded use-ful results for pediatric use. However,Bristol should not be allowed a total of3 years plus 6 months of exclusivity forchanging its label to indicate pediatricuse. This only leads to 3 years and 6months more of keeping valuablegenerics off the market.

The FDA regulations authorize a ge-neric manufacturer to carve out of itslabeling indications that are protectedby patents or exclusivity. Therefore,there does not seem to be any reasonwhy the generic forms of this diabetesdrug cannot be approved now withoutthe pediatric indication.

november 28, 2001 congressional record house h8441...2001/11/28 · november 28, 2001 congressional...

Documents