[Congressional Record Volume 147, Number 86 (Wednesday, June 20, 2001)]
[House]
[Pages H3291-H3348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
2001 SUPPLEMENTAL APPROPRIATIONS ACT
The SPEAKER pro tempore. Pursuant to House Resolution 171 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2216.
{time} 1454
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2216) making supplemental appropriations for the fiscal year
ending September 30, 2001, and for other purposes, with Mr. Bereuter in
the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. Young) and the
gentleman from Wisconsin (Mr. Obey) each will control 30 minutes.
The Chair has been advised that the gentleman from Wisconsin (Mr.
Obey) has a bit of laryngitis and, for that reason, wishes to pass
control of his time to the gentleman from Pennsylvania (Mr. Murtha).
Without objection, it is so ordered.
There was no objection.
The CHAIRMAN. The Chair recognizes the gentleman from Florida (Mr.
Young).
Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. YOUNG of Florida asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Florida. Mr. Chairman, I am pleased to bring to the
House the 2001 Supplemental Appropriations bill. While this is the
first appropriations activity on the floor of this Congress, it is
actually the last appropriations action for the last Congress because
this is a supplemental dealing with fiscal year 2001 funding.
The bill before us represents our best attempt to address funding
shortfalls for our military, provide emergency assistance to
communities impacted by natural disasters, and secure relief for
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consumers affected by high energy costs.
We have accomplished this within the funding levels requested by the
President and approved by the Congress in the budget resolution. In
other words, if we were to go above the $6.5 billion provided in this
bill, we would be violating budgetary constraints which would cause
serious problems. And in the other body, the chairman of the Committee
on Appropriations has said publicly that $6.5 billion is the maximum
because if they were to go over that, they would be subject to a 60-
vote point of order.
Mr. Chairman, let me briefly discuss the highlights of the bill and
after the gentleman from Pennsylvania (Mr. Murtha) makes his comments,
I would yield to several of the subcommittee chairmen who have played a
major role in preparation of this bill.
The net funding in this bill is $6.5 billion. However, it provides
for $6.75 billion to address these urgent defense needs, including
rising fuel costs, military health care, readiness and operations
requirements, substandard housing for our troops scattered throughout
the world and especially in Korea, repair of damages to the U.S.S.
Cole, disaster assistance for damage to U.S. military installations,
and implementation of the Department of Defense's energy conservation
plan in California and the western United States.
Also included is $92 million sum for the Coast Guard operational
needs. The bill also includes $380 million for emergency natural
disaster assistance to the U.S. Army Corps of Engineers, Fish and
Wildlife Service for the Forest Service for the recent midwestern
floods, ice storms, earthquakes, and wildfire land management.
Additional energy needs are met by adding $150 million to the
President's budget request of $150 million for LIHEAP. We doubled that
to $300 million. It provides $161 million to implement last year's
conference agreement on title I education for the disadvantaged
program, $44.2 million to avert a potential deficit in the House
Member's representation allowances, and $115 million to enable the
Department of the Treasury to mail out the tax rebate checks that go to
almost every American taxpayer.
As I said earlier, the bill includes offsets in order to stay within
the 2001 budget, so the $6.75 billion is netted at $6.5 billion. There
will be an issue discussed at length today in our offsets. We have a
one-for-one offset of unobligated FEMA balances to support nondefense
emergency spending needs for natural disasters.
FEMA will still have large carryover balances in excess of $1.6
billion even after this rescission. I would say to the Members who are
concerned about the use of the emergency designation, normally and in
the past, we have declared emergencies which allowed us to spend money
over and above the top line in the bill. That is not the case here.
These emergency declarations do not increase any funding because they
have been offset. The reason we use the emergency designation is
because the funds were rescinded or transferred from a fund that was
created by an emergency designation in the last Congress.
{time} 1500
And so it is a one-for-one offset. The emergency designation is
technical. It does not add any additional money to this bill.
Mr. Chairman, those are the highlights of this bill. There is a lot
more detail. We have a point paper that indicates all of the major
items included in this bill which is available to any Member that would
like to have it.
Mr. Chairman, I am pleased to bring to the House the 2001
Supplemental Appropriations Bill.
The bill before you represents our best attempt to address funding
shortfalls in our military, provide emergency assistance to communities
impacted by natural disasters, and secure relief for consumers affected
by high energy costs. We have accomplished this within the funding
levels requested by the President and approved by the Congress in the
Budget Resolution.
We made a commitment to stay within the $6.5 billion provided under
the Budget Resolution even though we had a number of emergency natural
disaster requirements and other non-emergency requirements that were
not requested by the Administration. We found offsets for the
additional spending. So even with emergencies, the FY 2001 cap provided
in the Budget Resolution has not been exceeded. The emergencies are
offset.
The bill includes over $6.75 billion to address urgent defense needs,
including rising fuel costs, military health care program needs,
readiness and operations requirements, substandard housing for our
troops stationed in Korea, repair of damages to the U.S.S. Cole;
disaster assistance for damage to U.S. military installations and
implementation of DOD's energy conservation plan in California and the
Western United States. Also included is $92 million for Coast Guard
operational needs.
The bill also includes $389 million for emergency natural disaster
assistance to the U.S. Army Corps of Engineers, Fish and Wildlife
Service, and the Forest Service from the recent Midwestern floods, ice
storms, and earthquakes and for wildland fire management. Funding is
also included for the Bureau of Indian Affairs San Carlos Irrigation
Project to avert potential electricity blackouts in rural Arizona.
Additional energy needs are met by $300 million included in the bill
for the Low Income Home and Energy Assistance Program (LIHEAP), twice
the amount requested by the President and highest level in the
program's history.
The bill provides $161 million to implement last year's conference
agreement on Title 1, Education for the Disadvantaged program; $44.2
million to avert a potential deficit in House Members Representational
Allowances and $115 million to enable the Department of Treasury to
mail out tax rebate checks.
As I said earlier, the bill includes offsets in order to stay within
the FY 2001 budget cap. We have included a one-for-one offset of
unobligated FEMA balances to support non-defense emergency spending
needs for natural disasters. We believe FEMA still has large carryover
balances in excess of $1.6 billion after this reduction which should be
sufficient to meet emerging needs, such as the floods in Texas.
There are many other important issues addressed in this bill. The
report provides a more complete description of them.
While I recognize that this bill is not going to please everybody, a
lot of people need this bill, including us, because of badly needed
funds to operate the House of Representatives.
Now, the bill is before the entire House for consideration. One
amendment has been made in order under the rule, but I expect that many
more will be offered. We will have a long day, and I urge all members
to be brief as the House perfects this bill.
The bill as reported by the Committee is a good bill. I hope that
throughout the day we can improve it.
Mr. Chairman, I reserve the balance of my time.
Mr. MURTHA. Mr. Chairman, I yield myself such time as I may consume.
Most of this bill is a bipartisan bill. The defense portion of it,
which is the largest section, is bipartisan. But it is late and
certainly inadequate. The gentleman from Florida just mentioned the
fact that it is inadequate. The chairman of the subcommittee mentions
that it is inadequate. In the past normally, we have gone to the
emergency side where we were not artificially capped by the legislation
and passed an adequate amount of money. But realizing the problems we
have not only here but in the other body, we know that it is going to
be very difficult to pass anything any larger.
The thing that worries us the most on this side is some of the
disaster relief money that is not available and the fact that one of
the ways we have found money to fund some of the other programs is take
out of FEMA. Yet we have gotten a letter from the OMB Director and also
from the FEMA Director that says he estimates demands far in excess of
the amount of money that is available. We have nothing in the Federal
Highway Administration's emergency relief program. It is out of money
completely. Certainly those kind of considerations should have been
made. I do not have to say that we always have fires and storms in
California or in other places in the Midwest and we always have to fund
those programs.
I am disappointed that we do not address the energy crisis, but I
know that as we go along, we are getting closer and closer to getting
something done. I think public pressure has finally gotten to the point
where everybody realizes it. The President has said it is a crisis in
California and something needs to be done. All of us recognize that we
do not have the answer to it. But as a whole, this bill is in my
estimation inadequate. All of us know, though, that voted for the
balanced
[[Page H3293]]
budget amendment that we have to live within the constraints of what we
have.
We have room in this bill, and I am hopeful that in the conference we
will be able to make some adjustments. I know that in defense, after
the review, we have indications there will be more money to take care
of things that are so important to our national security. We have a
substantial housing shortage, we have a shortage in the amount of money
for health care even though we added to health care.
We have some problems with this bill, but ultimately I am going to
support the bill. Depending on the amendments that are offered and
accepted, hopefully we will have a better bill and a bill that all of
us can vote for when it is finished.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, as the gentleman from
Pennsylvania (Mr. Murtha) has indicated, the largest amount of dollars
in this bill goes to the Department of Defense. There are many, many
more needs than this bill provides for. However, I would like to yield
such time as he may consume to the gentleman from California (Mr.
Lewis), the chairman of the Subcommittee on Defense, to describe in
more detail the defense part of this bill.
Mr. LEWIS of California. Mr. Chairman, I thank very much the
gentleman for yielding me this time. I must say it is very interesting
to be taking up the supplemental and have on the Democratic side the
bill actually chaired or being handled by my partner in the
Subcommittee on Defense. It is very, very appropriate. There are two
things that are appropriate about that: One is the fact that the vast
percentage of the dollars within this supplemental involve our national
security. And the other is that the ranking member, the gentleman from
Wisconsin (Mr. Obey), is sitting over there taking notes, careful
notes, to make sure that the gentleman from Pennsylvania (Mr. Murtha)
and I do not get out of line too much. We very much appreciate the
effort of the gentleman from Wisconsin to expedite the process today. I
want to thank him personally for his work as well as my chairman.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. This is an interesting thing. The ranking member on our
side actually realizes there is a shortage in defense, and it may have
something to do with his laryngitis that he cannot get the words out.
Mr. LEWIS of California. I must say he has made an immense
contribution today and I appreciate it very much.
Mr. Chairman, the bill, as the gentleman from Florida has indicated,
involves supplemental appropriations requirements across the board.
With many of the circumstances facing the country but particularly with
national defense, this bill addresses the fact that there are
shortfalls in a number of areas that essentially are must-pay
obligations.
Within the bill there is a total of defense appropriations amounting
to some $6.3 billion. With an offset of some $834 million, the net
increase is $5.46 billion. The bill reflects a broad cross-section of
serious concerns dealing with our military.
I will give just a few examples regarding the elements of this bill
and hold back as much as I possibly can on taking time.
An example of high priority on the part of both the President as well
as the Chiefs of the various services, the bill includes $550 million
to cover the costs associated with military pay and benefits, costs
which are being incurred largely because of legislated changes in the
pay and benefit package. In addition to that element, there is
approximately $1.6 billion for funding shortfalls dealing with defense
medical programs, the TRICARE program that helps provide the
fundamental medical care available to our military people.
The bill also provides over $3 billion in direct support for ongoing
operations and readiness. This includes $670 million to address those
increases in energy costs that are being borne by DOD installations
across the country. We have had a good deal of discussion already today
about the impact of rising energy costs in the West. As our communities
are affected, so is the military affected, and this bill attempts to
begin to address that subject area.
I might mention, in connection with that, especially to those in the
West who are concerned about the energy matter, another component of
this appropriations bill as well as the language that goes along with
it will attempt to take us in the direction of developing energy
independence on our military bases, hopefully moving in the direction
of having them have enough capacity to meet their needs but also have
supplementary capacity that can help assist in the grid when serious
shortfalls take place.
Finally, within the bill, we have provided funds for unexpected costs
for a number and variety of immediate challenges and unexpected
challenges. For example, the U.S.S. Cole, that tragedy that occurred
not so long ago, there is a $44 million amount. There is also $40
million for damages at defense facilities resulting from national
disasters, but the Cole is an obvious illustration of the kind of
emergency needs that we are talking about.
We would hope in the months and years ahead to be able to establish
guidelines within defense appropriations that will essentially take us
to the point of not having to have supplemental appropriations bills.
But clearly emergencies do come along. We have illustrations of those
in the chairman's statement and mine as well.
Mr. MURTHA. Mr. Chairman, I yield myself such time as I may consume.
I know we have set up a unanimous-consent request which will give
people time on the amendments. I really think we ought to get into the
amendment process since we are going to have a late evening, anyway.
Mr. LaFALCE. Mr. Chairman, I rise as Ranking member of the Financial
Services Committee to discuss the housing provisions in this bill.
This bill continues the practice in recent years of diverting
affordable housing resources to non-housing programs. Specifically, the
bill rescinds $114 million in Section 8 funds. There are two problems
with this. First, it is not clear that HUD will have sufficient Section
8 budget authority to meet all its obligations in the current fiscal
year if this rescission is adopted.
Secondly, even if there is not a problem in the current fiscal year,
this rescission takes away over $100 million in budget authority that
could otherwise be used to restore a portion of the billions of dollars
of cuts in housing programs proposed in the Administration's fiscal
year 2002 budget.
The Administration justified these cuts as necessary to offset
technical increases in Section 8 authority. It would be totally
unjustified if the majority party brings a VA-HUD appropriations bill
to the floor next month which cuts housing funding, citing rising
Section 8 costs, while it diverts Section 8 funds today that could be
used to restore those cuts.
I would also like to point out that this bill adopts the
Administration approach to resolving the FHA multi-family loan crisis--
raising premiums which will be passed along in the form of higher rents
to working families, and supplementing that with $40 million in credit
subsidy. While this means that the program will probably be back up
again in 30 days or so, it is the wrong solution to the problem.
First, the FHA shutdown was totally unnecessary. The Administration
should have used the $40 million Congress appropriated last year to
keep the program running. It is unreasonable that the Administration
refused to use that $40 million, but is now requesting a new $40
million. Second, instead of raising premiums, we should have used a
tiny portion of the billions of dollars in annual FHA profits as credit
subsidy to keep the program running, without fee increases.
Finally, I would note that this bill ignores the funding crises in
public housing caused by the huge run-up in utility costs, which have
not been reimbursed under the federal operating subsidy.
In so many ways, this bill is a disservice to the Nation's housing
needs.
Mr. UDALL of Colorado. Mr. Chairman, I regret that I cannot support
this bill today.
I am not saying the bill's provisions are all bad. While I think some
things in it are questionable, it does include some very good things.
For example, it would add $100 million for essential environmental
restoration and waste management at Savannah River, Hanford, and other
sites in the DOE complex and to acquire additional containers for
shipping wastes to the Waste Isolation Pilot Plant. These are important
for Colorado, because our ability to have the Rocky Flats site cleaned
up and closed by 2006 depends on the ability of other
[[Page H3294]]
sites in the complex to play their roles in that process. So, I am very
appreciative that the appropriations committee has responded to these
needs.
Similarly, the additional $300 million for low-income home energy
assistance will enable that important program to provide much needed
assistance this year, even if it will not meet all needs.
And the bill includes other good and important provisions as well.
But for me all the good things in the bill are outweighed by one
glaring omission--the total absence of any funds to pay already-
approved claims under the Radiation Exposure Compensation Act, or
``RECA.''
RECA provides for payments to individuals who contracted certain
cancers and other serious diseases because of exposure to radiation
released during above-ground nuclear weapons tests or as a result of
their exposure to radiation during employment in underground uranium
mines. Some of my constituents are covered by RECA, as are hundreds of
other Coloradans and residents of New Mexico and other states.
Last year, the Congress amended RECA to cover more people and to make
other important modifications. I supported those changes. But there was
one needed change that was not made--we did not make the payments
automatic. Unless and until we make that change, the RECA payments can
only be made when Congress appropriates money for that purpose.
And the undeniable fact is that we in the Congress have not
appropriated enough money to pay everyone who is entitled to be paid
under RECA. As a result, people who should be getting checks are
instead getting letters from the Justice Department.
Those letters--IOUs, you could call them--say that payments must
await further appropriations. What they mean is that we in the Congress
have failed to meet a solemn obligation. We failed to meet it when we
passed the regular appropriations bill for the Justice Department--and
we are failing to meet it again today.
In February, along with other Members, I wrote President Bush about
the problem of RECA payments. I wanted him to be aware of the problem
and hoped that he would ask Congress to promptly provide additional
funds so that people would not have to wait much longer for payments. I
greatly regret that the President did not see fit to make that
request--but I regret even more that the appropriations committee has
not stepped up to the challenge and has not included RECA funds in this
bill.
We need to do better. We should change the law so that future RECA
payments will not depend on annual appropriations, but instead will be
paid automatically in the way that we now have provided for payments
under the new compensation program for certain nuclear-weapons workers
made sick by exposure to radiation, beryllium, and other hazards. I
have joined in sponsoring legislation to make that change.
But right now, today, we need to provide all the funds needed to pay
the claims that have already been approved and all the ones that will
be approved during the rest of the fiscal year. To fail to do that is
to continue what the Denver Post has correctly described as a
``betrayal'' of sick and dying people that is ``disgusting and
dishonorable.''
This bill, as it now stands, would continue that betrayal, and so I
cannot support it.
Mr. YOUNG of Florida. Mr. Chairman, I submit the following tables for
the Record.
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Mr. CROWLEY. Mr. Chairman, I am greatly dismayed to see that
desperately needed earthquake assistance to both India and El Salvador
are missing from this supplemental appropriations bill. We have
shortchanged the many men, women and children who lost their homes,
their belongings, their very livelihoods because of these two
devastating earthquakes.
We all spoke so eloquently in their aftermath but, to date, have
delivered a paltry $13 million from existing funds taken from child
survival programs at US AID for Indian assistance.
This is an embarrassment.
The Gujarati Indians in my district in Queens and the Bronx are
outraged that the U.S. government has done so very little for friends
and family members who are suffering in the aftermath of the January
earthquake after the promises made to them by our government.
Until the people of Gujarat, India and El Salvador are provided the
opportunity to rebuild their lives and their economy, those that were
not lost in the earthquakes of January and February, we should not
relent in our calls for assistance.
This is a humanitarian issue.
This is a political issue.
This is an economic issue.
Today's Asia times notes that India's gross domestic product is
likely to slip below 6 percent in the current fiscal year.
This is attributed, in part, to the significant impact of the
earthquake in Gujarat.
The people of India and El Salvador must have our help.
Mr. Chairman, I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield back the balance of my
time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule and the amendment printed in part A of House
Report 107-102 is adopted.
The amendment printed in part B of the report may be offered only by
a Member designated in the report and only at the appropriate point in
the reading of the bill, shall be considered read, and shall not be
subject to amendment or to a demand for division of the question.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2216
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I
NATIONAL SECURITY MATTERS
CHAPTER 1
DEPARTMENT OF DEFENSE-MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$164,000,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$84,000,000.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I move to strike the last
word.
I thank the ranking member of both the full committee and the
subcommittee and I thank the chairman of the full committee and the
subcommittee. I note that the general debate mentioned issues that are
of great concern to my community in Houston, Texas, and the surrounding
areas. I am pleased that in striking the last word that as this
amendment is being discussed, that I am also able to raise these very
pertinent issues.
Today as we speak, the FEMA Director, the Governor of my State, the
mayor of my city and the county judge are making a second tour and
looking at the disaster designation and the terrible pain and impact of
Tropical Storm Allison that just a few days ago dropped 36 inches of
rain. There is a wide, wide breadth of devastation, from 20,000 homes
and displaced residents to the major shutdown of a nationally renowned
medical center, to universities being inoperable, schools being
inoperable and people out of their homes. I am very disappointed that
we could not find the opportunity to be able to put in a mark for
Houston or an increased supplemental for FEMA. I am grateful to the
Committee on Appropriations for taking note of the devastation in
Houston, and I look forward to working with them as we progress.
I would simply say that there is an amendment being put forward that
I would be inclined to support. It seems that it is adding back the
$389 million to FEMA, if I am correct, but it represents a major
across-the-board cut, almost to the extent of asking us to sacrifice
many, many national needs for the pain and suffering of Houston.
I have in the RECORD three amendments that I hope to clarify the
point of order and may have the opportunity to submit, and, that is, a
$50 million increase to FEMA as well as a restoration of the Highway
Trust Fund because our roads are in devastation, and additionally one
that deals with India disaster.
Mr. Chairman, I am here to say that I appreciate the sensitivity of
my colleagues. Many of them have asked about Houston. I appreciate the
sensitivity of the Committee on Appropriations, recognizing that we
have this terrible, disastrous impact. I would ask that as we proceed
in the amendment process, that my amendments may be considered if the
point of order has been lifted, but otherwise that we continue to work
together so that the community that I represent and surrounding areas
along with my colleagues from Texas can have true rehabilitation to be
able to get back on their feet.
I thank the Members very much. I thank the gentleman from
Pennsylvania (Mr. Murtha) for the opportunity, the gentleman from
Florida (Mr. Young), the gentleman from California (Mr. Lewis), and the
gentleman from Wisconsin (Mr. Obey) for allowing me to discuss this
very important, devastating impact on Houston and the surrounding
areas.
Mr. NUSSLE. Mr. Chairman, I move to strike the last word.
(Mr. NUSSLE asked and was given permission to revise and extend his
remarks.)
Mr. NUSSLE. Mr. Chairman, I rise in support of H.R. 2216, a bill
providing supplemental appropriations for fiscal year 2001. As the
chairman of the Committee on the Budget, I would advise my colleagues
that this bill is within the levels established by the budget
resolution and complies with the Congressional Budget Act.
H.R. 2216 provides for a net increase in budget authority of $6.5
billion. This amount reflects appropriations of $7.9 billion in new
budget authority and a rescission of $1.4 billion. The vast majority of
the appropriations provided by this bill is related to national
defense.
The Concurrent Resolution on the Budget for Fiscal Year 2002, H. Con.
Res. 83, revised the 302(a) allocations to the Committee on
Appropriations for fiscal year 2001 to accommodate this supplemental
appropriations bill, providing up to $6.5 billion in nonemergency
supplemental appropriations.
The bill is within the revised 302(b) allocations to the Committee on
Appropriations established by the budget resolution and therefore
complies with section 302(f) of the Congressional Budget Act.
{time} 1515
This bill deserves our support. The Committee on Appropriations
deserves our commendations for meeting our defense and domestic needs
while staying within the levels agreed to by the Congress as part of
the budget resolution. I compliment the chairman and the committee on
doing so and I rise, as I say, in support of this H.R. 2216.
Mrs. ROUKEMA. Mr. Chairman, I move to strike the last word.
(Mrs. ROUKEMA asked and was given permission to revise and extend her
remarks.)
Mrs. ROUKEMA. Mr. Chairman, as the Chair of the Subcommittee on
Housing and Community Opportunity, I want to speak out on the work that
is included here, the $40 million in credit subsidy for FHA multifamily
loan guarantee program in this supplemental. It certainly is absolutely
necessary, and I want to thank the committee for its insightfulness and
for its leadership here in including it.
[[Page H3302]]
Now with this $40 million credit subsidy, HUD will be able to resume
lending under the FHA multifamily housing insurance program; and it
will allow us, the Congress, the committee and the full Congress, the
time necessary to determine a solution to future funding and operation
of this program. It does need reform, and we have to deal with it in
the future in a realistic way.
I will not take up any more of the time here, except to say that I
look forward to working with Secretary Martinez. He and I have
discussed this. We have gone into some depth about it; and I know that
they, they being the Department and Secretary Martinez, have recently
issued an interim rule to increase the mortgage insurance premium on
this program by 30 basis points. Whether or not this will be the final
way to deal with it, we are not quite sure; but we have committed to
working together on a bipartisan basis.
I want to commend the President and the committee for including $40
million in credit subsidy for the FHA Multifamily loan guarantee
program in the Supplemental Appropriations for FY 2001.
Providing this $40 million in credit subsidy now will allow HUD to
resume lending under the FHA Multifamily insurance program and allow us
the time necessary to determine a solution to future funding and
operation of this program. Congress anticipated the need for this
additional $40 million in credit subsidy last year when it was included
as part of the Legislative Branch Appropriations Act which passed the
House on December 21, 2000.
On May 17, I joined with my Ranking Minority Member on the Housing
Subcommittee in asking the Secretary to release the $40 million
approved by the House last year, so I am particularly pleased to see
the $40 million in this legislation today.
This country is facing a growing affordable housing crisis for low-
and moderate-income families. Despite the fact that more and more
people are sharing in the American dream of home-ownership, many
working families are finding it more difficult to find affordable
rental housing. It is estimated that $3.5 billion in federally backed
loans to build 51,289 affordable rental apartments are in jeopardy
unless we take steps to address the current shutdown of this program.
This translates into lost construction jobs, unbuilt rental housing
units and a significant economic impact which could ripple across the
country.
I am anxious to work with Secretary Martinez and the members of this
Committee to determine a long-term funding solution for this program. I
know that HUD has recently issued an interim rule to increase the
Mortgage Insurance Premium on this program by 30 basis points. The goal
of this increase in premium is to provide the funding necessary for
this program in the future. It is my understanding that this interim
rule will take effect when published and will provide the funds
necessary to keep the program running for the remainder of fiscal year
2001 and into 2002. However, this rule is not final and there will be
an opportunity for comments and changes to this interim rule if deemed
necessary.
While I am anxious to take steps to provide a permanent funding
source for this program, I want to make sure that the 30 basis point
increase is the appropriate action. In addition, I believe it is
important to review the calculations used by OMB in determining the
level of credit subsidy necessary for a program like this that appears
to have a very low default rate. For this reason, I will be asking OMB
to rationalize how it assess the risk of this program to the
government.
Mr. YOUNG of Florida. Mr. Chairman, I have a unanimous consent
request that has been worked out with the minority, and it has to do
with amendments that are subject to a point of order. We are more than
willing to allow some debate on those amendments before they are either
withdrawn or the point of order pressed.
Mr. Chairman, I ask unanimous consent that debate on the following
specified amendments to the bill, and any amendments thereto, be
limited to the time specified, equally divided and controlled by the
proponent and myself:
Number 1, an amendment to be offered by the gentlewoman from
California (Ms. Pelosi) regarding energy price caps for 30 minutes;
Number 2, an amendment to be offered by the gentleman from California
(Mr. Farr) regarding the national power grid for 20 minutes;
Number 3, an amendment to be offered by the gentlewoman from
Connecticut (Ms. DeLauro) relating to LIHEAP for 20 minutes;
Number 4, an amendment to be offered by the gentleman from Indiana
(Mr. Visclosky) relating to dams and hydroelectric power for 20
minutes;
Number 5, an amendment to be offered by the gentleman from Texas (Mr.
Bentsen) relating to FEMA for 20 minutes; and
Number 6, an amendment to be offered by the gentleman from Missouri
(Mr. Skelton) relating to funding for the Department of Defense for 20
minutes; and
that such debate may occur pending the reservation of a point of
order on each amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
Mr. KUCINICH. Reserving the right to object, Mr. Chairman, I would
like to ask the gentleman from Florida (Chairman Young) a question.
Mr. Chairman, would the gentleman from Florida (Mr. Young) read the
two bills that were energy related, the two amendments that were energy
related, one by the gentlewoman from California (Ms. Pelosi) and the
other one by the gentleman from Oregon (Mr. DeFazio).
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. DeFAZIO. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I thought we had one by the
gentlewoman from California (Ms. Pelosi), one by the gentleman from
California (Mr. Farr), and LIHEAP I would think would be considered an
energy issue; the Visclosky amendment relating to dams and
hydroelectric is certainly energy related.
Mr. KUCINICH. The one on price caps, is that offered by the
gentlewoman from California (Ms. Pelosi)?
Mr. YOUNG of Florida. The Pelosi amendment, yes, regarding energy
price caps.
Mr. KUCINICH. I was not here earlier, but does the gentlewoman from
California (Ms. Pelosi) agree to that limitation?
Mr. YOUNG of Florida. Yes. The point is that these would be subject
to a point of order and there could be no debate if we raised the point
of order.
Mr. KUCINICH. I understand.
Mr. YOUNG of Florida. So in our spirit of generosity, bipartisanship
and comradeship, we are prepared to allow the debate; and then I expect
that the amendments would either be withdrawn or the point of order
would be pressed.
Mr. KUCINICH. Indeed, the gentleman is a gentleman.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there an objection to the request of the gentleman
from Florida?
There was no objection.
Mr. WALDEN of Oregon. Mr. Chairman, I move to strike the last word.
Mr. Chairman, first I want to thank the chairman of the full
committee for his assistance and that of the administration for
providing upwards of $20 million in disaster relief in this
supplemental for the people, the ranchers of Klamath Falls, Oregon, in
the Klamath Basin, that includes also over into California. This aid is
extraordinarily important.
Saturday, the House Committee on Resources held a hearing in Klamath
Falls that had to be moved to the fairgrounds because more than 2,000
people affected by this cutoff of the water turned out to hear what the
Federal Government was doing.
Mr. Chairman, as we have discussed, I greatly appreciate all the
efforts of the chairman and that of his staff to expedite the delivery
of those funds in the form of grants to the farmers that are so
affected. As we have talked, however, this is literally a drop in the
bucket in terms of the disaster magnitude there. Upwards of $200
million is what they estimate will be the problem.
I wondered, Mr. Chairman, if it might be possible, recognizing this
will not be the only vehicle going through this session of Congress,
but if possible we could work to increase that disaster aid to these
people whose fields are drying out and they are getting foreclosure
notices today.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. WALDEN of Oregon. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman from Oregon
(Mr. Walden) for his comments. On page 18 of the committee report, the
[[Page H3303]]
gentleman is aware of the language that we put in the report that he
had requested; but we are more than willing to cooperate the best we
can within whatever budgetary constraint that exists at the time to
deal with the gentleman's issues and would like to assure him of that
and thank him very much for having discussed this with us well in
advance and he gave us an opportunity to actually provide the language
that he requested in the report.
Mr. WALDEN of Oregon. Mr. Chairman, I thank the gentleman from
Florida (Mr. Young) for his consideration. I appreciate, again, the
work of his staff and himself and the other committee members for
recognizing the extraordinary loss that is occurring here and the
dramatic situation we are engaged in.
Mr. WATKINS of Oklahoma. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I would like to engage the gentleman from Florida (Mr.
Young) in a colloquy. I know the gentleman has gone through a
tremendous amount of work, his staff and everyone else, trying to meet
the emergencies and the disasters and all the problems that we have had
in this country this past year. As the gentleman knows from our earlier
discussion, a devastating, once-in-a-lifetime ice storm struck
southeast Oklahoma, the northeast part of Texas, Arkansas, northern
Louisiana on Christmas Day 2000. Approximately $115 million was
included in this bill to address the emergency funding needs of the
Army Corps of Engineers.
Within this $115 million, may I inquire, does this include
approximately the $10 million necessary to restore the Tulsa District
of the Corps of Engineers to the levels of operations prior to the
December ice storm?
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. WATKINS of Oklahoma. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I would like to say, yes, the
gentlemen is accurate. Approximately $10 million is included within
emergency funding for the Tulsa District of the Army Corps of Engineers
as aid to combat damages suffered in last winter's ice storm. I would
like to add that I really appreciate the gentleman's very persuasive
presentation to the committee; and because of that, we did include the
$10 million to deal with that issue.
Mr. WATKINS of Oklahoma. Mr. Chairman, I thank the gentleman very
much. The Army Corps of Engineers lands and the project areas within
the third district of Oklahoma sustained at least $6 million in
damages, and I am grateful to the committee for providing funds to
address this emergency need. Like I say, it was a once-in-a-lifetime
ice storm throughout the Tulsa District of the Corps of Engineers.
Mr. Chairman, I again want to thank the gentleman from Florida (Mr.
Young) from the depths of my heart. He and this committee and the staff
have done an excellent job of working this, and I support him fully in
this effort.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $69,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $119,500,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$52,000,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $8,500,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $6,000,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $12,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $659,600,000: Provided, That of the funds made
available under this heading, $6,800,000 shall remain
available for obligation until September 30, 2002.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $948,100,000: Provided, That of the funds made
available under this heading, $7,200,000 shall remain
available for obligation until September 30, 2002.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $54,400,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $840,000,000: Provided, That of the funds made
available under this heading, $3,000,000 shall remain
available for obligation until September 30, 2002.
Amendment No. 1 Offered by Mr. DeFazio
Mr. DeFAZIO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. DeFazio:
In chapter 1 of title I, in the paragraph under the heading
``Operation and Maintenance, Air Force'', after the aggregate
dollar amount, insert the following: ``(reduced by
$24,500,000)''.
Mr. DeFAZIO. Mr. Chairman, like many of my colleagues, I am concerned
about the readiness of our Nation's military and the quality of life
for our men and women in uniform. So of this long list just read, I
have no objections; but I do have an objection to something that is
buried deep within line 23 of this bill.
As John Donnelly, who I had to find out about this from the private
sector, exposed in a recent ``Defense Week'' article, hidden in this
line item under ``contractor logistic support'' is $24.5 million for a
fleet of luxury jets for generals and admirals.
We know there is a very large fleet. In fact, the GAO, through two
reports since 1994, has criticized the size of the fleet for far
exceeding the wartime requirements, let alone the peacetime
requirements, of the generals and admirals at the Pentagon; excessively
expensive and excessively large.
Last year, over the objections of the civilians at the Pentagon, a
number of generals and admirals requested, and Congress delivered,
behind closed doors, eight new jets, 737s, and the special long-range
Gulf Streams.
That was just last year. Now suddenly this money is specifically for
the eight new jets, not for some of the aging huge fleet the GAO says
should be downsized. Perhaps if they did that, they would have the
money to maintain the eight new luxury jets for the generals, but this
$24.5 million is a specified earmark for the new jets that the Pentagon
civilians did not request to add to a fleet that the GAO says is
excessively large.
I do not understand how it could cost that much money for new planes,
particularly for the few months remaining in this year. I would assume
this is not an emergency, unless they do not have money to stock the
wet bars or something is wrong in the luxury galleys and they have to
upgrade to Jennaire or something like that.
I am not quite sure why it is we suddenly need $24.5 million for
eight generals and admirals' luxury jets that the Pentagon civilians
did not even ask for, that Congress gave them. If they do not have
enough money in this special fleet budget, then they should retire some
of the aging high-cost aircraft that the GAO says are superfluous to
the wartime needs, let alone the peacetime needs. I am not aware that
we are currently at war anywhere in the world, although we certainly do
have some extensive deployments overseas, of which I have been
critical.
This line item is not an emergency. There are dozens of things in
this bill on which the money could be better spent or if we chose not
to spend the money we could save it to help bolster up our quickly
shrinking surplus so we can move through the regular appropriations
process here in the House of Representatives, without slashing domestic
programs and things that the American people want to see funded.
So I suggest to my colleagues strongly that in a budget of $300
billion the Pentagon can find $24.5 million for these new luxury jets
to outfit them or do whatever else is necessary, or maybe they are
going to wait until next year to use them and ask for the money in
their regular budget, or maybe they need to retire some obsolete
aircraft from this oversized fleet.
One way or another, this is an expenditure that should not go
forward, particularly stealth, an amendment hidden deep in the bill and
only discovered by one very diligent reporter who ferreted this out and
got some folks at the Pentagon to fess up.
[[Page H3304]]
{time} 1530
Mr. Chairman, I would urge strongly that my colleagues support this
amendment.
Mr. LEWIS of California. Mr. Chairman, I rise in opposition to the
amendment.
Mr. Chairman, it is a relatively simple matter to stand and oppose
new airplanes that one can designate as ``airplanes purchased for
generals'' and describe them as ``luxury jets.''
The reality is that we do have a number of aircraft purchased over a
number of years that are used by the leaders of all the forces within
the Department of Defense and the individual branches. In this case,
over the last several years we tried to replace several of those older
aircraft. Some of them are as old as 40 years of age. The new aircraft
that have been put in as replacements are smaller, they are modern,
they are commercial, they allow the senior military leaders within the
branches to carry out their very serious responsibilities in providing
leadership for our national defense systems.
The Air Force budgeted $6 million in fiscal year 2001 of the
President's budget for the C-37A provided for in the Fiscal Year 1999
appropriations. However, total operating costs for that C-37A have
exceeded estimates, plus start-up costs for a number of other aircraft
put us in a position where the total cost involved for this fiscal year
is some $30.5 million. The military had already budgeted some $6
million, leaving us with a shortfall of $24.5 million.
If we were to cancel that funding, essentially we would have new
aircraft in place, but no way to effectively use them in the fashion
they were designed to be used in the first place.
This appropriation was considered and passed by the Congress in the
past. I urge the Members to recognize the reality of this need among
the leadership of the branches and urge a ``no'' vote on the amendment.
Mr. MURTHA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in opposition to the amendment. I was the one
that personally offered the amendment in subcommittee for both these
airplanes. I talked to the CINC Central Command who has responsibility
for Saudi Arabia, who was flying in an airplane where he had no
communications. This is a battlefield commander in a sense. He had no
communications at all, he had an antiquated 40-year-old airplane, and
he could not take his entire staff to make his decisions.
General Zinni happened to be the CINC at that time. He convinced me,
I convinced the subcommittee, and we have, as the chairman just said,
two airplanes in place and we need the logistics systems to support
those two airplanes. So it would be a mistake, in my estimation, to cut
this money, and I would oppose this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Oregon (Mr. DeFazio).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Oregon (Mr. DeFazio)
will be postponed.
Mr. ISTOOK. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise to engage in a colloquy with the distinguished
chairman of the Committee on Appropriations, also with my colleague,
the ranking member of the Subcommittee on Treasury, Postal Service and
General Government, and the gentleman from Utah, who is a
representative of the host State of the 2002 Winter Olympics.
Mr. Chairman, the Winter Olympics of 2002 have been designated as a
National Special Security Event. That designation was made in August of
1999. Under Presidential Decision Directive 62, and now in statute
under Title 18, Section 3056 of the United States Code, the United
States Secret Service now has responsibility for planning security and
operations for the entire event and the venues of the Winter Olympics
to be held in Utah in 2002. In addition, the Secret Service has to
concurrently provide for their traditional missions of protection and
investigation.
Although almost 2 years has passed, Mr. Chairman, since the
designation of this as a National Special Security Event, the
President's submitted budget for Fiscal Year 2002 did not include
necessary funding set aside for the planning of security and operations
of the Treasury law enforcement for the 2002 Winter Olympics, in
particular, the Secret Service, as well as related agencies.
In contrast, Mr. Chairman, as you know, the original Fiscal Year 2002
budget did include funding for security-related requirements of other
Federal agencies, such as the FBI and the Federal Emergency Management
Administration.
I am pleased that the supplemental request sent by the President for
2002 does fund the requirements to meet the security at the Olympics of
Treasury law enforcement and, in particular, the United States Secret
Service. However, Mr. Chairman, as you know and we have discussed, the
committee in this particular bill has not provided that funding,
although it was part of the President's request.
This colloquy is for the purpose of explaining why, less it be
misunderstood. Quite simply, the money is not needed in the current
fiscal year, which ends September 30. The funds will be required to
cover activities that take place during the time period shortly before
and during the Olympics in February of 2002. So what I wish to make
clear, Mr. Chairman, is that certainly as chairman of the relevant
subcommittee for providing this funding, I fully support the
President's request to provide the funds for security at the Winter
Olympics, and I want to affirm my intention to include the full
necessary amount in the regular appropriation bill for fiscal year
2002.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. ISTOOK. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, I thank the chairman for yielding, and I
want to join him, my colleague from Oklahoma, in underscoring the
importance of the funding for the security of the 2002 Winter Olympic
games. This primary component of our public safety and anti-terrorism
policy is essential to uphold public confidence and to ensure that no
situation ever develops that would require the services of the FBI or
FEMA.
My friend the gentleman from Utah (Mr. Matheson) has been talking to
me about this, and I know that you, Mr. Chairman, as well as the
gentleman from Utah (Mr. Hansen), who will be next speaking, have
expressed great concern about this issue. I share that. I will continue
to work with the gentleman from Oklahoma (Chairman Istook) and the
gentleman from Florida (Chairman Young) to see that this funding is
provided in a timely fashion.
Mr. HANSEN. Mr. Chairman, will the gentleman yield?
Mr. ISTOOK. I yield to the gentleman from Utah.
Mr. HANSEN. Mr. Chairman, I am pleased to strongly support the
funding of the security planning and operations of the 2002 Winter
Olympics in my home State of Utah. This funding is essential to ensure
that the 2002 Winter Olympic games in Salt Lake City are conducted in
safety and openness. I agree that this funding should be included in
Fiscal Year 2002 appropriations.
Mr. MATHESON. Mr. Chairman, will the gentleman yield?
Mr. ISTOOK. I yield to the gentleman from Utah.
Mr. MATHESON. Mr. Chairman, I am glad to voice my continued
enthusiastic support of this vital program to plan for and implement
security operations in our State as we welcome the world to the 2002
Winter Olympic games in Salt Lake City. I greatly appreciate the
commitment of the gentleman from Florida (Chairman Young), the
gentleman from Oklahoma (Mr. Istook) and the ranking member, the
gentleman from Maryland (Mr. Hoyer), to ensure this effort is funded in
a timely fashion.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. ISTOOK. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman for
recognizing the need for funding the Secret Service, their security,
planning and operations role at the 2002 Winter Olympics. I add my
voice to the gentlemen from Oklahoma, Maryland and
[[Page H3305]]
Utah in supporting this funding, and also recommend that it be included
in the Fiscal Year 2002 appropriations bills.
The CHAIRMAN. The time of the gentleman from Oklahoma (Mr. Istook)
has expired.
(By unanimous consent, Mr. Istook was allowed to proceed for 1
additional minute.)
Mr. YOUNG of Florida. Mr. Chairman, if the gentleman will yield
further, I would like to note the spending allocation provided to the
Subcommittee on Treasury, Postal Service and General Government, which
the gentleman chairs, for fiscal year 2002 assumes full funding of the
upcoming Winter Olympics.
Mr. ISTOOK. Mr. Chairman, reclaiming my time, I thank the chairman
very much, and I appreciate the opportunity through the colloquy to
assure everyone involved that full necessary funding for security at
the Olympics is forthcoming, as this is certainly a major event
attracting so many thousands of people from throughout the world. I
thank the chairman for providing the assurances and add my own that we
will make sure that these needs are fully met to provide that security.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $123,100,000.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $20,500,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $12,500,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $1,900,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $34,000,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $38,900,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $119,300,000.
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$3,000,000.
Shipbuilding and Conversion, Navy
(including transfer of funds)
For an additional amount for ``Shipbuilding and Conversion,
Navy'', $222,000,000, to remain available until September 30,
2001: Provided, That upon enactment of this Act, the
Secretary of Defense shall transfer such funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with
and shall be available for the same purposes and for the same
time period as the appropriation to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1995/2001'':
Carrier Replacement Program, $84,000,000;
DDG-51 Destroyer Program, $300,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2001'':
DDG-51 Destroyer Program, $14,600,000;
LPD-17 Amphibious Transport Dock Ship Program, $65,000,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1997/2001'':
DDG-51 Destroyer Program, $12,600,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2001'':
NSSN Program, $32,000,000;
DDG-51 Destroyer Program, $13,500,000.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $84,000,000.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $15,500,000.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $73,000,000.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $85,400,000.
Mr. SANDLIN. Mr. Speaker, I move to strike the last word.
Mr. Speaker, I would like to enter into a brief colloquy with the
chairman.
Mr. Chairman, I am pleased that the committee has included assistance
for damages incurred by severe southern ice storms last winter. On
January 8, 2001, President Clinton issued a major disaster declaration
for the State of Texas due to the severity and magnitude of the damage
caused by the ice storms. In Texas alone, the United States Department
of Agriculture and the Texas Forest Service assessed damages to over
70,000 acres of non-industrialized private forestland with an estimated
economic impact of over $46 million.
I want to clarify that the committee recognizes that Texas private
and public landowners incurred substantial damage resulting from the
ice storms of December 12 to January 8, 2001.
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. SANDLIN. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, the Committee on Appropriations
does recognize the impact of last winter's ice storms to private and
public landowners in Texas.
Mr. SANDLIN. Mr. Chairman, reclaiming my time, I also want to clarify
that the $10 million provided for the U.S. Forest Service, State and
private forestry account for emergency activities associated with the
ice storm damages includes the States of Arkansas, Oklahoma and Texas.
Additionally, I wish to inquire if the omission of the State of Texas
from this section of the bill was merely inadvertent?
Mr. YOUNG of Florida. Mr. Chairman, if the gentleman will yield
further, I would say that it was inadvertent. The committee agrees that
the States of Texas, Oklahoma and Arkansas should be eligible for State
and private forestry funds contained in this bill. The committee will
work with the gentleman from Texas to modify the bill accordingly in a
conference between the House and the Senate.
Mr. SANDLIN. Mr. Chairman, I want to thank the gentleman for his
leadership and diligence in bringing this bill to the floor. I
appreciate the gentleman working on this matter.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$5,800,000.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $5,000,000.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $151,000,000.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $275,500,000.
Amendment No. 2 Offered by Mr. Kucinich
Mr. KUCINICH. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Kucinich:
In chapter 1 of title I, in the paragraph under the heading
``Research, Development, Test and Evaluation, Air Force'',
after the aggregate dollar amount, insert the following:
``(reduced by $55,000,000)''.
Mr. KUCINICH. Mr. Chairman, the Air Force's Airborne Laser Program,
ABL, seeks to put a laser on a Boeing 747 jet in order to shoot down
ballistic missiles. In January 2001 the Air Force claimed the Airborne
Laser Program needed $98 million in supplemental appropriations.
{time} 1545
This amount is $55 million less than the $153 million currently
requested in this supplemental bill.
There have been various congressional requests to the Air Force for
an explanation of the extra funding. The Air Force has not provided
Congress with a comprehensive answer. According to Air Force officials
quoted in the press, some of the money will be used for spares and
other equipment to help reduce risk for the overall program and keep it
on schedule for its 2003 missile intercept test.
But this 2003 deadline is arbitrary. Moreover, various officials have
expressed concern with the ABL's testing
[[Page H3306]]
program. Last year, the Pentagon's chief tester concluded that the
airborne laser program, testing program, is alarmingly short, allows
for no technical problems, and ``cannot all physically be accomplished
in the time allotted.'' That is the chief tester.
The GAO has stated that an airborne laser design more realistic than
the current model ``may not be achievable using current state-of-the-
art technology.'' By appropriating the ABL program $55 million more
than the Air Force requested, we are helping to accelerate a flawed
testing program.
Appropriating $153 million for the airborne laser in the supplemental
does not represent good government, it does not represent smart
budgeting, and it may not represent common sense. A full $153 million
supplemental appropriation would represent a 65 percent increase over
the ABL's 2001 budget of $234 million.
The airborne laser has already received an additional $85 million
above the administration's request in the 2001 fiscal year defense
appropriations bill, so we are already funding the Air Force's airborne
laser program at levels above those requested by the executive branch,
and now we are prepared to grant this program's budget a massive
midyear increase.
If this additional funding is truly necessary, why not include it in
the fiscal year 2002 budget? Including the money in the supplemental
only makes the money available a few months earlier than it would be if
included in the fiscal year 2002 budget.
Mr. Chairman, this extra $55 million for the airborne laser program
will do nothing to provide adequate housing for our servicemen and
women, it will do nothing to provide them health care, it will not
increase their salaries or benefits. Not a penny of this money will be
used for the benefit of the men and women who sacrifice so much to
serve their country, and whose needs are not being fully met.
I think it is time for this House of Representatives to begin a new
debate over what our defense priorities are. I think it is time that we
began to put more money into our basic defense, into our Air Force,
into our Navy, into our servicemen and women to see that they are well
paid, to make sure they have good housing, decent health care.
That ought to be what describes America's defense, not pouring money
into technology which does not work, which cannot work, which throws
money away, while the men and women who serve this country are left
wanting.
This is a good time to start this debate, and this is a good moment
for this Congress to start making a statement about where it stands
with our servicemen and servicewomen who have to go begging for help
while we pour money into these crazy technological missile programs
that feeds a missile mania that cannot be described or countenanced
anywhere in this world except somewhere in the Department of Defense.
Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, the airborne laser integrates a high power laser on a
Boeing 747 aircraft. It is designed to protect our deployed troops from
the threat of theater ballistic missiles. The Pentagon requested $153
million to address program shortfalls. The amendment reduces that
request by $55 million, leaving an increase of $98 million.
It is true that in the January time frame this year, the Air Force
estimated the airborne laser shortfall to be at $98 million. Thirty-
four million was part of cost growth, $64 million rephase efforts
originally planned for out years.
Since January, the Air Force has identified two additional areas of
increased cost which total $55 million as follows: $30 million
additional cost growth for the loss of suppliers, technical
complexities, et cetera; $25 million additional spares to reduce
testing risks.
We have scrutinized these additional costs carefully and have
determined that they are necessary to keep the program on track.
Failure to fund the additional cost growth could force the contractor
to stop work on the program. Failure to fund the additional spares will
likely lead to inefficient schedule disruptions that will increase
costs further.
The airborne laser already has a very tight schedule for a 2003
lethal demonstration against a theater missile. This is an important
program required to protect our troops from weapons of mass
destruction. I strongly encourage the Members to vote no on this
amendment.
Mr. DICKS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in opposition to the amendment. The airborne
laser integrates a high-powered laser on a Boeing 747 aircraft. It is
designed to protect our deployed troops from the threat of theater
ballistic missiles.
The Pentagon requested $153 million to address program shortfalls.
The amendment reduces this request by $55 million, leaving an increase
of $98 million.
It is true that in the January time frame, the Air Force estimated
the airborn laser shortfall only to be $98.5 million, but subsequent to
that, as the chairman has pointed out, they have identified two
additional areas that need $55 million.
The committee has carefully scrutinized this request, and we believe
that the failure to fund the additional cost growth would force the
contractor to stop work on the program. Failure to fund the additional
spares will likely lead to inefficient schedule disruptions that will
increase costs further.
Most importantly, we are pushing to get a real test in 2003 for this
program. If we do not fund this supplemental request, that question of
being able to get the test to see if this will work to protect our
troops when they are deployed in the field will be jeopardized.
I would just say to my colleagues, we may have a lot of debate here
in Congress about national missile defense, but I think there is
bipartisan consensus that we need theater missile defense in order to
protect our deployed troops.
We can give somebody a check, we can take care of their health care,
we can take care of their pension, but we also have to take care of
protecting their life. What we are talking about here is a system that,
if it works as advertised, will protect the lives of young men and
women when they are deployed abroad.
I urge a no vote on this amendment.
Mr. TIAHRT. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong opposition to the amendment offered by
the gentleman from Ohio (Mr. Kucinich). I think it is very important
that we know that this reduction would jeopardize all the efforts the
Air Force has been putting into play to create an airborne laser
program aimed at protecting our troops and interests around the globe.
There are four good points I want to make about why this should be
opposed.
Number one, the technology is currently available. It works in the
lab. We simply need to complete the project of mounting it on a 747.
The technology is there and it works.
Second, this threat is a very real threat. If we just go back 10
years to the Gulf War, the greatest numbers of casualties for our young
men and women over in the Gulf area came from a missile that this
system is designed to eliminate, a Scud missile that fell on our
troops.
Thirdly, the funding for this program, if it is cut, provides an
unnecessary delay. It also raises the cost of the program that is
inevitable anyway, and it will put in place a stop work situation where
contractors will have to literally stop work on this program, send
their talent off to other projects, which will make it very difficult
to get them back, again resulting in schedule delays and cost delays
that are unnecessary.
The fourth thing I think is a more personal note. We ask our young
men and women to volunteer to serve our country, to provide for the
need that we have as a nation in projecting power. When they do this,
they are putting themselves at risk. What we want to do is to make sure
that they return home safe and sound to their families. They are
volunteers. They are doing our bidding. We must provide them a safe way
to get home. This will protect them when they are in a situation of
risk.
So Mr. Chairman, it does not have to be this way, with a longer
program of higher cost. We are now less than 2
[[Page H3307]]
years away from having this speed-of-light theater missile system in
place. Congress has the responsibility to field this important system
as soon as possible.
The gentleman from Ohio said that this would only delay funding a few
months if we push it over to 02. It will stop the program and probably
result in a 6-month delay, driving up the costs significantly.
He made a statement that it cannot work. I want to emphasize it has
worked in the lab and it will work on the airplane. It is not a crazy
missile program, as the gentleman from Ohio stated, it is a commonsense
approach to protecting our young men and women who put themselves at
risk.
Mr. Chairman, I think there is no doubt that the Kucinich amendment
will result in unnecessary delays. I would urge my colleagues to oppose
it.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Kucinich).
The amendment was rejected.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $94,100,000.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $178,400,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,453,400,000 for Operation and maintenance: Provided, That
such funds may be used to cover increases in TRICARE contract
costs associated with the provision of health care services
to eligible beneficiaries of all the uniformed services.
For an additional amount for ``Defense Health Program'',
$200,000,000 for Operation and maintenance, to remain
available until expended, only for the use of the Army, Navy,
and Air Force Surgeons General to improve the quality of care
provided at military treatment facilities, of which
$50,000,000 shall be available only to optimize health care
services at Army military treatment facilities, $50,000,000
shall be available only to optimize health care services at
Navy military treatment facilities, $50,000,000 shall be
available only to optimize health care services at Air Force
military treatment facilities, and $50,000,000 shall be
available only to finance advances in medical practices to be
equally divided between the services and to be administered
solely by the Surgeons General: Provided, That none of the
funds provided in this paragraph may be made available for
optimization projects or activities unless the Surgeon
General of the respective service determines that: (1) such
project or activity shall be self-financing within not more
than three years of its initiation after which time the
project or activity will require no net increase in Defense
Health Program funds, or (2) that such project or activity is
necessary to address a serious health care deficiency at a
military treatment facility that could threaten health care
outcomes: Provided further, That none of the funds provided
in this paragraph may be made available to a service unless
the Secretary of Defense certifies to the congressional
defense committees that all projects or activities to be
financed by that service with said funds will be continued
and adequately financed in the Department of Defense six year
budget plan known as the Program Objective Memorandum.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $1,900,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1101. Except as otherwise specifically provided in
this Act, amounts provided to the Department of Defense under
each of the headings in this chapter shall be available for
the same period as the amounts appropriated under each such
heading in the Department of Defense Appropriations Act, 2001
(Public Law 106-259).
Sec. 1102. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
(including transfer of funds)
Sec. 1103. In addition to the amount appropriated in
section 308 of Division A, Miscellaneous Appropriations Act,
2001, as enacted by section 1(a)(4) of Public Law 106-554
(114 Stat. 2763A-181 and 182), $44,000,000 is hereby
appropriated for ``Operation and Maintenance, Navy'', to
remain available until expended: Provided, That such amount,
and the amount previously appropriated in section 308, shall
be for costs associated with the stabilization, return,
refitting, necessary force protection upgrades, and repair of
the U.S.S. COLE, including any costs previously incurred for
such purposes: Provided further, That the Secretary of
Defense may transfer these funds to appropriations accounts
for procurement: Provided further, That the funds transferred
shall be merged with and shall be available for the same
purposes and for the same time period as the appropriations
to which transferred: Provided further, That the transfer
authority provided herein is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the entire amount made available in
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
(rescissions)
Sec. 1104. Of the funds made available in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded, from the following accounts in the specified
amounts:
``Procurement, Marine Corps, 2000/2002'', $3,000,000;
``Overseas Contingency Operations Transfer Fund, 2001'',
$81,000,000;
``Aircraft Procurement, Navy 2001/2003'', $330,000,000;
``Procurement, Marine Corps, 2001/2003'', $5,000,000;
``Aircraft Procurement, Air Force, 2001/2003'',
$260,000,000;
``Other Procurement, Air Force, 2001/2003'', $65,000,000;
``Procurement, Defense-Wide, 2001/2003'', $85,000,000; and
``Intelligence Community Management Account, 2001'',
$5,000,000.
Sec. 1105. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense Appropriations Act,
2001 (Public Law 106-259), $39,900,000 is hereby appropriated
to the Department of Defense, for facilities repair and
damages resulting from natural disasters, as follows:
``Operation and Maintenance, Army'', $6,500,000;
``Operation and Maintenance, Navy'', $23,000,000;
``Operation and Maintenance, Air Force'', $8,000,000;
``Operation and Maintenance, Army Reserve'', $200,000;
``Operation and Maintenance, Air Force Reserve'', $200,000;
``Operation and Maintenance, Army National Guard'',
$400,000;
``Operation and Maintenance, Air National Guard'',
$400,000; and
``Defense Health Program'', $1,200,000:
Provided, That the entire amount made available in this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Sec. 1106. The authority to purchase or receive services
under the demonstration project authorized by section 816 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337) may be exercised through January 31,
2002, notwithstanding subsection (c) of that section.
Amendment Offered by Mr. Skelton
Mr. SKELTON. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Skelton:
At the end of chapter 1 of title I (page 13, after line 4),
insert the following new section:
Sec. 1107. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense Appropriations Act,
2001 (Public Law 106-259), $2,736,100,000 is hereby
appropriated to the Department of Defense, as follows:
``Military Personnel, Army'', $30,000,000;
``Military Personnel, Navy'', $10,000,000;
``Military Personnel, Air Force'', $332,500,000;
``Reserve Personnel, Army'', $30,000,000;
``Operation and Maintenance, Army'', $916,400,000;
``Operation and Maintenance, Navy'', $514,500,000;
``Operation and Maintenance, Marine Corps'', $295,700,000;
``Operation and Maintenance, Air Force'', $59,600,000;
``Operation and Maintenance, Defense-Wide'', $9,000,000;
``Operation and Maintenance, Army Reserve'', $30,000,000;
``Operation and Maintenance, Army National Guard'',
$106,000,000;
``Aircraft Procurement, Army'', $50,000,000;
``Procurement of Weapons and Tracked Vehicles, Army'',
$10,000,000.
``Procurement of Ammunition, Army'', $14,000,000;
``Other Procurement, Army'', $40,000,000;
``Aircraft Procurement, Navy'', $65,000,000;
``Aircraft Procurement, Air Force'', $108,100,000;
``Other Procurement, Air Force'', $33,300,000;
``Research, Development, Test and Evaluation, Air Force'',
$33,000,000; and
``USS Cole'', $49,000,000:
Provided, That the entire amount made available in this
section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That
[[Page H3308]]
the entire amount under this section shall be available only
to the extent that an official budget request that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Mr. SKELTON (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Missouri?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Missouri (Mr. Skelton) and a Member opposed each will
control 10 minutes.
The Chair recognizes the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, this amendment that I offer unfortunately is not
protected against points of order, as I had hoped it would have been,
by the Committee on Rules.
{time} 1600
Nevertheless, my amendment would address acute funding shortfalls
that all the military services are experiencing. It would increase the
funding for the Department of Defense by $2.7 billion.
It is no secret that the armed services are doing a magnificent job
protecting the interests of the United States.
This amendment would add $2.7 billion for all additional defense
appropriations. Of this total, the vast majority of it, about $2
billion, would be for operations and maintenance and, of course, flying
hours and spare parts, real-property maintenance, depot maintenance,
uniforms, the unglam-
orous nuts and bolts essentials that really make our military work.
Another $400 million would fund military personnel priorities,
subsistence allowances to keep our service members off food stamps,
housing allowances, and to pay for unbudgeted National Guard and
Reserve costs.
It would also provide, Mr. Chairman, $300 million for high-priority
procurement costs. It would add $65 million to replace the EP-3 that is
being cut to pieces on Hainan Island, China; also an additional $49
million to expedite the repair of the U.S.S. Cole.
All of these items, plus others, such as rebuild Apache helicopters
and for ammunition, are all emergencies. These are high-priority
funding, and they are all recommended by the chiefs of staffs of the
military services.
Mr. Chairman, last year, during the hearings that we had, request
remained of the service chiefs to give us their unfunded requirements
to get them through the coming year, and they did so. I reviewed that
list, and being conservative, I offered an amendment of merely $2.7
million which, of course, could have been much more.
It reflects some of the differences between the service chiefs'
unfunded requirements lists and the portion of items that we have
addressed in this bill today.
These are legitimate needs. I only wish that the amendment could have
been fully debated and fully voted on by this House.
I know that my amendment is vulnerable to a point of order, and at
the appropriate moment, according to my discussion with the gentleman
from Florida (Mr. Young), who has reserved the right to object, I will
withdraw it at the appropriate moment.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr.
Ortiz).
Mr. ORTIZ. Mr. Chairman, I stand up to support the Skeleton amendment
to H.R. 2216, the supplemental appropriations Bill. I think that this
amendment is a very responsible amendment. We know that when we go and
visit the training areas and the different camps, we know that the
planes they fly are older than the pilots that fly those planes; and
what happened during the past several years is that we have not kept up
with the maintenance.
The military, and the Army alone, has a shortfall of $483 million. If
we cannot buy at least new planes now, I think that the responsible
thing to do is to have sufficient money so that we can buy parts for
these planes, so that we can maintain. Time is running late, my
friends.
If we do not come with a responsible supplemental, the training
stops, no tanks will be running, no planes will be flying; and I think
that this is a very responsible amendment. Therefore, I support the
Skelton amendment.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I might add at this point that there is sufficient
funding in the contingency fund for this, according to the CBO.
Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina
(Mr. McIntyre!).
Mr. McINTYRE. Mr. Chairman, I would like to express my strong support
for the amendment offered by the gentleman from Missouri (Mr. Skelton)
to provide an additional $2.7 billion that is needed to meet the
critical needs of our men and women in uniform.
I am extremely disappointed that this amendment was not ruled in
order. Why would this House not be willing to stand up on behalf of our
Nation's military and provide it with the additional resources it needs
to do its job?
How can we send men and women into battle without all of the
ammunition, spare parts and tools that they need to get the job done?
These are the men and women who put their lives on the line each and
every day to defend our freedom. This should not be about us saying one
thing and then doing another.
This is about the money needed to buy spare parts to repair equipment
that can be as much as 30 years old. This is about money needed to buy
bullets, ammunition, so our servicemen and women can get the training
they need to prepare for battle.
This is about the money needed to ensure that our military families
have decent housing and do not have to depend on food stamps.
Mr. Chairman, I urge my colleagues to support the Skelton amendment
and to do the right thing, support fully our men and women in uniform.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from New
Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I rise in strong support of the Skelton
amendment. The underlying bill begins to address the hole that was
blown in the side of the U.S.S. Cole. The Skelton amendment begins to
address the hole that has been blown into the spare parts, the
ammunition, the basic-training material that we need for our men and
women.
It begins to address the hole that has been blown and the promise of
decent housing and decent education we have made to their families. But
we cannot address the Skelton amendment because of the hole that has
been blown in the budget by the tax cut that this House approved just a
few weeks ago.
It is the wrong national priority. The right national priority would
be to pass the Skelton amendment.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, I rise in support of the
Skelton amendment; and I ask the administration, where is the help?
Time and again, the military was told that help is on the way. They
waited, and today they are still waiting.
I have a handful of letters from San Diego echoing the same
sentiment: help, significant help is required.
Let me share with you this dire situation in California. There are
1,200 highly skilled people all who are vital to the defense, the
defense industrial base in San Diego are going to lose their jobs. Why?
Why is that?
The Navy requested an additional $375 million for ship-depot
maintenance, but political appointees in the Pentagon and at the Office
of Management and Budget reduced that amount to $200 million.
Mr. Chairman, $375 million is not an arbitrary amount. It is
absolutely essential to complete this year's ship maintenance and
overhaul requirements.
This year alone in San Diego, 26 major repairs had to be canceled,
and even more were canceled in Hawaii and Washington State and in
Virginia. Our
[[Page H3309]]
sailors deserve vessels that are adequately maintained, ready to go in
harm's way and perform their mission.
Mr. Chairman, a continual decline in the condition of our ships is a
real emergency. Clearly this funding emergency jeopardizes national
security and preparedness, precipitates the rapid decline of the
industrial base in this country. National security should not be a
partisan issue. It is not a California issue; it is a national issue,
and we are trying to help.
I urge my colleagues to support the Skelton amendment. I am sorry
that it is not in order. For having moved it forward, we would be
showing our troops that help is on the way.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, again I must express my disappointment over the fact
that the Committee on Rules did not make the amendment in order.
Mr. Chairman, I yield the balance of my time to the gentleman from
Rhode Island (Mr. Langevin).
The CHAIRMAN. The gentleman from Rhode Island is recognized for 2
minutes.
Mr. LANGEVIN. Mr. Chairman, today I rise in strong support of the
amendment offered by my colleague, the gentleman from Missouri (Mr.
Skelton), the distinguished ranking member of the Committee on Armed
Services.
As a member of this committee, I am honored to work with the
gentleman to ensure our military is provided the necessary funding to
protect America and our allies.
I support this amendment because it provides critical funding for
basic maintenance costs, as well as personnel needs for each of the
services.
Specifically, this amendment would add a total of $2.7 billion to the
supplemental appropriations bill for various defense programs. This
funding will be used for flying hours, spare parts, maintenance,
housing allowances, and subsistence allowances.
It will also be used to repair or replace the EP-3 supply plane on
Hainan Island, much-needed repair of the U.S.S. Cole and deployment
munitions.
These programs desperately need this funding. Let us make no mistake
about it. Mr. Skelton wrote this amendment based on the service chiefs'
fiscal year 2001 unfunded requirements list. It is reasonable and in
direct response to the expressed needs of our military.
Mr. Chairman, we must pass this amendment. We owe it not only to our
hardworking men and women who have dedicated their lives to ensuring
freedom and democracy in this great Nation, but we also owe it to all
the Americans who are counting on us to ensure that they are safe.
Mr. Chairman, I urge my colleagues to join me and vote for the
Skelton amendment.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I claim the time in opposition to
the amendment.
Mr. Chairman, I yield myself such time as I may consume.
I regret that I had to reserve the point of order on this good
amendment. I am not opposed to this amendment. As a matter of fact, I
could identify to the Members of the House far more needs in our
national defense than even the Skelton amendment covers.
The problem is we are constrained by the budget resolution for fiscal
year 2001 not to go above the number that we are using in this bill.
Other than that, I would tell my colleagues that the gentleman from
Missouri (Mr. Skelton) is a stand-up Member on national defense, and he
has always been a stand-up Member for national defense.
He understands the needs of those that work in defense every day. He
understands their needs.
I would like to give my colleagues an example of the needs that I
have identified. For a couple of years, I have made a list, as the
gentleman from Missouri (Mr. Skelton) has, of unfunded requirements. On
this list is a substantial number of items that need to be done for the
military, for the Army and the Navy and the Air Force and the Marine
Corps.
If the Members can see that list, they will see on this list, if the
Members can see that, the blue lines. Those are items that we have been
able to take care of in the last couple of years; but there are many,
many more items on this list that have not been taken care of yet.
The Skelton amendment would take care of a lot of them. The problem
is, we are constrained by the budget resolution for fiscal year 2001.
Other than that we would be here enthusiastically supporting the
Skelton amendment, because, in fact, it is a good amendment.
Mr. Chairman, I yield such time as he may consume to the gentleman
from California (Mr. Lewis), the chairman of the Subcommittee on
Defense.
Mr. LEWIS of California. Mr. Chairman, I thank very much the
gentleman from Florida (Mr. Young), my full committee chairman, for
yielding me the time. Like the gentleman from Florida, I wish that I
were the author of this amendment for, indeed, if it were not for those
budget limitations that have been mentioned, there is little question
that we would have bipartisan support by way of vote, as well as
spirit.
There is little question that one of the complications in this
process is that under other circumstances, we might very well have
exercised emergency provisions to be able to go by our budgetary cap.
On the other hand, we face rather sensitive and complicated
circumstances in the other body.
If they should find themselves with difficulty, it would require 60
votes in the other body; and it could slow down this very, very
important measure. Nevertheless, as the gentleman from Florida has
indicated, there is not a Member in the House who is more concerned and
dedicated to doing the work that is necessary for the men and women who
make up our armed services than the gentleman from Missouri (Mr.
Skelton).
He is my colleague, the ranking member on the authorizing committee.
He works very, very closely with us as we go about the appropriations
process. I very enthusiastically support his intent here, but I must
reserve my vote when the vote actually occurs. And I appreciate the
gentleman from Missouri (Mr. Skelton).
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, there are a few people in this Chamber
that all of us respect and one is the gentleman from Missouri (Mr.
Skelton). I love the gentleman. He is a descendent of Daniel Boone.
I also agree with the gentleman from Florida (Mr. Young) that this is
very, very noteworthy.
As a matter of fact, the individuals that spoke in favor of his
amendment, I cannot see a one of them that is antidefense, that is not
there to help our men and women. We asked for $362 million, which the
gentleman helped us get for ship repair. The Navy switched that over to
nuclear and carrier refueling and then gave us $171 million shortfall
in ship repair.
{time} 1615
So the mismanagement within the services is a problem as well.
If we look at the basics of the things that have been mentioned here
today, this does not even scratch it. And if I had the ability to
override the other body and the Senator in the other body, I think we
would see all of us supporting that. But we do not have the 60 votes in
the other body.
Many of us spoke about, including my friend, the gentleman from Ohio
(Mr. Kucinich), not going along with Izetbegovic in Bosnia. When we
talk about the U.S.S. Cole, it was those Mujahadeen and Hamas that
surrounded Izetbegovic in Sarajevo that blew up the U.S.S. Cole. And
the 124 deployments that have put us into this position, that many of
us fought against, including many of my colleagues on the other side,
have put us in this hole. Shalikashvili, previous Secretary of Defense,
stated that it just wore our equipment out and tore us down.
I do not think there will be supplementals in the future. That tells
me that the services better come up with a clean number so that we can
fund them, because there may be limited ability to do that. But I laud
my friend and I regretfully oppose his amendment.
Announcement by the Chairman
The CHAIRMAN. The Chair would admonish Members they are not to
[[Page H3310]]
characterize the intentions of the other body.
Mr. YOUNG of Florida. Mr. Chairman, I regret I must insist on my
point of order, and I yield to the gentleman from Missouri (Mr.
Skelton).
Mr. UNDERWOOD. Mr. Chairman, I rise in support of this much needed
supplemental bill that seeks to replenish military accounts drawn down
by high fuel costs and other training and military readiness
requirements.
For months I have joined my colleagues on both sides of the aisle in
advocating for additional funding so our troops can continue training,
replace spare parts and fix dilapidated infrastructure. While I support
this supplemental bill today. I am concerned that it does not solve the
many problems that our military faces this year.
H.R. 2216, appropriates $6.5 billion in supplemental funds, $5.5
billion (85 percent) of which will address military readiness, training
and other operations requirements. Specifically, $44 million to repair
the damage to the U.S.S. Cole, which was damaged by a suicide bomb
attack last fall while it was docked in Yemen; $970 million to fully
fund the flying-hours requirements of Navy and Air Force pilots; $463
million for increased utility costs, especially in California; $100
million for environmental cleanup and waste management; and $33 million
for the Navy and Marine Corps to increase security against terrorist
attacks.
I am especially pleased that the committee has included $9.4 million
for the construction of an emergency submarine repair facility in Guam.
This project provides budgetary support to a renewed focus on Guam and
the Pacific by military planners and the Bush administration. This
facility will play a vital role in providing much needed support for
the three navy attack submarines that are to be homeported in Guam
starting in April, 2002. Currently, Guam has a very capable shipyard of
providing support and maintenance to the surface fleet and submarines.
Moreover, the U.S.S. Frank Cable is homeported on Guam, and is the only
forward deployed submarine tender in the Pacific. While I strongly
support this new facility, it is my hope that this will not instigate
competition with the existing shipyard on Guam.
Moreover, I would like to express my strong support for Mr. Skelton's
amendment, which unfortunately is not protected from a point of order.
This amendment will provide an additional $2.7 billion and reflects the
difference between the Service Chiefs FY 01 unfunded requirements lists
and the pieces of those lists included in the Appropriations Committee
markup of the supplemental.
Specifically, the Skelton amendment would provide nearly $2 billion
towards current operations and maintenance accounts; $320 million in
procurement, including funding for a new Navy EP-3E aircraft, which was
damaged in regards to the accidental collision with a Chinese fighter
jet and currently grounded on China's Hainan Island.
As the Bush administration continues to delay sending a defense
budget to Congress, it looks all the more likely that the Defense
appropriations bill for FY 02 will be the last of the 13 annual
spending bills passed this year. Given this predicament, this
supplemental is the only vehicle Congress has to address the needs and
requirements of our troops in uniform this year, thus punctuating the
importance of the Skelton amendment.
We all support increased military funding, but I call into question
where the money will come from given the massive and recently passed
$1.35 trillion tax cut. Our military is facing several multifaceted
challenges that this Congress must address this year. It is my hope
that President Bush will back up his campaign promise of ``help is on
the way'' when he finally submits his defense budget request later this
summer.
With that, I urge all Members to support the Skelton amendment and
this measure as it will work towards providing immediate relief to our
Armed Forces.
Mr. SKELTON. Mr. Chairman, I ask unanimous consent to withdraw the
amendment for the aforestated reasons.
The CHAIRMAN. Is there objection to the request of the gentleman from
Missouri?
There was no objection.
The CHAIRMAN. The amendment is withdrawn.
Amendment Offered by Ms. Pelosi
Ms. PELOSI. Mr. Chairman, I offer an amendment, and I ask unanimous
consent that it be considered at this point.
The Clerk read as follows:
Amendment offered by Ms. Pelosi:
At the end of the bill, insert after the last section
(preceding the short title) the following new section:
Sec. __. (a) For purposes of this section:
(1) The term ``Commission'' means the Federal Energy
Regulatory Commission.
(2) The term ``cost-of-service-based rate'' means a rate,
charge, or classification for the sale of electric energy
that is equal to the sum of the following:
(A) All variable and fixed costs of generating such
electric energy.
(B) Either--
(i) a reasonable risk premium, or
(ii) a return on invested capital used to generate and
transmit such electric energy that reflects customary returns
during the period 1994 through 1999.
(C) Other reasonable costs associated with the acquisition,
conservation, and transmission of such electric energy.
(3) The term ``new generation facility'' means any facility
generating electric energy that did not generate electric
energy at any time prior to January 1, 2001.
(b) Within 30 days after the enactment of this Act, the
Commission shall issue an order establishing cost-of-service-
based rates for electric energy sold at wholesale subject to
the jurisdiction of the Commission under the Federal Power
Act for use in that portion of the United States that is
covered by the Western Systems Coordinating Council of the
North American Electric Reliability Council.
(c) Subsection (b) shall not apply to sales of electric
energy after March 1, 2003.
(d) The rates required under subsection (b) shall not apply
to any sale of electric energy generated by any new
generation facility.
(e)(1) If a State determines that a wholesale rate
applicable to delivery of electricity within the State is not
in compliance with subsection (b) or is not just and
reasonable, the State may bring an action in the appropriate
United States district court. Upon adequate showing that a
rate is not in compliance with subsection (b) or is not just
and reasonable, the court shall order refunds or other relief
as appropriate.
(2) Any person who violates any requirement of this section
shall be subject to civil penalties equal to 3 times the
value of the amount involved in such violation. The
Commission shall assess such penalties, after notice and
opportunity for public hearing, in accordance with the same
provisions as are applicable under section 31(d) of the
Federal Power Act in the case of civil penalties assessed
under such section 31.
(f) Nothing in this section shall affect any authority of
the Commission existing before the enactment of this section.
(g) Section 202(c) of the Federal Power Act (16 U.S.C.
825(c)) is amended by adding the following at the end
thereof: ``Except during the continuance of any war, no order
may be issued under this subsection unless the payment of
compensation or reimbursement to the person subject to such
order if fully guaranteed by the United States Government or
by a State government.''.
(h) If any provision of this section is found to be
unenforceable or invalid, no other provision of this section
shall be invalidated thereby.
Ms. PELOSI (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from California?
There was no objection.
The CHAIRMAN. Is there objection to the amendment being considered at
this point?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from California (Ms. Pelosi) and a Member opposed each will
control 15 minutes.
The Chair recognizes the gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, the amendment that we have before us was a product of
work done by the gentleman from Washington (Mr. Inslee) and the
gentlewoman from California (Ms. Eshoo) and others in the Committee on
Commerce which I was pleased to present to the full committee the other
day.
For my colleagues' benefit, the Federal Election Regulatory
Commission was established under the Power Act,
[[Page H3311]]
and under it the FERC, when it determined that power companies,
generators, were charging unjust and unreasonable rates, they would
reach a threshold whereby they could do something, they could mitigate
for that. The gentleman from Washington (Mr. Inslee) and the
gentlewoman from California (Ms. Eshoo) and others have authored this
amendment, and I will yield to him to explain the amendment to our
colleagues, but first I wish to thank him for his tremendous leadership
on behalf of consumers in the western United States.
Mr. Chairman, I yield 4 minutes to the gentleman from Washington (Mr.
Inslee).
Mr. INSLEE. Mr. Chairman, I am pleased to offer this amendment with
the gentlewoman from California (Ms. Pelosi) as a real and a meaningful
and a truly effective price mitigation strategy for the West Coast. The
West Coast is a great place. We do not have hurricanes like the
Southeast, but right now we have an economic tornado that is ripping
right up and down the coast of California, Oregon, and Washington.
In Washington, our wholesale prices have gone up not twice, not
three, not four times, but by a thousand percent. And while those
prices have gone up a thousand percent, while people in the State of
Washington, 43,000 of them, may lose their jobs this year in the State
of Washington due to this economic tornado, what has the Federal
Government done for our citizens on the West Coast? Nothing. In
January, when we asked FERC to act, they did nothing. In February, in
March, in April, they did nothing. In May and today, when we have asked
the majority party to join us, nothing has been done.
This amendment would do something meaningful. What it would do is to
set a 2-year period of cost-based pricing for wholesale electrical
generators. A reasonable thing to do. We would, by this amendment,
simply require FERC to order cost-based pricing on the West Coast of
the United States for 2 years. That means generators would charge
reasonable rates based on their cost. Each generator would get what
they have coming to them, which is the cost to generate the
electricity, plus a reasonable degree of profit. That is not too much
to ask when we have 43,000 people in the State of Washington that may
be coming home with no job.
Now, as my colleagues know, finally, after we have drug this
administration and my friends across the aisle kicking and screaming to
the price mitigation bar, the FERC finally did something 2 days ago.
But FERC doing something does not mean that this House should do
nothing. Because what FERC did would essentially adopt a price
mitigation strategy that may not mitigate anybody's prices.
Look what they did. They said nobody can charge more than a certain
price. But the price they picked was the most expensive generator on
the whole West Coast, the least efficient generator on the whole West
Coast. Mr. Chairman, it would be the equivalent if we had FERC dealing
with two high prices in the automobile industry. If we gave them that
job, they would pick the cost of a Rolls Royce Silver Cloud as the
price for the limit. That would not help any car buyers, and this is
unlikely to help consumers on the western coast of the United States.
It is likely to be an ineffective proposal.
So what we have done is to do what historically has been done, which
is to adopt cost-based pricing. Something meaningful. When we talk
about incentives, think about it from this standpoint. If we are going
to send a message to the generators of electricity, the message that
FERC sent to the generators is they said turn your most expensive, your
least efficient, your environmentally dirtiest plants on first. Is that
the message that the U.S. Government wants to send to the industry to
adopt their dirtiest most expensive generators first? Yet, that is what
the FERC order has done.
To those who argue that economics say we should not adopt price
mitigation, I want to quote from Dr. Frank Wolak, who studied this
effort. He is an economist from Stanford. This scheme, referring to the
FERC order, guarantees that consumers pay more for wholesale
electricity than they would pay for cost of service pricing. Under the
FERC plan, consumers have the potential to pay significantly more than
total production costs to receive the same amount of electricity in
order to preserve a market clearing price mechanism which provides
incentives.
This is not enough. It is time for this U.S. House to act.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, let me give a little history. Price
caps in the 1970s were disastrous. Canada controls a large percentage
of the energy coming into California. If we put price caps on, there is
nothing that controls Canada in resources for selling power. That is
why we ended up with gas lines in the 1970s.
My colleagues, look at what Governor Davis has done to stop power
generation, yet he is now trying to shift the blame to the White House.
The Governor was warned that deregulation and not buying long-term
power would be critical to California. He not only rejected it, he
killed it. And at the same time the Governor now has millions of
dollars from those same energy companies in his personal campaign. I
think that is wrong.
The Governor was warned that San Diego Gas & Electric was a private
company and they had to buy excess power from public utilities, but
they could not because there was no excess power. He rejected it.
The White House offered the California Governor the GE and
Caterpillar generators that could produce thousands of megawatts of
power. I quote, ``We do not need it.'' The White House offered the
Governor help, and each time he rejected it. The White House said if
you make a request in writing, we will do a waiver of the California
Clean Air standards just for this emergency period. The Governor would
not do that. A year and a half later, he is now thinking about it. We
could have turned on 600 generators just for the emergency period, and
in the interim worked to clean up those generators.
One generator producer in Los Angeles wanted his license because he
cleaned up his system. The Governor said, in response to the gentleman,
``If you unionize your shop, I will give you a license.'' Playing
politics. And now the Governor's poll numbers are going down and down
and down, and the only thing he can do is try and shift the blame to
the White House that was in office 1 week when this hit him.
It has been caused over and over. Some of my critics will say, well,
Pete Wilson started it. Gray Davis had the chance to buy long-term
power and he did not, and now he is getting campaign money from the
very electric companies that are ripping off these folks.
I would say that regardless of what the reason that my colleagues on
the other side want price caps, it is detrimental and it will not work,
because there is no one that forces those 14 States or Canada to sell
power to California. They will sell it elsewhere, and then we will end
up with the gas lines like we did in the 1970s.
Ms. PELOSI. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Eshoo), who was a very critical part of putting this
amendment together.
Ms. ESHOO. Mr. Chairman, I thank the gentlewoman from California (Ms.
Pelosi) for her great leadership on this issue in the Committee on
Appropriations that affects not only her Congressional District, mine,
but all Californians.
I rise today as not only the representative of the 14th Congressional
District but someone that loves my State. When I hear the word
California, I cannot help but smile. It is a great State and we have
done and will continue to do great things. But we know that she is a
State that is in crisis, and so I join with my colleague from the
Committee on Appropriations, the gentlewoman from California (Ms.
Pelosi), in the amendment that she offered because it meant and still
means relief for California.
{time} 1630
Mr. Chairman, all of my colleagues are thinking, Well, the Federal
agency did act on Monday. And I salute them for finally ending their
sit-down strike because previously they refused to act on behalf of
California's energy consumer.
What I rise to speak about today is the issue of refunds. There has
been
[[Page H3312]]
some $8.9 billion which is not penny larceny, by the way, which has
been exported out of the State of California, the largest export of
dollars since the Civil War from one State to another. What the FERC
did in their order was to simply say, in 15 days go before an
administrative law judge and somehow settle this.
I think it is the responsibility, and that is why I went to the
Committee on Rules last evening to ask for an amendment to be debated
on the floor today. They did not make that amendment in order. But what
I will be offering is legislation that does deal with a refund. If a
consumer goes to Macy's or a restaurant and is overcharged, they are
going to seek a refund. Californians deserve it. They have been ripped
off, and we seek to have this money returned to the good people of
California.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the
gentleman from California (Mr. Ose).
(Mr. OSE asked and was given permission to revise and extend his
remarks.)
Mr. OSE. Mr. Chairman, I thank the gentleman for yielding me this
time.
This issue of energy in California is perhaps the most critical issue
at the moment in California. The gentlewoman from California (Ms.
Pelosi) and some of our friends on the Democratic side have come
forward with an idea for price caps. I have read the amendment of the
gentlewoman from California (Ms. Pelosi). One of the most important
things is figuring how do we bring new supply to market, and how do we
do it in a manner that is environmentally acceptable.
This week Senator Feinstein has been good enough to speak the truth,
and that is perhaps we ought to let FERC's plan work a little bit and
see if it actually works, rather than jumping in and imposing another
layer of regulatory standards.
Mr. Chairman, I want to enter into the Record a letter that I
received from Calpine, which is a national company reknown for its
ability to bring efficient, environmentally friendly power to the
market.
Calpine,
Washington, DC, June 18, 2001.
Hon. Doug Ose,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Ose: Thank you for your leadership in
helping to resolve the severe electricity crisis in
California and the West Coast. Your legislation, H.R. 1974,
is a responsible attempt to provide the Federal Energy
Regulatory Commission (FERC) with the needed tools that will
help it in its effort to stabilize Western states electricity
markets.
There has been some misguided criticism of your bill as it
relates to the price set during certain market conditions.
Under your proposal, the price limitations are based on the
FERC order of April 26, 2001. These price limitations are set
in relation to the least-efficient generation units entering
the market at specific times. Some have claimed that this
will encourage inefficiency. The reality is just the
opposite: by pegging the price to the least-efficient unit
entering the market, it rewards those generators who are more
efficient. In addition, it allows the power from these less-
efficient units to be sent to the grid when it is most
needed, thereby preventing additional blackouts. This will be
especially important as we enter the summer, which is when
peak demand occurs in California and any blackouts could
create serious impacts on public health and safety.
By using the least-efficient units for the price
limitations, your legislation actually encourages newer and
cleaner plants to be construed. Eventually this will lead to
the decommissioning of the oldest and dirtiest plants in the
state. It should be noted that Calpine's resources are very
efficient, as we do not own or operate the types of plants
that are the last to enter the market during times of
potential shortfalls.
Calpine looks forward to working with you in resolving this
crisis. We want a stable market that provides reliable and
affordable electricity to all of the citizens in the West.
Whenever you need the perspective of a California-based
supplier of clean and reliable electricity, we will be
pleased to provide it.
Sincerely,
Joe Ronan,
Vice President--Government
and Regulatory Affairs.
They clearly state that price caps just are not going to work. They
are, in effect, a reward given to the most inefficient, highly
polluting plants that can be used.
Mr. Chairman, here is the concept. Under the gentlewoman's bill, we
would have generators regardless of their cost basis who would earn a
return on their cost. So if they produce at $10 a megawatt, they make a
percentage on that. Over here we may have some other producer who can
do it for $5, and under the gentlewoman's proposal, they would get a
percentage of that. The guy who can bring power to market for $5 is
bringing power to California consumers at half the cost of the $10
person.
If we use the technology that is available to us today, we can bring
power to the market, we can do it in a way that allows us to use highly
efficient conversion of gas to electricity. We can do it in a way that
instead of continuing to pollute our environment in California with
these traditional sources that the gentlewoman is attempting to
protect, we do it with technology that has significantly lower levels
of pollution.
That is what we are arguing about here today, whether to protect the
dinosaurs using cost-based rates or to move into the 21st century,
protect our environment, protect our consumers from price gouging,
bring supply to the market and create jobs in California.
Mr. Chairman, I urge my colleagues to reject the gentlewoman from
California's amendment.
Ms. PELOSI. Mr. Chairman, I yield myself 15 seconds to comment on the
previous speaker's comments.
Mr. Chairman, clearly the gentleman from California (Mr. Ose) does
not understand what our amendment does. What he described and its
shortcomings is exactly what the FERC did this week, to give standing
to the dirtiest and oldest technology and generators, and thereby
making the problem that will certainly be skirted by suppliers. My
amendment will do exactly what he described we want to happen. If he
had an understanding of both of these, he would realize that and
support my amendment.
Ms. PELOSI. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. McDermott), who has been involved in these issues for a
long time.
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Chairman, this is not just a California problem. I
repeat, it is not just a California problem. We had the Deputy
Secretary of Energy before the Committee on the Budget today, and he
said in answer to a direct question, this is not only California, it
affects the State of Washington.
Mr. Chairman, we are facing 150 percent increases under BPA. We face
the loss of 102,000 jobs in Washington State. Electricity that cost $23
a megawatt last year is between $200 and $300 this year. Some of you
are feeling fat and sassy in the Midwest or East and saying it is just
the Californians arguing about a big problem. The rest of the Nation is
also going to get it because there is a grid that connects the whole
energy system in the United States. What is happening to us in
Washington State, we are only a thousand miles from California, if my
colleagues are within a thousand miles, my colleagues ought to be
voting for this amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Alabama (Mr. Callahan), chairman of the
Subcommittee on Energy and Water Development for the Committee on
Appropriations.
Mr. CALLAHAN. Mr. Chairman, first of all, I do not know of anyone on
either side of the aisle who is opposed to helping California get out
of this serious problem they are in, or any of the other Western States
as well.
We recognize fully that there is a crisis in the West. We recognize
fully that this crisis is going to spread even more nationally. We
recognize because of the crisis in California and because of the crisis
in the West, that it is causing a domino effect even as low down in the
South as Alabama because our rates, too, are increasing simply because
of supply and demand.
Let me tell my colleagues, I think this administration is trying to
do the right thing. We had this issue that came up in our committee,
full committee meeting this past week, and we debated it there and the
issue was overwhelmingly defeated in committee. And it was
overwhelmingly defeated, I think, because the committee was convinced
that the administration is doing everything that they possibly can to
eliminate this crisis and to stop those rolling blackouts in
California.
[[Page H3313]]
Mr. Chairman, we all want to do the same thing. We are all trying to
get to the same corner of the room, but I think this is the wrong route
to take because if we take this route of price caps, there is no doubt
in my mind that we are going to encourage even more problems for
California because that eliminates the incentives that are being
imposed now by the fact that people recognize there is a shortage. We
will eliminate the incentive for conservation if indeed we apply price
caps. Indeed, this amendment could ultimately increase the problem in
California, and I know that is the last thing the gentlewoman from
California wants to do, and it is the last thing that anybody on either
side of the aisle wants to do. We want to help.
Mr. Chairman, just this week FERC has imposed some price caps the
responsible way of imposing them, for all of the 11 Western States. So
the administration is moving very aggressive in this direction to help
California. We are going to ultimately provide money for new energy
sources that we hope will be developed in California to make this a
long-term solution.
We cannot do anything that is going to solve this problem overnight
and stop a rolling blackout that is going to take place tomorrow. But
we can, by working together, provide the necessary resources and
encouragement to California and to the Western States and to the energy
providers to eliminate this problem; and that is our long-term goal.
But this, Mr. Chairman, is not the way to do it because this
amendment will compound the problems that California currently is
undergoing. There has been a lot of talk about blame. Who is at fault?
I do not care who is at fault. I do not care that I do not live in
California. I know that the people in California are suffering
financially because of this and for the inconvenience and the danger in
some instances it is causing because of some health problems that
cannot be addressed without availability of electricity.
This is something we are going to have to work together, Mr.
Chairman, to resolve. And we are going to begin working together to
resolve it in the bill that will come to the floor hopefully next week,
the energy and water appropriations bill of the Committee on
Appropriations. We are going to pump money into this issue. We are
going to address some of the other crises that are going to be
affecting California, and that is the next crisis of water.
Mr. Chairman, the people in California tell me this is an even more
dangerous crisis pending than the electrical crisis. We are going to
work together in a bipartisan fashion and try to give California the
necessary resources and assistance they need to create a long-term
solution and a permanent solution to this crisis that they are in.
Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.
Ms. PELOSI. Mr. Chairman, I would like to inquire about the time
remaining?
The CHAIRMAN. The gentlewoman from California (Ms. Pelosi) has 6\3/4\
minutes remaining. The gentleman from Florida (Mr. Young) has 4\1/2\
minutes remaining.
Ms. PELOSI. Mr. Chairman, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio), who is an expert on power generation in our
country and has been a tremendous resource to us.
Mr. DeFAZIO. Mr. Chairman, interesting debate; but let us talk about
the facts. What the gentlewoman's amendment would do is return us to
the system that prevailed in this country for two-thirds of the last
century, through the Great Depression, World War II, the oil crisis,
and made us the greatest industrial power on Earth. It is cost-based
rates, and it goes to every individual generator, unlike the gentleman
from California (Mr. Ose) who said this would encourage inefficiency
and the dirty plants would operate first and everybody would pay the
price. No, that is what the Bush Federal Energy Regulatory Commission
did. They said the price will be based on the least-efficient plant,
and the most-efficient plant will get that price.
So the gentleman from California (Mr. Ose), now knowing the facts, I
am certain, will support the gentlewoman's amendment.
The FERC also found in December that the prices were not just and
reasonable. They were violating Federal law. And since that time, we
have found wholesale prices 10 times that of 2 years ago. We found
Texas-based energy conglomerates whose profits are up 1,000 percent in
1 year. The price of energy has gone from $7 billion to $27 billion in
California in 1 year, and that is spreading up into the Pacific
Northwest.
Mr. Chairman, the market does not exist. It is being manipulated.
There is more and more evidence coming to prove that point. The FERC,
by adopting a half-baked proposal, admitted that. It is intervening in
a dysfunctional market because of market manipulation and price
gouging, but what they have done does not solve the problem.
We need to return to a system of cost-based energy which served our
Nation so well for two-thirds of a century. We need full refunds, not
the partial, maybe refunds that FERC mandated; and we need something
that goes for two seasons in California and two seasons in the Pacific
Northwest, not two seasons in California and one season in the Pacific
Northwest.
Mr. Chairman, we heard the administration is doing everything. They
are doing everything but offending the very powerful and generous
contributors who are making money hand over fist from consumers who are
experiencing price gouging.
Ms. PELOSI. Mr. Chairman, I yield \3/4\ minute to the gentleman from
Washington (Mr. Dicks).
{time} 1645
Mr. DICKS. Mr. Chairman, I rise in very strong support of the Pelosi
amendment. This has been a real crisis, not just in California but
throughout the West and particularly in the Pacific Northwest. My own
utility in Tacoma has increased rates by approximately 50 percent and
may be faced with another 50 percent increase because of drought
conditions affecting Bonneville Power and its power.
I want to associate myself with the gentleman from Oregon's comments.
He is exactly right. The idea that we are going to base the cost of
power on the output of the weakest plant and the plant that is the most
expensive is an outrage. I think we need to stay with this. We need to
get this amendment adopted. I urge the House to support the Pelosi
amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from California (Mr. Lewis), chairman of the
Subcommittee on Defense.
Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman
yielding me this time. The assumptions being made in the Pelosi
amendment relative to the price caps assumes that one way or another
that such price caps are going to make sure that the price of energy in
California does not rise. The fact is that the price of energy, our
utility bills in California, are rising at this moment and it appears
they are going to continue to rise because of a history in California
of a considerable lack of leadership in planning in terms of our energy
needs and how we might meet those needs.
There is little question that the action taken by FERC this last
several days and actually over the last several weeks is a very
positive step in the right direction. It was not by accident after the
FERC ruling that affects the entire West that my colleague in the
Senate, Dianne Feinstein, made a decision to back off of the approach
that she was going to be taking relative to the energy crisis at home.
She felt we ought to give it some time to work.
It is very apparent that there is a very real risk that if we impose
energy caps, two things will occur. First, we will lay the foundation
to undermine the long-range solution, the kind of investment that will
allow us to develop energy sources in California that we desperately
need. But secondly I would point to a report that came forth today from
the Department of Energy that indicates that the proposed wholesale
electric price controls in California could double the number of
rolling blackouts from 113 to 235 hours and increase the number of
households in the dark to about 1,575. Minimizing the number of
blackouts ought to be our principal goal because more intense blackouts
would greatly imperil the health and safety of California's citizens
and would undermine the State's economy at least as much as high
prices.
[[Page H3314]]
The analysis in this report is that blackouts will be worse and last
longer if price controls are established. For those reasons, we should
strongly oppose the Pelosi amendment.
Ms. PELOSI. Mr. Chairman, I yield myself such time as I may consume.
It is very interesting to hear my colleagues from California speak
out about this solution to our crisis that we have there. Either they
and our colleagues on the Republican side are closing their eyes to a
situation which they do not wish to acknowledge, to quote the Music
Man, or they refuse to acknowledge the caliber of disaster posed by the
exploitation by the power companies who have withheld energy in order
to drive up prices to exploit the market and increase costs to the
consumers.
This amendment, which is the Inslee amendment, is appropriate to come
up on this emergency supplemental because it is an emergency indeed. It
does not cost one penny. But what it says is that this body will
recognize an emergency. You be the judge. In 1999, Californians spent
$7 billion on energy. In 2000, it was $27 billion because of this
exploitation. And projected for 2001 is 50 to $60 billion, nearly 10
times.
This is taking a terrible toll on our economy. We will have a revenue
bond issue to help cover the cost, to underwrite cost to consumers and
businesses, residences and businesses, of about $12 billion, the
highest State bond issue ever. What does that mean? It means that our
credit rating for our State will be affected by that. And when our
State's economy is affected, the economy of the whole country is and
certainly that of the western United States as our colleagues from
other States in the West have testified to.
We have at this moment homeowners, residences, businesses, which will
be driven out of existence. They cannot afford to pay even the cost
that is not being underwritten by the State. In some cases their energy
bills will go up $400 for a residence and even much more than that for
some of the businesses, especially the small businesses will have their
very existence threatened. We have 800,000 people who are disabled in
California, who depend on energy at all times and will be very affected
by not being able to pay their bills and have that source of energy.
So when people want to talk about how we got where we are today, we
can have that debate and frankly if we had more time we could have it
right here. But the fact is that whatever those reasons, it does not
eliminate the fact that power companies withheld energy to drive up the
cost, to exploit the market, to have this impact on consumers. So our
choice here, Mr. Chairman, is to make a choice between the exploiters
and the consumers.
Mr. Chairman, I am pleased to yield the balance of my time to the
gentleman from Washington (Mr. Inslee), who with the gentlewoman from
California (Ms. Eshoo) and others from this region is the author of
this amendment, which as I say I am pleased as an appropriator to offer
and thank him again for his leadership.
The CHAIRMAN. The gentleman from Washington (Mr. Inslee) is
recognized for 1\1/4\ minutes.
Mr. INSLEE. Mr. Chairman, this debate has a bit of an Alice in
Wonderland feel to it for this reason: the FERC action of 2 days ago
which the administration says they support, which I hear my friends
across the aisle say they support, is a price cap. It is a price
limitation. It says you cannot spend any more money than this dollar
figure of the least efficient, most expensive, dirtiest plant in the
whole western United States. It is a cap.
What is wrong with it is it is the wrong cap. It is the wrong
limitation. It is like setting the bar at a limbo contest and setting
it at the lowest level that Shaquille O'Neal can get through. It is
like setting the testing standards for fourth graders, finding the
slowest student in America and that is where you set the limitation. It
is not going to work, just like the failure of Congress and FERC for
the last 6 months. They have not done a darn thing.
I will just close by saying this. There is a famous story, we have
heard it, where the grandchild comes to the grandfather's knee and
says, ``Grandpa, what did you do during the war?'' And the grandpa
tells his story.
When the majority fail to allow us to offer a refund amendment, when
the majority fail to allow us to even vote, even vote on something to
do about these absurd, outrageous prices, when the majority insist that
we do nothing, when your grandchild asks you what you did in the power
crisis of 2001, you can tell them, ``Nothing.''
Mr. YOUNG of Florida. Mr. Chairman, I yield 1\1/2\ minutes to the
distinguished gentleman from California (Mr. Lewis).
Mr. LEWIS of California. I appreciate the gentleman yielding me this
time.
Mr. Chairman, I rise again only to say that the history of this is
very, very important. Well over a year ago in San Diego, California, as
a result of ill-placed policies developed in the State legislature, we
found ourselves faced with an energy crisis. Some way, somehow the
chairman of our public utilities commission in California advised the
Governor that it was not a crisis and as a result of that literally
they did nothing. The State legislature and the Governor has done
nothing during this last year and a half. Now suddenly they are
recognizing the crisis and asking Washington some way to figure out how
they got there and how they ought to get out.
The fact is that electrons do not know the limits of San Diego or of
California. We are in a regionwide crisis. That crisis is beginning to
be dealt with by some actions by FERC, only after long awaiting the
Governor and the State legislature to come forth with actions of their
own.
Mr. Chairman, there is little question that we face a crisis in the
West. But this proposal of price caps will only undermine the short-
term efforts that are being made here but could potentially destroy our
hope for a long-term solution which involves more and new energy
sources in California.
Mr. STARK. Mr. Chairman. California is facing an energy crisis. This
problem is not one that California can solve without the help of
Federal intervention. The root of the California energy crisis is the
soaring wholesale rates for electricity. The spot market price of
electricity has increased from $30 per megawatt hour in 1999 to $300 in
2001. Energy prices have soared as high as $1,900 per megawatt hour.
For a point of comparison that many of us can better relate to: if the
price of a gallon of milk increased at the same rate as California's
energy prices, milk that now costs $3 per gallon would cost $190 per
gallon. Energy costs are a real problem facing California and our
western neighbors. The Inslee-Pelosi amendment can remedy this problem
but the Republican leadership will only allow debate on the amendment--
they will not allow a vote on the amendment.
Many critics will tell you that price caps hurt the market and will
stifle new electrical power generation. However, the Inslee-Pelosi
amendment exempts new generating facilities to ensure that the pricing
mechanism does not provide a disincentive to new energy generation. The
amendment places the Western energy grid under a cost-of-service based
rate system. This means that the energy suppliers, most of which are
Texas-based friends of the current administration, will be able to
recover the cost of producing energy, as well as make a reasonable
profit.
The administration realizes that some form of price caps is necessary
and allowed the Federal Energy and Regulatory Commission, FERC, to
impose a limited price control structure to help mitigate the soaring
price spikes. However, more must be done. These energy generators are
gaming the deregulated system in order to increase profits, all at the
expense of California's families and businesses. FERC has the power to
impose effective cost controls now, but they refuse to fulfill their
obligation. The recent FERC decision might help California, but price
caps are certain to help California's consumers.
Unfortunately, we have a White House that is more sympathetic to the
Texas energy producers than to California residents sitting in the dark
and the heat, facing skyrocketing electricity rates. The only
alternative is congressional action with measures such as the Inslee-
Pelosi amendment, since FERC will only provide limited consumer
protection.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, as previously announced under my
reservation of a point of order, I make a point of order against the
amendment because it proposes to change existing law and constitutes
legislation on an appropriations bill and therefore violates clause 2
of rule XXI. The rule states, in pertinent part,
[[Page H3315]]
``an amendment to a general appropriations bill shall not be in order
if changing existing law.'' The amendment directly amends existing law.
I insist on my point of order.
The CHAIRMAN. The gentleman raises a point of order. Does the
gentlewoman wish to be heard on the point of order?
Ms. PELOSI. Mr. Chairman, I do not wish to be heard on the point of
order.
The CHAIRMAN. The Chair finds that this amendment directly amends
existing law. The amendment therefore constitutes legislation in
violation of clause 2 of rule XXI. The point of order is sustained and
the amendment is not in order.
Ms. PELOSI. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I wanted to inquire of the distinguished chairman if
there are any other authorizations in this supplemental, emergency
supplemental bill.
Mr. YOUNG of Florida. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. I would concede to the gentlewoman that there
are several that are protected by the rule. This amendment offered by
the gentlewoman from California is not protected by the rule and,
therefore, is subject to the point of order.
Ms. PELOSI. Would the gentleman be so kind as to inform our
colleagues as to how many authorizations are within this bill? Is it
something like 30?
Mr. YOUNG of Florida. If the gentlewoman will yield, I will be happy
to go through that list and provide that to her in an expeditious time.
Ms. PELOSI. It is my understanding that there are about 30 such
authorizations protected by the rule in this emergency supplemental.
Mr. YOUNG of Florida. Any other item that might be considered
authorizing on an appropriations bill would have been protected by the
rule.
Ms. PELOSI. It is very unfortunate, Mr. Chairman, that while there
may be 30 perhaps, the gentleman has not told us an exact figure, but I
respect the fact that he will get that information to us,
authorizations protected by the rule for this bill, that the majority
has chosen to ignore a crisis in California and the western States, our
western region as our amendment addresses the West.
This is an emergency for us. Our energy costs have increased 10
times, into the tens of billions of dollars as I mentioned. Hundreds of
thousands of disabled people depending on access to energy at all times
cannot tolerate rolling blackouts or any other kind, including the high
cost of energy. It will have an impact on the credit rating of our
State which has now surpassed France as an economy in the world.
California has surpassed France as an economy, and we are going to be
cavalier about the impact that has on our country and that small
businesses and homeowners and residences and all the rest will carry
this tremendous burden.
It seems to me our Republican colleagues want to play the blame game
instead of trying to find a solution to this problem. No matter how you
describe it, the fact is that the suppliers have exploited the market
by withholding power to drive up the prices to exploit the consumer.
You cannot deny that, as many places as you want to place the blame.
The fact is that we have had tremendous growth in our economy in the
West. We have also had a real dearth of rainfall and we depend heavily
on hydroelectric. There are other reasons why we are in the situation
we are in today.
But again I repeat, the remedy that we are suggesting today is for a
reasonable cap based on expenses and profit to the suppliers that is
just and reasonable. That is what the power law called for. That is
what they told and instructed the FERC, the Federal Energy Regulatory
Commission, that they could do if there were not just and reasonable
rates charged. The FERC determined that the rates were not fair and
reasonable. They are almost $9 billion overcharged to consumers in
California. With all of that, the FERC has decided to act this week,
favoring the dirtiest and oldest technology to make the cap the highest
possible cap.
{time} 1700
So while they recognize there is a problem, they intervened into the
market. They did so in a way that was, as was said earlier by my
colleagues, half baked. So for this committee to say that we will
object to this on the basis of the fact that it is authorizing on an
appropriations bill, when there are at least 30 other authorizations in
this bill protected by the rule, but to save the people in the western
United States the emergency does not count to us, again we would rather
play the blame game than solve the problem, I have serious problems
with that, Mr. Chairman. I just wish that the chairman would reconsider
his objection on the basis of it being authorizing; but if that is the
route the majority chooses to go, as the gentleman from Alabama (Mr.
Callahan) said last week, he said the Californians made their bed, then
let them lie in it.
The Republicans are making their bed on this issue right now by
siding with the exploiters at the expense of the consumers. They are
making their bed.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I think everybody in this House knows that when I make
an agreement, I keep it. As I said, I think everybody in this Chamber
knows that if I make a commitment, I keep it. I agreed not to press the
point of order at the beginning of the debate so the gentlewoman could
have time, and we agreed that each side would have 15 minutes. She had
her 15 minutes and then went on to violate the agreement by taking
another 5 minutes.
I am not going to respond in kind or rebut this at all; but the point
is, the arguments of the gentlewoman from California (Ms. Pelosi)
should be made on an authorizing bill. They should not be made on an
appropriations bill.
The other authorizing issues she is concerned about are practically
meaningless. This is a very significant change of the basic law.
I would suggest to anyone else listening to this conversation that if
we are going to violate the agreement that we had earlier in the day, I
will press the point of order on everyone at the beginning of the
consideration of the amendment, and I will not provide the additional
20 minutes that I have agreed to. If we are going to make a deal, let
us keep the deal. Let us do not violate it.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Pennsylvania.
Mr. MURTHA. Mr. Chairman, I apologize because I was part of the
unanimous consent agreement. I am sure the gentlewoman from California
(Ms. Pelosi) did not mean in any way to violate the agreement, but I
agree that we should not have violated the agreement.
We have a legitimate agreement to talk about this. As important as it
is, I understand the emotion; but I would hope we would be able to
continue on with the other agreements that have been made. I apologize
that it is such an emotionally charged issue and that we got a little
out of hand here.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
CHAPTER 2
DEPARTMENT OF ENERGY
National Nuclear Security Administration
Weapons Activities
For an additional amount for ``Weapons Activities'',
$140,000,000, to remain available until expended: Provided,
That funding is authorized for Project 01-D-107, Atlas
Relocation and Operations, and Project 01-D-108, Microsystems
and Engineering Sciences Application Complex.
Amendment Offered by Mr. Farr of California
Mr. FARR of California. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Farr of California:
Page 13, after line 14, insert the following:
Electric Power Grid Improvement Loans
The Secretary of Energy is hereby authorized to make direct
loans and loan guarantees in an aggregate principal amount
not exceeding $350,000,000 for the purpose of improving
existing electric power transmission systems within the
United States: Provided, That such direct loans and loan
guarantees may be made only when the Secretary determines
that they would maintain or improve electric transmission
efficiency, reliability, or capacity necessary to protect
public health and safety or to prevent significant economic
disruption in regions served by such systems: Provided
further, That such direct loans and loan guarantees may be
made only to States, companies, or other entities
[[Page H3316]]
according to terms and conditions established by the
Secretary: Provided further, That such direct loans and loan
guarantees may be made only if the Secretary determines that
other commercial financial alternatives are not economically
feasible: Provided further, That, during a period determined
by the Secretary that does not exceed 25 years after the date
of enactment of this Act, the Department of Energy shall
fully recover, and deposit in the general fund of the
Treasury, the cost of any direct loan or loan guarantee made
under the authority provided in this paragraph in a manner
determined by the Secretary: Provided further, That no direct
loan or loan guarantee may be made under the authority
provided in this paragraph until 30 days after the Secretary
(1) notifies the Committees on Appropriations in writing of
the proposed direct loan or loan guarantee, and (2) certifies
that the costs to be borne by the Government are reasonable
and that contractual safeguards will be in place to provide
reasonable assurance that the Government will be repaid in
full on a timely basis: Provided further, That nothing in
this paragraph may be construed to provide Federal eminent
domain over any land acquisition needed to improve existing
electric power transmission systems: Provided further, That
the Secretary may delegate to other Department of Energy
officials the administration of direct loans and loan
guarantees conducted under the authority provided in this
paragraph: Provided further, That the total amount provided
under this paragraph is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
Mr. FARR of California (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
California?
Mr. YOUNG of Florida. Mr. Chairman, reserving the right to object, I
wish to make sure that my reservation on a point of order against the
Farr amendment is protected.
The CHAIRMAN. The gentleman from Florida (Mr. Young) reserves a point
of order on the amendment.
Pursuant to the order of the House today, the gentleman from
California (Mr. Farr) and the gentleman from Florida (Mr. Young) each
will control 10 minutes.
The Chair recognizes the gentleman from California (Mr. Farr).
Mr. FARR of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I think the interesting debate on this emergency
supplemental, which appropriates about $6.7 billion to fix emergencies
in the United States, I think it is appropriate that it did that; but I
want to point out that the debate all session, since we began in
January, has been a lot about the California energy problem, and it now
recognizes a national energy problem.
If we watch the debate, it has been for 6 months essentially a
Washington, White House-led accusation that the problem in California
is Californians; that we have not built enough power plants; that we
have too many environmental regulations; that it is essentially a State
problem.
Californians, on the other hand, have responded that if we look at
the facts, we are using the same amount of energy that we used last
year, so the demand is not up. If we look at the national facts,
California uses less energy per capita than any other State in the
United States.
So this debate, it is California's problem on infrastructure and
California's response, it is the Federal Government's problem on not
being able to control costs.
Well, guess what? Guess what this bill does? This bill recognizes
that it is a cost problem. It recognizes that it is a cost problem for
our military, our Federal military installations and the men and women
in uniform who work for the military bases. They did not say that they
have a problem with the way they are conserving energy. They did not
say they have a problem with the way they are producing energy. They
said, we have a problem with what we are paying for energy. It is a
cost problem. So in this bill, we appropriate $6.8 million for the Army
to pay its energy bills; and by the way, we waive points of order on
that.
We appropriate $7.2 million for the Navy to pay its electrical bills,
and we waive the points of order on that; and we appropriate $3 million
for the Air Force to pay its electrical bills, for a total of $17
million.
Now, I support that, but I want it to be known that we are being two-
faced here when we say we are going to pay for the military and nobody
else; nobody else gets any cost reduction.
The last debate was about how a cap is put on those costs, and I
think it was an appropriate debate to have.
Now, the amendment that I am presenting is essentially to answer that
other accusation. It is, let us fix the infrastructure. Well, Mr.
Chairman, in the United States there are about 13 gridlocks. There are
places where the power cannot get through the transmission line. There
is too much power on one side and a need for power on the other, and it
is too tight. It is too old. It is too archaic. This simple amendment
would appropriate $350 million nationally to have applications for
those funds on the basis that one could not get a loan anywhere else
and that the President would have to declare that these, indeed,
gridlocks are an emergency.
It is a simple amendment. It has to be paid back in 25 years, and it
answers what this accusation is in Washington: let us fix the
transmission problems; let us fix the distribution problem.
The reason they need to have a Federal guarantee is because these
gridlocks are owned by a whole consortium of companies. No one of them
can stand alone and qualify for those loans. It is a complicated
ownership. It is so complicated that these transmission gridlocks,
which are pointed out in the President's energy report, are a serious
problem; so serious that the Secretary of Energy testified that during
the summer of 2000 cool weather in the Midwest and hot temperatures in
the South created a heavy north-to-south flow of lower-cost energy to
serve air conditioning loads. Because the transmission system was
unable to accommodate the heavy loads, regions in the South had to rely
on inefficient, older generation units at higher prices. Went on to
say, high density urban areas such as Chicago, New York and others have
also old, inefficient, obsolete power transmission systems. This
amendment would fix that.
Mr. Chairman, I suggest that this amendment is exactly putting money
where our mouth has been for the last 6 months.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Alabama (Mr. Callahan), the chairman of
the Subcommittee on Energy and Water Development.
Mr. CALLAHAN. Mr. Chairman, I must admit that I am somewhat confused
because on the one hand we see a few minutes ago some on the other side
accusing the energy companies of price gouging and making excessive
profits during this current energy crisis and seeking to impose a cap
on those companies and obtain funds for unjust and unreasonable rates,
refunds. Now, in the next minute, they want us to feel sorry for these
poor energy companies that are so financially strapped that we have to
give them a federally guaranteed loan. I know that there are some who
think that this might be a good idea, but it certainly makes no sense.
Maybe the distinction being proposed is that we should punish those
companies and utilities that made successful business decisions and are
making a profit and reward those that made bad business decisions by
giving them government loans.
We realize that there are some very serious problems with the
transmission grid in the West. We know that. I disagree with the
Governor of California. When I was out there 2 or 3 weeks ago, I
watched television and the only thing I saw the Governor doing in a
progressive sense was point his finger at Washington and to tell George
W. Bush this is his fault.
What I would like to tell the Governor and the people of California,
this is not George W. Bush's fault. It is not the fault of the Congress
of the United States. We are the body and he is the President that is
going to provide the relief that is absolutely necessary for the crisis
that they are in.
[[Page H3317]]
So it is not a question of whether or not we are going to help these
companies by giving them loan guarantees that admittedly, based on the
statement the gentleman has made, these companies are insolvent. So we
are going to give them loan guarantees to continue what they are doing
now?
No, we are not. We are going to come through, as the President and
the Vice President has come through in his energy policy, and give them
a reasonable amount of time to develop a coherent and comprehensive
plan for the transmission grid.
On the immediate basis, what we have done in this bill and what we
are doing, the supplemental before us today takes action on the most
obvious transmission grid problem, the bottleneck called Path 15 in
California. Our bill provides $1.5 million so the Western Area Power
Administration can complete the necessary planning and environmental
studies so this project can go forward. So we have done something about
the crisis in California. We do it in this bill. We provide for that
major bottleneck, an opportunity to do immediate studies so we can help
correct them; but we are coming to help.
We are not the enemy. We are friends. George Bush did not create
this. The Congress did not, but George W. Bush and the Congress of the
United States are going to help our friends and our beloved people of
California in that wonderful, beautiful State have the necessary power
and the grids to carry that power.
Mr. FARR of California. Mr. Chairman, I yield 1 minute to the
distinguished gentlewoman from Missouri (Ms. McCarthy).
(Ms. McCARTHY of Missouri asked and was given permission to revise
and extend her remarks.)
Ms. McCARTHY of Missouri. Mr. Chairman, I rise in support of the
amendment by the gentleman from California (Mr. Farr). This emergency
supplemental is exactly the vehicle that should include measures to
address the current energy emergency out West and relieve transmission
congestion in the Midwest and avoid similar problems in other parts of
the country before we have a repeat of this crisis.
The Committee on Energy and Commerce held several hearings on the
electric emergency bill over the past couple of months and identified
transmission expansion as vital to California's situation. One of the
components of the legislation was expansion of the Path 15 transmission
lines that could deliver an additional 1,500 megawatts of power to
California from the northwest. That measure identified the need for
Path 15 expansion at $220 million. During that hearing, I asked
witnesses what stood in the way of getting Path 15 transmission lines
expanded and upgraded, and the director of that Western Power
Association said, an appropriation.
Mr. Chairman, the Committee on Energy and Commerce did not authorize
an appropriation, but the chairman indicated that they felt they had
that authorization already. We just need to step up to the plate. So
funds to upgrade transmission systems all over our country is the most
critical problem we can address today for our Nation's energy future.
Besides the efforts to upgrade Path 15, the creation of the loan fund
in the Farr amendment will allow for investment in other approaches to
upgrade the transmission systems that have lacked commercial support.
I urge adoption of the amendment.
Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.
Mr. FARR of California. Mr. Chairman, I yield 1 minute to the
distinguished gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, we are asked to work in a bipartisan
way. The gentlewoman from California (Ms. Lofgren) has a bill on
fusion; my friend, the gentleman from California (Mr. Farr). The
President spoke about Path 15 and the inability for us to get power
transmission. All the positives that the Members on both sides of the
aisle are working together with, if we do not have a way to get that
power to our constituents, it is all for naught, whether it is ANWR,
whether it is electric, whether it is whatever. That is why I think
that this is a good amendment.
My colleagues on my own side of the aisle sought not to support this
amendment, but I would say that there are many, many bipartisan
supporting activities. The exploration of ANWR, some are against it;
some are for. The things that we want to do and look at: clean coal,
some are for; some are against. We can take all of these positives that
we are working on, and I think people would listen and say we are
fighting each other on caps.
{time} 1715
I think caps historically are wrong and will be detrimental. But the
amendment of the gentleman from California (Mr. Farr) is exactly what
the President spoke about in his own power projection plan. That is the
reason I rise in support.
Mr. FARR of California. Mr. Chairman, I yield 1 minute to the
gentleman from Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Chairman, the gentleman from Alabama said it is not
the fault of the Congress. It is the fault of the Congress. It was the
1992 Energy Act, which I opposed, which brought about and enabled the
State of California to deregulate and brought about Federal
deregulation of wholesale power transmission and generation. It is the
fault of the Congress.
They say it is not the fault of the administration. It is the fault
of the administration. The buck stops there. The President has
appointed a majority of the Federal Energy Regulatory Commission. He
appointed the Chair of the Federal Energy Regulatory Commission, who
would not do anything, even though his own staff had said they are
violating the law, the prices are unjust and unreasonable. So there is
plenty of blame to go around on the Federal level.
There should be Federal support to solve this problem. It involves
Federal power agencies. The gentleman from another part of the country,
he is familiar with TVA. That is a Federal agency. We have WAPA, we
have EPA, we have other Federal agencies involved in power transmission
in the West. They need funds to enhance that transmission to get us out
of this problem and more efficiently use the power west-wide.
What are the jerks at FERC doing? They are proposing a market-based
congestion management pricing system which will give us a California
every day on the transmission system.
Mr. FARR of California. Mr. Chairman, I yield 1 minute to the
gentleman from Washington (Mr. Inslee).
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes 10 seconds to
the gentleman from Washington.
The CHAIRMAN. The gentleman from Washington is recognized for 4
minutes 10 seconds.
Mr. INSLEE. Mr. Chairman, I would like to note the graciousness of
the gentleman from Florida (Chairman Young) in allowing us to speak and
address this issue in debate today. We appreciate that. But I also want
to note that people do not pay us to talk here, although we do that a
bit. They pay us for action. And the majority is not allowing a vote by
the elected representatives of this Chamber on two or three of the most
important issues in the West Coast and that part of the country right
now, refunds for consumers and small business people, on inadequate
price limitation.
Despite the graciousness on debate of the gentleman from Florida (Mr.
Young), which we have had plenty of, we have had plenty of debate, but
we are having no votes, and America, in the small democratic tradition,
with a small D, ought to have votes.
So I want to yield to the gentleman from Florida (Mr. Young) and ask
him a very sincere question: We have many people who have paid
literally billions of dollars too much in their electrical bills in the
West Coast in the last several months. We have small businesses going
out of business because of that.
Does the gentleman join us in asking for a vote on these issues in
some bill in the next couple of weeks?
Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
Mr. INSLEE. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. Mr. Chairman, I would respond in this way: This
is an important subject. This is an important matter. What I am trying
to do is to protect the institution, and the institution provides for
appropriations bills and for authorization bills. The way to deal with
these issues, because
[[Page H3318]]
they are authorizing in nature, they change the law, is to write a
bill, introduce it, take it to the committee of jurisdiction and
persuade that committee to bring the bill to the floor.
If we do not do that, what happens is every appropriations bill that
comes before the Congress is going to get overburdened with amendments
that are not appropriations in nature. At the end of every year,
Members complain bitterly sometimes that everything is being held up,
we cannot come to a conclusion on this or that. Most of the issues that
hold us up at the end of a Congress are legislation on appropriations
bills, riders that have no place on appropriations bills. We are trying
to protect the integrity of the rules of this institution.
Just one further point: All of these amendments that we are talking
about here were presented in the committee, and they were debated at
great length in the committee, and in fact there were votes on all of
these amendments in the committee. So there have been votes at the
Committee on Appropriations level.
Mr. INSLEE. Mr. Chairman, reclaiming my time, I appreciate what the
gentleman has to say, but the fact of the matter is we have been trying
to get a vote for these through the regular order, through an
authorization bill, for over 6 months, while my people are dying on the
vine paying these extraordinary bills, and yet the majority has not
allowed these bills a vote by this Chamber, the elected
representatives.
I want to ask a simple question: I just want to ask the gentleman,
will the gentleman help us ask the Republican leadership of this House,
bring these bills to the floor for consideration in the next couple of
weeks so we can have an up or down vote and see where the votes lie?
Mr. YOUNG of Florida. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I would just take the time to advise the gentleman that
our leadership knows of the gentleman's concern. As the gentleman has
noticed from the debate that has taken place today, there is a strong
disagreement as to whether these amendments would actually solve the
problem or add to the problem.
Now, this situation deserves hearings, it deserves an opportunity to
be investigated by the committee that has jurisdiction and has more
knowledge than the Committee on Appropriations.
So, I would be happy to tell the gentleman, the leadership already
knows about this debate. I repeat, there is a strong difference of
opinion as to what the effect of these amendments would be. Those on
our side believe that they would be negative, have the opposite effect
of what your side believes. The amendments should be considered by an
authorizing committee that has jurisdiction, and they can have hearings
and investigate and make the decisions based on what the facts really
are.
Mr. FARR of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I thank the gentleman from Florida (Mr. Young), the
chairman of the Committee on Appropriations, for this debate. Let me
point out on page 38 of the bill, it says, ``The bill includes several
appropriations that are not authorized by law and, as such, may be
construed as legislative in nature. The bill includes several emergency
appropriation designations that may be construed as legislative in
nature,'' and the first three that they list say that language has been
included for the Department of Defense, military, in the operation and
maintenance, Army, which extends availability of funds for California
energy demand reduction, and goes on to repeat that for the Navy and
the Air Force. In fact, it goes on and lists 35 waivers.
Now, the point here is that I think that we are all, and this is the
problem, we are sort of getting into this blame game, and I hope we can
get off the blame game and really help solve the problem.
There has been a suggestion here that in this emergency, which the
Secretary of Energy has indicated is a problem, that we ought to
appropriate money which the committee of jurisdiction said was an
appropriations problem. Here is an appropriations bill that is declared
as an emergency that ought to solve that, and points of order have been
waived for other provisions recognizing it is an emergency.
That is all that I am trying to point out, is that we have got to
deal with the availability of funding. If we are going to talk about
infrastructure improvement, let us improve infrastructure. If we are
going to talk about cost, let us not just help the military, and I
support 100 percent of what we are doing here, but I think we leave it
flat by also not helping the civilian community. That is an emergency
as well as it is for the military.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation on an appropriations bill and therefore
violates clause 2 of rule XXI.
The rule states in pertinent part: ``An amendment to a general
appropriations bill shall not be in order if changing existing law.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985 and as
such constitutes legislation in violation of clause 2 of rule XXI.
Mr. Chairman, I insist on my point of order.
The CHAIRMAN. The gentleman insists on his point of order.
Does the gentleman from California wish to be heard on the point of
order?
Mr. FARR of California. No, Mr. Chairman.
The CHAIRMAN. The Chair finds that this amendment includes an
emergency designation under section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985. The amendment therefore
constitutes legislation in violation of clause 2 of rule XXI.
The point of order is sustained and the amendment is not in order.
The Clerk will read.
The Clerk read as follows:
Other Defense Related Activities
Defense Environmental Restoration and Waste Management
For an additional amount for ``Defense Environmental
Restoration and Waste Management'', $100,000,000, to remain
available until expended.
Defense Facilities Closure Projects
For an additional amount for ``Defense Facilities Closure
Projects'', $21,000,000, to remain available until expended.
Defense Environmental Management Privatization
For an additional amount for ``Defense Environmental
Management Privatization'', $27,472,000, to remain available
until expended.
CHAPTER 3
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $67,400,000: Provided, That notwithstanding any other
provision of law, such funds may be obligated or expended to
carry out planning and design and military construction
projects not otherwise authorized by law.
Military Construction, Navy
For an additional amount for ``Military Construction,
Navy'', $10,500,000: Provided, That notwithstanding any other
provision of law, such funds may be obligated or expended to
carry out planning and design and military construction
projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $8,000,000: Provided, That notwithstanding any other
provision of law, such funds may be obligated or expended to
carry out planning and design and military construction
projects not otherwise authorized by law.
Family Housing, Army
For an additional amount for ``Family Housing, Army'',
$29,480,000 for operation and maintenance.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and
Marine Corps'', $20,300,000 for operation and maintenance.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'',
$18,000,000 for operation and maintenance.
Base Realignment and Closure Account, Part IV
For an additional amount for deposit into the ``Department
of Defense Base Realignment and Closure Account 1990'',
$9,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. (a) Cadet Physical Development Center.--
Notwithstanding section 138
[[Page H3319]]
of the Military Construction Appropriations Act, 2001
(division A of Public Law 106-246; 114 Stat. 524), the
Secretary of the Army may expend appropriated funds in excess
of the amount specified by such section to construct and
renovate the Cadet Physical Development Center at the United
States Military Academy, except that--
(1) such additional expenditures may be used only for the
purposes of meeting unanticipated price increases and related
construction contingency costs and making minor changes to
the project to incorporate design features that result in
reducing long-term operating costs; and
(2) such additional expenditures may not exceed the
difference between the authorized amount for the project and
the amount specified in such section.
(b) Limitations and Reports.--No sums may be expended for
final phase construction of the project until 15 days after
the Secretary of the Army submits a report to the
congressional defense committees describing the revised cost
estimates referred to in subsection (a), the methodology used
in making these cost estimates, and the changes in project
costs compared to estimates made in October, 2000. Not later
than August 1, 2001, the Secretary of the Army shall submit a
report to the congressional defense committees explaining the
plan of the Department of the Army to expend privately
donated funds for capital improvements at the United States
Military Academy between fiscal years 2001 and 2011.
Sec. 1302. Except as otherwise specifically provided in
this Chapter, amounts provided to the Department of Defense
under each of the headings in this Chapter shall be made
available for the same time period as the amounts
appropriated under each such heading in Public Law 106-246.
(rescission)
Sec. 1303. Of the funds provided in previous Military
Construction Appropriations Acts, $70,500,000 is hereby
rescinded as of the date of the enactment of this Act.
TITLE II
OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
GENERAL PROVISION--THIS CHAPTER
Sec. 2101. The paragraph under the heading ``Rural
Community Advancement Program'' in title III of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (as enacted by
Public Law 106-387; 114 Stat. 1549A-17), is amended--
(1) in the third proviso, by striking ``ability of'' and
inserting ``ability of low income rural communities and'';
and
(2) in the fourth proviso, by striking ``assistance to''
the first place it appears and inserting ``assistance and
to''.
CHAPTER 2
DISTRICT OF COLUMBIA
District of Columbia Funds
Governmental Direction and Support
(including rescission)
For an additional amount for ``Governmental Direction and
Support'', $5,400,000 from local funds for increases in
natural gas costs.
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2001, approved
November 22, 2000 (Public Law 106-522; 114 Stat. 2447),
$250,000 to simplify employee compensation systems is
rescinded.
Economic Development and Regulation
For an additional amount for ``Economic Development and
Regulation'', $1,625,000 from local funds to be allocated as
follows: $1,000,000 for the implementation of the New E-
Conomy Transformation Act of 2000 (D.C. Act 13-543); and
$625,000 for the Department of Consumer and Regulatory
Affairs to carry out the purposes of D.C. Code, sec. 5-513:
Provided, That the fees established and collected pursuant to
Bill 13-646 shall be identified, and an accounting provided,
to the Committee on Consumer and Regulatory Affairs of the
Council of the District of Columbia.
Public Safety and Justice
(including rescission)
For an additional amount for ``Public Safety and Justice'',
$8,901,000 from local funds to be allocated as follows:
$2,800,000 is for the Metropolitan Police Department of which
$800,000 is for the speed camera program and $2,000,000 is
for the Fraternal Order of Police arbitration award and the
Fair Labor Standards Act liability; $5,940,000 is for the
Fire and Emergency Medical Services Department of which
$5,540,000 is for pre-tax payments for pension, health and
life insurance premiums and $400,000 is for the fifth fire
fighter on trucks initiative; and $161,000 is for the Child
Fatality Review Committee established pursuant to the Child
Fatality Review Committee Establishment Emergency Act of 2001
(D.C. Act 14-40) and the Child Fatality Review Committee
Establishment Temporary Act of 2001 (D.C. Bill 14-165).
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2001, approved
November 22, 2000 (Public Law 106-522), $131,000 for Taxicab
Inspectors is rescinded.
Public Education System
(including transfer of funds)
For an additional amount for ``Public Education System'',
$2,000,000, of which $250,000 shall be derived by transfer
from the amount provided under the heading ``Federal Payment
for Plan To Simplify Employee Compensation Systems'' in the
District of Columbia Appropriations Act, 2001 (Public Law
106-522; 114 Stat. 2444) and $1,750,000 from local funds, to
be allocated as follows: $1,000,000 from local funds for the
State Education Office for a census-type audit of the student
enrollment of each District of Columbia Public School and of
each public charter school; and $1,000,000, of which $250,000
shall be from the funds transferred earlier in this paragraph
and $750,000 from local funds, for the Excel Institute Adult
Education Program: Provided, That section 108(b) of the
District of Columbia Public Education Act, Public Law 89-791
as amended (D.C. Code, sec. 31-1408), is amended by adding at
the end of the paragraph the following: ``In addition, any
proceeds and interest accruing thereon, which remain from the
sale of the former radio station WDCU in an escrow account of
the District of Columbia Financial Management and Assistance
Authority for the benefit of the University of the District
of Columbia, shall be used for the University of the District
of Columbia's Endowment Fund, and such proceeds may be
invested in equity based securities if approved by the Chief
Financial Officer of the District of Columbia.''
Amendment Offered by Mr. Knollenberg
Mr. KNOLLENBERG. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Knollenberg:
Page 19, line 25, strike ``$2,000,000'' and insert
``$14,000,000''.
Page 20, line 5, strike ``$1,750,000'' and insert
``$13,750,000''.
Page 20, line 6, insert after the colon the following:
``$12,000,000 from local funds for the District of Columbia
Public Schools to conduct the 2001 summer school program;''.
Mr. KNOLLENBERG. Mr. Chairman, I rise to offer an amendment to
allocate $12 million of the District of Columbia's local funds for the
city's summer school program. These funds are the city's own money and
they are taken from the unobligated surplus funds. This amendment has
no cost, no cost, to the Federal Government. Simply put, Federal money
is not involved.
I have long held that education is one area that I want to focus on
as the chair of the Committee on Appropriations Subcommittee on the
District of Columbia. In fact, my first trip into the city to visit
some of the local schools and the subcommittee's very first hearing
this year was on education.
{time} 1730
I am not alone in my attention to the District of Columbia schools.
President George Bush and First Lady Laura Bush have visited schools in
our Nation's Capital. The First Lady also champions a local initiative
that will hire 100 professionals and put them into the city's
classrooms.
This amendment is the continuation of this mutual commitment.
For the past few years, the D.C. public school system has received
money from the Federal Department of Education, and the officials have
been working with them to secure the summer school funds for fiscal
year 01. Recently, it has become apparent that the funds will not be
forthcoming from the Federal agency for the current fiscal year and
local officials have been scrambling to find or address the looming
shortfall. After all, if the funds are not available, the summer school
doors will remain locked and the kids will not be able to get the
education they deserve.
I must confess some disappointment as to how we arrived at this
point. The mayor and the city council sent a supplemental package to
Congress on May 22, but it contained no money for the summer school
program and I think surely someone must have known this was looming.
In fact, I did not receive any notice about the $12 million shortfall
until Friday, June 8, nearly 3 weeks after the mayor and the council
sent their request to Congress. And I saw no justification or language
until the following Wednesday evening, June 13, which was the night
before the full committee markup of the supplemental. I know the
gentleman from Pennsylvania (Mr. Fattah) and I were unprepared to
address this last Thursday in full committee because details were still
coming in at that time and there were remaining questions that had not
been answered. Since then, further details have been slow to come, but
most arrived just yesterday after some prodding from the gentlewoman
from the District of Columbia (Ms. Norton), and I thank her for that
assistance, and now we have what we want. I look forward to working
more
[[Page H3320]]
closely with District officials to ensure that we are provided with
materials and answers to questions at the beginning of the process.
Mr. Chairman, if this amendment is not a part of the supplemental
bill, then thousands of kids will not be able to attend summer school
in the District of Columbia. Regardless of how we got here this
evening, it is critical we pass this amendment.
I want to reiterate that the $12 million in the amendment is not
Federal money, but merely allocating funds from the unobligated local
surplus that the District has accumulated through the careful financial
management by Mayor Anthony Williams. There will be no impact on the
Federal budget as a result of this amendment.
Mr. Chairman, I urge Members to support the amendment. I yield to the
gentleman from Florida (Mr. Young), the chairman of the full committee,
for any comments he might wish to make.
Mr. YOUNG of Florida. Mr. Chairman, I want to compliment the
gentleman as the new chairman of the Subcommittee on the District of
Columbia. He has done an exceptional job in bringing a great
communication between the Congress and the District of Columbia.
This is a good amendment. As he said, this is not Federal funds, this
is District of Columbia funds. This is a germane amendment, it is an
appropriation amendment, and I support the gentleman's amendment.
Mr. KNOLLENBERG. Mr. Chairman, I thank the gentleman.
Mr. FATTAH. Mr. Chairman, I move to strike the last word.
I would like to thank the chairman of the full committee for
accepting this amendment, along with the ranking member. I brought this
up in the committee meeting and with an agreement of the chairman of
the subcommittee, we held it back because the chairman assured me and,
as is his word, he is here on the floor today, making sure that the
30,000 children in the District of Columbia will be able to participate
in summer school.
The District of Columbia has had a renaissance: 4 years of surpluses
and upgrades in all of its bond ratings. It has a large cash reserve,
and it is really unfortunate that the District even has to come to the
Congress to ask to spend its own money on behalf of its own children
for summer school. This is the first year, as the chairman mentioned,
that it had not received from the Federal Government support for its
summer school program, which is disappointing. I am sure that Secretary
Paige and the Bush administration, because of their extraordinary
commitment to the D.C. schools, next year we will not be in this
situation and the Department will provide support for its summer
school.
Nonetheless, the District has made a way, and the chairman has made
it available through this amendment. I want to thank him.
I also want to say that this would not have been possible without the
leadership and support of the gentlewoman from the District of Columbia
(Ms. Norton). I want to thank her for the extraordinary leadership that
her office provided.
I wish the superintendent, Paul Vance, well. He is doing a tremendous
job. Summer school for these young people will be as important here in
the District as it is back home in our districts for the young people
there. I want to thank the gentleman from Michigan (Mr. Knollenberg),
the chairman of the subcommittee, for following through on his
commitment made in the committee markup to bring this matter to the
floor once we had further information.
Ms. NORTON. Mr. Chairman, I rise to strike the last word.
Mr. Chairman, I need to rise first to thank the gentleman from
Michigan (Mr. Knollenberg), the chairman of the subcommittee, and the
gentleman from Pennsylvania (Mr. Fattah), the ranking member. I thank
the gentleman from Michigan for the great attention, for the scrupulous
and careful, tough oversight, but always fair oversight he is rendering
as subcommittee chair. And I thank the gentleman from Pennsylvania, who
brings a profound understanding of the District and its operations, the
first big city ranking member we have had in some years now. The
chairman and the ranking member have worked so well together, and that
is why we are here today.
Let me apologize for taking up the time of the body on whether local
jurisdiction can spend its own local money on its own children. I am
inclined to think it is pathetic, but this is the procedure that is
used here. I hope to have an amendment before this body that will keep
this body from spending its time this way.
The superintendent I think held out hope, he is a new superintendent,
that Federal funds that have been forthcoming will be forthcoming this
year. They were not. Yet, this is the 3rd year of a summer school
virtual extension of the school year, and it is extended and expanded
because we have so many students who test at basic or below basic and
because the first 2 years of this expanded summer school have had such
a big payoff in educational achievement. I think the body should
commend this pioneering program to other districts, because there is
none in the United States that does not need it.
Essentially what it does is to extend the school year here from 5 to
6 weeks with a 20 percent increase from 22,000 to 30,000 students. This
means almost half of the school students in the District of Columbia
will be in this Summer Stars program. This is a 267 percent increase in
the size of the program, with only a 50 percent increase in funds.
The key to the program is a 15-to-1 student-teacher ratio and a 12-
to-1 ratio for special education students. The reason the program is
expanding is because of the consistent increase in post-test scores
over pre-test scores, and in the same significant improvement in the
SAT 9 scores. This program is required of every student in the District
of Columbia who scored basic or below basic in reading and math. That
is the morning program. There is an afternoon program that is optional
for children who scored proficient or advanced in reading and math and
for all English learners and special education students. Something that
works so well and is so well documented I hope will be voted by
acclamation. Every child in the United States who needs extended
educational opportunities in the summer should have a similar
opportunity. I hope Members will look at this program for their own
districts.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Knollenberg).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Human Support Services
For an additional amount for ``Human Support Services'',
$28,000,000 from local funds to be allocated as follows:
$15,000,000 for expansion of the Medicaid program; $4,000,000
to increase the local share for Disproportionate Share to
Hospitals (DSH) payments; $3,000,000 for the Disability
Compensation Fund; $1,000,000 for the Office of Latino
Affairs for Latino Community Education grants; and $5,000,000
for the Children Investment Trust.
Public Works
For an additional amount for ``Public Works'', $131,000
from local funds for Taxicab Inspectors.
Workforce Investments
For expenses associated with the workforce investments
program, $40,500,000 from local funds.
Wilson Building
For an additional amount for ``Wilson Building'',
$7,100,000 from local funds.
Enterprise and Other Funds
Water and Sewer Authority and the Washington Aqueduct
For an additional amount for ``Water and Sewer Authority
and the Washington Aqueduct'', $2,151,000 from local funds
for the Water and Sewer Authority for initiatives associated
with complying with stormwater legislation and proposed
right-of-way fees.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'', for
emergency expenses due to flooding and other natural
disasters, $18,000,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
[[Page H3321]]
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance,
General'', for emergency expenses due to flooding and other
natural disasters, $115,500,000, to remain available until
expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That using $1,900,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of
Engineers, is directed to undertake the project authorized
by section 518 of Public Law 106-53, at full Federal
expense.
Flood Control and Coastal Emergencies
For expenses necessary for emergency flood control,
hurricane, and shore protection activities, as authorized by
section 5 of the Flood Control Act of August 18, 1941, as
amended, $50,000,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF ENERGY
Energy Programs
Non-Defense Environmental Management
For an additional amount for ``Non-Defense Environmental
Management'', $11,950,000, to remain available until
expended.
Uranium Facilities Maintenance and Remediation
For an additional amount for ``Uranium Facilities
Maintenance and Remediation'', $18,000,000, to be derived
from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended.
Power Marketing Administrations
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'', $1,578,000, to remain available until
expended: Provided, That these funds shall be non-
reimbursable.
GENERAL PROVISION--THIS CHAPTER
Sec. 2301. Of the amounts appropriated under the heading
``Operation and Maintenance, General'' under title I of the
Energy and Water Appropriations Act, 2001 (enacted by Public
Law 106-377; 114 Stat. 1441 A-62), the $500,000 made
available for the Chickamauga Lock, Tennessee, shall be
available for completion of the feasibility study for
Chickamauga Lock, Tennessee.
Amendment Offered by Mr. Filner
Mr. FILNER. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Filner:
In title II, at the end of chapter 3, insert the following:
Federal Energy Regulatory Commission
salaries and expenses
(including transfers of funds)
For an additional amount for ``Salaries and Expenses'',
$1,000,000, for establishment of a maximum price for
wholesale sales of electricity at rates that are unjust,
unreasonable, or unduly discriminatory or preferential and to
provide for the refund of prices paid in excess of such
maximum price, to be derived by transfer from funds made
available under title I: Provided, That the Director of the
Office of Management and Budget shall determine the amount to
be transferred from each account in title I: Provided
further, That the Director shall not transfer any amounts
from the funds made available under the headings ``Military
Personnel'', ``Defense Health Program'', ``Family Housing,
Army'', ``Family Housing, Navy and Marine Corps'', and
``Family Housing, Air Force''.
Mr. YOUNG of Florida. Mr. Chairman, I rise to reserve a point of
order. Although this amendment was not part of the originally agreed-
upon unanimous consent, I will not make the point of order until the
gentleman has his 5 minutes, but after he has explained the amendment,
I will make the point of order against the amendment.
The CHAIRMAN. Does the gentleman reserve his point of order?
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order.
Mr. FILNER. Mr. Chairman, I thank the gentleman from Florida (Mr.
Young) for his courtesy.
This item, which provides money to the Federal Energy Regulatory
Commission for the purpose of establishing cost-base rates in the
western region of our electricity grid and to provide for refund of all
of the criminal overcharges that California and the West has
experienced since last June.
Now, we have debated on this floor amendments similar to this. I
would just like to add for my colleagues some information.
I represent San Diego, California, which was at ground zero for the
crisis that we are experiencing in the West and, I predict, soon in the
rest of the United States. The experience we had in San Diego is that
when our retail market was fully deregulated, and I will say to those
who say full regulation never occurred in California, it did in San
Diego. Both the retail and wholesale prices were fully deregulated, and
I will tell my colleagues that within 30 days of deregulation, prices
doubled on all businesses and individuals in San Diego County. At the
end of 60 days, prices tripled. There was literally a revolution and
panic in San Diego. Businesses closed up by the scores. If you were a
small business on the margins and you had an $800 bill for your monthly
electricity rates, and that bill went up to $1,500 and then to $2,500,
there is no way that you can survive.
I will tell the Chairman, a recent report by our San Diego County
Chamber of Commerce showed that, and I want my colleagues to listen to
this figure, because it is almost unbelievable: Sixty-five percent of
small businesses in San Diego County face bankruptcy this year if
electricity prices do not come down. Sixty five percent.
Now, I will tell my colleagues when a few percent of businesses are
wiped out with an earthquake or a flood or a fire, FEMA and the whole
Federal Government is into that area.
{time} 1745
Well, where is the Federal government in California and San Diego
when this kind of disaster strikes? Not only are we facing business
closings, bankruptcies, but individuals on fixed income cannot afford
their electricity bills, big businesses cannot afford the uncertainty
about the prices.
The biggest employer in my district may close this year, not just
because of the potential price increases, but because of blackouts and
uncertainty that they cannot keep up their production. This is
disaster.
The chairman has in the supplemental bill, and I heard his testimony
at the Committee on Rules, the first thing the chairman mentioned was
that $750 million of this bill was going for increased energy costs. He
recognize that the problem in the West is high prices of electricity.
There were no lectures in this bill about increasing supply or
decreasing demand. The chairman reimbursed the military for their high
prices. What about the small businesses in San Diego and California?
What about the people on fixed income? We need to bring the prices
down.
My colleagues on the other side of the aisle and the Vice President
and President have said that price controls do not produce a kilowatt
of electricity. They do not save a kilowatt of electricity. Hello, we
know that, but the Governor of California has a dozen plants online in
California to increase capacity. We are now the number one State for
energy conservation in this Nation. We are doing our share to increase
capacity and bring down demand, but it is the prices that are bleeding
us dry. It is the prices.
We paid, Mr. Chairman, $7 billion for all of our electricity 2 years
ago. Now last year we paid $27 billion without any increase in demand,
though a little increase in cost of production. We have faced bills of
between $50 billion and $70 billion this year, a ten-fold increase, a
ten-fold increase of prices, with no appreciable increase of demand or
increase of cost.
That is the problem, Mr. Chairman. The problem is the prices that are
bleeding us dry. They recognize the problem by increasing the military
expenditures in this field. We need to bring down the prices for the
small business people, for the big business people, for the families on
fixed incomes, for all families in San Diego, in California, and in the
West, and I will bet soon in the rest of the Nation.
Mr. Chairman, when we brought to the attention of FERC the increase
of prices in San Diego, we charged that the electricity cartel was
withholding supply. We charged that they were falsifying transmission
data to show that there was a problem with supply. We showed that they
were laundering electrons.
Do Members know what happened? FERC did an investigation. FERC found,
yes, the market was manipulated. The market was manipulated. They found
the prices to be unjust, unreasonable, and by Federal power law,
[[Page H3322]]
illegal. So we have been paying illegal prices, Mr. Chairman, for 1
year. We have been paying illegal prices for 1 year.
When FERC did nothing in November, December, January, February,
March, April, or May, what did they tell the electricity cartel? Go and
rob the State blind. Go and rob the region blind. Go and rob the
country blind. That is exactly what is happening.
I will tell the Members, whether they are in Florida or Pennsylvania,
they are going to face this next.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment.
The CHAIRMAN. The gentleman from Florida is recognized.
Mr. YOUNG of Florida. Mr. Chairman, I insist on the point of order
because it proposes to change existing law and constitutes legislation
on an appropriation bill, and therefore violates clause 2 of rule XXI.
The rule states, in pertinent part, ``An amendment to a general
appropriations bill shall not be in order if changing existing law.''
The amendment gives affirmative direction, in effect. I ask for a
ruling of the Chair.
The CHAIRMAN. Does the gentleman insist on the point of order?
Mr. YOUNG of Florida. Yes, Mr. Chairman.
The CHAIRMAN. Does the gentleman from California (Mr. Filner) wish to
be heard on the point of order?
Mr. FILNER. Yes, I do, Mr. Chairman.
The CHAIRMAN. The gentleman is recognized on the point of order.
Mr. FILNER. Mr. Chairman, I understand the technical point of order,
but my constituents do not understand how a technicality can prevent
dealing with this emergency in San Diego and in California.
The chairman knows, and I will not bother to ask, but the chairman
knows that there are hundreds if not thousands of provisions that have
been on appropriations bills since the gentleman's chairmanship that
have been passed through this Congress. The gentleman knows that items
which are not authorized are approved.
I heard the gentleman in an earlier statement saying they were
meaningless items in this bill. I do not know about that, but certainly
in other appropriations bills they have been significant
authorizations.
On behalf of my constituents, I would just plead to the gentleman, on
a technicality, do not insist on a point of order when we have this
emergency that is bleeding us dry. All the small businesses are at risk
in San Diego and in California. Please do not send them under.
The CHAIRMAN. The Chair is prepared to rule. The Chair finds that
this amendment includes language imparting direction. The amendment
therefore constitutes legislation in violation of clause 2 of rule XXI.
The point of order is sustained and the amendment is not in order.
Amendment Offered By Mr. Visclosky
Mr. VISCLOSKY. Mr. Chairman, I will be offering an amendment. We are
working with the majority to refine the language.
Mr. Chairman, I ask unanimous consent to be allowed to return to this
portion of the bill to offer my amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
Mr. YOUNG of Florida. Mr. Chairman, reserving the right to object, I
wonder if the gentleman would speak a little more directly into the
microphone and explain what his request is.
Mr. VISCLOSKY. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chairman, the staffs and Members are conversing
about the amendment that I am offering for $23.7 million for dam safety
and efficiency improvement. I believe we have reached an agreement, but
we do not have the final language prepared. I simply want to preserve
the prerogative to return to this point in the bill.
Mr. YOUNG of Alaska. Mr. Chairman, I understand the gentleman's
request. He is an important member of the Committee on Appropriations.
I certainly hope that the House will accommodate his request.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
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 24, after line 19, insert the following new chapter:
CHAPTER 3A
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
agency for international development
international disaster assistance
(including transfer of funds)
For an additional amount for ``International Disaster
Assistance'' for rehabilitation and reconstruction assistance
for India, to be derived by transfer from the amount provided
in chapter 1 of title I for ``Research, Development, Test and
Evaluation, Air Force'', $100,000,000, to remain available
until expended.
Ms. JACKSON-LEE of Texas (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
Mr. YOUNG of Alaska. Reserving the right to object, Mr. Chairman, I
do so to reserve a point of order. Although this amendment was not part
of the original agreement, I will not make the point of order until the
gentlewoman has concluded her 5 minutes on the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
Ms. JACKSON-LEE of Texas. I appreciate the gentleman's statement, Mr.
Chairman. Both the chairman and the ranking member are very kind.
Mr. Chairman, as I indicated to the gentleman's staff, I stand here
speaking about a disaster that is very far away from Houston, Texas.
It so happened that I began my work with the members of the Indian
community, the Indo-American community, in Houston way before the
devastation of Tropical Storm Allison appeared in Houston, Texas.
This amendment is responding to the devastation that we are well
aware of that occurred some months ago in India, where 18,000 are dead,
166,836 are injured, and 600,000 are homeless.
Although I know a number of my colleagues have been working toward
assisting the Nation of India, this is an amendment to add $100 million
to the bilateral economic assistance line to provide resources for the
rehabilitation of India, after their devastating earthquake last year.
I can only say that it is part of our general attitude in this
country of extending our hand of assistance to those who have been
devastated. As I indicated to the chairman, I am far away from Houston,
Texas, on this particular amendment, but this is a long-standing work
that we have been doing.
The Indo-American community has been raising private funds throughout
the Nation. They have been trying to independently work to provide
resources to their loved ones in India. I am only hoping that, as we
proceed through the appropriations process, that we would have the
opportunity, though this amendment may be subject to a point of order,
that we will have the opportunity to work with the appropriate
subcommittee of the Committee on Appropriations to be sure that we
provide the necessary resources to help rebuild the devastating part of
India that this disaster took place in.
Although today I will come forward again speaking about the
devastation in Houston, I would be remiss not to continue the work that
I have done with the Indo-American community on trying to assist them
and the Nation of India.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order.
The CHAIRMAN. The gentleman from Florida is recognized.
Mr. YOUNG of Florida. Mr. Chairman, there will be an appropriate time
to consider this amendment. When the
[[Page H3323]]
authorizing bill is passed, the vehicle will be available.
But at the present time, I must make a point of order against the
amendment because it provides an appropriation for an unauthorized
program and therefore violates clause 2 of rule XXI. Clause 2 of rule
XXI states, in pertinent part, ``An appropriation may not be in order
as an amendment for an expenditure not previously authorized by law.''
Mr. Chairman, the authorization for this program has not been signed
into law. The amendment therefore violates clause 2 of rule XXI, and I
insist on the point of order.
The CHAIRMAN. The gentleman insists on his point of order.
Does the gentlewoman from Texas (Ms. Jackson-Lee) wish to be heard on
the point of order?
Ms. JACKSON-LEE of Texas. I do, Mr. Chairman.
The CHAIRMAN. The gentlewoman is recognized for that purpose.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I know authorizers and
appropriators have to work together. We were hoping this had been
authorized and that we could, frankly, find the exchange of funds.
Based upon the chairman's pronouncement, let me say that I will take
him at his word that we will work through the appropriating process so
that India will be able to have the secured funds that are necessary.
Although I would hope that the point of order would be withdrawn, I
thank the chairman.
The CHAIRMAN. The Chair is prepared to rule. The proponent of an item
of appropriation carries the burden of persuasion on the question of
whether it is supported by an authorization in law.
Having reviewed the amendment and entertained argument on the point
of order, the Chair is unable to conclude that the item of
appropriation in question is authorized in law.
The Chair is therefore constrained to sustain the point of order
under clause 2(a) of rule XXI. The amendment is not in order.
Amendment Offered by Mr. Visclosky
Mr. VISCLOSKY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Visclosky:
On page 24, after line 19, insert the following:
Sec. 2302. The amounts otherwise provided by this Act for
``National Nuclear Security Administration--Weapons
Activities'' are reduced by $23,700,000. For an additional
amount for ``Corps of Engineers--Civil--Operation and
Maintenance, General'', $23,700,000, to remain available
until expended.
Mr. VISCLOSKY (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Indiana?
There was no objection.
(Mr. Visclosky asked and was given permission to revise and extend
his remarks.)
Mr. VISCLOSKY. Mr. Chairman, I essentially would explain the
amendment that is for $23.7 million for desperately needed
rehabilitation, repair, and safety measures at dams under the
jurisdiction of the Army Corps of Engineers.
It is meant to improve the safety, reliability, and efficiency of
these facilities that are already in place, and with the recognition
that if we can improve efficiency by 1 percent, we can generate an
additional $3.3 billion kilowatt hours of electricity without the
construction of any additional facilities.
It is my understanding that the majority has agreed to the amendment.
I simply want to use my time to thank the gentleman from Florida
(Chairman Young), the gentleman from Alabama (Chairman Callahan), and
the gentleman from California (Chairman Lewis), for their deep
consideration and approval of this measure.
Mr. YOUNG of Florida. Mr. Chairman, I rise in support of the
amendment.
Mr. Chairman, we have had the opportunity to review the amendment. We
find it to be a very positive amendment. For the majority, I accept
this amendment.
Mr. MURTHA. Mr. Chairman, I move to strike the last word.
We have no objection to the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Visclosky).
The amendment was agreed to.
Mr. GREEN of Texas, Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I will not take all my time, but I would like to rise
and express opposition concerning the approach that is being taken
toward the Federal Emergency Management Administration disaster relief
funding.
Already this year we have 27 major disaster declarations across the
United States, including the devastating flood in Houston and
southeastern Texas caused by Tropical Storm Allison. The damage
estimates from this declaration are continuing to go up.
In fact, in today's paper in Houston we see that the estimates now
are up to $4.8 billion in losses just from 2 weeks ago in Houston,
Texas, and that is not counting the loss in Louisiana and to the
southeastern United States, all the way up to Pennsylvania this last
weekend.
{time} 1800
The provision in this bill to rescind the $389 million in FEMA
disaster relief should not be taken lightly, not only to my own
constituents in Houston but to all Americans who may suffer natural
disasters this year. My colleagues should understand there is an
amendment that will make it an across-the-board cut that will restore
about $330 million of this; but even with that, there is much to be
lost.
In fact, I have a letter from our U.S. Senator, Senator Kay Bailey
Hutchison, expressing concern about this cut, but also there is concern
that we may be looking at asking for an extra billion dollars for FEMA.
Because, again, as of 7:00 a.m. on June 19, yesterday, we had 47,348
claims filed with FEMA in just Houston, Texas, alone.
Again, this is really the early start of it, as my colleagues know
who have been through this before. I have not been through it in the
Houston area, like some of my colleagues, but the recision funding
could hinder FEMA's ability to provide quick and effective disaster
assistance, maybe not only in Houston but in future disasters.
Again, the Bush administration expressed concern about this with the
Office of Management and Budget in a letter, and I know if we do not do
it in this particular emergency spending, because that is what
emergency spending bills are about, disaster relief, then we will have
to fix it in the appropriations bill, Mr. Chairman; and that is what
concerns me.
Mr. Chairman, I have areas in northeast Harris County that literally
have been devastated, very urban areas, areas that are very costly to
try and even reach some kind of an amount that will help my
constituents.
I know there are efforts even now as we stand here tonight that FEMA
is offered to try and deal with mosquito control in Houston, because we
always have mosquito problems. Now we see that the number of mosquitos
is measured by how many landings they have on a person's exposed arm.
So anything above 25 is considered dangerous.
If you have your arm outside and 25 mosquitos light on it, and I do
not know how many would be willing to take 25, but we have more than
that, in fact, four times that rate in Houston, so FEMA has agreed to
fund $1.2 million to help spray for the mosquitos. Again, this is just
in one area of the loss from Tropical Storm Allison.
Again, I cannot implore to my colleagues, not only on the majority
side but on the minority side, to realize that disaster relief is
mounting and the recision of the $389 million should not happen; and
even the restoration of $330 million with cuts across the board may not
be enough.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
CHAPTER 4
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Operation of Indian Programs
For an additional amount for ``Operation of Indian
Programs'', $50,000,000, to remain available until September
30, 2002, for electric power operations at the San Carlos
Irrigation Project, of which such amounts as necessary may be
transferred to other appropriations accounts for repayment of
advances previously made for such power operations: Provided,
That the entire amount is
[[Page H3324]]
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
United States Fish and Wildlife Service
Construction
For an additional amount for ``Construction'', $17,700,000,
to remain available until expended, to repair damages caused
by floods, ice storms, and earthquakes in the States of
Washington, Illinois, Iowa, Minnesota, Missouri, Wisconsin,
New Mexico, Oklahoma, and Texas: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
National Park Service
United States Park Police
For an additional amount for ``United States Park Police'',
$1,700,000, to remain available until September 30, 2002, for
unbudgeted increases in pension costs for retired United
States Park Police officers.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
State and Private Forestry
For an additional amount for ``State and Private
Forestry'', $22,000,000, to remain available until expended,
to repair damages caused by ice storms in the States of
Arkansas and Oklahoma, and for emergency pest suppression and
prevention on Federal, State and private lands: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
National Forest System
For an additional amount for ``National Forest System'',
$12,000,000, to remain available until expended, to repair
damages caused by ice storms in the States of Arkansas and
Oklahoma and to address illegal cultivation of marijuana in
California and Kentucky: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Wildland Fire Management
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for
emergency rehabilitation, presuppression due to emergencies,
and wildland fire suppression activities: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Capital Improvement and Maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $4,000,000, to remain available until
expended, to repair damages caused by ice storms in the
States of Arkansas and Oklahoma: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. Of the funds appropriated to ``Operation of the
National Park System'' in Public Law 106-291, $200,000 for
completion of a wilderness study at Apostle Islands National
Lakeshore, Wisconsin, shall remain available until expended.
Sec. 2402. (a) The unobligated balances as of September 30,
2001, of the funds transferred to the Secretary of the
Interior pursuant to section 311 of chapter 3 of division A
of the Miscellaneous Appropriations Act, 2001 (as enacted
into law by Public Law 106-554) for maintenance, protection,
or preservation of the land and interests in land described
in section 3 of the Minuteman Missile National Historic Site
Establishment Act of 1999 (Public Law 106-115), are
rescinded.
(b) Subsection (a) shall be effective on September 30,
2001.
(c) The amount rescinded pursuant to subsection (a) is
appropriated to the Secretary of the Interior for the
purposes specified in such subsection, to remain available
until expended.
Sec. 2403. Section 338 of Public Law 106-291 is amended by
striking ``105-825'' and inserting in lieu thereof: ``105-
277''.
Sec. 2404. Section 2 of Public Law 106-558 is amended by
striking subsection (b) in its entirety and inserting in lieu
thereof:
``(b) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.''.
Sec. 2405. Federal Highway Administration emergency relief
for federally-owned roads, made available to the Forest
Service as Federal-aid highways funds, may be used to
reimburse Forest Service accounts for expenditures previously
completed only to the extent that such expenditures would
otherwise have qualified for the use of Federal-aid highways
funds.
CHAPTER 5
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Low Income Home Energy Assistance
For an additional amount for ``Low Income Home Energy
Assistance'' under section 2602(e) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621(e)), $300,000,000:
Provided, That these funds are for the home energy assistance
needs of one or more States, as authorized by section 2604(e)
of that Act and notwithstanding the designation requirement
of section 2602(e) of such Act.
DEPARTMENT OF EDUCATION
Education Reform
In the statement of the managers of the committee of
conference accompanying H.R. 4577 (Public Law 106-554; H.
Rept. 106-1033), in title III of the explanatory language on
H.R. 5656 (Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2001), in the matter relating to Technology Innovation
Challenge Grants under the heading ``Education Reform'', the
amount specified for Western Kentucky University to improve
teacher preparation programs that help incorporate technology
into the school curriculum shall be deemed to be $400,000.
Amendment Offered by Ms. DeLauro
Ms. DeLAURO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. DeLauro:
In chapter 5 of title II, strike the item relating to ``low
income home energy assistance'' and insert the following:
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'' under section 2602(e) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621(e)), $600,000,000:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such amount shall be available
only to the extent that an official budget request, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by
the President to the Congress.
For making payments for ``Low Income Home Energy
Assistance'' under section 2602(b) of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 8621(b)),
$1,400,000,000, which shall become available on October 1,
2001.
In chapter 9 of title II, in the item relating to ``Federal
Emergency Management Agency--disaster relief'', after the
dollar amount of the rescission, insert the following:
``(reduced by $300,000,000)''.
Ms. DeLAURO (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Connecticut?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment as agreed to earlier today and that there would be 10 minutes
on each side. So, Mr. Chairman, I reserve a point of order until that
10 minutes on each side has been concluded.
The CHAIRMAN. Pursuant to the order of the Committee today, the
gentlewoman from Connecticut (Ms. DeLauro) and the gentleman from
Florida (Mr. Young) each will control 10 minutes.
The Chair recognizes the gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my amendment would provide $600 million in emergency
funding for this fiscal year for the Low-Income Heating Energy
Assistance Program, the LIHEAP program, and $1.4 billion for fiscal
year 2002 in advance funding for the LIHEAP program. Equally critical,
it would restore $300 million to the Federal Emergency Management
Agency's Disaster Relief Fund.
The LIHEAP program is one of the most critical and successful
components of our social safety net. The program provides essential
heating and cooling assistance to almost 5 million low-income
households, including the working poor, those who are making the
transition from welfare to work, disabled persons, elderly and families
with young children, the most vulnerable in our society. The price
spikes with regard to costs of energy have a disproportionate effect on
these vulnerable populations.
They pay 20 percent of their income on energy bills, and that is
about four times on average the amount paid by other people. These are
folks who are making around $8,000 or less a year.
Mr. Chairman, the $150 million requested by the President and the 300
million included in this bill are inadequate. They do not meet the
needs of millions of working families and seniors who are facing
unbelievable energy
[[Page H3325]]
costs, no matter where you go in the United States.
In addition, all of the LIHEAP funds appropriated for this fiscal
year have been released and nearly half of the States have already
exhausted or nearly exhausted their funding.
Warm weather States facing the prospects of a hot summer will have
little relief without immediate emergency LIHEAP funds. The amendment
increases assistance to these families by providing this emergency
appropriation.
The funds are needed in order to address an immediate problem, an
immediate relief for those States who are trying to deal with
delinquent energy payments and then preparing for the effects of the
summer.
The amendment also provides $1.4 billion for LIHEAP for that
appropriation for the year 2002, and we need to do this now so that
there is no interruption of benefits for people who are suffering with
the high prices.
States need to have the advanced funding so that they can prevent the
cuts in benefits, they can determine eligibility levels, and they can
enter into contracts when the energy costs are low so that they do not
have to pay more when the cold weather hits.
Finally, the amendment would restore $300 million to the Federal
Emergency Management Agency's Disaster Relief Fund. These were
originally used to offset the $300 million the committee had set aside
for LIHEAP assistance.
As my colleagues have said earlier today, most of the South is
dealing with the aftermath of Tropical Storm Allison. This storm has
caused numerous fatalities and dumped 30 inches of rain in some areas
as it has ripped its way from Texas to New England.
Yesterday, FEMA director Joe Allbaugh stated that the costs are now
going to exceed $4 billion. They originally talked about $2 billion. As
my colleague from Texas pointed out, the Houston Chronicle this morning
talked about $4.8 billion, and they are not sure where this number is
finally going to land.
This is not the time, not the time to take money away from FEMA; but
it is the time when we ought to be strengthening what we are doing
here.
If we fail to act now, our most vulnerable population, people who are
struggling every single day to pay the high cost of energy, making
serious choices in what their lives are about in order to deal with
energy costs, they are going to be confronted continually with these
skyrocketing costs. We have an opportunity on an emergency basis to do
something about it. We should act today.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he might
consume to the distinguished gentleman from Ohio (Mr. Regula), the
chairman of the Subcommittee on Labor, Health and Human Services and
Education.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I rise in opposition to this amendment. I
recognize, of course, that the gentlewoman from Connecticut (Ms.
DeLauro), the proponent, is concerned; but let me say that we also
recognize there is a need out there.
The President recommended 150 million extra dollars and in the
subcommittee action as part of the full committee, we doubled that to
$300 million. And effectively, what this means that we have committed
for fiscal year 2001 a total of $2.5 billion.
Obviously, you add and add and add; but at some point we have to say
this is a reasonable amount, and this recognizes the responsibility of
the government and does provide a reserve for the balance of this
fiscal year of 300 additional million dollars, plus what was already in
the bill.
Last summer, we only used $35 million of the $600 million that was
provided in emergency funding, and those remaining funds are carried
into 2001, and they are available for this year's program. I think that
what we have done is recognize the importance of LIHEAP to those who
have fuel problems, and I think in putting in 300 million additional
dollars, we understand that and have been very generous in trying to
meet those needs.
Mr. Chairman, no one knows exactly what the weather is going to be,
but it seems to me that the $300 million represents a very reasonable
amount. It is double what the administration recommended. Again, I
think it expresses the concern that the members of the Committee on
Appropriations have for this program.
I would say to my colleagues that I believe we have been very
responsible in providing the $300 million and would reluctantly oppose
adding any more to this, because the supplemental is already
approaching a large sum of money.
On the issue of advanced appropriations, and that is also part of
this amendment, it provides for an advanced appropriation of $2 billion
for the LIHEAP program. While I understand there is a desire on the
part of the States to have as much advance notice on the funding level
as possible for the next fiscal year, I do not think it is a
responsible approach to advance appropriate that amount.
Obviously, when we get to the 2002 budget, and I am sure that the
gentlewoman understands that, we are going to be as generous as
possible in providing for LIHEAP funding for the fiscal year 2002, but
I think it is a little premature to put the money out now until we know
what the fiscal condition of the government will be; and what happens
with the extra money we put in for this year will give us a better feel
for what will be needed next year. Fortunately, energy costs are coming
down in many areas; and I believe this, too, will be a factor.
We probably will be doing a markup in September, and at that time the
Committee would be better able to evaluate the needs of 2002 rather
than to start at this point and advance fund the program.
Mr. Chairman, for the reasons I mentioned, I would urge my colleagues
to not vote for this particular amendment, because we have already gone
the extra mile in putting in the $300 million for this fiscal year.
Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.
Ms. DeLAURO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I might just say that the $300 million that was added
in is the money that came from the disaster relief account, and we know
that that money should not be taken out of the disaster relief account
and that the $1.4 billion that is here in my amendment is what the
President has requested.
Mr. Chairman, I yield 1 minute to the gentleman from Maine (Mr.
Baldacci).
(Mr. BALDACCI asked and was given permission to revise and extend his
remarks.)
Mr. BALDACCI. Mr. Chairman, I speak in support of the DeLauro
amendment. I share her belief that we need to provide additional
funding for the LIHEAP program. The State of Maine knows winter very
well. Winter in my State has lasted longer than normal. Significant
snowfall, colder temperatures, and high heating costs took a toll on
many households.
{time} 1815
As in other northeastern States, many Mainers rely on oil for their
heat. And as we all know, oil prices have been very high. Heating bills
were higher than normal, and it was too much for many households to
bear. The winter alone, the LIHEAP program served more than 53,000
Maine households, a 20 percent increase over the previous winter.
Unfortunately, the benefit was only $432. While appreciated, because of
the high energy costs and because of the larger pool of people, we
ended up not being able to meet the needs of most Maine families that
did qualify.
This is a tremendous social safety program for our Nation's poorest
and most vulnerable citizens and it keeps people in their homes, which
is something I know we are all committed towards. I think it is
unfortunate that we have not given the funding necessary.
Ms. DeLAURO. Mr. Chairman, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Tierney).
Mr. TIERNEY. Mr. Chairman, I thank the gentlewoman from Connecticut
for yielding me this time. Obviously, I want to congratulate the
gentlewoman from Connecticut for bringing this amendment forward. In
Massachusetts, there are 85,000 people who rely on LIHEAP in order to
get their fuel. I also want to commend the chairman of both the
committee and the subcommittee, because they have
[[Page H3326]]
taken a look at this and they have increased the numbers somewhat and
they are appreciative and sympathetic to the problems that people face.
I think, however, the gentlewoman from Connecticut makes the point
that we need more funds than the committee made available. We have
large amounts of people that face this problem. One need only talk to
the dealers who go out and deliver the oil in the winter to people in
my communities to know that time in and time out there are not enough
resources there for the people that need these services. So having this
money on hand makes an important statement and gives important
protection to people.
Mr. Chairman, I would ask that we go forward, approve this amendment
both with respect to the LIHEAP monies and also with respect to the
FEMA monies that have been asked for, because those situations are upon
us, they are real and people suffer otherwise. Again I thank the
gentlewoman for bringing forward this particular amendment and urge
Members to support it.
Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Chairman, I rise also in support of the DeLauro
amendment to double the LIHEAP emergency fund, to increase the
nonemergency LIHEAP block grants, and to restore the $300 million to
FEMA's disaster relief fund.
LIHEAP is an essential safety net for the millions of low-income
families who struggle to heat their homes in the winter and cool their
homes in the summer. For these people, this program is a matter of life
and death. For these people, many of whom live in my district, they
have to choose between putting groceries on their table or heating and
cooling their homes. For these people, they have to choose between
paying for their prescription drugs and heating and cooling their
homes.
We can do much better than this. The President's budget request of
$150 million was insulting and dangerous. The $300 million in this
bill, while an improvement, we could do so much better. We need the
$600 million proposed in this amendment to protect and save those lives
that we all say we care about.
Restoration of the FEMA disaster funds also makes sense, especially
in light of Tropical Storm Allison. Three months after the President
cut vital projects in the FEMA budget, Tropical Storm Allison reminds
us all that cutting vital funds for FEMA is a tragic mistake. This is a
good amendment. Please support it.
Ms. DeLAURO. Mr. Chairman, I yield 1 minute to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, I thank the gentlewoman for yielding me
this time, and I appreciate her bringing these issues before us.
We are dealing with the two elements of her amendment that actually
affect people's lives in the most direct and immediate sense. We are
watching, in the aftermath of Hurricane Allison, where we could have up
to $4 billion dealing with cleanup and related health costs. The
restoration of $300 million I would think would be the minimum that we
would do to be able to assure that we have the services that are
necessary.
In a time when we are dealing with global climate change, at least
the scientific community feels it is not time to study it, we must move
for action. Not having adequate energy assistance literally could mean
the difference between life and death for poor citizens who choose
between air-conditioning and heating and cooling when we have weather
extremes as it relates to global climate change. It makes me very
nervous.
I appreciate the gentlewoman bringing forth this amendment. I think
it can make a huge difference for the people we serve.
Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the very
distinguished gentleman from Texas (Mr. Barton).
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Chairman, I serve as the authorizing
subcommittee chairman of the Committee on Energy and Commerce that has
jurisdiction over the LIHEAP program. Earlier this year, we were trying
to move legislation to help the West Coast with their electricity
problem. The gentlewoman from California (Mrs. Bono) offered a LIHEAP
amendment authorizing an additional $100 million. The Bush
administration later came forward and said they were going to support
$150 million. The subcommittee and now the full committee in the
supplemental has raised that to $300 million.
If we look at the history of the program and look at the situation
both in terms of heating requirements in the colder regions of the
country and cooling requirements in the warmer regions of the country
for the summer, the amount of additional funding in the pending
supplemental should be more than adequate, if we consider the rollover
money that is carried forward that the gentleman from Ohio (Mr. Regula)
talked about in his statement several minutes ago.
Also, if we consider that we are going to have a FEMA increase
amendment, we think fairly quickly on the floor offered by three
Members, which increases FEMA with an offset to the rest of the bill, I
think we can handle that part of the amendment of the gentlewoman from
Connecticut.
So I know it is well meaning, but I would hope we would follow the
committee and reject this amendment and support the Toomey-Tancredo-
Flake amendment that should come later and we can act in a responsible
fashion. So I would oppose the gentlewoman's amendment.
Ms. DeLAURO. Mr. Chairman, I yield myself the balance of my time.
Let me just say to my colleagues that this is the emergency
supplemental bill. I do not think anyone could deny the whole issue of
energy prices, whether someone is from the West Coast, in the middle of
the country, or the East Coast; that there has been a severe crisis and
an issue with regard to the escalating energy costs.
The fact of the matter is that LIHEAP has proven to be a successful
program but always a program that is underfunded, and it does affect
the most vulnerable populations in this country. We know firsthand that
almost half of the States of these United States are out of money or
almost out of money. We have the hot summer months coming up. That we
can stand here today and not utilize this vehicle, which is for
emergency purposes, to bring some relief to people in this country, I
find somewhat mind-boggling.
On the issue of disaster relief, I am not from Texas, I am not from
Houston, we got only a piece of what this tropical storm was all about,
but I have heard from people on both sides of the aisle, I have been
reading and watching the news broadcasts, and the folks in Texas are in
trouble. They are in trouble. They keep doubling the costs of what this
disaster is going to be. The mosquito problem has just risen, and we
have agreed to pay a portion of that. Why do we want to knowingly take
money from the program that we know we are going to have to appropriate
to help people?
Our job is to represent those folks who send us here, no matter where
we are. This is the right thing to do.
Ms. SLAUGHTER. Mr. Chairman, I am proud to join my colleagues in
expressing my strong support for an increase in Low-Income Home Energy
Assistance Program's (LIHEAP) emergency funding level and advance
funding for fiscal year 2002. This advanced funding would allow LIHEAP
recipients to purchase home heating oil and natural gas early--during
the summertime--when home heating energy prices are lower. Thus, they
would get more bang for their buck.
If we have learned nothing over the past year, it should be that
short-term thinking does not work. Last winter, I learned about a
senior citizen in my district who lives on $515 a month from Social
Security. In addition to heavy medical costs, 19.7 percent of her
income has to go to paying her energy bills. Unfortunately, I am sure
her situation is not unique.
Currently, two-thirds of LIHEAP households have incomes of less than
$8,000 per year and even with assistance, the average LIHEAP family
already spends over 18 percent of its income on home energy costs,
compared with 6.7 percent for all households. Only 19 percent of the
households who are eligible receive LIHEAP assistance. At the same
time, last winter in my state, forty percent
[[Page H3327]]
more households were applying for Home Energy Assistance Program grants
than the previous year.
I am disappointed that Representative DeLauro's amendment was not
made in order. This increase in LIHEAP would be a significant first
step toward helping our residents pay for a basic necessity.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order at this
point.
The CHAIRMAN. The gentleman is recognized on his point of order.
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment of the gentlewoman from Connecticut (Ms. DeLauro) because
it proposes to change existing law and constitutes legislation on an
appropriation bill and therefore violates clause 2 of rule XXI.
The Rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985 and as
such constitutes legislation in violation of clause 2 of rule XXI, and
I insist on my point of order, Mr. Chairman.
The CHAIRMAN. Does the gentlewoman wish to be heard on the point of
order?
Ms. DeLAURO. Just very, very briefly, Mr. Chairman. I say to the
Chair of the committee that it is true this additional amount for
LIHEAP for this emergency contingency fund is not authorized. However,
last year Congress provided a $600 million emergency supplemental for
LIHEAP that was also not authorized. If we can overlook the lack of
authorization last year, I think when the need is greater this year we
can overlook it, particularly because it is of an emergency nature.
I also submit to you, Mr. Chairman, that there are several other
provisions in this supplemental that are provisions that have not been
authorized and yet they received waivers. I think we could waive the
point of order on this issue which affects the American folks so
deeply.
The CHAIRMAN. The Chair is prepared to rule. The Chair finds that
this amendment includes an emergency designation under section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985. The amendment therefore constitutes legislation in violation
of clause 2 of rule XXI.
The point of order is sustained and the amendment is not in order.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that
debate on the following specified amendments to the bill, and any
amendments thereto, be limited to the time specified, equally divided
and controlled by the proponent and myself as an opponent:
Number one, an amendment to be offered by the gentleman from
Pennsylvania (Mr. Toomey), as printed in part B of the Rule, for 20
minutes; and an amendment to be offered by the gentleman from Wisconsin
(Mr. Obey) regarding the tax rebate mailing and high-intensity drug
trafficking areas, for 30 minutes.
This request has been agreed to by the minority and the majority.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Amendment No. 3 Offered by Mr. Sanders
Mr. SANDERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Sanders:
Title II, chapter 5, at the end of the item relating to
``DEPARTMENT OF HEALTH AND HUMAN SERVICES--Administration for
Children and Families Low Income Home Energy Assistance''
insert the following:
For ``Low Income Home Energy Assistance'' under the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.) for fiscal year 2002, $2,000,000,000.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
Sanders amendment.
The CHAIRMAN. The gentleman from Vermont (Mr. Sanders) is recognized
for 5 minutes in support of his amendment.
Mr. SANDERS. Mr. Chairman, this tripartisan amendment is cosponsored
by the gentlewoman from California (Ms. Lee) and the gentleman from New
York (Mr. Quinn). It would provide $2 billion in advance funding for
the Low Income Home Energy Assistance Program, LIHEAP, for fiscal year
2002. I understand that the point of order is going to be asked for,
and I am very disappointed that this important amendment will not get a
chance to be voted upon today.
From California to Vermont, every American knows that energy costs
are skyrocketing. LIHEAP is the primary program that provides
assistance to help lower-income families pay their energy bills, and
there has been no time when more people are going to need LIHEAP
assistance than now. According to the National Energy Assistance
Directors Association, 19 States have reported that they are either out
of LIHEAP funds or have very low balances.
Mr. Chairman, this is simply unacceptable. In the richest country in
the world, not one family should go without heat this winter, not one
senior citizen should choose between heating their homes or affording
their prescription drugs. Not one child should come home to a
refrigerator empty of food because the heating bill is too high. But,
Mr. Chairman, this is exactly what will happen if we do not
substantially increase funding for LIHEAP.
Let me take this opportunity to thank the committee and the chairman,
the gentleman from Florida (Mr. Young) and the ranking member, the
gentleman from Wisconsin (Mr. Obey) for doubling the President's
totally inadequate request for LIHEAP emergency funding, but because of
the severe energy crisis that we are in, the committee's number is
still far too low.
{time} 1830
It should not be acceptable for any Member of Congress or the
President that more than 17 million Americans who are eligible to
receive LIHEAP have been left behind because of insufficient funding.
In fact, since 1985, LIHEAP funding has declined by 70 percent after
adjusting for inflation.
Mr. Chairman, at this point I yield to my colleague from California.
Mr. Chairman, how much time do we have remaining?
The CHAIRMAN. The gentleman may yield to other Members for debate,
but may not yield blocks of time under the 5-minute rule. So the
gentleman simply has to yield to another Member.
Mr. SANDERS. For approximately 2 minutes.
The CHAIRMAN. The gentleman yields to the gentlewoman for her
comments.
Ms. LEE. Mr. Chairman, I thank the gentleman for yielding, and thank
the gentleman for pushing forward this Sanders-Lee-Quinn amendment,
which would add $2 billion in forward funding for the Low Income Home
Energy Assistance Program. The supplemental appropriations bill as
written ignores one of our most urgent situations, and that is our
Nation's energy crisis which we are experiencing in California, but it
is moving nationwide.
We must provide real and meaningful increases for LIHEAP, which help
seniors, people with disabilities and low-income individuals and
families pay their skyrocketing utility bills. LIHEAP assistance helps
people for whom rising energy costs are not an inconvenience, but a
real catastrophe.
Currently, only one in three American households that are eligible
for LIHEAP assistance receives any support. In California, fewer than
10 percent of the 2.1 million eligible households will receive LIHEAP
funding unless funding is increased significantly. State officials
assisted as many Californians in the first 5 months of this year than
in all of 2000.
Furthermore, at least 19 States have completely exhausted their
LIHEAP funds or are almost out of money or in dire need.
We held a meeting in my district in Oakland, California, with the
gentleman from Missouri (Mr. Gephardt), the minority leader. At our
meeting, Members of Congress saw the faces of this crisis. They heard
from persons with disabilities, from low-income individuals and
families. They heard from people in California who have been paying the
price of this crisis for the last year.
[[Page H3328]]
Now we have an opportunity to help, help those most vulnerable.
Unfortunately, we will not allow, as I understand it, this amendment to
come forward. Our Nation needs this. Senior citizens need this. Low-
income families and individuals need an additional $2 billion minimum
in LIHEAP.
Mr. SANDERS. Mr. Chairman, I thank my colleague from California, and
the bottom line is that we appreciate the committee's effort in
doubling the President's total inadequate funding. But because energy
costs are skyrocketing, let me say in the State of Vermont, the price
of propane gas has gone up by 27 percent, kerosene by 47 percent, and
heating oil by 56 percent.
When we have these extraordinary increases in the price of fuel, then
the LIHEAP program has got to respond. All over this country more
people need LIHEAP, and we have to increase funding.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I rise to make a point of order.
I make a point of order against the amendment. This amendment is not
germane, and as such is a violation of rule XVI, clause 7.
This rule states that: ``No motion or proposition on a subject
different from that under consideration shall be admitted under color
of amendment.''
This amendment deals with a proposition different from that being
amended; and, therefore, is a violation of rule XVI, clause 7, and I
insist on my point of order.
The CHAIRMAN. The gentleman insists on his point of order. Does the
gentleman from Vermont wish to be heard on the point of order?
Mr. SANDERS. Mr. Chairman, yes, I do.
Mr. Chairman, what I wish to say to the gentleman from Florida (Mr.
Young) and the gentleman from Wisconsin (Mr. Obey), I hope in
conference committee and in my colleague's work with the Senate, can we
have some assurance from the gentleman from Florida (Mr. Young), who I
know recognizes this problem, when I have some assurance when we go to
conference, the gentleman will be representing the House and asking for
substantially more LIHEAP funding?
Mr. YOUNG of Florida. I suggest to the gentleman that we will
represent the House's position when we go to conference with the other
body. During that conference, I expect that LIHEAP would be a subject
of consideration.
Mr. SANDERS. Mr. Chairman, I ask the gentleman from Florida (Mr.
Young) and the gentleman from Wisconsin (Mr. Obey) to fight as hard as
they can for substantially more money for LIHEAP.
The CHAIRMAN. The Chair has heard each gentleman on his own time.
Members need to restrict their remarks to the point of order.
The Chair is prepared to rule on the point of order.
The gentleman from Florida raises a point of order that the amendment
is not germane. The bill provides supplemental appropriations for
various programs for fiscal year 2001. The amendment offered by the
gentleman from Vermont provides funding for the Low Income Home Energy
Assistance Program for fiscal year 2002. Clause 7 of rule XVI, the
germaneness rule, provides that no proposition on subject different
from that under consideration shall be admitted under color of
amendment. One of the central tenets of the germaneness rule is that
the fundamental purpose of an amendment must be germane to the
fundamental purposes of the underlying text.
The fundamental purpose of the bill is to provide supplemental
funding for programs for the current fiscal year. By contrast, the
fundamental purpose of the amendment is to provide an advanced
appropriation in the next fiscal year for LIHEAP.
Accordingly, the amendment is not germane, and the point of order is
sustained. The amendment is not in order.
The Clerk will read.
The Clerk read as follows:
Education for the Disadvantaged
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-554) is amended by striking ``$7,332,721,000''
and inserting ``$7,237,721,000''.
For an additional amount (to the corrected amount under
this heading) for ``Education for the Disadvantaged'' to
carry out part A of title I of the Elementary and Secondary
Education Act of 1965 in accordance with the eighth proviso
under that heading, $161,000,000, which shall become
available on July 1, 2001, and shall remain available through
September 30, 2002.
Impact Aid
Of the $12,802,000 available under the heading ``Impact
Aid'' in the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2001
(as enacted into law by Public Law 106-554) for construction
under section 8007 of the Elementary and Secondary Education
Act of 1965, $6,802,000 shall be used as directed in the
first proviso under that heading, and the remaining
$6,000,000 shall be distributed to eligible local educational
agencies under section 8007, as such section was in effect on
September 30, 2000.
Amendment Offered by Mr. Crowley
Mr. CROWLEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Crowley:
In chapter 5 of title II, before the heading of the item
relating to ``Special Education'', insert the following:
school improvement programs
(transfer of funds)
For an additional amount for ``School Improvement
Programs'' for magnet school assistance, to be derived from
amounts provided in title II for ``Operation and Maintenance,
Army'' and to remain available until expended, $25,000,000.
Mr. YOUNG of Florida. Mr. Chairman, I rise to reserve a point of
order on the gentleman's amendment; and as a courtesy to the gentleman,
I will not exercise that point of order until he has had an opportunity
to explain.
The CHAIRMAN. The gentleman from Florida reserves a point of order.
Mr. CROWLEY. Mr. Chairman, while I understand that the
Parliamentarian will rule this amendment out of order, I would like to
take this opportunity to offer my amendment and highlight a key
educational issue not only for my district, for the Seventh
Congressional District in Queens and the Bronx, but for congressional
districts and local educational agencies throughout the U.S.
At the end of my time, Mr. Chairman, I will then withdraw this
amendment. My amendment would strike the $25 million under operations
and maintenance account of the Army that has been requested for
recruiting and advertising for this branch and would transfer this $25
million in badly needed funds to the U.S. Department of Education for
the Magnet School Assistance Program.
Magnet schools are specialized theme schools with innovative
educational programs, often focusing in specific areas like math and
the sciences while also providing some choice to parents and students.
I have become quite familiar with and impressed by the successes of
magnet schools after witnessing the students' achievements at Community
School District 30 centered in Jackson Heights, Queens, New York in my
congressional district.
Community School District 30, which serves the student populations of
Astoria, Long Island City, East Elmhurst, Jackson Heights, and parts of
Corona and Woodside in Queens, is home to the most diverse ethnic
population in the United States, according to the U.S. Census. These
communities house over 120 ethnic groups and languages, making the
ability to serve all of the educational needs very, very challenging,
to say the least.
But Community School District 30 has proven that serving these
children is not impossible. They have achieved a number of successes
through the operation of magnet schools. In the case of School District
30, they have created an interactive intra- and interschool learning
community, employing all of the stakeholders in this issue: teachers,
parents, students, and local universities.
My amendment will provide additional funding to increase assistance
to School District 30 and other local educational agencies to create
and/or expand magnet schools in their communities, whether they be
urban, suburban or rural.
It is my hope that as this bill works its way through the process,
that this Congress will find an additional $25 million for the Magnet
School Assistance Program for the Department of Education.
Mr. Chairman, I yield to my friend and colleague, the gentlewoman
from New York (Mrs. Maloney).
[[Page H3329]]
(Mrs. MALONEY of New York asked and was given permission to revise
and extend her remarks.)
Mrs. MALONEY of New York. Mr. Chairman, I thank the gentleman for
yielding, and I rise in strong support of his amendment. I also rise
today with strong concerns about the supplemental appropriations bill.
While I agree there are a number of items on the bill that need
increased funding, I am disturbed that this funding is at the expense
of a very important program, the Workforce Investment Act, which was
cut, and that there are other important items that need to be funded,
such as education. We all know that nothing is more important to our
children's future than education. This amendment would strike $25
million from the operations and maintenance, and transfer these very
much needed funds to the Department of Education for the Magnet School
Assistance Program.
Many of the students in my district in Astoria, Queens, attend magnet
schools, specifically School District 30 which serves a very diverse
school body in Queens, had received a magnet grant several years ago;
and they were in fact in competition for yet another magnet grant this
year.
Because of their high performance, their increased scores in math and
English, I am certain that they would have received the grant; yet the
Board of Education ran out of money.
So this funding, this $25 million, is needed tremendously. I am also
very concerned that this bill cuts the Workforce Investment Act, which
provides job training, related services to low-income persons,
dislocated workers and other unemployed or underemployed individuals.
This program had trained and helped many of the young people in the
district that I have the honor of representing, specifically the
Stanley Isaac Neighborhood Center, the Boys and Girls Club of Queens.
Both of these programs were funded by WIA, and now I wonder whether or
not they will be funded in the future because this very important
program trains our young people for jobs. I speak very strongly in
support of the $25 million for education, my colleague's amendment.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I rise to make a point of order
against the amendment because it is in violation of section 302(f) of
the Congressional Budget Act of 1974. The Committee on Appropriations
filed a suballocation of budget totals for fiscal year 2001 on June 19,
2001. That was House Report 107-104. This amendment would provide new
budget authority in excess of the subcommittee's suballocation made
under section 302(b) and is not permitted under section 302(f) of the
act, and I insist on my point of order.
The CHAIRMAN. The gentleman from Florida wishes to pursue his point
of order. Does the gentleman from New York wish to be heard on the
point of order?
Mr. CROWLEY. Mr. Chairman, no. I withdraw my amendment.
The CHAIRMAN. Without objection the amendment is withdrawn.
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Special Education
In the statement of the managers of the committee of
conference accompanying H.R. 4577 (Public Law 106-554; H.
Rept. 106-1033), in title III of the explanatory language on
H.R. 5656 (Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2001), in the matter relating to Special Education Research
and Innovation under the heading ``Special Education'', the
provision for training, technical support, services and
equipment through the Early Childhood Development Project in
the Mississippi Delta Region shall be applied by substituting
``Easter Seals--Arkansas'' for ``the National Easter Seals
Society''.
Education Research, Statistics, and Improvement
The matter under this heading in the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-554) is amended by striking ``$139,624,000''
and inserting ``$139,853,000''.
In the statement of the managers of the committee of
conference accompanying H.R. 4577 (Public Law 106-554; H.
Rept. 106-1033), in title III of the explanatory language on
H.R. 5656 (Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2001), in the matter relating to the Fund for the Improvement
of Education under the heading ``Education Research,
Statistics and Improvement''--
(1) the aggregate amount specified shall be deemed to be
$139,853,000;
(2) the amount specified for the National Mentoring
Partnership in Washington DC for establishing the National E-
Mentoring Clearinghouse shall be deemed to be $461,000; and
(3) the provision specifying $1,275,000 for one-to-one
computing shall be deemed to read as follows: ``$1,275,000--
NetSchools Corporation, to provide one-to-one e-learning
pilot programs for Dover Elementary School in San Pablo,
California, Belle Haven Elementary School in East Menlo Park,
California, East Rock Magnet School in New Haven,
Connecticut, Reid Elementary School in Searchlight, Nevada,
and McDermitt Combined School in McDermitt, Nevada;''.
CHAPTER 6
LEGISLATIVE BRANCH
Congressional Operations
House of Representatives
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Rhonda B. Sisisky, widow of Norman Sisisky,
late a Representative from the Commonwealth of Virginia,
$145,100.
For payment to Barbara Cheney, heir of John Joseph Moakley,
late a Representative from the Commonwealth of Massachusetts,
$145,100.
Salaries and Expenses
For an additional amount for salaries and expenses of the
House of Representatives, $61,662,000, as follows:
Members' Representational Allowances, Standing Committees, Special and
Select, Committee on Appropriations, Allowances and Expenses
For an additional amount for Members' Representational
Allowances, Standing Committees, Special and Select,
Committee on Appropriations, and Allowances and Expenses,
$44,214,000, with any allocations to such accounts subject to
approval by the Committee on Appropriations of the House of
Representatives: Provided, That $9,776,000 of such amount
shall remain available for such salaries and expenses until
December 31, 2002.
Salaries, Officers and Employees
For an additional amount for compensation and expenses of
officers and employees, as authorized by law, $17,448,000,
including: for salaries and expenses of the Office of the
Clerk, $3,150,000; and for salaries and expenses of the
Office of the Chief Administrative Officer, $14,298,000, of
which $11,181,000 shall be for salaries, expenses, and
temporary personal services of House Information Resources
and $3,000,000 shall be for separate upgrades for committee
rooms: Provided, That $500,000 of the funds provided to the
Office of the Chief Administrative Officer for separate
upgrades for committee rooms may be transferred to the Office
of the Architect of the Capitol for the same purpose, subject
to the approval of the Committee on Appropriations of the
House of Representatives: Provided further, That all of the
funds provided under this heading shall remain available
until expended.
OFFICE OF COMPLIANCE
Salaries and Expenses
For an additional amount for salaries and expenses of the
Office of Compliance, as authorized by section 305 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1385),
$35,000.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
For an additional amount for authorized printing and
binding for the Congress and the distribution of
Congressional information in any format; printing and binding
for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the
Congressional Record, as authorized by law (44 U.S.C. 902);
printing and binding of Government publications authorized by
law to be distributed to Members of Congress; and printing,
binding, and distribution of Government publications
authorized by law to be distributed without charge to the
recipient, $11,900,000.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving
Fund, $6,000,000, to remain available until expended, for
air-conditioning and lighting systems.
LIBRARY OF CONGRESS
Salaries and Expenses
For an additional amount for salaries and expenses, Library
of Congress, $600,000, to remain available until expended,
for a collaborative Library of Congress telecommunications
project with the United States Military Academy.
CHAPTER 7
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
Of the unobligated balances authorized under 49 U.S.C.
48103, as amended, $30,000,000 are rescinded.
[[Page H3330]]
{time} 1845
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 37, line 14, after ``$92,000,000'' insert ``(reduced
by $50,000,000)''.
Page 44, line 25, after ``$389,200,000'' insert ``(reduced
by $50,000,000)''.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order and
advise the gentlewoman as a courtesy to her that I will not raise the
point of order until she completes her explanation.
The CHAIRMAN. The gentleman from Florida reserves a point of order.
Ms. JACKSON-LEE of Texas. I thank the chairman very much and again
the ranking member.
Mr. Chairman, I do not know how I can capture a visual for this
House. So many Members have come to the floor of the House in times of
need of their respective communities. I believe that the most potent
statement that can be said about what happened in Houston, Texas as we
have followed the devastating pathway of Tropical Storm Allison is that
nobody knew. It has gone from the heart of Texas in the Houston and
surrounding areas east to New Orleans, Louisiana and other places and
up the East Coast, even to the extent of matching its wits for the
States in the mid-Atlantic and Northeast. We too were unaware of the
devastation that occurred.
But let me say to you, Mr. Chairman, we are in need. We really need
this House to act. We have got now some $4 billion in damage in
Houston, Texas; 32,000 plus homes are devastated and people are out of
their homes. We were declared a disaster for personal aid as well as
infrastructure. And the FEMA director is back in the community today.
He traveled with us about a week ago, and he indicated at that time he
thought there was enough money. But I am very glad that he is back
again because we are realizing that we do not have enough money and
after there is the $300 million plus rescission or money taken out of
FEMA, I know we will not have enough money. In fact, we believe that
with all FEMA has to do around the Nation, they only have $1.1 billion
left, I do not see how in the world they are going to be able to
function.
There is an amendment that adds the $300 million plus, $389 million.
I do not know where Texans will be primarily because it is devastating
to the other parts of the bill, but I have a letter here, Mr. Chairman,
and to the chairman from the Senator, United States Senator Kay Bailey
Hutchison, who is begging us not to take the money out from the other
body, if you will, a letter that I would like to offer into the Record.
U.S. Senate,
Washington, DC, June 20, 2001.
Dear ----: As we recover from the devastation of Tropical
Storm Allison and brace ourselves for the upcoming hurricane
season, I am writing to enlist your support for ensuring that
the Federal Emergency Management Agency (FEMA) remains ready
to respond.
As you may know, the House Appropriations Committee
recently approved its Supplemental Appropriations Bill for
Fiscal Year 2001. In that bill, the House Appropriations
Committee included a $389 million rescission of FEMA's
current disaster relief funds. This rescission is opposed by
the Bush Administration.
In terms of economic impact, Tropical Storm Allison is
proving to be one of the largest natural disasters in U.S.
history, with over 50,000 homes and hundreds of businesses
destroyed or damaged in Southeast Texas alone. Furthermore,
several vital area hospitals and major academic research
facilities have been heavily damaged, with some currently
closed.
The preliminary overall damage estimate from the storm and
the record flooding it caused in Texas is in excess of $4
billion. While at least $2 billion of this amount may be
recoverable through FEMA, those payments will likely meet, if
not exceed, the amount FEMA currently has in its disaster
relief and contingency accounts.
In light of this situation, I ask for your assistance in
supporting any efforts on the House floor to eliminate the
provisions in the Supplemental Appropriations Bill that
rescinds FEMA's disaster relief funds. In addition, as
Congress continues to consider the Supplemental
Appropriations Bill, I would like your support in going a
step further by ensuring that FEMA's disaster relief
resources are replenished in order to make up for the
substantial costs the agency is now incurring due to Tropical
Storm Allison. I am working with Joe Allbaugh to determine an
appropriate reserve amount.
Please feel free to contact Natasha Moore of my staff at
224-5922 if you have any questions. Thank you for your
consideration.
Sincerely,
Kay Bailey Hutchison,
U.S. Senate
Mr. Chairman, my amendment makes an attempt to add $50 million to
deal with the displaced elderly in our community who cannot stay in
these shelters much longer. The physically challenged, the young
families, the women who are expecting are in shelters and they need to
get temporary housing assistance. As was already noted, we have a
devastating mosquito problem. The mosquitoes are practically taking
over our community. We have houses that have yet to begin to get
repaired. It is going to be a long period of time. This is not the time
to cut FEMA.
This amendment is a reasonable amendment. Though I may be, I guess,
apt to, with the reservation of the point of order, withdraw this
amendment, I hope that I have been able to create a visual of the
urgency of what we have got to do. And so I would like to yield to
common sense, I guess, and to take this amendment now off the table and
to be able to yield to the chairman of the Committee on Appropriations
for a colloquy.
I hope I have adequately, Mr. Chairman, described the enormous
devastation. He noted that I was on the floor previously about India. I
told him I had been working on that. I did not want there to be a
misunderstanding of the importance of all of these issues. But now I
come to him pleading for the people of Houston and surrounding areas
regarding this. I rise for the purpose of the colloquy or I am standing
here with the gentleman from Florida (Mr. Young) regarding as I have
described to him the enormous impact of a tropical storm that was
unexpected and certainly not an incident, if you will, or a factual
basis of which we in Houston have had much experience. We have had our
hurricanes, we know how to get out of the way, but this tropical storm
really has devastated our community.
Mr. YOUNG of Florida. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Florida.
Mr. YOUNG of Florida. I want to confirm here on the floor our
conversation earlier that we have a great deal of sympathy for the
enormous relief efforts taking place in Houston as a result of Tropical
Storm Allison. I applaud the gentlewoman's efforts in doing everything
possible to make sure that the United States House of Representatives
helps Houston recover from this disaster. I would add that this
Congress has never refused to meet the requirements and obligations to
a natural disaster in our country and many other parts of the world. We
are working together on this.
Ms. JACKSON-LEE of Texas. I thank the gentleman very much. As I
indicated to him, I am questioning whether we have enough money, but I
am very hopeful.
Mr. YOUNG of Florida. Mr. Chairman, I rise to strike the last word. I
yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. I hope that we can provide adequate funding
for the damage done by Tropical Storm Allison to Houston and the
surrounding areas. This is critical to the people of the 18th
Congressional District that have suffered so immensely as a result of
the storm.
Mr. YOUNG of Florida. Mr. Chairman, I would say to the gentlewoman
that there is no doubt in my mind that there are currently adequate
resources to provide all appropriate resources and necessary assistance
for her constituents. I will work to guarantee that that remains the
case. And even after this rescission, there is $1.6 billion remaining
in that emergency fund. Should that not be sufficient in the future, we
will react quickly to make sure any emergency is dealt with.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I think the practicality of
what we are doing here today is to get help for Houston. Realizing
that, I am going to withdraw this amendment because I have received
from him and the members of the committee and the ranking members their
sincerity about working with us, rolling up our sleeves and trying to
bring home to Houston some sense of relief. I want to thank the
gentleman for his support and look forward to working with him.
[[Page H3331]]
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Texas?
There was no objection.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
COAST GUARD
Operating Expenses
For an additional amount for ``Operating expenses'',
$92,000,000, to remain available until September 30, 2002.
CHAPTER 8
DEPARTMENT OF THE TREASURY
Financial Management Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$49,576,000, to remain available through September 30, 2002.
Internal Revenue Service
processing, assistance, and management
For an additional amount for ``Processing, Assistance, and
Management'', $66,200,000, to remain available through
September 30, 2002.
Amendment Offered by Mr. Obey
Mr. OBEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Obey:
At the end of chapter 8 of title II, insert the following
new provision:
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Federal Drug Control Programs
High Intensity Drug Trafficking Areas Program
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``High Intensity Drug
Trafficking Areas Program'', to be derived by transfer of
amounts provided in this chapter for ``Internal Revenue
Service--Processing, assistance, and management'',
$30,500,000, as authorized by law (21 U.S.C. 1706).
The CHAIRMAN. Pursuant to the order of the Committee of today, the
gentleman from Wisconsin (Mr. Obey) and a Member opposed each will
control 15 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
Mr. OBEY. Mr. Chairman, I yield 5 minutes to the gentleman from
Washington (Mr. Baird).
Mr. BAIRD. I thank my distinguished colleague, the ranking member on
the Committee on Appropriations, for yielding me this time.
Mr. Chairman, we speak often in this body about the need to reduce
waste, fraud and abuse, and unnecessary spending. Yet today's bill
includes an example that is wasteful, that I believe is an abuse of
funds, and that is clearly unnecessary spending.
Included in this bill is a measure that would apparently provide up
to 20 to $30 million to send a letter to the American people telling
them something they already know for purposes which can only be
described as blatantly political; 20 to $30 million to tell the
American people that they are pleased to inform them that the United
States Congress passed and President George Bush signed into law the
Economic Growth and Tax Relief Reconciliation Act which provides long-
term tax relief.
The American people know that. I can right here save the American
people $29,999,999.75 by telling them take 25 cents, buy a newspaper,
read about the tax bill, and you will know everything that you would
receive in this letter.
We should not be spending this kind of money on unnecessary political
propaganda. It is the worst example of waste and abuse of government
spending. The gentleman from Wisconsin (Mr. Obey), who I want to
commend and I wish he did not have laryngitis because I would love to
hear what he would have to say were he empowered to speak on this
today, but he has correctly identified the problem and he has proposed
a much, much better use of these funds.
In my district in southwest Washington, we have got an explosion of
methamphetamine labs, literally explosions of those labs, a doubling of
meth busts every single year. People are being exposed to the dangerous
drug methamphetamine, to black tar heroin, and the gentleman from
Wisconsin has correctly recognized that there is a need for additional
funding to expand the high intensity drug trafficking areas to help
fight these scourges.
Mr. Chairman, if you ask the American people, would you rather put
$30 million towards battling the scourge of drug abuse, toward
protecting our children and our families and our schools, or would you
rather receive a letter telling you something you already know?
{time} 1900
I know exactly where the American people would stand. The American
people would say, do not waste the $30 million of our taxpayers' money.
Put it instead to something productive like high-intensity drug
trafficking areas, as the amendment of the gentleman from Wisconsin
(Mr. Obey) would call for.
Mr. Chairman, it is indeed time to stop wasteful and unnecessary
spending in government. We can begin today by passing the amendment
from the ranking member and the distinguished gentleman from Wisconsin
(Mr. Obey).
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from New Hampshire (Mr. Sununu), a
distinguished member of the Committee on Appropriations and the
Committee on the Budget.
Mr. SUNUNU. Mr. Chairman, I appreciate the comments that were
provided in offering this amendment, but I think they were at least a
little bit misleading. There was reading from the notice itself, and I
think that was fair. In point of fact, it was really only the first
sentence. The notice includes a lot more information than just the fact
that a tax relief bill was passed. What the notice attempts to do is to
include helpful, useful information to taxpayers and to ensure that as
we go forward mailing out rebate checks, which were supported by dozens
of Members on the minority side, that we do not have mass confusion.
The notice informs the taxpayer as to the amount of the rebate check.
It informs the taxpayer how this amount was calculated, because every
taxpayer is not going to receive an identical check. The rebate will be
based on the taxable return that was paid for the year 2000.
The notice includes information as to whether or not the rebate check
is reportable as income when they go to next pay their taxes. If one
receives a $300 check or a $600 check, unfortunately for a lot of
people there will be confusion as to whether or not they have to pay
taxes on this rebate.
It also gives information to the taxpayer as to what they should do
if they have questions, a phone number, a Web site, so that they can
follow up if they need additional information. Providing a taxpayer
with this important information is not abusive. Providing a taxpayer
with information about how to get their questions answered is not
fraud. I certainly do not believe that the employees of the IRS would
consider the work that they do to deal with confusion or questions to
be fraud, to be abusive, which is exactly why the National Treasury
Employees Union has written opposing the kind of cut that is trying to
be put through on the floor today.
Is it wasteful? Well, we can go back to the old television
commercial, you can pay me now or you can pay me later. If taxpayers
are not given information about how this rebate is being calculated,
whether or not it is taxable income, how to get their questions
answered, then when all of these checks go out the IRS phone lines are
going to be flooded, or there are going to be complaints, and there is
going to be a significant amount of cost incurred by the customer
service representatives at the IRS trying to sort out that confusion.
We can pay for it now to make sure that they have the information
that is needed, or we can pay later in the form of much higher calls
required, much higher cost of customer service. I think it makes sense.
I think it is fair planning to deal with it now, to deal with it in
this fiscal year, when the checks are going to be sent out.
Mr. FRANK. Mr. Chairman, will the gentleman yield?
Mr. SUNUNU. I yield to the gentleman from Massachusetts.
Mr. FRANK. Mr. Chairman, I would ask the gentleman from New Hampshire
(Mr. Sununu), he says some of this information, for instance, whether
or not it is taxable and the amount, have to be told to people. I would
guess most people would be able to tell the amount when they looked at
the check.
[[Page H3332]]
As far as whether or not it is taxable, why could a little thing in the
same envelope not be included in the rebate check that said, this is
not taxable? Why does there have to be a separate mailing?
Mr. SUNUNU. Mr. Chairman, to address the gentleman's first point,
what I said was there is information about how it is calculated,
because while the headline in the Washington Post or the New York Times
may be $300 a person, $600 a person, that is not technically correct. I
know it is a surprise to Members on both sides of the aisle that the
New York Times may not have gotten the headline right, but not everyone
is going to receive the same check.
So there is information about how it was calculated and information
about whether or not it is taxable.
Mr. FRANK. Why could not it be put in that same envelope that the
check came in? Do they need a lot of advanced notice to prepare them
for it?
Mr. SUNUNU. I think it serves the taxpayer well to have advance
information. From the IRS's standpoint, the processing of checks may
well be done differently than the processing of a notice like this. Why
not give the taxpayer the information ahead of time before they receive
the check?
Mr. FRANK. Because it costs $30 million is why.
Mr. SUNUNU. I do not think it is unreasonable.
Mr. OBEY. Mr. Chairman, I yield 4\1/2\ minutes to the gentleman from
Maryland (Mr. Hoyer).
Mr. HOYER. Mr. Chairman, I thank my silent ranking member, the
gentleman from Wisconsin (Mr. Obey), for yielding those quiet 4
minutes.
Mr. Chairman, I will not be quite as quiet. First of all, it is
interesting that this administration that wants to send out this check
did not ask for this money to be sent to the taxpayer this year. This
essentially was an initiative on this side of the aisle to make an
immediate payment, number one. Of course, the letter does not go into
that slight detail. It would be inconvenient to do so, I understand.
Secondly, it is their money. It is their money, and we ought to spend
it carefully. So we are sending a letter telling them they are going to
get a check. It is not taxable; and by the way, they do not have to do
anything. The taxpayer will be overwhelmed with that information,
without which think how at sea they would be.
They do not have to do anything. There is no answer, and the
gentleman who is extraordinarily bright and able, struggled for an
answer to the question of the gentleman from Massachusetts (Mr. Frank).
Why is the check and the information not sent in one envelope and save
$30 million of their money?
Now, $30 million is a lot of their money. This amendment is opposed
by the NTEU, the National Treasury Employees Union. Do we know why?
Because they are fearful that the administration's desire to send out
this money, and by the way the conference that included no Democrats,
this is not in the statute, they do not have to do this statutorily.
They have to do it in the conference report. I guarantee, maybe two
people on the House floor knew that was the case when they voted for
this bill. Maybe. I do not want to ask the chairman whether he knew or
the ranking member whether he knew. I did not know, I will say, and I
am the ranking member of the subcommittee.
Nobody knew this. It is in conference report language; and by the
way, the conference report does not even direct that it be done. It
says, we expect that it will be done.
What the Treasury employees are worried about is, if this money is
taken out, the letter will be sent anyway and make the Treasury
employees eat it. Cut the costs of the IRS because you want to impose
this Dear Taxpayer, George Bush is giving you some money back. In
another context, this might be called $30 million of public financing
of campaigns which, of course, President Bush and the minority side are
very much against; and in my opinion probably most taxpayers are
against that as well, but that is what is happening. We are spending
$30 million as a campaign letter.
Now, the gentleman from New Hampshire (Mr. Sununu) fully knows that
1-800 number could be included in the mailing of the check. Let me say,
when they get the check is when it is going to motivate them to call.
So if we think we are saving money on calls, we are going to have to
look at that when the committee marks up this bill later on, because I
guarantee it will not. Why? Because there will be certain people who
will look at this letter and say, oh, that is nice; not do anything,
not take any action, not really have any knowledge. But when they get
the check, that is the operative time that the taxpayer will get
interested. If he does not get the $300 or they do not get the $600,
they will pick up the phone and say, why not? Hopefully we will answer
them.
If they do not and they call and we use this $30 million to mail them
this what we believe to be a political notice, if they do that then we
are going to have 30 million less dollars that they could use for
taxpayer service.
We passed the reform bill, said we wanted to be taxpayer friendly,
which meant the ability to answer phones. Sending this money off this
way will undermine our ability to serve our taxpayers well. I urge a
vote for this amendment.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I would, in the same tone that my friend, the gentleman
from Maryland (Mr. Hoyer), just spoke, I would like to say to him and
to all the Members that if we wanted to be political about this what we
would have done would be to have all the checks delivered to those
offices of the Members who voted for the tax cut and let them send out
the checks with a little message to their constituents. Now that would
have been political.
The way we are doing it now is really not political, and I think it
is important that people understand in plain English what this is all
about.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, I appreciate that. The gentleman from
Florida (Mr. Young) told me that in private as well. I think that is an
interesting observation and option. It is the difference between
blatant and subtle, I would suggest to my chairman.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time he may consume
to the gentleman from New Hampshire (Mr. Sununu).
Mr. SUNUNU. Mr. Chairman, in addressing some of the concerns raised,
particularly with regard to the employees at the IRS, I think rather
than characterize what their motives might be, it is best to go right
to the source.
In a letter from the National Treasury Employees Union, it was made
clear what the concerns were. Simply put, quote, ``the IRS has great
difficulty responding to all the telephone calls from taxpayers with
questions. The volume of calls will increase dramatically as
anticipation of rebate checks grows. Providing taxpayers with a notice
in advance will hold down the increase in calls and prevent a
significant decrease in the IRS' ability to provide customer service.''
It is also stressed in the letter, which comes from the National
President of the employees union, that the IRS has indicated, the
agency, not Congress but the IRS itself, that it may go forward with a
notice on the tax rebate even if the funds to mail it are not provided
or are reduced. So this is a decision that the IRS is likely to make of
its own accord because the agency understands it is important. The
union itself recognizes, and the employees recognize, that if the
notices do not go out that the burden on customer service will be
significant. In the end that will not be in the best interest of
taxpayers because the costs associated with that confusion are just as
likely to be greater than what this expenditure calls for.
{time} 1915
Mr. OBEY. Mr. Chairman, I yield the balance of my time to the
gentleman from Massachusetts (Mr. Frank).
Mr. FRANK. Mr. Chairman, I want to start in a spirit of
bipartisanship with congratulations. I congratulate the chairman of the
Committee on Appropriations on the restraint he says he showed in not
having Members individually send out the checks to the constituents. It
might have been a violation of the separation of powers. I admire his
doing that.
Until he just smiled, I was going to congratulate the gentleman from
New
[[Page H3333]]
Hampshire for keeping a very straight face during this entire
proceeding. Were I he, I could not have done so.
I welcome this in some ways. Let us be clear what we are talking
about. It is a letter that begins not with telling you that it is not
taxable or how it was calculated, but by telling you that this is a
present to you from George Bush. It comes to you from George Bush and
the Congress.
Now, I in one sense must tell you for self-interests welcome this.
For some time I have been distressed that politically self-serving mail
is known as ``franked'' mail. I have been upset to be a synonym with
the use of taxpayer money to send out blatantly self-serving mail.
But, from now on, that mail will no longer be thought of primarily as
franked mail. It will be ``bushed'' mail; not bush mill, bushed mail,
because the $30 million in this one fell swoop will be a greater
exploitation of the taxpayer's money for political purposes than ever
before.
Now, I had this question as to why it could not be included, there
are two important pieces of information; how it was calculated. By the
way, according to the letter, how it is calculated is on the back of
the letter, so that none of the things on the front of the letter are
relevant to that. Secondly, people need to know it is not taxable.
Well, that could have been put in the same letter, I thought. But
then I read what the gentleman said to the New York Times about it, and
maybe this explains it.
My question is, why could you not simply put into the same envelope,
``this is not taxable,'' and then include that about how it was
calculated? Why do you have to tell them that President Bush did it,
and Congress did it, and it is part of the long-term tax relief? There
are a number of things in here that have no relevance to that.
The New York Times article is very interesting, because Mr. Keith, a
spokesman for the wholly autonomous Internal Revenue Service, which
apparently decided on its own to do this favor for the President, and
that is a degree of loyalty that he inspires in his employees that is
truly inspirational in itself, but he says, ``I would point out that
the letter contains the information that we believe the taxpayer
needs.'' But then in an indirect quote, ``including the size of the
check.''
Now, I had thought that meant the dollar amount. But, on the other
hand, that would be too stupid even to try and pretend, because the way
the average person would tell what was the amount of the check would be
to look at the amount on the check. It says it right on the check,
``amount.'' Most people would probably be able to figure out when it
said amount of the check $300, that the amount of the check was $300.
But, no, we have to tell them in advance of the size of the check.
And why can we not put it in the same envelope? Then I suddenly
realized, these are going to be really big checks. There will not be
room in the envelope. They want to really make an impression. You are
getting this from George Bush, and we do not want some little dinky
piece of paper that you can read it, $300, that is nice, put it in my
pocket, I will spend it, that is good for the economy, which we
suggested.
Instead, we are going to send them really big checks, and we have to
warn them. We have to warn them, so that people, for instance, may have
to widen their mail slots. They may have to empty out their mailboxes,
because what we are telling them is, listen, you are going to get a
really big check. Now, to some people, $300 would not be a big check in
dollars, so it must mean a big physical check.
So we are going to send them such a big check that we have to warn
them in advance that it is coming, do not let your kid, if you have got
a small child, do not have your child walking under the mail slot when
the mail comes. He may get whacked in the head with a really big check,
and that is not worth $300.
And, we also then cannot fit it in that envelope, because I cannot
think of any other reason. Here is what we are told; the reason for
doing this is, one, to tell them the amount of the check. Now, as I
said, nobody believes that. Some people have said it; I do not think
many people believe it. The fact is that you will see the amount of the
check when you get the check.
We are told you should be told it is not taxable. Well, that could be
put in the envelope along with the calculation. But I have to say, if
this works, why stop here? We know that many older people who live
isolated lives like getting mail. They get Social Security checks.
Social Security checks are not, for many people, taxable. For some they
are. People may not know that.
Why not 2 weeks before the Social Security check comes send them a
letter telling them that they are going to get a Social Security check?
Why not alert them to the size of the impending Social Security check,
and they can be warned about it and they can be told it is not taxable,
or that it is, and how it was calculated.
I mean, if we are in fact going to have a policy where we not only
provide a benefit to the public, but we tell them in advance who gave
them the benefit, I think we should not stop here. I think the
gentleman has a policy we ought to extend.
If the gentleman wants me to yield, I will be glad to yield, unless
he just was kind of standing up because he was, you know, adjusting
something. Does the gentleman want me to yield?
Mr. SUNUNU. I am sorry, is the gentleman distracted by the fact I am
standing at the lectern? We have reserved the balance of our time.
Mr. FRANK. I will tell you what, I thought the gentleman, usually
when people stand, they want to respond. I will tell you, I will have
trouble sleeping tonight, because I am still trying to figure out why
they cannot go in the same check, and I thought maybe the gentleman
from New Hampshire was going to enlighten me. I thought maybe my
neighbor was going to say I am so perplexed, because I tend to think I
am of reasonable intelligence.
And here is the issue. We are going to send people a check, and they
need to know two things, other than the check itself. They need to know
that it is not taxable, and I think that is right; and they need to
know how it is calculated, if they are interested. They do not need to
know that, but that would be useful. I cannot figure out why that
cannot go in the same envelope. I do not understand.
Mr. SUNUNU. Mr. Chairman, will the gentleman yield?
Mr. FRANK of Massachusetts. I yield to the gentleman from New
Hampshire.
Mr. SUNUNU. Mr. Chairman, if the gentleman will yield on that point,
the Financial Management Service considered a range of options. They
considered including that information in the same envelope.
Mr. FRANK of Massachusetts. Why did they reject that?
Mr. SUNUNU. Well, there are two reasons. One, because the checks are
going to go out in a staggered format. They are going to go out in
July, they are going to go out in August, and they are going to go out
in September. The first people that are going to get the checks will
get them in July, and the people that have not received the checks are
certainly going to wonder what is going on. It makes sense to notify
everybody at the same time.
The second reason is because there are two different systems right
now for printing notices and printing checks. Now, we can try to
combine the two and manually stuff all the envelopes.
Mr. FRANK. I thank the gentleman, and I am taking back my time.
Mr. SUNUNU. I think it is unreasonable not to allow me to answer the
question.
Mr. FRANK. I will take back my time.
The CHAIRMAN. The gentleman from Massachusetts controls the time.
Mr. FRANK. I understand the gentleman has trouble understanding how
the mail works, but he should know how the rules of the House work.
Mr. HOYER. Mr. Chairman, will the gentleman yield?
Mr. FRANK. I yield to the gentleman from Maryland.
Mr. HOYER. Mr. Chairman, the answer to the gentleman's question is
simple why the FMS and others decided they could not do it in one
mailing, which seems to make sense to everybody, and that is because
the majority in its conference report, which was seen by nobody on the
floor when they voted on the bill, said that the majority, who, of
course, the President is a part of their party, the President is the
Chief Executive of our country, the Chief Executive is the executive
officer of the FMS.
[[Page H3334]]
Mr. FRANK. Mr. Chairman, reclaiming my time, let me just say, because
we are about to run out of all time, that not having heard the
explanation, it obviously makes no sense. Apparently people think
Americans are consumed with jealousy, and some people are going to get
a check in July, and some are getting it in September, and they will
have no idea why that happened. Again, we do not think that is a
serious argument. And the notion that you cannot consolidate in one
check that information, again, is wholly unpersuasive.
Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the
distinguished gentleman from California (Mr. Thomas), the chairman of
the Committee on Ways and Means.
(Mr. THOMAS asked and was given permission to revise and extend his
remarks.)
Mr. THOMAS. Mr. Chairman, I can understand why some of the gentlemen
on the floor are baffled. I am quite sure they were baffled as to why
we would want to return some of the taxpayer money in the first place.
That really is, I think, the fundamental argument.
Let me say this: This letter simply does not meet the standards of
the previous administration. I have to assure you, when you want to
notify taxpayers of really important information you ought to look at
the Health Care Financing Administration multicolored brochure, which,
when you open the first page, had a large color picture of then
Secretary of HHS Donna Shalala. Then you turn to the second page, and
there was a large color photo of the gentleman who was then the
Administrator of HCFA. Then you turn to the next page, and there was
another photo. So, for someone trying to find out something about
Medicare, they had to go through three large multicolored photos of
people who were there not for political reasons.
I can understand why some people are baffled, because actually people
learned through the media that Congress was returning some of their tax
money. The first assumption would be it is not true. The second
assumption would be, if it is true, how much am I getting? The third
assumption would be, where do I call to verify?
One of the concerns was that, believe it or not, some people would
like to verify that they are getting money. Can you imagine millions of
people, a small fraction of the total who are getting the checks,
trying to call the IRS to find out, one, if they are getting their
money; two, if they are, when are they getting it; and, three, how much
is it going to be?
So what you have is a letter that provides that factual information,
especially the question of when I am going to get it? Because if you
only included the amount and a way to determine how much it was
supposed to be and the fact that it was coming, they would still make a
phone call to say when am I going to get it?
So I think the real frustration is that this Congress passed and this
President signed, one, tax relief for the American taxpayer; and, two,
it was done in such a way that we are actually going to return some of
the money to the taxpayers.
Mr. FRANK. Mr. Chairman, will the gentleman yield?
Mr. THOMAS: I would like to finish my statement. I do not have a lot
of time. Then, if I finish, I will yield.
Mr. FRANK. He has 3 extra minutes for you at the end.
Mr. THOMAS. Oh, good. Then I will use it in a minute.
The idea here is to, first of all, ease the bureaucratic burden of
trying to respond to millions of people who are inevitably going to
call. I know the gentleman from Massachusetts believes he is of average
intelligence, and, therefore, most other people would assume all of
those things he assumed.
All of us here on the floor know, and I will tell everyone else, the
gentleman from Massachusetts is not of average intelligence; he is
extremely intelligent and perceptive. And I guess the concern is that
if not everyone matches his ability to understand, interpret and
relate, that somehow it is a sinister political motive to notify people
of the consequences, the time and the amount of the check return.
It is not a rebate. It is money which is a lump sum payment in lieu
of withholding adjustment. So people would kind of wonder, what is it
that I am getting? And, gee, this letter says that it is in fact not
something that you will have to worry about. You will not be required
to report the amount of this as taxable income on your Federal tax
return. And, by the way, it provides a convenient receipt for you if in
fact your State or lesser municipality has tax consequences in terms of
Federal money.
The CHAIRMAN. The time of the gentleman from California has expired.
Mr. THOMAS. Do I get the 3 minutes? Could I have the 3 minutes? I
thought you were going to give me 3 minutes.
Mr. FRANK. The gentleman from Florida has the 3 minutes.
The CHAIRMAN. The gentleman from Florida has time remaining.
Mr. THOMAS. I thought you were going to give me the 3 minutes.
Mr. YOUNG of Florida. Mr. Chairman, would the Chair advise how much
time is remaining on both sides?
The CHAIRMAN. The gentleman from Florida (Mr. Young) has 3\1/2\
minutes. The time of the gentleman from Wisconsin (Mr. Obey) has
expired.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman
from California (Mr. Thomas.)
Mr. FRANK. Mr. Chairman, will the gentleman yield?
Mr. THOMAS. I certainly yield to my friend, the gentleman from
Massachusetts.
Mr. FRANK. First, I want to repeat what the gentleman from Maryland
said. The notion of the $300 to $600 was not something opposed on this
side. The gentleman inaccurately said there were people who were
opposed to that. The notion of sending a check out right away was
something that was advocated by many on this side.
Mr. THOMAS. Mr. Chairman, I will tell the gentleman I will reclaim my
time if he does not have a question of me. He is just debating the
point on his side again.
Mr. FRANK. I am correcting him. May I ask a question? May I ask the
gentleman a question?
Mr. THOMAS. Mr. Chairman, I will reclaim my time. You had an
opportunity.
Mr. FRANK. May I ask a question? May I ask the gentleman a question?
The CHAIRMAN. The gentleman from California controls the time. He may
yield to a question if he wishes.
Mr. THOMAS. I thank the Chairman.
Apparently the gentleman from New Hampshire is not the only one who
understands the rules on the floor, or there was a willing abuse of the
rules. I indicated that I would yield to the gentleman for a question.
The gentleman then began continuing to make a statement.
Therefore, in the remainder of my time, I will tell you this is a
thinly veiled attempt to stop the Internal Revenue Service from making
its job easier in informing taxpayers of money that is coming to them,
in which a number of people who are now offering this amendment
objected not only in substance, but in style. I understand that.
Our purpose is to vote down this amendment so the American people can
find out what they are getting from their government.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman
from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I think the majority of Members in this
body use frank mail to send out information to their constituents. This
is information that will help those constituents.
But I understand not wanting to send a letter out. In 1993, my
colleagues took all the money, or cut veterans' COLAs. They do not want
to send a letter out for that. They cut military COLAs. They increased
the tax on Social Security. They spent every single dime of the Social
Security trust fund, and I understand why the gentleman did not want to
send out a letter for that. But I would say in this case, we believe it
is their money, and we would like to let them know that it is coming in
a fair manner.
The CHAIRMAN. The gentleman from Florida (Mr. Young) has 1\1/2\
minutes remaining.
Mr. YOUNG of Florida. Mr. Chairman, I yield the balance of my time to
the distinguished gentleman from New Hampshire (Mr. Sununu).
{time} 1930
Mr. SUNUNU. Mr. Chairman, I very much appreciate the spirited nature
of
[[Page H3335]]
the debate. I certainly apologize to my colleague from Massachusetts
for attempting to answer his question too specifically and too
accurately. I know it is never a comfortable situation for someone who
is speaking on the floor.
But I do think that if we look at the scope of what the IRS is trying
to do, we look at the number of checks that are going out, a couple of
hundred million, I think it is very reasonable to assume that there may
be a lot of confusion.
The Financial Management Service looked at a number of different
options. I think they had a credible reason for wanting to do an
advance notice, considering that the checks would be staggered over
time. The IRS employees recognized that being inundated with phone
calls could really degrade their level of customer service and that
more information was better. We can quibble about the exact wording on
the notice and some down at the White House might complain that
Congress is mentioned first, Congress might complain that the President
is even mentioned in the notice, but at the end of the day, the
taxpayers will have information that is helpful to them: how this is
being calculated, what the tax implications are for the current year,
how they can get additional information.
I do not think there is any surreptitious or are there are any impure
motives here. We are just trying to make sure that taxpayers understand
the legislation that has been passed and how it is going to affect
them, and we are trying to take a little bit of burden off of the
employees at the IRS, and I think both of those are appropriate.
Mr. Chairman, I urge my colleagues to vote against the amendment.
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from
Wisconsin (Mr. Obey).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. FRANK. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Wisconsin (Mr. Obey)
will be postponed.
The Clerk will read.
The Clerk read as follows:
CHAPTER 9
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and pensions'',
$589,413,000 to remain available until expended.
readjustment benefits
For an additional amount for ``Readjustment benefits'',
$347,000,000 to remain available until expended.
Veterans Health Administration
medical and prosthetic research
Of the amount provided for ``Medical and prosthetic
research'' in the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 2001 (Public Law 106-377), up to
$3,500,000 may be used for associated travel expenses.
Departmental Administration
general operating expenses
(including transfer of funds)
Of the amount provided for ``Medical care'' in the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2001 (Public Law 106-377), up to $19,000,000 may be
transferred to ``General operating expenses'' of which up to
$5,000,000 may be used for associated travel expenses.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
Amendment Offered by Mr. Engel
Mr. ENGEL. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Engel:
In chapter 9 of title II, under the heading relating to
``Department of Housing and Urban Development--Public and
Indian Housing'', insert the following new item:
public housing operating fund
For an additional amount for the ``Public housing operating
fund'' for payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g), $300,000,000: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment and will not exercise the point of order until the gentleman
has had his 5 minutes to explain.
The CHAIRMAN. The gentleman from Florida (Mr. Young) reserves a point
of order.
Mr. ENGEL. Mr. Chairman, I thank the chairman of the committee for
his courtesy. I do appreciate it.
Mr. Chairman, like my colleagues, I recognize the need to meet the
rising energy costs of the Defense Department. This bill contains $734
million for higher fuel costs. As we know, jet fuel, gasoline, even
heating price increases are having a dramatic effect on the Defense
Department. We all agree that it is no good to have the most advanced
jet fighters in the world if they cannot fly. I, therefore, do agree
with this portion of the bill.
Yet, the Defense Department is not the only agency that is impacted
by these price increases. Public housing is also directly affected. The
estimates are that the public housing authorities need about $300
million to make up the shortfall. Now, $300 million in the totality of
this bill is not a great amount of money, so that is what my amendment
does. It provides the funding for the $300 million. I regret that the
Committee on Rules did not provide a waiver. I agree that these are
needed funds to DOD, but there are other needs as well.
Because of the budget caps in the recent tax bill, I have been forced
to designate this need as emergency spending. I believe with all my
heart that this qualifies.
According to the Energy Information Administration, home heating oil
prices increased nationally from 88 cents to $1.35, a 53 percent
increase from fiscal year 1999 and fiscal year 2000. Natural gas jumped
51 percent, from $6.69 per thousand cubic feet to $10.07. In fact, in
New York City, which I represent, the Nation's largest public housing
authority, with 160,000 units, has actually had its oil prices rise 82
percent and natural gas prices increase 90 percent.
I could paint a picture of an elderly woman who worked for 45 years
living in public housing that has no heat, but we know that, in fact,
is not the case. Instead, the elderly woman who worked hard for 45
years is living in an apartment that has a hole in the ceiling, that
needs new flooring in the bathroom, and could benefit from energy-
saving windows and other energy-efficient things. The fact is that
public housing authorities are now diverting funds from capital repairs
and improvements to pay utility bills. Obviously, they do not want
people to freeze over the winter.
Let me be clear that it gets my goat that we are using money to pay
for heat that should be used to pay for insulation which, in the long
run, would save a lot of money on heat. We are going to be debating tax
policy and we are going to be debating energy policy, and I have some
innovative thoughts that I hope we can act upon later on in this
session.
Public housing has gotten a bad reputation around here in the past
few years. We need to change this. I grew up in public housing. In
fact, many of my colleagues in the New York City delegation grew up in
public housing; and the people who live in public housing deserve to
have quality housing. People move to public housing because it is often
the only affordable housing they can find. Most public housing
residents work, pay rent, and are just trying to provide a safe, loving
home for their families.
So, Mr. Chairman, I believe we have an obligation and a
responsibility to public housing, and I would urge the chairman of the
committee not to insist on his point of order and allow this amendment
to move forward. I do appreciate the courtesy of the chairman of the
full committee to yield his point of order so I can make this
statement.
Ms. SCHAKOWSKY. I rise to support the amendment offered by the
Congressman from New York (Mr. Engel) to provide $300 million in
emergency funds to help HUD meet increased energy demands in public
housing.
My colleagues, like you, I recognize the increased demand on LIHEAP
and I support this legislation's $300 million increase in the LIHEAP
budget, which doubles the President's request. However, the needs of
hundreds of thousands of seniors, families and persons with
disabilities are ignored because there is no funding in this
supplemental to ensure their
[[Page H3336]]
well-being during the hot summer months and the bitter winter, ahead.
We must provide HUD with enough funding to meet higher energy costs but
this bill fails to accomplish that goal.
Public housing authorities across the country are paying higher
energy cost to keep public housing families warm in the winter and
seniors cool in the summer. Public housing is still catching up with
the shortfalls found in the FY 1999, FY 2000, and FY 2001
appropriations bills. According to the Energy Information
Administration, home heating oil prices increased nationally from 88
cents to $1.35, a 53% increase, from FY 1999 to FY 2000! Natural Gas
jumped 51%--from $6.69 per thousand cubic feet to $10.07. Chicago will
need an additional $10 million to pay higher cost in public housing and
to provide assistance to families in private housing.
There is no doubt that this is an emergency. We are in the middle of
the summer. In 1995, 700 people died in the Chicago area because of a
heat wave. There were more deaths all across the country. We can't
allow another tragedy like that to happen simply because Congress
refused to give HUD enough money to give air conditioning to seniors in
public housing.
If Congress doesn't act, what is more likely to happen is that the
public housing authorities will divert funds from capital repairs and
improvements to pay utility bills. In Chicago, we have a $1.5 billion
plan to rebuild public housing, including money to make units more
energy efficient. My fear is that such plans in Chicago and across the
country will be slowed unless we help address higher energy cost.
So, for public housing authorities struggling to meet the basic
energy costs of their tenants, our constituents, I urge my colleagues
to vote for the Congressman's amendment to provide HUD with $300
million in emergency energy assistance for public housing energy costs.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order.
The CHAIRMAN pro tempore (Mr. Pitts). The gentleman will state his
point of order.
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation on an appropriations bill and, therefore,
violates clause 2 of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriations bill shall not be in order
if changing existing law.''
The amendment includes an emergency designation under section 251 of
the Balanced Budget and Emergency Deficit Control Act of 1985 and, as
such, constitutes legislation in violation of clause 2 of rule XXI.
Therefore, I insist on my point of order.
The CHAIRMAN pro tempore. Does any other Member wish to speak on this
point of order?
Mr. ENGEL. No, Mr. Chairman. I stand by my original statement.
The CHAIRMAN pro tempore. The Chair finds that this amendment
includes an emergency designation under section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985. The
amendment, therefore, constitutes legislation in violation of clause 2
of rule XIX.
The point of order is sustained and the amendment is not in order.
The Clerk will read.
The Clerk read as follows:
(rescission)
$114,300,000 is rescinded from unobligated balances
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading in fiscal
year 2001 or the heading ``Annual contributions for assisted
housing'' or any other heading for fiscal year 2000 and prior
years: Provided, That any such balances governed by
reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated
shall not be available for this rescission.
Community Planning and Development
community development fund
The referenced statement of the managers in the seventh
undesignated paragraph under this heading in title II of
Public Law 106-377 is deemed to be amended by striking
``women's and children's hospital'' in reference to an
appropriation for Hackensack University Medical Center, and
inserting ``the construction of the Audrey Hepburn Children's
House''.
The referenced statement of the managers in the seventh
undesignated paragraph under this heading in title II of
Public Law 106-377 is deemed to be amended by striking
``$100,000 to Essex County, Massachusetts for cyberdistrict
economic development initiatives;'' in reference to an
appropriation for Essex County, and inserting ``$75,000 to
improve cyber-districts in Haverhill, Massachusetts and
$25,000 to improve cyber-districts in Amesbury,
Massachusetts;''.
The referenced statement of the managers in the seventh
undesignated paragraph under this heading in title II of
Public Law 106-377 is deemed to be amended by striking
``$500,000 for Essex County, Massachusetts for its wastewater
and combined sewer overflow program;'' in reference to an
appropriation for Essex County, and inserting ``$500,000 to
the following Massachusetts communities for wastewater and
combined sewer overflow infrastructure improvements: Beverly
($32,000); Peabody ($32,000); Salem ($32,000); Lynn
($32,000); Newburyport ($32,000); Glouchester ($32,000);
Marblehead ($30,000); Danvers ($30,000); Ipswich ($17,305);
Amesbury ($17,305); Manchester ($17,305); Essex ($17,305);
Rockport ($17,305); and Haverhill ($161,475);''.
Housing Programs
manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), $6,100,000, to
remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund (in this heading
referred to as ``the Fund''): Provided, That all balances of
fees collected before December 27, 2000, pursuant to such Act
shall be transferred to and merged with amounts in the Fund:
Provided further, That not to exceed the amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2001 so as to result in a
final fiscal year 2001 appropriation from the general fund
estimated at not more than $0.
Federal Housing Administration
fha--mutual mortgage insurance program account
Of the amounts available for administrative expenses and
administrative contract expenses under the headings, ``FHA--
mutual mortgage insurance program account'', ``FHA--general
and special risk program account'', and ``Salaries and
expenses, management and administration'' in title II of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2001, as enacted by Public Law 106-377, not to exceed
$8,000,000 is available to liquidate deficiencies incurred in
fiscal year 2000 in the ``FHA--mutual mortgage insurance
program account''.
fha--general and special risk program account
For an additional amount for the cost of guaranteed loans,
as authorized by sections 238 and 519 of the National Housing
Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan
guarantee modifications as that term is defined in section
502 of the Congressional Budget Act of 1974, as amended,
$40,000,000, to remain available until expended: Provided,
That funding under this heading shall be made available only
upon implementation of an interim final rule revising the
premium structure for programs provided for under this
heading.
INDEPENDENT AGENCIES
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$243,059 to remain available until expended.
Environmental Protection Agency
environmental programs and management
From the amounts appropriated for Cortland County, New York
and Central New York Watersheds under this heading in title
III of Public Law 106-377 and in future Acts, the
Administrator is authorized to award grants for work on New
York watersheds.
state and tribal assistance grants
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking all
after the words ``Limestone County Water and Sewer Authority
in Alabama for'' in reference to item number 13, and
inserting the words ``drinking water improvements''.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking the
words ``the City of Hartselle'' in reference to item number
11, and inserting the words ``Hartselle Utilities''.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking the
words ``Florida Department of Environmental Protection'' in
reference to item number 48, and inserting the words
``Southwest Florida Water Management District''.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking all
after the words ``Beloit, Wisconsin'' in reference to item
number 236, and inserting the words ``extension of separate
sanitary sewers and extension of separate storm sewers''.
Under this heading in title III of Public Law 106-377,
strike ``$3,628,740,000'' and insert ``$3,641,341,386''.
[[Page H3337]]
Federal Emergency Management Agency
disaster relief
(rescission)
Of the funds made available in the second paragraph under
this heading in the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001 (as enacted into law by Public Law
106-377), $389,200,000 are hereby rescinded.
Part B Amendment Offered by Mr. Toomey
Mr. TOOMEY. Mr. Chairman, I offer an amendment. The amendment has
been printed in House Report 107-105 and made in order by House
Resolution 171.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B Amendment printed in House Report 107-105 offered by
Mr. Toomey:
In chapter 9 of title II, strike the item relating to
``Federal Emergency Management Agency''.
At the end of the bill, insert after the last section
(preceding the short title) the following:
Sec. . (a) Government-Wide Rescission.--(1) There is
hereby rescinded an amount equal to 0.33 percent of the new
discretionary budget authority provided (or obligation limit
imposed) for fiscal year 2001 in this or any other Act for
each department, agency, instrumentality, or entity of the
Government.
(2) Paragraph (1) shall not apply to budget accounts
included under major functional category 050 (national
defense).
(b) Restrictions.--In carrying out the rescissions made by
subsection (a)(1), no program, project, or activity of any
department, agency, instrumentality, or entity may be reduced
by more than 15 percent (with ``programs projects, and
activities'' as delineated in the appropriation Act or
accompanying report for the relevant account, or for accounts
and items not included in appropriation Acts, as delineated
in the President's most recently submitted budget).
(c) Report.--The Director of the Office of Management and
Budget shall include in the President's budget submission for
fiscal year 2003 a report specifying the reductions made to
each account pursuant to this section.
The CHAIRMAN pro tempore. Pursuant to the order of the Committee of
today, the gentleman from Pennsylvania (Mr. Toomey) and a Member
opposed each will control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Toomey).
Mr. TOOMEY. Mr. Chairman, I yield myself 3 minutes and 15 seconds.
First let me say that I recognize the need for the additional defense
spending that is in this bill and I support that, and this amendment
makes no attempt to offset that necessary increase in defense spending.
My concern, however, is the $1.2 billion in nondefense, nonveteran, new
spending in the supplemental spending bill.
I would point out that last year the Congress and the previous
administration increased Federal discretionary spending by more than 8
percent. If we pass this bill in its current form without fully
offsetting even the nondefense new spending portion, with sometimes
spending reductions elsewhere, then we will have increased spending by
approximately 10 percent. In doing so, we will be growing government
faster than virtually any other segment of our society. We will be
increasing government spending three to four times the rate of
inflation. We will be spending away the surplus and that means less
money available for tax relief, less money available for debt
reduction, a greater chance that soon, perhaps as soon as 2003, we may
be dipping back into the Medicare and Social Security funds to pay for
all of this spending. To avoid this, we have to draw a line on
spending.
In fairness, this supplemental bill does attempt to offset part of
this new spending, but it does not offset all of the nondefense
portion, and one of the offsets does not seem kosher. So this amendment
does two things with respect to offsetting the nondefense, nonveteran
portion of the spending bill.
First, it strikes the rescission of the FEMA funds. Many of our
colleagues, including many Democratic colleagues, have discussed during
the debate on this bill, as well as during the debate on the rule, that
they do not believe it is right to concentrate so much of the offsets
in the FEMA account, to cut nearly $400 million from FEMA. The White
House has announced its opposition to this rescission. Others feel that
maybe this is not a true cut. Some have suggested that FEMA has plenty
of money and that this money will never be spent. Well, if that is the
case, then it is not a real offset. In either case, this amendment
restores the FEMA funding.
The second thing is does is it says, let us take all the nondefense,
nonveteran spending that is not offset, that is about $1.1 billion, and
offset that with an across-the-board \1/3\ of 1 percent reduction in
all 2001 nondefense discretionary spending.
We provide flexibility for the administration to cut a little more in
some cases so that they could cut less or not at all in others. We have
done this before in legislation that was signed into law by President
Clinton. We leave 100 percent of all defense funding in place, and we
leave the 99.67 percent of all nondefense funding in place.
{time} 1945
I believe the various bureaucrats of the Federal government can
survive on 99.67 percent of a budget that is already more than 8
percent higher than last year.
This amendment does not attempt to reorder the priorities in the
supplemental bill. The committee has decided we need to increase
funding in non-defense areas, a number of non-defense areas. We are not
contesting those items. What we are saying is if we want to increase
spending on those items, that is okay, but pay for it with spending
reductions elsewhere.
Some opponents of this amendment will say, well, there is no need to
do this because it is within the limits of the budget resolution. That
is true, but it is beside the point. The fact is, spending is growing
too rapidly. We have to draw a line.
Mr. Chairman, this amendment will save taxpayers $1 billion this
year. It will provide more in debt reduction. It makes it more likely
we will avoid spending Social Security and Medicare surpluses, and it
restores the funding to FEMA.
I urge my colleagues to adopt this amendment.
Mr. Chairman, I reserve the balance of my time.
The CHAIRMAN. Does any Member claim time in opposition?
Mr. YOUNG of Florida. Mr. Chairman, according to the agreement, I
claim time in opposition.
The CHAIRMAN. The gentleman from Florida (Mr. Young) will be
recognized for 10 minutes in opposition.
Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that I
may yield half of my time to the gentleman from Pennsylvania (Mr.
Murtha) to control the time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Florida?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am reluctantly rising to oppose the gentleman's
amendment. He talks about a .33 percent cut across-the-board, but what
he does not point out is that 75 percent of the fiscal year is already
gone, which means that 75 percent or more of the money allocated to the
agencies have already been spent.
Let me give one example. In the event that this amendment were to
pass, the aid to Israel, which has already been released and sent to
Israel, they would have to give us a refund of $9.5 million.
If we were to pass this amendment, we would be cutting WIC by $13.3
million. We would be hitting the rural rental housing program with a
deficit of $2.3 million, and $29 million would have to be cut from the
Pell grant program. Furthermore, $25 million would be cut from the
special education programs.
LIHEAP, the program that we just doubled from the President's budget
in this bill, would have to be reduced by $5 million. Child care, $3
million would be cut from funding to help States provide assistance to
families for child care.
On border and port security, both the Customs Service and the INS
would have to reduce staffing and overtime hours at ports of entry,
likely causing delays and reducing the frequency of inspections along
the border.
With the Coast Guard, something we all support, the Coast Guard would
lose $11 million because of this amendment, which would further
exacerbate the shortages that the Coast Guard already has, something we
are trying to improve in this bill.
[[Page H3338]]
On VA and medical care, if .33 went out across the board, as the
amendment said, VA medical care would be cut by $65 million. I do not
think we want to do that.
FEMA, although this is supposedly returning money that was rescinded
from FEMA, it would be cut by $5.3 million. That does not make sense to
me, when we take it out with one hand and put it back in with the other
hand.
These are only a few of the examples. I am sure there are many more,
if we had the time to do this. But I just ask our colleagues to oppose
the Toomey amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Florida (Mrs. Meek).
Mrs. MEEK of Florida. Mr. Chairman, I thank the gentleman for
yielding time to me.
Mr. Chairman, I rise in opposition to this amendment. I could name
it, I could give it an acronym, RTC, which means restore the cut. That
is what the gentleman from Pennsylvania (Mr. Toomey) has done, restored
FEMA and then cut it.
I want to thank, Mr. Chairman, the gentleman from Florida (Mr. Young)
and the ranking member, the gentleman from Pennsylvania (Mr. Murtha),
for speaking out in opposition to this amendment. It will have a
terrible impact on our programs.
I would just say that the writer of this amendment does not
understand. We need FEMA. We need to prove the point to the American
public in which Hurricane Andrew, in which I was very much personally
involved, $1.8 billion in FEMA's money went for that, and for Hurricane
George, $2.4 billion in FEMA dollars to Florida, Alabama, Louisiana,
and Mississippi; for Hurricane Hugo, $1.3 billion. I could go on and
on. For Virginia, West Virginia, Maryland, north and south, they
received funds.
I hope the gentleman understands that the people of this country do
not want to resort to some kind of accounting gimmick to see money cut
and then restored just because it looks good in Houston. We have to see
what happened in Houston, and the devastating things that happened.
FEMA needs money. If we want to find a better way to restore FEMA
funds, I do not know where we will go to find the money, because we are
cutting Head Start, Pell grants, community policemen, and virtually
every other nondefense program.
This Congress should not allow us to do that, in that the gentleman
is posing a one-third of 1 percent across-the-board cut in all
nondefense programs except the Veterans Administration. This is going
to put a big cut in Federal programs. We should not allow an acronym to
control our fiscal accountability to the people we serve.
Mr. TOOMEY. Mr. Chairman, I yield myself 15 seconds.
I would respond to some of these allegations, Mr. Chairman.
First, I would remind my colleagues that our amendment gives
discretion to the administration as to how much would be reduced in
each area, therefore not specifying any particular program requiring a
cut.
Secondly, if someone is concerned about restoring funding to FEMA,
our amendment restores $384 of the $389 million to FEMA.
Mr. Chairman, I yield 2 minutes to my colleague, the gentleman from
Arizona (Mr. Flake).
Mr. FLAKE. Mr. Chairman, the supplemental appropriation bill before
us has its genesis in the need to address budget shortfalls for our
Nation's defense.
Mr. Chairman, the Constitution is clear that national defense is the
first priority of the Federal government. When we as a Congress think
about spending taxpayer money, our modus operandi needs to be, defense
first.
Mr. Chairman, this has not been the case in recent years. Just 10
years ago, defense made up more than 60 percent of our discretionary
spending. Now it is less than 50 percent of discretionary spending.
Defense has clearly been a lagging priority, and the readiness and
capabilities of our Nation's Armed Forces have suffered as a result.
That is why this supplemental is needed.
So when we talk about offsets, it is perfectly appropriate to look at
defense through a different lens than we view the rest of spending.
That said, there is nearly $1 billion of spending in this bill that had
nothing to do with defense, and frankly, it should not be termed an
emergency.
When we look at that money, we have to ask ourselves if the pattern
that we are setting is appropriate if we are to maintain fiscal
discipline as a Congress. Mr. Chairman, not long ago we passed an
important piece of legislation to provide tax relief. This was the
right thing to do. Americans have had too much of their money taken,
and when this happens, it happens because the Federal government is
simply spending too much. This bureaucratic monster is out of control,
and Congress has simply kept feeding it, feeding it, and feeding it.
There is no program singled out in this amendment. Any program that
is deemed vital by the agency directors and department secretaries can
be exempted, as the gentleman from Pennsylvania (Mr. Toomey) has
indicated. We just call for a simple .33 reduction in spending to make
up for the increases deemed necessary by the Committee on
Appropriations.
Voting for this amendment is a vote for fiscal discipline. It will
help set the pattern for the rest of the year. It will help prove to
the American people that we can control Federal spending as we look
forward to providing more tax relief in the future.
Please support the Toomey-Flake-Tancredo amendment.
Mr. MURTHA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I understand what the gentleman from Pennsylvania is
trying to do, and I agree with the idea that FEMA needs to be restored.
We got a letter from OMB which says it needs to be restored. We got a
letter from FEMA which says it needs to be restored. A member of the
other body wrote us a letter and says it needs to be restored. So I do
not argue that. Later on, the gentleman from Wisconsin, the ranking
member of the committee, is going to offer a recommital motion which
will say that we are going to restore the money.
But the problem with this cut, at three-quarters, almost at the end
of the fiscal year, we are cutting veterans' medical care. It does not
have to be in that area. I know that is what it says. We do not know
where it might be. We cut VA claim processing, cut Social Security
Administration, and we cut highway funds. If we look at the back of
this yellow sheet, we will see the amount of money cut from every
State.
Now, there are none of us that travel throughout our State that do
not need more money for highways. The money for highways comes from the
taxpayer, and we voted this last year, to say that all the money that
is collected in taxes is going to go to the highway fund. So it would
be a mistake, in my estimation, for us to in any way make this cut in
order to restore the FEMA funds.
Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. MURTHA. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Chairman, to follow up on that point, the
gentleman is absolutely correct. The highway cuts are rather severe,
such as the $187 million this would cut from the highway construction
account, and I would point out that with 75 percent of the fiscal year
already expired, these monies are obligated.
The monies being spent, how are we going to get them back if this cut
should go through? It would be devastating to every State in the Union
on their highway account.
Mr. Chairman, I would appreciate the gentleman's explanation about
that if he has anything further on it.
Mr. MURTHA. Yes, I think it would be certainly devastating to
Pennsylvania, Mr. Chairman, because the money has already been
obligated; I think any other State, also, and there are a whole list of
States that would lose money.
I sympathize with what the gentleman is trying to do. I went through
a flood in 1977, which had a devastating impact. FEMA was absolutely
essential to our recovery. We spent $350 million in Federal money
trying to help the area, so we are going to help him at some point. But
we cannot afford to take money out of these programs, the highway
program in particular, in order to restore the FEMA money.
[[Page H3339]]
Mr. ROGERS of Kentucky. If the gentleman will continue to yield, Mr.
Chairman, he mentioned cuts in VA medical care, $56 million of cuts.
That is likely, is it not, to come from the hospital care portion of
VA, and would that not mean that VA would absolutely have to have those
hospitals send them money back, and retrieve money from every one of
the 172 VA hospitals? Is that not correct?
Mr. MURTHA. The gentleman knows how hard we fought over the years to
increase this. Every administration has not had enough money for
veterans' affairs, so I would urge the Members to vote against this
amendment.
Mr. TOOMEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would point out to my colleagues that this amendment
contemplates $1 billion out of a $1,900 billion budget.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Indiana
(Mr. Pence).
Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I come to the well this evening to support the efforts
of my good friends, the gentleman from Pennsylvania (Mr. Toomey), the
gentleman from Arizona (Mr. Flake), and the gentleman from Colorado
(Mr. Tancredo), in their efforts to restore the FEMA rescission and to
find suitable offsets for the nonveterans, nondefense-related
appropriations found in this supplemental bill.
In the few minutes that I have, Mr. Chairman, let me just say that I
believe this measure and this amendment is about putting our house in
order. It is not, as some Members have suggested, restoring the cut. It
is not even a reduction, Mr. Chairman. It is just a slightly smaller
increase.
I think tonight of all nights, in the wake of the largest tax cut in
a generation, particularly the members in my party ought to remember
not the victory of this time, or the victory of 20 years ago, but we
ought to remember the mistakes of 20 years ago.
We ought to remember the last time we cut taxes across-the-board for
all Americans that we in this Congress and even in my own party filed
to marry that with fiscal restraint, with fiscal responsibility.
Mr. Chairman, I rise in strong support of this amendment, for the
sole reason that history is a teacher. We will either learn from it or
we will be cursed to repeat it.
Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to my friend,
the gentleman from New Jersey (Mr. Freylinghuysen).
Mr. FRELINGHUYSEN. I thank the gentleman for yielding time to me, Mr.
Chairman.
Mr. Chairman, I rise in opposition to this amendment, which would
harm the existing Veterans Administration budget in three vital areas
that would affect our Nation's veterans.
First, in health care, we have all fought for increased medical care
funding on a bipartisan basis. This amendment would cut almost $70
million from veterans' medical care, resulting in furloughs of many
employees that look after these very needy and sick veterans.
{time} 2000
This amendment would be in addition to the over $45 million that was
cut from the VA medical care as a result of the first across-the-board
cut.
Secondly, the fiscal year 2001 VA-HUD act delays funds for building
repairs and equipment purchases until August 1. This amendment would
cut the amount of money available for hospital and clinic repairs,
patient safety corrections and new medical equipment for our veterans.
In addition, it would cut money from vital VA research accounts.
Lastly, Mr. Chairman, this supplemental provides increased funding of
$19 million to expedite claims. These claims would be hurt because they
would not be processed.
Mr. TOOMEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, I thank the gentleman from Pennsylvania
(Mr. Toomey) for yielding me the time.
The debate on this reminds me of what happens every single time we
look at Colorado. I imagine this happens with several other States too
when we look at a reduction in budgets for any entity, especially
schools. Every time somebody would talk about a potential budget cut
for the schools, everybody would stand up and say, if you do this, we
will not be able to buy chalk; if you do this, we will not be able to
provide transportation to the kids.
They would use every imaginable sort of hot button issue they could
think of knowing full well that would never actually come to that
point; but they know that people would say, oh, well, of course, if you
cannot buy chalk, we cannot do this.
When we talk about all the things that would happen if we pass this
.3 percent budget cut and our colleagues suggest that the hospitals
have to give money back, all the veterans issues that our colleagues
bring up would have to end up being cut.
Remember, of course, that we are not talking about mandatory
spending. The mandatory spending that the gentleman refers to,
especially in veterans, has absolutely nothing to do with this
amendment, talking about discretionary spending.
We cannot possibly stand here and say here are all the things that
are going to happen and use the biggest hot buttons issues we can think
of to suggest that a .3 percent cut would, in fact, make those things
happen. We know that that would not, in fact, occur.
We are looking at a Congress that should continue to fund our
Nation's priorities, I understand. But what we are doing tonight in a
budget, any budget, is establishing priorities. What we are simply
asking our colleagues to do this evening is to think about priorities.
Do you believe that the agencies of this government can do with a .3
percent budget cut? In the meantime, do you think that that money or a
good portion of it should better and could better be used by FEMA to
address the problems that we all agree are national emergencies?
It seems to me so clear. It seems to me almost incomprehensible that
we could suggest that somehow this government which has grown so well,
24 percent in the last 3\1/2\ years, I mean, what family budget has
grown like that?
Mr. TOOMEY. Mr. Chairman, I yield myself the balance of my time.
The CHAIRMAN. The gentleman from Pennsylvania (Mr. Toomey) is
recognized for 1 minute.
Mr. TOOMEY. Mr. Chairman, let me remind my colleagues and put this in
some context, we have a $1,900 billion budget, plus or minus. We are
contemplating $1 billion of the $1,900 billion that is going to be
spent.
Let us keep in mind also that the reduction is all in discretionary
spending; it is not in mandatory spending. Veteran benefits is
mandatory spending. That would not be touched by this.
Let us bear in mind also that the amendment gives the administration
the authority to have some flexibility, so they could choose to cut
some more in some places and not cut at all in other places.
Let us also, please, keep in mind we are talking about 1/3 of 1
percent of this Federal budget, meaning that of all of the
discretionary spending, 99.67 percent, would go forward.
If our colleagues believe it is important to fund FEMA, and I heard
many people come down here and say how important this is, this is the
amendment that does this. We restore a net of $384 million out of $389
million to FEMA.
If our colleagues believe it is important to have some spending
discipline, this is the amendment that does that. It says we will
offset new spending with reductions. If our colleagues believe in
honest offsets and debt reduction, I urge support of this amendment.
The CHAIRMAN. The gentleman from Florida (Mr. Young), Chairman of the
Committee on Appropriations, has 1\1/2\ minutes to close.
Mr. YOUNG of Florida. Mr. Chairman, I yield myself 30 seconds.
Mr. Chairman, I want to correct something that was just said,
veterans health care is discretionary. Veterans health care is
discretionary and would be affected by this amendment. I mentioned
earlier, as have others, 75 percent of the fiscal year has gone by. By
the time this bill goes to the other body, gets conferenced, goes to
the White House, 80 percent of the year might be gone.
[[Page H3340]]
The money is going to be spent. This does not work. The money is
obligated, and it is just not going to work. This amendment is not as
good as it might sound.
Mr. Chairman, I yield the balance of my time to the gentleman from
Ohio (Mr. Regula), the chairman of the Subcommittee on Labor, Health
and Human Services and Education.
Mr. REGULA. Mr. Chairman, I thank the gentleman from Florida (Mr.
Young) for yielding me the time.
Mr. Chairman, just let me point out a few of the cuts; $67 million on
medical research, if there is ever a time in medical research that it
is important, it is now.
There is $25 million from special ed. Most of the Members say we
should put more in IDEA. Here we are proposing to cut $25 million from
the programs for these kids that need special education.
We heard about LIHEAP earlier. There is $5 million cut from LIHEAP
when we have an energy crisis. There will $3.8 million cut from
community health centers where people can go instead of loading up and
clogging up the emergency rooms, where the poor people can go and get
some help; yet we talk about cutting it. A lot of that is done with
volunteers.
There is $2 million cut from the immunization program of the Centers
for Diseases Control. Many of our colleagues saw the news in my
district recently about the meningitis scare. Two young people died;
another young lady came close. So as a result, we vaccinated 10,000
students against meningitis. Yet we are talking about cutting it. We
remember the shortage of flu shots.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Toomey).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. TOOMEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Pennsylvania (Mr.
Toomey) will be postponed.
Amendment Offered by Mr. Bentsen
Mr. BENTSEN. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Bentsen:
In chapter 9 of title II, strike the item relating to
``Federal Emergency Management Agency--disaster relief''.
The CHAIRMAN. Pursuant to the order of the Committee of today, the
gentleman from Texas, (Mr. Bentsen) and a Member opposed each will
control 10 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the
amendment.
THE CHAIRMAN. The Chair recognizes the gentleman from Texas (Mr.
Bentsen).
Mr. BENTSEN. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, first let me say on the previous amendment, I hope the
House votes down the previous amendment, because that amendment sort of
adds insult to injury. What the author did was to take the FEMA money
hostage and use it to try and rewrite the budget that the Congress
voted on and passed in the last Congress.
Mr. Chairman, I hope that amendment goes down. In addition, that
amendment would still cut FEMA; that is the wrong direction.
We have had debates on this today. This amendment is going to be
struck in a point of order, because of the Budget Act; but the fact is
that there is not enough money in the FEMA accounts to deal with the
situation in Texas and Louisiana, not to mention Pennsylvania and other
disasters like that, and also the State of Wisconsin.
In fact, in the last 48 hours, FEMA has doubled their estimate of the
damage costs that they will incur in Harris County alone from a billion
dollars to $2 billion; and it is estimated that that cost will continue
to rise, probably to about $4 billion. In fact, the Texas Medical
Center, which is in my district, looks like it has incurred about $2
billion of damage on its own.
There are 50,000 people either removed from their homes or their
homes are in complete disrepair. This is a major disaster. FEMA only
has about $1.1 billion of unobligated funds.
Again, let me say, I understand the committee had to do what it had
to do to try and make the numbers work, but they did add funding on and
at the time they did it, they did not realize Allison was going to
occur; but the President through the Office of Management and Budget is
opposed to this recision.
We have one of our Senators from Texas from the other party opposed
to this recision. We can correct this situation if there is not a point
of order, although I assume there will be a point of order. If that
does not work, then I would recommend that Members support the
recommittal motion by the gentleman from Wisconsin (Mr. Obey) that will
correct the situation once and for all.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Chairman, first, let me remind my colleagues
that FEMA, which is also under my committee's jurisdiction, currently
has $1.3 billion available in its emergency fund even after the
recision goes into effect. I want my colleagues to remember that.
I would like to also say, Mr. Chairman, that we have to understand
one thing, I was not here for the Toomey-Flake-Tancredo amendment; but
it violates the guaranteed funding levels established in T21 and Air 21
by requiring an across-the-board cut for Federal spending programs.
Every State and every Member's highway transit project and urgently
needed airport projects would be subject to reduced fundings. T21 and
Air 21 have brought much-needed honesty and protections to those
dedicated-user financed trust fund programs. This amendment attempts to
thwart the will of Congress.
America's modus and airplane passengers have already paid for these
programs in the form of dedicated-user taxes which are established to
pay for transportation improvements.
Again, let me restate, FEMA has $1.3 billion available in its
emergency fund right today. That amount should be sufficient to cut
FEMA's emergency costs for the balance of the fiscal year.
Mr. Chairman, I urge a no vote on both of these amendments.
Mr. BENTSEN. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Hoeffel).
Mr. HOEFFEL. Mr. Chairman, I thank the gentleman from Texas (Mr.
Bentsen) for yielding me the time.
Mr. Chairman, I hope that the gentleman from Alaska (Mr. Young) is
right. I hope that FEMA has $1.3 billion. It is going to need every
penny of it to respond to Allison; every penny is going to be needed
and then some to respond to Allison.
In Upper Moreland Township in my State, 10 inches of rain fell in
less than an hour. In a fully developed suburban community with too
many parking lots and too many impervious surfaces, these small
backyard creeks, the Pennypack, the Mill Creek, Little Neshaminy Creek,
usually a couple of inches deep, maybe a couple of feet, Mr. Chairman,
became flooded 15 feet and 20 feet deep, stretching out hundreds of
yards wide and flooded out whole neighborhoods.
In my district, 1,200 homes were flooded, 200 businesses were
flooded. Almost $5 million in damages to public facilities was
incurred.
This is a letter from Governor Ridge to President Bush asking for a
Federal declaration of disaster to be issued. We have a major disaster
in Philadelphia from the same storm that so badly affected Houston,
Texas, and so many communities in between.
This bill, which rescinds FEMA money, $389 million, is a terrible
mistake. The previous amendment, I believe, will not succeed. It will
be voted down, because of the broad across-the-board cuts. The Bentsen
amendment is the only vehicle we have to restore this money to FEMA
that is so badly needed.
If the Bentsen amendment is ruled out of order, I hope that the House
will pass the Obey recommittal. We have to
[[Page H3341]]
restore this money. We cannot take a chance that FEMA will run short.
The Allison bills are just beginning to roll in from Pennsylvania, and
they are going to be enormous. We must act now.
Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may
consume to the distinguished gentleman from New York (Mr. Walsh),
chairman of the Subcommittee on VA, HUD and Independent Agencies.
Mr. WALSH. Mr. Chairman, I rise in opposition to this amendment
offered by the gentleman from Texas (Mr. Bentsen).
Mr. Chairman, we spent a lot of time trying to determine what funds
are available in FEMA. And based on, I think, very accurate
information, we know that the White House, that OMB, and the Treasury
have $1.1 billion available to them in contingency emergency funds for
FEMA.
There is also approximately $900 million in the pipeline from prior
years' appropriations. Even with a $389 million revision, there still
is $1.6 billion available for the remainder of this year. When I say
the remainder of this year, I am saying, July, August, September; three
more months, $1.6 billion.
In next year's bill, we intend to appropriate in the neighborhood of
another $1.5 billion, which would be available as soon as the President
signed the bill, hopefully in September or October. Those funds then
become available.
Mr. Chairman, within the very near future, we have got about $3
billion to work with. No one knows exactly what the extent of the
damages are due to Allison; but if we can learn anything from history,
Hurricane Floyd, which was a very severe hurricane that we all
remember, we voted on a supplemental appropriation. Hurricane Floyd
affected 14 States all up and down the east coast, into the Carolinas,
New Jersey, Florida, all the way up and down; and the total costs to
FEMA were about $1.1 billion.
{time} 2015
And it was a massive storm. No one knows yet what the estimates are
for Allison, but it is fair to say, Mr. Chairman, that we have at least
$1.6 billion available right now in the pipeline ready to go. And if
the Congress acts promptly in the fall, we will have another $1.5
billion. So a total of over $3 billion available.
We looked very hard to find funds within existing appropriations for
this rescission. I think it is a fair rescission. I have talked with
Mr. Allbaugh about it. He is not totally sanguine with it, but he does
understand the resources he has, and I think he can live with those
until the next fiscal year begins.
So, Mr. Chairman, I would urge a strong opposition to this amendment
and urge a ``no'' vote.
Mr. BENTSEN. Mr. Chairman, I yield myself 10 seconds to say that
FEMA's report yesterday afternoon, for Texas alone, is $2 billion.
These are their numbers and we know the numbers will go up.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr.
Lampson).
Mr. LAMPSON. Mr. Chairman, I thank the gentleman for yielding me this
time.
Eleven days ago I had a shovel in my hands and I was in my backyard
trying to clear drains to save my own house. My neighbors were not as
lucky as me. Nine days ago I joined the gentleman from Texas (Mr.
Bentsen) and some of my other colleagues, along with Joe Allbaugh, the
Administrator of FEMA, to tour the devastation we saw throughout
southeast Texas. We saw lost businesses, lost houses, lost research,
wrecked lives, lost lives, and yet today we are having a debate on
allocating disaster funds. Unbelievable.
Our question is do we put back into the budget the $339 million the
Committee on Appropriations took out. How can any cut be justified in
light of the fact that we just had a $4 billion disaster in one part of
our country?
My colleagues of the House, please do not turn your backs on these
people or anyone else who needs help recovering from a catastrophe.
Support the Bentsen amendment or support the Obey recommittal.
Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the
gentleman from New York (Mr. Walsh).
Mr. WALSH. Mr. Chairman, I do not believe I am going to need all that
time, and I will yield it back to the chairman of the committee.
I do not think anyone here can stand back and not be concerned about
the damages that have occurred in Texas and throughout the country. We
are all very concerned about it. We would not rescind funds if we did
not think that there was sufficient funds available. I want to make
that very, very clear, because this is an important emergency that we
have to respond to and FEMA needs the resources. As I said, there is
about $1.6 billion available.
The gentleman from Texas just pointed out that the FEMA estimates are
approximately $2 billion for Texas. I believe that is true, but the
fact of the matter is most of those expenses, most of those losses will
be covered by private flood and disaster insurance. FEMA is not
responsible nor would it ever be responsible for all those losses. Many
of those will be covered by private insurance. So the $2 billion figure
is not the FEMA requirement.
Mr. BENTSEN. Mr. Chairman, I yield myself 50 seconds.
Let me say to my good friend that I appreciate his sincerity and the
sincerity of the chairman of the full committee. But I will tell my
colleagues that they estimate, that probably less than a quarter were
in the NFIP program; that less than a quarter had flood insurance. They
estimate that private insurance will pick up less than a quarter of the
costs, and they estimate the cost is going to rise.
I know we will get back to it and get money in there. But my concern
is we are going to hamstring FEMA while they are trying to do this.
They already have a couple of hundred million allocated to this, and
they expect to do much more, to move very quickly. I know the committee
did not do this because they were not concerned about Allison or trying
to help, because Allison had not occurred when the committee was
looking to do this.
Mr. WALSH. Mr. Chairman, will the gentleman yield?
Mr. BENTSEN. I have a limited time, but I yield to the gentleman from
New York for 5 seconds.
Mr. WALSH. Even in that case, FEMA's responsibility is to do the
immediate cleanup and then pay for municipal damages, not all private
damages.
Mr. BENTSEN. Reclaiming my time, Mr. Chairman, the numbers they are
talking about are both the residential and the public disaster
assistance.
Mr. Chairman, I yield 1 minute to the gentlewoman from Texas (Ms.
Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, as we can see, there is a lot
of need in Texas. And I guess the point to my colleagues, as I support
this amendment, is this is the right way to do it. This is simply
striking the rescission of $389 million, and the reason is because we
need the money now.
Disaster after disaster, we do not know what this is going to total.
And might I say that the FEMA Director himself analyzed that the total
damage is $4 billion. We realize that some of this does not get covered
by FEMA, but let me say that most people did not expect this and
therefore they are in areas of flooding, covered areas, that did not
require flood insurance. This was unexpected.
We already have $771 million that FEMA is going to utilize for
temporary grants, but we do not have the remaining dollars that we need
to cover what FEMA does not know that it is going to have to pay out.
We have 32,000 homes plus and we have the need of the monies now. To
take out $389 million does not help us.
I hope this amendment passes and we can waive the point of order. In
the alternative, I thank the gentleman from Wisconsin (Mr. Obey) and
the gentleman from Pennsylvania (Mr. Murtha) for their recommittal and
I hope we support that motion at that time.
Mr. YOUNG of Florida. Mr. Chairman, what is the time remaining on
each side?
The CHAIRMAN. The gentleman from Florida (Mr. Young) has 5 minutes
remaining, and the gentleman from Texas (Mr. Bentsen) has 3 minutes
remaining.
Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.
Mr. BENTSEN. Mr. Chairman, I yield myself the balance of my time.
[[Page H3342]]
Mr. Chairman, I think the chairman of the committee is sincere, and I
think the chairman of the subcommittee is sincere that they are going
to fund this. I have no doubt that ultimately we are going to probably
appropriate several billion dollars in disaster assistance to Texas,
and Louisiana, probably Pennsylvania, not to mention the other
disasters that are going to occur.
The gentleman mentions we only have 3 months left in the fiscal year,
although these are the big three months when we have the hurricanes,
the forest fires and the like.
The reason why there is a problem with the rescission at all in the
FEMA account is because it is being used as a plug figure to make this
supplemental fit under the budget caps for purposes of the Budget Act.
And I understand, the committee has to do that. I sit on the Committee
on the Budget. But to say on the one hand that we are being fiscally
responsible by putting this rescission in, and then saying, sort of
with a wink and a nod, but we are going to fix it later does not jibe
mathematically. It may work for purposes of the Budget Act, but it
would not match general accounting principles one iota.
My concern is that the disaster in Texas and in my home county of
Harris County is so severe and the amount of money that is going out
the door is so rapid that by taking this $400 million out, if it were
ever to become law, and quite frankly I do not think the other body is
going to go along with it, because one of my Senators from Texas over
there is actually trying to add $.5 billion to $1 billion, and I think
at the end we are going to have no rescission but I think it is a bad
start here, at the end of the day. If we were to do this, I think we
would hamstring FEMA, because I do not think they really know how bad
this is.
The three main hospitals in Harris County, Texas are effectively shut
down. The Level I trauma center is over capacity. The Army had to bring
in a Level I trauma center for the fourth largest city in the United
States, the third most populous county in the United States, because
they do not have the sufficiency in their existing health care
facilities, where they have the largest medical center in the world, to
deal with it.
I appreciate what the committee is trying to do to meet the Budget
Act, to fund the other things that need to be funded, but on this one
the committee is just wrong. They are just wrong, and I know they did
not intend it when they started out but we can correct it. The chairman
could be gracious and not raise his point of order, though I think he
is probably going to raise his point of order, but if we do not do
that, what we can do is, when the gentleman from Wisconsin (Mr. Obey)
offers his motion to recommit, we can send this bill back to the
committee forthwith and have it come straight back to the House with
this rescission corrected and move on with our bid.
I predict if we do that, we will get the administration's okay,
because they do not agree with this rescission. President Bush does not
agree with this rescission. I do not think FEMA likes this rescission,
and I do not think our colleagues across the Capitol like this
rescission. So we can move forward to make sure FEMA has the resourses
to deal with the disaster of Allison.
Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman for that
enlightening comment.
Mr. Chairman, I yield myself the balance of my time.
Since we have debated this issue five or six times here this
afternoon and this evening, I just want to make the point again that
Congress, since in the times that I have been here, has never refused
to meet its responsibility when it came to natural disasters, not only
in the United States but in many parts of the world, and we will
continue to do so.
If the gentleman were to be correct that we are wrong, and I do not
think we are, but if he were to be correct, Congress would react
quickly to meet any problems that might occur from a natural disaster.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Wisconsin.
Mr. OBEY. This Congress may have met its responsibilities to FEMA in
the past, but right now it is playing let us pretend with this
rescission.
Mr. YOUNG of Florida. Mr. Chairman, I yield back the balance of my
time.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it is in violation of section 302(f) of the
Congressional Budget Act of 1974. The Committee on Appropriations filed
a suballocation of budget totals for fiscal year 2001 on June 19, 2001.
That was House Report 107-104. This amendment would strike a rescission
and, therefore, provide in effect a new budget authority in excess of
the subcommittee suballocation made under section 302(b) and is not
permitted under section 302(f) of the act.
And so, Mr. Chairman, I insist on my point of order.
The CHAIRMAN. The gentleman advances his point of order. Does the
gentleman from Texas (Mr. Bentsen) wish to be heard on the point of
order?
Mr. BENTSEN. Briefly, Mr. Chairman, because of the time agreement
that we honored.
As the chairman read the point of order, I think it underscores the
point, because he says were this to be allowed, the rescission would
result in new budget authority. But, in fact, what the rescission does
is it strikes budget authority that was created by the 106th Congress.
It really is not new budget authority, but it underscores the nuance of
the Budget Act and the fact that additional spending in this
supplemental had to be offset both through emergency declaration and
then through the rescission of FEMA, which I believe, I truly believe,
will hamstring FEMA.
But I appreciate the chairman's sincerity and I will abide by the
point of order.
The CHAIRMAN. The Chair is prepared to rule. The Chair is
authoritatively guided by an estimate of the Committee on the Budget
under section 312 of the Budget Act that an amendment providing any net
increase in new discretionary budget authority would cause a breach of
the pertinent allocation of such authority.
The amendment offered by the gentleman from Texas would, by striking
a rescission contained in the bill, increase the level of new
discretionary budget authority in the bill. As such, the amendment
violates section 302(f) of the Budget Act.
The point of order is sustained. The amendment is not in order.
The Clerk will read.
The Clerk read as follows:
National Aeronautics and Space Administration
human space flight
The last proviso under the heading, ``Human space flight'',
in Public Law 106-74, is deleted. Of the unobligated balances
made available pursuant to the preceding sentence,
$15,000,000 shall be used only for research to be carried out
on the International Space Station.
GENERAL PROVISION--THIS CHAPTER
Sec. 2901. (a) The unobligated balances as of September 30,
2001, of funds appropriated in the first seven undesignated
paragraphs under the heading ``Community development fund'',
in the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2001 (as enacted into law by Public Law 106-377), are
rescinded.
(b) Subsection (a) shall be effective on September 30,
2001.
(c) The amount rescinded pursuant to subsection (a) is
appropriated for the purposes named in the first seven
undesignated paragraphs under the heading ``Community
development fund'', of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001 (as enacted into law by Public Law
106-377), to remain available until September 30, 2003.
Amendment Offered by Mr. Baird
Mr. BAIRD. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Baird:
Page 45, after line 25, insert the following new section:
Sec. 2902. For payments by the Secretary of Energy to
States to provide reimbursements to local educational
agencies, and schools funded by the Bureau of Indian Affairs,
for the purpose of assisting schools severely impacted by
rising energy prices, of which $55,000,000 shall be derived
by transfer from the amount provided in this Act for
``Research, Development, Test and Evaluation, Air Force'',
$21,000,000 shall be derived by transfer from the amount
provided in this Act for ``Financial Management Service--
[[Page H3343]]
Salaries and Expenses'', and $24,500,000 shall be derived by
transfer from the amount provided in this Act for ``Operation
and Maintenance, Air Force'', $100,500,000, to remain
available until expended: Provided, That a local educational
agency or Bureau funded school shall be eligible for
assistance under this paragraph only if (1) it has reduced
power consumption on a per capita basis at least 10 percent
from the previous academic year, and (2) it has power rates
that have increased at least 20 percent over the previous
academic year: Provided further, That any reimbursement to a
local educational agency or Bureau funded school under this
paragraph shall be of sufficient size to offset up to 50
percent of the increase in annual energy costs to each
participating school.
Mr. BAIRD (during the reading). Mr. Chairman, I ask unanimous consent
that the amendment be considered as read and printed in the Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Washington?
There was no objection.
Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order
against this amendment, but I will not exercise the point of order
until the gentleman has had his 5 minutes to explain his amendment.
Mr. BAIRD. Mr. Chairman, I thank the chair of the Committee on
Appropriations for his courtesy.
Mr. Chairman, the purpose of a supplemental appropriation is to help
out when our planning from last year did not adequately anticipate the
needs of this current fiscal year.
{time} 2030
This is a situation we face on the West Coast and elsewhere in the
country as we contemplate the tremendous rise in energy prices. In my
district alone we are facing million dollar increases for some school
districts. The Vancouver School District and Evergreen School District
anticipate almost a $1.5 million increase for their energy.
Other school districts are facing similar problems, not because of
error or a factor they could control, but largely because of failed
government policies.
Mr. Chairman, what I offer today is a $100 million appropriation to
provide Federal support for schools which have done several things.
First, they must lower their energy consumption by 10 percent on an
average per capita basis from the previous year.
Secondly, they must see a power increase of 20 percent over the
previous year, so it must be a substantial increase, something they
could not normally be expected to absorb. And let me state that schools
do not have funding flexibility from year to year. They are based on
levies or appropriations from the legislature.
In addition, this bill does not give a full Federal handout to the
schools. They must carry half the load, and then the Federal Government
would help out.
This is a reasonable and fair bill. We recognize and respect the $6.5
million cap, and we have proposed three cuts. One, the aforementioned
$30 million spent on the IRS letter. Secondly, a reduction in funds for
repair and maintenance of business jets essentially for top brass in
the military. That money was not actually requested by the Department
of Defense, but was introduced by the House. In addition, a cut in the
unrequested money for the air-based laser program.
We believe if the choice is between letting our children have decent
books, warm classrooms, and adequate light, this Committee and Congress
should make the proper choice.
Mr. Chairman, I yield to the gentlewoman from Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Chairman, I rise in strong support of this
amendment. Not only is the energy crisis in the Western United States
impacting business and consumers, it is already eroding the meager
budgets of our schools. The Oregon school administrators recently
conducted a survey of school districts around the State to get a better
understanding of what is happening.
Mr. Chairman, the results of this survey are staggering. The average
cost of electricity has increased by 29.3 percent. My colleagues have
to understand, this is going to go up. There is going to be another
increase in October. In fact, some of our school districts are facing
100 to 200 percent increase in their utility costs; again with another
increase due in October. This is unacceptable.
Mr. Chairman, we already have school districts that are barely making
it on their budgets, and this is a horrendous cost to them. One of my
schools, in fact the largest school, has budgeted another $850,000 for
utility costs. This is money that could be spent on hiring 24 new
teachers so they can decrease class size. It could be used to purchase
text books or modernize our classrooms or even use it to perform
professional development of teachers. School administrators from
California to Massachusetts are having to make tough choices. Do we
keep teachers on the payroll or pay the electric bill and keep the
lights on.
Schools are having to make these tough decisions in the midst of an
energy crisis. I am sorry that we can not do this for our schools if we
do not accept this amendment. This is a situation none of us foresaw,
and that is what an emergency budget is for.
This amendment speaks to what our priorities are in this Congress. I
do not relish having to explain to my constituents that we could not do
this for our schools.
Mr. BAIRD. Mr. Chairman, these costs were unanticipated. The Federal
Government has a responsibility to help these schools that had no way
of paying for these in advance. The reductions elsewhere in the bill we
believe are reasonable and sound, and we believe this would go a long
way towards helping schools.
Mr. Chairman, I yield back the balance of my time.
Point of Order
Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation on an appropriations bill; therefore, it
violates clause 2 of rule XXI. The rule states in pertinent part: ``An
amendment to a general appropriations bill shall not be in order if
changing existing law.'' The amendment gives affirmative direction in
effect, and I insist on my point of order.
The CHAIRMAN. The chairman advances his point of order. Does the
gentleman from Washington wish to be heard on the point of order?
Mr. BAIRD. Mr. Chairman, I do.
Mr. Chairman, there are existing programs within the Department of
Energy assistance to schools. While we believe this is somewhat
different from the exact nature of those programs existing now, we
believe it is within the same spirit. The premise here is this: the
Department of Energy has within its purview the opportunity to provide
money for local schools to help them meet energy costs. We see this
more as an extension of that program rather than a new authorization.
Let me reiterate, we have schools that are facing a million dollar
shortfall in their energy budget, and that is unacceptable. This
Congress has an opportunity to help those schools out. We believe we
should do so. We believe the cuts that are offered within this
amendment are reasonable and fair. While we respect the budget caps, we
believe we should put our children first. If we really want to say,
leave no child behind, we should also say leave no child in the dark or
in the cold, and make sure that they have adequate teachers. This bill
will help ensure that occurs.
Mr. Chairman, should we not approve this amendment today, I would
hope my colleagues would consider joining us if we need to seek further
authorization in future legislation. I fully intend to introduce
legislation to that effect.
The CHAIRMAN. The Chair is prepared to rule, and finds that this
amendment includes language imparting direction. The amendment,
therefore, constitutes legislation in violation of clause 2 of rule
XXI.
The point of order is sustained, and the amendment is not in order.
Mr. HOYER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise to enter into a colloquy with the gentleman from
Ohio (Mr. Regula), the chairman of the Subcommittee on Labor, Health,
Human Services and Education regarding funding for the Pell Grant
maximum.
I am happy to see that the bill fixes a technical problem with title
I funding with ESEA and the Department of Education, but I am
disappointed that we were not able to do the same with the Pell Grant
maximum funding. In the final fiscal year 2001 appropriations
[[Page H3344]]
bill, the Pell Grant maximum was set at $3,750, a $450 increase over
fiscal year 2000, an increase that will help millions of low-income
students go to college.
However, because of unexpected growth in the number of eligible
students, the fiscal year 2001 Pell Grant appropriation was $117
million less than the amount actually needed to support the $3,750
maximum.
Mr. Chairman, I had intended to offer an amendment to fix this
problem, but was hesitant to do so without an offset. Furthermore, we
had discussed this issue. It is my hope, and I think the gentleman's as
well, that we may work together to remedy this situation as soon as
possible.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. HOYER. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, I thank the gentleman for his concern which
is shared on this side of the aisle. The Pell Grant program is the
bedrock of student aid programs. I am pleased to say that this Congress
has increased the Pell Grant program to the highest level in history by
providing an increase of 60 percent in the maximum grant from $2,340 in
fiscal year 1995 to $3,750 in fiscal year 2001.
Offsets are necessary to keep the overall bill within limits, but
should additional funds become available through the supplemental
process, we would certainly consider providing extra funds to the Pell
Grant program.
Mr. HOYER. I thank the gentleman for his comments. I appreciate his
representation, and I look forward to working with him on this issue.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE III
GENERAL PROVISION--THIS ACT
Sec. 3001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 3002. Within 5 days of the enactment of this Act, the
Secretary of State is directed to report to the Committee on
Appropriations on the projected uses of the unobligated
balances of funds available under the heading ``Agency for
International Development, International Disaster
Assistance'', including plans for allocating additional
resources to respond to the damage caused by the earthquakes
that occurred in El Salvador in January and February of 2001.
Amendment Offered by Mr. Traficant
Mr. TRAFICANT. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Traficant:
Sec. . No funds made available under this Act shall be
made available to any person or entity who has been convicted
of violating the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly know as the ``Buy American Act'').
Mr. TRAFICANT. Mr. Chairman, Congress has approved building a
memorial to our dedicated troops which served our Nation in World War
II. One of the contracts awarded was to a subsidiary of a German
company which has Nazi roots. They built Nazi war planes; and they have
some procurement problems to boot.
Mr. Chairman, I think the amendment is fitting.
Mr. MURTHA. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Pennsylvania (Mr.
Murtha), the distinguished ranking member of the Committee on
Appropriations.
Mr. MURTHA. Mr. Chairman, we have no problem on this side with the
amendment.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, we are prepared to accept this amendment.
Mr. TRAFICANT. Mr. Chairman, I urge an aye vote; and I yield back the
balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Traficant).
The amendment was agreed to.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
This Act may be cited as the ``2001 Supplemental
Appropriations Act''.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 171, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order: Amendment No. 1 by the gentleman from Oregon
(Mr. DeFazio); amendment by the gentleman from Wisconsin (Mr. Obey);
amendment in part B by the gentleman from Pennsylvania (Mr. Toomey).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 1 Offered by Mr. DeFazio
The CHAIRMAN. The pending business is the demand for a recorded vote
on amendment No. 1 offered by the gentleman from Oregon (Mr. DeFazio)
on which further proceedings were postponed and on which the noes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 50,
noes 376, not voting 6, as follows:
[Roll No. 172]
AYES--50
Baird
Baldwin
Barrett
Blumenauer
Bonior
Brown (OH)
Conyers
Davis (IL)
DeFazio
DeGette
Doggett
Duncan
Filner
Frank
Gutierrez
Hinchey
Holt
Honda
Hooley
Jackson (IL)
Kind (WI)
Kucinich
Lee
Lipinski
Luther
Maloney (NY)
Markey
McDermott
McGovern
McKinney
Miller, George
Nadler
Oberstar
Paul
Payne
Rivers
Rohrabacher
Sanders
Schakowsky
Shays
Slaughter
Solis
Stark
Tierney
Towns
Udall (CO)
Velazquez
Watt (NC)
Woolsey
Wu
NOES--376
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cooksey
Costello
Coyne
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Fletcher
Foley
Ford
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
LaFalce
LaHood
Lampson
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Maloney (CT)
Manzullo
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Pelosi
Pence
Peterson (MN)
Peterson (PA)
[[Page H3345]]
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sandlin
Sawyer
Saxton
Scarborough
Schaffer
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Traficant
Turner
Udall (NM)
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
NOT VOTING--6
Cox
Flake
Houghton
Jefferson
Kaptur
Rush
{time} 2104
Messrs. HAYES, RODRIGUEZ, CROWLEY, SCARBOROUGH, LEACH, SPRATT, WATTS
of Oklahoma, GREEN of Texas, COOKSEY, STUPAK, and Ms. McCARTHY of
Missouri changed their vote from ``aye'' to ``no.''
Mr. BARRETT of Wisconsin and Mr. CONYERS changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by The Chairman
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, the Chair announces
that he will reduce to a minimum of 5 minutes the period of time within
which a vote by electronic device will be taken on each amendment on
which the Chair has postponed further proceedings.
Amendment Offered by Mr. Obey
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Wisconsin (Mr. Obey) on
which further proceedings were postponed and on which the noes
prevailed by a voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 212,
noes 216, not voting 4, as follows:
[Roll No. 173]
AYES--212
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--216
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller, Gary
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Saxton
Scarborough
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOT VOTING--4
Cox
Houghton
Kaptur
Rush
{time} 2115
Messrs. HERGER, COBLE, GILCHREST, HYDE, COLLINS, and Mrs. WILSON
changed their vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Part B Amendment Offered by Mr. Toomey
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment in part B offered by the gentleman from Pennsylvania
(Mr. Toomey) on which further proceedings were postponed and on which
the noes prevailed by a voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 65,
noes 362, not voting 5, as follows:
[Roll No. 174]
AYES--65
Akin
Baker
Bartlett
Barton
Blunt
Burr
Cannon
Cantor
Castle
[[Page H3346]]
Chabot
Crane
Cubin
Culberson
Davis, Jo Ann
DeLay
DeMint
Doolittle
Duncan
Dunn
Flake
Goode
Goodlatte
Green (WI)
Hall (TX)
Hayworth
Herger
Hoekstra
Horn
Hostettler
Hulshof
Istook
John
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
Kingston
Largent
Miller (FL)
Myrick
Nussle
Otter
Paul
Pence
Pitts
Pombo
Portman
Ramstad
Royce
Ryun (KS)
Scarborough
Schaffer
Sessions
Shadegg
Shays
Smith (MI)
Stearns
Tancredo
Tauzin
Thornberry
Tiahrt
Toomey
Vitter
Watts (OK)
Wu
NOES--362
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Armey
Baca
Bachus
Baird
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett
Bass
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burton
Buyer
Callahan
Calvert
Camp
Capito
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Conyers
Cooksey
Costello
Coyne
Cramer
Crenshaw
Crowley
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doyle
Dreier
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Fletcher
Foley
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hansen
Harman
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hefley
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, E.B.
Jones (OH)
Kanjorski
Kelly
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Gary
Miller, George
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Platts
Pomeroy
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Ryan (WI)
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Saxton
Schakowsky
Schiff
Schrock
Scott
Sensenbrenner
Serrano
Shaw
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spence
Spratt
Stark
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thune
Thurman
Tiberi
Tierney
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Visclosky
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Woolsey
Wynn
Young (AK)
Young (FL)
NOT VOTING--5
Cox
Houghton
Kaptur
Rush
Souder
{time} 2126
Messrs. RYAN of Wisconsin, WELLER, KERNS, and BRADY of Texas changed
their vote from ``aye'' to ``no.''
Messrs. KENNEDY of Minnesota, ROYCE, TIAHRT and GOODLATTE changed
their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Parliamentary Inquiries
Mr. FRANK. Mr. Chairman, I have a parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. FRANK. Mr. Chairman, if I heard correctly, no motion to table a
motion to reconsider was made after the Obey amendment. Now, I am a
great believer in giving people third chances, not just second chances,
and, with all of the switching, I thought we could offer one last
chance for redemption.
Would it be in order to move to reconsider the vote on the Obey
amendment, for Members who did not get their switches in time?
The CHAIRMAN. In the Committee of the Whole, there is no motion to
reconsider.
Mr. FRANK. Mr. Chairman, I have a further parliamentary inquiry.
The CHAIRMAN. The gentleman will state it.
Mr. FRANK. Mr. Chairman, I hate to leave so many Members on the other
side dangling over the pit of uncertainty. Would it be in order to make
such a motion in the full House?
The CHAIRMAN. A separate vote is possible in the House only on an
amendment that has been reported by the Committee of the Whole.
Mr. FRANK. In other words, the Members are off the hook, Mr.
Chairman.
The CHAIRMAN. That is not a parliamentary inquiry.
There being no other amendments, under the rule the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Hansen) having assumed the chair, Mr. Bereuter, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2216)
making supplemental appropriations for the fiscal year ending September
30, 2001, and for other purposes, pursuant to House Resolution 171, he
reported the bill back to the House with sundry amendments adopted by
the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
{time} 2130
The SPEAKER pro tempore (Mr. Hansen). The question is on the
engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Obey
Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. OBEY. Yes, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Obey of Wisconsin moves to recommit the bill, H.R.
2216, to the Committee on Appropriations with instructions to
report the bill back to the House promptly with amendments to
strike the rescission of $389,200,000 from the Federal
Emergency Management Agency's Disaster Relief Fund while
complying with all applicable budget constraints.
The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) is
recognized for 5 minutes in support of his motion to recommit.
Mr. OBEY. Mr. Speaker, I have two letters in my hand. One letter from
Senator Kay Bailey Hutchison which reads as follows: ``I ask for your
assistance in supporting any efforts on the House Floor to eliminate
the provision in the supplemental appropriations bill that rescinds
FEMA's disaster relief funds.''
I also have in my hand a Statement of Administration Policy from the
Bush administration. It says, ``The administration strongly opposes the
proposed rescission of $389 million in disaster relief funds for
FEMA.'' Enough said.
[[Page H3347]]
Mr. Speaker, I yield to the gentleman from Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Speaker, first let me compliment the gentleman from
Nebraska (Mr. Bereuter) for a tremendous performance as chairman of the
Committee of the Whole. Speaking for the gentleman from Wisconsin (Mr.
Obey), and it is a pleasure. It has been stated many times, says the
gentleman from Wisconsin, that this supplemental appropriation bill is
deficient in a number of ways. For this reason, he is moving to
recommit the bill with instructions to strike the rescission of $389
million to the Federal Emergency Management Agency disaster relief
fund.
We have heard from a number of eloquent speakers about the
devastation that has occurred as a result of Tropical Storm Allison and
the need for disaster assistance. Speaking again for the gentleman from
Wisconsin (Mr. Obey), while there are currently monies in the disaster
relief fund, these funds will not be sufficient to cover all previous
ongoing or projected disaster requirements.
The Director of the Office of Management and Budget sent a letter
prior to the full committee markup on this bill stating he was puzzled
by this rescission. The director of FEMA has sent a letter to the
gentleman from Florida (Mr. Young) and the gentleman from Wisconsin
(Mr. Obey) expressing his concern about this cut.
Finally, yesterday the administration sent up its official position
on the supplemental appropriations bill. It stated, ``The
administration strongly opposes the proposed rescission of $389 million
in disaster relief funds for the Federal Emergency Management Agency.''
The rescission should eliminate much of the normal FEMA funding
needed by the agency to provide quick and effective assistance to
disaster-stricken communities and victims. Given the disaster relief
need due to the impact of Tropical Storm Allison as well as other
disasters, this is not the time to be cutting FEMA. Instead of taking a
reduction in disaster relief or making a mindless decision to take on
across-the-board cuts to all Federal agencies as an offset, this motion
would send the bill back to the Committee on Appropriations where
thoughtful deliberations could take place as how best to proceed.
Mr. OBEY. Mr. Speaker, this money will be needed. We might as well
admit it now. This amendment does not kill the bill, it simply tells
the committee to come back with other actions consistent with House
rules to save full funding for FEMA.
The SPEAKER pro tempore. Is the gentleman from Florida (Mr. Young)
opposed to the motion of the gentleman from Wisconsin?
Mr. YOUNG of Florida. Definitely and enthusiastically, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Young) is
recognized for 5 minutes in opposition to the motion to recommit.
Mr. YOUNG of Florida. Mr. Speaker, I yield to the gentleman from
Texas (Mr. Brady).
Mr. BRADY of Texas. Mr. Speaker, our community in Houston has been
devastated by Tropical Storm Allison. As disheartening as that is, the
only thing more disheartening is to hear the demagoguery about it on
this floor today. My colleagues in Congress who are using scare tactics
to needlessly heap even more misery on to the families and businesses
harmed by Allison ought to be ashamed of themselves.
I too have a letter. It is from FEMA, not from politicians, and it
says, ``FEMA's disaster account has sufficient funding to ensure
disaster aid to those victims of Tropical Storm Allison flooding. FEMA
assures those in Texas, Louisiana, and Florida fighting to recover now
that FEMA stands ready and is able to help them.''
The fact of the matter is that over the next 3 months, we cannot
spend the $1.5 billion FEMA has. The fact of the matter is that our
accounts will be about a billion and a half dollars for that, like
Tropical Storm Floyd has done and, the fact of the matter is, even if
it is a little more, in the last 5 years, Congress has allocated $17
billion to help communities recover.
Mr. YOUNG of Florida. Mr. Speaker, I rise in opposition to this
motion to recommit. Number one, the way the motion is written, it would
send this bill back to the committee. The process would start all over
again, and that process takes a long time to get back to the floor. In
the meantime, the Army and the Navy and the Air Force and the Marine
Corps and the United States Coast Guard are doing without money that
they really need for operations today, that they need for fuel costs
that have been increasing so dramatically, that they need to pay
medical expenses that are $1.5 billion in arrears already. We do not
want to see this problem being created with our military services. This
would kill the bill. We do not want to kill this bill. We spent all day
long here getting it ready to pass. I sure do not want to have to do it
again.
Let us vote down this motion to recommit, come back here tomorrow,
and let us do the Interior Appropriations and get out for the weekend
so that we can all go home and see our constituents.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. OBEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Under clause 9 of rule XX, the vote on
passage will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 209,
noes 218, not voting 5, as follows:
[Roll No. 175]
AYES--209
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--218
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
[[Page H3348]]
Ferguson
Flake
Fletcher
Foley
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roukema
Ryan (WI)
Ryun (KS)
Saxton
Scarborough
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOT VOTING--5
Cox
Houghton
Kaptur
Royce
Rush
{time} 2155
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Hansen). The question is on the passage
of the bill.
Under clause 10 of rule XX, the yeas and nays are ordered.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 341,
nays 87, not voting 4, as follows:
[Roll No. 176]
YEAS--341
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Becerra
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Carson (OK)
Castle
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cooksey
Costello
Cramer
Crenshaw
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeLauro
DeLay
DeMint
Diaz-Balart
Dicks
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehrlich
Emerson
Engel
English
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Fletcher
Foley
Ford
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (TX)
Hansen
Harman
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinojosa
Hobson
Hoeffel
Holden
Holt
Horn
Hostettler
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kerns
Kildee
Kilpatrick
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Langevin
Lantos
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Maloney (CT)
Maloney (NY)
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McHugh
McInnis
McIntyre
McKeon
McNulty
Meek (FL)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Napolitano
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Ortiz
Osborne
Ose
Otter
Oxley
Pallone
Pascrell
Pastor
Pence
Peterson (MN)
Peterson (PA)
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roukema
Roybal-Allard
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sandlin
Sawyer
Saxton
Scarborough
Schiff
Schrock
Scott
Serrano
Sessions
Shaw
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Sununu
Sweeney
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Towns
Traficant
Turner
Udall (NM)
Velazquez
Visclosky
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Wynn
Young (AK)
Young (FL)
NAYS--87
Baldwin
Barrett
Bentsen
Blumenauer
Bonior
Brown (OH)
Capuano
Carson (IN)
Chabot
Conyers
Coyne
Crane
Crowley
DeFazio
DeGette
Delahunt
Deutsch
Dingell
Doggett
Duncan
Ehlers
Eshoo
Filner
Flake
Frank
Green (TX)
Hall (OH)
Hastings (FL)
Hinchey
Hoekstra
Honda
Hooley
Jackson (IL)
Jackson-Lee (TX)
Jones (OH)
Kennedy (RI)
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Lee
Lofgren
Luther
Manzullo
Markey
McDermott
McGovern
McKinney
Meehan
Meeks (NY)
Miller, George
Mink
Nadler
Neal
Obey
Olver
Owens
Paul
Payne
Pelosi
Petri
Ramstad
Rivers
Rothman
Royce
Sanders
Schaffer
Schakowsky
Sensenbrenner
Shadegg
Shays
Slaughter
Smith (MI)
Solis
Stark
Stupak
Tancredo
Terry
Udall (CO)
Upton
Waters
Watson (CA)
Watt (NC)
Weiner
Woolsey
Wu
NOT VOTING--4
Cox
Houghton
Kaptur
Rush
{time} 2203
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________