[Congressional Record Volume 149, Number 53 (Wednesday, April 2, 2003)]
[House]
[Pages H2704-H2706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1559

                        Offered By: Mr. McGovern

       Amendment No. 1: In chapter 3 of title I, in the item 
     relating to ``Drug Interdiction and Counter-Drug Activities, 
     Defense'', after the aggregate dollar amount, insert the 
     following: ``(reduced by $34,000,000)''.
       In chapter 4 of title I, in the item relating to ``Andean 
     Counterdrug Initiative'', after the aggregate dollar amount, 
     insert the following: ``(reduced by $27,000,000)''.
       In chapter 5 of title I, in the item relating to ``Office 
     for Domestic Preparedness'', after the first and second 
     dollar amounts, insert the following: ``(increased by 
     $61,000,000)''.

                               H.R. 1559

                        Offered By: Mr. McGovern

       Amendment No. 2: In chapter 3 of title I, in the item 
     relating to ``Drug Interdiction and Counter-Drug Activities, 
     Defense'', after the aggregate dollar amount, insert the 
     following: ``(reduced by $34,000,000)''.
       In chapter 4 of title I, in the item relating to ``Andean 
     Counterdrug Initiative'', after the aggregate dollar amount, 
     insert the following: ``(reduced by $27,000,000)''.
       In chapter 5 of title I, in the item relating to ``Office 
     for Domestic Preparedness'', after the first and second 
     dollar amounts, insert the following: ``(increased by 
     $34,000,000)''.

                               H.R. 1559

                   Offered By: Ms. Millender-McDonald

       Amendment No. 3: Page __, after line __, insert the 
     following:
       Sec. __. (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Frontline transit employee.--The term ``frontline 
     transit employee'' means an employee of a mass transportation 
     agency who is a bus driver, transit operator, transit 
     maintenance employee, or community representative or is 
     otherwise employed in a position with direct interaction with 
     the public.
       (2) Eligible transportation agency.--The term ``eligible 
     transportation agency'' means a designated recipient as 
     defined in section 5307(a) of title 49, United States Code, 
     and any other transportation agency designated by the 
     Secretary.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Public Transportation Systems Vulnerability 
     Assessments.--
       (1) Assessment.--The Secretary, in consultation with the 
     heads of other appropriate Federal departments and agencies, 
     shall--
       (A) conduct a review of all government assessments 
     conducted after September 11, 2001, of terrorist-related 
     threats to all forms of public transportation, including 
     public gathering areas related to public transportation; and
       (B) as necessary, conduct additional assessments of 
     vulnerabilities associated with any public transportation 
     system.
       (2) Adequacy of training.--In conducting the review and 
     assessments under paragraph (1), the Secretary shall 
     determine the percentage of frontline transit employees who 
     have received training in emergency preparedness and response 
     activities.
       (3) Reports.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     President and Congress a report on the results of the review 
     and assessments conducted under this paragraph (1), including 
     the Secretary's finding under paragraph (2), and the 
     Secretary's recommendations for legislative and 
     administrative actions.
       (B) Updates.--The Secretary shall update the report, 
     including the Secretary's finding under paragraph (2), 
     annually for 2 years and transmit the updated reports to the 
     President and Congress.
       (c) Grants for Emergency Preparedness and Response Training 
     of Frontline Transit Employees.--
       (1) In general.--The Secretary may make grants to eligible 
     transportation agencies for--
       (A) the training of frontline transit employees in 
     emergency preparedness and response activities; and
       (B) the acquisition of equipment and technologies, approved 
     by the Secretary, to assist in carrying out such training and 
     activities.
       (2) Training activities.--Training activities under 
     paragraph (1)(A) may include the teaching of best practice 
     methods, planning, testing, drills, and the development of 
     agency and regional emergency preparedness and response 
     programs.
       (3) Applications.--To be eligible for a grant under this 
     subsection, an eligible transportation agency shall submit to 
     the Secretary an application at the time and containing the 
     information that the Secretary requires by regulation.
       (4) Terms and conditions.--A grant to an eligible 
     transportation agency in a fiscal year under this subsection 
     shall be subject to the following terms and conditions:
       (A) Emergency management committee.--The agency shall 
     certify that the agency will establish a committee on 
     emergency preparedness and response training consisting of at 
     least one frontline transit employee representative and at 
     least one management employee representative. The committee 
     shall be composed of an equal number of frontline transit 
     employee representatives and management employee 
     representatives. Committee positions shall not be vacant for 
     any period in the fiscal year of more than 30 days.
       (B) Report.--The agency shall agree to submit to the 
     Secretary before the last day of the fiscal year a report on 
     the use of the grant, including a statement of the number of 
     frontline transit employees receiving training under the 
     grant.
       (5) Allocation of grant amounts.--The Secretary shall 
     allocate amounts made available for grants under this 
     subsection in a fiscal year among eligible transportation 
     agencies based on the needs of the agencies for emergency 
     preparedness and response training and equipment. Not less 
     than 10 percent of such amounts shall be allocated to 
     eligible transportation agencies in non-urban areas.
       (6) Federal share.--The Federal share of the cost of 
     activities funded using amounts from a grant under this 
     subsection may not exceed 90 percent.
       (7) Regulations.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall issue final 
     regulations to carry out this subsection.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $8,000,000 per 
     fiscal year for each of fiscal years 2004, 2005, and 2006. 
     Such amounts shall remain available until expended.

                               H.R. 1559

                   Offered By: Ms. Millender-McDonald

       Amendment No. 4: Page __, after line __, insert the 
     following:
       Sec. __. (a) Frontline Transit Employee Defined.--In this 
     section, the term ``frontline transit employee'' means an 
     employee of a mass transportation agency who is a bus driver, 
     transit operator, transit maintenance employee, or community 
     representative or is otherwise employed in a position with 
     direct interaction with the public.
       (b) Public Transportation Systems Vulnerability 
     Assessments.--
       (1) Assessment.--The Secretary of Homeland Security, in 
     consultation with the heads of other appropriate Federal 
     departments and agencies, shall--
       (A) conduct a review of all government assessments 
     conducted after September 11, 2001, of terrorist-related 
     threats to all forms of public transportation, including 
     public gathering areas related to public transportation; and
       (B) as necessary, conduct additional assessments of 
     vulnerabilities associated with any public transportation 
     system.
       (2) Adequacy of training.--In conducting the review and 
     assessments under paragraph (1), the Secretary shall 
     determine the percentage of frontline transit employees who 
     have received training in emergency preparedness and response 
     activities.

[[Page H2705]]

       (3) Reports.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     President and Congress a report on the results of the review 
     and assessments conducted under this paragraph (1), including 
     the Secretary's finding under paragraph (2), and the 
     Secretary's recommendations for legislative and 
     administrative actions.
       (B) Updates.--The Secretary shall update the report, 
     including the Secretary's finding under paragraph (2), 
     annually for 2 years and transmit the updated reports to the 
     President and Congress.

                               H.R. 1559

                        Offered By: Mr. Emanuel

       Amendment No. 5: At the end of the bill (before the short 
     title), insert the following:

                                TITLE __


                          financial assistance

       Sec. __. (a) Payments to State and Local Governments.--The 
     Secretary of the Treasury shall, in accordance with the 
     provisions in this title, make payments to States and local 
     governments to coordinate budget related actions by such 
     governments with Federal Government efforts to stimulate 
     economic recovery.
       (b) Appropriation.--There is appropriated to the Secretary 
     of the Treasury $1,700,000,000 for fiscal year 2003 for 
     payments under this title.


                               allocation

       Sec. __. The Secretary of the Treasury shall establish a 
     formula, within 30 days after the date of the enactment of 
     this Act, for determining the allocation of payments under 
     this title. The formula shall give priority weight to the 
     following factors:
       (1) The unemployment rate in relation to the national 
     average unemployment rate.
       (2) The duration of the unemployment rate above such 
     average.
       (3) Median income.
       (4) Population.


              use of funds by state and local governments

       Sec. __. (a) In General.--Funds received under this title 
     may be used only for priority expenditures. For purposes of 
     this title, the term ``priority expenditures'' means only--
       (1) ordinary and necessary maintenance and operating 
     expenses for--
       (A) primary, secondary, or higher education including 
     school building renovation;
       (B) public safety;
       (C) public health, including hospitals and public health 
     laboratories;
       (D) social services for the poor or aged;
       (E) roads, transportation and water infrastructure; and
       (F) housing; and
       (2) ordinary and necessary capital expenditures authorized 
     by law.
       (b) Certifications by State and Local Governments.--The 
     Secretary of the Treasury may accept a certification by the 
     chief executive officer of a State or local government that 
     the State or local government has used the funds received by 
     it under this title only for priority expenditures, unless 
     the Secretary determines that such certification is not 
     sufficiently reliable to enable the Secretary to carry out 
     this title. The Secretary shall prescribe by rule the time 
     and manner in which the certification must be filed.


                         emergency desingation

       Sec. __. The entire amount provided by this title 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.

                               H.R. 1559

                        Offered By: Mr. Emanuel

       Amendment No. 6: At the end of the bill (before the short 
     title), insert the following:

                                TITLE __

                   EXECUTIVE OFFICE OF THE PRESIDENT

                          Unanticipated Needs

                        emergency response fund


                     (including transfer of funds)

       For necessary expenses to detect, prepare for, prevent, 
     protect against, or respond to a potential terrorist attack, 
     $8,000,000,000, to remain available until December 31, 2003: 
     Provided, That such funds may be transferred to any 
     authorized Federal Government activity for such purposes: 
     Provided further, That the Director of the Office of 
     Management and Budget shall notify the Committees on 
     Appropriations at least 15 days prior to transfer of any 
     amount of such funds.

                               H.R. 1559

                         Offered By: Ms. Waters

       Amendment No. 7: At the end of the bill (before the short 
     title), insert the following:


requirement that united states urge the inter-american development bank 
                       to resume lending to haiti

       Sec. __. The Secretary of the Treasury shall direct the 
     United States Executive Director at the Inter-American 
     Development Bank to use the voice, vote, and influence of the 
     United States to urge the Inter-American Development Bank to 
     immediately resume lending to Haiti, and disburse all loans 
     to Haiti that have been approved by the Inter-American 
     Development Bank.

                               H.R. 1559

                         Offered By: Ms. Waters

       Amendment No: 8: At the end of the bill (before the short 
     title), insert the following:
       Sec.__. (a) Limiting Conflicts of Interest.--If an officer 
     described in subsection (b) was, at any time during the 
     covered period, a member of the board of directors of a 
     company or a senior management official of a company, such 
     officer may not--
       (1) be present at, or participate in any way in, any 
     negotiation of a contract for the procurement of goods or 
     services by the Federal Government with such company or any 
     exercise of authority in connection with an existing contract 
     with such company (other than to delegate authority to 
     another officer); and
       (2) otherwise directly or indirectly communicate with such 
     company, or any officer or employee of such company, during 
     the period any such negotiation is in progress or the 
     exercise of authority is being considered.
       (b) Designated Officers.--The following officers are 
     described in this subsection for purposes of subsection (a): 
     the President, the Vice President, the Secretary of State, 
     the Secretary of Defense, the Attorney General, the Secretary 
     of Homeland Security, the Secretary of Commerce, the 
     Assistant to the President for National Security Affairs, the 
     Senior Advisor to the President, the Director of Central 
     Intelligence, the Director of the Federal Bureau of 
     Investigation, the Deputy Secretary of Defense, and the 
     Administrator of the United States Agency for International 
     Development.
       (c) Covered Period.--For purposes of subsection (a), the 
     term ``covered period'' means the 4-year period preceding the 
     beginning of a negotiation of a contract or the exercise of 
     authority in connection with an existing contract.

                               H.R. 1559

                         Offered By: Ms. Waters

       Amendment No. 9: At the end of title __, insert the 
     following new item:

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

       For an additional amount for the ``Community Development 
     Fund'' for assistance to States and units of general local 
     government for carrying out a variety of development and 
     renewal projects, $5,000,000,000, to remain available until 
     expended: Provided, That such funds may be used only for 
     urban and rural development and renewal projects that are 
     designed to provide resources to urban and rural communities, 
     to create jobs and economic opportunities, and to facilitate 
     community growth, including projects for housing 
     rehabilitation and construction, construction and development 
     of health clinics, water projects, and transportation 
     systems, acquisition and demolition of dilapidated buildings, 
     and urban reconstruction and environmental cleanup: Provided 
     further, That in administering such funds, the Secretary of 
     Housing and Urban Development 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 such funds (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: Provided further, That the 
     Secretary may request the head of any appropriate agency to 
     administer the use of the funds for any project, in lieu of 
     or in conjunction with the Secretary, if the Secretary 
     determines that such agency has more appropriate experience 
     and expertise with respect to such project: Provided further, 
     That such funds shall not adversely affect the amount of any 
     formula assistance received by any State or unit general 
     local government 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 5 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 5 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.

                               H.R. 1559

                       Offered By: Mr. Rodriguez

       Amendment No. 10: At the end of the bill, before the short 
     title, insert the following:
       Sec. __. The amounts otherwise provided by this Act are 
     revised by reducing the amount made available in chapter 4 of 
     title I for ``Iraq Relief and Reconstruction Fund'' by, and 
     appropriating under the heading ``DEPARTMENT OF VETERANS 
     AFFAIRS'' an additional amount for ``Veterans Health 
     Administration--Medical Care'' of, $90,000,000, of which, in 
     the case of the amount appropriated for ``Veterans Health 
     Administration--Medical Care'', $70,000,000 is for additional 
     health care preparedness, as authorized by law, and 
     $20,000,000 is for implementation of section 7325 of title 
     38, United States Code (relating to the establishment of 
     medical emergency preparedness centers in the Department of 
     Veterans Affairs).

[[Page H2706]]

                               H.R. 1559

                       Offered By: Mr. Nethercutt

       Amendment No. 11: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act for 
     reconstruction efforts in Iraq may be used to procure goods 
     or services from any corporation or other business entity 
     organized under the laws of France, Germany, the Russian 
     Federation, the People's Republic of China, or Syria.