[Congressional Record Volume 148, Number 58 (Thursday, May 9, 2002)]
[House]
[Pages H2371-H2386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





            part b amendment no. 10 offered by mr. Bereuter

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

       Part B amendment No. 10 offered by Mr. Bereuter:
       At the end of subtitle D of title V (page 125, after line 
     9), insert the following new section:

     SEC. 533. PREPARATION FOR, PARTICIPATION IN, AND CONDUCT OF 
                   ATHLETIC COMPETITIONS BY THE NATIONAL GUARD AND 
                   MEMBERS OF THE NATIONAL GUARD.

       (a) Athletic and Small Arms Competitions.--Section 504 of 
     title 32, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(c) Conduct of and Participation in Certain 
     Competitions.--(1) Under regulations prescribed by the 
     Secretary of Defense, members and units of the National Guard 
     may conduct and compete in a qualifying athletic competition 
     or a small arms competition so long as--
       ``(A) the conduct of, or participation in, the competition 
     does not adversely affect the quality of training or 
     otherwise interfere with the ability of a member or unit of 
     the National Guard to perform the military functions of the 
     member or unit;
       ``(B) National Guard personnel will enhance their military 
     skills as a result of conducting or participating in the 
     competition; and
       ``(C) the conduct of or participation in the competition 
     will not result in a significant increase in National Guard 
     costs.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with the 
     conduct of or participation in a qualifying athletic 
     competition or a small arms competition under paragraph 
     (1).''.
       (b) Other Matters.--Such section is further amended by 
     adding after subsection (c), as added by subsection (a) of 
     this section, the following new subsections:
       ``(d) Availability of Funds.--(1) Subject to paragraph (2) 
     and such limitations as may be enacted in appropriations Acts 
     and such regulations as the Secretary of Defense may 
     prescribe, amounts appropriated for the National Guard may be 
     used to cover--
       ``(A) the costs of conducting or participating in a 
     qualifying athletic competition or a small arms competition 
     under subsection (c); and
       ``(B) the expenses of members of the National Guard under 
     subsection (a)(3), including expenses of attendance and 
     participation fees, travel, per diem, clothing, equipment, 
     and related expenses.
       ``(2) Not more than $2,500,000 may be obligated or expended 
     in any fiscal year under subsection (c).
       ``(e) Qualifying Athletic Competition Defined.--In this 
     section, the term `qualifying athletic competition' means a 
     competition in athletic events that require skills relevant 
     to military duties or involve aspects of physical fitness 
     that are evaluated by the armed forces in determining whether 
     a member of the National Guard is fit for military duty.''.
       (c) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by inserting ``Authorized 
     Activities.--'' after ``(a)''; and
       (2) in subsection (b), by inserting ``Authorized 
     Locations.--'' after ``(b)''.
       (d) Conforming and Clerical Amendments.--(1) Subsection (a) 
     of such section is amended--

[[Page H2372]]

       (A) in paragraph (1), by inserting ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking ``; or'' and inserting a 
     period; and
       (C) by striking paragraph (3).
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 504. National Guard schools; small arms competitions; 
       athletic competitions''.

       (3) The item relating to section 504 in the table of 
     sections at the beginning of chapter 5 of title 10, United 
     States Code, is amended to read as follows:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.

  The CHAIRMAN. Pursuant to House Resolution 415, the gentleman from 
Nebraska (Mr. Bereuter) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).
  Mr. BEREUTER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this Member rises to offer an amendment which he is 
jointly presenting with the distinguished gentleman from Rhode Island 
(Mr. Langevin). The Bereuter-Langevin amendment makes a minor change in 
current law which can reap significant benefits by allowing National 
Guard units to use already appropriated funds to sponsor competitions 
and send members to those competitions.
  Currently only nonappropriated funds from post exchanges and other 
activities and from competition entry fees can be used to cover 
operating expenses for the events of all health, pay, and personal 
expenses for participating National Guard members. Indeed, the existing 
National Guard competition events program does provide National Guard 
members with an opportunity to hone their training-related skills such 
as running, swimming, and marksmanship in a competitive atmosphere. As 
the National Guard actively recruits new members, this can be another 
attractive feature in recruitment and retention programs for certain 
members of the National Guard.
  Through these competitions, National Guard members can qualify for 
higher level national and international competitions, including the Pan 
American games and the Olympics. Also, National Guard members who 
compete in athletic and small arms competitions can now do so with 
members of the active duty military. Bringing active reserve and 
National Guard components together in this fashion builds better 
appreciation among the various components and overall force 
cohesiveness.
  Additionally, some of the National Guard-sponsored competitions are 
open to participation by the entire civilian community for 
participation. The high visibility and the community interaction such 
events provide is key for providing support for local National Guard 
units.
  While recruitment and retention and community support have always 
been important in maintaining the National Guard structure, they have 
become even more critical as we wage the war on terrorism during which 
our men and women in the National Guard are more frequently called to 
duty overseas and to provide security in our homeland. For the National 
Guard competitive events programs to continue to thrive, greater 
funding flexibility, which this amendment provides, must be granted to 
the National Guard units sponsoring competition and sending members to 
those competitions.
  Now, unlike active duty military personnel who have all health, pay 
and personal expenses covered while competing, National Guard members 
are not on duty while competing and, thus, are not covered. For 
example, if National Guard members suffer injuries while competing at 
the National Marksman Competition in Little Rock, Arkansas, they must 
pay for the incurred health care costs, even though they were competing 
with their National Guard unit.
  Unfortunately, placing National Guard members on orders, as occurs 
with military reservists participating in these competitions, is not a 
solution to the coverage issue. Why? Because National Guard members 
placed on active duty cannot compete with their National Guard units 
team.
  Mr. Chairman, it should be emphasized that the amendment does not 
create participation incentives for the National Guard members which 
are greater than those incentives for active duty military personnel, 
nor does it allow the National Guard to seek excessive funds for these 
activities. Indeed, the amendment limits the National Guard's use of 
appropriated funds for athletic and small arms competition to a very 
modest $2.5 million annually.

                              {time}  2340

  Mr. Chairman, this Member urges his colleagues to vote for this 
amendment as an important way not only to recruit or retain motivated 
men and women for the National Guard, but also to show support for the 
men and women currently serving our country in our National Guard 
during this challenging time. I ask for Members' support.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SNYDER. Mr. Chairman, I am not opposed to the amendment. I do not 
believe there is any opposition. I would like to claim the customary 
division of time.
  The CHAIRMAN. The gentleman from Arkansas (Mr. Snyder) is recognized 
for 5 minutes.
  Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of the amendment offered by my fine 
colleague, the gentleman from Nebraska (Mr. Bereuter). The amendment he 
offers would allow the National Guard to use appropriated funds to 
attend and compete in athletic events and small arms competition. I 
think it is a good amendment.
  The problem we are having here today is there are many fine Members, 
like the gentleman from Nebraska, who also had ideas they would like to 
have presented to the House. Not all ideas are ones I would have agreed 
with. I did not support and will not support the amendment of the 
gentleman from Mississippi (Mr. Taylor) on base closure. I think we do 
need another round of base closures. I think the process we arrived at 
last year was a legitimate one.
  But people should have their day in the sun to discuss these things, 
and the voters that sent these Members here should have their day to 
see these Members bring forth the ideas that they want to have 
discussed.
  I think this is a very sad day for this House, at a time of 
international conflict, when the world depends on this country to fight 
the war on terrorism, that good people on the Democratic side were 
denied amendments to try to improve the bill that provides for the 
common defense of this country.
  I do not think this is the kind of activity and arrogance that the 
American people are going to tolerate. I hope the lesson learned here 
through the day and through the night is that we have got to do a 
better job of acting in the spirit of bipartisanship and not just using 
it in our press releases back home.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BEREUTER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I wanted to explain to my colleagues, in asking for 
their support, that I am going to be asking for a record vote, only 
because the gentleman from Rhode Island and I offered this same 
amendment last year and it was dropped in conference, I assume by our 
colleagues in the other body. So that is the reason I will be having a 
record vote. I thank my colleagues for their support.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SKELTON. Mr. Chairman, I move to strike the last word.
  Mr. TAYLOR of Mississippi. Mr. Chairman, will the gentleman yield?
  Mr. SKELTON. I yield to the gentleman from Mississippi.
  Mr. TAYLOR of Mississippi. Mr. Chairman, I want to thank the 
gentleman from Missouri for yielding to me and giving me this 
opportunity.
  For about 12 hours now I have asked my colleagues, who were all 
elected by roughly the same number of people as I have been, for an 
opportunity for an up-or-down vote on whether or not we ought to have 
another round of base closures.
  I am adamantly opposed to base closures. After the first three rounds 
of base closure, we cannot name one weapons system that has been 
purchased with base closure money. We cannot find one general, one 
admiral, one Secretary of Defense, one undersecretary, who would name 
one base that

[[Page H2373]]

they think ought to be closed. Yet my colleagues, particularly on the 
Republican side, have steadfastly refused even the simple courtesy of 
an up-or-down vote.
  Last year the Senate, by the narrowest of margins, passed base 
closure language. The House never voted on it. It was part of the 
defense authorization bill which was brought to this House in the 
conference report well after September 11, when we were given the 
opportunity to say we are for the troops or against base closure. That 
really was not a fair fight, and they knew it was not.
  Base closure ruins the lives of those military retirees, and over 
half of them, over half of them have retired near a base so they can 
use the commissaries and the hospitals. When we close the base, the 
commissary goes, the hospital goes; and we basically have ruined their 
lives. They are too old to move again.
  Base closure puts every single employee in the Department of Defense 
wondering, starting tomorrow, whether or not his job is in jeopardy, 
whether or not he ought to borrow the money to send his kid to college 
or buy another car or fix up their house. For all the reasons that 
Members oppose A-76, they ought to be against base closure.
  All I have asked is one simple thing today, because I think it is 
real fair that the business sections around America, all those cities 
and counties that we all used to serve in the local government that are 
spending millions, if not billions, of dollars trying to save those 
local bases from closure, all we want is an up-or-down vote.
  We asked for the opportunity to stand up for our constituents. As a 
matter of fact, most of us begged for the opportunity to stand up for 
our constituents: send me to Washington so your voice can be heard loud 
and clear.
  Why is it tonight that they hide behind the Speaker? Why is it 
tonight that they hide behind these silly rules, nine members of the 
Committee on Rules who will not give a straight up-or-down vote whether 
or not they think it makes sense to close bases?
  We are in a war. How many times have I heard it tonight? Every one of 
the service chiefs says they need more people, not fewer. Right now, 
the military is looking for a base to put the Joint Strike Fighter. 
They are looking for a base to put the F-18E and F.
  There is a base in Florida that has three 8,000-foot runways. It has 
a fourth runway that is 10,000 feet long. The planes can take off and 
they go straight out over the Atlantic Ocean. They can make all the 
noise they want. They can do all the dogfighting they want. God forbid, 
if something goes wrong and they have to eject, they know they can 
eject without fear of that plane falling on someone's house or a 
busload of kids.
  That base is called Cecil Field. It is outside Jacksonville, Florida. 
It was closed by a previous round of base closures, and now the 
taxpayers of America are going to spend over $1 million to replace it 
because we gave the property away, just like we gave away the property 
at Governor's Island, just like we gave away the property at the 
Presidio, and just like we spent $13 billion, let us remember, a 
thousand, thousand, thousand, thousand times 13 to clean up the bases 
that we gave away from the first three rounds of base closure.
  If Members think that is a good idea, then have the guts to vote for 
it. But if Members think it is a bad idea, or if they think those of us 
who think it is a bad idea, who got elected by just as many people as 
them, ought to have an up-or-down vote on it, I thought I would ask 
just once tonight to give us a vote.
  That is all I ask. If we lose, I understand the rule of the majority. 
But I think the Members of this House, when those bases start getting 
padlocked, ought to have the opportunity to look the citizens who are 
going to lose their bases, who are going to lose their jobs, I think we 
ought to have the opportunity to look them in the eye and say, I voted 
to keep this base open, or I voted to shut it down. But do not hide.
  Mr. LANGEVIN. Mr. Chairman, today I join my colleague, Mr. Bereuter, 
in offering an amendment that strengthens the athletic skill, unit 
cohesion and morale of our dedicated service members.
  As my colleague has explained, this amendment authorizes the National 
guard to use its appropriated funds to cover the costs of conducting 
and participating in athletic events related to military duties or 
physical fitness requirements.
  This is of particular importance to my state, as Rhode Island is home 
to the Leapfest event.
  But the entire country benefits from these National Guard 
competitions. Through these activities, the National Guard provides our 
service members with the opportunity to hone their service-related 
skills in competitive events and provides incentives for its 
recruitment and retention programs.
  However, currently state National Guard units can use only non-
appropriated funds to cover operating expenses for the events and 
related personal expenses for participating unit members. These non-
appropriated funds are extremely limited, leaving most National Guard 
members paying out of their own pockets.
  Mr. Chairman, I urge my colleagues to place our Nation Guard members 
on a level playing field with their Active Duty and Reserves 
counterparts. I'd like to thank Mr. Bereuter for his leadership on this 
issue and ask members to vote yes on the Bereuter-Langevin Amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Nebraska (Mr. Bereuter).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. BEREUTER. 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 Nebraska (Mr. Bereuter) 
will be postponed.
  It is now in order to consider amendment No. 15 printed in part A of 
House Report 107-450.


          Motion to Rise Offered by Mr. Taylor of Mississippi 

  Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the Committee do 
now rise.
  The CHAIRMAN. The question is on the motion to rise offered by the 
gentleman from Mississippi (Mr. Taylor).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.


                             Recorded Vote

  Mr. TAYLOR of Mississippi. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 168, 
noes 241, not voting 25, as follows:

                             [Roll No. 152]

                               AYES--168

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (OK)
     Clyburn
     Condit
     Conyers
     Costello
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Hall (TX)
     Harman
     Hastings (FL)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lipinski
     Lofgren
     Lucas (KY)
     Lynch
     Maloney (CT)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Miller, George
     Mink
     Moore
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Rahall
     Rangel
     Rodriguez
     Roemer
     Ross
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Sherman
     Shows
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Waters
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--241

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman

[[Page H2374]]


     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Carson (IN)
     Castle
     Chabot
     Chambliss
     Clement
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Fattah
     Ferguson
     Flake
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Frost
     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
     Hooley
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lowey
     Lucas (OK)
     Luther
     Maloney (NY)
     Manzullo
     Mascara
     McCrery
     McHugh
     McInnis
     McKeon
     McKinney
     Menendez
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Otter
     Oxley
     Pastor
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rivers
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Stearns
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watt (NC)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--25

     Brady (TX)
     Burton
     Cannon
     Clay
     Clayton
     Coyne
     Crane
     Dooley
     Fletcher
     Gutierrez
     Hall (OH)
     Hill
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Ose
     Reyes
     Riley
     Roukema
     Shimkus
     Traficant
     Watson (CA)
     Waxman

                              {time}  0012

  Mr. SWEENEY changed his vote from ``aye'' to ``no.''
  Messrs. THOMPSON of California, LUCAS of Kentucky, CARDIN, BORSKI, 
GREEN of Texas and Ms. KILPATRICK changed their vote from ``no'' to 
``aye.''
  So the motion to rise was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. It is now in order to consider amendment No. 21 printed 
in part B of House Report 107-450.


       Part B Amendment No. 21 Offered by Mr. Smith of New Jersey

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

       Part B amendment No. 21 offered by Mr. Smith of New Jersey:
       At the end of title VII (page 159, after line 14), insert 
     the following new subtitle:

Subtitle C--Department of Defense-Department of Veterans Affairs Health 
                           Resources Sharing

     SEC. 721. SHORT TITLE.

       This subtitle may be cited as the ``Department of Defense-
     Department of Veterans Affairs Health Resources Sharing and 
     Performance Improvement Act of 2002''.

     SEC. 722. FINDINGS AND SENSE OF CONGRESS CONCERNING STATUS OF 
                   HEALTH RESOURCES SHARING BETWEEN THE DEPARTMENT 
                   OF VETERANS AFFAIRS AND THE DEPARTMENT OF 
                   DEFENSE.

       (a) Findings.--Congress makes the following findings:
       (1) Federal health care resources are scarce and thus 
     should be effectively and efficiently used.
       (2) In 1982, Congress, in Public Law 97-174, authorized the 
     sharing of health resources between Department of Defense 
     medical treatment facilities and Department of Veterans 
     Affairs health care facilities in order to allow more 
     effective and efficient use of those health resources.
       (3) Health care beneficiaries of the Departments of Defense 
     and Veterans Affairs, whether active servicemembers, 
     veterans, retirees, or family members of active or retired 
     servicemembers, should have full access to the health care 
     and services that Congress has authorized for them.
       (4) The Secretary of Defense and the Secretary of Veterans 
     Affairs, and the appropriate officials of each of the 
     Departments of Defense and Veterans Affairs with 
     responsibilities related to health care, have not taken full 
     advantage of the opportunities provided by law to make their 
     respective health resources available to health care 
     beneficiaries of the other Department in order to provide 
     improved health care for the whole number of beneficiaries.
       (5) After the many years of support and encouragement from 
     Congress, the Departments have made little progress in health 
     resource sharing and the intended results of the sharing 
     authority have not been achieved.
       (b) Sense of Congress.--Congress urges the Secretary of 
     Defense and the Secretary of Veterans Affairs--
       (1) to commit their respective Departments to significantly 
     improve mutually beneficial sharing and coordination of 
     health care resources and services during peace and war;
       (2) to build organizational cultures supportive of improved 
     sharing and coordination of health care resources and 
     services; and
       (3) to establish and achieve measurable goals to facilitate 
     increased sharing and coordination of health care resources 
     and services.
       (c) Purpose.--It is the purpose of this Act--
       (1) to authorize a program to advance mutually beneficial 
     sharing and coordination of health care resources between the 
     two Departments consistent with the longstanding intent of 
     Congress; and
       (2) to establish a basis for improved strategic planning by 
     the Department of Defense and Department of Veterans Affairs 
     health systems to ensure that scarce health care resources 
     are used more effectively and efficiently in order to enhance 
     access to high quality health care for their respective 
     beneficiaries.

     SEC. 723. REVISED COORDINATION AND SHARING GUIDELINES.

       (a) In General.--(1) Section 8111 of title 38, United 
     States Code, is amended to read as follows:

     ``Sec. 8111. Sharing of Department of Veterans Affairs and 
       Department of Defense health care resources

       ``(a) Required Coordination and Sharing of Health Care 
     Resources.--The Secretary of Veterans Affairs and the 
     Secretary of Defense shall enter into agreements and 
     contracts for the mutually beneficial coordination, use, or 
     exchange of use of the health care resources of the 
     Department of Veterans Affairs and the Department of Defense 
     with the goal of improving the access to, and quality and 
     cost effectiveness of, the health care provided by the 
     Veterans Health Administration and the Military Health System 
     to the beneficiaries of both Departments.
       ``(b) Joint Requirements for Secretaries of Veterans 
     Affairs and Defense.--To facilitate the mutually beneficial 
     coordination, use, or exchange of use of the health care 
     resources of the two Departments, the two Secretaries shall 
     carry out the following functions:
       ``(1) Develop and publish a joint strategic vision 
     statement and a joint strategic plan to shape, focus, and 
     prioritize the coordination and sharing efforts among 
     appropriate elements of the two Departments and incorporate 
     the goals and requirements of the joint sharing plan into the 
     strategic and performance plan of each Department under the 
     Government Performance and Results Act.
       ``(2) Jointly fund the interagency committee provided for 
     under subsection (c).
       ``(3) Continue to facilitate and improve sharing between 
     individual Department of Veterans Affairs and Department of 
     Defense health care facilities, but giving priority of effort 
     to initiatives (A) that improve sharing and coordination of 
     health resources at the intraregional and nationwide levels, 
     and (B) that improve the ability of both Departments to 
     provide coordinated health care.
       ``(4) Establish a joint incentive program under subsection 
     (d).
       ``(c) DOD-VA Health Executive Committee.--(1) There is 
     established an interagency committee to be known as the 
     Department of Veterans Affairs-Department of Defense Health 
     Executive Committee (hereinafter in this section referred to 
     as the `Committee'). The Committee is composed of--
       ``(A) the Deputy Secretary of the Department of Veterans 
     Affairs and such other officers and employees of the 
     Department of Veterans Affairs as the Secretary of Veterans 
     Affairs may designate; and
       ``(B) the Under Secretary of Defense for Personnel and 
     Readiness and such other officers and employees of the 
     Department of Defense as the Secretary of Defense may 
     designate.
       ``(2)(A) During odd-numbered fiscal years, the Deputy 
     Secretary of Veterans Affairs shall chair the Committee. 
     During even-numbered fiscal years, the Under Secretary of 
     Defense shall chair the Committee.
       ``(B) The Deputy Secretary and the Under Secretary shall 
     determine the size and structure of the Committee, as well as 
     the administrative and procedural guidelines for the 
     operation of the Committee. The two Departments shall share 
     equally the Committee's

[[Page H2375]]

     cost of personnel and administrative support and services. 
     Support for such purposes shall be provided at a level 
     sufficient for the efficient operation of the Committee, 
     including a permanent staff and, as required, other temporary 
     working groups of appropriate departmental staff and outside 
     experts.
       ``(3) The Committee shall recommend to the Secretaries 
     strategic direction for the joint coordination and sharing 
     efforts between and within the two Departments under this 
     section and shall oversee implementation of those efforts.
       ``(4) The Committee shall submit to the two Secretaries and 
     to Congress an annual report containing such recommendations 
     as the Committee considers appropriate. The two Secretaries 
     shall implement the Committee's recommendations unless, with 
     respect to any such recommendation, either Secretary formally 
     determines that the recommendation should not be implemented 
     or should be implemented in a modified form. Upon making such 
     a determination, the Secretary making the determination shall 
     submit to Congress notice of the Secretary's determination 
     and the Secretary's rationale for the determination.
       ``(5) In order to enable the Committee to make 
     recommendations in its annual report under paragraph (4), the 
     Committee shall do the following:
       ``(A) Review existing policies, procedures, and practices 
     relating to the coordination and sharing of health care 
     resources between the two Departments.
       ``(B) Identify changes in policies, procedures, and 
     practices that, in the judgment of the Committee, would 
     promote mutually beneficial coordination, use, or exchange of 
     use of the health care resources of the two Departments, with 
     the goal of improving the access to, and quality and cost 
     effectiveness of, the health care provided by the Veterans 
     Health Administration and the Military Health System to the 
     beneficiaries of both Departments.
       ``(C) Identify and assess further opportunities for the 
     coordination and sharing of health care resources between the 
     Departments that, in the judgment of the Committee, would not 
     adversely affect the range of services, the quality of care, 
     or the established priorities for care provided by either 
     Department.
       ``(D) Review the plans of both Departments for the 
     acquisition of additional health care resources, especially 
     new facilities and major equipment and technology, in order 
     to assess the potential effect of such plans on further 
     opportunities for the coordination and sharing of health care 
     resources.
       ``(E) Review the implementation of activities designed to 
     promote the coordination and sharing of health care resources 
     between the Departments. To assist in this effort, the 
     Committee chairman, under procedures jointly developed by the 
     Secretaries of both Departments, may task the Inspectors 
     General of either or both Departments.
       ``(d) Joint Incentives Program.--(1) Pursuant to subsection 
     (b)(4), the two Secretaries shall carry out a program to 
     identify, provide incentives to, implement, fund, and 
     evaluate creative coordination and sharing initiatives at the 
     facility, intraregional and nationwide levels. The program 
     shall be administered by the Committee established in 
     subsection (c), under procedures jointly prescribed by the 
     two Secretaries.
       ``(2) To facilitate the incentive program, there is 
     established in the Treasury, effective on October 1, 2003, a 
     DOD-VA Health Care Sharing Incentive Fund. Each Secretary 
     shall annually contribute to the fund a minimum of 
     $15,000,000 from the funds appropriated to that Secretary's 
     Department. Such funds shall remain available until expended.
       ``(3)(A) The implementation and effectiveness of the 
     program under this subsection shall be reviewed annually by 
     the joint Department of Defense-Department of Veterans 
     Affairs Inspector General review team established in section 
     724(i) of the Department of Defense-Department of Veterans 
     Affairs Health Resources Sharing and Performance Improvement 
     Act of 2002. On completion of the annual review, the review 
     team shall submit a report to the two Secretaries on the 
     results of the review. Such report shall be submitted through 
     the Committee to the Secretaries not later than December 31 
     of each calendar year. The Secretaries shall forward each 
     report, without change, to the Committees on Armed Services 
     and Veterans' Affairs of the Senate and House of 
     Representatives not later than February 28 of the following 
     year.
       ``(B) Each such report shall describe activities carried 
     out under the program under this subsection during the 
     preceding fiscal year. Each report shall include at least the 
     following:
       ``(i) An analysis of the initiatives funded by the 
     Committee, and the funds so expended by such initiatives, 
     from the Health Care Sharing Incentive Fund, including the 
     purposes and effects of those initiatives on improving access 
     to care by beneficiaries, improvements in the quality of care 
     received by those beneficiaries, and efficiencies gained in 
     delivering services to those beneficiaries.
       ``(ii) Other matters of interest, including recommendations 
     from the review team to make legislative improvements to the 
     program.
       ``(4) The program under this subsection shall terminate on 
     September 30, 2007.
       ``(e) Guidelines and Policies for Implementation of 
     Coordination and Sharing Recommendations, Contracts, and 
     Agreements.--(1) To implement the recommendations made by the 
     Committee under subsection (c)(2), as well as to carry out 
     other health care contracts and agreements for coordination 
     and sharing initiatives as they consider appropriate, the two 
     Secretaries shall jointly issue guidelines and policy 
     directives. Such guidelines and policies shall provide for 
     coordination and sharing that--
       ``(A) is consistent with the health care responsibilities 
     of the Department of Veterans Affairs under this title and 
     with the health care responsibilities of the Department of 
     Defense under chapter 55 of title 10;
       ``(B) will not adversely affect the range of services, the 
     quality of care, or the established priorities for care 
     provided by either Department; and
       ``(C) will not reduce capacities in certain specialized 
     programs of the Department of Veterans Affairs that the 
     Secretary is required to maintain in accordance with section 
     1706(b) of this title.
       ``(2) To facilitate the sharing and coordination of health 
     care services between the two Departments, the two 
     Secretaries shall jointly develop and implement guidelines 
     for a standardized, uniform payment and reimbursement 
     schedule for those services. Such schedule shall be 
     implemented no later than the beginning of fiscal year 2004 
     and shall be revised periodically as necessary.
       ``(3)(A) The guidelines established under paragraph (1) 
     shall authorize the heads of individual Department of Defense 
     and Department of Veterans Affairs medical facilities and 
     service regions to enter into health care resources 
     coordination and sharing agreements.
       ``(B) Under any such agreement, an individual who is a 
     primary beneficiary of one Department may be provided health 
     care, as provided in the agreement, at a facility or in the 
     service region of the other Department that is a party to the 
     sharing agreement.
       ``(C) Each such agreement shall identify the health care 
     resources to be shared.
       ``(D) Each such agreement shall provide, and shall specify 
     procedures designed to ensure, that the availability of 
     direct health care to individuals who are not primary 
     beneficiaries of the providing Department is (i) on a 
     referral basis from the facility or service region of the 
     other Department, and (ii) does not (as determined by the 
     head of the providing facility or region) adversely affect 
     the range of services, the quality of care, or the 
     established priorities for care provided to the primary 
     beneficiaries of the providing Department.
       ``(E) Each such agreement shall provide that a providing 
     Department or service region shall be reimbursed for the cost 
     of the health care resources provided under the agreement and 
     that the rate of such reimbursement shall be as determined in 
     accordance with paragraph (2).
       ``(F) Each proposal for an agreement under this paragraph 
     shall be effective (i) on the 46th day after the receipt of 
     such proposal by the Committee, unless earlier disapproved, 
     or (ii) if earlier approved by the Committee, on the date of 
     such approval.
       ``(G) Any funds received through such a uniform payment and 
     reimbursement schedule shall be credited to funds that have 
     been allotted to the facility of either Department that 
     provided the care or services, or is due the funds from, any 
     such agreement.
       ``(f) Annual Joint Report.--(1) At the time the President's 
     budget is transmitted to Congress in any year pursuant to 
     section 1105 of title 31, the two Secretaries shall submit to 
     Congress a joint report on health care coordination and 
     sharing activities under this section during the fiscal year 
     that ended during the previous calendar year.
       ``(2) Each report under this section shall include the 
     following:
       ``(A) The guidelines prescribed under subsection (e) of 
     this section (and any revision of such guidelines).
       ``(B) The assessment of further opportunities identified 
     under subparagraph (C) of subsection (c)(5) for the sharing 
     of health-care resources between the two Departments.
       ``(C) Any recommendation made under subsection (c)(4) of 
     this section during such fiscal year.
       ``(D) A review of the sharing agreements entered into under 
     subsection (e) of this section and a summary of activities 
     under such agreements during such fiscal year and a 
     description of the results of such agreements in improving 
     access to, and the quality and cost effectiveness of, the 
     health care provided by the Veterans Health Administration 
     and the Military Health System to the beneficiaries of both 
     Departments.
       ``(E) A summary of other planning and activities involving 
     either Department in connection with promoting the 
     coordination and sharing of Federal health-care resources 
     during the preceding fiscal year.
       ``(F) Such recommendations for legislation as the two 
     Secretaries consider appropriate to facilitate the sharing of 
     health-care resources between the two Departments.
       ``(3) In addition to the matters specified in paragraph 
     (2), the two Secretaries shall include in the annual report 
     under this subsection an overall status report of the 
     progress of health resources sharing between the two 
     Departments as a consequence of the Department of Defense-
     Department of Veterans Affairs Health Resources Sharing and 
     Performance Improvement Act of 2002 and of other sharing 
     initiatives taken during the period covered by the report. 
     Such status report shall indicate the status of such sharing 
     and shall include appropriate data as well as analyses of 
     that data. The annual report shall include the following:

[[Page H2376]]

       ``(A) Enumerations and explanations of major policy 
     decisions reached by the two Secretaries during the period 
     covered by the report period with respect to sharing between 
     the two Departments.
       ``(B) A description of any purposes of Department of 
     Defense-Department of Veterans Affairs Health Resources 
     Sharing and Performance Improvement Act of 2002 that 
     presented barriers that could not be overcome by the two 
     Secretaries and their status at the time of the report.
       ``(C) A description of progress made in new ventures or 
     particular areas of sharing and coordination that would be of 
     policy interest to Congress consistent with the intent of 
     such Act.
       ``(D) A description of enhancements of access to care of 
     beneficiaries of both Departments that came about as a result 
     of new sharing approaches brought about by such Act.
       ``(E) A description of proposals for which funds are 
     provided through the joint incentives program under 
     subsection (d), together with a description of their results 
     or status at the time of the report, including access 
     improvements, savings, and quality-of-care enhancements they 
     brought about, and a description of any additional use of 
     funds made available under subsection (d).
       ``(g) Definitions.--For the purposes of this section:
       ``(1) The term `beneficiary' means a person who is a 
     primary beneficiary of the Department of Veterans Affairs or 
     of the Department of Defense.
       ``(2) The term `direct health care' means health care 
     provided to a beneficiary in a medical facility operated by 
     the Department or the Department of Defense.
       ``(3) The term `head of a medical facility' (A) with 
     respect to a medical facility of the Department, means the 
     director of the facility, and (B) with respect to a medical 
     facility of the Department of Defense, means the medical or 
     dental officer in charge or the contract surgeon in charge.
       ``(4) The term `health-care resource' includes hospital 
     care, medical services, and rehabilitative services, as those 
     terms are defined in paragraphs (5), (6), and (8), 
     respectively, of section 1701 of this title, services under 
     sections 1782 and 1783 of this title, any other health-care 
     service, and any health-care support or administrative 
     resource.
       ``(5) The term `primary beneficiary' (A) with respect to 
     the Department means a person who is eligible under this 
     title (other than under section 1782, 1783, or 1784 or 
     subsection (d) of this section) or any other provision of law 
     for care or services in Department medical facilities, and 
     (B) with respect to the Department of Defense, means a member 
     or former member of the Armed Forces who is eligible for care 
     under section 1074 of title 10.
       ``(6) The term `providing Department' means the Department 
     of Veterans Affairs, in the case of care or services 
     furnished by a facility of the Department of Veterans 
     Affairs, and the Department of Defense, in the case of care 
     or services furnished by a facility of the Department of 
     Defense.
       ``(7) The term `service region' means a geographic service 
     area of the Veterans Health Administration, in the case of 
     the Department of Veterans Affairs, and a service region, in 
     the case of the Department of Defense.''.
       (2) The item relating to that section in the table of 
     sections at the beginning of chapter 81 of title 38, United 
     States Code, is amended to read as follows:

``8111. Sharing of Department of Veterans Affairs and Department of 
              Defense health care resources.''.

       (b) Conforming Amendment.--Section 1104 of title 10, United 
     States Code, is amended by striking ``may'' and inserting 
     ``shall''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2003.

     SEC. 724. HEALTH CARE RESOURCES SHARING AND COORDINATION 
                   PROJECT.

       (a) Establishment.--(1) The Secretary of Veterans Affairs 
     and the Secretary of Defense shall conduct a health care 
     resources sharing project to serve as a test for evaluating 
     the feasibility, and the advantages and disadvantages, of 
     measures and programs designed to improve the sharing and 
     coordination of health care and health care resources between 
     the Department of Veterans Affairs and the Department of 
     Defense. The project shall be carried out, as a minimum, at 
     the sites identified under subsection (b).
       (2) Reimbursement between the two Departments with respect 
     to the project under this section shall be made in accordance 
     with the provisions of section 8111(e)(2) of title 38, United 
     States Code, as amended by section 723(a).
       (b) Site Identification.--(1) Not later than 90 days after 
     the date of the enactment of this Act, the Secretaries shall 
     jointly identify no less than five sites for the conduct of 
     the project under this section.
       (2) For purposes of this section, a site at which the 
     resource sharing project shall be carried out is an area in 
     the United States in which--
       (A) one or more military treatment facilities and one or 
     more VA health care facilities are situated in relative 
     proximity to each other, including facilities engaged in 
     joint ventures as of the date of the enactment of this Act; 
     and
       (B) for which an agreement to coordinate care and programs 
     for patients at those facilities could be implemented not 
     later than October 1, 2004.
       (c) Conduct of Project.--(1) At sites at which the project 
     is conducted, the Secretaries shall provide a test of a 
     coordinated management system for the military treatment 
     facilities and VA health care facilities participating in the 
     project. Such a coordinated management system for a site 
     shall include at least one of the elements specified in 
     paragraph (2), and each of the elements specified in that 
     paragraph must be included in the coordinated management 
     system for at least two of the participating sites.
       (2) Elements of a coordinated management system referred to 
     in paragraph (1) are the following:
       (A) A budget and financial management system for those 
     facilities that--
       (i) provides managers with information about the costs of 
     providing health care by both Departments at the site;
       (ii) allows managers to assess the advantages and 
     disadvantages (in terms of relative costs, benefits, and 
     opportunities) of using resources of either Department to 
     provide or enhance health care to beneficiaries of either 
     Department.
       (B) A coordinated staffing and assignment system for the 
     personnel (including contract personnel) employed at or 
     assigned to those facilities, including clinical 
     practitioners of either Department.
       (C) Medical information and information technology systems 
     for those facilities that--
       (i) are compatible with the purposes of the project;
       (ii) communicate with medical information and information 
     technology systems of corresponding elements of those 
     facilities; and
       (iii) incorporate minimum standards of information quality 
     that are at least equivalent to those adopted for the 
     Departments at large in their separate health care systems.
       (d) Pharmacy Benefit.--(1) One of the elements that shall 
     be tested in at least two sites in accordance with subsection 
     (c) is a pharmacy benefit under which beneficiaries of either 
     Department shall have access, as part of the project, to 
     pharmaceutical services of the other Department participating 
     in the project.
       (2) The two Secretaries shall enter into a memorandum of 
     agreement to govern the establishment and provision not later 
     than October 1, 2004, of pharmaceutical services authorized 
     by this section. In the case of beneficiaries of the 
     Department of Defense, the authority under the preceding 
     sentence for such access to pharmaceutical services at a VA 
     health care facility includes authority for medications to be 
     dispensed based upon a prescription written by a licensed 
     health care practitioner who, as determined by the Secretary 
     of Defense, is a certified practitioner.
       (e) Authority To Waive Certain Administrative Policies.--
     (1)(A) In order to carry out subsections (c) and (d), the 
     Secretary of Defense may, in the Secretary's discretion, 
     waive any administrative policy of the Department of Defense 
     otherwise applicable to those subsections (including policies 
     applicable to pharmaceutical benefits) that specifically 
     conflicts with the purposes of the project, in instances in 
     which the Secretary determines that the waiver is necessary 
     for the purposes of the project.
       (B) In order to carry out subsections (c) and (d), the 
     Secretary of Veterans Affairs may, in the Secretary's 
     discretion, waive any administrative policy of the Department 
     of Veterans Affairs otherwise applicable to those subsections 
     (including policies applicable to pharmaceutical benefits) 
     that specifically conflicts with the purposes of the project, 
     in instances in which the Secretary determines that the 
     waiver is necessary for the purposes of the project.
       (C) The two Secretaries shall establish procedures for 
     resolving disputes that may arise from the effects of policy 
     changes that are not covered by other agreement or existing 
     procedures.
       (2) No waiver under paragraph (1) may alter any labor-
     management agreement in effect as of the date of the 
     enactment of this Act or adopted by either Department during 
     the period of the project.
       (f) Use by DOD of Certain Title 38 Personnel Authorities.--
     (1) In order to carry out subsections (c) and (d), the 
     Secretary of Defense may apply to civilian personnel of the 
     Department of Defense assigned to or employed at a military 
     treatment facility participating in the project any of the 
     provisions of subchapters I, III, and IV of chapter 74 of 
     title 38, United States Code, determined appropriate by the 
     Secretary.
       (2) For such purposes, any reference in such chapter--
       (A) to the ``Secretary'' or the ``Under Secretary for 
     Health'' shall be treated as referring to the Secretary of 
     Defense; and
       (B) to the ``Veterans Health Administration'' shall be 
     treated as referring to the Department of Defense.
       (g) Funding.--From amounts available for health care for a 
     fiscal year, each Secretary shall make available to carry out 
     the project not less than--
       (1) $5,000,000 for fiscal year 2003;
       (2) $10,000,000 for fiscal year 2004; and
       (3) $15,000,000 for each succeeding year during which the 
     project is in effect.
       (h) Definitions.--For purposes of this section:
       (1) The term ``military treatment facility'' means a 
     medical facility under the jurisdiction of the Secretary of a 
     military department.
       (2) The term ``VA health care facility'' means a facility 
     under the jurisdiction of the

[[Page H2377]]

     Veterans Health Administration of the Department of Veterans 
     Affairs.
       (i) Performance Requirements.--(1) The two Secretaries 
     shall provide for a joint review team to conduct an annual 
     on-site review at each of the project locations selected by 
     the Secretaries under this section. The review team shall be 
     comprised of employees of the Offices of the Inspectors 
     General of the two Departments. Leadership of the joint 
     review team shall rotate each fiscal year between an employee 
     of the Office of the Inspector General of the Department of 
     Veterans Affairs, during even-numbered fiscal years, and an 
     employee of the Office of Inspector General of the Department 
     of Defense, during odd-numbered fiscal years.
       (2) On completion of their annual joint review under 
     paragraph (1), the review team shall submit a report to the 
     two Secretaries on the results of the review. The Secretaries 
     shall forward the report, without change, to the Committees 
     on Armed Services and Veterans' Affairs of the Senate and 
     House of Representatives.
       (3) Each such report shall include the following:
       (A) The strategic mission coordination between shared 
     activities.
       (B) The accuracy and validity of performance data used to 
     evaluate sharing performance and changes in standards of care 
     or services at the shared facilities.
       (C) A statement that all appropriated funds designated for 
     sharing activities are being used for direct support of 
     sharing initiatives.
       (D) Recommendations concerning continuance of the project 
     at each site for the succeeding 12-month period.
       (4) Whenever there is a recommendation under paragraph 
     (3)(D) to discontinue a resource sharing project under this 
     section, the two Secretaries shall act upon that 
     recommendation as soon as practicable.
       (5) In the initial report under this subsection, the joint 
     review team shall validate the baseline information used for 
     comparative analysis.
       (j) Termination.--(1) The project, and the authority 
     provided by this section, shall terminate on September 30, 
     2007.
       (2) The Secretaries may terminate the performance of the 
     project at any site when the performance of the project at 
     that site fails to meet performance expectations of the 
     Secretaries, based on recommendations from the review team 
     under subsection (i) or on other information available to the 
     Secretaries to warrant such action.

     SEC. 725. REPORT ON IMPROVED COORDINATION AND SHARING OF 
                   HEALTH CARE AND HEALTH CARE RESOURCES FOLLOWING 
                   DOMESTIC ACTS OF TERRORISM OR DOMESTIC USE OF 
                   WEAPONS OF MASS DESTRUCTION.

       (a) Joint Review.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly review the 
     adequacy of current processes and existing statutory 
     authorities and policy governing the capability of the 
     Department of Defense and the Department of Veterans Affairs 
     to provide health care to members of the Armed Forces 
     following domestic acts of terrorism or domestic use of 
     weapons of mass destruction, both before and after any 
     declaration of national emergency. Such review shall include 
     a determination of the adequacy of current authorities in 
     providing for the coordination and sharing of health care 
     resources between the two Departments in such cases, 
     particularly before the declaration of a national emergency.
       (b) Report to Congress.--A report on the review under 
     subsection (a), including any recommended legislative 
     changes, shall be submitted to Congress as part of the fiscal 
     year 2004 budget submission.

     SEC. 726. ADOPTION BY DEPARTMENT OF VETERANS AFFAIRS OF 
                   DEPARTMENT OF DEFENSE PHARMACY DATA TRANSACTION 
                   SYSTEM.

       (a) Adoption of PDTS System.--The Secretary of Veterans 
     Affairs shall adopt for use by the Department of Veterans 
     Affairs health care system the system of the Department of 
     Defense known as the ``Pharmacy Data Transaction System''. 
     Such system shall be fully operational for the Department of 
     Veterans Affairs not later than October 1, 2004.
       (b) Implementation Funding.--The Secretary of Defense shall 
     transfer to the Secretary of Veterans Affairs, or shall 
     otherwise bear the cost of, an amount sufficient to cover 
     three-fourths of the cost to the Department of Veterans 
     Affairs for initial computer programming activities and 
     relevant staff training expenses related to implementation of 
     subsection (a). Such amount shall be determined in such 
     manner as agreed to by the two Secretaries.
       (c) Reimbursement Procedures.--Any reimbursement by the 
     Department of Veterans Affairs to the Department of Defense 
     for the use by the Department of Veterans Affairs of the 
     transaction system under subsection (a) shall be determined 
     in accordance with section 8111(e)(2) of title 38, United 
     States Code, as amended by section 723.

     SEC. 727. JOINT PILOT PROGRAM FOR PROVIDING GRADUATE MEDICAL 
                   EDUCATION AND TRAINING FOR PHYSICIANS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly carry out a pilot program 
     under which graduate medical education and training is 
     provided to military physicians and physician employees of 
     the Department of Defense and the Department of Veterans 
     Affairs through one or more programs carried out in military 
     medical treatment facilities of the Department of Defense and 
     medical centers of the Department of Veterans Affairs. The 
     pilot program shall begin not later than January 1, 2003.
       (b) Cost-Sharing Agreement.--The Secretaries shall enter 
     into an agreement for carrying out the pilot program. The 
     agreement shall establish means for each Secretary to assist 
     in paying the costs, with respect to individuals under the 
     jurisdiction of that Secretary, incurred by the other 
     Secretary in providing medical education and training under 
     the pilot program.
       (c) Use of Existing Authorities.--To carry out the pilot 
     program, the Secretary of Defense and the Secretary of 
     Veterans Affairs may use authorities provided to them under 
     this Act, section 8111 of title 38, United States Code, and 
     other laws relating to the furnishing or support of medical 
     education and the cooperative use of facilities.
       (d) Termination of Program.--The pilot program under this 
     section shall terminate on July 31, 2008.
       (e) Repeal of Superseded Provision.--Section 738 of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 10 U.S.C. 1094 note; 115 Stat.1173) is 
     repealed.

     SEC. 728. REPEAL OF CERTAIN LIMITS ON DEPARTMENT OF VETERANS 
                   AFFAIRS RESOURCES.

       (a) Repeal of VA Bed Limits.--Section 8110(a)(1) of title 
     38, United States Code, is amended--
       (1) in the first sentence, by striking ``at not more than 
     125,000 and not less than 100,000'';
       (2) in the third sentence, by striking ``shall operate and 
     maintain a total of not less than 90,000 hospital beds and 
     nursing home beds and''; and
       (3) in the fourth sentence, by striking ``to enable the 
     Department to operate and maintain a total of not less than 
     90,000 hospital and nursing home beds in accordance with this 
     paragraph and''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2003.

     SEC. 729. REPORTS.

       (a) Interim Report.--Not later than February 1, 2004, the 
     Secretary of Defense and Secretary of Veterans Affairs shall 
     submit to the Committees on Veterans' Affairs and the 
     Committees on Armed Services of the Senate and House of 
     Representatives a joint report on their conduct of each of 
     the programs under this Act through the end of the preceding 
     fiscal year. The Secretaries shall include in the report a 
     description of the measures taken, or planned to be taken, to 
     implement the health resources sharing project under section 
     724 and the other provisions of this Act and any cost savings 
     anticipated, or cost sharing achieved, at facilities 
     participating in the project. The report shall also include 
     information on improvements in access to care, quality, and 
     timeliness, as well as impediments encountered and 
     legislative recommendations to ameliorate such impediments.
       (b) Annual Report on Use of Waiver Authority.--Not later 
     than one year after the date of the enactment of this Act, 
     and annually thereafter through completion of the project 
     under section 724, the two Secretaries shall submit to the 
     committees of Congress specified in subsection (a) a joint 
     report on the use of the waiver authority provided by section 
     724(e)(1). The report shall include a statement of the 
     numbers and types of requests for waivers under that section 
     of administrative policies that have been made during the 
     period covered by the report and, for each such request, an 
     explanation of the content of each request, the intended 
     purpose or result of the requested waiver, and the 
     disposition of each request. The report also shall include 
     descriptions of any new administrative policies that enhance 
     the success of the project.
       (c) Pharmacy Benefits Report.--Not later than one year 
     after pharmaceutical services are first provided pursuant to 
     section 724(d)(1), the two Secretaries shall submit to the 
     committees of Congress specified in subsection (a) a joint 
     report on access by beneficiaries of each department to 
     pharmaceutical services of the other department. The report 
     shall describe the advantages and disadvantages to the 
     beneficiaries and the Departments of providing such access 
     and any other matters related to such pharmaceutical services 
     that the Secretaries consider pertinent, together with any 
     legislative recommendations for expanding or canceling such 
     services.
       (d) Annual Report on Pilot Program for Graduate Medical 
     Education.--Not later than January 31, 2004, and January 31 
     of each year thereafter through 2009, the two Secretaries 
     shall submit to Congress a joint report on the pilot program 
     under section 727. The report for any year shall cover 
     activities under the program during the preceding year and 
     shall include each Secretary's assessment of the efficacy of 
     providing education and training under that program.

  The CHAIRMAN. Pursuant to House Resolution 415, the gentleman from 
New Jersey (Mr. Smith) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, next year the Department of Defense and Veterans 
Affairs

[[Page H2378]]

will spend over $40 billion combined on health care for current or 
former military personnel and their families. Despite this enormous 
sum, despite the fact that this year under the leadership of the 
gentleman from Iowa (Mr. Nussle), the discretionary spending, the 
health care spending will increase just for VA alone by $2.8 billion, 
there is still not enough to meet the growing demand.
  The bipartisan amendment that I offer today on behalf of myself, the 
gentleman from Arizona (Mr. Stump), the gentleman from New York (Mr. 
McHugh), the gentleman from Kansas (Mr. Moran), and the gentleman from 
Illinois (Mr. Evans), is designed to provide additional resources to 
both health care systems by providing sharing agreements between the 
Department of Defense and the VA.
  Mr. Chairman, while statutory authority to allow resource sharing has 
existed for more than 20 years, as a matter of fact, the legislation 
was enacted during my first term 21 years ago, the latest figures tell 
us that the level of sharing between the VA and the DOD remains 
extremely low, almost a joke, accounting for less than 1 percent of 
their combined health care budgets.
  The Federal Government can and must do more to increase resource 
sharing whenever and wherever feasible. Our amendment accomplishes that 
by providing additional incentives and putting additional pressure on 
both the Department of Defense and the VA to move forward with common-
sense, practical steps to increase the level of resource sharing 
between these two massive health care systems.
  Under our amendment, the VA and DOD would establish at least 5 health 
care resource sharing projects at locations where both have significant 
medical facilities. These projects would, to the extent feasible, adopt 
a new management system to look at ways to eliminate differences 
between the budget, health care provider assignment, and medical 
inpatient information systems.

                              {time}  0015

  The amendment would also establish a permanent joint committee in the 
Departments of Defense and VA to provide stronger strategic direction 
and oversight of sharing initiatives and would authorize $30 million 
over each of the next 3 years to reward sharing innovations.
  Mr. Chairman, let me be very clear. This amendment will not in any 
way compromise the quality or variety of care available to military 
veterans, military personnel or their families, or the veterans as 
well. It will expand health care services, because any savings that are 
achieved will be reinvested locally so that those benefits will accrue 
at the local level.
  Mr. Chairman, I do have a much longer statement, but let me just 
finally say that this is backed by the Paralyzed Veterans of America, 
the VFW, American Legion, and the DAV.
  Mr. Chairman, I hope the Members will support the amendment, and I 
herewith submit for the Record letters of support for this amendment 
from the organizations I referred to earlier:

                                          The American Legion,

                                      Washington, DC, May 8, 2002.
     Hon. Christopher H. Smith,
     Chairman, Committee on Veterans' Affairs, House of 
         Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Chairman Smith: On behalf of the 2.8 million members 
     of The American Legion, I would like to express our full 
     support for the Department of Defense (DoD)--Department of 
     Veterans Affairs (VA) Health Resources Sharing and 
     Performance Improvement Act of 2002. The initiatives outlined 
     in this bill would improve health care access for veterans 
     and DoD beneficiaries by authorizing the sharing of health 
     resources between DoD medical treatment facilities and VA 
     health care facilities.
       The American Legion recognizes the benefits from current 
     sharing agreements between DoD and VA health care facilities 
     and the potential gains from additional efforts. Clearly, 
     there are multiple venues for sharing agreements that will 
     augment services, build on the respective strengths of the 
     participants and improve overall health care for all DoD and 
     VA beneficiaries.
       The American Legion has long supported the goal of 
     improving the quality and access of health care through the 
     sharing and coordination of VA-DoD health care resources. 
     This bill is a solid first step toward achieving that goal.
       Once again, The American Legion fully supports the DoD-VA 
     Health Resources Sharing and Performance Improvement Act of 
     2002. The American Legion appreciates your continued 
     leadership in addressing the issues that are important to 
     veterans, members of the Armed Forces, and their families.
           Sincerely,
                                               Steve A. Robertson,
     Director, National Legislative Commission.
                                  ____



                                Paralyzed Veterans of America,

                                      Washington, DC, May 9, 2002.
     Hon. Christopher H. Smith,
     Chairman, House Committee on Veterans' Affairs, Cannon House 
         Office Building, Washington, DC.
       Dear Mr. Chairman: On behalf of the members of Paralyzed 
     Veterans of America (PVA) I want to express our support for 
     your amendment to H.R. 4546, the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003. The amendment calls 
     for increased direction and incentives to improve sharing of 
     health care resources and services between the Department of 
     Veterans Affairs (VA) and Department of Defense (DoD) health 
     care systems.
       PVA strongly believes the two departments have much to 
     share in the provision of health care services that can be of 
     mutual benefit to both patient populations. Unfortunately, 
     existing statutory sharing authority has failed to provide 
     the appropriate atmosphere, direction, and incentives to 
     encourage VA and DoD to maximize their cooperation potential. 
     This amendment seeks to correct that shortcoming.
       Both departments have distinct patient population and 
     missions. Recognizing that fact, we applaud language in the 
     amendment that stipulates within the gamut of sharing 
     opportunities, both large and small, such activities will not 
     affect the ability of the VA to protect one of its primary 
     missions--the maintenance of its capacity to provide such 
     specialized services as spinal cord injury care for severely 
     disabled veterans. We believe there are many areas where 
     sharing health care resources can improve care and reduce 
     costs in both systems.
       Thank you for your continuing care and concern for our 
     nation's veterans.
           Sincerely,
                                                Richard B. Fuller,
     National Legislative Director.
                                  ____



                                    Disabled American Veterans

                                      Washington, DC, May 9, 2002.
     Hon. Christopher H. Smith,
     Chairman, House Veterans Affairs Committee, Cannon House 
         Office Building, Washington, DC.
       Dear Chairman Smith: The Disabled American Veterans (DAV) 
     appreciates the introduction of your amendment to H.R. 4546, 
     the national Defense Authorization Act for Fiscal Year 2003.
       The Department of Defense (DoD)-Department of Veterans 
     Affairs (VA) Health Resources Sharing and Performance 
     Improvement Act of 2002 would, in part, require sharing and 
     coordination of VA/DoD health care resources and authorize 
     initiatives to improve access to health care services 
     provided to beneficiaries of both systems. It would also 
     authorize a demonstration project to identify the feasibility 
     and benefits or disadvantages of coordinated management of 
     health care resources of both departments.
       We agree that scarce Federal health resources should be 
     used effectively and efficiently in order to enhance access 
     to high quality health care services for active 
     servicemembers, veterans, retirees, and family members of 
     active or retired servicemembers as provided by law. 
     Certainly we have a compelling moral duty to honor our 
     pledges to them, and a responsibility to see that resources 
     are used wisely to achieve this goal. This amendment seeks to 
     ensure that both departments take full advantage of the 
     opportunities authorized by law to provide improved health 
     care for all beneficiaries. We are pleased that language in 
     the amendment maintains the integrity of the special 
     disabilities programs in accordance with section 1706(b) of 
     title 38, United States Code.
       We agree that DoD and VA should commit their respective 
     departments to exploring new ways for significantly improving 
     health resources sharing and to building organizational 
     cultures supportive of health resources sharing. This 
     provisions gives strong incentives for increased 
     collaboration between the respective departments and is an 
     initial step forward to achieving this goal.
       We sincerely thank you for your introduction of this 
     amendment and continued support to improve health care 
     services for our Nation's veterans.
           Sincerely,
                                               Joseph A. Violante,
     National Legislative Director
                                  ____

                                          Veterans of Foreign Wars


                                         of the United States,

                                      Washington, DC, May 9, 2002.
     Hon. Christopher H. Smith,
     Chairman, House Veterans' Affairs Committee, House of 
         Representatives, Washington, DC.
       Dear Chairman Smith: On behalf of the 2.7 million members 
     of the Veterans of Foreign Wars of the United States (VFW) 
     and our Ladies Auxiliary, I am pleased to offer our strong 
     support for the amendment you are to offer to H.R. 4546, the 
     FY 2003 National Defense Authorization Act. This bold and 
     far-reaching legislative initiative will promote health 
     resource sharing between the Department of Veterans Affairs 
     (VA) and the Department of Defense (DOD). We strongly believe 
     that improved VA-DOD health resource sharing will greatly 
     benefit our veterans, our

[[Page H2379]]

     active duty military and our military retirees.
       Despite the repeated attempts of Congress to increase 
     sharing arrangements, very little has actually taken place. 
     The 1999 Congressional Commission on Servicemembers and 
     Veterans Transition Assistance found that VA and DOD shared 
     only $62 million out of a $32 billion healthcare budget. 
     These two agencies have had the authority to enact sharing 
     agreements for over twenty years, yet they have done little. 
     The VFW believes that the provisions of this amendment will 
     serve as a strong incentive for VA and DOD to at last pursue 
     these mutually advantageous agreements.
       It is our view that increased health resource sharing will 
     be doubly beneficial. It has the potential to provide an 
     expanded wealth of services to all beneficiaries, all while 
     reducing costs. The Transition Commission noted, for example, 
     that were VA and DOD to better coordinate the purchase of 
     medical products, including pharmaceuticals and supplies, 
     they would realize a savings of almost $2 billion over a 
     five-year period. Further, a May 2000 General Accounting 
     Office report claimed that VA and DOD could realize a gain of 
     up to $300 million per year with improved joint 
     pharmaceutical contracts.
       The VFW insists that all cost-savings resulting from 
     improved resource sharing agreements be reinvested back into 
     the Departments' health care systems without any funding 
     offsets. The resulting supplemental revenue will help bring 
     the Departments' respective health care budgets closer to 
     what is actually needed to provide the timely, first-rate 
     health care our active duty servicemembers and veterans so 
     richly deserve. Additionally, the resultant additional 
     dollars will serve as an effective incentive for the 
     Departments to pursue other additional avenues of health care 
     sharing.
       Notwithstanding this legislation's manifest benefits, we do 
     have some concerns that we would articulate here. First, we 
     believe that the individuals who head the Health Executive 
     Committee which this legislation creates should have equal 
     authority and the highest possible access to their respective 
     Secretaries. This will help preserve the integrity of their 
     decision-making and mitigate potential institutional 
     interference. We note that under your amendment the senior 
     DOD head will be the Under Secretary of Defense for Personnel 
     and Readiness whereas VA's Deputy Secretary represents that 
     department. We recommend that the DOD head be the Deputy 
     Secretary of Defense.
       A second concern is since the findings of this Committee 
     are essentially binding upon the two departments, that they 
     not unduly supplant established and effective planning 
     procedures nor serve as a means to circumvent the will of the 
     Congress and the longstanding oversight capacity of the 
     veterans service community. Great care must be exercised to 
     ensure that the considerable authority invested in this 
     Executive Committee is not misapplied.
       Despite this, the VFW strongly supports this bold approach 
     to expanding and, indeed, enforcing the implementation of VA-
     DOD health care resource sharing agreements. Most 
     importantly, it specifically addresses a key VFW goal that 
     veterans and the active duty military receive the best 
     possible health care in the best possible way. We thank you 
     for introducing this vital measure, and we look forward to 
     working with you to ensure its success.
           Sincerely,
                                                Robert E. Wallace,
                                               Executive Director.

  Mr. Chairman, I reserve the balance of my time.
  Mr. TURNER. Mr. Chairman, I am unaware of any opposition to the 
amendment, and so I rise to claim the customary division of time.
  The CHAIRMAN. Without objection, the gentleman from Arkansas (Mr. 
Snyder) is recognized for 5 minutes.
  There was no objection.
  Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume, 
and I rise in support of the amendment offered by my friend and 
colleague, and the chairman of the House Committee on Veterans' 
Affairs, the gentleman from New Jersey (Mr. Smith).
  The amendment he offers, Mr. Chairman, would require the Department 
of Defense and the Department of Veterans Affairs to approve and expand 
their health care resource sharing efforts. The gentleman is my 
chairman on the Committee on Veterans' Affairs, and I appreciate him 
and look forward to working with him on the Committee on Veterans' 
Affairs and on the Committee on Armed Services for many years to come 
on this very important issue.
  Ironically, we have time this evening to consider debate on these two 
last amendments which are noncontroversial. While noncontroversial, 
they are important and ought to be discussed. The two proponents of 
these amendments deserve their opportunity to discuss them on the House 
floor at their request. But just as importantly, we should have had the 
opportunity to discuss the controversial issues in this bill offered by 
very fine Members of this House, the gentleman from South Carolina (Mr. 
Spratt), the gentleman from Mississippi (Mr. Taylor), the gentleman 
from Oregon (Mr. Blumenauer), the gentleman from Connecticut (Mr. 
Maloney), the gentleman from Maine (Mr. Allen), and others. All had 
issues they wanted to have discussed.
  At the full Committee on Armed Services, under the very able 
chairmanship of the gentleman from Arizona (Mr. Stump), we had very 
vigorous and full debate on every issue that members wanted to be 
discussed, and we voted on every issue on which someone wanted to vote. 
The result was people were satisfied with the process and the bill came 
out of committee 57 to one.
  Ironically, the issue we have heard most about today, which is the 
amendment of the gentleman from Mississippi (Mr. Taylor) on base 
closure, could have been avoided if the Committee on Rules had acted 
properly last year. Now, what do I mean by that? Last year, the 
gentleman from Utah (Mr. Hansen) and I had an amendment to provide for 
a base closure commission. The Committee on Rules did not make that in 
order. So the folks that want to discuss base closure can now say we 
have never had a vote on the House floor. We are repeating this process 
year after year, denying the opportunity to discuss issues.
  In 1981, I was working as a doctor in Thailand as part of the 
Cambodian refugee relief effort. We were living in the town of 
Aranyaprathet, right on the border, right next to a Thai army base. It 
was a very volatile border, and there was a lot of military presence. 
Got up one morning, the army base was emptied out. The Thai Army had 
gone to Bangkok to overthrow the government, overthrow the democracy 
and stage a coup. We went out that day to Thai villages where I would 
provide medical care with the medical team I worked with. We worked 
with these Thai paraprofessional medical people, and the fellow we were 
supposed to work with that morning could not perform his work. All he 
could do was sit and cry, literally cry about the fact that his 
democracy was overthrown.
  Well, I was very proud to be an American that day, very proud of our 
American democracy. And what I learned that day in Thailand is that 
democracy has got to be nourished or we lose it. Well, I am very proud 
of this bill I am going to vote for here probably in about an hour, 
when we finish this process; but I am not proud of this process.
  I think everyone has gathered that this process has been very 
dissatisfying to many people in the House, and I would hope my 
colleagues would respect our opinion in the future on other bills this 
year. At this very critical time in our Nation's history, we, as a 
body, as the people's House, need to do a better job of nurturing our 
democracy in this country.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Kansas (Mr. Moran), the chairman of the 
Subcommittee on Health of the Committee on Veterans' Affairs.
  Mr. MORAN of Kansas. Mr. Chairman, I thank the gentleman for yielding 
me this time.
  The amendment before the House tonight is a compromise that I believe 
will lead to better health care for our veterans and our service men 
and women, as well as a more efficient use of resources for their care.
  Chairman Smith has been the driving force behind this idea, and I 
commend him and the gentleman from New York (Mr. McHugh) and the 
gentleman from Arkansas (Mr. Snyder), the chairman and ranking member 
of the Subcommittee on Military Personnel, for their very cooperative, 
fair, and objective considerations of the issues and concerns of both 
the Department of Veterans Affairs and the Department of Defense and 
both of our committees here in the Congress.
  While each Department has traditional and long-standing values and 
practices in providing health care to separate beneficiary populations, 
this bill seeks the common interest of both veterans and military 
personnel and to create partnerships and better coordinations in each 
institution. This amendment will commit each Department to improving 
health sharing and

[[Page H2380]]

coordination of resources and services. It will also prompt the 
Department of Defense and the Department of Veterans Affairs to take 
full advantage of all these opportunities to make our health care 
resources available for all active and retired service men and women.
  Mr. Chairman, I urge my colleagues to adopt this amendment.
  Mr. EVANS. Mr. Chairman, Congress has long supported the sharing of 
scarce Federal health care resources between the Department of Defense 
(DoD) and the Department of Veterans Affairs (VA). In fact, Congress 
vested both Departments with broad authority two decades ago to do just 
that and has since repeatedly encouraged more effective and efficient 
use of this sharing authority by DoD and VA.
  President Bush noted in the Administration's Fiscal Year 2003 budget 
submission to Congress that only a negligible portion of the nation's 
scarce Federal health care resources are actually being shared between 
the two Departments. While sharing between DoD and VA exists 
technically, sharing remains the exception, not the rule. Without 
future legislation there is little reason to believe that VA and DoD 
will develop a culture that values mutually beneficial sharing. Until 
this occurs, taxpayer dollars will not be spent as effectively as 
possible.
  I commend the gentleman from New Jersey, Mr. Smith, for his 
leadership with this amendment. How much of what kind of sharing is 
possible? It is my hope that the provisions of this amendment will 
forge thoughtful answers to this question and achieve the goals long 
sought by Congress.
  Particularly noteworthy are the incentives endorsed in this 
amendment, which are intended to promote innovation and effective, new 
approaches to achieving the goals of sharing between DoD and VA. I also 
applaud the joint oversight provisions of this amendment, introducing 
shared accountability for the effective use of the resources provided 
in the amendment and shared accountability for assessing and reporting 
program outcomes. The Smith amendment allows the Secretaries of DoD and 
VA to terminate programs that are ineffective or demonstrate 
inefficiencies or a questionable use of scarce resources.
  VA adoption of DoD's Pharmacy Data Transaction Service (PDTS) will 
provide benefits to veterans receiving VA medical care. Although this 
data system integration will no doubt present VA with some initial 
challenges, I believe the integration of these two systems has the 
potential to greatly improve the quality of patient care, eliminate 
harmful or dangerous drug interactions and bridge the information 
technology gaps that persist between the two agencies--on at least one 
front.
  Mr. Chairman, I support this amendment and I urge my colleagues to 
vote for the amendment.
  Mr. SMITH of New Jersey. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Smith).
  The amendment was agreed to.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: Part A amendment No. 7 offered by the 
gentlewoman from California (Ms. Sanchez), part A amendment No. 8 
offered by the gentleman from Virginia (Mr. Goode), part A amendment 
No. 9 offered by the gentleman from Texas (Mr. Paul), and part B 
amendment No. 10 offered by the gentleman from Nebraska (Mr. Bereuter).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


             Part A Amendment No. 7 Offered by Ms. Sanchez

  The CHAIRMAN. The pending business is the demand for a recorded voted 
on the amendment offered by the gentlewoman from California (Ms. 
Sanchez) 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 202, 
noes 215, not voting 18, as follows:

                             [Roll No. 153]

                               AYES--202

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett
     Bass
     Becerra
     Bentsen
     Berkley
     Berman
     Biggert
     Bishop
     Blagojevich
     Blumenauer
     Boehlert
     Bonior
     Bono
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Dunn
     Edwards
     Ehrlich
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Ford
     Frank
     Frelinghuysen
     Frost
     Gephardt
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley
     Horn
     Houghton
     Hoyer
     Inslee
     Isakson
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (RI)
     Kilpatrick
     Kind (WI)
     Kirk
     Kleczka
     Kolbe
     Kucinich
     Lampson
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKinney
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Miller, Dan
     Miller, George
     Mink
     Moore
     Moran (VA)
     Morella
     Nadler
     Napolitano
     Neal
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Pryce (OH)
     Ramstad
     Rangel
     Rivers
     Rodriguez
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Tanner
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walden
     Waters
     Watt (NC)
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--215

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bereuter
     Berry
     Bilirakis
     Blunt
     Boehner
     Bonilla
     Boozman
     Borski
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Costello
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Forbes
     Fossella
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gillmor
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Issa
     Istook
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kerns
     Kildee
     King (NY)
     Kingston
     Knollenberg
     LaFalce
     LaHood
     Langevin
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Mascara
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Mica
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moran (KS)
     Murtha
     Myrick
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Putnam
     Quinn
     Radanovich
     Rahall
     Regula
     Rehberg
     Reynolds
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Ose

[[Page H2381]]


     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

                              {time}  0044

  Ms. NORTHUP changed her vote from ``aye'' to ``no.''
  Mr. KOLBE changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. SWEENEY. Mr. Chairman, on rollcall No. 153, I inadvertently voted 
``no,'' and I intended to vote ``aye.''


                      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.


              Part A Amendment No. 8 Offered by Mr. Goode

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 8 printed in Part A of House Report 107-450 offered by 
the gentleman from Virginia (Mr. Goode) 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 CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 232, 
noes 183, not voting 19, as follows:

                             [Roll No. 154]

                               AYES--232

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Bishop
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boswell
     Boyd
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Doolittle
     Duncan
     Dunn
     Emerson
     English
     Etheridge
     Everett
     Ferguson
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Holden
     Horn
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kaptur
     Keller
     Kelly
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     LaHood
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Manzullo
     McCarthy (NY)
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moore
     Moran (KS)
     Myrick
     Ney
     Norwood
     Nussle
     Osborne
     Otter
     Oxley
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Ramstad
     Regula
     Rehberg
     Reynolds
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simpson
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Spratt
     Stearns
     Stenholm
     Strickland
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thune
     Thurman
     Tiahrt
     Tiberi
     Toomey
     Udall (CO)
     Udall (NM)
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--183

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boucher
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Buyer
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Dreier
     Edwards
     Ehlers
     Ehrlich
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Flake
     Ford
     Frank
     Frost
     Ganske
     Gephardt
     Gonzalez
     Green (TX)
     Gutierrez
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley
     Houghton
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kolbe
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Lofgren
     Lynch
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Miller, George
     Mink
     Mollohan
     Moran (VA)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Price (NC)
     Radanovich
     Rahall
     Rangel
     Rivers
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Simmons
     Skeen
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Souder
     Stark
     Stupak
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Towns
     Turner
     Velazquez
     Visclosky
     Waters
     Watt (NC)
     Weiner
     Whitfield
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--19

     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Northup
     Ose
     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

                              {time}  0052

  Mr. LEWIS of California and Mr. LATHAM changed their vote from ``no'' 
to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mrs. NORTHUP. Mr. Chairman, on rollcall No. 154, I was unavoidably 
detained. Had I been present, I would have voted ``aye.''


               Part A Amendment No. 9 Offered by Mr. Paul

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 9 printed in part A of House Report 107-450 offered by 
the gentleman from Texas (Mr. Paul) 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 CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 264, 
noes 152, not voting 18, as follows:

                             [Roll No. 155]

                               AYES--264

     Aderholt
     Akin
     Armey
     Baca
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Bartlett
     Bass
     Bereuter
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boswell
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeLay
     DeMint
     Dicks
     Doolittle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehrlich
     Emerson
     English
     Etheridge
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hobson
     Hoekstra

[[Page H2382]]


     Holden
     Horn
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kerns
     Kildee
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Lynch
     Manzullo
     Mascara
     McCarthy (NY)
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Menendez
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mink
     Mollohan
     Moran (KS)
     Murtha
     Myrick
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pascrell
     Paul
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reynolds
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ross
     Rothman
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Toomey
     Turner
     Upton
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--152

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldacci
     Baldwin
     Barrett
     Barton
     Becerra
     Bentsen
     Berkley
     Berman
     Blumenauer
     Bonior
     Borski
     Boucher
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart
     Dingell
     Doggett
     Dooley
     Doyle
     Ehlers
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gutierrez
     Harman
     Hastings (FL)
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holt
     Honda
     Hooley
     Houghton
     Hoyer
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lantos
     Larson (CT)
     Leach
     Lee
     Levin
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Miller, George
     Moore
     Moran (VA)
     Morella
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne
     Pelosi
     Price (NC)
     Rangel
     Rivers
     Rodriguez
     Ros-Lehtinen
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Slaughter
     Snyder
     Solis
     Stark
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Waters
     Watt (NC)
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--18

     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Ose
     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

                              {time}  0100

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


            Part B Amendment No. 10 Offered by Mr. Bereuter

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 10 printed in part B of House Report 107-450 offered 
by the gentleman from Nebraska (Mr. Bereuter) on which further 
proceedings were postponed and on which the ayes 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 CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 412, 
noes 2, not voting 20, as follows:

                             [Roll No. 156]

                               AYES--412

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

                                NOES--2

     Miller, Gary
     Stark
       

[[Page H2383]]



                             NOT VOTING--20

     Boehner
     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     McCarthy (MO)
     Millender-McDonald
     Nethercutt
     Ose
     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

                              {time}  0106

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. STUMP. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I just want to take this opportunity to thank the 
gentleman from Missouri (Mr. Skelton), the ranking member of the 
Committee on Armed Services, for all of the hard work and the 
cooperation that he has put into this bill in the last few days. He has 
been a joy to work with and a very good friend, and one could not ask 
for a better partner.
  The subcommittee chairmen and the ranking members, thanks to them, 
and a special thanks, Mr. Chairman, to all of the staff people who have 
been working these last few weeks hour after hour after hour.
  Mr. THOMAS. Mr. Chairman, I move to strike the last word.
  I think all of us need to thank the gentleman from Arizona (Mr. 
Stump), the chairman of the Committee on Armed Services, because as is 
his usual custom, he would never say that he put in more hours than 
anyone, worked harder, and has delivered an excellent and quality 
product.
  Mr. SKELTON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, let me thank the gentleman from Arizona (Mr. Stump) for 
his very generous remarks, but I must say that the bill is 
appropriately named after him. I might also point out that when I first 
came to the Congress of the United States, the gentleman from Arizona 
was my very first friend when we came up here in December of 1976.
  A lot of good memories in the memory bank about the gentleman from 
Arizona. He came out to Whiteman Air Force Base in Missouri with me 
back in the late 1970s and the airmen there had this wooden stump that 
they called Sergeant Eucalyptus P. Stump, and the gentleman from 
Arizona (Mr. Stump) and Eucalyptus P. Stump had their picture taken 
together.
  I might also say one of those great memories was going back to Ford 
Island with him in 1991, the 50th anniversary of the bombing of Pearl 
Harbor, and we went over to Ford Island and he showed me where he was 
back in 1943 during the war. He is a marvelous, marvelous legislator, a 
great friend, and one of the most decent human beings, and we thank him 
immensely for his hard work and his generosity.
  The CHAIRMAN. There being no further amendments in order, the 
question is on the committee amendment in the nature of a substitute, 
as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaTourette) having assumed the chair, Mr. Camp, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 4546) to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, and for military construction, to 
prescribe military personnel strengths for fiscal year 2003, and for 
other purposes, pursuant to House Resolution 415, he reported the bill 
back to the House with an amendment 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 to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. 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. Spratt

  Mr. SPRATT. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. SPRATT. I am, in its present form, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Spratt moves to recommit the bill H.R. 4546 to the 
     Committee on Armed Services with instructions to report the 
     same back to the House forthwith with the following 
     amendment:
       At the end of subtitle C of title II (page 49, after line 
     17), insert the following new section:

     SEC. 234. PROHIBITION ON DEVELOPMENT AND DEPLOYMENT OF 
                   NUCLEAR-TIPPED BALLISTIC MISSILE INTERCEPTORS.

       (a) Prohibition on Use of Funds.--No funds appopriated or 
     otherwise made available to the Department of Defense or the 
     Department of Energy may be obligated or expended to develop 
     or deploy a nuclear-tipped ballistic missile interceptor.
       (b) Definition.--In this section:
       (1) The term ``nuclear-tipped ballistic missile 
     interceptor'' means a ballistic missile defense system that 
     employs a nuclear detonation to destroy an incoming missile 
     or reentry vehicle.
       (2) The term ``develop'' includes any activities referred 
     to in section 179(d)(8) of title 10, United States Code, more 
     advanced than feasibility studies.

  Mr. SPRATT (during the reading). Mr. Speaker, I ask unanimous consent 
that the motion be considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from South Carolina?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
South Carolina (Mr. Spratt) is recognized for 5 minutes in support of 
his motion to recommit.
  Mr. SPRATT. Mr. Speaker, I yield myself 3 minutes.
  Mr. Speaker, when Ronald Reagan launched the Strategic Defense 
Initiative, he made a wise decision. He decided that SDI should be non-
nuclear, and he did it for good reason. SDI was not the genesis of 
missile defense. President Johnson had proposed a missile defense 
system in 1967, a system he called the Sentinel. It was to be deployed 
at 15 sites around the country, but it packed a nuclear warhead, and 
the news of its coming was not warmly welcomed.
  When the Nixon administration came to office, it answered the local 
resistance to the Sentinel by naming it the Safeguard and by 
reorienting its mission. Safeguard consisted of 2 interceptors: 
Spartan, a third-stage missile with a 1 megaton warhead, and Sprint, a 
shorter range missile with a warhead that produced an intense burst of 
neutrons. Both of them were radar-guided. Neither was accurate enough 
for what we call today hit-to-kill, but with a 1-megaton warhead, the 
Spartan did not need hit-to-kill. The lethal range for the x-rays 
generated by its warhead above the atmosphere was several kilometers.
  These systems were flight-tested often, and compiled an unimpressive 
record, but there was one flaw that really did it in. A nuclear weapon 
detonation above the atmosphere produces a huge quantity of electrons. 
Their interaction creates electromagnetic pulse and ionizes the whole 
top of the atmosphere. And when electrons in this mix reach a certain 
density, the waves that are projected by long-range radars are weakened 
to the point that they can no longer see objects as small as reentry 
vehicles. In other words, the Spartan and the Sprint, put together, 
were self-blinding. They did not work. They were self-defeating.
  In October 1975, we opened the site at Grand Forks for the deployment 
of the system and it lasted all of 2 months; 2 months. We spent $20 
billion in today's money and the system was shut down.
  Now, after spending $20 billion to learn that nuclear-tipped 
interceptors are self-blinding, self-defeating, let us do not go down 
that path again. After spending another $60 billion since SDI to 
perfect the technology we today call hit-to-kill, let us stick to our 
knitting. It is about to work. It is about to come to fruition. Let us 
keep missile defense focused on things that are feasible.
  Now, my colleagues may say that what I am doing in this motion is 
setting up a straw man and then knocking him down; that MDA is not even 
developing so-called nuclear-tipped interceptors, and that is true, for 
now.

                              {time}  0115

  But there are reports that Secretary of Defense Rumsfeld asked the 
Defense

[[Page H2384]]

Science Board to weigh this option, and here is what our own committee 
report says at page 230, in this bill on page 230:
  ``The committee understands that the Department may investigate other 
options for ballistic missile defense; among them, nuclear armed 
interceptors. The committee would consider the examination of such an 
alternative to be a prudent step.'' I do not consider that to be 
prudent in terms of dollars or defense policy. That is why I move to 
recommit and undo this language.
  Mr. Speaker, I yield 1 minute and 50 seconds to the gentleman from 
Maine (Mr. Allen).
  Mr. ALLEN. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, I urge support for this motion to recommit to prohibit 
the development or deployment of nuclear-tipped ballistic missile 
interceptors.
  As the gentleman from South Carolina has said, the Safeguard nuclear 
antimissile system was canceled by Congress 2 months after it was 
deployed in 1975, partly because the new Russian MERVs would easily 
evade the defense and partly because the public would not tolerate 
U.S.-nuclear explosions over our cities and territories as a way of 
defending this country.
  President Reagan's Strategic Defense Initiative rejected the nuclear 
option. If President Reagan knew it was a bad idea 20 years ago, why 
revive it now? Yet Secretary of Defense Rumsfeld has reportedly 
instructed the Defense Science Board to explore this option. There are 
bad ideas and there are really bad ideas, and this bill should slam the 
door on really bad, half-baked ideas like nuclear-tipped ballistic 
missile interceptors.
  General Kadish, director of the Missile Defense Agency, has said that 
he has no interest in developing nuclear-tipped interceptors. He knows 
that Americans will never tolerate this sort of defense that relies on 
U.S. nuclear explosions over our homes, raining down radioactivity and 
blinding radars and other sensors of conventional missile defenses.
  The Committee on Armed Services has held numerous hearings supporting 
hit-to-kill technology and showing it works. If it works, why return to 
nuclear explosions as a way of defending our country?
  The other side will suggest that we should not restrict the 
Pentagon's ability to experiment with any technology; but, Mr. Speaker, 
if that is true, why are we even here? Why do we not write a blank 
check at the beginning of the year and go home? Because Congress has a 
constitutional duty to set spending priorities. We should reject this 
type of missile defense and vote for the motion to recommit.
  Mr. SPRATT. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, let us vote to affirm Ronald Reagan's wisdom. Let us win 
one for the Gipper. Vote ``aye'' for nonnuclear missile defense.
  Mr. HUNTER. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore (Mr. LaTourette). The gentleman from 
California (Mr. Hunter) is recognized for 5 minutes.
  Mr. HUNTER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, there is no plan, no funding, no blueprint to use 
nuclear-tipped interceptors. In fact, we do not have them. We used to, 
and we disassembled them.
  But the Soviet Union, now Russia, does indeed have them; and we are 
doing precisely, if we vote for this motion to recommit, precisely what 
the Gipper did not want us to do, and that is for Congress to take all 
the chips off the table when the President has an opportunity to maybe 
negotiate down or negotiate out that nuclear-tipped Galosh force that 
Russia maintains around Moscow right now.
  So let us win one for the Gipper; let us not vote for this motion to 
recommit.
  Let me just say one other thing to my Democrat friends. I was all set 
for a motion to recommit on base closing. What happened to that motion 
to recommit? I thought that would be what they would offer up here.
  I would recommend to us that we kind of keep our eye on the ball. The 
ball is, we are providing in this bill for the Armed Forces of the 
United States of America. This bill has been the product of literally 
thousands of hours put in by Members on both sides of the aisle, by the 
staff.
  I do not know how the rest of the Members feel, but the last 8 
months, I have felt a little bit like it must have been after Pearl 
Harbor. We were hit by a sneak attack in this country. It killed 
thousands of our citizens. We came together, and a wave of patriotism 
and spirit moved across this country.
  We stood behind our military people. We sent our uniformed forces out 
to hunt down the enemy and engage them in combat. They have been doing 
that very, very effectively. I think it is entirely appropriate that we 
name this bill in honor of the gentleman from Arizona (Mr. Stump), 
because he is one of those World War II veterans who joined at the age 
of 16.
  The gentleman from California (Mr. Rohrabacher) mentioned to me that 
it might be a good time to mention the other World War II veterans, 
because we do not have a lot of them. They are a great asset to this 
Congress.
  I would just ask, if they are here tonight, if they can stand: the 
gentleman from Michigan (Mr. Dingell), the gentleman from Illinois (Mr. 
Hyde), the gentleman from New York (Mr. Gilman), the gentleman from 
Texas (Mr. Hall), the gentleman from Ohio (Mr. Regula), and the 
gentleman from New York (Mr. Houghton).
  If we have missed anyone, please stand up. Let us give them a round 
of applause. And the gentleman from North Carolina (Mr. Ballenger).
  Now, Mr. Speaker, we have come together. We have put in thousands of 
hours with staff and Members. We have put together a great bill that 
does what we are supposed to do, and that is, we have given the 
President and our troops the tools that they need to do the job. They 
are doing their duty, and 1.2 million Americans in uniform across the 
world are doing their duty to serve this country. Let us do our duty. 
Let us pass this bill.
  Mr. THOMAS. Mr. Speaker, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from California.
  Mr. THOMAS. I thank the gentleman for yielding.
  Mr. Speaker, just to make sure that everybody understands what this 
vote is, a way of looking at it would be to vote yes or no as a 
referendum on the motion for the committee to rise and those who 
sponsored it. If Members like the motion to rise, vote yes; if they did 
not like what happened, vote no.
  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 ayes appeared to have it.


                             Recorded Vote

  Mr. SPRATT. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the time for any electronic vote on the 
question of passage.
  The vote was taken by electronic device, and there were--ayes 193, 
noes 223, not voting 18, as follows:

                             [Roll No. 157]

                               AYES--193

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     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
     Ehlers
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)

[[Page H2385]]


     Larson (CT)
     Leach
     Lee
     Levin
     Lofgren
     Lowey
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watt (NC)
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--223

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boyd
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Cooksey
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Stump
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Turner
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--18

     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Ose
     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

                              {time}  0141

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. LaTourette). The question is on the 
passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. STUMP. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 359, 
noes 58, not voting 18, as follows:

                             [Roll No. 158]

                               AYES--359

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (SC)
     Bryant
     Burr
     Buyer
     Callahan
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clement
     Clyburn
     Coble
     Collins
     Condit
     Cooksey
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     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
     Gutierrez
     Gutknecht
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jefferson
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (RI)
     Kerns
     Kildee
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mink
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Napolitano
     Neal
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sandlin
     Sawyer
     Saxton
     Schaffer
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Toomey
     Turner
     Udall (NM)
     Upton
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                                NOES--58

     Baldwin
     Barrett
     Becerra
     Blumenauer
     Bonior
     Brown (OH)
     Capuano
     Clayton
     Conyers
     Coyne
     DeFazio
     DeGette
     Delahunt
     Doggett
     Eshoo
     Farr
     Fattah
     Filner
     Frank
     Hinchey
     Holt
     Honda
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     Lee
     Lofgren
     Markey
     McDermott
     McGovern
     McKinney
     Meeks (NY)
     Miller, George
     Nadler
     Oberstar
     Obey
     Olver
     Owens
     Paul
     Payne
     Rangel
     Rivers
     Sanders
     Schakowsky
     Serrano
     Stark
     Tierney
     Towns
     Udall (CO)
     Velazquez
     Watt (NC)
     Weiner
     Woolsey
     Wu

                             NOT VOTING--18

     Burton
     Cannon
     Clay
     Combest
     Crane
     Hall (OH)
     John
     Kennedy (MN)
     Lewis (GA)
     Millender-McDonald
     Nethercutt
     Ose
     Reyes
     Riley
     Roukema
     Traficant
     Watson (CA)
     Waxman

[[Page H2386]]



                              {time}  0147

  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title of the bill was amended so as to read: ``A bill to 
authorize appropriations for fiscal year 2003 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________