[Congressional Record Volume 144, Number 87 (Monday, July 6, 1998)]
[Senate]
[Pages S7351-S7354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1999

  The Senate continued with the consideration of the bill.


                           Amendment No. 3056

  (Purpose: To increase funding for the Federal Emergency Management 
                    Agency antiterrorism activities)

  Mr. BOND. Madam President, I send an amendment to the desk on behalf 
of myself and Senator Mikulski and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Missouri [Mr. Bond], for himself and Ms. 
     Mikulski, proposes an amendment numbered 3056.

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

       On page 73, line 11, strike ``$231,000,000'' and insert 
     ``$239,000,000, including $11,000,000 for assisting state and 
     local governments in preparing for and responding to 
     terrorist incidents''.
       On page 42, line 14, strike ``$1,000,826,000'' and insert 
     ``$992,826,000''.

  Mr. BOND. Madam President, I ask it be considered en bloc as it 
amends the bill in two places.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BOND. Madam President, this amendment responds to the critical 
requirement of enhancing antiterrorist activities at the Federal 
Emergency Management Agency. In our budget hearings with the Federal 
Emergency Management Agency, Senator Mikulski and I raised the question 
of whether this country is ready to respond and take all appropriate 
actions to deal with the threat of terrorist activities in our country. 
The administration has submitted a budget amendment on June 8 to 
increase spending in several agencies for antiterrorism activities, 
including $11 million more than the original budget request for FEMA's 
emergency planning and assistance. With this amendment we will meet the 
request.
  The bill as reported by the committee adds $3 million above the 
initial request for such activities, and this amendment now pending 
before the Senate would add another $8 million, for a total of $11 
million in this key area. These funds are to be used for such critical 
activities as planning at the Federal, State, and local level for the 
unique aspect of terrorist-related incidents.
  I note this is part of a larger proposal for $249 million to 
strengthen our ability to defend against and respond to terrorist 
incidents involving the use of biological or chemical weapons. I 
wholeheartedly support this effort. I think it is vitally important and 
I think this is a vital first step.
  In a recent self-assessment by the States, they rated themselves as 
being unprepared in this critical area. The funds we are adding today 
should go a long way in helping State and local governments prepare for 
these instances that we hope they never have to face. But, as in all 
emergency management agencies' activities, we have to be prepared for 
things that could happen that we hope never happen.
  With this amendment, FEMA funding would total almost $18 million. The 
FEMA program, as I said, complements a broader initiative involving the 
Department of Defense, Department of Justice, and the Department of 
Health and Human Services. That effort includes building a civilian 
stockpile of antidotes to respond to any large-scale attack, improving 
the public health surveillance system, and providing special equipment 
to first responders.
  We have already included in this bill assistance for first responders 
in dealing with a problem that is particularly acute in my State of 
Missouri, and that is the explosion of methamphetamine clandestine labs 
in our State. We have recognized in this bill the need to prepare first 
responders--emergency personnel, firefighters, police--when they go 
into a methamphetamine lab. These are very dangerous facilities that 
can blow up with any kind of heat or light, or even the discharge of a 
gun. So we recognize that the people who do the vitally important work 
responding to emergencies, whether they are firefighters or police or 
sheriffs units, the first responders as they are often called, need to 
be prepared. In this amendment, we are going to provide additional 
assistance to the people who will come on the scenes first.
  These are very frightening issues. The terrorism issue--we have 
already experienced domestic acts of terrorism in Oklahoma City and at 
the World Trade Center, so we know they can occur. We need to be 
prepared. We need to make our country as safe as possible. It is all 
too easy to ship weapons of mass destruction, be they explosives or 
chemical or biological weapons, even in a suitcase. This risk is not 
acceptable, and I strongly support the amendment as an important first 
step towards dealing with these problems.
  Our country has to be prepared to protect its citizens from the 
dangers of a hostile world. Unfortunately, the constant threat we face 
from rogue states makes it vital that Congress provide the funding for 
FEMA to use

[[Page S7352]]

towards counterterrorism measures on a local level. Our amendment gives 
FEMA the funding it needs to enhance the training of emergency 
personnel in the event that a terrorist attack occurs.
  Madam President, I urge adoption of the amendment and I yield the 
floor to my colleague.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Madam President, I am pleased to join with Chairman 
Bond in offering this FEMA amendment. As he has indicated, it provides 
an additional $8 million for the antiterrorist activities of FEMA, 
combined with a $3 million increase provided in the full committee 
markup.
  Now, this is really important. There are rogues, bums, and predators 
out there who want to destroy the United States of America. The United 
States of America can be attacked and it can be attacked by another 
nation by a weapon of mass destruction, or it can be attacked by an 
external terrorist, or even someone within our own country.
  What are weapons of mass destruction? They are, of course, nuclear 
weapons. They are, in addition to nuclear, chemical, biological, and 
even cybermanipulation.
  The issues around chemical and biological weapons present new and 
unique threats to the United States of America. I am fortunate to have 
two outstanding military installations in my State, Fort Detrick as 
well as Aberdeen, whose whole approach is to look into the research 
activities on what could be the possible weapons used against us, 
whether it be nerve gas or a despicable virus that could bring a city's 
population to its knees.
  We were concerned in our hearing and raised this issue. Mr. James Lee 
Witt, the head of FEMA, said he did need to have more resources. In 
President Clinton's speech at the U.S. Naval Academy, he said that he 
had directed the administration to undertake a concerted effort to 
protect our people in the event of biological or chemical weapons being 
unleashed either by a rogue state, an international criminal 
organization, or a terrorist group. The key elements of this directive 
are, for the first time, a civilian stockpile of antidotes and 
antibiotics, protecting the population by public health surveillance to 
detect biological or chemical agents, and analyzing the results of 
diseases.
  The President wants an additional $294 million to go to the Justice 
Department, the FBI, the Department of Health and Human Services, but 
certainly to FEMA.
  We support the FEMA request because it is very important. It is 
consistent with its overall mission. They receive tasking under the 
Nunn-Lugar-Domenici legislation that it protect us from all hazards, 
including weapons of mass destruction, and they need to do several 
things: They need to play an important role in coordination, and they 
need to do preparedness by working with States for planning and for 
training.
  It is not only planning--we are not talking about endless summers of 
planning--but actual exercises to prepare local agencies, from city 
fire departments to police departments to emergency medical personnel, 
on what will be the way to both contain the attack and contain the 
panic around the attack. If we are hit by something from a rogue state 
or from an international criminal organization, one of the first 
instances will be to contain the chemical attack or identify the 
biological one. But people will be scared, they will be panic-stricken. 
This is an unknown situation. It is FEMA's job to work with the 
civilian population around the preparedness to do this.
  We know that our colleagues in the Department of Defense, like at 
Fort Detrick, we know that the National Institutes of Health and FDA 
will be working on the antidotes and the vaccines to protect our 
civilian population.
  We believe that this amount of $17 million enhances the preparedness, 
which is to coordinate with the Department of Defense and the National 
Guard, with the Department of Health and Human Services, as well as 
State and local governments.
  DOD, except through the National Guard, doesn't have a relationship 
with State and local governments. They come in after the first 
responders. So these funds are very important in developing a new 
manual, in developing training in the State and local communities, 
particularly in the high-risk areas that we know would be targeted by 
rogue states, to deal with their predatory acts.
  We believe that this legislation will provide them with a downpayment 
to prepare. We have been so focused on moving FEMA from a cold-war 
agency to responding to the tremendous number of civilian natural 
disasters we have had, and they have done an outstanding job. We now 
have the infrastructure for them to respond to any risk that the United 
States of America faces. Now when the ugly head of someone like Saddam 
Hussein is raised or the ugly tentacles of international crime 
organizations try to do their predatory acts, we need to stand sentry 
with our military and our intelligence agencies.
  But for anyone who is thinking about doing harm in any way to the 
American people, know we are well on our way to being prepared. We are 
prepared now, so don't think, if you are listening out there on CNN, 
where Saddam Hussein is, don't think we are not prepared. We are 
prepared, but we are even going to be better prepared. So don't even 
think about doing it, because if you do, you will face us in return and 
know we will take any and all means possible to protect our people and 
we, the Federal emergency management appropriators, are ready to make 
sure they have the resources to begin the planning and the drills to 
protect our people.
  I support this amendment, and if there is no objection, I urge 
adoption of the amendment.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to amendment No. 3056.
  The amendment (No. 3056) was agreed to.
  Mr. BOND. Madam President, I move to reconsider the vote by which the 
amendment was agreed to.
  Ms. MIKULSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BOND. Madam President, I think that some of our colleagues may 
wish to add statements. I know we have had a number of colleagues 
express an interest in this. I ask unanimous consent that they be 
allowed to be listed as cosponsors and add statements to the Record by 
the close of business today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BOND. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BOND. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 3057

 (Purpose: To transfer land from the Department of Veterans Affairs to 
the University of Alabama, to clarify that States may charge loan fees 
   to clean water state revolving fund borrowers, to make technical 
 reforms to the Mark-to-Market program, to make technical corrections, 
                        and for other purposes)

  Mr. BOND. Madam President, I send a managers' amendment to the desk 
on behalf of myself and Senator Mikulski and ask for its immediate 
consideration and ask unanimous consent that it be considered en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The legislative clerk read as follows:

       The Senator from Missouri [Mr. Bond], for himself and Ms. 
     Mikulski, proposes an amendment numbered 3057.

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

       On page 16, line 20, insert the following:

     ``SEC. 110. LAND CONVEYANCE, RIDGECREST CHILDREN'S CENTER, 
                   ALABAMA.

       (a) Conveyance.--The Secretary of Veterans Affairs may 
     convey, without consideration, to the Board of Trustees of 
     the University of Alabama, all right, title, and interest of 
     the United States in and to the parcel of real property, 
     including any improvements thereon, described in subsection 
     (b).
       (b) Covered Parcel.--The parcel of real property to be 
     conveyed under subsection (a)

[[Page S7353]]

     is the following: A parcel of property lying in the northeast 
     quarter of the southwest quarter, section 28, township 21 
     south, range 9 west, Tuscaloosa County, Alabama, lying along 
     and adjacent to Ridgecrest (Brewer's Porch) Children's Center 
     being more particularly described as follows: As a point of 
     commencement start at the southeast corner of the north half 
     of the southwest quarter run in an easterly direction along 
     an easterly projection of the north boundary of the southeast 
     quarter of the southwest quarter for a distance of 888.52 
     feet to a point; thence with a deflection angle to the left 
     of 134 degrees 41 minutes run in a northwesterly direction 
     for a distance of 1164.38 feet to an iron pipe; hence with a 
     deflection angle to the left of 75 degrees 03 minutes run in 
     a southwesterly direction for a distance of 37.13 feet to the 
     point of beginning of this parcel of property; thence 
     continue in this same southwesterly direction along the 
     projection of the chain link fence for a distance of 169.68 
     feet to a point; thence with an interior angle to the left of 
     63 degrees 16 minutes run in a northerly direction for a 
     distance of 233.70 feet to a point; thence with an interior 
     angle to the left of 43 degrees 55 minutes run in a 
     southeasterly direction for a distance of 218.48 feet to the 
     point of beginning, said parcel having an interior angle of 
     closure of 72 degrees 49 minutes, said parcel containing 0.40 
     acres more or less, said parcel of property is also subject 
     to all rights-of-way, easements, and conveyances heretofore 
     given for this parcel of property.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.''
       On page 55, after line 13, insert the following new 
     sections and designate, accordingly:

     ``SEC.  TECHNICAL CORRECTIONS TO THE DEPARTMENTS OF VETERANS 
                   AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                   INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1998.

       (a) Section 8 Contract Renewal Policy for FY 1999 and 
     Subsequent Years.--Section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 is amended:
       (1) in subsection (a)(2), by inserting after 
     ``Notwithstanding paragraph (1)'' The following ``and subject 
     to section 516 of this subtitle''; and
       (2) by inserting at the end the following new subsections''
       ``(b) Inapplicability to Projects Subject to 
     Restructuring.--This section shall not apply to projects 
     restructured under this subtitle.
       ``(c) Savings Provisions.--Upon the repeal of this subtitle 
     pursuant to section 579, the provisions of sections 512(2) 
     and 516 (as in effect immediately before such repeal) shall 
     apply with respect to this section.''.
       (b) Repeal of Contract Renewal Authority Under Section 
     405(a).--Section 405(a) of the Balanced Budget Down Payment 
     Act, I is hereby repealed.
       (c) Exemptions From Restructuring.--(1) Section 514(h)(1) 
     of the Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, is 
     amended to read as follows:
       (1) the primary financing for the project was provided by a 
     unit of State government of a unit of general local 
     government (or an agency or instrumentality of either) and 
     the primary financing involves mortgage insurance under the 
     National Housing Act, such that implementation of a mortgage 
     restructuring and rental assistance sufficiency plan under 
     this Act would be in conflict with applicable law or 
     agreements governing such financing;''.
       (2) Section 524(a)(2)(B) is amended by striking ``and the 
     financing'' and inserting ``and the primary financing''.
       (d) Mandatory Renewal of Project-Based Assistance.--Section 
     515(c)(1) is amended by inserting ``or'' after the semi-colon 
     at the end of subparagraph (B).
       (e) Partial Payments of Claims.--Section 514 of the 
     national Housing Act is amended by--
       (1) by striking ``1978 or'' and inserting ``1978) or''; and
       (2) by striking ``)))'' and inserting ``))''.''
       On page 56, line 17, after the word ``That'' insert ``, of 
     the funds made available under this heading,''.
       On page 69, line 15, following the last proviso and prior 
     to the period, insert the following:

     ``: Provided further, That, notwithstanding section 603(d)(7) 
     of the Federal Water Pollution Control Act, as amended, the 
     limitation on the amounts in a water pollution control 
     revolving fund that may be used by a State to administer the 
     fund shall not apply to amounts a State has heretofore 
     included, or will hereafter include, as principal in loans 
     made by such fund to eligible borrowers where such amounts 
     represent costs of administering the fund, except that such 
     amounts therefore or hereafter included in loans shall be 
     accounted for separately from other assets in the fund, shall 
     only be used for purposes of administering the fund and shall 
     not exceed an amount that the Administrator deems 
     reasonable''
       On page 70, line 3, insert the following: ``(a) Limitation 
     on Funds Used To Enforce Regulations Regarding Animal Fats 
     and Vegetable Oils.--None of the funds made available by this 
     Act or subsequent Acts may be used by the Environmental 
     Protection Agency to issue, implement, or enforce a 
     regulation or to establish an interpretation or guideline 
     under the Edible Oil Regulatory Reform Act (Public Law 104-
     55) or the amendments made by that Act, that does not 
     recognize and provide for, with respect to fats, oils, and 
     greases (as described in that Act, or the amendments made by 
     that Act) differences in--
       (1) physical, chemical, biological and other relevant 
     properties; and
       (2) environmental effects.
       (b) Deadline for Promulgation of Regulations.--Not later 
     than March 31, 1999, the Administrator of the Environmental 
     Protection Agency shall issue regulations amending 40 C.F.R. 
     112 to comply with the requirements of Public Law 104-55.''
       On page 55, after line 13, insert the following new 
     section:

     SEC.   . CLARIFICATION OF OWNER'S RIGHT TO PREPAY.

       (a) Prepayment Right.--Notwithstanding section 211 of the 
     Housing and Community Development Act of 1987 or section 221 
     of the Housing and Community Development Act of 1987 (as in 
     effect pursuant to section 604(c) of the Cranston-Gonzalez 
     National Affordable Housing Act), subject to subsection (b), 
     with respect to any project that is eligible low-income 
     housing (as that term is defined in section 229 of the 
     Housing and Community Development Act of 1987)--
       (1) the owner of the project may prepay, and the mortgagee 
     may accept prepayment of, the mortgage on the project, and
       (2) the owner may request voluntary termination of a 
     mortgage insurance contract with respect to such project and 
     the contract may be terminated notwithstanding any 
     requirements under sections 229 and 250 of the National 
     Housing Act.
       (b) Conditions.--Any prepayment of a mortgage or 
     termination of an insurance contract authorized under 
     subsection (a) may be made--
       (1) only to the extent that such prepayment or termination 
     is consistent with the terms and conditions of the mortgage 
     on or mortgage insurance contract for the project; and
       (2) only if owner of the project involved agrees not to 
     increase the rent charges for any dwelling unit in the 
     project during the 60-day period beginning upon such 
     prepayment or termination.

  Mr. BOND. Madam President, this amendment includes clarifying 
provisions which have been cleared on both sides and are without 
controversy.
  First, on behalf of Senator Shelby, the amendment would allow the 
transfer of land from the Department of Veterans Affairs--Tuscaloosa VA 
Hospital--to the University of Alabama to use for the Ridgecrest 
Children's Center. VA has no objection to this language, and it is in 
keeping with the conveyance of land from Tuscaloosa authorized in the 
fiscal year 1997 VA-HUD bill.
  Second, the amendment makes a technical correction to a provision 
under the American Battle Monuments Commission.
  Third, the amendment clarifies that States, in administering their 
clean water State revolving fund program, may charge borrowers loan 
origination fees. This language has been reviewed and approved by both 
EPA and the authorizing committee.
  Fourth, the amendment would make a number of technical amendments to 
the mark-to-market legislation enacted as part of the VA-HUD fiscal 
year 1998 Appropriations Act with the concurrence of the administration 
and the Senate Banking Committee.
  Fifth, on behalf of Senator Harkin, the amendment would require that 
EPA recognize the differences between the environmental effects caused 
by spills of animal fats and vegetable oils, as opposed to petroleum 
oil, and issue regulations to accomplish this commonsense 
differentiation.
  Finally, the amendment would clarify the owner's right to prepay 
under the Preservation Program, as requested by the administration and 
cleared by the Senate Banking Committee.
  Ms. MIKULSKI addressed the Chair.
  The PRESIDING OFFICER. The Senator from Maryland is recognized.
  Ms. MIKULSKI. Madam President, I think this is an outstanding 
managers' amendment. I think it resolves several issues related to the 
Tuscaloosa Hospital, the American Battle Monuments Commission, as well 
as clarifying certain things with EPA.
  I am particularly gratified that we will recognize the differences of 
the environmental effects between animal fats and vegetable oils and 
petroleum oil. And I think this will be an important clarification for 
EPA to issue this commonsense differentiation. I have been at oil 
spills and I have also spilled some oil on my floor cooking those 
Maryland crab cakes, and I know the difference, and it will help EPA 
know as well.

[[Page S7354]]

  So I am prepared to accept the amendment.
  Mr. BOND. Madam President, I urge adoption of the amendment.
  The PRESIDING OFFICER. Is there further debate?
  If there is no further debate, the question is on agreeing to the 
amendment.
  The amendment (No. 3057) was agreed to.
  Mr. BOND. I move to reconsider the vote.
  Ms. MIKULSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BOND. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BOND. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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