[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.
____________________