[Congressional Record Volume 148, Number 69 (Friday, May 24, 2002)]
[House]
[Pages H3039-H3064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES
Mr. HASTINGS of Washington. Mr. Speaker, by direction of the
Committee on Rules, I call up House Resolution 431 ask for its
immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 431
Resolved, That immediately upon the adoption of this
resolution further consideration of the bill (H.R. 4775)
making supplemental appropriations for further recovery from
and response to terrorist attacks on the United States for
the fiscal year ending September 30, 2002, and for other
purposes, shall proceed in the House. The bill shall be
considered as read for amendment. In addition to the
amendments considered as adopted pursuant to House Resolution
428, the further amendments adopted in the Committee of the
Whole and the amendments printed in the report of the
Committee on Rules accompanying this resolution shall be
considered as adopted. The previous question shall be
considered as ordered on the bill, as amended, to final
passage without intervening motion except one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Washington (Mr. Hastings)
is recognized for 1 hour.
(Mr. HASTINGS of Washington asked and was given permission to revise
and extend his remarks.)
Mr. HASTINGS of Washington. Mr. Speaker, for the purpose of debate
only, I yield the customary 30 minutes to the gentleman from Texas (Mr.
Frost), pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
Mr. Speaker, H. Res. 431 would provide for the further consideration
of H.R. 4775, the 2002 Supplemental Appropriations Act for Further
Recovery and Response to Terrorist Attacks on the United States.
The rule provides that in addition to the amendments considered as
adopted pursuant to House Resolution 428, the further amendments
adopted in the Committee of the Whole and the
[[Page H3040]]
amendments printed in the report of the Committee on Rules accompanying
this resolution shall be considered as adopted. That simply strikes
four provisions in the bill that are in violation of House rule XXI.
The rule further provides that the previous question shall be
considered as ordered on the bill as amended to final passage without
intervening motion except one motion to recommit, with or without
instructions.
Mr. Speaker, H.R. 4775 is a bipartisan emergency wartime supplemental
for the fiscal year 2002. We are here tonight under these extraordinary
circumstances due to the urgent need to complete this legislation and
ensure that our men and women in uniform have the necessary funding to
continue to fight the war on terrorism.
Mr. Speaker, this is, again, an emergency supplemental. To ensure
that all of my colleagues understand exactly why we are here tonight, I
have brought a dictionary, ``Webster's New Collegiate Dictionary,'' to
make sure there is no confusion as to what we are talking about.
Let us look how this dictionary defines ``emergency'': (1) A serious
situation or occurrence that happens unexpectedly and demands immediate
attention; (2) A condition of urgent need for action or assistance.
What about ``supplemental''? Let us see what the dictionary provides
for that definition: (1) Something added to complete a thing, make up
for a deficiency, or strengthen the whole.
Clearly all of my colleagues understand that this legislation meets
the test on both counts. September 11, 2001, was surely an emergency,
and this legislation is urgently needed to supplement the military and
ensure that we are able to fight and win this war. And, Mr. Speaker,
this is indeed a war.
This rule is necessary due to the extraordinary situation that the
House was faced with. The Committee on Rules earlier granted an open
rule, as we normally do on appropriations bills, with debate subject to
the 5-minute rule. Any amendment that conformed with the regular rules
of the House would have been in order.
Unfortunately, we have been debating H.R. 4775 since 6:23 p.m.
Wednesday with over 16 hours spent on this debate, and we have disposed
of a mere five amendments.
Regrettably, the other side of the aisle, perhaps not understanding
the emergency and supplemental nature of this legislation, has slowed
down this process. Therefore, we must come forward with a rule to
ensure that this emergency legislation proceeds. To continue to delay
will place in jeopardy the necessary funds to ensure that our men and
women in uniform have the necessary resources to prosecute the war on
terrorism, which we all support.
Accordingly, Mr. Speaker, I encourage my colleagues to support H.
Res. 431 and the underlying bipartisan emergency wartime supplemental.
Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is very late, so I will not mince words. Democrats
are as eager to vote for the bill that came out of the Committee on
Appropriation as Republicans are. The underlying bill is still a good,
bipartisan measure that supports the war on terrorism and homeland
security. But by resorting to extraordinary, arrogant, and deceptive
procedures tonight, the Republican leadership has sunk to a new low.
Mr. Speaker, the second rule is no better than the first rule the
Committee on Rules reported out yesterday. Republicans are still using
the war to hide from the American people their raid on Social Security.
They are still trying to secretly turn your Social Security card into
their credit card. They are still trying to charge billions of dollars
more without even putting it through the credit card reader because
they do not want a tell-tale receipt for their spending spree.
The only change, Mr. Speaker, is that Republicans have resorted to
outrageous procedures to completely shut off debate tonight. Let me say
that again: to completely shut off debate. Simply put, they do not like
the fact that Democrats are exposing their attempt to politicize the
war, drive the Nation into deeper debt, and keep raiding Social
Security.
That is right, Mr. Speaker. As America prepares to celebrate Memorial
Day, Republican leaders are shutting down democracy in the House of
Representatives, and they are so ashamed that they waited until the
cover of darkness to do it.
Well, they should be ashamed. Right now, the brave men and women of
the U.S. military are halfway across the globe fighting for freedom and
democracy in Afghanistan, and tonight the Republican leadership is here
in Washington stomping out democracy in the House of Representatives.
But I suppose we should not be surprised, Mr. Speaker. After all,
this has been a very bad 10 days for the Republican House. Republican
leaders are scared to death by the vulnerability of their slim
majority, so scared that they seem to be willing to do anything to
cling to power. Last week, the press caught them using as a cheap fund-
raising prop an official photograph of the President taken on September
11. That, I think we would all agree, was a disgraceful display of
political opportunism, one that does a tremendous disservice to the
President and the country. But Republicans never apologized to the
American people, so I assume they are still selling a piece of
September 11 in order to pay for their congressional campaigns.
Then yesterday, Republican leaders brought their strategy of
political war profiteering to the House floor. And they got caught once
again. That was undoubtedly painful for the Republican leadership, Mr.
Speaker; but it was good for the House, because it has given us one
more chance to stop them from politicizing the war.
Mr. Speaker, we all know it is wrong to use soldiers and seniors as
political pawns. And we all know that that is precisely what this rule
does.
So I urge my Republican friends to join me in opposing this rule, to
join me in urging Republican leaders to stop holding this wartime
spending bill hostage. Then we can all vote together, as a unified
House of Representatives, to pass the original bipartisan bill that
Democrats and Republicans both support.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3
minutes to the distinguished gentleman from Florida (Mr. Diaz-Balart),
a member of the Committee on Rules.
Mr. DIAZ-BALART. Mr. Speaker, I thank my colleague for yielding me
time.
Mr. Speaker, how unfortunate it is that our colleagues on the other
side of the aisle are accusing us of, in the words of my friend, the
gentleman from Texas (Mr. Frost), ``stomping out democracy,'' by
bringing forth a rule to try to get a vote on a wartime supplemental
appropriations bill.
After 16 hours of dilatory tactics, after 16 hours of delaying
motions, delaying motion after delaying motion, we are accused of
stomping out democracy because we want this House before Memorial Day
to vote on a wartime supplemental appropriations bill.
I think it is most unfair for our colleagues on the other side of the
aisle to adopt the attitude that they have adopted. The underlying
legislation is extraordinarily needed. If there has ever been a need
for legislation, it is to provide our men and women with the resources
to continue to fight successfully, as they have, in defending this
Nation, and to see hour after hour of dilatory tactics with absurd
arguments, absurd arguments, which do not meet any test of the
ridiculous. And to then accuse us, because we wish to get a vote on
this wartime supplemental appropriations bill, to accuse us of stomping
out democracy, is not serious; and it is not fair.
I am reminded of the words of the Spanish philosopher Ortega y
Gassett, who said that ``man is man plus his circumstances.'' I know
that it is the circumstances of our friends on the other side of the
aisle to be protesting. Perhaps it is the circumstances. The reality of
the matter is that I know that our colleagues that are listening on
their TV screens know that what we are doing is not only appropriate,
but it is fair and it is necessary.
So after 16 hours of dilatory tactics, after 16 hours of wasting the
time of our colleagues, what we are telling our friends on the other
side of the aisle is that it is time to vote to get the aid to our men
and women in uniform.
[[Page H3041]]
{time} 0115
Mr. FROST. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, if the country of Cuba had a parliament or a
legislature, they would be attempting to do exactly what the
Republicans are doing tonight. They would give the dictator of that
country the right to prevent that parliament from voting on an issue of
whether or not to raise the debt, whether or not to put the country in
debt. All we are asking for is the right to vote squarely on whether to
put this country deeper in debt.
The Dallas Morning Newspaper in my home city, a very conservative
newspaper, editorialized today against what the Republicans are doing,
saying, shame on them. The Congress should vote directly on the
question of putting this country deeper in debt, something which this
rule prohibits us and prevents us from doing, just as they would in the
Cuban parliament if there happened to be one.
Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr.
Obey).
Mr. OBEY. Mr. Speaker, since we are pretending that this is a new
legislative day, I thought the least I could do is pretend that I had
gone home and put on a different set of clothes and freshen up a bit,
and I think we might as well continue the pretense for a while.
This bill started out as a bipartisan wartime supplemental supported
by both parties. Then, as they had previously done on so many other
occasions, on patients' protection, on the energy bill, on airline
security, on the Patriots Act, on pension reform and the welfare bill,
the majority leadership decided to obliterate the legislative process.
They discarded a bipartisan committee product, and they threw in
unrelated partisan political items that characterized a full partisan
agenda. They imposed a partisan unrelated budget resolution which
pretends that they will spend $10 billion less next year than they are
asking us to spend in this bill this year. They also slipped in without
a vote a sleight-of-hand, hidden debt increase of $750 billion, and
then they threw in enough special goodies for a few friends to get the
votes to pass this shameful smorgasbord. They did it all to preserve
their tax cut promises to the most well-off 2 percent of the
population, promises that have turned surpluses into deficits as far as
the eye can see, and deprived us of the dollars we need to strengthen
Social Security and to make other crucial investments.
Now, the debate the last two days has been to try to get them to make
this a real legislative debate about real choices. Instead, they have
taken abusive power to a new level. The new rule invents the fiction of
a new legislative day to destroy the legislative process even further.
What we are left with is not even a real debate. It is not even a
real legislative product. This House is not behaving like a real
legislative body. It has been turned into an ATM machine for the most
privileged which stays in power by abusing the legislative process to
avoid any real voting record.
What a shame, when the legislative process is corrupted to polarize a
product that should have been used to forge national unity. It belies
the false pieties that we will undoubtedly hear tonight.
Our friends on the other side may say they are doing the best they
can. As my old friend, Archy the Cockroach would say, ``Hell's bells,
Mehitabel. That is only an explanation. It is not an excuse.''
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1
minute to the gentleman from Alabama (Mr. Callahan).
Mr. CALLAHAN. Mr. Speaker, if I could engage in a brief colloquy here
to make a point of information. I know somewhere in that rule, all five
of my amendments are included. My question is, are my amendments deemed
to be in order?
Mr. HASTINGS of Washington. Mr. Speaker, if the gentleman will yield,
I would say to the gentleman from Alabama, we took all amendments under
consideration and we have come forward on this floor with what we think
is a very fair rule for everybody that submitted an amendment to the
Committee on Rules.
Mr. CALLAHAN. Mr. Speaker, a further inquiry here, since the
gentleman has his Webster's dictionary here, would he look up and see
if possibly I have been ``reemed'' instead of ``deemed.''
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. FROST. Mr. Speaker, I yield myself 30 seconds. Before the
gentleman from Alabama leaves the floor, I would point out to the
gentleman that I know where his amendments are. They are in the
wastebasket up there in the Committee on Rules. They did not give the
gentleman from Alabama a vote on any of his five amendments.
Mr. Speaker, I yield one minute to the gentlewoman from California
(Ms. Pelosi).
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, on the eve of Memorial Day when we honor the heroes who
made the supreme sacrifice for democracy, the Republicans are taking
extraordinary efforts to shut off debate and stifle the democratic
process. The Republican majority has desecrated a bill designed to
support the troops, honor their mission, and help those affected so
sadly by September 11. The Republicans dishonored this bill by their
stealth attack on the Social Security fund.
It is no wonder the Republicans are ashamed to vote in the light of
day in public on their secret $750 billion increase in the debt
ceiling, which is necessary, of course, to cover their tax break for
the rich at the expense of America's seniors who depend on Social
Security.
Mr. Speaker, I urge my colleagues to vote against this closed rule,
which is a sign of failure on the part of the Republicans to honor
their commitment to the democratic process and to America's seniors.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield two
minutes to the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, this is a very serious process, and this
process did not start here. It started in the battlefield in
Afghanistan and in the fleet and in the expeditionary marine units that
are engaged in war in a remote part of the world right now on behalf of
the United States. What happens is the battlefield commanders send to
their headquarters the requirements for those things that they need.
They let them know if they need ammunition. They let them know if they
need battlefield wound dressings. They let them know if they need spare
parts. They send those things up through their chain of command and it
comes up through the services and it comes up through the Pentagon and
it is worked over by the folks who head the services, and they send it
to the Subcommittee on Defense of the Committee on Appropriations, and
they review it, and then we produce for the people who wear the uniform
of the United States the equipment that they need to win the war.
Now, that is what they have done, and that is what this bill gives
them. It gives them bombs and ordnance. It gives them these JDAM
munitions which are very accurate. It gives them the Predator attack
vehicles which have proved so successful on the battlefields. It gives
the infantry ammunition, and they are low on ammunition right now. It
gives them M-60 helicopters. It gives them what they need right down to
those battlefield wound dressings. That is what we give them.
Now, we have had a great discussion today and every Member has had an
opportunity to get up, Democrat or Republican, and give us his general
views on the war, on life, on Memorial Day, on how we best remember
those people who have served our country. The best way we can celebrate
this Memorial Day is very simple. Let us give to our military folks the
wherewithal to win this war. That is what we are doing. It is apparent
that in doing this, we are going to have to go through a blockade, and
this blockade has been a legislative blockade that has been put out
here today. Let us roll the blockade. Let us supply the troops. This
bill supplies the troops. Let us vote it up.
Mr. FROST. Mr. Speaker, I yield myself 15 seconds. If I understand
the last speaker correctly and the other speakers before him, too much
democracy in defense of democracy is a bad thing.
[[Page H3042]]
Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr.
Hastings).
Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentleman for
yielding me this time. I would ask our friend from California what do
29 and one-tenth million dollars in Members' personal projects have to
do with the war on terrorism? Like Americans all over this great
Nation, I strongly support, as do all of my colleagues, Democrats and
Republicans, the expenditure of supplemental funds that will help our
military win the battle against terrorism. However, I cannot help but
note that in our patriotic fervor, we are jeopardizing the future for
our children and grandchildren by passing on an additional $750 billion
in debt. I can only hope that when history judges us and the decisions
we make today are the bad ones we made yesterday, we are found wise and
not ridiculous.
In the area of the ridiculous, I have noticed several items within
this supplemental that for the life of me I cannot tie to the war on
terrorism. For example, do all of our colleagues know that there are
these 25 plus million dollars in Members' projects? Do our colleagues
know that the supplemental money that is out here is for certain
hospitals and schools, but not for all of them? To paraphrase my good
friend from New York (Mr. Rangel), are there any differences between a
sick and uneducated child in Florida and one in Texas? What about the
cuts in the bill? Do all of our colleagues realize that on page 99 of
the bill, $300 million is authorized for the revitalization of section
8 and section 202 senior housing are being rescinded? How about the
cancellation of loan guarantees to our country's airlines? And do not
tell me you did something. What you did was you protected grant money
that is already gone, and you allowed loan guarantees for something
that does not in the final analysis protect them.
What happens to USAir? What happens to Spirit Air and perhaps United?
What happens when their employees tomorrow wake up and find that they
do not have a job?
We did not get to do anything about election reform. I do not know
whether my good friend and the dean of our delegation would have
accepted my measure that I would have offered.
What we wound up doing here is adopting a bill that did not allow
debate on debt relief, and then adopting a rule that did not allow what
we did not adopt. How crazy can you be?
Mr. HASTINGS of Washington. Mr. Speaker, I reserve my time.
Mr. FROST. Mr. Speaker, I yield two minutes to the gentleman from New
Jersey (Mr. Menendez).
Mr. MENENDEZ. Mr. Speaker, I rise to oppose this undemocratic rule,
and I stand here today to honor our troops who are putting their lives
on the line to defend our freedom and our way of life. We Democrats
support funding the war on terrorism and homeland security, and if
Republicans gave us a clean bill to fund just these efforts, we would
have a unified House; a unified House.
But instead of supporting our troops, Republicans are playing
politics, the very worst type of politics, with the futures of the very
people who are protecting us. And yes, there is an emergency here, and
that is the $750 billion debt we are placing on America's children,
seniors, families, and veterans.
Yes, I stand here today to honor our troops who are on the front line
for freedom and those who have fought in the past to secure the
freedoms we enjoy. But this House has a responsibility to protect these
American heroes, and that is what we intend to do. That is why we
Democrats are trying to do everything in our power to prevent
Republicans from mortgaging the future of our fighting men and women by
saddling them with a debt that will take generations to pay off, a debt
that will raid Social Security and Medicare.
If my colleagues believe in this debt limit increase, if they believe
in unbridled credit card spending, then vote for it and let those of us
who oppose it vote against it and let the American people see who
stands on what side.
Yes, our troops are defending our freedom, and freedom is about
openness and democracy and responsibility, little of which we are
seeing from the Republican side today. Democracy is not about martial
law. If you want to honor our troops, then do not saddle them and their
families with a mountain of debt. You want to honor our veterans, then
do not threaten their Social Security and do not seek cover behind the
bravery and valor of our troops to hide your own lack of conviction.
Give us a vote up or down on how high America's debt will be and let us
see where the people will stand.
Mr. Speaker, I yield back the $750 billion you have saddled on
America's future.
{time} 0130
Mr. FROST. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Speaker, I have a problem here with the 16-hour
delay. This supplemental has been sitting here for 2 months, and we got
it up, and we complain about 16 hours' delay?
The thing that worries me as much as anything is we have a shortfall
on the National Guard of $1.8 billion. We have those National Guard
deployed. We have 78,000 National Guard deployed throughout the
country, National Guard and Reserve.
We have taken the money out of that. The committee put it back in.
The chairman of the committee could only squeeze back in $800 million.
We are now short almost $1 billion for the National Guard. I am talking
about the bill actually says we have to cut people on active duty by
14,000 people in order to make up for the shortfall.
Now, we say, okay, we are only talking here, or we are finagling
around here in order to get through so we have enough money. But it
sends a terrible signal to the troops that we do not have confidence
and we are going to cut. In other words, when we vote for this rule, we
have eliminated $800 million. We have not funded, I should say, $1.8
billion to take care of people who are on active duty.
The National Guard called and they were bananas about the fact that
we were cutting the National Guard by $1.8 billion. We did the best we
could do, and we put half the money back in. I am sure between the
chairman, the ranking member, the chairmen of both committees, the
ranking members, we will get that money back.
But the difficulty is that here we are to get through this thing, to
get it over to the Senate, and we are actually voting to cut back on
troops that are on active duty right now. Then we get criticized for 16
hours' debate, as if we are unpatriotic.
I have been here 16 hours listening to all this rhetoric about how
unpatriotic people are. This is not what this is all about. This is
about money for the troops.
The second thing, we have almost 8,000 employees in western
Pennsylvania for USAir. I talked to the chairman about it; I talked to
the chairman of the Republican political campaign. He has as much
interest as I do, and the gentleman from Virginia (Mr. Moran) has as
much interest as I do. We are talking about real people.
We met today with the chairman of USAir. He is going to go bankrupt
if this is not settled. Again, what have we done? We have taken money,
or we put a limitation on the money. We thought we solved the problem,
so USAir went to the banks. The banks said, no, this does not solve the
problem. We will not be able to lend them money. So here we are tonight
passing legislation which will mean that USAir could go bankrupt
tomorrow or the next day.
I am sure if the chairman calls them tomorrow and says, look, we are
going to straighten this out in conference, the problem is the Senate
has gone home and they have passed the same legislation. The exact same
wording in the legislation says that there is a restriction, and the
banks will not lend them the money.
So we have a real problem here, for those of us who represent USAir.
They have lost tremendous amounts of money in this latest disaster that
we had. They shut down National for a long period of time. We
restricted the flights all through the United States. We passed
originally, when the height of this disaster occurred, we passed all
kinds of money and said, this money is going to be available. All at
once we put a restriction on when they can apply for a loan. It is
disconcerting.
The other thing we have done, when we talk about delaying a
supplemental, the military has a difficult time. The chairman of the
full committee can tell us this. Every time we delay a supplemental, it
means they have to take
[[Page H3043]]
money out of the fourth quarter, the most inefficient way to operate
when we do not get that money to the services on time.
So here we are, and they said they needed the money in April. They
are already borrowing money from the last quarter in order to pay the
operating expenses for the military, the most inefficient way.
Sometimes we cannot help it.
I know there are problems with this bill, but we are sending a
terrible signal to 14,000 National Guard people who have been on active
duty for a period of time. We are sending a signal to USAir where we
have 9,000 or 10,000 people in western Pennsylvania whose jobs may be
in jeopardy. I hope we will be able to solve this thing.
Most of the time, we can solve it in conference. But I worry as we go
through the process, through the full committee, through the House, and
then meeting with the Senate, that we will not be able to solve this
problem because of the budgetary problem we have been putting ourselves
in. I would ask the Members to vote against this rule and try to solve
this problem.
Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Dicks).
Mr. DICKS. Mr. Speaker, if we all remember last year, the
supplemental was delayed and delayed and delayed; and finally it got up
here very, very late. In fact, I introduced a supplemental to try to
encourage one to be set up by the administration.
It is my understanding that this supplemental this year was delayed
for 2 weeks because of the battle between the Department of Defense and
OMB over this funding for the Guard and Reserve. So I would just say
that the delay has been more on the side of the administration, its
inability to get the supplemental up here on time. I think Congress has
a right to debate this issue fully, particularly because of the
extraneous matters that were added into this bill which should not have
been here and were not here when it left the Committee on
Appropriations.
But to try and say that somehow we have delayed this unreasonably is
just flat out wrong.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Speaker, I hope that every Member of this
body votes with his or her eyes open on this rule, because I was in
discussions when USAirways was assured they would be taken care of.
They are taken care of in this rule. This rule prevents our being able
to take out language which terminates the loan guarantee program that
USAirways has told us they need to prevent insolvency.
Maybe it will not happen; maybe we will luck out. But from any of
those Members that represent any one of those more than 200 cities
served by this airline, this airline, that could not operate for 1
month out of National Airport, where its headquarters is located, that
had only partial service for 8 months, that now has 40,000 employees,
many of whom have called Members' offices, wants all Members to know
exactly what they are doing if they vote ``yes'' on this rule. They are
voting to put them into jeopardy that may cause the loss of those jobs
and the bankruptcy of that airline.
It may not be the biggest issue, but certainly the underhanded way in
which the debt ceiling is lifted and any number of the other issues
that have been raised may be.
But make no mistake what this rule does: it deliberately protects
that provision which terminates the loan guarantee program, knowing
that this airline was going to come in to get that loan and needed it
by August. Many Members have been in those conversations, and they know
exactly what they said. After all those assurances, we have turned our
backs on them, and the Senate has, as well. If we go into conference,
neither the House nor the Senate has allowed this.
Mr. FROST. Mr. Speaker, I yield myself 15 seconds.
Mr. Speaker, let us be very clear about what the people on the other
side are arguing in favor of. They are arguing in favor of a 3-day
week. They are complaining, oh, gee, we have spent 16 hours on that. We
just finished Thursday. Most people work on Fridays. These folks do not
want to work on Friday. They want a 3-day week, because we came in at
6:30 on Monday evening.
Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr.
Roemer).
(Mr. ROEMER asked and was given permission to revise and extend his
remarks.)
Mr. ROEMER. Mr. Speaker, we find ourselves here in the middle of the
night voting on an emergency supplemental to help our brave Armed
Forces fight and win a war because we were attacked; and 2,800 people,
Americans, were killed in New York and at the Pentagon and in
Pennsylvania.
I have offered two amendments this evening on rules to try to get an
amendment offered for an independent blue ribbon commission to look at
what happened and why.
I know we are going to win the war on terrorism, and I am so proud of
the troops overseas. I know our intelligence community is going to
continue to help us win this war and put people in jail overseas and
freeze assets of the terrorists.
But I think it is also so important for us to look back, figure out
what went wrong, and move forward and fix the problems; not to create a
political blame game, not to blame the Clinton administration or the
Bush administration, but to fix what went wrong yesterday and make it
right for tomorrow, so that we do not have 2,800 people lose their
lives again.
Eleven days after Pearl Harbor, President Roosevelt appointed a blue
ribbon commission. The Senate is asking for an independent blue ribbon
commission in a bipartisan way.
Conservative Republican columnists like William Safire say that we
need an independent commission. Let us move on it tomorrow. The Weekly
Standard, a conservative Republican publication, says that we need one.
So does George Will.
As we fight this war in a bipartisan way together, let us fix the
broken system, not to point at who dropped the ball, but to fix the
system for America tomorrow. I hope we can work on this in a bipartisan
way.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, the only emergency addressed by this rule
is the one created when they were caught in a sleight-of-hand to
greatly accelerate the national debt. Having been caught, our
Republican friends have put a new twist on an old maxim: if you cannot
say anything good, just do not say anything. Their twist is, they do
not have anything to say good in their defense for jeopardizing Social
Security and Medicare, so they do not want anyone else to say anything,
either.
They have used a harsh rule. They have used a rule and a tactic that
is truly worthy of the parliament in some backwater dictatorship. This
is really just the latest of outrages in this House, many of them that
are best considered here late at night, best considered under the cover
of darkness when the Republican leadership has something in which to
hide its shame.
Their scheming is so very bad tonight they do not even know what day
it is. Indeed, I can tell the Members one thing: for Democrats in this
House, it is a new day. We have had enough shenanigans. We have had
enough gimmicks. We have had enough antics here in this House, and we
are going to be back. We are going to be back throughout this session
again and again. We are going to be working together. We are going to
stand up and speak out forcefully for America.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, try as I may to believe that
this is another day, in fact, this is actually a day of crimes against
democracy, a masquerade, with legislation before us that is filled with
the privileges of Republicans who have amendments to take back home to
shine.
We here today recognize that as we move towards Memorial Day, it will
be a significant time for us. After September 11, we will honor both
our dead as well as those who lost their lives on September 11. But
what we will know most of all is that as we vote for this rule, for
those who will, they will just
[[Page H3044]]
confirm that they will join the raiding of the Social Security surplus,
$1.8 trillion to be raided between the years of 2003 and 2012.
{time} 0145
That is what this rule stands for, a complete ignoring of the
responsibility, not only of Republicans and Democrats, but Members of
this House, the responsibility to the people of United States of
America to ensure that we save Social Security. And then, as I said,
that is crime against democracy.
We had amendments, some two dozen of them. We did not do this bill.
We only got up to part of title I to chapter 3, and there happens to be
three titles. I had amendments. We seemed to be afraid to find out the
facts.
Nobody is pointing the finger at what happened. We would like to know
what happened so we can not repeat this in the future. Here we have an
FBI memorandum that talks about individuals who are learning in our
flight schools across America, but yet we had nothing to occur with
that memorandum. I had an amendment that I had hoped would have focused
us on getting a report to Congress to find out what happened. And yet
even though we know there were FBI memoranda throughout the summer
talking about the potential of this horrific and terrible act, no one
seems to know what happened to those memoranda. I had amendments to
address that question along with many others. And yet the shame and
sham against democracy, we have shut it down, and here we are today
acting like we are doing some work.
Mr. Speaker, I come before this honored House and the American people
with a heavy heart. The questions surrounding what was known prior to
September 11th continues to grow and multiply each day. It was
discovered that in 1996 Philippine authorities notified the United
States that Ramzi Yousef, the man behind the original 1993 World Trade
Center bombing, was plotting to hijack an aircraft and crash it into
CIA Headquarters in Langley, Virginia.
Consequently the analysis in a recent disclosure that an FBI agent in
the Phoenix Office recommended last summer that his superiors look for
al Qaeda members training at U.S. flight schools. The memo said bin
Laden followers could be planning to use the training for some sort of
terrorism. Additionally FBI agents in Minnesota were working on a tip
from a Minnesota flight school, arrested Zacarias Moussaoui, a French
citizen of Moroccan descent who wanted to learn to fly, but not land, a
747 airliner. The FBI's Minneapolis office was refused permission to
search Moussaoui's laptop for clues. In a handwritten message, FBI
Special Agent Kenneth Williams wrote that Moussaoui was the ``type of
person that could fly something into the World Trade Center.'' On
August 16, 2001, the Federal Aviation Administration issued a message
on ``disguised weapons.''
The combination of just these events shows the need for coordination
and synchronization of efforts. We cannot leave an investigation of
this matter to a behind-closed-doors review by the intelligence
community and Intelligence Committees. Our concerns are not ones of
public relations or politics, but of substance and a commitment to
ensuring that similar errors are prevented in the future.
This amendment will further the goal of requiring the DOJ to explain
their procedures to Congress. The amendment does not require the FBI to
disclose confidential sources or intelligence gathering techniques.
Instead this amendment will provide Congress an opportunity to analyze
coordination techniques.
Support this amendment and provide the security these two girls and
the American people need.
Mr. FROST. Mr. Speaker, I yield two minutes to the gentleman from
Washington (Mr. Baird).
Mr. BAIRD. Mr. Speaker, a few moments ago the gentleman from Florida
spoke with great flourish suggesting that the debate on the rules are
manufactured and unimportant. Nothing could be further from the truth.
In fact, rules are the way a civilized society governs its conduct. We
teach our children to play by the rules. We teach them fairness.
Mr. Jefferson saw the rules as a way of protecting the views of the
minority against the abuses which the wantonness of power is too often
apt to suggest to large and successful majorities, protecting the views
of the minority for the good of the democracy against the wantonness of
power which suggests itself to the majority.
This may not be a sexy or glamourous topic for the American people,
but it has to do with how your government functions. It has to do with
the free exchange of ideas. Jefferson did not say the purpose of the
rules is to allow the majority party to work its will without
resistance. He said the purpose of the rules is to also protect the
minority opinion against the wantonness of power of the majority.
For too long, for too long this body has witnessed the wantonness of
power manifested in the rules exercised by the majority. You may have
the right to do that, but is it right to do that? Is it good for the
country?
Mr. Jefferson also asked the following: He asked if it makes sense
for one generation to charge the next with a debt, because if it does
charge the next generation with a debt larger than it can repay, than
the Earth belongs to the dead, not the living.
The rule question today was are we charging the next generation with
a debt and thereby giving the Earth to the dead, not the living? Your
rule is designed to stop that debate.
Mr. HASTINGS of Washington. Mr. Speaker, how much is remaining?
The SPEAKER pro tempore (Mr. Simpson). The gentleman from Washington
(Mr. Hastings) has 20\1/2\ minutes remaining. The gentleman from Texas
(Mr. Frost) has 1\1/2\ minutes remaining.
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have been in this House for a while and I seem to
remember a former Speaker of this House on the other side of the aisle
standing up repeatedly when he was in the minority and talking about
the corruption of the majority. Corruption. That was his word, not
mine. And I think what we see here today is the exact same situation
that Speaker Gingrich complained about repeatedly when talking about
Democrats.
We were in power for 40 years. He complained about the way we used
our power. The Republicans have only been in power since 1995, for
seven years. The Republican leadership, the Republican majority in this
House, as evidenced by this rule today, is a corrupt majority.
Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield such time as he may
consume to the distinguished gentleman from California (Mr. Dreier),
the chairman of the Committee on Rules, to close.
Mr. DREIER. Mr. Speaker, that certainly was a charming assessment of
the work product that we have here.
Let me say what we are going to be doing right after we pass this
rule with enthusiastic support from our side of the aisle. We are going
to have something that did not exist when the wonderful party of Thomas
Jefferson controlled this institution for the four decades before we
won the majority in 1994. What we are going to have is a motion to
recommit that will be offered by the minority party. How can it be
called corrupt to guarantee a right to the minority?
James Madison talked about that right as an extraordinarily important
right. And I will tell you I was privileged to serve in this
institution in the minority for 14 years before we won the majority;
and I have been very proud to have fought for minority rights. And I am
not going to accuse either side of being corrupt. And I will tell you
that I am proud of what it is that we have done. What we did with this
rule is we provided an open amendment process so that any germane
amendment could be offered. We said that we could have a full and
lively debate. Well, it ended up being nothing more lively, Mr.
Speaker; and it was lively but not full; and it was not full because we
had vote after vote after vote which clearly delayed the opportunities
for us to, in fact, have the kind of opportunity to get the assistance
to our men and women in uniform who desperately need it.
And, yes, we have addressed a few other issues that we needed to
address in this bill. That is what happens. And I do not think that any
Member of the now-minority could stand up and say that when they were
in the majority they did not address any of the concerns that existed
for their Members.
So, Mr. Speaker, I think it is very important for us to, on the eve
of the
[[Page H3045]]
Memorial Day celebration, when most of us will be in our districts
going to honor the men and women who have given their lives for the
United States of America, to pass this rule and pass this very
important wartime supplemental appropriations bill so that we can do
what every single American and every freedom-loving human being on the
face of the Earth wants to do, and that is to win this war.
Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of
my time, and I move the previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FROST. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 213,
nays 201, not voting 21, as follows:
[Roll No. 204]
YEAS--213
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Brady (TX)
Brown (SC)
Bryant
Burr
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Cooksey
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hansen
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Herger
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Latham
Leach
Lewis (CA)
Lewis (KY)
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stump
Sullivan
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Upton
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weller
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NAYS--201
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hefley
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOT VOTING--21
Bonior
Burton
Clay
Combest
Condit
Cramer
Crowley
Deutsch
Gutierrez
LaTourette
Linder
Lipinski
McIntyre
Radanovich
Roukema
Thompson (CA)
Thompson (MS)
Traficant
Vitter
Weldon (PA)
Whitfield
{time} 0215
Mr. Kind changed his vote from ``yea'' to ``nay.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution
431, the House shall immediately proceed to further consideration of
the bill (H.R. 4775) making supplemental appropriations for further
recovery from and response to terrorist attacks on the United States
for the fiscal year ending September 30, 2002, and for other purposes.
The Clerk read the title of the bill.
{time} 0215
The SPEAKER pro tempore (Mr. Simpson). Pursuant to House Resolution
431, the bill is considered read for amendment. In addition to the
amendments adopted pursuant to House Resolution 428, the amendments
adopted in the Committee of the Whole and the amendments printed in
House Report 107-486 are adopted.
The text of H.R. 4775, as amended pursuant to House Resolution 428
and House Resolution 431, is as follows:
H.R. 4775
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $2,000,000, to remain available until expended:
Provided, That the entire amount shall be available only to
the extent an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Food and Nutrition Service
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)
For an additional amount for ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'',
$75,000,000, to remain available until September 30, 2003,
which shall be placed in reserve for use in only such
amounts, and in such manner, as the Secretary determines
necessary, notwithstanding section 17(i) of the Child
Nutrition Act.
Animal and Plant Health Inspection Service
salaries and expenses
For an additional amount for ``Animal and Plant Health
Inspection Service, Salaries and Expenses'', $10,000,000, to
remain available until expended, to assist in State efforts
to prevent and control transmissible spongiform
encephalopathy, including bovine spongiform encephalopathy,
chronic wasting disease, and scrapie, in farmed and free-
ranging animals: Provided, That the entire amount shall be
available only to the extent an official budget request, that
includes
[[Page H3046]]
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Food and Drug
Administration, Salaries and Expenses'', $18,000,000, to
remain available until expended: Provided, That the entire
amount shall be available only to the extent an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of such Act.
Sec. 102. Of the funds made available for the Export
Enhancement Program, pursuant to section 301(e) of the
Agricultural Trade Act of 1978, as amended by Public Law 104-
127, not more than $28,000,000 shall be available in fiscal
year 2002.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $5,750,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Legal Activities
salaries and expenses, United States Marshals Service
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $1,000,000, to remain available until
expended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from the September 11, 2001,
terrorist attacks, $112,000,000, to remain available until
September 30, 2004; Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $102,000,000 shall be available only to the
extent that an official budget request for a specific dollar
amount that includes the designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Immigration and Naturalization Service
salaries and expenses
Enforcement and Border Affairs
For an additional amount for ``Salaries and Expenses,
Enforcement and Border Affairs'' for emergency expenses
resulting from the September 11, 2001, terrorist attacks,
$75,000,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act, or in Public
Law 107-117, for the Immigration and Naturalization Service's
Entry Exit System may be obligated until the INS submits a
plan for expenditure that (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including OMB Circular A-11,
part 3; (2) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government; (3) is reviewed by the
General Accounting Office; and (4) has been approved by the
Committees on Appropriations: Provided further, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $40,000,000 shall be available only to
the extent that an official budget request for a specific
dollar amount that includes the designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
Office of Justice Programs
justice assistance
For an additional amount for ``Justice Assistance'' for
grants, cooperative agreements, and other assistance
authorized by sections 819 and 821 of the Antiterrorism and
Effective Death Penalty Act of 1996 and section 1014 of the
USA PATRIOT Act (Public Law 107-56) and for other counter-
terrorism programs, including first responder training and
equipment to respond to acts of terrorism, including
incidents involving weapons of mass destruction or chemical
or biological weapons, $175,000,000, to remain available
until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
emergency expenses for increased security requirements,
$1,100,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President of the Congress.
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
Scientific and Technical Research and Services
For an additional amount for ``Scientific and Technical
Research and Services'' for emergency expenses resulting from
new homeland security activities and increased security
requirements, $4,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
National Oceanic and Atmospheric Administration
Fisheries Finance Program Account
Funds provided under the heading, ``Fisheries Finance
Program Account'' for the direct loan program authorized by
the Merchant Marine Act of 1936, as amended, are available to
subsidize gross obligations during fiscal year 2002 for the
principal amount of direct loans not to exceed $5,000,000 for
Individual Fishing Quota loans, and not to exceed $19,000,000
for Traditional loans.
Departmental Management
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
emergency expenses resulting from new homeland security
activities, $400,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251 (b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
THE JUDICIARY
Supreme Court of the United States
Care of the Building and Grounds
For an additional amount for ``Care of the Building and
Grounds'' for emergency expenses for the Supreme Court
building, $10,000,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
emergency expenses to enhance security and to provide for
extraordinary costs related to terrorist trials, $6,258,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $3,115,000 shall be available only to
the extent that an official budget request for a specific
dollar amount that includes the designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President of the
Congress.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
For an additional amount for ``Diplomatic and Consular
Programs'' for emergency expenses for activities related to
combating international terrorism, $51,050,000, to remain
available until September 30, 2003: Provided, That the entire
amount is designated
[[Page H3047]]
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Educational and Cultural Exchange Programs
For an additional amount for ``Educational and Cultural
Exchange Programs'' for emergency expenses for activities
related to combating international terrorism, $20,000,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $10,000,000 shall be available only to
the extent that an official budget request for a specific
dollar amount that includes the designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
Embassy Security, Construction, and Maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', for emergency expenses for
activities related to combating international terrorism,
$200,516,000, to remain available until expended: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
International Organizations and Conferences
Contributions to International Organizations
For an additional amount for ``Contributions to
International Organizations'' for emergency expenses for
activities related to combating international terrorism,
$7,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'' to make United States
peacekeeping payments to the United Nations at a time of
multilateral cooperation in the war on terrorism,
$43,000,000: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For an additional amount for ``International Broadcasting
Operations'' for emergency expenses for activities related to
combating international terrorism, $7,400,000, to remain
available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Broadcasting Capital Improvements
For an additional amount for ``Broadcasting Capital
Improvements'' for emergency expenses for activities related
to combating international terrorism, $7,700,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
RELATED AGENCIES
Securities and Exchange Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
additional staffing to respond to increased needs for
enforcement and oversight of corporate finance, $20,000,000
from fees collected in fiscal year 2002, to remain available
until expended.
In addition, for an additional amount for ``Salaries and
Expenses'' for emergency expenses resulting from the
September 11, 2001, terrorist attacks, $9,300,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent that an official budget request, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS
Sec. 201. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995, section 15 of the State Department Basic
Authorities Act of 1956, as amended, and section 504(a)(1) of
the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 202. Section 286(e)(3) of the Immigration and
Nationality Act (8 U.S.C. 1356(e)(3) is amended--
(1) by striking ``is authorized to'' and inserting
``shall''; and
(2) by striking ``authorization'' and inserting
``requirement''.
Sec. 203. (a)(1) During fiscal year 2002 and each
succeeding fiscal year, notwithstanding any provision of the
Federal Rules of Criminal Procedure to the contrary, in order
to permit victims of crimes associated with the terrorist
acts of September 11, 2001, to watch trial proceedings in the
criminal case against Zacarias Moussaoui, the trial court in
that case shall order, subject to paragraph (3) and
subsection (b), closed circuit televising of the trial
proceedings to convenient locations the trial court
determines are reasonably necessary, for viewing by those
victims.
(2)(A) As used in this section and subject to subparagraph
(B), the term ``victims of crimes associated with the
terrorist acts of September 11, 2001'' means individuals
who--
(i) suffered direct physical harm as a result of the
terrorist acts that occurred in New York, Pennsylvania and
Virginia on September 11, 2001 (hereafter in this section
``terrorist acts'') and were present at the scene of the
terrorist acts when they occurred, or immediately thereafter;
or
(ii) are the spouse, legal guardian, parent, child,
brother, or sister of, or who as determined by the court have
a relationship of similar significance to, an individual
described in subparagraph (A)(i), if the latter individual is
under 18 years of age, incompetent, incapacitated, has a
serious injury, or disability that requires assistance of
another person for mobility, or is deceased.
(B) The term defined in paragraph (A) shall not apply to an
individual who participated or conspired in one or more of
the terrorist acts.
(3) Nothing in this section shall be construed to eliminate
or limit the district court's discretion to control the
manner, circumstances, or availability of the broadcast where
necessary to control the courtroom or protect the integrity
of the trial proceedings or the safety of the trial
participants. The district court's exercise of such
discretion shall be entitled to substantial deference.
(b) Except as provided in subsection (a), the terms and
restrictions of section 235(b), (c), (d) and (e) of the
Antiterrorism and Effective Death Penalty Act of 1996 (42
U.S.C. 10608(b), (c), (d), and (e)), shall apply to the
televising of trial proceedings under this section.
Sec. 204. For purposes of section 201(a) of the Federal
Property and Administrative Services Act of 1949 (relating to
Federal sources of supply, including lodging providers,
airlines and other transportation providers), the Eisenhower
Exchange Fellowship Program shall be deemed an executive
agency for the purposes of carrying out the provisions of 20
U.S.C. 5201, and the employees of and participants in the
Eisenhower Exchange Fellowship Program shall be eligible to
have access to such sources of supply on the same basis as
employees of an executive agency have such access.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY MILITARY PERSONNEL
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $206,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $226,000,000, to remain available for obligation
until September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $119,000,000 shall be available only to the
extent that an official budget request for $119,000,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $53,750,000, to remain available for obligation until
September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $17,250,000 shall be available only to the
extent that an official budget request for $17,250,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
[[Page H3048]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $60,500,000, to remain available for obligation
until September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $19,500,000 shall be available only to the
extent that an official budget request for $19,500,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $751,975,000, to remain available for
obligation until September 30, 2003, of which $420,000,000
may be used, notwithstanding any other provision of law, for
payments to Pakistan, Jordan, and other key cooperating
nations for logistical and military support provided to
United States military operations in connection with the
Global War on Terrorism: Provided, That such payments may be
made in such amounts as the Secretary may determine, in
accordance with standard accounting practices and procedures,
in consultation with the Director of the Office of Management
and Budget and 15 days following notification to the
appropriate Congressional committees: Provided further, That
amounts for such payments shall be in addition to any other
funds that may be available for such purpose: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $12,975,000 shall be
available only to the extent that an official budget request
for $12,975,000, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
Defense Emergency Response Fund
(including transfer of funds)
For an additional amount for the ``Defense Emergency
Response Fund'', $12,693,972,000, to remain available for
obligation until September 30, 2003, of which $77,900,000
shall be available for enhancements to North American Air
Defense Command capabilities: Provided, That the Secretary of
Defense may transfer the funds provided in this paragraph
only to appropriations for military personnel; operation and
maintenance; procurement; the Defense Health Program; and
working capital funds: Provided further, That notwithstanding
the preceding proviso, $100,000,000 of the funds provided
under this heading are available for transfer to any other
appropriations accounts of the Department of Defense, for
certain classified activities, and notwithstanding any other
provision of law, such funds may be obligated to carry out
projects not otherwise authorized by law: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $1,393,972,000 shall be available only to the
extent that an official budget request for $1,393,972,000
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
PROCUREMENT
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$79,200,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $22,800,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $262,000,000, to remain available
for obligation until September 30, 2004: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$2,500,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$3,500,000, to remain available for obligation until
September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $129,500,000, to remain available for obligation
until September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That $36,500,000 shall be available only to the
extent that an official budget request for $36,500,000, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Procurement of Ammunition, Air force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $115,000,000, to remain available for obligation
until September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $735,340,000, to remain available for obligation
until September 30, 2004: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$104,425,000, to remain available for obligation until
September 30, 2004: Provided, That funds may be used to
purchase vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles, but not to exceed $175,000 per vehicle:
Provided further, That $99,500,000 is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $8,200,000, to remain available for
obligation until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $9,000,000, to remain available for
obligation until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $99,800,000, to remain available
for obligation until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That $39,000,000 shall be available only to
the extent that an official budget request for $39,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $72,000,000, to remain
available for obligation until September 30, 2003: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That
[[Page H3049]]
$20,000,000 shall be available only to the extent that an
official budget request for $20,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 301. (a) The appropriation under the heading
``Research, Development, Test and Evaluation, Navy'' in the
Department of Defense Appropriations Act, 2002 (Public Law
107-117) is amended by adding the following proviso
immediately after ``September 30, 2003'': ``: Provided, That
funds appropriated in this paragraph which are available for
the V-22 may be used to meet unique requirements of the
Special Operations Forces''. (b) The amendment made by
subsection (a) shall be effective as if enacted as part of
the Department of Defense Appropriations Act, 2002.
(including transfer of funds)
Sec. 302. During the current fiscal year, amounts in or
credited to the Defense Cooperation Account under 10 U.S.C.
2608(b) shall be available for transfer, obligation and
expenditure, consistent with the purposes for which such
amounts were contributed and accepted, by the Secretary of
Defense to such appropriations or funds of the Department of
Defense as the Secretary shall determine, to be merged with
and to be available for the same purposes and the same time
period as the appropriation or fund to which transferred:
Provided, That the Secretary shall provide written
notification to the congressional defense committees 30 days
prior to such transfer: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the Secretary of Defense
shall report to the Congress quarterly all transfers made
pursuant to this authority.
Sec. 303. During fiscal year 2002, the President may
continue to provide assistance to Russia under cooperative
threat reduction programs and under title V of the Freedom
Support Act (Public Law 102-511; 106 Stat. 3338) without
regard to the certification requirements in section 1203(d)
of the Cooperative Threat Reduction Act of 1993 (22 U.S.C.
5952 (d)) and section 502 of the Freedom Support Act (22
U.S.C. 5852) if the President submits to the Speaker of the
House of Representatives and the President pro tempore of the
Senate a certification that providing such assistance is
vital to the national security interests of the United
States.
Sec. 304. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414): Provided, That any funds
appropriated or transferred to the Central Intelligence
Agency for agent operations or covert action programs
authorized by the President under section 503 of the National
Security Act of 1947, as amended, shall remain available
until September 30, 2003.
Sec. 305. Section 8005 of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117;
115 Stat. 2247), is amended by striking ``May 1, 2002''
before the period at the end and inserting ``June 15, 2002''.
Sec. 306. (a) Funds appropriated to the Department of
Defense for fiscal year 2002 for operation and maintenance
under the heading ``Chemical Agents and Munitions
Destruction, Army'', may be used to pay for additional costs
of international inspectors from the Technical Secretariat of
the Organization for the Prohibition of Chemical Weapons,
pursuant to Articles IV and V of the Chemical Weapons
Convention, for inspections and monitoring of Department of
Defense sites and commercial sites that perform services
under contract to the Department of Defense, resulting from
the Department of Defense's program to accelerate its
chemical demilitarization schedule.
(b) Expenses which may be paid under subsection (a)
include--
(1) salary costs for performance of inspection and
monitoring duties;
(2) travel, including travel to and from the point of entry
into the United States and internal United States travel;
(3) per diem, not to exceed United Nations rates and in
compliance with United Nations conditions for per diem for
that organization; and
(4) expenses for operation and maintenance of inspection
and monitoring equipment.
Sec. 307. (a) In fiscal year 2002, funds available to the
Department of Defense for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as
the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC), and to take actions to protect
human health and welfare in emergency circumstances,
including undertaking rescue operations.
(b) The provision shall also apply to unexpired balances
and assistance previously provided from prior years' Acts
available for purposes identified in subsection (a).
(c) The authority in this section is in addition to
authorities currently available to provide assistance to
Colombia.
Sec. 308. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to
Terrorist Attacks on the United States Act, 2002 (Public Law
107-117), $93,000,000, to remain available until September
30, 2004, is hereby appropriated to the Department of Defense
for the procurement of three MH-47 Chinook helicopters, as
follows: ``Aircraft Procurement, Army'', $63,000,000; and
``Procurement, Defense-Wide'', $30,000,000: Provided, That
the entire amount made available in this section is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent that an official budget request for $93,000,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 309. In addition to amounts appropriated or otherwise
made available elsewhere in this Act for the Department of
Defense or in the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to
Terrorist Attacks on the United States Act, 2002 (Public Law
107-117), $100,000,000, to remain available until September
30, 2003, is hereby appropriated to the Department of Defense
under the heading ``Chemical Agents and Munitions
Destruction, Army'' for Research, development, test and
evaluation, for the purpose of chemical agent destruction at
Department of Defense facilities in Aberdeen, Maryland, and
Newport, Indiana: Provided, That the entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request
for $100,000,000, that includes designation of the entire
amount as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
(rescissions)
Sec. 310. Of the funds available in Department of Defense
Appropriations Acts or otherwise available to the Department
of Defense, the following funds are hereby rescinded, from
the following accounts in the specified amounts:
``Other Procurement, Air Force'', 2001/2003, $29,000,000;
and ``Procurement, Defense-Wide'', 2002/2004, $30,000,000.
Sec. 311. Section 2533a of title 10, United States Code,
shall not apply to any transaction entered into to acquire or
sustain aircraft under the authority of section 8159 of the
Department of Defense Appropriations Act, 2002 (division A of
Public Law 107-117; 115 Stat. 2284).
Sec. 312. Notwithstanding any other provision of law, not
to exceed $100,000,000, from appropriations available to the
Department of Defense from the ``Defense Emergency Response
Fund'', may be made available only to reimburse foreign
nations for the costs of goods, services, or use of
facilities provided in direct support of operations by U.S.
military forces in the global war on terrorism: Provided,
That such reimbursements shall be determined and paid in
accordance with standard accounting practices and procedures:
Provided further, That the Secretaries of Defense and State
shall jointly provide a written notification to the
Committees on Appropriations of the House of Representatives
and the Senate 15 days prior to any proposed commitment and
obligation of funds pursuant to this section, describing each
proposed use of funds and the proposed sources of funds:
Provided further, That funds proposed for obligation pursuant
to the immediately preceding proviso shall not be made
available for obligation without the prior approval of the
Committees on Appropriations.
CHAPTER 4
District of Columbia
District of Columbia Funds
Operating Expenses
Division of Expenses
Governmental Direction and Support
The paragraph under this heading in the District of
Columbia Appropriations Act, 2002 (Public Law 107-96) is
amended by striking: ``Provided further, That not less than
$353,000 shall be available to the Office of the Corporation
Counsel to support increases in the Attorney Retention
Allowance:'' and inserting: ``Provided further, That not less
than $353,000 shall be available to the Office of the
Corporation Counsel to support attorney compensation
consistent with performance measures contained in a
negotiated collective bargaining agreement:''.
Public Education System
(rescission)
Notwithstanding any other provision of law, of the local
funds appropriated under this heading for public charter
schools for the fiscal year ending September 30, 2002, in the
District of Columbia Appropriations Act,
[[Page H3050]]
2002, approved December 21, 2001 (Public Law 107-96; 115
Stat. 935), $37,000,000 are rescinded.
Human Support Services
For an additional amount for ``human support services'',
$37,000,000 from local funds: Provided, That $11,000,000
shall be for the Child and Family Services Agency and
$26,000,000 shall be for the Department of Mental Health.
Repayment of Loans and Interest
(rescission)
Of the funds appropriated under this heading in the
District of Columbia Appropriations Act, 2002 (Public Law
107-96, 115 Stat. 940), $7,950,000 are rescinded.
Certificates of Participation
For principal and interest payments on the District's
Certificates of Participation, issued to finance the One
Judiciary Square ground lease underlying the building located
at One Judiciary Square, $7,950,000 from local funds.
Administrative Provision
Section 119(b) of the District of Columbia Appropriations
Act, 2002 (Public Law 107-96; 115 Stat. 950) is amended to
read as follows:
``(b) Requirement of Chief Financial Officer Report and
Council Approval.--
``(1) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
``(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
``(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
``(2) For purposes of paragraph (1)(B), the Council shall
be deemed to have reviewed and approved the acceptance,
obligation, and expenditure of a grant if--
``(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the
receipt of the report from the Chief Financial Officer under
paragraph (1)(A); or
``(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).''.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 401. The District of Columbia may use up to 1 percent
of the funds appropriated to the District of Columbia under
the Emergency Supplemental Act, 2002, approved January 10,
2002 (Public Law 107-117; 115 Stat. 2230), to fund the
administrative costs that are needed to fulfill the purposes
of that Act. The District may use these funds for this
purpose as of January 10, 2002.
Sec. 402. Section 16(d)(2) of the Victims of Violent Crime
Compensation Act of 1996 (sec. 4-515(d)(2), D.C. Official
Code), as amended by the District of Columbia Appropriations
Act, 2002, approved December 21, 2001 (Public Law 107-96; 115
Stat. 928) is amended to read as follows: ``(2) 50 percent
of such balance shall be transferred from the Fund to the
Mayor and shall be used without fiscal year limitation for
outreach activities designed to increase the number of
crime victims who apply for such direct compensation
payments.''.
Sec. 403. (a) Notwithstanding any other provision of law,
the positive fund balance of the general fund of the District
government which remained at the end of fiscal year 2000 (as
reflected in the complete financial statement and report on
the activities of the District government for such fiscal
year under section 448(a)(4) of the District of Columbia Home
Rule Act) shall be used during fiscal year 2002 to provide
the minimum balances required for fiscal year 2002 for the
emergency reserve fund under section 450A of the District of
Columbia Home Rule Act and the contingency reserve fund under
section 450B of such Act.
(b) To the extent that the amount of the positive fund
balance described in subsection (a) exceeds the amount
required to provide the minimum balances in the reserve funds
described in such subsection, the District government shall
use the excess amount--
(1) to address potential deficits in the budget of the
District government for fiscal year 2002, subject to the same
conditions applicable under section 202(j)(3) of the District
of Columbia Financial Responsibility and Management
Assistance Act of 1995 to the obligation and expenditure of
the budget reserve and cumulative cash reserve under such
section; or
(2) if the Chief Financial Officer of the District of
Columbia certifies that the excess amount is available and is
not required to address potential deficits in the budget of
the District government for fiscal year 2002, for Pay-As-You-
Go Capital Funds.
(c) To the extent that the excess amount described in
subsection (b) is used to address potential deficits in the
budget of the District government for fiscal year 2002, such
amount shall remain available until expended.
(d)(1) The item relating to ``District of Columbia Funds--
Operating Expenses--Repayment of Loans and Interest'' in the
District of Columbia Appropriations Act, 2002 (Public Law
107-96; 115 Stat. 940) is amended by striking ``That any
funds set aside'' and all that follows through ``That for
equipment leases,'' and inserting ``That for equipment
leases,''.
(2) Section 159(c) of the District of Columbia
Appropriations Act, 2001 (Public Law 106-522; 114 Stat.
2482), as amended by section 133(c) of the District of
Columbia Appropriations Act, 2002 (Public Law 107-96; 115
Stat. 956) is amended by striking paragraph (3).
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance,
General'' for emergency expenses related to security at Corps
of Engineers facilities, $128,400,000, to remain available
until September 30, 2003: Provided, That the entire amount
shall be available only to the extent an official budget
request for $128,400,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds made available under this heading in this
Act and in Public Law 107-117 may be used to fund measures
and activities undertaken by the Secretary of the Army,
acting through the Chief of Engineers, to protect and secure
any infrastructure owned or operated by, or on behalf of, the
U.S. Army Corps of Engineers, including administrative
buildings and facilities.
DEPARTMENT OF ENERGY
Energy Programs
Science
For an additional amount for ``Science'' for emergency
expenses necessary to support safeguards and security
activities, $29,000,000: Provided, That the entire amount
shall be available only to the extent an official budget
request for $29,000,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
National Nuclear Security Administration
Weapons Activities
For an additional amount for ``Weapons Activities'' for
emergency expense resulting from the September 11, 2001,
terrorist attacks, $125,400,000: Provided, That $106,000,000
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'' for international safeguards activities,
$5,000,000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$5,000,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Environmental and Other Defense Activities
Defense Environmental Restoration and Waste Management
For an additional amount for ``Defense Environmental
Restoration and Waste Management'' for emergency expenses
necessary to support safeguards and security activities,
$67,000,000: Provided, That the entire amount shall be
available only to the extent an official budget request for
$67,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Defense Facilities Closure Projects
For an additional amount for ``Defense Facilities Closure
Projects'' for emergency expense necessary to support
safeguards and security activities, $16,600,000: Provided,
That the entire amount shall be available only to the extent
an official budget request for $16,600,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control
[[Page H3051]]
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Other Defense Activities
For an additional amount for ``Other Defense Activities''
for emergency expenses necessary to support energy security
and assurance activities, $7,000,000: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 6
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United states agency for international development
child survival and health programs fund
For an additional amount for ``Child Survival and Health
Programs Fund'' for emergency expenses for activities related
to combating AIDS, tuberculosis, and malaria, $200,000,000,
to remain available until December 30, 2002: Provided, That
funds appropriated in this Act and in prior Acts under this
heading and under the heading ``Child Survival and Disease
Programs Fund'' and made available for the Global Fund to
Fight AIDS, Tuberculosis, and Malaria shall not exceed 40
percent of the total resources pledged by all donors to the
Global Fund for calendar year 2002: Provided further, That
the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount provided
shall be available only to the extent an official budget
request that includes designation of the entire amount of the
request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
International disaster assistance
For an additional amount for ``International Disaster
Assistance'' for emergency expenses for activities related to
combating international terrorism, $190,000,000, to remain
available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount provided shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'' for
emergency expenses for activities related to combating
international terrorism, $7,000,000: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'' for
emergency expenses for activities related to combating
international terrorism, $460,000,000, to remain available
until September 30, 2003: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds appropriated under this heading, and
funds appropriated under this heading in prior Acts that are
made available for the purposes of this paragraph, may be
made available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law.
In addition, for an additional amount for ``Economic
Support Fund'', $250,000,000, to remain available until
September 30, 2003: Provided, That $200,000,000 of the funds
appropriated in this paragraph shall be made available for
assistance for Israel for activities relating to combating
international terrorism: Provided further, That $50,000,000
of the funds appropriated in this paragraph shall be
transferred to ``International Disaster Assistance'' to be
made available for humanitarian and refugee assistance for
the West Bank and Gaza: Provided further, That none of the
funds provided in the preceding proviso shall be available
for assistance for the Palestinian Authority: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount
provided shall be available only to the extent an official
budget request that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
assistance for the independent states of the former soviet union
For an additional amount for ``Assistance for the
Independent States of the Former Soviet Union'' for emergency
expenses for activities related to combating international
terrorism, $110,000,000, to remain available until September
30, 2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'' for emergency expenses for
activities related to combating international terrorism,
$120,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'' for emergency expenses for activities related to
combating international terrorism, $10,000,000, to remain
available until September 30, 2003: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount provided shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as
an emergency requirement as defined of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for emergency
expenses for activities related to combating international
terrorism, $83,000,000, to remain available until September
30, 2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'' for emergency expenses for activities related to
combating international terrorism, $366,500,000: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That funds appropriated under this
heading, and funds appropriated under this heading in prior
Acts that are made available for the purposes of this
paragraph, may be made available notwithstanding section 512
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 or any similar provision
of law: Provided further, That not to exceed $2,000,000 of
the funds appropriated in this paragraph may be obligated
for necessary expenses, including the purchase of
passenger motor vehicles for use outside of the United
States, for the general cost of administering military
assistance and sales.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations''
for emergency expenses for activities related to combating
international terrorism, $20,000,000, to remain available
until September 30, 2003: Provided, That the entire amount of
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds appropriated under this heading, and
funds appropriated under this heading in prior Acts that are
made available for the purposes of this paragraph, may be
made available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
special payments to the international financial institutions
(rescission)
The unobligated balances of funds provided in Public Law
92-301 and Public Law 93-142 for maintenance of value
payments to international financial institutions are hereby
rescinded.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 601. (a) In fiscal year 2002, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as
the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), and the
[[Page H3052]]
United Self-Defense Forces of Colombia (AUC), and to take
actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations.
(b) This provision shall also apply to unexpired balances
and assistance previously provided from prior years' Acts
available for the purposes identified in subsection (a).
(c) The authority in this section is in addition to
authorities currently available to provide assistance to
Colombia.
(rescission)
Sec. 602. Of the funds appropriated under the headings
``Development Assistance'' and ``Economic Support Fund'' in
title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (as contained in
Public Law 106-113) and in prior Acts making appropriations
for foreign operations, export financing, and related
programs, $60,000,000 are rescinded.
andean security strategy
Sec. 603. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report on the United
States policy and strategy to assist Colombia as well as to
achieve a robust security environment in the Andean region.
(b) The report required by subsection (a) shall address the
following:
(1) The key objectives of the United States assistance to
the Government of Colombia.
(2) The actions required of the United States to support
and achieve those objectives, as well as a time schedule and
cost estimates for implementing such actions.
(3) The role of the United States in the efforts of the
Government of Colombia to provide security within the
country.
(4) How the strategy regarding Colombia relates to and
affects the strategy of the United States to achieve regional
security between, and within, Andean countries, and how those
Andean countries are working with Colombia to achieve
regional security.
(5) A strategy, time schedule, and cost estimates for
providing material, technical, and logistical support to the
Government of Colombia to assist it contain and eliminate the
threat which the United Self-Defense Forces (AUC) of Colombia
poses to the national security of that country.
(6) A strategy to assist the Government of Colombia reach a
negotiated political solution to the internal conflict as
well as help it facilitate the design and implementation of a
comprehensive strategy which addresses the underlying socio-
political sources of the insurgencies and paramilitary
counter-insurgency.
(c) In this section, the term ``appropriate congressional
committees means--
(1) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
Management of Lands and Resources
For an additional amount for ``Management of Lands and
Resources'', $658,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That these funds shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
UNITED STATES FISH AND WILDLIFE SERVICE
Resource Management
For an additional amount for ``Resource Management'',
$1,443,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined by such Act, is transmitted
by the President to the Congress.
NATIONAL PARK SERVICE
Operation of the National Park System
For an additional amount for ``Operation of the National
Park System'', $1,173,000, for emergency security expenses,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That these funds shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
Construction
For an additional amount for ``Construction'', $19,300,000,
for emergency security expenses, to remain available until
expended: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That these
funds shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement
as defined by such Act, is transmitted by the President to
the Congress.
UNITED STATES GEOLOGICAL SURVEY
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $25,700,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be
available only to the extent that an official budget
request for a specific dollar amount, that includes
designation of the entire amount as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
BUREAU OF INDIAN AFFAIRS
Operation of Indian Programs
(including rescission of funds)
For an additional amount for ``Operation of Indian
Programs'', $134,000, for emergency security expenses, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That these funds shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
as an emergency requirement as defined by such Act, is
transmitted by the President to the Congress.
Of the funds provided under this heading in Public Law 107-
20 for electric power operations and related activities at
the San Carlos Irrigation Project, $5,000,000 is rescinded.
Funds provided under this heading in Public Law 107-20, for
electric power operations and related activities at the San
Carlos Irrigation Project, and remaining within the account
may be used for unanticipated trust reform projects and costs
related to the ongoing Cobell litigation or other litigation
concerning the management of Indian trust funds: Provided,
That funds made available herein may, as needed, be
transferred to or merged with any account funded in the
Interior and Related Agencies Appropriations Act to reimburse
costs incurred for these litigation activities.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$905,000, for emergency security expenses, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined by such Act, is transmitted
by the President to the Congress.
RELATED AGENCY
SMITHSONIAN INSTITUTION
salaries and expenses
For an additional amount for ``Salaries and Expenses'', of
the Smithsonian Institution, $11,000,000, for emergency
security expenses, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That these
funds shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement
as defined by such Act, is transmitted by the President to
the Congress.
Construction
For an additional amount for ``Construction'', for
emergency security expenses, $2,000,000, to remain available
until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount as an
emergency requirement as defined by such Act, is transmitted
by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 701. Within 10 days of enactment of this Act, funds
appropriated to the Forest Service under the heading
``Wildland Fire Management'' in Public Law 107-63 for the
following purposes: $5,000,000 for research activities and
$10,000,000 for capital improvement and maintenance of fire
facilities shall
[[Page H3053]]
be released and made available for immediate obligation.
These funds are not available for transfer for purposes other
than those described in this section.
Sec. 702. None of the funds appropriated in this or any
other Act, except funds appropriated to the Office of
Management and Budget, shall be available to study the
transfer of any research activities from the Smithsonian
Institution to the National Science Foundation.
Sec. 703. In fiscal year 2002 and thereafter, the Secretary
of the Interior may charge reasonable fees for services
provided at Midway Atoll National Wildlife Refuge, including
fuel sales, and retain those fees, to be credited to the
United States Fish and Wildlife Service, ``Resource
Management'' account and remain available until expended for
operation and maintenance of infrastructure and staffing
required for non-refuge specific needs, including the
purchase of fuel supplies.
Sec. 704. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements where the individuals furnished under
said agreements to provide wildfire services are considered,
for purposes of tort liability, employees of the country
receiving said services when the individuals are fighting
fires. The Secretary of Agriculture or the Secretary of the
Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or
through its fire organization) agrees to assume any and all
liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country. When an
agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while
fighting fires shall be that provided under the laws of the
host country and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a
foreign country. Neither the firefighter, the sending country
or any organization associated with the firefighter shall be
subject to any action whatsoever pertaining to or arising out
of fighting fires.
Sec. 705. Hereafter, for purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), the
Secretary of Defense may be held responsible for water
consumption that occurs on a military installation (or
outside of military installation but under the direct
authority and control of the Secretary). The Secretary of
Defense is not responsible for water consumption that occurs
outside of a military installation and is beyond the direct
authority and control of the Secretary of Defense even
through the water is derived from a watershed basin shared by
the military installation and the water consumption outside
of the installation may impact a critical habitat or
endangered species outside the installation.
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
For an additional amount for ``Training and Employment
Services'', $300,000,000, to remain available through
September 30, 2003; of which not less than $190,000,000 is
available for carrying out sections 171(d) and 173 of the
Workforce Investment Act of 1998, except that not more than
$20,000,000 may be used for carrying out section 171(d); and
of which $110,000,000, to remain available through June 30,
2002, is available for carrying out section 132(a)(2)(B) of
such Act: Provided, That notwithstanding sections
132(b)(2)(B) and 133(b)(2)(B) of such Act, such funds for
carrying out section 132(a)(2)(B) shall be allotted and
allocated in a manner that restores to the affected States
and local workforce investment areas the $110,000,000 that
was subject to rescission under Public Law 107-20: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount
shall be available only to the extent that an official budget
request for a specific dollar amount that includes
designation of the entire amount of the request as an
emergency requirement as defined in such Act, is transmitted
by the President to Congress.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
The matter preceding the first proviso under this heading
in Public Law 107-116 is amended--
(1) by inserting ``IV,'' after ``titles II, III,''; and
(2) by striking ``$311,978,000'' and inserting
``$315,333,000''.
Centers for Disease Control and Prevention
disease control, research, and training
For an additional amount for the Centers for Disease
Control and Prevention, ``Disease Control, Research, and
Training'', $1,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the
extent that an official budget request, that designates the
entire amount of the request as an emergency requirement as
defined in such Act, is transmitted by the President to the
Congress.
National Institutes of Health
Buildings and Facilities
(rescission)
Of the funds provided under this heading in Public Law 107-
116, $30,000,000 is rescinded.
Administration for Children and Families
children and families services and programs
For an additional amount for ``Children and Families
Services Programs'' for carrying out section 316 of the
Family Violence Prevention and Services Act (42 U.S.C.
10416), $500,000: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget
request, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.
DEPARTMENT OF EDUCATION
School Improvement Programs
Of the funds provided under this heading in Public Law 107-
116 to carry out the Elementary and Secondary Education Act
of 1965, $832,889,000 shall be available to carry out part D
of title V, and up to $11,500,000 may be used to carry out
section 2345.
In the statement of the managers of the committee of
conference accompanying H.R. 3061 (Public Law 107-116; H.
Rpt. 107-342), in the matter relating to the Fund for the
Improvement of Education under the heading ``School
Improvement Programs''--
(1) the provision specifying $200,000 for Fresno At-Risk
Youth Services and the provision specifying $225,000 for the
Fresno Unified School District shall be applied by
substituting the following for the two provisions: ``Fresno
Unified School District, Fresno, California, in partnership
with the City of Fresno, California, for activities to
address the problems of at-risk youth, including afterschool
activities and a mobile science unit, $425,000'';
(2) the provision specifying $50,000 for the Lewiston-
Auburn College/University of Southern Maine shall be deemed
to read as follows: ``Lewiston-Auburn College/University of
Southern Maine TEAMS program to prepare teachers to meet the
demands of Maine's 21st century elementary and middle
schools, $50,000'';
(3) the provision specifying $250,000 for the Wellington
Public School District, Wellington, KS, shall be deemed to
read as follows: ``Wellington Public School District,
Wellington, KS, for after school activities, $250,000'';
(4) the provision specifying $200,000 for the Vermont
Higher Education Council shall be deemed to read as follows:
``Vermont Higher Education Consortium to develop universal
early learning programs to ensure that at least one certified
teacher will be available in center-based child care
programs, $200,000'';
(5) the provision specifying $250,000 for Education Service
District 117 in Wenatchee, WA, shall be deemed to read as
follows: ``Education Service District 171 in Wenatchee, WA to
equip a community technology center to expand technology-
based training, $250,000'';
(6) the provision specifying $1,000,000 for the Electronic
Data Systems Project shall be deemed to read as follows:
``Washington State Department of Education for an electronic
data systems project to create a database that would improve
the acquisition, analysis and sharing of student information,
$1,000,000'';
(7) the provision specifying $250,000 for the YMCA of
Seattle-King-Snohomish County shall be deemed to read as
follows: ``YWCA of Seattle-King County-Snohomish County to
support women and families through an at-risk youth center
and other family supports, $250,000'';
(8) the provision specifying $50,000 for Drug Free
Pennsylvania shall be deemed to read as follows: ``Drug Free
Pennsylvania to implement a demonstration project, $50,000'';
(9) the provision specifying $20,000,000 for the
Commonwealth of Pennsylvania Department of Education shall be
deemed to read as follows: ``$20,000,000 is included for a
grant to the Commonwealth of Pennsylvania Department of
Education to provide assistance, through subgrants, to low-
performing school districts that are slated for potential
takeover and/or on the Education Empowerment List as
prescribed by Pennsylvania State Law. The initiative is
intended to improve the management and operations of the
school districts; assist with curriculum development; provide
after-school, summer, and weekend programs; offer teacher and
principal professional development; and promote the
acquisition and effective use of instructional technology and
equipment.'';
(10) the provision specifying $1,000,000 for State of
Louisiana for Louisiana Online shall be deemed to read as
follows: ``Online Louisiana, Inc., New Orleans, LA, for a K-
12 technology initiative, $1,000,000'';
(11) the provision specifying $150,000 for the American
Theater Arts for Youth, Inc., Philadelphia, PA, for a
Mississippi Arts in Education Program shall be deemed to read
[[Page H3054]]
as follows: ``American Theater Arts for Youth, Inc., for a
Mississippi Arts in Education program, $150,000''; and
(12) the provision specifying $25,000 for the American
Theater Arts for Youth for an Arts in Education program shall
be deemed to read as follows: ``American Theater Arts for
Youth, Inc., in Philadelphia, Pennsylvania for an Arts in
Education Program, $25,000''.
Student Financial Assistance
For an additional amount for ``Student Financial
Assistance'' for Pell Grants, $1,000,000,000, to remain
available through September 30, 2003.
Higher Education
In the statement of the managers of the committee of
conference accompanying H.R. 3061 (Public Law 107-116; H.
Rept. 107-342), in the matter relating to the Fund for the
Improvement of Postsecondary Education under the heading
``Higher Education''--
(1) the provision for Nicholls State University, Thibodaux,
LA shall be applied by substituting ``Intergenerational'' for
``International''; and
(2) the provision specifying $1,000,000 for Cleveland State
University shall be deemed to read as follows: ``Cleveland
State University, College of Education, Cleveland, Ohio, for
a K-16 Urban School Leadership initiative, $1,000,000''.
CHAPTER 9
LEGISLATIVE BRANCH
House of Representatives
salaries and expenses
For an additional amount for salaries and expenses of the
House of Representatives, $1,600,000, as follows:
Committee Employees
Standing Committees, Special and Select
For an additional amount for salaries and expenses of
standing committees, special and select, authorized by House
resolutions, $1,600,000: Provided, That such amount shall
remain available for such salaries and expenses until
December 31, 2002.
Library of Congress
Copyright Office
salaries and expenses
For an additional amount for necessary expenses of the
Copyright Office, $7,500,000: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Joint Items
Capitol Police Board
Capitol Police
general expenses
For an additional amount for the Capitol Police Board for
necessary expenses of the Capitol Police, including computer
equipment and services, training, communications, uniforms,
weapons, and reimbursement to the Environmental Protection
Agency, Hazardous Substance Superfund for additional expenses
incurred for anthrax investigations and cleanup actions,
$16,100,000, to be disbursed by the Capitol Police Board or
their delegee: Provided, That this amount shall be available
only to the extent that an official budget request, that
includes designation of the amount as an emergency
requirement, as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President
to Congress: Provided further, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Administrative Provisions
Sec. 901. (a) There is hereby established in the Treasury
of the United States an account for the Architect of the
Capitol to be known as ``capitol police buildings''
(hereinafter in this section referred to as the ``account'').
(b) Funds in the account shall be used by the Architect of
the Capitol for all necessary expenses for the maintenance,
care, and operation of buildings of the United States Capitol
Police.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year. Any amounts provided to
the Architect of the Capitol prior to the date of the
enactment of this Act for the maintenance, care, and
operation of buildings of the United States Capitol Police
during fiscal year 2002 shall be transferred to the account.
Sec. 902. (a) Subject to the approval of the House Office
Building Commission and the Senate Committee on Rules and
Administration, the Architect of the Capitol is authorized to
acquire (through purchase, lease, transfer from another
Federal entity, or otherwise) real property, subject to the
availability of appropriations, for the use of the United
States Capitol Police.
(b) Any real property acquired by the Architect of the
Capitol pursuant to subsection (a) shall be a part of the
United States Capitol Grounds and shall be subject to the
provisions of the Act entitled ``An Act to define the area of
the United States Capitol Grounds, to regulate the use
thereof, and for other purposes'', approved July 31, 1946.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 903. (a) Chapter 9 of the Emergency Supplemental Act,
2002 (Public Law 107-117; 115 Stat. 2315), is amended--
(1) in section 903 (a), by striking ``buildings and
facilities'' and insert ``buildings and facilities, subject
to the availability of appropriations,''.
(b) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a),
is amended by redesignating the subsection (b) added by
section 903(c)(2) of the Emergency Supplemental Act, 2002, as
subsection (c).
(c) The amendment made by this section shall take effect as
if included in the enactment of the Emergency Supplemental
Act, 2002.
Sec. 904. Nothing in section 1535 of title 31, United
States Code (commonly referred to as the ``Economy Act''), or
any other provision of such title may be construed to prevent
or restrict the Chief Administrative Officer of the House of
Representatives from placing orders under such section during
any fiscal year in the same manner and to the same extent as
the head of any other major organizational unit with an
agency may place orders under such section during a fiscal
year.
Sec. 905. (a) In General.--Section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), as enacted
by reference in section 1(a)(2) of the Consolidated
Appropriations Act, 2001, is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Russian Exchange Program for American Leadership.--
``(1) In general.--In addition to the program established
under subsection (b), the Center shall establish a program to
carry out activities (including the awarding of grants) to
enable emerging political leaders of the Federal Government
and State and local governments to visit the Russian
Federation to study the operation of political institutions,
business organizations, and nongovernmental organizations of
the Russian Federation.
``(2) Administration.--The provisions of paragraphs (3) and
(4) of subsection (b) shall apply with respect to the program
under this subsection in the same manner as such provisions
apply to the program under subsection (b).''.
(b) Conforming Amendments.--Section 313 of such Act (2
U.S.C. 1151) is amended--
(1) in subsection (b)(1), by striking the period at the end
and inserting the following: ``, and to establish and
administer the program described in subsection (c).''.; and
(2) in subsection (i)(2) (as redesignated by subsection
(a)(1)), by striking ``Subsection (g)'' and inserting
``Subsection (h)''.
(c) Effective Date.--The amendments made by this section
shall take effect October 1, 2001.
Sec. 906. (a) The Librarian of Congress and the Director of
the Congressional Research Service shall take such steps as
may be necessary to ensure that all materials of the
Congressional Research Service which are provided and
available to Members of Congress and officers and employees
of the House of Representatives and Senate at the United
States Capitol and Congressional office buildings (including
materials provided through electronic means) may be provided
and available to such individuals in the same manner and to
the same extent at all other locations where such individuals
carry out their official duties.
(b) This section shall apply to materials of the
Congressional Research Service which are provided and
available at any time after the date of the enactment of this
Act.
Sec. 907. (a) The Architect of the Capitol is authorized,
subject to the availability of appropriations, to acquire
(through purchase, lease, or otherwise) buildings and
facilities for use as computer backup facilities (and related
uses) for offices in the legislative branch.
(b) The acquisition of a building or facility under
subsection (a) shall be subject to the approval of--
(1) the House Office Building Commission, in the case of a
building or facility acquired for the use of an office of the
House of Representatives;
(2) the Committee on Rules and Administration of the
Senate, in the case of a building or facility acquired for
the use of an office of the Senate; or
(3) the House Office Building Commission in the case of a
building or facility acquired for the use of any other office
in the legislative branch as part of a joint facility with
(1) above, or the Committee on Rules and Administration of
the Senate, in the case of a building or facility acquired
for the use of any other office in the legislative branch as
part of a joint facility with (2) above.
(c) Any building or facility acquired by the Architect of
the Capitol pursuant to subsection (a) shall be a part of the
United States Capitol Grounds and shall be subject to the
provisions of the Act entitled ``An Act to define the area of
the United States Capitol Grounds, to regulate the use
thereof, and for other purposes'', approved July 31, 1946.
(d) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $8,505,000, to remain available until September 30,
2006: Provided, That the entire amount is designated
[[Page H3055]]
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent
an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law.
Military Construction, Defense-wide
(including transfer of funds)
For an additional amount for ``Military Construction,
Defense-wide'', $21,500,000, to remain available until
September 30, 2006: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to
the extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Transportation Administrative Service Center
Under this heading in Public Law 107-87, as amended by
section 1106 of Public Law 107-117, delete ``$116,023,000''
and insert ``$128,123,000''.
TRANSPORTATION SECURITY ADMINISTRATION
For additional amounts for emergency expenses arising to
implement the Federal takeover of airport security,
$3,850,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That of
the total amount provided herein, the following amounts are
available for obligation only for the specific purposes
below:
(1) Physical modification of commercial service airports
for the purpose of installing checked baggage explosive
detection systems, including explosive trace detection
systems, $850,000,000;
(2) Procurement of explosive detection systems, including
explosive trace detection systems, for checked baggage
screening, $630,000,000;
(3) Reimbursement of air carriers for installation of
intrusion-resistant cockpit doors, $25,000,000;
(4) Competitive grants to critical national seaports to
finance the costs of enhancing facility and operational
security, $75,000,000;
(5) Reimbursement to airports for State and local law
enforcement officers, $75,000,000;
(6) Procurement of air-ground communications systems and
devices for the Federal air marshal program, $20,000,000;
(7) Additional funding for the Department of Transportation
Crisis Management Center, to improve transportation emergency
response coordination, $2,100,000; and
(8) Replacement of magnetometers at airport passenger
screening locations in commercial service airports,
$20,000,000:
Provided further, That none of the funds in this Act shall be
used to recruit or hire personnel into the Transportation
Security Administration which would cause the agency to
exceed a staffing level of 45,000 full-time permanent
positions: Provided further, That of such amount,
$1,545,000,000 shall be available only to the extent an
official budget request for a specific dollar amount that
includes designation of the entire amount of the request as
an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
U.S. COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'' for
emergency expenses for homeland security and other purposes,
$210,000,000, to remain available until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That of
such amount, $21,000,000 shall be available only to the
extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
Acquisition, Construction, and Improvements
For an additional amount for ``Acquisition, Construction,
and Improvements'' for emergency expenses for homeland
security and other purposes, $78,000,000: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of such amount, $12,000,000 shall be
available only to the extent an official budget request for a
specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as
defined in such Act is transmitted by the President to the
Congress.
FEDERAL AVIATION ADMINISTRATION
Operations
(transfer of funds)
For an additional amount for ``Operations,'' up to
$25,000,000, to remain available until September 30, 2002,
for security activities at Federal Aviation Administration
facilities, to be derived by transfer from ``Facilities and
Equipment (Airport and Airway Trust Fund)''.
Grants-in-Aid for Airports
For emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, notwithstanding
any other provision of law, for ``Grants-in-aid for
airports'', to enable the Federal Aviation Administrator to
compensate airports for a portion of the direct costs
associated with new, additional or revised security
requirements imposed on airport operators by the
Administrator on or after September 11, 2001, $200,000,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only to
the extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
Emergency Relief Program
(highway trust fund)
For an additional amount for the ``Emergency Relief
Program'', as authorized by 23 U.S.C. 125, for emergency
expenses to respond to natural disasters or catastrophic
failures from external causes, $167,000,000, to be derived
from the Highway Trust Fund and to remain available until
expended, for the State of New York to respond to the
September 11, 2001, terrorist attacks on New York City:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That
notwithstanding 23 U.S.C. 120(e), the Federal share for any
project on a Federal-aid highway related to the New York City
terrorist attacks shall be 100 percent: Provided further,
That notwithstanding 23 U.S.C. 125(d)(1), the Secretary of
Transportation may obligate more than $100,000,000 for
those projects.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Border Enforcement Program
(highway trust fund)
For necessary expenses of the Border Enforcement Program to
respond to the September 11, 2001, terrorist attacks on the
United States, $19,300,000, to be derived from the Highway
Trust Fund, of which $4,200,000 shall be to implement section
1012 of Public Law 107-56 (USA Patriot Act); $10,000,000
shall be for drivers' license fraud detection and prevention,
the northern border safety and security study, and hazardous
material security education and outreach; and $5,100,000
shall be for the purposes of coordinating drivers' license
registration and social security number verification:
Provided, That in connection with such commercial drivers'
license fraud deterrence projects, the Secretary may enter
into such contracts or grants with the American Association
of Motor Vehicle Administrators, States, or other persons as
the Secretary may so designate to carry out these purposes:
Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Hazardous Materials Security
(highway trust fund)
For necessary expenses to implement the hazardous materials
safety permit program pursuant to 49 U.S.C. 5109, $5,000,000,
to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That the entire amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only to the
extent an official budget request for a specific dollar
amount that includes designation of the entire amount of the
request as an emergency requirement as defined in such Act is
transmitted by the President to the Congress.
FEDERAL TRANSIT ADMINISTRATION
Capital Investment Grants
For an additional amount for ``Capital Investment Grants''
for emergency expenses to
[[Page H3056]]
respond to the September 11, 2001, terrorist attacks in New
York City, $1,800,000,000, to remain available until expended
to replace, rebuild, or enhance the public transportation
systems serving the Borough of Manhattan, New York City, New
York: Provided, That the Secretary may use up to one percent
of this amount for oversight activities: Provided further,
That these funds are subject to grant requirements as
determined by the Secretary to ensure that eligible projects
will improve substantially the mobility of commuters in Lower
Manhattan: Provided further, That the Federal share for any
project funded from this amount shall be 100 percent:
Provided further, That these funds are in addition to any
other appropriation available for these purposes: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1101. Notwithstanding any other provision of law,
projects and activities designated on pages 82 through 92 of
House Report 107-308 shall be eligible for fiscal year 2002
funds made available for the program for which each project
or activity is so designated.
Sec. 1102. Section 335 of Public Law 107-87 is hereby
amended by inserting ``or the Transportation Security
Administration'' after ``the Federal Aviation
Administration'' and by inserting ``, aviation security''
after ``air navigation''.
Sec. 1103. After the date of enactment of this Act, no
further Federal credit instruments may be issued pursuant to
section 101(a)(1) of the Air Transportation Safety and System
Stabilization Act in fiscal year 2002.
CHAPTER 12
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
expenses of expanded law enforcement training workload
resulting from the September 11, 2001 terrorist attacks
against the United States, $15,870,000, to remain available
until September 30, 2003: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
such amount shall be available only to the extent that an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, is transmitted by the President to the Congress.
United States Secret Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
expenses of expanded protective and investigative workload
following the September 11, 2001 terrorist attacks against
the United States, $46,750,000, to remain available until
September 30, 2003, Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.
Postal Service
payment to the postal service fund
For an additional amount for ``Payment to the Postal
Service'' for emergency expenses to enable the Postal Service
to protect postal employees and postal customers from
exposure to biohazardous material and to sanitize and screen
the mail, $87,000,000, to remain available until expended:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Executive Office of the President and Funds Appropriated to the
President
Office of Management and Budget
salaries and expenses
(rescission)
Of the funds made available under this heading in Public
Law 107-67, $750,000 are rescinded.
election administration reform and related expenses
(including transfer of funds)
For necessary expenses for the implementation of election
administration reform, and related expenses, $450,000,000, to
remain available until expended: Provided, That such amount
shall not be available for obligation until the enactment of
legislation that establishes programs for improving the
administration of elections: Provided further, That, upon the
enactment of such legislation, the Director of the Office of
Management and Budget shall transfer the specific amounts
authorized, for the purposes designated, to the Federal
entities specified by such legislation, and according to the
provisions established in H.R. 3295, as passed by the House
of Representatives on December 12, 2001: Provided further,
That, within 15 days of such transfers, the Director of the
Office of Management and Budget shall notify the Congress of
the amounts transferred to each authorized Federal entity:
Provided further, That the entities to which the amounts are
transferred shall use the amounts to carry out the applicable
provisions of such legislation: Provided further, That the
transfer authority provided in this paragraph shall be in
addition to any other transfer authority provided in this or
any other Act.
Independent Agencies
Federal Election Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses,''
$750,000 for unanticipated costs associated with implementing
the Bipartisan Campaign Reform Act.
General Services Administration
Real Property Activities
federal buildings fund
For an additional amount for ``Federal Buildings Fund'' for
building security emergency expenses resulting from the
September 11, 2001 terrorist attacks on the United States,
$51,800,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1201. (a) Rescission.--Of the unobligated balance as
of June 30, 2002, of the funds made available for ``Financial
Management Service, Salaries and Expenses'' in chapter 10 of
title II of Public Law 107-20, $14,000,000 is rescinded.
(b) Effective Date.--Subsection (a) shall be effective June
30, 2002.
(c) Supplemental Appropriation.--For an additional amount
for ``Internal Revenue Service, Business Systems
Modernization'', there is appropriated the amount rescinded
pursuant to subsection (a), to remain available until
September 30, 2003. Such additional amount may not be
obligated until the Internal Revenue Service submits to the
Committees on Appropriations, and such Committees approve, a
plan for the expenditure of such additional amount that
complies with the requirements as specified in clauses (1)
through (6) under such heading in Public Law 107-67.
Sec. 1202. None of the funds appropriated in this or any
other Act may be used to transfer the functions, missions, or
activities of the United States Customs Service to the
Department of Justice.
Sec. 1203. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than 5 years after the
date of the enactment of this Act, appoint and maintain a
cadre of up to 250 Federal annuitants--(1) without regard to
any provision of title 5, United States Code, which might
otherwise require the application of competitive hiring
procedures; and (2) who shall not be subject to any reduction
in pay (for annuity allocable to the period of actual
employment) under the provisions of section 8344 or 8468 of
such title 5 or similar provision of any other retirement
system for employees. A reemployed Federal annuitant as to
whom a waiver of reduction under paragraph (2) applies shall
not, for any period during which such waiver is in effect, be
considered an employee for purposes of subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, or
such other retirement system (referred to in paragraph (2))
as may apply.
(b) No appointment under this section may be made which
would result in the displacement of any employee.
(c) For purposes of this section--
(1) the term ``Federal annuitant'' means an employee who
has retired under the Civil Service Retirement System, the
Federal Employees' Retirement System, or any other retirement
system for employees;
(2) the term ``employee'' has the meaning given such term
by section 2105 of such title 5; and
(3) the counting of Federal annuitants shall be done on a
full time equivalent basis.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical care
For an additional amount for ``Medical care'',
$417,000,000: Provided, That the funds provided herein be
allocated using the VERA methodology: Provided further, That
for the purposes of enabling the collection from third-party
insurance carriers for non-service related medical care of
veterans, all Department of Veterans Affairs healthcare
facilities are hereby certified as Medicare and Medicaid
providers and the Centers for Medicare and Medicaid Services
within the Department of Health and Human Services shall
issue each Department of Veterans Affairs healthcare facility
a provider number as soon as practicable after the date of
enactment of this Act: Provided further, That nothing in the
preceding proviso shall be construed to enable the Department
of Veterans Affairs to bill Medicare or Medicaid for any
medical services provided by the Veterans Health
Administration or to require the Centers for Medicare and
Medicaid Services to pay for any medical services provided by
the Department of Veterans Affairs.
[[Page H3057]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(rescission)
Of the unobligated balances remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading or the heading ``Annual
contributions for assisted housing'' or any other heading for
fiscal year 2002 and prior years, $300,000,000 is hereby
rescinded: Provided, That any such balances governed by
reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated
shall not be available for this rescission.
Community Planning and Development
community development fund
For an additional amount for the ``Community Development
Fund'' for emergency expenses to respond to the September 11,
2001, terrorist attacks on the United States, $750,000,000,
to remain available until expended: Provided, That the State
of New York, in cooperation with the City of New York, shall,
through the Lower Manhattan Development Corporation,
distribute these funds: Provided further, That such funds may
be used for assistance for properties and businesses
(including the restoration of utility infrastructure) damaged
by, and for economic revitalization directly related to, the
terrorist attacks on the United States that occurred on
September 11, 2001, in New York City and for reimbursement to
the State and City of New York for expenditures incurred from
the regular Community Development Block Grant formula
allocation used to achieve these same purposes: Provided
further, That the State of New York is authorized to provide
such assistance to the City of New York: Provided further,
That in administering these funds and funds under section 108
of such Act used for economic revitalization activities in
New York City, the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient
of thee funds or guarantees (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding that such waiver is required to
facilitate the use of such funds or guarantees: Provided
further, That such funds shall not adversely affect the
amount of any formula assistance received by the State of New
York, New York City, or any categorical application for other
Federal assistance: Provided further, That the Secretary
shall publish in the Federal Register any waiver of any
statute or regulation that the Secretary administers pursuant
to title I of the Housing and Community Development Act of
1974, as amended, no later than five days before the
effective date of such waiver: Provided further, That the
Secretary shall notify the Committees on Appropriations on
the proposed allocation of any funds and any related waivers
pursuant to this section no later than five days before such
allocation: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 106-
377 is deemed to be amended by striking ``$2,000,000 is for
the Louisville Community Development Bank for the Louisville
Neighborhood Initiative'' and inserting ``$2,000,000 for
neighborhood revitalization activities in Louisville,
Kentucky, as follows: $170,000 to the Christian Church Homes
of Kentucky for facility upgrades at Chapel House, $500,000
to the Louisville Medical Center Development Corporation for
expansion of a research park, $400,000 to the Louisville
Science Center for construction of a permanent exhibition,
$150,000 to the New Zion Community Development Foundation for
renovation of a facility, $400,000 to the Presbyterian
Community Center for construction of a facility, $180,000 to
the St. Stephen Family Life Center for renovation of a
facility, and $200,000 to the United Crescent Hill Ministries
for renovation of a facility''.
The referenced statement of the managers under the heading
``Community development fund'' in title II of Public Law 107-
73 is deemed to be amended by striking ``$3,000,000 for the
Louisville Community Development Bank for continuation of the
Louisville Neighborhood Initiative'' and inserting
``$3,000,000 for neighborhood revitalization activities in
Louisville, Kentucky, as follows: $250,000 to the Bridgehaven
Mental Health Agency for planning and development of a
facility, $600,000 to the Cable Life Community Enrichment
Corporation for construction of a facility, $350,000 to
Catholic Charities for renovation of a facility, $500,000 to
the Center for Women and Families for an affordable housing
program, $100,000 to the Clifton Cultural Center for
renovation of a historic building, $200,000 to Harrods Creek
Community Development for construction of a facility,
$200,000 to the James Taylor Memorial Home for facility
improvements, $600,000 to the Kentucky Art and Craft
Foundation for renovation of a facility, and $200,000 to the
Shelby Park Neighborhood Association for facility
construction''.
Housing Programs
rental housing assistance
(rescission)
The limitation otherwise applicable to the maximum payments
that may be required in any fiscal year by all contracts
entered into under section 236 of the National Housing Act
(12 U.S.C. 1715z-1) is reduced in fiscal year 2002 by not
more than $300,000,000 in uncommitted balances of
authorizations of contract authority provided for this
purpose in appropriations acts: Provided, That up to
$300,000,000 of recaptured section 236 budget authority
resulting from the prepayment of mortgages subsidized under
section 236 of the National Housing Act (12 U.S.C. 1715z-1)
shall be rescinded in fiscal year 2002.
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute of Environmental Health Sciences
For an additional amount for ``National Institute of
Environmental Health Sciences,'' $8,000,000, to carry out
activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 in response to the
September 11, 2001, terrorist attacks on the United States:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Agency for Toxic Substances and Disease Registry
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$11,300,000, of which $1,800,000 is for additional expenses
incurred in response to the September 11, 2001, terrorist
attacks on the United States, and of which $9,500,000 is to
enhance the States' capacity to respond to chemical terrorism
events: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balance Budget and Emergency Deficit
Control Act of 1985, as amended.
Environmental Protection Agency
State and Tribal Assistance Grants
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking
everything after ``$1,000,000'' in reference to item number
91 and inserting ``for Carrolton Utilities ($500,000), City
of Williamston ($100,000) and Pendleton County Industrial
Authority ($400,000)''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended by striking
everything after ``for'' in reference to item number 202 and
inserting ``storm water infrastructure improvements''.
Grants appropriated under this heading in Public Law 107-73
for drinking water infrastructure needs in the New York City
watershed shall be awarded under section 1443(d) of the Safe
Drinking Water Act, as amended.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking
everything after ``$2,000,000'' in reference to item number
168 and inserting ``for the Town of Wallace, North Carolina
for a regional wastewater infrastructure improvement project
($1,000,000), and for the Town of Cary, North Carolina for
wastewater infrastructure improvements including the
treatment of biosolids ($1,000,000).''.
The referenced statement of managers under this heading in
Public Law 107-73 is deemed to be amended in item 19 by
inserting the words ``water and'' after the word ``for''.
Federal Emergency Management Agency
Disaster Relief
For an additional amount for ``Disaster relief'' for
necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), and the Federal Fire Prevention and Control Act of
1974, as amended (15 U.S.C. 2201 et seq.), $2,750,000,000 to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That notwithstanding any other provision of
law, the Texas Medical Center may be provided FEMA Public
Assistance and Hazard Mitigation grants as an agent for
eligible applicants.
disaster assistance for unmet needs
For an additional amount for ``Disaster assistance for
unmet needs'', $23,320,000, to remain available until
September 30, 2004, for use by the Director of the Federal
Emergency Management Agency (Director) only for disaster
relief, long-term recovery, and mitigation in communities
affected by Presidentially-declared natural disasters
designated during fiscal year 2002, only to the extent funds
are not made available for those activities by the Federal
Emergency Management Agency (under its ``Disaster relief''
program) or the Small Business Administration; Provided, That
in administering these funds the Director shall allocate
these funds to States to be administered by each State in
conjunction with its Federal Emergency Management Agency
Disaster Relief program: Provided further, That each State
shall
[[Page H3058]]
provide not less than 25 percent in non-Federal public
matching funds or its equivalent value (other than
administrative costs) for any funds allocated to the State
under this heading: Provided further, That the Director shall
allocate these funds based on the unmet needs arising from a
Presidentially-declared disaster as identified by the
Director as those which have not or will not be addressed by
other Federal disaster assistance programs and for which it
is deemed appropriate to supplement the efforts and available
resources of States, local governments and disaster relief
organizations: Provided further, That the Director shall
establish review groups within the Federal Emergency
Management Agency to review each request by a State of its
unmet needs and certify as to the actual costs associated
with the unmet needs as well as the commitment and ability of
each State to provide its match requirement: Provided
further, That the Director shall publish a notice in the
Federal Register governing the allocation and use of the
funds under this heading, including provisions for ensuring
the compliance of the States with the requirements of this
program: Provided further, That 10 days prior to distribution
of funds, the Director shall submit a list to the House and
Senate Committees on Appropriations setting forth the
proposed uses of funds and the most recent estimates of unmet
needs: Provided further, That the Director shall submit
quarterly reports to said Committees regarding the actual
projects and needs for which funds have been provided under
this heading: Provided further, That to the extent any funds
under this heading are used in a manner inconsistent with the
requirements of the program established under this heading
and rules issued pursuant thereto, the Director shall
recapture an equivalent amount of funds from the State from
any existing funds or future funds awarded to the State under
this heading or any other program administered by the Federal
Emergency Management Agency: Provided further, That the
entire amount shall be available only to the extent an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined by the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Emergency Management Planning and Assistance
For an additional amount for ``Emergency management
planning and assistance'' for emergency expenses to respond
to the September 11, 2001 terrorist attacks on the United
States, $151,700,000 to remain available until September 30,
2002: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Notwithstanding the first paragraph of the item
in title II of Public Law 107-73 relating to ``Federal
housing administration, Mutual mortgage insurance program
account'', during fiscal year 2002, commitments to guarantee
loans to carry out the purposes of section 203(b) of the
National Housing Act shall not exceed a loan principal of
$165,000,000,000.
Sec. 1302. Notwithstanding the first paragraph of the item
in title II of Public Law 107-73 related to ``Federal housing
administration, General and special risk program account'',
any amounts made available for fiscal year 2002 for the cost
of guaranteed loans, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications (as that
term is defined in section 502 of the Congressional Budget
Act of 1974), shall be available to subsidize total loan
principal, any part of which is to be guaranteed, of up to
$23,000,000,000.
CHAPTER 14
GENERAL PROVISIONS
Sec. 1401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1402. Notwithstanding any other provision of law, all
adjustments made pursuant to section 251(b)(1)(B) of the
Balanced Budget and Emergency Deficit and Control Act of 1985
to the highway category and to section 8103(a)(5) of the
Transportation Equity Act for the 21st Century for fiscal
year 2003 shall be deemed to be zero. This section shall
apply immediately to all reports issued pursuant to section
254 of the Balanced Budget and Emergency Deficit Control Act
of 1985 for fiscal year 2003, including the discretionary
sequester preview report.
Sec. 1403. Section 3101 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(d) The United States Government shall take all steps
necessary to guarantee the full faith and credit of the
Government.''.
SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF
REIMBURSEMENT UNDER THE MEDICARE PROGRAM.
(a) Reclassification of Certain Pennsylvania Counties.--
(1) In general.--Notwithstanding any other provision of
law, effective for discharges occurring during fiscal year
2003, for purposes of making payments under subsections (d)
and (j) of section 1886 of the Social Security Act (42 U.S.C.
1395ww) to hospitals (including rehabilitation hospitals and
rehabilitation units under such subsection (j))--
(A) in Lackawanna, Luzerne, Wyoming, Lyncoming, and
Columbia Counties, Pennsylvania, such counties are deemed to
be located in the Newburgh, New York-PA Metropolitan
Statistical Area; and
(B) in Mercer County, Pennsylvania, such county is deemed
to be located in Youngston-Warren, Ohio Metropolitan
Statistical Area.
(2) Rules.--The reclassifications made under paragraph (1)
with respect to a subsection (d) hospital shall be treated as
a decision of the Medicare Geographic Classification Review
Board under paragraph (10) of section 1886(d) of the Social
Security Act (42 U.S.C. 1395ww(d)).
(b) Large Urban Area of New York.--Notwithstanding any
other provision of law, effective for discharges occurring on
or after October 1, 2002, and before October 1, 2005, for
purposes of making payments under section 1886(d) of the
Social Security Act (42 U.S.C. 1395ww(d)) the large urban
area of New York, New York is deemed to include Orange
County, New York, and Dutchess County, New York.
SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.
Section 213(b)(2)(A) of the Caribbean Basin Economic
Recovery Act (title II of Public Law 98-67; 19 U.S.C.
2703(b)(2)(A)) is amended--
(1) in clause (i), by adding at the end the following:
``Apparel articles shall qualify under the preceding sentence
only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
knit fabrics, is carried out in the United States. Apparel
articles shall qualify under the first sentence of this
clause only if all dyeing, printing, and finishing of the
fabrics from which the articles are assembled, if the fabrics
are woven fabrics, is carried out in the United States.'';
and
(2) in clause (ii), by adding at the end the following:
``Apparel articles shall qualify under the preceding sentence
only if all dyeing, printing, and finishing of the fabrics
from which the articles are assembled, if the fabrics are
knit fabrics, is carried out in the United States. apparel
articles shall qualify under the first sentence of this
clause only if all dyeing, printing, and finishing of the
fabrics from which the articles are assembled, if the fabrics
are woven fabrics, is carried out in the United States.''.
(b) Andean Trade Preference Act.--Any duty-free or other
preferential treatment provided under the Andean Trade
Preference Act to apparel articles assembled from fabric
formed in the United States shall apply to such articles only
if all dyeing, printing, and finishing of the fabrics from
which the articles are assembled if the fabrics are knit
fabrics, is carried out in the United States. Any duty-free
or other preferential treatment provided under the Andean
Trade Preference Act to apparel articles assembled from
fabric formed in the United States shall apply to such
articles only if all dyeing, printing, and finishing of the
fabrics from which the articles are assembled, if the fabrics
are woven fabrics, is carried out in the United States.
(c) Effective Date.--Subsection (b) and the amendments made
by subsection (a) shall take effect--
(1) 90 days after the date of the enactment of this Act, or
(2) September 1, 2002,
whichever occurs first.
SEC. 1406
Congress shall take all steps necessary to ensure that
section 5402 of Title 39, United States Code is amended to
allow the United States Postal Service to tender non-priority
bypass mail to mainline carriers who carry mainline non-
priority bypass mail.
Congress shall take all steps necessary to ensure that
section 5402 of Title 39, United States Code is further
amended to allow the United States Postal Service to tender
non-priority bypass mail to bush carriers, on a route not
served by a mainline carriers or between two bush points,
Carriers are encouraged to upgrade their operating
certificates and increase passenger service. Carriers who
make these changes may be tendered a greater percentage of
non-priority bypass mail.
Congress shall take all steps necessary to ensure that The
Secretary of the Department of Transportation sets non-
priority bypass mail rate as is deemed necessary to continue
the bypass mail service.
The requirements of these provisions will only be in effect
in the State of Alaska.
TITLE II--AMERICAN SERVICE- MEMBERS' PROTECTION ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ``American Servicemembers'
Protection Act of 2002''.
SEC. 2002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an
International Criminal Court, meeting in Rome, Italy, adopted
the ``Rome Statute of the International Criminal Court''. The
vote on whether to proceed with the statute was 120 in favor
to 7 against, with 21 countries abstaining. The United States
voted against final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed the Rome
Statute and 30 had ratified
[[Page H3059]]
it. Pursuant to Article 126 of the Rome Statute, the statute
will enter into force on the first day of the month after the
60th day following the date on which the 60th country
deposits an instrument ratifying the statute.
(3) Since adoption of the Rome Statute, a Preparatory
Commission for the International Criminal Court has met
regularly to draft documents to implement the Rome Statute,
including Rules of Procedure and Evidence, Elements of
Crimes, and a definition of the Crime of Aggression.
(4) During testimony before the Congress following the
adoption of the Rome Statute, the lead United States
negotiator, Ambassador David Scheffer stated that the United
States could not sign the Rome Statute because certain
critical negotiating objectives of the United States had not
been achieved. As a result, he stated: ``We are left with
consequences that do not serve the cause of international
justice.''
(5) Ambassador Scheffer went on to tell the Congress that:
``Multinational peacekeeping forces operating in a country
that has joined the treaty can be exposed to the Court's
jurisdiction even if the country of the individual
peacekeeper has not joined the treaty. Thus, the treaty
purports to establish an arrangement whereby United States
armed forces operating overseas could be conceivably
prosecuted by the international court even if the United
States has not agreed to be bound by the treaty. Not only is
this contrary to the most fundamental principles of treaty
law, it could inhibit the ability of the United States to use
its military to meet alliance obligations and participate in
multinational operations, including humanitarian
interventions to save civilian lives. Other contributors to
peacekeeping operations will be similarly exposed.''.
(6) Notwithstanding these concerns, President Clinton
directed that the United States sign the Rome Statute on
December 31, 2000. In a statement issued that day, he stated
that in view of the unremedied deficiencies of the Rome
Statute, ``I will not, and do not recommend that my successor
submit the Treaty to the Senate for advice and consent until
our fundamental concerns are satisfied''.
(7) Any American prosecuted by the International Criminal
Court will, under the Rome Statute, be denied procedural
protections to which all Americans are entitled under the
Bill of Rights to the United States Constitution, such as the
right to trial by jury.
(8) Members of the Armed Forces of the United States should
be free from the risk of prosecution by the International
Criminal Court, especially when they are stationed or
deployed around the world to protect the vital national
interests of the United States. The United States Government
has an obligation to protect the members of its Armed Forces,
to the maximum extent possible, against criminal prosecutions
carried out by the International Criminal Court.
(9) In addition to exposing members of the Armed Forces of
the United States to the risk of international criminal
prosecution, the Rome Statute creates a risk that the
President and other senior elected and appointed officials of
the United States Government may be prosecuted by the
International Criminal Court. Particularly if the Preparatory
Commission agrees on a definition of the Crime of Aggression
over United States objections, senior United States officials
may be at risk of criminal prosecution for national security
decisions involving such matters as responding to acts of
terrorism, preventing the proliferation of weapons of mass
destruction, and deterring aggression. No less than members
of the Armed Forces of the United States, senior officials of
the United States Government should be free from the risk of
prosecution by the International Criminal Court, especially
with respect to official actions taken by them to protect the
national interests of the United States.
(10) Any agreement within the Preparatory Commission on a
definition of the Crime of Aggression that usurps the
prerogative of the United Nations Security Council under
Article 39 of the charter of the United Nations to
``determine the existence of any . . . . act of aggression''
would contravene the charter of the United Nations and
undermine deterrence.
(11) It is a fundamental principle of international law
that a treaty is binding upon its parties only and that it
does not create obligations for nonparties without their
consent to be bound. The United States is not a party to the
Rome Statute and will not be bound by any of its terms. The
United States will not recognize the jurisdiction of the
International Criminal Court over United States nationals.
SEC. 2003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS
TITLE.
(a) Authority To Initially Waive Sections 5 and 7.--The
President is authorized to waive the prohibitions and
requirements of sections 2005 and 2007 for a single period of
one year. A waiver under this subsection may be issued only
if the President at least 15 days in advance of exercising
such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court has entered
into a binding agreement that--
(A) prohibits the International Criminal Court from seeking
to exercise jurisdiction over the following persons with
respect to actions undertaken by them in an official
capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered United States persons or
covered allied persons; and
(B) ensures that no person described in subparagraph (A)
will be arrested, detained, prosecuted, or imprisoned by or
on behalf of the International Criminal Court.
(b) Authority To Extend Waiver of Sections 5 and 7.--The
President is authorized to waive the prohibitions and
requirements of sections 2005 and 2007 for successive periods
of one year each upon the expiration of a previous waiver
pursuant to subsection (a) or this subsection. A waiver under
this subsection may be issued only if the President at least
fifteen days in advance of exercising such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court--
(A) remains party to, and has continued to abide by, a
binding agreement that--
(i) prohibits the International Criminal Court from seeking
to exercise jurisdiction over the following persons with
respect to actions undertaken by them in an official
capacity:
(I) covered United States persons;
(II) covered allied persons; and
(III) individuals who were covered United States persons or
covered allied persons; and
(ii) ensures that no person described in clause (i) will be
arrested, detained, prosecuted, or imprisoned by or on behalf
of the International Criminal Court; and
(B) has taken no steps to arrest, detain, prosecute, or
imprison any person described in clause (i) of subparagraph
(A).
(c) Authority To Waive Sections 4 and 6 With Respect to an
Investigation or Prosecution of a Named Individual.--The
President is authorized to waive the prohibitions and
requirements of sections 2004 and 2006 to the degree such
prohibitions and requirements would prevent United States
cooperation with an investigation or prosecution of a named
individual by the International Criminal Court. A waiver
under this subsection may be issued only if the President at
least 15 days in advance of exercising such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that--
(A) a waiver pursuant to subsection (a) or (b) of the
prohibitions and requirements of sections 2005 and 2007 is in
effect;
(B) there is reason to believe that the named individual
committed the crime or crimes that are the subject of the
International Criminal Court's investigation or prosecution;
(C) it is in the national interest of the United States for
the International Criminal Court's investigation or
prosecution of the named individual to proceed; and
(D) in investigating events related to actions by the named
individual, none of the following persons will be
investigated, arrested, detained, prosecuted, or imprisoned
by or on behalf of the International Criminal Court with
respect to actions undertaken by them in an official
capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered United States persons or
covered allied persons.
(d) Termination of Waiver Pursuant to Subsection (c).--Any
waiver or waivers exercised pursuant to subsection (c) of the
prohibitions and requirements of sections 2004 and 2006 shall
terminate at any time that a waiver pursuant to subsection
(a) or (b) of the prohibitions and requirements of sections
2005 and 2007 expires and is not extended pursuant to
subsection (b).
(e) Termination of Prohibitions of This Title.--The
prohibitions and requirements of sections 2004, 2005, 2006,
and 2007 shall cease to apply, and the authority of section
2008 shall terminate, if the United States becomes a party to
the International Criminal Court pursuant to a treaty made
under article II, section 2, clause 2 of the Constitution of
the United States.
SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL
CRIMINAL COURT.
(a) Application.--The provisions of this section--
(1) apply only to cooperation with the International
Criminal Court and shall not apply to cooperation with an ad
hoc international criminal tribunal established by the United
Nations Security Council before or after the date of the
enactment of this Act to investigate and prosecute war crimes
committed in a specific country or during a specific
conflict; and
(2) shall not prohibit--
(A) any action permitted under section 2008; or
(B) communication by the United States of its policy with
respect to a matter.
(b) Prohibition on Responding to Requests for
Cooperation.--Notwithstanding section 1782 of title 28,
United States Code, or any other provision of law, no United
States Court, and no agency or entity of any State or local
government, including any court, may cooperate with the
International
[[Page H3060]]
Criminal Court in response to a request for cooperation
submitted by the International Criminal Court pursuant to the
Rome Statute.
(c) Prohibition on Transmittal of Letters Rogatory From the
International Criminal Court.--Notwithstanding section 1781
of title 28, United States Code, or any other provision of
law, no agency of the United States Government may transmit
for execution any letter rogatory issued, or other request
for cooperation made, by the International Criminal Court to
the tribunal, officer, or agency in the United States to whom
it is addressed.
(d) Prohibition on Extradition to the International
Criminal Court.--Notwithstanding any other provision of law,
no agency or entity of the United States Government or of any
State or local government may extradite any person from the
United States to the International Criminal Court, nor
support the transfer of any United States citizen or
permanent resident alien to the International Criminal Court.
(e) Prohibition on Provision of Support to the
International Criminal Court.--Notwithstanding any other
provision of law, no agency or entity of the United States
Government or of any State or local government, including any
court, may provide support to the International Criminal
Court.
(f) Prohibition on Use of Appropriated Funds To Assist the
International Criminal Court.--Notwithstanding any other
provision of law, no funds appropriated under any provision
of law may be used for the purpose of assisting the
investigation, arrest, detention, extradition, or prosecution
of any United States citizen or permanent resident alien by
the International Criminal Court.
(g) Restriction on Assistance Pursuant to Mutual Legal
Assistance Treaties.--The United States shall exercise its
rights to limit the use of assistance provided under all
treaties and executive agreements for mutual legal assistance
in criminal matters, multilateral conventions with legal
assistance provisions, and extradition treaties, to which the
United States is a party, and in connection with the
execution or issuance of any letter rogatory, to prevent the
transfer to, or other use by, the International Criminal
Court of any assistance provided by the United States under
such treaties and letters rogatory.
(h) Prohibition on Investigative Activities of Agents.--No
agent of the International Criminal Court may conduct, in the
United States or any territory subject to the jurisdiction of
the United States, any investigative activity relating to a
preliminary inquiry, investigation, prosecution, or other
proceeding at the International Criminal Court.
SEC. 2005. RESTRICTION ON UNITED STATES PARTICIPATION IN
CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) Policy.--Effective beginning on the date on which the
Rome Statute enters into force pursuant to Article 126 of the
Rome Statute, the President should use the voice and vote of
the United States in the United Nations Security Council to
ensure that each resolution of the Security Council
authorizing any peacekeeping operation under chapter VI of
the charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the United
Nations permanently exempts, at a minimum, members of the
Armed Forces of the United States participating in such
operation from criminal prosecution or other assertion of
jurisdiction by the International Criminal Court for actions
undertaken by such personnel in connection with the
operation.
(b) Restriction.--Members of the Armed Forces of the United
States may not participate in any peacekeeping operation
under chapter VI of the charter of the United Nations or
peace enforcement operation under chapter VII of the charter
of the United Nations, the creation of which is authorized by
the United Nations Security Council on or after the date that
the Rome Statute enters into effect pursuant to Article 126
of the Rome Statute, unless the President has submitted to
the appropriate congressional committees a certification
described in subsection (c) with respect to such operation.
(c) Certification.--The certification referred to in
subsection (b) is a certification by the President that--
(1) members of the Armed Forces of the United States are
able to participate in the peacekeeping or peace enforcement
operation without risk of criminal prosecution or other
assertion of jurisdiction by the International Criminal Court
because, in authorizing the operation, the United Nations
Security Council permanently exempted, at a minimum, members
of the Armed Forces of the United States participating in the
operation from criminal prosecution or other assertion of
jurisdiction by the International Criminal Court for actions
undertaken by them in connection with the operation;
(2) members of the Armed Forces of the United States are
able to participate in the peacekeeping or peace enforcement
operation without risk of criminal prosecution or other
assertion of jurisdiction by the International Criminal Court
because each country in which members of the Armed Forces of
the United States participating in the operation will be
present either is not a party to the International Criminal
Court and has not invoked the jurisdiction of the
International Criminal Court pursuant to Article 12 of the
Rome Statute, or has entered into an agreement in accordance
with Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against members
of the Armed Forces of the United States present in that
country; or
(3) the national interests of the United States justify
participation by members of the Armed Forces of the United
States in the peacekeeping or peace enforcement operation.
SEC. 2006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF
CLASSIFIED NATIONAL SECURITY INFORMATION AND
LAW ENFORCEMENT INFORMATION TO THE
INTERNATIONAL CRIMINAL COURT.
(a) In General.--Not later than the date on which the Rome
Statute enters into force, the President shall ensure that
appropriate procedures are in place to prevent the transfer
of classified national security information and law
enforcement information to the International Criminal Court
for the purpose of facilitating an investigation,
apprehension, or prosecution.
(b) Indirect Transfer.--The procedures adopted pursuant to
subsection (a) shall be designed to prevent the transfer to
the United Nations and to the government of any country that
is party to the International Criminal Court of classified
national security information and law enforcement information
that specifically relates to matters known to be under
investigation or prosecution by the International Criminal
Court, except to the degree that satisfactory assurances are
received from the United Nations or that government, as the
case may be, that such information will not be made available
to the International Criminal Court for the purpose of
facilitating an investigation, apprehension, or prosecution.
(c) Construction.--The provisions of this section shall not
be construed to prohibit any action permitted under section
2008.
SEC. 2007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE
TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.
(a) Prohibition of Military Assistance.--Subject to
subsections (b) and (c), and effective one year after the
date on which the Rome Statute enters into force pursuant to
Article 126 of the Rome Statute, no United States military
assistance may be provided to the government of a country
that is a party to the International Criminal Court.
(b) National Interest Waiver.--The President may, without
prior notice to Congress, waive the prohibition of subsection
(a) with respect to a particular country if he determines and
reports to the appropriate congressional committees that it
is important to the national interest of the United States to
waive such prohibition.
(c) Article 98 Waiver.--The President may, without prior
notice to Congress, waive the prohibition of subsection (a)
with respect to a particular country if he determines and
reports to the appropriate congressional committees that such
country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the
International Criminal court from proceeding against United
States personnel present in such country.
(d) Exemption.--The prohibition of subsection (a) shall not
apply to the government of--
(1) a NATO member country;
(2) a major non-NATO ally (including Australia, Egypt,
Israel, Japan, Jordan, Argentina, the Republic of Korea, and
New Zealand); or
(3) Taiwan.
SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF
THE UNITED STATES AND CERTAIN OTHER PERSONS
DETAINED OR IMPRISONED BY OR ON BEHALF OF THE
INTERNATIONAL CRIMINAL COURT.
(a) Authority.--The President is authorized to use all
means necessary and appropriate to bring about the release of
any person described in subsection (b) who is being detained
or imprisoned by, on behalf of, or at the request of the
International Criminal Court.
(b) Persons Authorized To Be Freed.--The authority of
subsection (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions
taken while the individual was a covered United States person
or a covered allied person, and in the case of a covered
allied person, upon the request of such government.
(c) Authorization of Legal Assistance.--When any person
described in subsection (b) is arrested, detained,
investigated, prosecuted, or imprisoned by, on behalf of, or
at the request of the International Criminal Court, the
President is authorized to direct any agency of the United
States Government to provide--
(1) legal representation and other legal assistance to that
person (including, in the case of a person entitled to
assistance under section 1037 of title 10, United States
Code, representation and other assistance in the manner
provided in that section);
(2) exculpatory evidence on behalf of that person; and
(3) defense of the interests of the United States through
appearance before the International Criminal Court pursuant
to Article 18 or 19 of the Rome Statute, or before the courts
or tribunals of any country.
(d) Bribes and Other Inducements Not Authorized.--This
section does not authorize the payment of bribes or the
provision of
[[Page H3061]]
other such incentives to induce the release of a person
described in subsection (b).
SEC. 2009. ALLIANCE COMMAND ARRANGEMENTS.
(a) Report on Alliance Command Arrangements.--Not later
than 6 months after the date of the enactment of this Act,
the President should transmit to the appropriate
congressional committees a report with respect to each
military alliance to which the United States is party--
(1) describing the degree to which members of the Armed
Forces of the United States may, in the context of military
operations undertaken by or pursuant to that alliance, be
placed under the command or operational control of foreign
military officers subject to the jurisdiction of the
International Criminal Court because they are nationals of a
party to the International Criminal Court; and
(2) evaluating the degree to which members of the Armed
Forces of the United States engaged in military operations
undertaken by or pursuant to that alliance may be exposed to
greater risks as a result of being placed under the command
or operational control of foreign military officers subject
to the jurisdiction of the International Criminal Court.
(b) Description of Measures To Achieve Enhanced Protection
for Members of the Armed Forces of the United States.--Not
later than one year after the date of the enactment of this
Act, the President should transmit to the appropriate
congressional committees a description of modifications to
command and operational control arrangements within military
alliances to which the United States is a party that could be
made in order to reduce any risks to members of the Armed
Forces of the United States identified pursuant to subsection
(a)(2).
(c) Submission in Classified Form.--The report under
subsection (a), and the description of measures under
subsection (b), or appropriate parts thereof, may be
submitted in classified form.
SEC. 2010. WITHHOLDINGS.
Funds withheld from the United States share of assessments
to the United Nations or any other international organization
during any fiscal year pursuant to section 705 of the Admiral
James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (as enacted by
section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
460), are authorized to be transferred to the Embassy
Security, Construction and Maintenance Account of the
Department of State.
SEC. 2011. APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE
OF CONSTITUTIONAL AUTHORITIES.
(a) In General.--Sections 2004 and 2006 shall not apply to
any action or actions with respect to a specific matter
involving the International Criminal Court taken or directed
by the President on a case-by-case basis in the exercise of
the President's authority as Commander in Chief of the Armed
Forces of the United States under article II, section 2 of
the United States Constitution or in the exercise of the
executive power under article II, section 1 of the United
States Constitution.
(b) Notification to Congress.--
(1) In general.--Subject to paragraph (2), not later than
15 days after the President takes or directs an action or
actions described in subsection (a) that would otherwise be
prohibited under section 2004 or 2006, the President shall
submit a notification of such action to the appropriate
congressional committees. A notification under this paragraph
shall include a description of the action, a determination
that the action is in the national interest of the United
States, and a justification for the action.
(2) Exception.--If the President determines that a full
notification under paragraph (1) could jeopardize the
national security of the United States or compromise a United
States law enforcement activity, not later than 15 days after
the President takes or directs an action or actions referred
to in paragraph (1) the President shall notify the
appropriate congressional committees that an action has been
taken and a determination has been made pursuant to this
paragraph. The President shall provide a full notification
under paragraph (1) not later than 15 days after the reasons
for the determination under this paragraph no longer apply.
(c) Construction.--Nothing in this section shall be
construed as a grant of statutory authority to the President
to take any action.
SEC. 2012. NONDELEGATION.
The authorities vested in the President by sections 2003
and 2011(a) may not be delegated by the President pursuant to
section 301 of title 3, United States Code, or any other
provision of law. The authority vested in the President by
section 2005(c)(3) may not be delegated by the President
pursuant to section 301 of title 3, United States Code, or
any other provision of law to any official other than the
Secretary of Defense, and if so delegated may not be
subdelegated.
SEC. 2013. DEFINITIONS.
As used in this title and in section 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate.
(2) Classified national security information.--The term
``classified national security information'' means
information that is classified or classifiable under
Executive Order 12958 or a successor Executive order.
(3) Covered allied persons.--The term ``covered allied
persons'' means military personnel, elected or appointed
officials, and other persons employed by or working on behalf
of the government of a NATO member country, a major non-NATO
ally (including Australia, Egypt, Israel, Japan, Jordan,
Argentina, the Republic of Korea, and New Zealand), or
Taiwan, for so long as that government is not a party to the
International Criminal Court and wishes its officials and
other persons working on its behalf to be exempted from the
jurisdiction of the International Criminal Court.
(4) Covered united states persons.--The term ``covered
United States persons'' means members of the Armed Forces of
the United States, elected or appointed officials of the
United States Government, and other persons employed by or
working on behalf of the United States Government, for so
long as the United States is not a party to the International
Criminal Court.
(5) Extradition.--The terms ``extradition'' and
``extradite'' mean the extradition of a person in accordance
with the provisions of chapter 209 of title 18, United States
Code, (including section 3181(b) of such title) and such
terms include both extradition and surrender as those terms
are defined in Article 102 of the Rome Statute.
(6) International criminal court.--The term ``International
Criminal Court'' means the court established by the Rome
Statute.
(7) Major non-nato ally.--The term ``major non-NATO ally''
means a country that has been so designated in accordance
with section 517 of the Foreign Assistance Act of 1961.
(8) Participate in any peacekeeping operation under chapter
vi of the charter of the united nations or peace enforcement
operation under chapter vii of the charter of the united
nations.--The term ``participate in any peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII of
the charter of the United Nations'' means to assign members
of the Armed Forces of the United States to a United Nations
military command structure as part of a peacekeeping
operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII of
the charter of the United Nations in which those members of
the Armed Forces of the United States are subject to the
command or operational control of one or more foreign
military officers not appointed in conformity with article
II, section 2, clause 2 of the Constitution of the United
States.
(9) Party to the international criminal court.--The term
``party to the International Criminal Court'' means a
government that has deposited an instrument of ratification,
acceptance, approval, or accession to the Rome Statute, and
has not withdrawn from the Rome Statute pursuant to Article
127 thereof.
(10) Peacekeeping operation under chapter vi of the charter
of the united nations or peace enforcement operation under
chapter vii of the charter of the united nations.--The term
``peacekeeping operation under chapter VI of the charter of
the United Nations or peace enforcement operation under
chapter VII of the charter of the United Nations'' means any
military operation to maintain or restore international peace
and security that--
(A) is authorized by the United Nations Security Council
under chapter VI or VII of the charter of the United Nations;
and
(B) is paid for from assessed contributions of United
Nations members that are made available for peacekeeping or
peace enforcement activities.
(11) Rome statute.--The term ``Rome Statute'' means the
Rome Statute of the International Criminal Court, adopted by
the United Nations Diplomatic Conference of Plenipotentiaries
on the Establishment of an International Criminal Court on
July 17, 1998.
(12) Support.--The term ``support'' means assistance of any
kind, including financial support, transfer of property or
other material support, services, intelligence sharing, law
enforcement cooperation, the training or detail of personnel,
and the arrest or detention of individuals.
(13) United states military assistance.--The term ``United
States military assistance'' means--
(A) assistance provided under chapter 2 or 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.);
or
(B) defense articles or defense services furnished with the
financial assistance of the United States Government,
including through loans and guarantees, under section 23 of
the Arms Export Control Act (22 U.S.C. 2763).
SEC. 2014. REPEAL OF LIMITATION.
The Department of Defense Appropriations Act, 2002
(division A of Public Law 107-117) is amended by striking
section 8173.
This Act may be cited as the ``2002 Supplemental
Appropriations Act for Further Recovery From and Response To
Terrorist Attacks on the United States''.
The SPEAKER pro tempore. Pursuant to House Resolution 431, the
previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
[[Page H3062]]
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. OBEY. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. OBEY. I am, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Obey of Wisconsin moves to recommit the bill, H.R.
4775, to the Committee on Appropriations with instructions to
report the bill forthwith with the following amendment:
strike Section 1403.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Obey) is recognized for 5 minutes in support of his
motion.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, a lot of people in this Chamber have spent their entire
career talking about their opposition to raising the national debt. In
fact, the majority of the Members of the Republican Party in this House
have sponsored with much fanfare a constitutional amendment requiring
an explicit vote by two-thirds of the House in order to raise the debt
limit.
This motion simply strikes the provision in the bill that paves the
way to raise that debt limit by $750 billion. For my colleagues to vote
against this motion to prevent turning the Social Security card into
the Nation's credit card would give hypocrisy a bad name.
Mr. Speaker, I yield 2 minutes to the distinguished gentleman from
Texas (Mr. Stenholm).
(Mr. STENHOLM asked and was given permission to revise and extend his
remarks.)
Mr. STENHOLM. Mr. Speaker, finally, after 16 hours of debate, we get
an opportunity for a clean up-and-down vote on whether we should
increase our national debt ceiling by $750 billion.
This motion to recommit reaffirms our support for the President and
our men and women in uniform and the war on terrorism. Every one of us
supports providing whatever funding is necessary to fund the war on
terrorism. This motion is about the financial condition of our Nation
and whether we will continue piling on more and more debt on our
children and grandchildren. We should not be delaying action on funding
the war on terrorism by trying to use it to hide the second largest
increase in the statutory debt limit in the history of our country. The
war on terrorism should be too important for political games.
My colleagues on the other side of the aisle were very willing to
stand up and take credit for the tax and spending legislation they
passed last year that has put us back into debt. They should be willing
to stand up and be counted now that the time has come to pay the bills
by raising the national debt limit.
We are not threatening to default on the good faith and credit of the
U.S. Government. We have repeatedly extended the hand of bipartisan
cooperation by offering to support a temporary increase in the debt
limit to meet the expenses of the war and allow government to meet its
obligations while Congress and the President work together on a plan to
again balance our budget. All we are saying with this motion is hold
off on the administration's request for a $750 billion increase in the
debt until we have a plan in place to return the budget to balance
without borrowing from Social Security.
It is fiscally irresponsible, I repeat, it is fiscally irresponsible
to provide a blank check for increasing borrowing authority without
requiring Congress and the President to come up with a plan to get us
out of red ink and return to saving the Social Security surplus. Vote
for the motion to recommit by striking the effort to hide the increase
in the debt ceiling in this motion.
Mr. OBEY. Mr. Speaker, I yield the final 2 minutes to the
distinguished gentleman from New York (Mr. Rangel), the ranking member
of the Committee on Ways and Means, which ducked its responsibility to
bring a free-standing debt ceiling to the floor of the House.
Mr. RANGEL. Mr. Speaker, this motion to recommit gives us the final
opportunity to bring some thread of responsibility to what we are doing
this evening, and that is to make certain that we do not jeopardize
Social Security; that we do not really make the people pay for the tax
cut by taking it out of the Social Security trust fund.
They have hidden in this bill the ability to borrow an additional
$750 billion, and shame on them for doing it in the middle of the
night. We could have felt so proud, our colleagues could have made us
proud. On this Memorial Day they could have made us feel like we were
somebody; that we were in the House of Representatives, not Republicans
and Democrats, but those who wanted to support our troops overseas,
those who wanted to support the President, those who wanted to fight
against terrorism. That flag would have flown in every parade in every
county, in every city for all of us as Members of the House of
Representatives.
Instead of that, our colleagues wanted to save a couple of Republican
seats. They determined that there were people more sick in a Republican
district than in a Democratic district. They determined they had to pay
off for votes that they picked to unravel international trade
agreements. They missed one heck of an opportunity to make us all feel
proud on this Memorial Day.
The motion to recommit merely says we want fiscal integrity to go
with our responsibility in being patriots. And patriots are the people
who do not run away from their responsibility. If we yield to this, we
yield to the terrorists.
So our colleagues had a chance for bipartisanship. We had that, and
we gave it to the President after 9-11. But in the middle of the night
my colleagues had to find some way to get some political advantages.
Well, my colleagues, we are mad as hell and we are not taking it any
more. The American people demand more of us than that.
And no matter where my colleagues go, whatever they have got to do,
we are going to protect that Social Security System. When the flag is
up, we are going to salute it; but we are going to take care of the
people.
The SPEAKER pro tempore. Is the gentleman from Florida opposed to the
motion to recommit?
Mr. YOUNG of Florida. Very definitely, Mr. Speaker.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Speaker, first I want to thank all of the
Members for their very spirited and enthusiastic participation in this
great exercise in democracy, where the majority rules.
My only request of the Members is to remember that before they vote,
this is a wartime emergency supplemental appropriations bill. My
colleagues may not like some of the feathers, but the main body of the
product is exactly what I said, a wartime emergency supplemental to
support our troops in the field and to make sure that they have
whatever they need and that we do not stand down any of our military
preparedness.
So what I would ask is that Members will vote for final passage for
this bill. On this vote, let us vote ``no'' and then let us go to the
final passage vote.
Parliamentary Inquiry
Mr. TAYLOR of Mississippi. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman may inquire.
Mr. TAYLOR of Mississippi. Mr. Speaker, it is all a little fuzzy,
probably by intention.
The SPEAKER pro tempore. Does the gentleman have an inquiry?
Mr. TAYLOR of Mississippi. Yes, sir.
The SPEAKER pro tempore. The gentleman will state his inquiry.
Mr. TAYLOR of Mississippi. Mr. Speaker, is it my understanding that
by the passage of this bill the rule allows the debt limit to be
increased by $750 billion?
The SPEAKER pro tempore. The gentleman has not stated a parliamentary
inquiry.
Without objection, the previous question is ordered on the motion to
recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. OBEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
[[Page H3063]]
The SPEAKER pro tempore. This will be a 15-minute vote followed by a
5-minute vote on final passage.
The vote was taken by electronic device, and there were--ayes 201,
noes 215, not voting 19, as follows:
[Roll No. 205]
AYES--201
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson (IN)
Carson (OK)
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank
Frost
Gephardt
Gonzalez
Gordon
Green (TX)
Hall (OH)
Hall (TX)
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Ross
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Schiff
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--215
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bereuter
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Brady (TX)
Brown (SC)
Bryant
Burr
Buyer
Callahan
Calvert
Camp
Cantor
Capito
Castle
Chabot
Chambliss
Coble
Collins
Cooksey
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hansen
Hart
Hastert
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
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
LoBiondo
Lucas (OK)
Manzullo
McCrery
McHugh
McInnis
McKeon
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Portman
Pryce (OH)
Putnam
Quinn
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schaffer
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stump
Sullivan
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Upton
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--19
Bonior
Burton
Cannon
Combest
Condit
Cramer
Crowley
Deutsch
Gutierrez
Linder
Lipinski
McIntyre
Nussle
Radanovich
Roukema
Thompson (CA)
Thompson (MS)
Traficant
Vitter
{time} 0242
Mr. FILNER changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Simpson). The question is on the passage
of the bill.
Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 280,
nays 138, not voting 17, as follows:
[Roll No. 206]
YEAS--280
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baker
Baldacci
Ballenger
Barcia
Barr
Bartlett
Barton
Bass
Bentsen
Bereuter
Berkley
Berman
Biggert
Bilirakis
Bishop
Blagojevich
Blunt
Boehlert
Boehner
Bonilla
Bono
Boozman
Borski
Boucher
Brady (PA)
Brady (TX)
Brown (SC)
Bryant
Burr
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Cardin
Carson (OK)
Castle
Chambliss
Clement
Coble
Cooksey
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (CA)
Davis, Jo Ann
Davis, Tom
DeLay
DeMint
Diaz-Balart
Dicks
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Etheridge
Evans
Everett
Fattah
Ferguson
Fletcher
Foley
Forbes
Fossella
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goss
Graham
Granger
Graves
Green (TX)
Greenwood
Grucci
Hall (OH)
Hall (TX)
Hansen
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hilleary
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Isakson
Israel
Istook
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
LaHood
Lampson
Larsen (WA)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Mascara
Matheson
McCarthy (NY)
McCrery
McHugh
McInnis
McKeon
McNulty
Mica
Miller, Dan
Miller, Gary
Miller, Jeff
Mollohan
Moore
Morella
Murtha
Myrick
Nadler
Nethercutt
Ney
Northup
Nussle
Ortiz
Osborne
Ose
Otter
Oxley
Pascrell
Pastor
Pence
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Ramstad
Regula
Rehberg
Reyes
Reynolds
Riley
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Ryun (KS)
Sabo
Sandlin
Saxton
Schaffer
Schiff
Schrock
Scott
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (NJ)
Smith (TX)
Souder
Stearns
Strickland
Stump
Sullivan
Sununu
Sweeney
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Turner
Upton
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NAYS--138
Baird
Baldwin
Barrett
Becerra
Berry
Blumenauer
Boswell
Boyd
Brown (FL)
Brown (OH)
Capuano
Carson (IN)
Chabot
Clay
Clayton
Clyburn
Collins
Conyers
Costello
Cox
Coyne
Cummings
Davis (FL)
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Dooley
Duncan
Eshoo
Farr
Filner
Flake
Ford
Frank
Gephardt
Goode
Gordon
[[Page H3064]]
Green (WI)
Gutknecht
Harman
Hastings (FL)
Hill
Hilliard
Hinchey
Honda
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Jones (OH)
Kaptur
Kerns
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Langevin
Lantos
Larson (CT)
Lee
Lewis (GA)
Lofgren
Lynch
Manzullo
Markey
Matsui
McCarthy (MO)
McCollum
McDermott
McGovern
McKinney
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Moran (KS)
Moran (VA)
Napolitano
Neal
Norwood
Oberstar
Obey
Olver
Owens
Pallone
Paul
Payne
Pelosi
Peterson (MN)
Rahall
Rangel
Rivers
Rohrabacher
Roybal-Allard
Royce
Rush
Ryan (WI)
Sanchez
Sanders
Sawyer
Schakowsky
Sensenbrenner
Serrano
Slaughter
Smith (MI)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Stupak
Tanner
Tauscher
Taylor (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Wexler
Woolsey
NOT VOTING--17
Bonior
Burton
Combest
Condit
Cramer
Crowley
Deutsch
Gutierrez
Linder
Lipinski
McIntyre
Radanovich
Roukema
Thompson (CA)
Thompson (MS)
Traficant
Vitter
{time} 0250
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________